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HomeMy WebLinkAbout07/03/2018 (3)11 COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 3, 2018 - 9:00 AM Commission Chambers Indian River.County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Reverend Dr. Crystal Bujol, Artistic Director, Gifford Youth Orchestra 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Joe McManus on His Retirement From Indian River County Board of County Commissioner Department of General Services Recreation Division with Twelve Years of Service 7.13. Sebastian River Improvement District's Proposed Budget for Fiscal Year 2018-2019 October 1, 2018 - September 30, 2019 is on file for review in the Office of the Clerk to the Board. July 3, 2018 Page 1 of 5 7.C. Florida Public Service Commission Order No. PSC -2018 -0314 -PAA -EQ In re: Petition for approval of amended standard offer contract (Schedule COG -2) based on -a combustion turbine avoided unit, by Duke Energy Florida, LLC is on file for review in the office of the Clerk to the Board. 7.D. Florida Public Service Commission Order No. PSC -2018 -0313 -PCO -EI In re: Fuel and purchased power cost recovery clause with generating performance incentive factor filed by Florida Power & Light 7.E. Florida Public Service Commission Order No. PSC -2018 -0316 -PAA -EQ In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light is on file for review in the Office of the Clerk to the Board 7.F. Florida Public Service Commission Order No. PSC -2018 -0318 -PCO -EI In re: Environmental Cost Recovery Clause (ECRC); approving Florida Power & Light Company's (FPL) Mid -Course Corrections and associated tariffs, effective July 1, 2018, is on file for review in the office of the Clerk to the Board. 7.G. Florida Public Service Commission Order No. PSC -2018 -0324 -CO -EI In re: Petition for Approval of Modifications to Rate Schedule LS -1 Lighting Service and for Approval of Revisions to Lighting Service Contract, by Duke Energy Florida, LLC is on file for review in the Office of the Clerk to the Board 7.H. Update on All Aboard FL/Vero Electric Expenses 7.I. Indian River County Venue Event Calendar Review 7.1 Landfill Closure and Collection Service Changes for the July 4th Holiday 7.K. Resignation of Richard Brown, District 3 Representative, from the Development Review and Permit Process Advisory Committee. 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 8, 2018 to June 14, 2018 8.B. Checks and Electronic Payments June 15, 2018 to June 21, 2018 8.C. Kane County, Utah v. United States Class Action Lawsuit 8.D. Miscellaneous Budget Amendment 012 8.E. Teen Court (Juvenile Diversion) Program Administration Transition 8.F. Acceptance and Approval of Expenditures of Emergency Management Federally -Funded Subgrant Agreement (EMPG) and Expenditure Approval 19 -FG -XX -10 -40 -01 -XXX 8.G. Award of Bid No. 2018061, Annual Bid for Artificial Reef 8.H. Work Order No. 2018006-3, Aptim Environmental & Infrastructure, Inc., Sector 3 Beach and Dune Renourishment - 2018 Physical Monitoring July 3, 2018 Page 2 of 5 8.I. Rejection of Bid No. 2018048, Gifford Neighborhood 45th Street Beautification Project Phase II, (IRC -1748) 8.1 Request for Purchase Order Increase for Stabilized Material 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for July 10, 2018: Second public hearing to consider applying for a FFY 2017 Small Cities Community Development Block Grant (CDBG) in one or more specific CDBG categories. (Administrative) 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. EmerEency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources 12.D.1. Ratification of Amendment to Article 26.12 of the Collective Bargaining Agreement between Indian River County and the International Association of Firefighter's, Local 2201 Removing the Prohibition for Light Duty for Pregnancy 12.D.2. Legal Services - Labor and Employment Matters E. Office of Manaument and Budget F. Public Works G. Utilities Services 12.G.1. Sole Source for Florida Blower 12.G.2. Sole Source for ABBA Pump Parts and Service 12.G.3. Well Deepening at South County Reverse Osmosis (SCRO) Plant 13. COUNTY ATTORNEY MATTERS July 3, 2018 Page 3 of 5 13.A. Federal Lobbying Concerning All Aboard Florida/Brightline 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. Support for City of Vero Beach Airport Grant Application 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of Minutes May 8, 2018 15.11.2. Expansion of the School District of Indian River County Recycling Program 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.irceov.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. July 3, 2018 Page 4 of 5 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. July 3, 2018 Page 5 of 5 SEBASTIAN RIVER IMPROVEMENT DISTRICT 13 c/o Special District Services, Inc. 2501 Burns Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 June 11, 2018 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED Clerk of the Circuit Court Indian River County P.O. Box 1028 Vero Beach, FL 32961-1028 Re: Sebastian River Improvement District To Whom It May Concern: Pursuant to Florida law, enclosed please find a copy of the following document relative to the above referenced Improvement District: 1. Proposed Budget for Fiscal Year 2018/2019 (October 1, 2018 — September 30, 2019) If you have any questions and/or comments, please do not hesitate to contact our office. Sincerely, SPECIAL DISTRICT SERVICES, INC. Laura J. Ar"'&r Enclosure r I>TRIIMAAIWA>>>4>ilia] MiM Proposed Budget For Fiscal Year 2018/2019 October 1, 2018 - September 30, 2019 -. 20 IR A P-- CONTENTS A3 PROPOSED BUDGET SEBASTIAN RIVER IMPROVEMENT DISTRICT FISCAL YEAR 2018/2019 OCTOBER 1, 2018 - SEPTEMBER 30, 2019 REVENUES FISCAL YEAR FISCAL YEAR 2016/2017 2017/2018 ACTUAL BUDGET FISCAL YEAR 2018/2019 BUDGET COMMENTS NAV ASSESSMENTS 149,989 165,745 175,755 10,046 Acres @ $17.50 R -O -W USE FEES 14,765 14,500 14,765 PERMIT FEES 0 0 5,000 OTHER REVENUES 0 1,000 0 INTEREST INCOME 2,112 750 840 Interest Projected At $70 Per Month TOTAL REVENUES $ 166,866 $ 181,995 $ 196,360 EXPENDITURES LEGAL 7,152 6,500 7,500 $1,000 Increase From 2017/2018 Budget DISTRICT ADMINISTRATIVE 26,298 27,000 27,000 $2,250 Per Month OPERATIONS MANAGER 18,000 18,000 18,000 No Change From 2017/2018 Budget OPERATIONS MANAGER - PAYROLL TAXES 1,377 1,377 1,377 Operations Manager `7.65% ENGINEERING /GENERAL 25,789 25,000 25,000 No Change From 2017/2018 Budget ENGINEERING /PERMIT 0 0 5,000 Engineering/Permit ENGINEERING /SPECIAL PROJECTS 12,217 0 5,000 Engineering/Special Projects ACCOUNTING / AUDIT 6,250 6,500 6,750 $250 Increase From 2017/2018 Budget INSURANCE 6,630 7,293 7,293 Insurance Company Estimate WEBSITE MANAGEMENT 1,500 1,500 1,500 No Change From 2017/2018 Budget OTHER OPERATING FEES 0 4,923 0 Line Item Eliminated DUES & SUBSCRIPTIONS 925 925 925 $175 For Dept Of Economic Opportunity- $750 For FL Assoc Special Districts LEGAL ADVERISEMENTS 758 950 950 No Change From 2017/2018 Budget MISCELLANEOUS 1,793 1,825 1,900 Includes Travel, Postage & Office Supplies WATER QUALITY ANALYTICAL SERVICE 922 0 1,000 Quarterly Service R -O -W MAINTENANCE 30,213 50,000 50,000 No Change From 2017/2018 Budget C/L VEGETATION MANAGEMENT 0 50,000 50,000 No Change From 2017/2018 Budget MISCELLANEOUS MAINTENANCE 9,625 5,000 10,000 $5,000 Increase From 2017/2018 Budget TOTAL EXPENDITURES $ 149,449 $ 206,793 $ 219,195 REVENUES LESS EXPENDITURES $ 17,417 $ 24,798 $ 22,835 COUNTY APPRAISER & TAX COLLECTOR FEE 1,507 3,115 (3,515) Two Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS (4,844) 6,230 (7,030) Four Percent Of Total Assessment Roll EXCESS/ SHORTFALL $ 11,066 $ 34,143 $ (33,380) PREVIOUS YEAR CARRYOVER 34,143 33,380 Comes from Current Fund Balance NET EXCESS/ SHORTFALL $ 11,066 1 $ $ Notes Assessable Acres = 10,046 FY 2016 Assessment per Acre = $13.50 FY 2016 Budgeted Carryover Funding Assessment per Acre = $1.54 FY 2017 Assessment per Acre = $14.50 FY 2017 Budgeted Carryover Funding Assessment per Acre = $5.26 FY 2018 Assessment per Acre = $16.50 FY 2018 Budgeted Carryover Funding Assessment per Acre = $3.39 FY 2019 Assessment per Acre = $17.50 FY 2019 Budgeted Carryover Funding Assessment per Acre = $3.32 FUND BALANCE AS OF 9/30/16 $ 216,662.73 FY 2016/2017 BUDGET ACTIVITY $ 11,066.48 FUND BALANCE AS OF 9/30/17 $ 227,729.21 :; 2018 FILED 6/19/2018 7.0 !DOCUMENT NO. 04274-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of amended DOCKET NO. 20180073 -EQ standard offer contract (Schedule COG -2) ORDER NO. PSC -2018 -0314 -PAA -EQ based on a combustion turbine avoided unit, by ISSUED: June 19, 2018 Duke Energy Florida, LLC. The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING DUKE ENERGY FLORIDA, LLC'S STANDARD OFFER CONTRACT AND RELATED TARIFFS BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). Case Background Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offer to purchase capacity and energy from renewable energy generators and small qualifying facilities. Pursuant to Rules 25-17.200 through 25-17.310, Florida Administrative Code (F.A.C.), by April 1 of each year, each IOU must file a standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the Utility's current Ten -Year Site Plan. On March 29, 2018, Duke Energy Florida, LLC (DEF) filed a petition for approval of its amended standard offer contract and rate schedule COG -2 based on its 2018 Ten -Year Site Plan. DEF uses a value that is filed with the Federal Energy Regulatory Commission (FERC) every year on May 1 as a component of the delivery voltage adjustment factors found on Sheet 9.458 of its standard offer contract. While this value has historically been available for DEF's standard offer contract filing, this year the value was calculated after the April 1 filing deadline. J3 1 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 2 On May 25, 2018, DEF provided revisions to Sheet 9.458 containing updated delivery voltage adjustment factors reflecting the newly calculated value filed with FERC. On May 16, 2018, DEF also filed revisions to Sheet 9.415 correcting the cost of the avoided unit's variable operation and maintenance from 0.0931 cents per kilowatt-hour (¢/kWh) to 0.931 0/kWh. In addition to the aforementioned revisions, DEF's standard offer contract and rate schedule COG -2 include updates to avoided unit specifications, calendar dates, and a monthly capacity payment example and its accompanying capacity payment parameters. Also included are typographical corrections, updates to position titles, and a change to DEF's name from Duke Energy Florida, Inc., to Duke Energy Florida, LLC. We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06 and 366.91, F.S. Analysis and Decision Rule 25-17.250, F.A.C., requires that DEF, an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rule 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. DEF has identified a 226 megawatt (MW) natural gas -fueled combustion turbine (CT) as its next planned generating unit in its 2018 Ten - Year Site Plan. The projected in-service date of the unit is June 1, 2027. Under DEF's standard offer contract, the RF/QF operator commits to certain minimum performance requirements based on the identified avoided unit (such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit) and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, when one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require each IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2027) and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payments options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. 02- ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 3 The table below contains estimates of the annual payments for each payment option available under the amended standard offer contract to an operator with a 50 MW renewable facility operating at a capacity factor of 95 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2027, reflecting the projected in-service date of the avoided unit (June 1, 2027). Estimated Annual Payments to a 50 MW Renewable Facility (95% Capacity Factor) Year Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized $(000) $(000) $(000) $(000) $(000) 2019 8,553 - - - - 2020 6,683 - - - - 2021 5,323 - - - - 2022 5,589 - - - - 2023 6,343 - - - - 2024 7,655 - - - - 2025 9,068 - - 2,157 2,455 2026 10,200 - - 2,211 2,459 2027 11,473 1,695 1,906 2,266 2,462 2028 12,305 2,978 3,272 2,323 2,466 2029 13,014 3,053 3,277 2,381 2,470 2030 13,993 3,129 3,282 2,441 2,474 2031 14,108 3,207 3,287 2,502 2,478 2032 14,427 3,288 3,293 2,564 2,482 2033 15,380 3,370 3,298 2,628 2,486 2034 16,430 3,454 3,304 2,694 2,491 2035 16,682 3,540 3,310 2,761 2,495 2036 18,141 3,629 3,316 2,830 2,500 2037 18,727 3,720 3,322 2,901 2,504 2038 20,057 .3,813 3,328 2,974 2,509 Total 244,151 38,875 38,195 35,632 34,731 NPV (2018$) 114,628 14,718 14,718 14,718 14,718 63 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 4 The type -and -strike format versions of the amended standard offer contract and associated rate schedule COG -2, including the most recent revisions to Sheet 9.458 filed on May 25, 2018, and Sheet 9.415 filed on May 16, 2018, are included in this order as Attachment A. All of the changes made to DEF's tariff sheets are consistent with the updated avoided unit. Revisions include updates to avoided unit specifications, calendar dates, and a monthly capacity payment example and its accompanying capacity payment parameters. Also revised are delivery voltage adjustment factors reflecting DEF's 2017 line loss analysis. In addition, there are a number of minor changes including typographical corrections, updates to position titles, and a change to DEF's name from Duke Energy Florida, Inc., to Duke Energy Florida, LLC. The provisions of DEF's amended standard offer contract and associated rate schedule COG -2, as filed on March 29, 2018, and as modified by the revisions to Sheet 9.458 filed on May 25, 2018, and Sheet 9.415 filed on May 16, 2018, conform to all requirements of Rules 25- 17.200 through 25-17.310, F.A.C. The amended standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Upon review, we approve the amended standard offer contract and associated rate schedule COG -2 filed by Duke Energy Florida. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the amended standard offer contract and associated rate schedule COG -2 filed by Duke Energy Florida, LLC are hereby approved. It is further, ORDERED that this docket shall be closed upon the issuance of a consummating order, unless a person whose substantial interests are affected by this Commission's decision files a protest within 21 days of the issuance of this Proposed Agency Action Order. Potential signatories should be aware that, if a timely protest is filed, Duke Energy Florida, LLC's standard offer contract may subsequently be revised. It is further, ORDERED that in the event this Order becomes final, this docket shall be closed. G br ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 5 C6111,1V8 By ORDER of the Florida Public Service Commission this 19th day of June, 2018. d&Ld&xkAU�A - CARLOTTA S. STAUFFE Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(l), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on July 10, 2018. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. 05 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 6 DUKE ENERGY, Attachment A Page 1 of 71 SECTION No. IX SECOND REVISED SHEET NO. 9.400 CANCELS FIRST REVISED SHEET NO. 0.400 STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE"- ENERGY PRODUCER OR QUALIFYING FACIL'IT'Y LESS THAN 100 XW TABLE OF CONTENTS SHEET NO: Standard Offer Contract 9.400 Appendix A - Monthly Capacity Payment Calculation 9.442 Appendix B - Termination Fee 9.444 .Appendix C - Detailed .Project Information 9.446 Appendix D — Rate Schedule COG -2 9.452 Appendix E -Agreed Upon Payment Schedules and Other Mutual 9.470 Agreements Appendix .F - FPSC Rules 25-17.080 through 25-17.310 9.475 ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FI. EFFECTIVE: April 29, 2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 7 (ft� DUKE ENERGY. Attachment A Page 2 of 71 SECTION NO. IX FIRST-SECOND REVISED SHEET NO. 9.401 CANCELS ORIGINAL -FIRST SHEET NO. 9.401 STANDARD OFFER CONTRACTFOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY PRODUCER. OR QUALIFYING FACILITY LESS THAN 100 KW between and DUKE ENERGY FLORIDA. LLC ISSUED BY: Javier Portuondo, Managinp Director, Rates & Regulatory Strategy • FL EFFECTIVE: April -29x,2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 8 Attachment A Page 3 of 71 t DUKE SECTION NO. IX SECNDSHEET NO.9AO2 ENERGY.: CANOE SREVISED IRSTREVISEDSHHEETNO.9,402 TABLE OF CONTENTS i ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • Fl. EFFECTIVE: April 29. 2013 SHEET NO: Introduction & Parties' Recitals 9.404 1. Definitions 9.405 2. Facility; Renewable Facility or Qualifying Facility Status 9.414 3. Term of Contract 9.415 4. Minimum Specifications and Milestones 9.415 5. Conditions Precedent 9.416 6. Sale of Electricity by the RF/QF 9.417 7. Committed Capacity/Capacity Delivery Date 9.418 8. Testing Procedures 9.419 9. Payment for Electricity Produced by .the Facility 9.420 10, Electricity Production and Plant Maintenance Schedule 9.421 11. Completion/Perfortnance Security 9.423 12. Termination Fee 9.425 13, Performance Factor 9.426 14. Default 9.427 15. Rights in the Event of Default 9.428 16. Indemnification 9.428 ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • Fl. EFFECTIVE: April 29. 2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 9 Attachment A Page 4 of 71 DUKE SECTION NO. IX FOURTH REVISED SHEET NO.9.403 ENERGY,. CANCELS THIRD REVISED SHEET NO, 9-403 TABLE, OF CONTENTS 17 Insurance 9.429 18. Force Majeure 9.431 19, Representations, Warranties, and Covenants of RP/QF 9.433 20. General Provisions 9.435 Execution ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: July 10, 2014 9.441 03 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 10 DUKE ENERGY Attachment A Page 5 of 71 SECTION NO. IX FGWR;PH.FWTH REVISED SHEET NO. 9.404 CANCELST44IRD FOURTH REVISED SHEET NO. 9.404 STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY PRODUCER OR QUALIFYING FACILITY LESS THAN .I00 KW THIS STANDARD OFFER CONTRACT .FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY (hereinafter referred to as the "Contract1°) is made and entered this ` day of (hereinafter referred to as the "Execution Date'), by and between (hereinafter the Renewable Energy Provider/Qualifying Facility ("RF/QF"), and Duke Energy Florida. LLC*o; d/b/a Duke Energy (hereinafter "DEF"), a private utility corporation organized and existing under the laws of the State of Florida. The RF/QF and DEF shall be individually identified herein as the "Party' and collectively as the "Parties". This Contract contains six Appendices which are incorporated into and made part of this Contract: Appendix A: Monthly Capacity Payment Calculation; Appendix B: Termination Fee; Appendix C: Detailed Project 'Information; Appendix D: Rate Schedule COG -2; Appendix E: Agreed Upon Payment Schedules and Other Mutual Agreements; and Appendix F: Florida Public Service Commission ("FPSC") Rules 25-17.030 through 25- 17.310, F.A.C. WITNESSETH: WHEREAS, the RF/QF desires to sell, and DEF desires to purchase electricity to be generated by the RF/QF consistent with Florida Statutes 366.91 (2006) and FPSC Rules 25- 17.080 through 25-17.310 F.A.C.; and WHEREAS, the RF/QF will acquire an interconnection/transmission service agreement with the utility in whose service territory the Facility is to be located, pursuant to which the RF/QF assumes contractual responsibility to make any and all transmission -related arrangements (including ancillary services) between the RF/QF and the Transmission Provider for delivery of the Facility's firrn capacity and energy to DEP. The Parties recognize that the Transmission Provider may be DEF and that the transmission service will be provided under a separate agreement; and WHEREAS, the FPSC has approved this Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer; and WHEREAS, the RF/QF guarantees that the Facility is capable of delivering :fine capacity and energy to DEP for the term of this Contract in a manner consistent with the provision of this Contract; NOW, THEREFORE, for mutual consideration the Parties agree as follows: 1SSUED BY: Javier Portuondo, Managloolrector. Rates & Regulatory Strategy - FL EFFECTIVE: July Z W-7 WIN ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 11 Attachment A Page 6 of 71 (•� DUKE SECTION NO. IX SECOND REVISED SHEET NO, 9.405 C ENERGY, CANCELS FIRST REVISED SHEET NO. 9.405 1. Definitions 'AFR" means the Facility's annual fuel requirement. "AFTR" means the Facility's annual fuel transportation requirement "Annual Capacity Billing Factor' or "ACBE" means 12 month rolling average of the Monthly Availability Factor as further defined and explained in Appendix A. "Apperidices" shall mean the schedules, exhibits, and attachments which are appended hereto and are hereby incorporated by reference and made a part of this Contract. Such Appendices include: "Appendix A'' sets forth the Monthly Capacity Payment Calculation. "Appendix B" sets forth the Termination Fee. "Appendix C" sets forth the Detailed Project Information. "Appendix D" sets forth Rate Schedule COG -2. "Appendix E" sets forth the Agreed Upon Payment Schedules and Other Mutual Agreements "Appendix F" sets forth Florida Public Service Commission ("FPSC") Rules 25-17.080 through 25-17.310, F.A.C. "As -Available E=nergy Rate'' means the rate calculated by DEF in accordance with FPSC Rule 25-17.0825, F.A.C., and DEF's Rate Schedule COG -1, as they may each be amended from time to time "Authorization to Construct" means authorization issued by any appropriate Government Agency to construct or reconstruct the Facility granted to RF/QF in accordance with the laws of the State of Florida and any relevant federal law. "Avoided Unit" means the electrical generating unit described in Section 4 upon which this Contract is based. "Avoided Unit Encray Cost" has the meaning assigned to it in Appendix D. "Avoided Unit Fuel Cost" has the meaning assigned to it in Appendix D. "Avoided Unit Heat Rate" means the average annual heat rate of the Avoided Unit as defined in Section 4. "Avoided Unit In -Service Date" means the date upon which the Avoided Unit would have started commercial operation as specified in Section 4. "Avoided Unit Life" means the economic life of the Avoided Unit. "Avoided Unit Variable O&M" means the Avoided Unit variable operation and maintenance expenses as defined in Section 4. The annual escalation will begin in the payment for January deliveries. ISSUED BY: Javier Portuonoo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 0 1 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 12 Attachment A Page 7 of 71 ,� DUKE SECTION No. IX FIFTH REVISED SHEET NO. 4' ENERGY. CANCEL FOURTH REVISED SHEET NO. 9.406 "Base Capacity Payment" or''.BCP" means capacity payment rates defined in Appendix D and further defined by the selection of Option A,B,C or D in Section 9.2 or in Appendix E if applicable. "Base Year' means the year that this Contract was approved by the FPSC. "Business Day" means any day except a day upon which banks licensed to operate in the State of Florida are authorized, directed or permitted to close, Saturday, Sunday or a weekday that is observed as a public holiday in the State of Florida. "CAMD" means the Clean Air Markets Division of the Environmental Protection Agency or successor administrator (collectively with any local; state, regional; or federal entity given jurisdiction over a program involving transferability of Environmental Attributes). "Capacity' means the minimum average hourly net capacity (generator output minus auxiliary load) measured over the Committed Capacity Test Period. "Capacity Delivery Date" means lite first calendar day ilnntediately following the date of the Facility's successful completion of the first Committed Capacity Test. "Capacity Payment" means the payment defined in Section 9.2 and Appendix A. "Committed Capacitf or "CC" means the capacity in kW that the RF/QF commits to sell to DEF; the amount of which shall be determined in accordance with Section 7 and shall be greater than zero. "Committed Capacity Test" means the testing of the capacity of the Facility perfomud in accordance with the procedures set forth in Section 8. "Committed Capacitv Test Period" means a test period of twenty-four (24) consecutive hours. "Completed Permits Date" means the date by which the RF/QF must complete licensing and certification, and obtain all federal, state and local governmental, environmental, and licensing approvals required to initiate construction of the Facility including Qualifying Facility status. This date is specified in Section 4. "Completion/Performance Security" means the security described in Section 11. "Conditions Precedent" shall have the meaning assigned to it in Section 5. "Contract" means this standard offer contract for the purchase of Firm Capacity and Energy from a Renewable Energy_ Producer or Qualifying Facility with a nameplate capacity of less than 100 VIA'. "Credit Support Provider"' means any Person that has provided an RF/QF Guarantee in connection with this Agreement. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE. July 13, 2017 1--2— ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 13 Attachment A Page 8 of 71 DUKE SECTION No. IX 07 C /may/ FOURTH REVISED SHEET NO. 9.407 ENERGY. CANCELS THIRD REVISED SHEET NO, 9.407 "Creditworthy" with respect to a Party or its Credit Support Provider, as applicable, means a party is rated at least 131313 by Standard & Poor's (S&P), or at least Baa3 by Moody's Investor Services (Moody's). Rating shall be the unsecured, senior long-term debt rating (not supported by third party credit enhancement) or the issuer rating will be used if not available. If a Party or its Credit Support Provider, as applicable; is rated by both S&P and Moody's, then the lower of the taro ratings will apply. "DEF" has the meaning assigned to it in the opening paragraph of this Contract. "DEF Entities" has the meaning assigned to it in Section 16. "Demonstration Period" means a sixty -hour period in which the Committed Capacity Test must be completed. "Distribution System'' means the distribution system consisting of electric lines, electric plant, transformers and switchgear used for conveying electricity to ultimate consumers, but not including any part of the Transmission System. "Dispute" shall have the meaning assigned to it in Section 20.9. "Drop Dead Date" means the date which is twelve (12) months following the Execution Date except for the condition defined in Section 5(a)(i). The Parties recognize that firm transmission service,agreements can take up to 24 months to obtain so for Section 5(a)(i) only the Drop Dead Date means the date which is twenty four (24) months following the Execution Date. "Eastern Prevailing Time' or "EPT" means the time in effect in the Eastern Time Zone of the Unites States of America, whether Eastern Standard Time or Eastern Daylight Savings Time. "Effective Date" has the meaning assigned to it in Section 5. "Electrical Interconnection Point" means the physical point at which the Facility is connected with the Transmission System or, if RF/QF intercottnects with a Transmission System other than DEF's, DEF's interconnection with the Transmission Provider's Transmission System, or such other physical point on which RF/QF and DEF may agree. ISSUED BY: Javier Portuondo. Director, Rates & Regulatory Strategy • FL EFFECTIVE: June 9. 2016 1313 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 14 Attachment A Page 9 of 71 46) DUKE SECTION No. IX FIFTH REVISED SHEET NO. 9.408 ENERGY. CANCELS FOURTH REVISED SHEET NO. 9,406 "Eligible Collateral" means (i) a Letter of Credit from a Qualified Institution or (ii) cash deposit provided to DEF by RF/QF or a combination of (i), and/or (ii) as outlined in Section 11. "Energy" means megawatt -hours generated by the Facility of the character commonly known as three-phase, sixty hertz electric energy that is delivered at a nominal voltage at the Electrical Interconnection Point. "Environmental Attributes" or "EA" means all attributes of an environmental or other nature that are created or otherwise arise from the Facility's generation of electricity from a renewable energy source in contrast with the generation of electricity using nuclear or fossil fuels or other traditional resources. Forms of such attributes include, without limitation, any and all environmental air quality credits, green credits, renewable energy credits ("RE -10e), carbon credits, emissions reduction credits, certificates, tags, offsets, allowances, or similar products or rights, howsoever entitled, (i) resulting from the avoidance of the emission of any gas, chemical, or other substance, including but not limited to, mercury, nitrogen oxide, sulfur dioxide, carbon dioxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil gas, chemical, or other substance; and (ii) attributable to the generation, purchase, sale or use of Energy from or by the Facility, or otherwise attributable to the Facility during the Term. Environmental Attributes include, without limitation, those currently existing or arising during the Term under local, state, regional, federal, or international legislation or regulation relevant to the avoidance of any emission described in this Contract under any governmental, regulatory or voluntary program, including, but not limited to, the United Nations Framework Convention on Climate Change and related Kyoto Protocol or other programs, laws or regulations involving or administered by the Clean Air Markets Division of the Environmental Protection Agency ("CAMD") or successor administrator (collectively with any local, state, regional, or federal entity given jurisdiction over a program involving transferability of Environmental Attributes,). "Event of Default" has the meaning assigned to it in Section 14. "Execution Date" has the meaning assigned to it in the opening paragraph of this Contract "Exemplary EarlyCapacity Payment Date" means the exemplary date used to calculate Capacity Payments for Option B and D. This date is specified in Section 4. The actual Capacity Payments for Option B and D will be calculated based upon the Required Capacity Delivery Date. `'Expiration Date" means the final date upon which this Contract can be executed. This date is specified in Section 4. "Facility" means all equipment, as described in this Contract, used to produce electric energy and, and all equipment that is owned or controlled by the RF/QF required for parallel operation with the Transmission System. In the case of a cogenerator the*Facility includes all equipment that is of+ated or controlled by the RF/QF to produce useful thernial energy through the sequential use of energy. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy . FL EFFECTIVE: July 13, 2017 C31 y ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 15 DUKE ENERGY. Attachment A Page 10 of 71 SECTION No. Ix SECOND REVISED SHEET NO. 9.409 CANCELS FIRST REVISED SHEET NO. 9.409 "Financial Closim * means the fulfillment of each of the following conditions: (a) the execution and delivery of the Financing Documents; and (b) all Conditions Precedent to the initial availability for disbursement of funds under the Financing Documents (other than relating to the effectiveness of this Contract) are satisfied or waived. "Financing Documents" shall wean documentation with respect to any private equity investment in RF/QF, any loan agreements (including agreements for any subordinated debt), notes; bonds, indentures, guarantees; security agreements and hedging agreements relating to the financing or refinancing of the design, development, construction, Testing, Commissioning, operation and maintenance of the Facility or any guarantee by any Financing Party of the repayment of all or any portion of such financing or refinancing. "Financing Party" means the Persons (including any trustee or agent on behalf of such Persons) providing financing or refinancing to or on behalf of RF/QF for the design, development, construction, testing, commissioning, operation and maintenance of the Facility (whether limited recourse, or with or without recourse). "Firm Capacity and Energy" has the meaning assigned to it in Appendix D. "Firm Capacity Rate" has the meaning assigned to it in Appendix D. "Firm Enerev Rate" has the meaning assigned to it in Appendix D. "Force Majeure" has the meaning given to it in Section 18. "FPSC" means the Florida Public Service Commission or its successor. "Govermuent Agency=" means the United States of America, or any state or any other political subdivision thereof. including without limitation, any municipality, township or county, and any domestic entity exercising executive, legislative, judicial; regulatory or administrative functions of or pertaining to government, including, without limitation, any corporation or other entity owned or controlled by any of the foregoing. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: July 10, 2014 215 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 16 DUKE ENERGY, Attachment A Page 11 of 71 SECTION No. IX FOURTH REVISED SHEET NO. 9.410 CANCELS THIRD REVISED SHEET NO 9.410 "IEEE" means the Institute of Electrical and Electronics hngincers, 'Inc. "Indemnified Partv" has the meaning assigned to it in Section 16. "Indemnifyine Party' has the meaning assigned to it in Section 16. "Initial Reduction Value" has the meaning assigned to it in Appendix B. "Insurance Services Office" has the meaning assigned to it in Section 17. "KVA" means one or more kilovolts -amperes of electricity, as the context requires. "W''means one or more kilowatts of electricity, as the context requires. "kWh" means one or more kilowatt-hours of electricity, as the context requires. "Letter of Credit" means a stand-by letter of credit from a Qualified Institution that is acceptable to DEP whose approval may not be unreasonably withheld. The Letter of Credit must provide that DEF has the right to draw on the Letter of Credit in the event that less than twenty (20) Business Days remain until its expiration and RP/QF has failed to renew the Letter of Credit or provide replacement Eligible Collateral as required under this Agreement. "LOI" means a letter of intent for fuel supply. "MCPC" means the Monthly Capacity Payment for Option A. "Monthly Billing'Pcriod" means the period beginning on the first calendar day of each calendar month, except that the initial Monthly Billing Period shall consist of the period beginning 12:01 a.m., on the Capacity Delivery Date and ending with the last calendar day of such month. "Month ly.AvaiIability Factor" or "MAF" means the total energy received during the Monthly Billing Period for which the calculation is made, divided by the product of Committed Capacity and the total hours during the Monthly Billing Period. "Monthly Capacity Payment" or "MGP" means the payment for Capacity calculated in accordance with Appendix A. "MW" means one or more megawatts of electricity, as the context requires. "M Wh" means one or more.ntegawatt-]tours of electricity, as the context requires. ISSUED BY: Javier.Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: June 9, 2016 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 17 j.� DUKE ENERGY. Attachment A Page 12 of 71 SECTION No. IX SECOND REVISED SHEET NO, 9.411 CANCELS FIRST REVISED SHEET NO. 9.411 "Option A" means normal Capacity Payments as described in Appendix D. "Option 13" means early Capacity Payments as described in Appendix D. "Option C" means levelized Capacity Payments as described in Appendix D. "Option D" means early levelized Capacity Payments as described in Appendix D. "Party" or "Parties" has the meaning assigned to it in the opening paragraph of this Contract. "Person" means any individual, partnership, corporation, association, joint stock company trust, joint venture, unincorporated organization, or Governmental Agency (or any department, agency, or political subdivision thereof). "Proicct Consents" mean the following Consents, each of which is necessary to RF/QF for the fulfillment of RF/QF's obligations hereunder: (a) the Authorization to Construct, (b) planning permission and consents in respect of the Facility, and any electricity substation located at the Facility site, including but not limited to; a prevention of significant deterioration permit, a noise, proximity and visual impact permit, and any required zoning permit; and (c) any integrated pollution control license. "Proiect Contracts" means this Contract, and any other contract required to construct, operate and maintain the Facility. The Project Contracts may include, but are not limited to, the turnkey engineering, procurement and construction contract, the electrical interconnection and operating agreement, the fuel supply agreement, the facility site lease, and the operation and maintenance agreement. "Prudent Utilitv Practices" means any of the practices, methods, standards and acts (including, but not limited to, the practices, methods and acts engaged in or approved by a significant portion of owners and operators of power plants of technology, complexity and size similar to the Facility in the United Stales) that, at a particular time; in the exercise of reasonable judgment in light of the facts known or that should reasonably have been known at the time a decision was made, could have been expected to accomplish the desired result and goals (including such goals as efficiency, reliability, economy and profitability) in a manner consistent with applicable .facility design limits and equipment specifications and applicable laws and regulations. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be a spectrum of acceptable practices, methods or acts in each case taking into account the Facility as an independent power project. ISSUED BY; Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 21, 2015 I ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 18 Attachment A Page 13 of 71 DUKE SECTION No. IX FOURTH REVISED SHEET NO. 9.412 ENERGY, CANCELS THIRD REVISED SHEET N0.9.412 "Oualifving Facility" or "Q_F" means a cogenerator, small power producer, or non-utility generator that has been certified or self -certified by the FERC as meeting certain ownership, operating and efficiency criteria established by the Federal Energy Regulatory Commission pursuant to the Public Utility Regulatory Policies Act of 1978 ("PURPA"), the criteria for which are currently set forth in 18 C.F.R. § 292, et seq. (2006); Section 210 of PURPA, 16 U.S.C. § 824-3 (2005), 16 U.S.C. 796 et seg. (2006), and Section 1253 of EPAct 2005, Pub. L. No. 109-58, § 1253, 119 Stat. 594 (2005) or, alternatively, analogous provisions under the laws of the State of Florida. "Qualified Institution" means the domestic office of a United States commercial bank or trust company or the United States branch of a foreign bank having total assets of at least ten billion dollars ($10,000,000,000) (which is not an affiliate of either party) and a general long-term senior unsecured debt rating of A- or higher (as rated by Standard & Poor's Ratings Group), or A3 or higher (as rated by Moody's Investor Services). "Rate Schedule COG -1 ".means DEF's Agreement for Purchase of As -Available Energy and/or Parallel Operation with a Qualifying Facility as approved by the FPSC and as may be amended from time to time. "REC" means renewable energy credits, green tags, green tickets, renewable certificates, tradable renewable energy credits (" T-REC") or any tradable certificate that is produced by a renewable generator in addition to and in proportion to the production of electrical energy. "Reduction Value" has the meaning assigned to it in Appendix B. "Remedial Action Plan" has the meaning assigned to it in Section 20.3. -Renewable Facility" or "RF/OF' meats an electrical generating unit or group of units at a single site, interconnected for synchronous operation and delivery of electricity to an electric utility, where the primary energy in British Thermal Units used for the production of electricity is from one or more of the following sources: hydrogen produced from sources other than fossil fuels, biomass; solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power or waste heat from a commercial or industrial manufacturing process. "Required Capacitv Deliver Date'' ntcans the date specified in Appendix E. to the event that no Required Capacity Delivery Date is specified in Appendix E then the RF/QF shall achieve the Capacity Delivery Date on or before the Avoided Unit In -Service Date "RF/OF Entities" has the meaning assigned to it in Section 16, ISSUED BY: Javier Portuondo, Director, Rates B Regulatory Strategy -'FL EFFECTIVE: July 13, 2017 01S ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 19 4 DUKE ENERGY, Attachment A Page 14 of 71 SECTION No. IX THIRD REVISED SHEET NO. 9-413 CANCELS SECOND REVISED SHEET NO. 9.413 "RP/OF Insurance" has the meaning assigned to it in Section 17. "RF/OF Performance Security'' has the meaning assigned in Section 11. "Security Documentation" has the meaning assigned to it in Section 12. "Term" has the meaning assigned to it in Section 3. "Termination Date" means the date upon which this Contract terminates unless terminated earlier in accordance with the provisions hereof. This date is specified in Section 4. "Termination Fee" means the fee described in Appendix B as it applies to any Capacity Payments made under Option 13, C or D. "Termination Security" has the meaning assigned to it in Section 12. "Transmission Provider" means the operator(s) of the Transmission System(s) or any successor thereof or any other entity or entities authorized to transmit Energy on behalf of RF/QF from the Electrical Interconnection Point. "Transmission System" means the system of electric lines comprised wholly or substantially of high voltage lines. associated system protection. system stabilization, voltage transformation, and capacitance, reactance and other electric plant used for conveying electricity from a generating station to a substation, from one generating station to another, from one substation to another, or to or from any Electrical Interconnection Point or to ultimate consumers and shall include any interconnection owned by the Transmission Provider or DEF, but shall in no event include any lines which the Transmission Provider has specified to be part of the Distribution System except for any distribution facilities required to accept capacity and energy from the Facility. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy . FL EFFECTIVE: July 21. 2015 ra(9 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 20 Attachment A Page 15 of 71 j•� DUKE SECTION No. IX SECOND REVISED SHEET NO. 9.414 ENERGY. CANCELS FIRST REVISED SHEET NO, 9,414 2. Facility; Renewable Facility or Qualifying Facility Status The Facility's location and generation capabilities are as described in Table 1 below. TABLE I TECHNOLOGY AND GENERATOR CAPABILITIES Location: Specific legal description (e.g., metes and bounds or other legal description with street address required) City: County: Gencrator Type (Induction or Synchronous) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capability (kW) Net Output (kW) Power Factor (%) Operating Voltage (kV) Peak Internal Load kW The RF/QF's failure to complete Table l in its entirety shall render this Contract null and void and of no further effect. The RF/QF shall use the same .fuel or energy source and maintain the status as a Renewable Facility or a Qualifying Facility throughout the term of this Contract. RF/QF shall at all times keep DEF informed of any material changes in its business which affects its Renewable Facility or Qualifying Facility status. DEF and RF/QF shall have the right; upon reasonable notice of not less than seven (7) Business Days, to inspect the Facility and to examine any books, records, or other documents reasonably deemed necessary to verify compliance with this Contract. In the event of an emergency at or in proximity to the RF/QF site that impacts DEF's system, DEF shall make reasonable efforts to contact the Facility and make arrangements for an emergency inspection. On or before March 31 of each year during the term of this Contract, the RF/QF shall provide to DEF a certificate signed by an officer of the RF/QF certifying that the RF/QF continuously maintained its status as a Renewable Facility or a Qualifying Facility during the prior calendar year. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29.2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 21 DUKE 4 ENERGY, 3. Term of Contract Attachment A Page 16 of 71 SECTION No. EX 64.9VE_NT4TWELFTH REVISED SHEET NO. 9.415 CANCELS TZ"�.'—TH SEVENTH SHEET NO. 9,415 Except as otherwise provided herein, this Contract shall become effective immediately upon its execution by the Parties and shall end at 12:01 a.m, on the Termination Date, (the "Term-) unless terminated earlier in accordance with the provisions hereof. Notwith%andin.- the foregoing, if the Capacity Delivery ]date of the Facility is not accomplished by the RF/QF before the Required Capacity Delivery Date (or such later date as may be permitted by DEF pursuant to Section 7), this Contract shall be rendered null and void and DEF's shall have no obligations under this Contract. 4. Minimum Specifications and Milestones As required by FPSC Rule 25-17,0832(4)(e), the minimum specifications pertaining to this Contract and milestone dates are as follows: Avoided Unit Undesignated Combustion Turbine Avoided Unit Capacity 2268 MW Avoided Unit In-Scrvicc Date June 1, 20274 Avoided Unit Meat Rate 10.90564 BTU/kWh Avoided Unit Variable O&M 0.993-S10 per kWh in mid -201$7 dollars escalating annually at 2.50% Avoided Unit Life 35 years Capacity Payments begin Avoided Unit In -Service Date unless Option B. or D is selected or amended in Appendix E Termination Date May 31, 20374 (10 years) unless amended in Appendix E Minimum Performance Standards - On Peak Availability Factor's 95% Minimum Performance Standards - Off' Peak Availability Factor 95% Minimum Availability Factor Required to qualify for a Capacity a yment 75°% Expiration Date April 1, 20198 Completed Permits Date June I, 202 2 Exemplary Early Capacity Payment Date I January I, 20252 a RF/QF performance shall be as measured and/or described in Appendix A. ISSUED BY: Javier Portuondo, Managing Director, Rates 8 Regulatory Strategy • Ft EFFECTIVE: July-i3:2i173 z l 1 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 22 ,•� DUKE t ENERGY. Conditions Precedent Attachment A Page 17 of 71 SECTION No. IX SEVENTH REVISED SHEET NO. 9,416 CANCELS SIXTH REVISED SHEET NO. 9.416 (a) Unless otherwise waived in writing by DEF, on or before the Drop Dead Date, RF/QF shall satisfy the following Conditions Precedent: (i) RF/QF shall have obtained firm transmission service necessary to deliver Capacity and energy from the Facility to the Electrical Interconnection Point, in a form and substance satisfactory to RF/QF in its sole discretion; (ii) RF/QF shall have obtained the Project Consents and any other Consents for which it is responsible under the terms hereof in a form and substance satisfactory to RF/QF in its sole discretion; (iii) RF/QF shall have entered into Financing Documents relative to the construction of the Facility and have achieved Financial Closing in a form and substance satisfactory to RF/QF in its sole discretion; (iv) RF/QF shall have entered into the Project Contracts in a form and substance satisfactory to RF/QF in its sole discretion; (v) RF/QF shall have obtained insurance policies or coverage in compliance with Section 17; (vi) Each Party shall have delivered to the other Party (i) a copy of its constitutional documents (certified by its corporate secretary as true, complete and up-to-date) and (ii) a copy of a corporate resolution approving the terms of this Contract and the transactions contemplated hereby and authorizing one or more individuals to execute this Contract on its behalf (such copy to have been certified by its corporate representative as true, complete and up-to-date); (vii) RF/QF shall have obtained Qualifying Facility status from either the FPSC or FERC. The RF/QF shall provide the Duke Energy Florida Director of Qualified Facility Contracts a copy of the certification of QF status filing and any re -filings required to reflect subsequent changes to the previously certified Facility. (b) Promptly upon satisfaction of the Conditions Precedent to be satisfied, the Party having satisfied the same shall deliver to the other Party a certificate evidencing such satisfaction. DEF may waive the satisfaction of a Condition Precedent at its sole discretion. Such waiver must be made in writing. Subject to there being no Event of Default which has occurred and/or is continuing as of the date upon which the last of such certificates is delivered. the date of such last certificate shall constitute the effective date of this Contract (the "Effective Date"). (c) Unless all Conditions Precedent are satisfied on or before the Drop ,Dead Date or such Conditions Precedent are waived in writing , this Contract shall terminate on such date and neither Party shall have any further liability to the other Party hereunder. (d) RF/QF shall achieve the Capacity Delivery Date on or before the Required Capacity Delivery Date. ISSUED 6Y: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: July 13. 2017 �?I ZZ ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 23 DUKE �C ENERGY Attachment A Page 18 of 71 f� SECTION No. IX FOURTH REVISED SHEET NO.9.417 CANCELS THIRD REVISED SHEET NO. 9.417 (e) RF/QF shall ensure that before the initial Committed Capacity Test: (a) the Facility shall have been constructed so that the Committed Capacity Test may be duly and properly undertaken in accordance with Section 7; and (b) an operable physical connection from the Facility to the Transmission System shall have been effected in accordance with the electrical interconnection and operating agreement required by the Transmission Provider, provided, however, that such physical connection shall be made consistent with the terms hereof. 6. Sale of.Electricity by the RF/QF 6.1 Consistent with the terms hereof, the RF/QF shall sell to DEF and DEF shall purchase from the RF/QF electric power generated by the Facility. The purchase and sale of electricity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement; provided.. however, that no such arrangement shall cause the RF/QF to sell more than the Facility's net output. The billing methodology may be changed at the option of the RF/QF, subject to the provisions of Appendix D. 6.2 Ownership and Offering For Sale Of Renewable Energy Attributes Subject to Section 6.3. the RF/QF shall retain any and all rights to own and to sell any and all Environmental Attributes associated with the electric generation of the Facility. 6.3 In the event that the RF/QF decides to sell any or all EAs that result from the electric generation of the RF/QF during the tern of this Contract,. the RF/QF shall provide notice to the Company of its intent to sell such EAs and provide the Company a reasonable opportunity to offer to purchase such EAs, 6.4 The RF/QF shall not rely on interruptible or curtailable standby service for the start up requirements (initial or otherwise) of the Facility. 6.5 The RF/QF shall be responsible for the scheduling of required transmission and for all costs, expenses, taxes, fees and charges associated with the delivery of energy to DEF. The RF/QF shall enter into a transmission service agreement with the Transmission Provider in whose service territory the Facility is to be located and the RF/QF shall make any and all transmission -related arrangements (including interconnection and ancillary services) between the RF/QF and the Transmission Provider for delivery of the Facility's firm Capacity and energy to DEF. The Capacity and energy amounts paid to the RF/QF hereunder do not include transmission losses. The RF/QF shall be responsible for transmission losses that occur prior to the point at which the RF/QF's energy is delivered to DEF. The Parties recognize that the Transmission Provider may be DEF and that if DEF is the Transmission Provider, the transmission service will be provided under a separate agreement. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: July 13, 2017 G �� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 24 (� DUKE ENERGY, 7. Committed Capacity/capacity Delivery Date Attachment A Page 19 of 71 SECTION No. IX SIXTH REVISED SHEET NO. 9.418 CANCELS FIFTH REVISED SHEET NO, 9.418 7.1 If the :RF/QF commits to sell capacity to DEP, the amount of which shall be determined in accordance with this Section 7. Subject to Section 7.3. the Committed Capacity is set at M, with an expected Capacity Delivery Date on or before the Required Capacity Delivery Date. 7.2 Capacity testing of the Facility (each such test a Committed Capacity Test) shall be performed in accordance with the procedures set forth in Section 8. The Demonstration Period for the first Committed Capacity Test shall commence no earlier than ninety (90) days before the Required Capacity 'Delivery Date and testing must be completed before the Avoided Unit ]n -Service Date or an earlier date in Appendix E. The first Committed Capacity Test shall not be successfully completed unless the Facility demonstrates a Capacity of at least one hundred percent (100%) of the Committed Capacity set forth in Section 7.1. Subject to Section 8.1, the RF/QF may schedule and perform up to three (3) Committed Capacity Tests to satisfy the requirements of the Contract with respect to the first Committed Capacity Test. 7.3 In addition to the first Committed Capacity Test, DEF shall have the right to require the RF/QF, after notice of no less than ten (10) Business Days prior to such proposed event, to validate the Committed Capacity by means of a Committed Capacity Test at any time, up to two (2) times per year, the results of which shall be provided to DEF within seven (7) calendar days of the conclusion of such test. On and after the date of such requested Committed Capacity Test, and until the completion of a subsequent Committed Capacity Test, the Committed Capacity shall be set at the lower of the Capacity tested or tine Committed Capacity as set forth in Section 7.1. Provided however, any such second test requested within a twelve (12) month period must be for cause. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 fs ZL� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 25 (•� DUKE ENERGY. Attachment A Page 20 of 71 SECTION No. IX SEVENTH REVISED SHEET NO. 9.419 CANCELS SIXTH REVISED SHEET N0. 9.419 7.4 Notwithstanding anything contrary to the terms hereof. the Committed Capacity may not exceed the amount set forth in Section 7.1 without the consent of DEF, which consent shall be granted in DEF's sole discretion. 7.5 unless Option B or D as contained in Appendix D or Appendix E is chosen by RF/QF, DEF shall make no Capacity Payments to the RF/QF prior to the Avoided Unit In -Service Date. 7.6 The RF/QF- shall be entitled to receive Capacity Payments beginning on the Capacity Delivery Date, provided the Capacity Delivery Date occurs before the Required Capacity Delivery Date (or such later date permitted by DEF). if the Capacity Delivery Datc .does not occur before the Required Capacity Delivery Date, DEF shall immediately be entitled to draw doam the Completion/Performance Security in full. 8. Testing Procedures 8.1 The Committed Capacity Test must be completed successfully within the Demonstration Period; which period, including the approximate start time of the Committed Capacity Test, shall be selected and scheduled by the RF/QF by means of a written notice to DEF delivered at least thirty (30) calendar days prior to the start of such period. The provisions of the foregoing sentence shall not apply to any Committed Capacity Test ordered by DEF under any of the provisions of this Contract. DEF shalt have die right to be present onsite to monitor firsthand any Committed Capacity Test required or permitted under this Contract. 8.2 The Committed Capacity Test results shall be based on a test period of twenty- four (24) consecutive hours (the "Committed Capacity Test Period") at the highest sustained net kW rating at which the Facility call operate without exceeding the design operating conditions, temperature, pressures, and other parameters defined by the applicable manufacturer(s) for steady state operations at the Facility. The Committed Capacity Test Period shall commence at the time designated by the RF/QF pursuant to Section 8.1 or at such time requested by DEF pursuant to Section 7.3; provided, however, that the Committed Capacity Test Period may commence earlier than such time in the event that DEF is notified of. and consents to. such earlier time. 8.3 Normal station service use of unit auxiliaries, including, without limitation, cooling towers, heat exchangers, and other equipment required by law, shall be in service during the Committed Capacity Test Period. 8.4 The Capacity of the Facility shall be the minimum hourly net output in kW (generator output minus auxiliary) measured over the Committed Capacity Test Period. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 F6 2 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 26 �.? DUKE ENERGY. Attachment A Page 21 of 71 SECTION No. IX FIFTH REVISED SHEET NO, 9,420 CANCELS FOURTH REVISED SHEET NO. 9,420 8.5 The Committed Capacity Test shall be performed according to standard industry testing procedures for the appropriate technology of the RF/QF. 8.6 The results of any Committed Capacity Test, including all data related to Facility operation and performance during testing, shall be submitted to DEF by the RF/QF within seven (7) calendar days of the conclusion of the Committed Capacity Test, The RF/QF shall ccrtiN that all such data is accurate and complete. 9. Payment for Electricity :Produced by the Facility 9.1 Energy 9.1.1 DEF agrees to pay the RF/QF for energy produced by the Facility and delivered to DEF in accordance with the rates and procedures contained in Appendix D, as it may be amended from time to time. The Parties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule COG -1 or Appendix D whichever applies as approved and on file with the FPSC. 9.1.2 DEF may; at its option, limit deliveries under this Contract to 110% of the Committed Capacity as set forth in Section 7. In the event that DEF chooses to limit deliveries; any energy in excess of 110% of the Committed Capacity %will be paid for at the rates defined in Rate Schedule COG -1 and shall not be included in the calculations in Appendix A hereto. 9.2 Capacity DEF agrees to pay the Rl-/QF for the Capacity described in Section 7 in accordance with the rates and procedures contained in Appendix D, as it may be amended and approved from time to time by the FPSC, and pursuant to the election of Option of Appendix D or an alternative rate schedule in Appendix E. The RF/QF understands and agrees that Capacity Payments will only be made if the Capacity Delivery Date occurs before the Required Capacity Delivery Date and the Facility is delivering firm Capacity and Energy to DEF. Once so selected, this Option, the Firm Capacity Rate and/or the Firm Energy Rate cannot be changed for the term of this Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 6/ ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 27 Attachment A Page 22 of 71 4nDUKE SECTION No. IX FOURTH REVISED SHEET NO. 9.421 ENERGY. CANCELS THIRD REVISED SHEET NO. 9.421 9.3 Payments for Energy and Capacity 9.3.1 Payments clue the'RF/QF will be made monthly, and nonnally by the twentieth Business Day following the end of the -billing period. The kilowatt-hours sold by the RF/QF and the applicable avoided energy rate at which payments are being made shall accompany the payment to the RF/QF. 9.3.2 Payments to be made under this Contract shall, for a period of not longer than two (2) years, remain subject to adjustment based on billing adjustments due to error or omission by either Party, provided that such adjustments have been agreed to beriveen the Parties. 10. Electricity Production and Plant Maintenance Schedule 10.1 No later than sixty (60) calendar days prior to the Required Capacity Delivery Date, and prior to October I of each calendar year thereafter during the term of this Contract_ the RF/QF shall submit to DEF in writing a good -faith estimate of the amount of electricity to be generated by the Facility and delivered to DEP for each month of the following calendar year, including the time, duration and magnitude of any scheduled maintenance period(s) or reductions in Capacity. The RF/QF agrees to provide updates to its planned maintenance periods as they become known. The Parties agree to discuss coordinating scheduled maintenance schedules. 10.2 By October 31 of each calendar year, DEF shall notify the RF/QF in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If DEF does not accept any of the requested scheduled maintenance periods, DEP shall advise the RF/QF of the time period closest to the requested period(s) when the outage(s) can be scheduled. The RF/QF shall only schedule outages during periods approved by DEF, and such approval shall not be unreasonably withheld. once the schedule for the detailed plan has been established and approved, either Party requesting a subsequent change in such schedule, except when such change is due to Force Majeure, must obtain approval for such change from the other Party. Such approval shall not be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to twenty four days per calendar year. In no event shall maintenance .periods be scheduled during the following periods: June 1 through September 15 and December 1 through and including the last day of February. 10.3 The RF/QF shall comply with reasonable requests by DEF regarding day-to-day and hour -by -hour communication between the Parties relative to electricity production and maintenance scheduling. ISSUED 6Y: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 10.2014 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 28 (� DUKE ENERGY. Attachment A Page 23 of 71 SECTION No. IX FIFTH REVISED SHEET No. 9.422 CANCELS FOURTH REVISED SHEET NO. 9.422 10.4 The Parties recognize that the intent of the availability factor in Section 4 of this Contract includes an allowance for scheduled outages, forced outages and forced reductions in the output of the Facility. Therefore, the RF/QF shall provide DEF with notification of any forced outage or reduction in output which shall include the time and date at which the forced outage or reduction occurred, a brief description of the cause of the outage or reduction and the time and date when the forced outage or reduction ceased and the Facility was able to return to normal operation. This notice shall be provided to DEF within seventy-two (72) hours of the end of the forced outage or reduction. The RF/QF is required to provide the total electrical output to DEF except (i) during a period that was scheduled in Section 10.2, (ii) during a period in which notification of a forced outage or reduction was provided, (iii) during an event of Force Majeure or (iv) during a curtailment period as described in Section 10.5.5. In no event shall the RF/QF deliver any portion of their electrical output to a third party. 10.5 Dispatch and Control 10.5.1 Power supplied by the RF/QF hereunder shall be in the form of three- phase 60 hertz alternating current, at a nominal operating voltage of volts ( W) and power factor dispatchable and controllable in the range of 90% lagging to 90% leading as measured at the interconnection point to maintain system olicrating parameters, including power factor, as specified froth time to time by DEF. 10.5.2 The RF/QF shall operate the Facility with all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, DEF's system, except for normal testing and repair in accordance with good engineering and operating practices as agreed by the Parties. The RF/QF shall provide adequate system protection and control devices to ensure safe and protected operation of all energized equipment during normal testing and repair. AIl'PF/QF facilities shall meet IEEE and utility standards. The RF/QF shall have independent, third party qualified personnel test, calibrate and certify in writing all protective equipment at least once every twelve (12) months in accordance with good engineering and operating practices. A unit functional trip test shall be performed after each overhaul of the Facility's turbine, generator or boilers and results provided to DEF in writing prior to returning the equipment to service. The specifies of the unit functional trip test will be consistent with Prudent Utility Practices. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 21, 2015 Q) 2,`;6 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 29 �•a� DUKE ENERGY. Attachment A Page 24 of 71 SECTION No. IX SEVENTH REVISED SHEET NO. 9.423 CANCELS SIXTH REVISED SHEET NO. 9.423 10.5.3 If the Facility is separated from the DEF system for any reason, under no circumstances shall the RF/QF reconnect the Facility to DEF's system without first obtaining DEF'S specific approval. 10.5.4 During the terns of this Contract, the RF/QF shall employ qualified personnel for managing, operating and maintaining the Facility and for coordinating such with DEP. The RF/QF shall ensure that operating personnel are on duty at all times, twenty-four (24) hours a calendar day and seven (7) calendar days a week. Additionally, during the term of this Contract. the RF/QF shall operate and maintain the Facility in such a manner as to ensure compliance with its obligations hereunder and in accordance with applicable law and Prudent Utility Practices. 10.5.5 17EF shall not be obligated to purchase, and may require curtailed or reduced deliveries of energy to the extent allowed under FPSC Rule 25- 17.086 and under any curtailment plan which DEF may have on file with the FPSC from time to time. 10.5.6 During the term of this Contract, the RF/QF shall maintain sufficient fuel on the site of the Facility to deliver the capacity and energy associated with the Committed Capacity for an uninterrupted seventy -two -(72) hour period. At DEF's request, the RF/QF shall demonstrate this capability to DEF's reasonable satisfaction. During the term of this Contract, the RFIQF's output shall remain within a band of plus or minus ten percent (10%) of the daily output level or levels specified by the plant operator, in ninety percent (906/o) of all operating hours under normal operating conditions. This calculation will be adjusted to exclude forced outage periods and periods during which the RF/QF's output is affected by a Force Majeure event. 11. Completion/Performance Security 11.1 Simultaneous with the execution of this Contract RF/QF shall deliver to DEF Eligible Collateral in an amount equal to $30.00/kw of Committed Capacity as Completion/Performance Security. ISSUED BY. Javier Portuondo. Director. Rates & Regulatory Strategy - FL EFFECTIVE: July 10, 2014 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 30 DUKE C ENERGY. Attachment A Page 25 of 71 / SECTION No. IX EIGHTH REVISED SHEET NO. 9.424 CANCELS SEVENTH REVISED SHEET NO. 9,424 11.2 The choice of the type of Eligible Collateral by the RF/QF may be selected from time to time by the RF/QF and upon receipt of substitute Eligible Collateral, DEF shall promptly release the Eligible Collateral that has been replaced by the substitute Eligible Collateral. Following any termination of this Contract, tote Parties shall mutually agree to a final settlement of all obligations under this Contract which such period shall not exceed 90 days from such termination date unless extended by mutual agreement between the Parties. After such settlement, any remaining Eligible Collateral posted by the RF/QF that has not been drawn upon by DEF pursuant to its rights under this Contract shall be returned to the RF/QT. Any dispute between the Parties regarding such final settlement shall be resolved according to applicable procedures set forth in Section 20.9. 11.3 Draws, Replenishment - DEF may draw upon Eligible Collateral provided by the 1Z1 -'/QF following the occurrence of an Event of Default or pursuant to the other provisions of this Contract in order to recover any damages to which DEP is entitled to under this Contract. 1n the event of such a draw then, except in the circumstance when this Contract other%vise terminates, the RF/QF shall within five (5) Business Days replenish the Eligible Collateral to the ,full amounts required. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 C6 3 a ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 31 j•� DUKE ENERGY. Attachment A Page 26 of 71 SECTION No. IX SIXTH REVISED SHEET NO. 9.425 CANCELS FIFTH REVISED SHEET NO. 9,425 11.4 In the event that the (a) Capacity Delivery Date occurs before the Required Capacity Delivery Date and (b) the ACBF is equal to or greater than 95% for the first twelve (12) months following the Capacity Delivery Date then DEF will return the Completion/Performance Security to the RF/QF within ninety (90) days of the first anniversary of the Capacity Delivery Date. In the event that the Capacity Delivery Date does not occur before the Required Capacity Delivery Date then DEF shall immediately be entitled to draw down the Completion/Performance Security in full. In the event that the ACBF is less than 95% for any of the first twelve (12) months following the Capacity Delivery Date then DEF shall be entitled to draw upon the Completion/Security until the ACBF is equal to or greater than 95% for 12 consecutive months. Upon the completion of twelve (12) consecutive months with the ACBF greater than or equal to 95% then DEF will return the Completion/Performance Security within ninety (90) days. 11.5 Reporting - RF/QF shall promptly notify, DEF of any circumstance that results in RF/QF's failure to be in compliance with the RF/QF Performance Security Requirements of this Section 11. From time to time, at DEF's written request, RF/QF shall provide DEF with such evidence as DEF may reasonably request, that RF/QF .Letter of Credit or Security Account is in full compliance with this Contract. 12. Termination Fee and Security 12.1 in the event that the RF/QF receives Capacity Payments pursuant to Option B. Option C. or Option D of Appendix D or any Capacity Payment schedule in Appendix 'E that differs from a Normal Capacity Payment Rate as calculated in FPSC Rule 25-17.0832(6)(a), then upon the termination of this Contract: the RF/QF shall owe and be liable to DEF for the Termination Fee. The RF/QF's obligation to pay the Termination Fee shall survive the termination of this Contract. DEF shall provide the RF/QF, on a monthly basis, a calculation of the Termination Fee. 12.1.1 The Termination Fee shall be secured by the RF/QF by: (i) an unconditional, irrevocable_ standby letter(s) of credit issued by a Qualified Institution in form and substance acceptable to DEF (including provisions (a) permitting partial and full draws and (b) permitting DEF to draw upon such .Letter of Credit, in full, if such Letter of Credit is not renewed or replaced at least twenty (20) Business Days prior to its expiration date); (ii) a bond issued to DEF by a financially sound company in form and substance acceptable to DEF in its sole discretion; or (iii) a cash deposit with DEF (any of (i), (ii), or (iii), the "Termination Security"). ISSUED 9Y; Javier Portuondo, Director, Rates $ Regulatory Strategy - FL EFFECTIVE: July 13.2017 (63l ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 32 j DUKE ENERGY. Attachment A Page 27 of 71 SECTION No. IX THIRD REVISED SHEET NO. 9.426 CANCELS SECOND REVISED SHEET NO. 9.426 12.1.2 DEF shall have the right and the RF/QF shall be required to monitor the financial condition of (i) the issuer(s) in the case of any Letter of Credit and (ii) the insurer(s), in the case of any bond. In the event the senior debt rating of any issuer(s) or insurer(s) has deteriorated to the extent that they fail to meet the requirements of a Qualified Institution, DEF may require the RF/QF to replace the letter(s) of credit or the bond, as applicable. in the event that DEF notifies the RF/QF that it requires such a replacement, the replacement letter(s) of credit or bond, as applicable, must be issued by a Qualified Institution, and meet the requirements of Section 12.1.1 within thirty (30) calendar days following such notification. Failure by the RF/QF to comply with the requirements of this Section 12.1.2 shall be grounds for DEF to draw in full on any existing Letter of Credit or bond and to exercise any other remedies it may have hereunder. 12.1.3 After the close of each calendar quarter (March 3l, June 30, September 30, and December 31) occurring subsequent to the Capacity Delivery Date, upon DEF's issuance of the Tennination Fee calculation as described in Section 12.1, the RF/QF Hurst provide DEF, within ten calendar (10) days, written assurance and documentation (the "Security Documentation"), in form and substance acceptable to DEF, that the amount of the Termination Security is sufficient to cover the balance of the Tennination Fee through the end of the following quarter. In addition to the foregoing, at any time during the term of this Contract, DEF shall have the right to request and the RF/QF shall be obligated to deliver within five (S) calendar days of such request, such Security Documentation. Failure by the RF/QF to comply with the requirements of this Section 12.1.3 shall be grounds for DEF to draw in full on any existing Letter of Credit or bond or to retain any cash deposit, and to exercise any other remedies it may have hereunder. 12.1.4 Upon any termination of this Contract following the Required Capacity Delivery Date, DEF shall be entitled to receive (and in the case of the Letter(s) of Credit or bond, draw upon such Letter(s) of Credit or bond) and retain one hundred percent (100%) of the Termination Security. 13. Performance Factor DEF desires to provide an incentive to the RF/QF to operate the Facility during on -peak and off-peak periods in a manner that approximates the projected performance of the Avoided Unit. A formula to achieve this objective is attached as Appendix A. ISSUED 6Y: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: July 21, 2015 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 33 Attachment A Page 28 of 71 NO. 9.427 �4 DUKE SECTION No. IX 6 XT H REVISEDtli ENERGY. CANCELS FIIFTHSHEET REVISED SHEET NO. 9.427 14. Default Notwithstanding the occurrence of any Force Majeure as described in Section 18, each of the following shall constitute an Event of Default: (a) the RF/QF changes or modifies the Facility from that provided in Section 2 with respect to its type, location, technology or fuel source. without the prior written approval of DEF; (b) after the Capacity Delivery Date, the Facility fails for twelve (12) consecutive months to maintain an Annual Capacity .Billing Factor, as described in Appendix A, of at least seventy five percent (75%); (c) the RF/QF fails to satisfy its obligations to maintain sufficient fuel on the site of the Facility to deliver the capacity and energy associated with the Committed Capacity for an uninterrupted seventy -two -(72) hour period under Section 10.5.6 hereof- (d) ereof(d) the failure to make when due, any payment required pursuant to this Contract if such failure is not remedied within three (3) Business Days after written notice; (e) either Party, or the entity which owns or controls either Party, ceases the conduct of active business; or if proceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against either Party or the entity which mviis or controls either Party; or if a receiver shall be appointed for either Party or any of its assets or properties, or .for the entity which owns or controls either Party; or if any part of either Party's assets shall be attached, levied upon, encumbered, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within thirty (30) calendar days thereof; or if either Party shall make an assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they become due; (f) the RF/QF fails to give proper assurance of adequate performance as specified under this Contract within thirty (30) calendar days after DEI', with reasonable grounds for insecurity, has requested in writing such assurance; (g) the RF/QF fails to achieve licensing; certification, and all federal, state and local governmental: environmental, and licensing approvals required to initiate construction of the Facility by no later than the Completed Permits Date; (h) the RF/Ql- fails to comply with the provisions of Section 11 hereof; (i) any of the representations or warranties, including the certification of the completion of the Conditions Precedent, made by either Party in this Contract is false or misleading in any material respect as of the time made; ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: June 9. 2016 Z3� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 34 �•� DUKE ENERGY. Attachment A Page 29 of 71 SECTION No. IX FIFTH REVISED SHEET NO. 9.428 CANCELS FOURTH REVISED SHEET NO, 9.428 (j) if, at any time after the Capacity Delivery Date, the RF/QF reduces the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Conmiitted Capacity to the level set forth in Section 7.1 (as such level may be reduced by 'Section 7.3) within twelve (12) months following the occurrence of such event of Force Majeurc; or (k) either Party breaches any material provision of this Contract not specifically mentioned in this Section 14; (1) the RF/QF fails to maintain its status as a Qualifying Facility. (m) the RF/QF sells any energy or firm capacity to an entity other than DEP. 15. Rights in the Event of Default 15.1 Upon the occurrence of any of the Events of Default in Section 14, the DEF tnay, at its option: 15.1.1 immediately terminate this Contract, without penalty or further obligation, except as set forth in Section 15.2, by written notice to the RF/QF, and offset against any payment(s) due from DEF to the RF/QF, any monies otherwise due from the RF/QF to DEF; 15.1.2 enforce the provisions of the Completion/Perfurmance Security pursuant to Section 1 I and/or the Termination Security requirement pursuant to Section 12 hereof, as applicable; and 15.1.3 exercise any other remedy(ies) which may be available to DEF at law or in equity. 15.2 Termination shall not affect the liability of either Party for obligations arising prior to such termination or for damages, if any, resulting from any breach of this Contract. 16. Indemnification 16.1 DEF and the RF/QF shall each be responsible for its own facilities. DEI' and the RF/QF shall each be responsible for ensuring adequate safeguards for other DEF customers, DEF's and the RF/QF's personnel and equipment, and for the protection of its own_ generating system. Each Party (the "Indemnifying Party`') agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and hold harttless the other Party (the "Indemnified Party") and its officers, directors, employees. agents and contractors (hereinafter called respectively, "DEF Entities" and "RF/QF Entities") from and against any and all claims, demands, costs or expenses for loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) directly caused by, arising out of, or resulting from: ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE; July 13, 2017 3)� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 35 DUKE ENERGY Attachment A Page 30 of 71 SECTION No. IX SE 90NO-THIRD REVISED SHEET NO. 9.429 CANCELS SECOND F{RST-REVISED SHEET NO. 9.429 (a) a breach by the Indemnifying Party of its covenants, representations, and warranties or obligations hereunder; (b) any act or omission by the Indemnifying Party or its contractors, agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Party's system; (c) any defect in; failure of; or fault related to, the Indemnifying Party's generation system; (d) the negligence or willful misconduct.of the Indemnifying Party or its contractors, agents, servants or employees; or (e) any other event or act that is the result of, or proximately caused by, the Indemnifying Party or its contractors, agents, servants or employees related to the Contract or the Parties' performance thereunder. 16.2 Payment by an Indemnified Party to a third party shall not be a condition precedent to the obligations of the Indemnifying Party under Section 16. No Indemnified Party under Section 16 shall settle any claim for which it claims indemnification hereunder without first allowing the lndemnifying Party the right to defend such a claim. The Indemnifying Party shall have no obligations under Section 16 in the event of a breach of the foregoing sentence by the Indemnified Party. Section 16 shall survive termination of this Contract. 17. Insurance 17.1 The RF/QF shall procure or cause to be procured and shall maintain throughout the entire Term of this Contract, a policy or policies of liability insurance issued by an insurer acceptable in the state of Florida on a standard "Insurance Services Office" commercial general liability and/or excess liability form or equivalent and Workers' Compensation in accordance with the statutory requirements of the state of Florida (such policy or policies, collectively, the "RE/QF Insurance"). A certificate of insurance shall be delivered to DEF at least fifteen (15) calendar days prior to the start of any interconnection work. At a minimum, the RF/QF Insurance shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the tern of this Contract, and (b) premises and operations liability, (c) a broad form contractual liability endorsement covering liabilities (i) which might arise under, or in the performance or nonperformance of, this Contract or (ii) caused by operation of the Facility or any of the RF/QF's equipment_ Without limiting the foregoing, the RF/QF Insurance must be reasonably acceptable to DET. Any premium assessment or deductible shall be for the account of the RF/QF and not DEF. ISSUED BY: Javier Portuondo, Managing Director, Rates & Regulatory Strategy - FL EFFECTIVE; JAy4 -2&la 0 ) 5 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 36 DUKE ►C ENERGY. Attachment A Page 31 of 71 SECTION No.IX FOURTH REVISED SHEET NO, 9.430 CANCELS THIRD REVISED SHEET NO- 9.430 17.2 The RF/QF Insurance for liability shall have a minimum limit of five million dollars ($5.000,000.00) per occurrence for bodily injury (including death) or property damage. This liability limit can be met by any combination of commercial general and excess liability insurance policies. 17.3 To the extent that the RF/QF Insurance is on a " claims made " basis, the retroactive date of the policy(ies) shall be the Effective Date of this Contract or an earlier date. Furthermore, to the extent the RF/QF hrsurance is on a "claims made" basis, the RF/QF's duty to provide insurance coverage shall survive the termination of this Contract until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. To the extent the RF/QF Insurance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the RF/QF during the term of this Contract. 17.4 The RF/QF shall provide DEF with a copy of any material communication or notice related to the RF/QF Insurance within ten (10) Business Days of the RF/QF's receipt or issuance thereof. 17.5 DEF shall be designated as an additional named insured under the RF/QF Insurance (except Workers' Compensation). The RF/QF Insurance shall be primary to any coverage maintained by DEF and provide, where permitted by law, waiver of any rights of subrogation against DEF. Any deductibles or retentions shall be the sole responsibility of RF/QF. RF/QF's compliance with these provisions and the limits of insurance specified herein shall not constitute a 1urtitation of RF/QF's liability or otherwise affect RF/QF's indemnification obligations pursuant to this Contract. Any failure to comply with all of these provisions shall not be deemed a waiver of any rights of DEF under this Contractor with respect to any insurance coverage required hereunder. DEF may request the RF/QF to provide a copy of any or all of its required insurance policies, including endorsements in which DEP is included as an additional insured for any claims Fled relative to this Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: July 13, 2017 5 3L ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 37 Attachment A Page 32 of 71 �• DUKE SECTION No. IX THIRD-FOURTH REVISED SHEET NO. 9.431 ENERGY. CANCELS SHCONO-THIRD REVISED SHEET NO, 9.431 18. Force Majeure 18.1 "Force Mnieure" is defined as an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the Party claiming Force Majeure or its contractors or suppliers and adversely affects the performance by that Party of its obligations under or pursuant to this Contract. Such events or circumstances may include, but are not limited to, actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of trod, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes or difficulties (not caused by the failure of the affected party to comply with the terms of a collective bargaining agreement). Force Majeure shall not be based on (i) the loss of DEF's markets; (ii) DEF's economic inability to use or resell the Capacity and Energy purchased hereunder: or (iii) RF/QF's ability to sell the Capacity or Energy at a price greater than the price herein. Equipment breakdown or inability to use equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused by an event originating in the control of a Party, or a Party's failure to obtain on a timely basis and maintain a necessary permit or other regulatory approval, shall not be considered an event of Force Majeurc, unless such Party can reasonably demonstrate, to the reasonable satisfaction of the non -claiming Party, that the event was not reasonably foreseeable, was beyond the Party's reasonable control and was not caused by the negligence or lack of due diligence of the Party claiming Force Majeure or its agents, contractors or suppliers and adversely affects the performance by that Party of its obligations under or pursuant to this Contract. 18.2 Except as other+rise provided in this Contract, each Party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Force Majeure. 18.3 In the event of any delay or nonperformance resulting from an event of Force Majeure, the ]'arty claiming Force Majeure shall notify the other Party in writing within five (5) Business Days of the occurrence of the event of Force Majeure, of the nature. cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cure for the Force Majeure requires. A Party claiming Force Majeure shall not be entitled to any relief therefore unless and until conforming notice is provided. The Party claiming Force Majeure shall notify the other Party of the cessation of the event of Force Maieure or of the conclusion of the affected Party's cure for the event of Force Majeure in either case within two (2) Business Days thereof. ISSUED BY: Javier Portuondo, Manaoino Director, Rates $ Regulatory Strategy - FL EFFECTIVE: July-] D- U a 37 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 38 DUKE ENERGY. Attachment A Page 33 of 71 SECTION No. IX THIRD REVISED SHEET NO. 9.432 CANCELS SECOND REVISED SHEET NO. 9.432 18.4 The Party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing its performance of this Contract, provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected Party and such ,Party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such Party deems to be unfavorable. 18.5 If the RF/QF suffers an occurrence of an event of Force Majeure that reduces the generating capability of the Facility below the Committed Capacity, the RF/QF may. upon .notice to DEF temporarily adjust the Committed Capacity as provided in Sections 18.6 and 18.7. Such adjustment shall be effective the first calendar day immediately following DEF's receipt of the notice or such later date as may be specified by the RF/QF. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure. 18.6 If the Facility is rendered completely inoperative as a result of Force Majeure, the RF/QF shall temporarily set the Committed Capacity equal to 0 kW until such time as the Facility can partially or fully operate at the Committed Capacity that existed prior to the Force Majeure. If the Committed Capacity is 4 kW, DEP shall have no obligation to make Capacity Payments hereunder. 18.7 if, at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or Hilly operate, then the RF/QF shall temporarily set the Committed Capacity at the maximum capability that the Facility can reasonably be expected to operate. 18.8 Upon the cessation of the event of Force Majeure or the conclusion of the care for the event of Force Majeure, the Committed Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other provisions of this Contract, upon such cessation or cure, DEF shall have right to require a Committed Capacity Test to demonstrate the Facility's compliance with the requirements of this Section 18.8. Any such Committed Capacity Test required by DEF shall be additional to any Committed Capacity Test under Section 7.3. 18.9 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity under Section 18.5 all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the pay -for - performance provisions in Appendix A. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - Fl - EFFECTIVE: July 13, 2017 f331� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 39 Ci DUKE ENERGY. Attachment A Page 34 of 71 SECTION No. 1X SECOND REVISED SHEET NO. 9,433 CANCELS FIRST REVISED SHEET NO. 9.433 18.10 The RF/QF agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with 'DEF's system if the same is (arc) rendered inoperable due to actions of the RF/QF, its agents, or Force Majeure events affecting the RF/QF, the Facility or the interconnection with DEP. DEF agrees to reactivate, at its own cost, the interconnection with the Facility ill circumstances where any interruptions to such interconnections are caused by DEF or its agents. 19. Representations, Warranties, and Covenants of RF/QF Each Party hereto represents and warrants that as of the Effective Date.- 19.1 ate: 19.1 Organization, Standing and Qualification DEF is a corporation duly organized and validly existing in good standing under the laws of Florida and has all necessary power and authority to carry on its business as presently conducted to own or hold under lease its properties and to enter into and perform its obligations under this Contract and all other related documents and agreements to which it is or shall be a Party. The RF/QF is a (corporation, partnership, or other. as applicable) duly organized and validly existing in good standing under the laws of and has all necessary power and authority to carry on its business as presently conducted to own or hold under lease its properties and to enter into and perforin its obligations under this Contract and all other related documents and agreements to which it is or shall be a Party. Each Party is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it makes such qualification or licensing necessary and w=here the failure to be so qualified or licensed would impair its ability to perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on the other Party. 19.2 Due Authorization, No Approvals, No Defaults Each of the execution, delivery and performance by each Party of this Contract has been duly authorized by all necessary action on the part of such Party, does not require any approval, except as has been heretofore obtained, of the shareholders DEF or of the (shareholders, partners, or others, as applicable) of the RF/QF or any consent of or approval from any trustee, lessor or holder of any indebtedness or other obligation of such Party, except for such as have been duly obtained, and does not contravene or constitute a default under any law, the articles of incorporation of DEF or the (articles of incorporation; bylaws, or other as applicable) of such Party, or any agreement, judgment, injunction, order, decree or other instrument binding upon such Party, or subject the Facility or any component part thereof to any lien other than as contemplated or permitted by this Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 Q3i ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 40 DUKE C ENERGY, 19.3 Compliance with Laws Attachment A Page 35 of 71 j• SECTION No. IX SECOND REVISED SHEET N0.9.434 CANCELS FIRST REVISED SHEET NO. 9.434 Each party has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. Each party also is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material adverse effect on the other Party. 19.4 Governmental Approvals Except as expressly contemplated herein, neither the execution and delivery by each Party of this Contract, nor the consummation by each Party of any of the transaction contemplated thereby, requires the consent or approval of, the giving of notice to, the registration with, the recording or filing of any document with, or the taking of any other action with respect to governmental authority, except with respect to permits (a) which have already been obtained and are in full force and effect or (b) are not yet required (and with respect to which the FX -/QP has no reason to believe that the same will not be readily obtainable in the ordinary course of business upon due application therefore). 19.5 No Suits, Proceedings There are no actions, suits, proceedings or investigations pending or, to the knowledge of each Party, threatened against it at law or in equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result in any materially adverse effect on each Party's business; properties, or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligations under this Contract. Each Party has no knowledge of a violation or default with respect to any law which could result in any such materially adverse effect or impairment. 19.6 Environmental Matters To thc best of its knowledge after diligent inquiry, each Party knows of no (a) existing violations of any enviromnental laws at the Facility, including those governing hazardous materials or (b) pending, ongoing, or unresolved administrative or enforcement investigations, compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or other third parties alleging violations of any environmental law or permit which would materially and adversely affect the operation of the Facility as contemplated by this Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: Apd129.2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 41 DUKE ENERGY" 20. General Provisions 20.1 Project Viability Attachment A Page 36 of 71 SECTION No. IX FOURTH REVISED SHEET NO. 9.435 CANCELS THIRD REVISED SHEET NO. 9.435 To assist DEF in assessing the RF/QF's financial and technical viability, the RF/QF shall provide the information and documents requested in Appendix C or substantially similar documents, to the extent the documents apply to the type of Facility covered by this Contract and to the extent the documents are available. All documents to be considered by DEF must be submitted at the time this Contract is presented to DEF. Failure to provide the following such documents may result in a determination of non:viability by DEF. 20.2 Permits The RF/QF hereby agrees to obtain and maintain any and all permits, certifications, licenses; consents or approvals of any governmental authority which the RF/QF is required to obtain as a prerequisite to engaging in the activities specified in this Contract. 20.3 Project Management If requested by DEF, the RF/QF shall submit to DEF its integrated project schedule for DEF's review within sixty (60) calendar days from the execution of this Contract, and a start-up and test schedule for the Facility at least sixty (60) calendar days prior to start-up and testing of the Facility. These schedules shall identify key licensing, permitting, construction and operating milestone dates and activities. The RF/QF shall submit monthly progress reports .in a form satisfactory to DEF within fifteen (15) calendar days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date. The RF/QF shall notify DEF of any changes in such schedules within ten (10) calendar days after such changes are determined. If for any reason, DEP has reason to believe that RF/QF may fail to achieve the Capacity Delivery Date, then, upon DEF's request, RF/QF shall submit to DEF, within ten (10) business days of such request, a remedial action plan ("Remedial Action Plan') that sets forth a detailed description of RF/QF's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery of a Remedial Action Plan does not relieve RF/QF of its obligation to the Capacity Delivery Date. DEF shall have the right to monitor the construction, start-up and testing of the Facility, either on-site or off-site. DEF's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as any warranty as to the safety, durability or reliability of the Facility. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13. 2017 5 q,/ ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 42 Attachment A Page 37 of 71 f✓� DUKE SECTION No. IX THIRD-FOURTH REVISED SHEET NO. 9.436 ENERGY. CANCELS SECOND-THIRD REVISED SHEET NO. 9.436 The RF/QF shall provide .DEF with the final designer's/manufacturer's generator capability curves, protective relay types, proposed protective relay settings, main one -line diagrams, protective relay functional diagrams, and alternating current and direct elementary diagrams for review and inspection at DEF no later than one hundred eighty (1$0) calendar days prior to the initial synchronisation date. 20.4 Assignment Either Party may not assign this Contract, without the other Party's prior written approval, .which approval may not be unreasonably withheld or delayed. The RF/QF shall be responsible for DEF's reasonable costs and expenses associated with the review, negotiation, execution and delivery of any such documents or information pursuant to such collateral assignment, including reasonable attorney's fees. 20.5 Disclaimer In executing this Contract, DEF docs not, nor should it be construed, to extend its credit or financial support for benefit of any third parties lending money to or having other transactions with the RF/QF or any assigns of this Contract. 20.6 Notification All formal notices relating to this Contract shall be deemed duly given when delivered in person; or sent by registered or certified mail, or sent by fax if followed immediately with a copy sent by registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shall be sent until such time as either Party furnishes the other Party written instructions to contact another individual: For the RF/QF: For DEF: Duke Energy Florida. LLC Ge" eRefa' M i gffDirectnr of OF Contracts DEF 155 299 First Avenue North St. Petersburg, FL 33701 ISSUED BY; Javier Portuondo, M029LIng.Director, Rates & Regulatory Strategy - FL EFFECTIVE: Juiy43r2017 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 43 DUKE 1jENERGY. Attachment A Page 38 of 71 SECTION No. Ix SECOND-THIRD REVISED SHEET NO. 9.437 CANCELS FIRSTSECOND REVISED SHEET NO. 9.437 Contracts and related documents may be mailed to the address below or delivered during normal business hours (8:00 a.m, to 4:45 p.m.) to the visitors` entrance at the address below: Duke Energy Florida. LLC d/b/a Duke Energy 299 First Avenue North St. Petersburg, FL 33701 Attention: Director of OF Contracts GegDEF 155 20.7 Applicable Law This Contract shall be construed in accordance with and governed by the laws of the State of Florida, and the rights of the parties shall be construed in accordance with the laws of die State of Florida. 20.8 Taxation The RF/QF shall hold DEF and its general body of ratepayers harmless from the effects of any additional taxes, assessments or other impositions that arise as a result of the purchase of energy and capacity from the RF/QF in lieu of other energy and capacity. Any savings in regards to taxes or assessments shall be included in the avoided cost payments made to the RF/QF to the extent permitted by law. In the event DEF becomes liable for additional taxes, assessments or impositions arising out of its transactions with the RF/QF under this tariff schedule or any related interconnection agreement or due to changes in laws affecting DEF's purchases of energy and capacity from the RF/QF occurring after the execution of an agreement under this tariff schedule and for which DEF would not have been liable if it had produced the energy and/or constructed facilities sufficient to provide the capacity contemplated under such agreement itself. DEF may bill the RF/QF monthly for such additional expenses or may offset them against amounts due to the RF/QF from DEF. Any savings in taxes, assessments or impositions that accrue to DEF as a result of its purchase of energy and capacity under this tariff schedule that are not already reflected in the avoided energy or avoided capacity payments made to the RF/QF hereunder, shall be passed on to the RF/QF to the extent permitted by law without consequential penalty or loss of such benefit to DEF. ISSUED BY: Javier Portuondo, Managing Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: July-? 04 6 L�3 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 44 fenDUKE ENERGY. 20.9 Resolution of Disputes 20.9.1 Notice of Dispute Attachment A Page 39 of 71 SECTION No. IX THIRD REVISED SHEET NO. 9.438 CANCELS SECOND REVISED SHEET NO. 9.438 In the event that any dispute, controversy or claim arising out of or relating to this Contract or the breach, termination or validity thereof should arise between the Parties (a "Dispute).. the Party may declare a Dispute by delivering to the other Party a ~written notice identifying the disputed issue. 20.9.2 Resolution by Parties Upon receipt of a written notice claiming a Dispute, executives of both Parties shall meet at a mutually agreeable time and place within ten (10) business days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a Party shall have the right to designate as confidential any information that such Party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a Party in litigation against the other Party. 'if the matter has not been resolved within thirty (30) calendar days of the disputing Party's notice having been issued, or if the Parties fail to meet within ten (10) business days as required above, either Party may initiate binding arbitration in St. Petersburg, Florida, conducted in accordance with the then current American Arbitration Association's ("AAA") Large, Complex Commercial Rules or other mutually agreed upon procedures. 20.10 Limitation of Liability IN NO EVENT SHALL DEF, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES RESULTING FROM ANY CLAIM OR CAUSE OF ACTION, WHETHER BROUGHT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY. ISSUED BY: Javier Porluondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 45 Attachment A Page 40 of 71 (• DUKE SECTION No. IX THIRD REVISED SHEET NO. 9,439 ENERGY(. CANCELS SECOND REVISED SHEET N0.9.439 20.11 Severability If any part of this Contract, for any reason, is declared invalid or unenforceable by a public authority of appropriate jurisdiction, then such decision shall not affect the validity of the remainder of the Contract, which remainder shall remain in force and effect as if this Contract had been executed without the invalid or unenforceable portion. 20.12 Complete Agreement and Amendments All previous communications or agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract are hereby abrogated. No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and duly executed by both Parties. This Contract constitutes the entire agreement between the Parties. 20.13 Survival of Contract Subject to the requirements of Section 20.4, this Contract, as it may be amended from time to time, shall be binding upon, and inure to the benefit or. the Parties' respective successors -in -interest and legal representatives. 20.14 Record Retention Each Party shall maintain for a period of five (5) years from the date of termination hereof all records relating to the performance of its obligations hereunder. 20.15 No Waiver No waiver of any of the terms and conditions of this Contract shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the terms hereof shall be effective only in the specific instance and .for the specific purpose given. The failure of a Party to insist, in any instance, on the strict performance of any of the terms and conditions hereof shall not be construed as a waiver of such Party's right in the future to insist on such strict performance. 20.16 Set -Off DEF may at any time, but shall be under no obligation to; set off or recoup any and all sums due from the RF/QP against sums due to the RF/QF hereunder without undergoing any legal process: ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: July 13.2017 a 45 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 46 DUKE ENERGY, Attachment A Page 41 of 71 SECTION No, IX FIFTH REVISED SHEET NO. 9A40 CANCELS FOURTH REVISED SHEET NO. 9.440 20.17 Change in Environmental Law or Other Regulatory Requirements (a) As used herein, "Change(s) in Environmental Law or Other Regulatory Requirements" means the enactment, adoption; promulgation; implementation. or issuance of, or a new or changed interpretation of, any statute. rule, regulation. permit, license, judgment, order or approval by a governmental entity that specifically addresses environmental or regulatory issues and that takes effect after the Effective Date. (b) The Parties acknowledge that Change(s) in Environmental Law or Other Regulatory Requirements could significantly affect the cost of the Avoided Unit ("Avoided Unit Cost Changes") and agree that, if any such change(s) should affect the cost of the Avoided Unit more than the Threshold defined in Section 20.17(c) below, the Party affected by such change(s) may avail itself of the remedy set forth in Section 20.17(d) below as its sole and exclusive remedy. (c) The ;Parties recognize and agree that certain Change(s) in Environmental Law or Other Regulatory Requirements may occur that do not rise to a level that the Parties desire to impact this Contract. Accordingly. the Parties agree that for the purposes of this Contract, such change(s) will not be deemed to have occurred unless the change in Avoided Cost resulting from such change(s) exceed a mutually agreed upon amount. This mutually agreed upon amount is attached to this Contract in Appendix E. (d) If an Avoided Unit Cost Change meets the threshold set forth in Section 20.17(c) above, the affected Party may request the avoided cost payments under this Contract be recalculated and that the avoided cost payments for the remaining term of the Contract be adjusted based on the recalculation, subject to the approval of the FPSC. Any dispute regarding the application of this Section 20.17 shall be resolved in accordance with Section 20.9. 20.18 Provision of Information. Within a reasonable period of time after receiving a written request therefore from the requesting Party, the other Party hereto shall provide the requesting Party with information that is reasonable and related to the non -requesting Party and/or the facilities or operations of the non -requesting Party that the requesting Party reasonably requires in order to comply with a Requirement of Law or any requirement of Generally Accepted Accounting Principles promulgated by the Financial Accounting Standards Board (or any successor thereto), (including, but not limited to. FIN 46-R) applicable to the requesting Party. In the event that a patty requires information or reports that are not within its possession to meet financial reporting requirements, the parties will work in good faith to enable the requesting party to meet its financial reporting requirements. ISSUED BY: Javier Portuondo, Direetor, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 47 t t DUKE ENERGY. Attachment A Page 42 of 71 SECTION No. lx THIRD REVISED SHEET NO. 9,441 CANCELS SECOND REVISED SHEET NO. 9,441 IN WITNESS WHEREOF, the RF/Ql' has executed this Contract on the date set forth below. RF/QF Signature Print Name Title Date IN WITNESS WHEREOF, DEF has acknowledged receipt of this executed Contract. DUKE ENERGY FLORIDA, LLC. Signature Print Name Titic Date ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 a 41 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 48 Attachment A Page 43 of 71 DUKE SECTION No. IX SEVENTH -E GI HTH REVISED SHEET NO, 9.442 ENERGY. CANCELS SIXTH -SEVENTH REVISED SHEET NO. 9.442 APPENDIX A TO DUKE ENERGY FLORIDA, LLC RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT MONTHLY CAPACITY PAYMENT CALCULATION Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. A. In the event that the ACBF is less than or equal to 75%, then no Monthly Capacity Payment shall be due. That is: MCP=O B. In the event that the ACBF is greater than 75% but less than 95%, then the Monthly Capacity Payment shall be calculated by using the following formula: MCP = BCP x [1 - [5 x (.95 - ACBF)] x CC C. In the event that the ACEI' is equal to or greater than 95%. then the Monthly Capacity Payment shall be calculated by using the following formula: MCP = BCP x CC Where: MCI' = Monthly Capacity Payment in dollars. BCP = Base Capacity Payment in S/kW/Month as specified in Appendix D or E. CC = Committed Capacity in kW. ISSUED BY: Javier Portuondo,ana in Director, Rates E Regulatory Strategy - FL EFFECTIVE: June --%-2046 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 49 �•� DUKE ENERGY. Attachment A Page 44 of 71 SECTION No, IX SECOND REVISED SHEET N0.9.443 CANCELS FIRST REVISED SHEET NO. 9A43 ACBE = Annual Capacity Billing Factor. The ACBE shall be the electric energy actually received by DEF for the 12 consecutive months preceding the date of calculation excluding any energy received during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW, divided by the product of the Committed Capacity and the number of hours in the 12 consecutive months preceding the date of calculation excluding the hours during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 W. If an event of Force Majeurc occurs during the 12 consecutive months preceding the date of calculation in which the Committed Capacity is temporarily set to a value greater than 0 kW then the 12 month rolling average will be pro- rated accordingly. During the first 12 consecutive Monthly Billing Periods commencing with the first Monthly Billing Period in which Capacity Payments are to be made, the calculation of 12 -month rolling average ACBF shall be performed as follows (a) during the first Monthly Billing Period, the ACBF shall be equal to the Monthly Availability Factor, (b) thereafter, the calculation of the ACBF shall be computed by summing the electric energy actually received by DEF for the number of full consecutive months preceding the date of calculation excluding any energy received during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 kW, divided by the product of the Committed Capacity and the number of hours in the number of full consecutive months preceding the date of calculation excluding the hours during an event of Force Majeure in which the Committed Capacity is temporarily set equal to 0 W. If an event of Force Majeure occurs during the months preceding the date of calculation in which the Committed Capacity is temporarily set to a value greater than 0 kW then the 12 month rolling average will be pro- rated accordingly. This calculation shall be performed at the end of each Monthly Billing period until enough Monthly Billing Periods have elapsed to calculate n true 12 -month rolling average ACBF. MAF = Monthly Availability Factor. The total energy received during the Monthly Billing Period for which the calculation is made, divided by the product of Committed Capacity times the total hours during the Monthly Billing Period. Monthly = The period beginning on the first calendar day of each calendar Billing month, except that the initial Monthly Billing Period shall consist of Period the period beginning 12:01 a.m., on the Capacity Delivery Date and ending with the last calendar day of such month. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 Q �9 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 50 l DUKE ENERGY. Attachment A Page 45 of 71 SECTION No. IX TIHIRD-fafflTH REVISED SHEET 9.444 CANCELS SECOND-THIRD REVISED SHEET NO. 9.444 APPENDIX B TO DUKE ENERGY FLORIDA. LLC RENEWABLE OR QUALIFYING FACILITY LESS, THAN 100 KW STANDARD OFFER CONTRACT TERMINATION FEE Capitalised terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firin Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. The "Termination Fee" shall be the sum of the values for each month beginning with the month its which the Capacity Delivery Date occurs through the month of the Termination Date (or month of calculation; as the case may be) computed according to the following formula: where n } (MCPi— MCPCi) {1 +r)tn-it i=1 with: MCPC = 0 for all periods prior to the in-service date of the Avoided Unit: i = number of Monthly Billing Periods commencing with the Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs = 1: the month following this month in which Capacity Delivery Date occurs = 2 etc.) n = the number of Monthly Billing Periods which have elapsed from the month in which the Capacity Delivery Date occurs through the month of termination (or month of calculation_ as the case may he) r = DEF's incremental after-tax avoided cost of capital (defined as r in Appendix D). MCPi — Monthly Capacity Payment paid to RF/QFQF corresponding to the Monthly Billing Period i, calculated in accordance with Appendix A. MCPCi = Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period i, calculated in accordance with this Contract. ISSUED BY: Javier Portuondo, Managing Director, Rates & Regulatory Strategy - FL EFFECTIVE: Rpiii 29x2943 Qu o ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 51 DUKE ENERGY, Attachment A Page 46 of 71 SECTION No. IX SIXTH REVISED SHEET NO, 9.445 CANCELS FIFTH REVISED SHEET NO. 0,445 In the event that for any Monthly Billing Period; the computation of the value of the Termination Fee for such 'Monthly Billing Period (as set forth above) yields a value less than zero, the amount of the Termination 'Fee shall be decreased by the atnount of such value expressed as a positive number (the "Initial Reduction Value"); provided; however, that such Initial Reduction Value shall be subject to the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value"): a. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor, as defined in Appendix A is less than or equal to 75%, then the Initial Reduction Value shall be adjusted to equal zero (Reduction Value = 0), and the Termination Fee shall not be reduced for the applicable Monthly Billing Period. b. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor , as defined in Appendix A. is greater than 75% but less than 95%. than the Reduction Value shall be determined as follows: Reduction Value = Initial Reduction Value x [5 x (ACBF - .95)] For the applicable Monthly Billing period, the Termination Fee shall be reduced by the amount of such Reduction Value. C. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor, as defined in Appendix A, is equal to or greater than 95%, then the Initial Reduction Value shall not be adjusted (Reduction Value = Initial Reduction Value), and the Termination Fee shall be reduced for the applicable Monthly Billing period by the amount of the Initial Reduction Value. In no event shall DEF be liable to the RF/QF at any time for any amount by which the Termination Fee, adjusted in accordance with the foregoing, is less than zero (0). ISSUED nY: Javier Vortuondo, Director, Rates S Regulatory Strategy - FL EFFECTIVE: June 9, 2016 P) 31 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 52 Attachment A Page 47 of 71 jDUKE SECTION No. Ix FIRST-SECOND REVISED SHEET NO, 9.446 ENERGY. CANCELS ORIGINAL -FIRST SHEET NO. 9.446 APPENDIX C TO DUKE ENERGY FLORIDA, LLC RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT DE'T'AILED PROJECT INFORMATION Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of :firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 kW. Each eligible Contract received by DEI7 will be evaluated to determine if the underlying RF/QF project is financially and technically viable. The RF/QF shall, to the extent available, provide DEP with a detailed project proposal which addresses the information requested below: I. FACILITY DESCRIPTION • Project Name • Project Location * Street Address a Size Plot Plan • Legal Description of Site • Generating Technology • Primary Fuel • Alternate Fuel (if applicable) • Committed Capacity • Expected In -Service Date • Contact Person * Individual's Name.and Title * Company Name a Address * Telephone Number * Fax Number II. PROJECT PARTICIPANTS • Indicate the entities responsible for the following project management activities and provide a detailed description of the experience and capabilities of the entities: ISSUED BY: Javier Portuondo, Managing Director, Rates & Regulatory Strategy • FL EFFECTIVE: AQr11494M &5� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 53 (� DUKE ENERGY. # Project Development * Siting and Licensing the Facility Designing the Facility Constructing the Facility Securing the Fuel Supply * Operating the Facility Attachment A Page 48 of 71 SECTION No, IX FIRST REVISED SHEET NO. 9.447 CANCELS ORIGINAL SHEET NO. 9.447 • Provide details on all electrical facilities which are currently under construction or operational which were developed by the RF/QF. • Describe the financing structure for the projects identified above, including the type of financing used, the permanent financing term, the major lenders and the percentage of equity invested at Financial Closing. III. FUEL SUPPLY • Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physical and chemical characteristics of each fuel type (e.g. Btu content, sulfur content, ash content, etc.). Identify special considerations regarding fuel supply origin, source and handling, storage and processing requirements. • Provide AFR necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel supply arrangements in place to meet the APR, in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFR. Category Description of Fuel Supply Arrangcmcnt owned = fuel is from a frilly developed source owned by one or more of the project participants contract = fully executed firm fuel contract exists between the developers) and fuel supplier(s) LOI = a letter of intent for fuel supply exists between developer(s) and fuel supplier(s) SPP = small power production facility will burn biomass, waste, or another renewable resource spot = fuel supply will be purchased on the spot market none = no ftrnt fuel supply arrangement currently in place other = fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the 'facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract or LOI, provide documentation to support this category and explain the fuel price mechanism of the arrangement. In addition, indicate whether or not the fuel price includes deliver)• and, if so, to what location. ISSUED BY: Javier Portuondo. Director. Rates & Regulatory Strategy - FL EFFECTIVE: April29, 2013 X353 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 54, �• DUKE ENERGY, Attachment A Page 49 of 71 SECTION No. IX FIRST REVISED SHEET NO. 9.448 CANCELS ORIGINAL SHEET NO, 9.448 • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey, from fuel source to the Facility site. Discuss the current status .and pertinent factors impacting future availability of the transportation network. • Provide AI TR necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel transportation arrangements in place to meet the AFTR in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFTR. owned = fuel transport via a fully developed system owned by one or more of the project participants contract = fully executed firm transportation contract exists between the developer(s) and fuel transporter(s) LOI = a letter of intent for fuel transport exists between developer(s) and fuel transporter(s) spot = fuel transportation will be purchased on the spot market none = no firm fuel transportation arrangement currently in place other = fuel transportation arrangement which does not fit any of the above categories (please describe) • Provide the maximum, minimum and average fuel inventory levels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in detennining the inventory levels. • Provide information regarding RF/QF's plans to maintain sufficient on site fuel to deliver capacity and energy for an uninterrupted seventy-two (72) hour period. IV. PLANT DISPATCHABILITY/CONTROLLABILITY • Provide the .following operating characteristics and a detailed explanation supporting the performance capabilities indicated: Ramp Rate (MW/minute) Peak Capability (% above Committed Capacity) Minimum power level (% of Committed Capacity) * Facility Turnaround Time, ,Hot to Not (hours) Start-up Timc from Cold Shutdown (hours) • Unit Cycling (# cycles/yr.) • MW and MVAR Control (ACC, Manual, Other (please explain)) ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 BSS ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 55 44nDUKE ENERGY. V. SITING AND LICENSING Attachment A Page 50 of 71 SECTION No. IX FIRST REVISED SHEET NO. 9.449 CANCEL$ ORIGINAL SHEET NO. 9.449 • Provide a licensing/permiuing milestone schedule, which lists all permits, licenses and variances, required to site the Facility. The milestone schedule shall also identify key milestone dates for baseline monitoring, application preparation, agency review, certification and licensing/siting board approval, mid agency permit issuance. • Provide a licensing/permitting plan that addresses the issues of air emission, water use; wastewater discharge, wetlands, endangered species, protected properties, surrounding land use, zoning for the hacility, associated linear facilities and support of and opposition to the Facility. • List the emissionleffluent discharge limits the Facility will meet and describe in detail the pollution control equipment to be used to meet these limits. VI. FACILITY DEVELOPMENT AND PERFORMANCE • Submit a detailed engineering, procurement, construction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, engineering phases, selection of the major equipment vendors, architect engineer, and Facility operator, steam host integration and delivery of major equipment. A discussion of the current status of each milestone should also be included where applicable. • Attach a diagram of the power block arrangement. Provide a list of the major equipment vendors and the name and model number of the major equipment to be installed. + Provide a detailed description of the proposed environmental control technology for the Facility and describe the capabilities of the proposed technology. • Attach preliminary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. • State the expected heat rate (HHV) at 75 degrees Fahrenheit for loads of 100%, 75% and 50%. In addition, attach a preliminary heat balance for the Facility. VII. FINANCIAL • Provide DEF with assurances that the proposed RF/QF project is financially viable in accordance with FPSC Rule 25-17.0832(4)(c) by attaching a detailed pro -forma cash now analysis. The pro- fonna must include, at a minimum, the following assumptions for each year of the project. ISSUED BY: Javier Portuondo. Director. Rates & Regulatory Strategy • FL EFFECTIVE: April 29, 2013 655 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 56 (oj DUKE ENERGY. • Annual Project Revenues * Capacity Payments ($ and $/kW/Mo.) * Variable O&M ($ and $/MWIt) * Energy ($ and $/MWh) * Tipping Fees (S and $/ton) Interest Income * Other Revenues Variable O&M Escalation (%/yr.) * Energy Escalation (%/yr.) * Tipping Fee Escalation C/o/yr.) + Annual Project Expense Attachment A Page 51 of 71 SECTION No. IX FIRST REVISED SHEET NO. 9.450 CANCELS ORIGINAL SHEET NO. 9.450 * Fixed O&M ($ and $/kW/Mo.) * Variable O&M ($ and $/ kli) * Energy ($ and $/MWh) * Property Taxes ($) Insurance ($) * Emission Compliance ($ and $/MWh) * Depreciation ($ and °/a/yr.) * Other Expenses ($) * Fixed O&M Escalation (%/yr.) ' Variable O&M Escalation (%o/yr.) Energy Escalation (%/yr.) a Other Project Information * Installed Cost of the Facility ($ and $/kW) * Committed Capacity (kW) * Average Heat Rate - I•IFIV (MBTU/kWh) * Federal Income Tax Rate (%) * Facility Capacity Factor (%) * Energy Sold to DEF (MWh) a Permanent Financing Permanent Financing Term (yr.) Project Capital Structure (percentage of long-terni debt, subordinated debt, tax exempt debt and equity) * Financing Costs (cost of long-term debt, subordinated debt; tax exempt debt and equity) Annual Interest Expense Annual Debt Service ($) * Amortization Schedule (beginning balance, interest expense, principal reduction, ending balance) ISSUED 9Y: Javier Portuando, Director, Rates & Regulatory Strategy - FL EFFECTIVE: Apri129.2013 556 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 57 DUKE ENERGY. Attachment A Page 52 of 71 SECTION No. IX FIRST REVISED SHEET NO, 9.451 CANCELS ORIGINAL SHEET NO. 9.451 • Provide details of the financing plan for the project and indicate whether the project will be non-recourse project financed. If it will not be project financed please explain the alternative financing arrangement. • Submit fipancial statements for the last two years on the principals of the project, and provide an illustration of' the project ownership structure. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: Apd129, 2013 6 5� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 58 Attachment A Page 53 of 71 jDUKE^�/ SECTION No. IX FIRST-�jECONO REVISED SHEET NO. 9.452, ENERGY. CANCELS ©RJGINAt�EIRST SHEET NO, 9.452 APPENDIX D TO DUKE ENERGY FLORIDA. LLC RENEWABLE OR QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT RATE SCHEDULE COG -2 Capitalized terms not otherwise defined herein have the meaning ascribed to them in the Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Producer or a Qualifying Facility less than 100 M SCHEDULE COG -2, Firm Capacity and Energy from a Renewable Facility ("RF/QF") or a Qualifying Facility less than 100 M ("QF") AVAILABLE DEF will, under the provisions of this schedule and the Contract to which this Appendix is attached and incorporated into by reference, purchase firm capacity and energy offered by a RF/QF as defined in the contract. DEF's obligation to contract to purchase firm capacity from such RF/QF by means of this schedule and the Contract will continue no later than the Expiration Date. APPLICABLE To RF/QFs as defined in the Contract producing capacity and energy for sale to DEF on a firm basis pursuant to the terms and conditions of this schedule and the Contract. "Firm Capacity and Energy -.are described by FPSC Rule 25-17.0832, F.A.C., and are capacity and energy produced and sold by a RF/QF pursuant to the Contract provisions addressing (among other things) quantity, time and reliability of delivery. CHARACTER OF SERVICE, Purchases within the territory served by DEP shall be, at the option of DEF, single or three phase, 60 -hertz alternating current at any available standard DEF voltage. Purchases from outside the territory served by 'DEF shall be three phase, 60 -hertz alternating current at the voltage level available at the interchange point between DEF and the entry delivering the Finn Capacity and Energy from the RF/QF. ISSUED BY., Javier Portuondo, Managing Director, Rates & Regulatory Strategy - FL EFFECTIVE: ApIil-29; 2043 =#I ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 59 Attachment A Page 54 of 71 t� DUKE SECTION No. IX FIRST REVISED SHEET NO. 9,453 ENERGY. CANCELS ORIGINAL SHEET NO, 9.453 LIMITATION Purchases under this schedule are subject to FPSC Rules 25-17.080 through 25-17.310, F.A.C.. and are limited to those RF/QFs which: A. Are defined in the Contract: B. Execute a Contract; RATES FOR PURCHASES BY DEF Firm Capacity and Energy are purchased at unit cost, in dollars per kilowatt per month and cents per kilowatt-hour, respectively, based on the value of deferring additional capacity required by DEF. For the purpose of this schedule, an Avoided Unit has been designated by DEF. DEF's next Avoided Unit has been identified in Section 4 of the Contract. Schedule 1 to this Appendix describes the methodology used to calculate payment schedules; general terms, and conditions applicable to the Contract filed and approved pursuant to FPSC Rules 25-17.080 through 25- 17.310, F.A.G. A. Firm Capacity -Rates Four options, A through D, as set forth below, are available for payments of Finn capacity that is produced by a RF/QF and delivered to DEF. Once selected, an option shall remain in effect for the tern of the Contract. Exemplary payment schedules, shown below, contain the monthly rate per kilowatt of firm Capacity which the RF/QF has contractually committed to deliver to DEF and are based on a contract term which extends through the Termination Date in Section 4 of the Contract. Payment schedules for other contract terms will be made available to any RWQF upon request and may be calculated based on the ,methodologies described in Schedule 1. The currently approved parameters used to calculate the following schedule of payments are found in Schedule 2 to this Appendix. Option A - Fixed Value of Deferral Payments - Normal Capacity Payment schedules under this option are based on the value of a year -by -year deferral of DEF's Avoided 'Unit with an in-service date as of the Avoided Unit In -Service Date in Section 4 of the Contract, calculated in accordance with FPSC Rule 25-17.0832, F.A.C., as described in Schedule 1. Once this option is selected, .the current schedule of payments shall remain Fixed and in effect throughout the term of the Contract. The payment schedule for this option follows in Table 3. ISSUED V: Javier Portuordo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: April 29.2013 6s9 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 60 DUKE ENERGY. Attachment A Page 55 of 71 SECTION No. IX FIRST REVISED SHEET NO. 9A54 CANCELS ORIGINAL SHEET NO, 9.454 Option B - Fixed Value of Deferral Payments - Early Capacity Payment schedules under this option are based upon the early capital cost component of the value of a year -by -year deferral of the Avoided Unit. The term "early" with respect to Option B means that these payments can start ,prior to the anticipated in-service date of the Avoided Unit, provided, however, that under no circumstances may payments begin before this RF/QF is delivering Finn Capacity and Energy to DEF pursuant to the terms of the Contract. When this option is selected, the Capacity Payments shall be made monthly commencing no earlier than the Capacity Delivery Date of the RF/QF and calculated as shown on Schedule 1. Capacity Payments under Option B do not result in a prepayment or create a .future benefit. The RF/QF shall select the month and year in which the deliveries of firm capacity and energy to DEF are to commence and Capacity Payments are to start. DEF will provide the .RF/QF with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the tern of the Contract. The exemplary payment schedule in Table 3 is based on a contract term that begins on the Exemplary Early Capacity Payment Date in Section 4 of the Contract. Option C - Fixed Value of Deferral .Payment - Levelized Capacity Payment schedules under this option are based upon the Levelized capital cost component of the value of a year=by-year deferral of the Avoided Unit. The capital portion of Capacity Payments under this option shall consist of equal monthly payments over the term of the Contract. calculated as shown on Schedule 1. The fixed operation and maintenance portion of Capacity Payments shall be equal to the value of the year -by -year deferral of fixed operation and maintenance expense associated with the Avoided Unit. These calculations are shown in Schedule 1. The payment schedule for this option is contained in Table 3. Capacity Payments under Option C do not result in a prepayhment or create a future benefit. Option D - fixed Value of Deferral Payment - Early Levelized Capacity Payment schedules under this option are based upon the early levelized capital cost component of the value of a year -by -year deferral of the Avoided Unit. The capital portion of Capacity Payments under this option shall consist of equal monthly payments over the term of the Contract, calculated as shown on Schedule 1. The fixed operation and maintenance expense shall be calculated as shown in Schedule 1. The RF/QF shall select the month and year in which the deliveries of firm capacity and energy to DEP are to commence and Capacity 'Payments are to start. DEF will provide the RF/QF with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term of the Contract. The exemplary payment schedule in Table 3 is based on a contract tern that begins on the Exemplary Early Capacity Payment Date in Section 4 of the Contract. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: Apfll29.2013 M ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 61 DUKE I ENERGY. Attachment A Page 56 of 71 SECTION No, IX ELEVENTRT ELFTH REVISED SHEET NO. 9.455 CANCELS TENT74-ELEVENTH REVISED SHEET NO. 9.455 TABLE 3 EXAMPLE MONTHLY CAPACITY PAYMENT IN $/kW/MONTH DEPS June 1, 3-4224-2027 Undesignated CT Renewable or Qualifying Facility Standard Offer Contract Avoided Capacity Payments ($/kW/MONTH) 1. The Capacity Payment schedules contained in this Contract assume a term of ten years from the Avoided Unit In -Service Date. In the event the RF/QF requests a terns greater than ten years but less than the Avoided Unit Life then DEF shall prepare a schedule of Capacity Payments for the requested term. Such Capacity Payment rates shall be calculated utilizing the value -of -deferral inethodology described in FPSC Rule 25-17.0832(6). i ISSUED BY: Javier Portuondo, Managing Director, Rates & Regulatory Strategy - FL EFFECTIVE: July-4a-,� Option A Option B option C Option D Normal Early Levelized Early Levelized Capacity Capacity Capacity Capacity Contract Payment Starting Payment Starting Payment Starting Payment Starting Year on the Avoided on the on the Avoided on the Unit In -Service Exemplary Unit In -Service Exemplary ,Date Capacity Date Capacity Payment Date Payment Date 2024:I 20252- 3.724-316 4.194.W 20263 3.81343 4.203-88 20274 4.84447 3.913 -aa 5.374:84 4.2]3-84- 20285 4.96448 4.003:6? 5.384-$-S 4.21-3-.P- 213.8?20296 20296 5.09439 4.102.7-1 5.384796 4.22-3-.P- .22 &?20302-7 203024 5?24.44 4.213.8.1 5.394.8 4.233-8-3 203128 5.354:8-- 4.313.99 5.404-P 4.233 83 203229 5.484,94 4.424:90 5.414.88 4.241.84 203339 5.623:47 4.534:19 5.424,99 4.25385 2034_1 5.7634-4 T644-229 5.434619 4.263-." 20352 5.905-33 4:764-34 5.444.4 4.263-86 20363 6855:46 4.884-44. 5.454.92 4.273-P 20374 4.20539 5.00433 5.46479-3 4.282.88 1. The Capacity Payment schedules contained in this Contract assume a term of ten years from the Avoided Unit In -Service Date. In the event the RF/QF requests a terns greater than ten years but less than the Avoided Unit Life then DEF shall prepare a schedule of Capacity Payments for the requested term. Such Capacity Payment rates shall be calculated utilizing the value -of -deferral inethodology described in FPSC Rule 25-17.0832(6). i ISSUED BY: Javier Portuondo, Managing Director, Rates & Regulatory Strategy - FL EFFECTIVE: July-4a-,� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 62 �• DUKE ENERGY. Attachment A Page 57 of 71 SECTION No. IX SECOND REVISED SHEET NO. 9A56 CANCELS FIRST REVISED SHEET NO. 9.456 2. The RF/QF may also request an alternative Capacity Payment rate stream from DEF as authorized by Rule 25-17:250(4). Regardless of the Capacity Payment rate stream requested by the RF/QF, the cumulative present value of the capital cost payments made to the RF/QF over the term of the Contract shall not exceed the cumulative present value of the capital cost payments had such payments been made pursuant to FPSC Rule 25-17.0832(4)(g)(i). Fixed operation and maintenance expense shall be calculated to conform with FPSC Rule 25- 17.0832(6)(b). Such an alternative Capacity Payment rate shall be subject to the Termination Fee in Appendix B. In the event that alternative Capacity Payment rates are agreed upon, such Capacity Payment rate schedule shall be attached to the Contract in Appendix I-. B. Energy Rates Payments Prior to the Avoided Unit In -Service Date The energy rate; in cents per kilowatt-hour (¢/kWh), shall be based on DEI,'s actual hourly avoided energy costs which are calculated by DEF in accordance with FPSC Rule 25-17.0825. F.A.C. The calculation of payments to the RF/QF shall be based on the sum over all hours of the billing period, of the product of each hour's avoided energy cost times the amount of energy (kWh) delivered to DEF from the Facility for that hour. All purchases shall be adjusted for losses from the point of metering to the point of interconnection. 2. Upon request of the RF/QF, DEF shall provide the RF/QF the option of receiving energy payments based on DEF's year -by -year projection of system incremental costs prior to hourly economy energy sates to other utilities, based on normal weather and fuel conditions plus a mutually agreed upon market volatility risk premium. Payments Starting on Avoided Unit In -Service Date The calculation of payments to the RF/QF for energy delivered to DEF? on and after the Avoided Unit In -Service Date shall be the sum, over all hours of the Monthly Billing Period, of the product of (a) each hour's Firm Energy Rate (¢/kWh); and (b) the amount of energy (kWh) delivered to DEF from the Facility during that hour. ISSUED BY: Javier Portuondo, Director, Rates 8 Regulatory Strategy - FL EFFECTIVE; July 13.2017 v ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 63 j� DUKE ENERGY,, Attachment A Page 58 of 71 SECTION No. IX ELEVENTH REVISED SHEET NO, 0,457 CANCELS TENTH REVISED SHEET NO. 9.457 For any period during which energy is delivered by the RFIQF to DEF, the Firm Energy Rate in cents per kilowatt hour (0/kWh) shall be the following on an hour -by -hour basis: the lesser of (a) the As -Available Energy Rate and (b) the Avoided Unit Energy Cost. The Avoided Unit Energy Cost, in cents per kilowatt - hour (0/kWh) shall be defined as the product of (a) the Avoided Unit Fuel Cost and (b) the Avoided Unit Heat Rate; plus (c) the Avoided Unit Variable O&M. For the purposes of this agreement, the Avoided Unit Fucl Cost shall be determined from gas price published in Platts Inside FERC, Gas Market Report, first of the month posting .for Florida Gas Transmission (" FGT") Zone 3, plus other charges, surcharges and percentages that are in effect from time to time. The Parties may mutually agree to fix a minority portion of the base firm energy paymtents associated with the Avoided Unit and amortize that fixed portion, on a present value basis, over the term of the Contract. Such fixed firm energy payments may, at the option of the RF/QF, start as early as the Avoided Unit In -Service Date. For purposes of this paragraph, "base firm energy payments associated with the Avoided Unit" means the energy costs of the Avoided Unit to tine extent that the Avoided Unit would have been operated. if this option is mutually agreed upon, it will be attached to this Contract in Appendix E. ESTIMATED AS -AVAILABLE ENERGY COST As required in Section 25-17.0825, F.A.C., information relating to as -available energy cost projections will be provided within 30 days of a written request for such projections by any interested person. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13, 2017 G63 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 64 (• DUKE ENERGY. ESTIMATED UNIT FUEL COST Attachment A Page 59 of 71 SECTION No. IX EL EVENU"'ru TW FT REVISED SHEET NO. 9A58 CANCELS ELEVENTH T€#TkLSHEET NO.9A58 As required in Section 25-17.0832, F.A.C., the estimated fiiel costs associated with DEF's Avoided Unit are based on current estimates of the price of natural gas anis will be provided within 30 days of a written request for such projections by any interested person. DELIVERY VOLTAGE ADJUSTMENT DEF's average system line losses are analyzed annually for the prior calendar year, and delivery efficiencies are developed for the transmission, distribution primary, and distribution secondary voltage levels. This analysis is provided in the DEF's Procedures For Changing The Real Power Loss Factor (currently Attachment Q) in its Open Access Transmission Tariff and DEF's fuel cost recovery filing with the FPSC. An adjustment factor, calculated as the reciprocal of the appropriate delivery efficiency factor, is applicable to the above determined energy costs if the RF/QF is within DEF's service territory to reflect the delivery voltage level at which RF/QF energy is received by the DEF. The current delivery voltage adjustment factors are: Delivery Voltaee Adiustment Factor Transmission Voltage Delivery 1.015036 Primary Voltage Delivery 1.025436 Secondary Voltage Delivery 1.062762-1 Payments for firm Capacity are conditioned on the RF/QF's ability to maintain the following performance criteria: A. Capacity Delivery Date The Capacity Delivery Date shall be no later than the Required Capacity Delivery Date. B. Availability and Capacity Factor The Facility's availability and capacity factor are used in the determination of firm Capacity Payments through a performance based calculation as detailed in Appendix A to the Contract. ISSUED BY: Javier Portuondo, MIgggintl Director, Rates 8 Regulatory Strategy- FL EFFECTIVE:u� i 1w 13, 2917 Q 4'� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 65 DUKE ENERGY METERING REQUIREMENTS Attachment A Page 60 of 71 SECTION No. IX THIRD REVISED SHEET NO. S459 CANCELS SECOND REVISED SHEET NO. 9.469 The RF/QFs within the territory served by DEF shall be required to purchase from DEF hourly recording meters to measure their energy deliveries to DEF. Energy purchases from the RF/QFs outside the territory of DEF shall be measured as the quantities scheduled for interchange to DEF by the entity delivering Firm Capacity and Energy to DEF. BILLING OPTIONS A RF/QF, upon entering into this Contract for the sale of fine capacity and energy or prior to delivery of as -available energy, may elect to make either simultaneous purchases from and sales to DEF, or net sales to DEF; provided, however, that no such arrangement shall cause the RF/QF to sell more than the Facility's net output. A decision on billing methods may only be changed: 1) when a RF/QF selling as -available energy enters into this Contract for the sale of firm capacity and energy; 2) when a Contact expires or is lawfully terminated by either the RF/QF or DEF: 3) when the RF/QF is selling as -available energy and has not changed billing methods within the last twelve months; 4) when the election to change billing methods will not contravene the provisions of FPSC Rule 25-17.0832 or a contract between the RF/QF and DEF. If a RF/QF elects to change billing methods, such changes shall be subject to the following: t) upon at least thirty days advance written note to DEF; 2) the installation by DEF of any additional metering equipment reasonably required to effect the change in billing and upon payment by the RF/QF for such metering equipment and its installation; and 3) upon completion and approval by DEF of any alteration(s) to the interconnection reasonably required to effect the change in billing and upon payment by the RF/QF for such alteration(s). Payments due a RF/QF will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the RF/QF and the applicable avoided energy rates at which payment are being made shall accompany the payment to the RF/QF. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: July 13.2017 � �s ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 66 40� DUKE ENERGY. Attachment A Page 61 of 71 SECTION No, IX FOURTH REVISED SHEET NO. 9A60 CANCELS THIRD REVISED SHEET NO. 9A60 CHARGES TO RENEWABLE ENERGY PROVIDER The RF/QF shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Commission, including, but not limited to: A. Retail Service Charges The RF/QF shall be responsible for all FPSC approved charges for any retail service that may be provided by DEF. The RF/QF shall be billed at the customer charge rate stated in D):F's applicable standby tariff monthly for the costs of meter reading, billing, and other administrative costs. B. Interconnection Charges Applicable Interconnection Charges are included in the transmission arrangements entered into with the Transmission Provider. Notwithstanding the above, Interconnection Charges must be in accordance xvith the provisions of FPSC Rule 25-17.087. C. Transmission Charges Applicable Transmission Charges are included in the transmission arrangements entered into with the Transmission Provider. Notwithstanding the above, Transmission Charges must be in accordance with the provisions of FPSC Rule 25-17.087, ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - Ft. EFFECTIVE: Apti129.2013 1366 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 67 j DUKE ENERGY. Attachment A Page 62 of 71 SECTION No. IX FIRST REVISED SHEET NO. 9.461 CANCELS ORIGINAL SHEET NO, 9.461 TERMS OF SERVICE A. It shall be the RF/QF's responsibility to inform DEF of any change in its electric generation capability. B. Any electric service delivered by DEF to a RF/QF located in DEF's service area shall be subject to the following terms and conditions: (1) A RF/QF shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. (2) A security deposit will be required in accordance with FPSC Rules 25- 17.082(5) and 25-6.097, F.A.C., and the folloxving: (i) In the first year of operation, the security deposit should be based upon the singular month in which the RF/QF's projected purchases from DEF exceed, by the greatest amount, DEF's estimated purchases from the RF/QF. The security deposit should be equal to hvice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the RF/QP and DEF will be conducted to determine the actual month of maximum difference. The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the RF/QF exceed the actual sales in DEF in that month. (3) DEF shall specify the point of interconnection and voltage level. (4) The RF/QF must enter into an interconnection to DEF's system. Specific features of the RF/QF and its interconnection to DEF's facilities will be considered by DEF in preparing the interconnection agreement. Notwithstanding the above, interconnection with, and delivery into, tite Company's system must be accomplished in accordance with the provisions of FPSC Rule 25-17.087. C. Service under this rate schedule is subject to the rules and regulations of the FPSC. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29. 2013 D67 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 68 Attachment A Page 63 of 71 40DUKE SECTION No. IX ) FIRST REVISED SHEET NO. 9.462 ENERGY. CANCELS ORIGINAL SHEET NO. 9.462 SCHEDULEI TO RATE SCHEDULE COG -2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY This Schedule I provides a detailed description of the methodology used by DEF to calculate the monthly values of deferring or avoiding the Avoided Unit identified in the Contract. When used in conjunction with the current FPSC-approved cost parameters associated with the Avoided Unit contained in Schedule 2, a RF/QF may determine the applicable value of deferral capacity payment rate associated with the timing and operation of its particular facility should the RF/QF enter into a Contract with DEF. Also contained in this Schedule I is the discussion of the types and forms of surety bond requirements or equivalent assurance for payment of the Termination Fee acceptable to DEF in the event of contractual default by a RF/QF. CALCULATION OF VALUE OF DEFERRAL OPTION A FPSC Rule 25-17.0832(5) specifies that avoided capacity costs, in dollars per kilowatt per month, associated with capacity sold to a utility by a RF/QF pursuant to Contract shall be defined as the year-by-ycar value of deferral of the Avoided Unit. The year -by - year value of deferral shall be the difference in revenue requirements associated with deferring the Avoided Unit one year, and shall be calculated as follows: VAC,,, = 1/12 [KI„ (1 — R) / (1 — RL) + On] Where, for a one year deferral: VAC,, = Utility's monthly value of avoided capacity, in dollars per kilowatt per month, for each month of year n; K = present value of carrying charges for one dollar of investment over I, years with carrying charges computed using average annual rate base and assumed to be paid at the middle of each year and present valued to the middle of the first year; R = (1 +ip)/(l +r); I„ = total direct and indirect cost, in mid -year dollars per kilowatt including AFUDC but excluding CWIP, of the Avoided Unit with an in-service date of year n, including all identifiable and quantifiable costs relating to the construction for the Avoided Unit which would have been paid had the Avoided Unit been constructed; ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 ffl ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 69 Attachment A Page 64 of 71 DUKE SECTION No. IX FIRST REVISED SHEET NO. 9.463 fe*) ENERGY, CANCELS ORIGINAL SHEET NO. 9,463 O„ = total fixed operation and maintenance expense for the year n, in mid -year dollars per kilowatt per year, of the Avoided Unit; ip = annual escalation rate associated with the plant cost of the Avoided Unit; io = annual escalation Tate associated with the operation and maintenance expense of the Avoided Unit; r = annual discount rate, defined as the utility's incremental after-tax cost of capital; L = expected life of the Avoided Unit; and n = year for which the Avoided Unit is deferred starting with the Avoided Unit In -Service Date and ending with the Termination Date. CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY -OPTION B Under the fixed value of deferral Option A, payments for firm capacity shall not commence until the in-service date of the Avoided unit(s). At the option of the RF/QF, however, DEF may begin making payments for capacity consisting of the capital cost component of the value of a year -by -year deferral of the Avoided Unit prior to the anticipated in-service date of the Avoidcd Unit. When such payments for capacity are elected, the avoided capital cost component of Capacity Payments shall be paid monthly commencing no earlier than the Capacity Delivery Date of the RF/QF, and shall be calculated as follows: Ash = [AC (1 + i,)'m-" + Ao (1 + io) (m`1)] / 12 for in = 1 to t Where: Atli = monthly payments to be made to the RF/QF for each month of the contract year n, in dollars per kilowatt per month in which RF/QF delivers capacity pursuant to the early capacity option; ip = annual escalation rate associated with the plant cost of the Avoided Unit; is = annual escalation rate associated with the operation and maintenance expense of the Avoided Unit; ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: April 29, 2013 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 70 Attachment A Page 65 of 71 DUKE SECTION No. IX FIRST REVISED SHEET NO. 9.464 ENERGY. CANCELS ORIGINAL SHEET NO, 9.464 Where: Where: in = year for which the fixed value of deferral payments under the early capacity option are made to a RF/QF, starting in year one and ending in the year t; t = the Term, in years, of the Contract: Ac = F[(1—R)/(I—W)l F = the cumulative present value, in the year that the contractual payments will begin; of the avoided capital cost component of Capacity Payments which would have been made had Capacity Payments commenced with the Avoided Unit In -Service Date; R = (1 + ip)/(1 + r) r = annual discount rate: defined as DEF's incremental after- tax cost of capital; and Ao = G[(1—R)/(I-R`)l G — The cumulative present value, in the year that the contractual payments will begin, of the avoided fixed operation and maintenance expense component of Capacity Payments which would have been made had Capacity Payments commenced with the Avoided Unit In -Service Date. R = (I +io)/(I +r) The currently approved parameters applicable to the formulas above are found in Schedule 2. CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS - LEVELIZED AND EARLY LEVELIZED CAPACITY - OPTION C & OPTION D RESPECTIVELY Monthly fixed value of deferral payments for levelized and early ieveli9ed capacity shall be calculated as follows: ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29.2013 Q � 0 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 71 Attachment A Page 66 of 71 rDUKE SECTION No, IX ENERGY. FIRST REVISED SHEET NO. 9.465 E VERGY. CANCELS ORIGINAL SHEET NO. 9.465 Where: Pl,=(F/ 12) • [r/1— (I +r) -`]+O Pt. = the monthly levelized capacity payment, starting on or prior to the in-service date of DEF's Avoided 'Unit (s): F = the cumulative present value, in the year that the contractual payments will begin; of the avoided capital cost component of the Capacity Payments which would have been made had the Capacity Payments not been levelized; r = the annual discount rate, defined as DEF's incremental after-tax cost of capital; t = the Term, in years of the Contract 0 = the monthly fixed operation and maintenance component of the Capacity Payments, calculated in accordance with calculation of the fixed value of deferral payments for the levelized capacity or the early levelized capacity options. RISK -RELATED GUARANTEES With the exception of governmental solid waste facilities covered by FPSC Rule 25- 17.091, FPSC Rule 25-17.0832 (4)(e)10 requires that, when fixed value of deferral payments - early capacity, levelized capacity, or early levelized capacity are elected, the RF/QF must provide a surety bond or equivalent assurance of securing the payment of a Termination Fee in the event the RF/QF is unable to meet the terms and conditions of its Contract. Depending on the nature of the RF/QF's Operation, financial health and solvency, and its ability to meet the terms and conditions of the Contract, 'one of the following may constitute an equivalent assurance of payment: (1) Bond; (2) Cash deposit(s) with DEP; (3) Unconditional, irrevocable, direct pay Letter of Credit; (4) Unsecured promise by a municipal, county or state government to repay payments for early or levelized capacity in the event of default, in conjunction with a legally binding commitment from such government allowing the utility to levy a surcharge on either the electric bills of the government's electricity consuming facilities or the constituent electric customers of such government to assure that payments for early or levelized capacity are repaid; (5) Unsecured promise by a privately -owned RF/QF to repay payments for early or levelized capacity in the event of default, in conjunction with a legally binding commitment from the owner(s) of the RF/QF, parent company, and%or subsidiary companies located in Florida to assure that payments for early, levelized or early levelized capacity are repaid; or (6) Other guarantees acceptable to DEP, ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy - FL EFFECTIVE: April 29, 2013 0 � A ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 72 (� DUKE ENERGY. Attachment A Page 67 of 71 SECTION No. IX FIRST REVISED SHEET N0.9.466 CANCELS ORIGINAL SHEET NO. 6.466 DEF will cooperate with each RF/QF applying for fixed value of deferral payments under the early.. levelized or early levelized capacity options to determine the exact form of an "equivalent assurance" -for payment of the Termination Fee to be required based on the particular aspects of the RF/QF. DEF %will endeavor to accommodate an equivalent assurance of repayment which is in the best interests of both the RF/QF and DEF's ratepayers. ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy . FL EFFECTIVE: April 29, 2013 C3 7 Z ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 73 j• DUKE ENERGY Attachment A Page 68 of 71 SECTION No. IX €LEVB?444-TWELFTH REVISED SHEET NO. 9.467 CANCELS TENTH -ELEVENTH REVISED SHEET NO. 9.467 SCHEDULE2 TO RATE SCHEDULE COG-2CAPACITY OPTION PARAMETERS FIXED VALUE OF DEFERRAL PAYMENTS - NORMAL CAPACITY OPTION PARAMETERS Where, for one year deferral: Value VIC,,, = DEF's value of avoided capacity and O&M, in dollars per 4.94 kilowatt per month, during month in: K ( = present value of carrying charges for one dollar of investment 1.284 over L years with carrying charges computed using average annual rate base and assumed to be paid at the middle of each year and present valued to the middle of the first year; ]n I = total direct and indirect cost, in mid -year dollars per kilowatt 767.9502 including AFUDC but excluding CWIP, of the Avoided Unit %with an in-service date of year n; OJ = total fixed operation and maintenance expense, for the year n, in 3.85 mid -year dollars per kilowatt per year, of the Avoided Unit: ip — annual escalation rate associated with the plant cost of the 2.50% Avoided Unit, i" = annual escalation rate associated with the operation and 2.50% maintenance expense of the Avoided Unit; r I = annual discount rate, defined as DEF's incremental after-tax cost 7.1565% of capital; L = expected life of the Avoided Unit; 35 n I — year for which the Avoided Unit is deferred starting with the 20274 Avoided Unit In -Service Date and ending with the Tennination Date. ISSUED BY: Javier Portuondo, Manaaina Director, Rates & Regulatory Strategy • FL EFFECTIVE: July, F4i ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 74 ,4t5 DUKE ENERGY. Attachment A Page 69 of 71 SECTION No. IX ELEVENTH-?WELFTH REVISED SHEET NO. 9.468 CANCELS :FENP+ELEVENTH REVISED SHEET NO. 9.468 FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY OPTION PARAMETERS monthly avoided capital cost component of Capacity Payments to 3.47 4-3 be made to the RF/QF starting as early as two years prior to the Avoided Unit In -Service Date, in dollars per kilowatt per month; ip = annual escalation rate associated with the plant cost of the 2.50% Avoided Unit; n = year for which early Capacity '.Payments to a RP/QF are to 20252 begin; F = the cumulative present value of the avoided capital cost 259.4276,35, 8 component of Capacity Payments which would have been made had Capacity Payments commenced with the anticipated in- service date of the Avoided Unit and continued for a period of 10 years; r — annual discount rate, defined as DEF's incremental after-tax 2' 15(x% cost of capital; t — the Term, in years, of the Contract for the purchase of firm 13 capacity commencing prior to the in-service date of the Avoided Unit; G — the cumulative present value of the avoided fixed operation and 418.40 maintenance expense component of Capacity Payments which would have been made had Capacity Payments commenced with the anticipated in-service date of the Avoided Unit and continued until the Termination Date. ISSUED BY: Javier Portuondo, Mortaging Director, Rates & Regulatory Strategy - Fl. EFFECTIVE: July43r204.7 ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 75 Attachment A Page 70 of 71 DUKE SECTION No. IX FIRST-SECOND REVISED SHEET NO. 9,470 J ENERGY. CANCELS 9RIGINAL- IR T SHEET NO, 9.470 APPENDIX E TO DUKE ENERGY FLORIDA, LLC RENEWABLE OR.QUALIFYING FACILITY LESS THAN 100 KW STANDARD OFFER CONTRACT AGREED UPON PAYMENT SCHEDULES AND OTHER MUTUAL AGREEMENTS ISSUED BY: Javier Portuondo,' ana� ing Director, Rates 8 Regulatory Strategy - FL EFFECTIVE: ApriQG-2043 D ? 1� ORDER NO. PSC -2018 -0314 -PAA -EQ DOCKET NO. 20180073 -EQ PAGE 76 Attachment A Page 71 of 71 tn DUKE SECTION No. IX FIRST REVISED SHEET NO. 9.475 ENERGY. CANCELS ORIGINAL SHEET NO, 9.475 APPENDIX F FPSC RULES 25-17.080 THROUGH 25-17.310 ARE PROVIDED IN SECTION VIII ON THIS TARIFF BOOK ISSUED BY: Javier Portuondo, Director, Rates & Regulatory Strategy • FL EFFECTIVE: April29, 2013 D-1 6 FILED 6/18/2018 DOCUMENT NO. 04261-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Fuel and purchased power cost recovery DOCKET NO. 20180001 -EI clause with generating performance incentive ORDER NO. PSC -2018 -0313 -PCO -EI factor. I ISSUED: June 18, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING MID -COURSE CORRECTION BY THE COMMISSION: On April 16, 2018, Florida Power & Light Company (FPL) filed a Petition for Mid - Course Corrections to its 2018 Capacity and Environmental Cost Recovery Factors that reflect the impact of the Tax Cuts and Jobs Act of 2017 (FPL Mid -Course Petition). The FPL Mid - Course Petition seeks to reduce the respective 2018 capacity cost recovery factors that were approved in Order No. PSC-2018-0105-PCO-EI,1 and the environmental cost recovery factors that were approved in Order No. PSC-2018-0100-FOF-EI.2 The capacity cost recovery portion of FPL's Mid -Course Petition will be addressed in Docket No. 20180001 -EI, and environmental cost recovery clause reduction will be addressed in Docket No. 20180007 -EI. Mid -course corrections are part of the fuel and purchased power cost recovery clause (fuel clause) proceeding, and such corrections are used by this Commission between fuel clause hearings whenever costs deviate from revenues by a significant margin. Petitions for mid -course corrections to fuel factors are addressed in Rule 25-6.0424, Florida Administrative Code (F.A.C.). Under this rule, a utility must notify this Commission whenever it expects to experience an under -recovery or over -recovery greater than 10 percent. Pursuant to Rule 25- 6.0424, F.A.C., the mid -course percentage is the estimated end -of -period total net true -up amount divided by the current period's total actual and estimated jurisdictional fuel revenue applicable to period amount. 'By Order No. PSC -2018 -0105 -PCO -EI, issued February 26, 2018, in Docket No. 20180001 -EI (First Mid -Course Order), In re: Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor, this Commission approved a prior mid -course correction from FPL. The instant pleading is the second petition for a mid- course correction FPL has filed in this docket in 2018. 2Order No. PSC-2018-0100-FOF-EI, issued February 22, 2018, in Docket No. 20180007 -EI, In re: Environmental Cost Recovery Clause. C1 ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -EI PAGE 2 Mid -course corrections are considered preliminary procedural decisions, and any over - recoveries or under -recoveries caused by or resulting from the Commission -approved adjusted fuel or capacity factors may be included in the following year's fuel or capacity factors. Our jurisdiction to consider fuel clause proceedings derives from our authority to set fair, just and reasonable rates, found in Section 366.05, Florida Statutes. The Tax Cut and Jobs Act of 2017 was signed into law on December 22, 2017, about 4 months after FPL filed its projection testimony and cost recovery schedules for 2018. FPL's Mid -Course Petition is the second similar filing made in this docket in 2018, the first occurring when the impact of the St. Johns River Power Park Transaction was addressed in the First Mid - Course Order.3 As noted in the instant petition, this proposed correction is primarily applicable to capacity and environmental cost recovery factors, and only minimally applicable to the Conservation Cost Recovery Clause.4 In addition to filing its Mid -Course Petition in Docket No. 20180001 -EI (the Fuel and Capacity Cost Recovery Clause docket), FPL filed it in Docket Nos. 20180007 -EI (the Environmental Cost Recovery Clause), and in 20180046 -EI (Consideration of the tax impacts associated with Tax Cuts and Jobs Act of 2017 for Florida Power & Light Company). Midcourse Adjustment for Capacity Cost Recovery (CCR) Factors FPL's currently authorized 2018 fuel and capacity amounts and factors are codified in the First Mid -Course Order, which projected total capacity costs of $282,109,414 for 2018. Because this projection of total capacity -related costs was developed before the Tax Cuts and Jobs Act of 2017 lowered the federal income tax rate for corporations from 35 percent to 21 percent, many of the costs embedded in that total are now overstated. Federal income tax rate amounts are included in the calculation of the capacity costs that have a capital component, such as the Cedar Bay, Indiantown, and St. John River Power Park Transactions, or the capital -related costs for Incremental Power Plant Security, as shown in Schedule E12A/B of FPL's Mid -Course Petition. When the lower federal income tax amount is incorporated into the projected costs, the revised total capacity costs for 2018 are $261,614,030. When the true -up provision amounts are applied and final calculations are performed, the total end -of -period balance reflects that FPL would over -recover its capacity costs for 2018 by $12,071,089, or 4.61 percent. If FPL's Mid -Course Petition is granted, this amount would be recovered through reduced capacity cost recovery factors for July—December 2018. For a residential customer using 1,000 kilowatt hours (kWh) of electricity, the capacity portion of their bill will be reduced by $0.23. The revised capacity cost recovery factors are reflected on Attachment A. The FPL Mid -Course Petition also seeks to reduce the respective 2018 environmental cost recovery factors, as addressed in a recommendation filed in Docket No. 20180007 -EI. A typical bill comparison for a residential customer using 1,000 kWh of electricity is presented in 3Order No. PSC -2018 -0105 -PCO -EI, issued February 26, 2018, in Docket No. 20180001 -EI, In re: Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor. 4 I its Mid -Course Petition, FPL stated that the Conservation Cost Recovery Clause adjustment attributable to the Tax Cut and Jobs Act of 2017 was too small to warrant a mid -course correction; instead, the Company believes the adjustment can be recovered in the ordinary true -up process for that clause. ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -El PAGE 3 Attachment C showing all of the changes that would be implemented in the July billing cycle, should these adjustments be approved. Bill Impact and Customer Notifications Consistent with the First Mid -Course Order, the current bill for a residential customer using 1,000 kWh of electricity for the period March -December, 2018, is $99.37 per month, with a capacity cost recovery component of $2.57 per months As proposed, the capacity cost recovery component will be reduced by $0.23 per month, to $2.34 per month. In addition, an environmental cost recovery clause reduction of $0.36 per month is being addressed in Docket No. 20180007 -EI, and a small change is proposed for the storm bond charge.6 The sum of those three changes results in a slight reduction to the Gross Receipts Tax, as well. Should we approve the petition in both this docket and Docket No. 20180007 -EI, the proposed bill for a residential customer using 1,000 kWh of electricity for July -August, 2018, is projected to be $98.87 per month, as shown and presented in Column 3 from Table 1 of Attachment C. We find that implementing reduced capacity cost recovery factors is in the best interests of FPL's customers because the factors would be decreasing, and customers would receive the benefit of reduced rates as quickly as administratively possible. In its April 30 2018, response to Commission staff's Second Data Request, Question No. 5, FPL stated that it will notify customers with bill inserts 30 days in advance of the rates taking effect. In addition, FPL stated the billing changes identified in the instant petition will be addressed in the Company's next quarterly newsletter (to be published in July 2018). FPL's website will also include links to show the proposed rate schedules for residential and business rate classes that are proposed to become effective July 1, 2018. Physical restrictions on bill inserts limit the amount of detail that can be included in such notifications, but FPL's customers can access detailed billing information from links on the Company's website.? 5These amounts do not reflect any storm -related charges attributable to named storms that impacted FPL's service territory in the 2017 hurricane season, nor do they reflect a true -up adjustment to the storm restoration surcharge FPL addressed in its May 30, 2018, response to Commission staff's Second Data Request, Question No. 7. In addition, these amounts do not reflect any changes that may be approved by this Commission in other docketed matters. 6The storm bond charge will become effective on June 1, 2018, whereas the clause -adjustment changes are scheduled to become effective July 1, 2018. In its May 30 2018, response to Commission staff's Second Data Request, Question No. 7, FPL stated that it included the billing change for storm bond charge in Schedule E-10 for informational purposes only, in order to provide the full impact on the typical 1,000 kWh residential bill from current rates to the proposed rates that would go into effect on July 1, 2018. On April 2, 2018, in Docket No. 20060038 -EI, FPL filed its routine storm charge quarterly true -up adjustment to the storm recovery bond repayment charges and the storm recovery bond tax charges. Based on this true -up adjustment, the residential storm bond charge will increase from $1.38 to $1.48 for the typical residential 1,000 kWh customer bill. 7 A of May 30, 2018, the date FPL filed its response to Commission staff's Second Data Request, draft copies of the newsletter article were not yet available for staff to review. However, FPL committed to provide advance copies before the publication date. C 3 ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -EI PAGE 4 If approved, this mid -course correction will result in lower capacity cost recovery factors for FPL's customers. This mid -course correction was filed by FPL with the intention of the proposed decrease in rates becoming effective July 1, 2018. Typically, effective dates are set a minimum of 30 days after our vote modifying the charges as the result of a mid -course correction.8 This time limit is imposed in order to prohibit new rates from being applied to energy consumed before the effective date of our action, i.e., the date of the vote. However, we have also implemented charges in less than 30 days when circumstances warrant.9 In this instance, the interval between our vote on this matter (June 5, 2018) and the proposed implementation date (expected to be July 1, 2018) is 25 days. Because this filing, as approved, results in a decrease to cost recovery factors, we find that a 25 day interval is sufficient. For the reasons stated above, we approve FPL's request for mid -course correction to its 2018 capacity cost recovery factors and the associated tariff sheets. The approved capacity cost recovery factors are presented in Attachment A and the associated tariff sheets are presented in Attachment B. The revised capacity cost recovery factors and the associated tariff sheets shall become effective with the July 2018 billing cycle, which begins on July 1, 2018. Based on the foregoing, it is . ORDERED by the Florida Public Service Commission that Florida Power & Light Company's Petition for Mid -Course Corrections of Capacity Cost Recovery Factors Resulting From Impacts of the Tax Cuts and Jobs Act of 2017 is hereby granted as stated in the body of this order. It is further ORDERED that the Revised Capacity Cost Recovery Factors contained in Attachment A and tariff sheets contained in Attachment B are hereby approved effective with the July billing cycle which begins on July 1, 2018. It is further ORDERED that this docket shall remain open. 8Gulf Power Co. v. Cresse, 410 So. 2d 492 (Fla. 1982); Order No. PSC-96-0907-FOF-EI, issued on July 15, 1996, in Docket No. 19960001 -EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor; Order No. PSC-1996-0908-FOF-EI, issued July 15, 1996, in Docket No. 19960001-E1, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor; Order No. PSC-97-0021- FOF-EI, issued on January 6, 1997, in Docket No. 19970001 -EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor. 90rder No. PSC -01 -0963 -PCO -El, issued April 18, 2001, in Docket No. 20010001 -EI, In re: Fuel and purchased power cost recovery clause and generating performance incentive factor (allowing recovery of increase in fuel factor in order to decrease the carrying costs and therefore the total amount ratepayers were ultimately required to repay.); Order No. PSC-00-2383-FOF-GU, issued December 12, 2000, in Docket No. 20000003 -GU, In re: Purchased gas adjustment (PGA) true -up (allowing recovery of an increased gas fuel factor due to drastic increases in natural gas prices in winter of 2000-2001.); Order No. PSC -15 -0161 -PCO -EI, issued April 30, 2015, in Docket No. 20150001 - El, In re: Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor (approving FPL's petition for a mid -course correction, thereby reducing fuel factors with less than 30 days notice). ORDER NO. PSC -2018 -0313 -PCO -El DOCKET NO. 20180001 -EI PAGE SBr By ORDER of the Florida Public Service Commission this 18th day of June, 2018. CARLOTTA S. STAUFF Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 WWW.floridapsexom Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. Gs ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -El PAGE 6 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. C- ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 2018000 1 -EI PAGE 7 ATTACHMENT A Table 1 FPL Revised Capacity Cost Recovery Factors For the Period July -December, 2018 Rate Schedule $/kW $/kWh Reservation Demand Charge (RDC) $/kW10 Sum of Daily Demand Charge (SDD) $/kWli RS1/RTRl - 0.00234 - - GS1/GST1 - 0.00220 - - GSD1/GSDT1/HLFT1 0.70 - - - OS2 - 0.00098 - - GSLD1/GSLDTI/CSI/CST1/HLFT2 0.84 - - - GSLD2/GSLDT2/CS2/CST2/HLFT3 0.78 - - - GSLD3/GSLDT3/CS3/CST3 0.79 - - - SST1T - - $0.10 $0.05 SST1D1/SST1D2/SST1D3 - - $0.11 $0.05 CILC D/CILC G 0.89 - - - CILC T 0.86 - - - MET 0.88 - - - OL1/SLI/SL1M/PL1 - 0.00018 - - SL2/SL2M/GSCU1 - 0.00153 - - Source: Schedule E1 -E, Appendix I, Page 5 of 20 from Mid -Course Petition. 1ORDC=((Total Capacity Costs )/(Projected Avg. 12CP @gen)(.10)(demand loss expansion factor)/12 months "SDD=((Total Capacity Costs. )/(Projected Avg. 12CP @gen)(21 on peak days)(demand loss expn. factor)/12 months ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -EI PAGE 8 ATTACHMENT B Forty-E4t6 Ni tb Revised $Lcct No. 8.030 ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -EI PAGE 9 Twenty-Fear4laFiRh Revised Sheet No. 8,030.1 FLORIDA POWER di LIC,11T COMPAINY Cancels Twenty-Thif4Fourt6 Revised Sheet No. &030j (Continued from Shea 1'o. 8.030) BILLIDIG ADJUSTMENTS (Cominocd) CILC-I(D) FUEL CONSERVATION CAPACITY ENTVIRU` 0.63 -I41E)v"TAL QIkWh" ¢lkWh 0:7cWh f/k-Wh $AW O.Wh 5rkW ¢±kWh L&clized On- Ofl= 89 CiLC-1(T) 2.974 2.367 ul Peak Peak i�:;W-0$5 LMET 2.596 0.082 —0 2,528 4 30.(1G7 0.0-4-2919 ok-wl�12,j 0 2.5% 0.60 SL -2, GSCU-IISL- — 441n .099 — 0.111 81"0RQ[»g 2M 8R CILC-1(G) 3.052 2.329 0.63 &970, — A.1) 0.090 RDD DDC RDD DDC" R4 CILC-I(D) 3.035 2.415 0.63 89 CiLC-1(T) 2.974 2.367 ul i�:;W-0$5 8640. SG SL-I,OL- 1, RL- 1, PL- 2,528 0.0-4-2919 ok-wl�12,j USL-IM, LT -10-4-291918 SL -2, GSCU-IISL- 2.611 0.111 81"0RQ[»g 2M �3 RDD DDC RDD DDC" Issued 4y: 9A&-RouATiELanv Cohen, Dir@ctor, Rates and Tariffs Effective; Mare44 4F C,9 ORDER NO. PSC -2018 -0313 -PCO -EI DOCKET NO. 20180001 -EI ATTACHMENT C PAGE 10 Table 1 FPL Typical 1,000 -kWh Residential Customer Bill Comparison For the period July -December, 2018 (1) (2) (3) (4) (5) (6) Current Approved 12 Approved 14 July -August Net Difference 13 September- Net Difference's Component March 2018 2018 December 2018 Base Charge $67.10 $67.10 $0.00 $66.88 ($0.22) Fuel Cost $22.73 $22.73 $0.00 $22.93 $0.20 Recovery Energy Conservation $1.53 $1.53 $0.00 $1.53 $0.00 Cost Recovery Capacity Cost $2.57 $2.34 ($0.23) $2.34 $0.00 Recovery Environmental $1.5 8 $1.22 ($0.36) $1.22 $0.00 Cost Recovery Storm Bond $1.38 $1.48 $0.10 $1.48 $0.00 Charge Interim Storm Restoration $0.00 $0.00 $0.00 $0.00 $0.00 Surcharge Subtotal $96.89 $96.40 ($0.49) $96.38 ($0.02) Gross Receipts $2.48 $2.47 0.01 $2.47 $0.00 Tax Totals 599.37 X98.87 0.50 598.85 ($0.02) 12Reflectsapproval of the Mid -Course corrections to Capacity and Environmental Cost Recovery Clause amounts, and a true -up adjustment in storm charges, as filed in Docket No. 20180001 -EI. 13TheNet Difference shown in Column 4 of Table 1 reflects the true -up adjustment in storm charges effective June 1, 2018, and the Mid -Course Corrections to Capacity and Environmental Cost Recovery Clause amounts, effective July 1, 2018. It does not reflect the Martin -Riviera Natural Gas Pipeline transfer petition in Docket No. 20170231 - EI, which, if approved, would change Base and Fuel Cost Recovery amounts, effective September 1, 2018. 14Reflects approval of the proposed Martin -Riviera pipeline lateral transfer, pending in Docket No. 20170231 -EI. 15TheNet Difference shown in Column 6 of Table 1 reflects the true -up adjustment in storm charges effective June 1, 2018, the Mid -Course Corrections to Capacity and Environmental Cost Recovery Clause amounts effective July 1, 2018, and the Martin -Riviera Natural Gas Pipeline transfer petition that is pending in Docket No. 20170231 -EI, which, if approved, would change Base and Fuel Cost Recovery amounts, effective September 1, 2018. C1 FILED 6/20/2018 ;DOCUMENT NO. 04302-2018 IFPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20180083 -EQ energy tariff and standard offer contract, by ORDER NO. PSC -2018 -0316 -PAA -EQ Florida Power & Light Company. ISSUED: June 20, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S STANDARD OFFER CONTRACT AND SCHEDULE OS -2 BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). Background Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offer to purchase capacity and energy from renewable energy generators and small qualifying facilities. Rules 25-17.200 through 25-17.310, F.A.C., implement the statute, and require each IOU to file with this Commission by April 1 of each year, a standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the Utility's current Ten -Year Site Plan. On April 2, 2018, Florida Power & Light Company (FPL) filed a petition for approval of its revised standard offer contract and renewable energy tariff based on its 2018 Ten -Year Site Plan.' On April 20, 2018, FPL filed an amended petition for approval of the revised standard offer contract and revised accompanying rate schedule QS -2. Revisions made to the tariff sheets are consistent with the updated avoided unit and an avoided unit selection option. Revisions include updates to dates and payment information which reflect the current economic and financial assumptions for the avoided unit and purchased power costs. 'April 2, 2018, was the first business day following the Sunday, April 1 deadline for standard offer contract filings. DI ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 2 We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.06 and 366.91, F.S. Review Rule 25-17.250, F.A.C., requires that FPL, an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the Utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. FPL's 2018 Ten -Year Site Plan does not include any avoidable fossil fueled generating units, but has a projected planned purchase of 325 MW in 2019 that would be FPL's next planned purchase that could be avoided or deferred. However, in an effort to encourage renewable generation, FPL has identified its next avoidable unit as a 1,778 MW natural gas-fired combined cycle unit at a greenfield site with an expected in-service date of June 1, 2028. Both the avoided unit and avoided planned purchase options are available for FPL's revised standard offer contract. Under FPL's standard offer contract, the RF/QF operator commits to certain minimum performance requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to an RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require an IOU to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it will receive as -available energy payments only until the in-service date of the avoided unit (in this case June 1, 2028), and thereafter begin receiving capacity payments in addition to energy payments. If either the early or levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity payment options tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. Table 1 below contains estimates of the annual payments for each payment option available under the revised standard offer contract to an operator choosing the 2028 avoided unit option. This is available to an operator with a 50 MW facility operating at a capacity factor of 94 percent that meets the minimum requirement specified in the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2028, reflecting the projected in- service date of the avoided unit (June 1, 2028). D z. ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 3 Table 1 - Estimated Annual Payments to a 50 MW Renewable Facility 94 Percent Capacity Factor Source: FPL's Supplemental Response to Staff's First Data Request! Table 2 below contains estimates of the annual payments for each payment option available under the revised standard offer contract if an operator chooses the avoided planned power purchase contract. This contract is available to an operator with a 50 MW facility operating at a capacity factor of 94 percent that meets the minimum requirement specified in the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2019, reflecting the projected purchase date of the avoided purchase (June 1, 2019). 2Document No. 03838-2018, filed May 23, 2018, in Docket No. 20180083 -EQ. Energy Payment Capacity Pa ent (By Type) Normal Levelized Early Early Levelized Year $(000) $(000) $(000) $(000) $(000) 2019 10,808 - - - - 2020 9,513 - - - - 2021 7,836 - - - - 2022 8,501 - - - - 2023 9,237 - - - - 2024 9,730 - - 2,445 2,825 2025 10,236 - - 2,506 2,825 2026 11,235 - - 2,569 2,825 2027 13,098 - - 2,633 2,825 2028 12,312 4,111 4,581 2,699 2,825 2029 12,446 4,214 4,581 2,766 2,825 2030 12,992 4,319 4,581 2,835 2,825 2031 13,453 4,427 4,581 2,906 2,825 2032 13,930 4,538 4,581 2,978 2,825 2033 14,132 4,652 4,581 3,053 2,825 2034 14,483 4,768 4,581 3,129 2,825 2035 14,806 4,887 4,581 3,208 2,825 2036 15,178 5,009 4,581 3,288 2,825 2037 15,475 5,134 4,581 3,370 2,825 2038 15,820 5,263 4,581 3,454 2,825 Total 256,132 51,323 50,391 43,839 42,373 NPV (2019$) 115,228 15,671 15,671 15,671 15,671 Source: FPL's Supplemental Response to Staff's First Data Request! Table 2 below contains estimates of the annual payments for each payment option available under the revised standard offer contract if an operator chooses the avoided planned power purchase contract. This contract is available to an operator with a 50 MW facility operating at a capacity factor of 94 percent that meets the minimum requirement specified in the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2019, reflecting the projected purchase date of the avoided purchase (June 1, 2019). 2Document No. 03838-2018, filed May 23, 2018, in Docket No. 20180083 -EQ. ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 4 Table 2 - Estimated Annual Payments to a 50 MW Renewable Facility 94 Percent Capacity Factor Source: FPL's Supplemental Response to Staff's First Data Request.3 FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A. All of the changes made to the tariff sheets are consistent with the updated avoided unit and an avoided unit selection option. Revisions include updates to dates and payment information which reflect the current economic and financial assumptions for the avoided unit and purchased power costs. Additional language was introduced in Revised Sheet 9.033 and Original Sheet 9.033.1 that addressed "Capacity Delivery Date" and "Delivery Date Conditions" that must be satisfied by the QF. FPL explained the clarifying language is significant and essential for FPL because the Capacity Delivery Date is the date when the QF is required to deliver to FPL, and is also the date 3Document No. 03838-2018, filed May 23, 2018, in Docket No. 20180083 -EQ. Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized Year $(000) $(000) $(000) $(000) $(000) 2019 10,808 1,200 111.4 585.0 101.3 2020 9,513 - 111.4 - 101.3 2021 7,836 - 111.4 - 101.3 2022 8,501 - 111.4 - 101.3 2023 9,237 - 111.4 - 101.3 2024 9,730 - 111.4 - 101.3 2025 10,236 - 111.4 - 101.3 2026 11,235 - 111.4 - 101.3 2027 13,097 - 111.4 - 101.3 2028 12,948 - 111.4 - 101.3 2029 12,831 - 111.4 - 101.3 2030 13,175 - 111.4 - 101.3 2031 16,168 - 111.4 - 101.3 2032 14,297 - 111.4 - 101.3 2033 14,224 - 111.4 - 101.3 2034 15,670 - 111.4 - 101.3 2035 15,904 - 111.4 - 101.3 2036 15,985 - 111.4 - 101.3 2037 16,901 - 111.4 - 101.3 2038 17,123 - 111.4 - 101.3 Total 1 266,330 1 1,200 2,228 585.0 2,025 NPV 2019$ 118,240 1,033 1,033 1 1,033 1,033 Source: FPL's Supplemental Response to Staff's First Data Request.3 FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A. All of the changes made to the tariff sheets are consistent with the updated avoided unit and an avoided unit selection option. Revisions include updates to dates and payment information which reflect the current economic and financial assumptions for the avoided unit and purchased power costs. Additional language was introduced in Revised Sheet 9.033 and Original Sheet 9.033.1 that addressed "Capacity Delivery Date" and "Delivery Date Conditions" that must be satisfied by the QF. FPL explained the clarifying language is significant and essential for FPL because the Capacity Delivery Date is the date when the QF is required to deliver to FPL, and is also the date 3Document No. 03838-2018, filed May 23, 2018, in Docket No. 20180083 -EQ. ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 5 when FPL is required to receive and pay the Committed Capacity amount. FPL further clarified that the additional Delivery Date Conditions are consistent with sound commercial practice, and will ensure that the QF will generate and deliver' to FPL electric energy safely and reliably for the term of the Standard Offer Contract. Decision Upon review, we find that the provisions of FPL's revised renewable energy tariff and standard offer contract conform to the requirements of Rules 25-17.200 through 25-17.310, F.A.C. FPL's 2018 Ten -Year Site Plan does not include any avoidable fossil fueled generating units, but has a projected planned purchase of 325 megawatt (MW) in 2019 that is FPL's next planned purchase that could be avoided or deferred. FPL has also identified its next avoidable unit as a 1,778 MW natural gas-fired combined cycle unit at a greenfield site with an expected in-service date of June 1, 2028. FPL's revised standard offer contract provides flexibility in the arrangement for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Thus, FPL's revised renewable energy tariff and standard offer contract are approved as filed. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's standard offer contract and schedule QS -2 are approved. It is further ORDERED that the provisions of this Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. Potential signatories should be aware that, if a timely protest is filed, Florida Power & Light Company's standard offer contract may subsequently be revised. It is further ORDERED that in the event this Order becomes final, this docket shall be closed. ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20.180083 -EQ PAGE 6 '7D By ORDER of the Florida Public Service Commission this 20th day of June, 2018. CARLOTTA S. STAUFF R Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.iloridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on July 11. 2018. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. -D,(�; ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 7 Attachment A TPntliFleventh Revised Sheet No. 9.030 FLORIDA POWER fi LIGHT COMPANY Cancels iSlnth'fenth Sheet No. 9.030 STANDARD OFFER CONTRACT FOR THE PURCHASE OF CAPACITY AND ENERGY FROM A RENEWABLE ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS (2019 PLANNED POWER PURCHASE OR 2028 AVOIDED UNIT) THIS STANDARD OFFER CONTRACT (the "Contracf') is made and entered this day of _, by and between (herein after "Qualified Seller" or "QS") a corporation/limited liability company organized and existing under the laws of the State of and owner of a Renewable Energy Facility as defined in section 25-17.210 (1) F.A.C. or a Qualifying Facility with a design capacity of 100 KW or less as defined in section 25-,17.250. and Florida Power & Light Company (hereinafter "FPL") a corporation organized and existing under the laws of the State of Florida. The QS and FPL shall be jointly identified herein as the "Parties". This Contract contains five Appendices; Appendix A. QS -2 Standard Rate for Purchase of Capacity and Energy; Appendix B, Pay for Performance Provisions; Appendix C. Termination Fee; Appendix D. Detailed Project Information and Appendix E. contract options to be selected by QS. WITNESSETH: WHEREAS,, the QS desires to sell and deliver, and FPL desires to purchase and receive, firm capacity and energy to be generated by the QS consistent with the terms of this Contract, Section 366.91, Florida Statutes, and/or Florida Public Service Commission ("FPSC") Rules 25-17.082 through 25-17.091. F.A.C. and FPSC Rules 25-17.200 through 25.17.310.F.A.C. WHEREAS, the QS has signed an interconnection agreement with FPL (the `'Interconnection Agreement"). or it has entered into valid and enforceable interconnection/transmission service agreement(s) with the utility (or those utilities) whose transmission facilities are necessary for delivering the firm capacity and energy to FPL (the "Wheeling Agreement(s)"); WHEREAS, the FPSC has approved the form of this Standard Offer Contract for the Purchase of Firm Capacity and Energy from a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW or less; and WHEREAS, the Facility is capable of delivering firm capacity and energy to FPL for the terns of this Contract in a manner consistent with the provisions of this Contract; and WHEREAS, Section 366.91(3), Florida Statutes, provides that the "prudent and reasonable costs associated with a QS energy contract shall be recovered from the ratepayers of the contracting utility, without differentiating among customer classes. through the appropriate cost -recovery clause mechanism" administered by the FPSC; NOW, THEREFORE, for mutual consideration the Parties agree as follows: (Continued on Sheet No. 9.031) Issued by: &4L.—RornigTiffinns Cohen. Director, Rates and Tariffs Effective:-Fcbrttiiry� )7 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 8 Attachment A Second Revisers sheet No. 9.031 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.031 (Continued from Sheet No. 9.030) 1. QS Facility The QS contemplates, installing operating and maintaining a KVA generating facility located at (hereinafter called the "Facility"). The Facility is designed to produce a maximum of kilowatts ("KW") of electric power at an 85% lagging to 85% leading power factor. The Facility's location and generation capabilities are as described in the table below. TECHNOLOGY AND GENERATOR CAPABILITIES Location: Specific legal description (e.g., metes and bounds or other legal City: description with street address required) Generator Type (Induction or Synchronous) Type of Facility (Hydrogen produced from sources other than fossil fuels, biomass as defined in Section 25-17.210 (2) F.A.C. , solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power, waste heat from sulfuric acid manufacturing operations: or <100KW cogenerator) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capability (KW) Minimum Load Peaking Capability Net Output (KW) Power Factor (%) Operating Voltage (kV) Peak Internal Load KW The following sections (a) through (e) are applicable to Renewable Energy Facilities ("REFs') and section (e) is only applicable to Qualifying Facilities with a design capacity of 10D KW or less: (a) If the QS is a REF, the QS represents and warrants that (i) the sole source(s) of fuel or power used by the Facility to produce energy for sale to FPL during the term of this Contract shall be such sources as are defined in and provided for pursuant to Sections 366.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) and (2), F.A.C.; (ii) Fossil fuels shall be limited to the minimum quantities necessary for start-up, shut -down and for operating stability at minimum load; and (iii) the REF is capable of generating the amount of capacity pursuant to Section 5 ofthis Agreement without the use of fossil fuels. (b) The Parties agree and acknowledge that if the QS is a REF, the QS will not charge for, and FPL shall have no obligation to pay for, any electrical energy produced by the Facility from a source of fuel or power except as specifically provided for in paragraph l(a) above. (Continued on Sheet No. 9.032) Effective: July 13, 2017 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 9 Attachment A T-w-WihThirtccnth Revised Sheet No, 9.032 FLORIDA POWER & LIGHT COMPANY Cancels 94evenilh—welfth Revised Sheet No. 9.032 (Continued from Sheet No. 9.031) (c) I r the Qs is a REF, the QS shall, on an annual basis and within thirty (30) days oiler the anniversary date of this Contract and on an annual basis thereafter for the tent of this Contract. deliver to FPI. a report certified by an officer of the QS: (i) stating lite type and amount of each source of fuel or power used by the QS to produce energy during the twelve month period prior to the anniversary date (the "Contract Year'): and (ii) verifying that one hundred percent (180.5) or all energy sold by the QS to FI't: during the Contract Year complies with Sections i (a) and (b) orthis Contract. (4) trthe QS is a REF, the QS represents and warrants that the Facility meets the renewable energy requirements of Section 360.91(2)(a) and (b). Florida Statutes. and FPSC Rules 25-17.210(1) and (2)-. F.A.C., and that the QS shall continue to meet such requirements throughout the term ofthis Contract. FPL shall have the right at all times to inspect the Facility mid to examine any books, records, or other documents of the QS [lint FPI, deems necessary to verify that the Facility meets such requirements. (e) 'rhe Facility (i) has been certified or has self -certified as a "qualifying facility' pursuant to the Regulations of lite Federal Energy Regulatory Commission ("FERC - )2 or (ii) has been certified by the 1-119C as a "qualifying facility' pursuant to Rule 25-17.080(1), A QS that is a qualifving facility with a design capaeity or less than 100 RW shall maintain the "qualifying status' of the Facility throughout the tern of this Contract, FTI. shall have the right at all times to inspect the Facility and to examine any books and records or other documents ofthe Facility that FPI. deans necessary to verify The Facility's qualifying status. On or before March 31 of each year during the term of this Contract, the QS shall provide to FPI_ a certificate signed by an officer or the QS certifying that the Facility has continuously maintained qualifying status. Term of Contract Except as ntbervisc provided herein, this Contract shall become erfectivc immediately upon its execution by the Panics (the "Pffeciive Date") and shall have the termination date stated in Appendix E, unless terminated earlier in accordance with the provisions hereof Notwithstanding lite foregoing, if llie Capacity Delivery Dow (as defined in Section 5.5) of the Facility is not accomplished by the QS be. . ��', ^^'& in- en ice date of the avoided unit, or such later date as may be permitted by FPL pursuant to Section 5 of this Contract. Fill, will be permitted to terminate this Contract consistent with the tents herein without further obligations, duties or liability to the QS. Minimum Specifications Following are the minimum specifications pertaining to this Contract: t. 'I'hc avoided unit (''Avoided Unit") a ian< on which this Contract is based isarg detailed in Appendix Nos. 10.311 through 1(1.31 1.3. This offer shall expire on April 1.2 ".2L-9 3. 'rhe date by which firm capacity And energy deliveries front the QS to FPL shall commence is the in-service date of the Avoided [)nit (or such later date as m,%v be pernined be FPI. pursuant to Section 5 of this contract) unless lite QS chooses it capacity payment option that provides for early capacity payments pursuant to the terms orthis Contract. 4. 'Die period of time over which firm capacity and energy shall be delivered from the QS to FPL is as specified in Appendix E: provided. such period shall be no less than a minimum often (10) years after the in-service date orthe Avoided D)nit. 5. 7)tc folloNving are the minimum performance standards for the delivery of Finn capacity and energy by the QS to qualify for full capacity payments under this Contract: On Peak' All Hours Availability 94.0% 94.0° : QS Per-Immancc and On Peak hours shall be as measured andfor deseribed in IM's Rate Schedule QS -2 attached hereto as Appendix A (Cominued on Sheet No. 9.032.1) Issued by: S, E. Remi-Tiffam• Cohen, Director, Rates and Tariffs Effective: r-ebwn» 2838 -09 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 10 FLORIDA POWER & L1GlIT COMPANY (Continued from Sheet No. 9.032) 3:2 QS, at no cost to FPL, shall be responsible to: Attachment A First Revised Sheet No. 9.032.1 Cancels Original Sheet No. 9.032.1 32.1 Design, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and governmental approvals, any requirements of warramty agreements or similar agreements, prudent industry practice, insurance policies, and the Interconnection Agreement or Wheeling Agreement. 32.2 Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Wheeling Agreement(s)) in order to schedule and deliver the firm capacity and energy to FPL 3.2.3 Obtain and maintain all permits, certifications, licenses, consents or approvals of any governmental or regulatory authority necessary for the construction, operation, and maintera cc of the Facility (the "Permits'). QS shall keep FPL reasonably informed as to the status of its permitting efforts and shall promptly inform FPL of any Permits it is unable to obtain, that are delayed, limited, suspended, terminated, or otherwise constrained in away that could limit, reduce, interfere with, or preclude QS's ability to perform its obligations under this Contract (including a statement of whether and to what extent this circumstance may limit or preclude QS's ability to perform under this Contract.) 3.2.4 Demonstrate to FPL's reasonable satisfaction that QS has established Site Control, an agreement for the ownership or lease ofthe Facility's site, for the Term ofthe Contract. 3.25 Complete all environmental impact studies and comply with applicable environmental laws necessary for the construction, operation, and maintenance ofthe Facility. 3.2.6 At FPL's request, provide to FPL electrical specifications and design drawings pertaining to the Facility for FPL's review prior to finalizing design ofthe Facility and before beginning construction work based on such specifications and drawings, provided FPL's review ofsuch specifications and design shall not be construed as endorsing the specification, and design thereof, or as any express or implied warranties including performance, safety, durability or reliability ofthe Facility. QS shall provide to FPL reasonable advance notice of any changes in the Facility and provide to FPL specifications and design drawings of any such changes. 3.2.7 Within fifteen (15) days after the close *fetch month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthly progress report (in a form reasonably satisfactory to FPL) and agree to regularly scheduled meetings between representatives of QS and FPL to review such monthly reports and discuss QS's construction progress. The Monthly Progress Report shall indicate whether QS is on target to meet the Capacity Delivery Date. If, for any reason, FPL has reason to believe that QS may fail to achieve the Capacity Delivery Date, then, upon FPL's request, QS shall submit to FPL, within ten (10) business days of such request, a remedial action plan ("Remedial Action Plan') that sets forth a detailed description of QS's proposed course of action to promptly achieve the Capacity Delivery Date. Delivery oft Remedial Action Plan does not relieve QS of its obligation to meet the Capacity Delivery Date. 3.3 FPL shall have the right, but not the obligation, to: 3.3.1 Inspect during business hours upon reasonable notice, or obtain copies of all Permits held by QS. 3.32 Consistent with Section 3.2.6. notify QS in writing ofthe results of the review within thirty (30) days of FPL's receipt ofall specifications for the Facility, including a description ofany flaws perceived by FPL in the design. 3.3.3 Inspect the Facility's construction site or on-site QS data and information pertaining to the Facility during business hours upon reasonable notice. (Continued on Sheet No. 9.033) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 '7 l o ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 11 Attachment A 14,4444Ninth Revised Sheet No. 9.033 FLORIDA POWER Ar LiGHT COMPANY Cancels $eveuM iehih Shect No. 9.033 (Continued from Shect No. 9.032,1) 4. Sale ofEncrgy and Capacity by the QS 4.1 Consistent with ilia terms hereof, the QS shall sell and deliver to FPI. and FPI. shall purchase and receive from the QS at ilia Dclivcry Point (defined below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to purchase all energy and capacity produced by ilia Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( ) net billing arrangement or ( ) simultaneous purchase and sale arrangement: provided, however. that no such arrangement shall cause the QS to sell more energy and firm capacity than the Facility's net output. The billing methodology may be changed at the option of the QS. subject to the provisions or FPI. Rate Schedule QS -2. For purposes of this Contract, Delivery Point shall be defined as either: (a) the point of interconnection between FPI: s system and the transmission system of the final utility transmitting energy and firm capacity front ilia Facility to the PPL system, is speeifcally described in ilia applicable Wheeling Agreement. or (b) the point of interconnection between the Facili%y and FPL's lrmsmission system, as specifically described in the Interconnection Agreement. 4,2 The QS shall not rely on interruptible standby service far the stat up requirements (initial or otherwise) of the Facility. 4.3 The QS shall be responsible for all costs, charges and penalties associated with development and operation of the Facility, 4.4 The QS shall be respnnsible for all interconnection. electric losses, transmission and ancillary service arrangements and costs required to deliver, on a firm basis, the firm capacity and energy from the Facility to the Delivery Point. 5. Committed Capacity/Capacity Delivery Datc 5.1 The QS commits to sell and deliver firm capacity to FPI. at the Delivery Point: the amount orwhieh shall be determined in accordance with this Section 5 (the "Committed Capacity*). Subject to Section 5.3 the Committed Capacity shall be MV. delivery data no later than the in-service date of the Avoided Unit or as otherwise specified in Appendix L (the "Guaranteed Capacity Delivery Date'). 5.2 Testing of the capacity of the Facility (each such test, a "Committed Capacity Test') shall be performed in accordance with the procedures set forth in Section 6. The Demonstration Period (defined herein) l'or the first Committed Capacity Test shall commence no earlier Urn six (6) months prior to the Capacity Delivery Date and testing must be completed by 11:59 p.m. on the date prior to the Cuaramced Delivery Date. The first Committed Capacity Test shall be deemed successfully completed N%Iicn the QS demonstrates to FPL`s satisfaction that the Facility can make available capacity or at least one hundred percent (100%) of the Committed Capacity set forth in Section 5.1. Subject to Section 6.1. the QS may schedule and perforin up to three (3) Committed Capacity Tests to satisfy the capacity requirements ofthe Contract. 5.3 FPL shall have the right to require the QS. by notice no less than tar (10) business days prior to such proposed test. to validate ilia Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once per each Summer period and once par each Winter period at I'I'L's sole discrction.(b) at any time ilia QS is unable to comply with any material obligation under this Contract for a period of thirty (30) days or more in the aggregate as a consequence of an event of force Majeure, and (c) at any time the QS fails in three consecutive months to achieve an Annual Capacity Billing Factor. as defined in Appendix B (tire "ACBE`). equal to or greater than 70%. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. on and attar the date of such requested Committed Capacity Test, and until the completion of a subsequent Committed Capacity Test. the Committed Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity as set forth in Section 5.1. 5A Notwithstanding anything to the contrary herein. the Commiucd Capacity shall not exceed the amount set firth in Section 5.1 without Ue prior written consent off -'PL such consent not unreasonably withheld. 5.5 'lie "Capacity Delivery Date' shall be defined is ilia first calendar day immediately A44owiegalicr the data of]biloacinc the past to occur f a the Facility's successful completion of the first Committed Capacity Test but no earlier than the commencement date fur deliveries of firm capacity and energy (as such is specified in Appendix E) and (h) ilia mikficlion by QS or the following Delivery Dale Conditions defined below . S,(..�:he-fife.�statlt�l>:-enaitled-ia-racrive-Eapaeit±=pa}vuenrs-beginning-orrehe-C=epae+t+-1;'e3icer�ait: pro+(ded-the-L=apaeily-Netiv-;j�'aM 4ieuuF+4m-vr-IeA+Fio4ira`-;.sem-ke chit orilie...amvz.:•ia-ia-^,:H'I`L.�....a..e.......1.....111.. t;m-..........,. the ffl11@..:.........�,.....���e�—Tv f-i1f2 Copaeily-)�2livrrv-laaap-rtue art.-tetear-erl-or-befrrte-tit ivaranlec.: (:apavhy-Delivery Date rua _wall m. ":titled -to -aha Ct stp}etieuklperTustlxuta to 9) in fail; and t ofaddiliotme! 4ito t mlMru . Me. Di}per ! neieatNlfwa-Feltkrrn?t; c+mits'tsl vtt+vSlll-Ihz-lin MiwNkKr.�ImNirrnr-4it+{ai{ity (Continued on Sheet No. 9.034.31) Issued by: S.4-Romi_Tiffanv Cohen, Director, Rates and Tariffs Effective: Septeffibe_- i N ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 12 FLORIDA POWER & LIGHTCOMPANY (Continue front Sheet No. 9.033) Attachment A Original Sheet No. 9.033.1 5.5.f A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating: (a) the nameplate capacity ratinit of the Facility at the anticipated time orcommercial operation, which nmst be at least 94%ofthe Expected Nameplate CanacityRating; (b) that the Facility is able to £operate electric energy reliably in Amounts expected by this Agreement and in accordance with all other terms and conditimts hcrcoP (c) that Start -00 Testing of the Ftcility° has been competed: and d) that, pursuant to Section 9.4. all s Item protection and control and Automatic Generation Cartrol devices are installed and operational_ 5.5.2 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating, in conformance with the renuirements of the Interconnection Agreement. that (a) all required interconnection fatilities have been constructed: (b) all required interconnection tests have been completed; and (c) the Facility is phvsically interconnected with the System in conformance with the Interconnection Agreement and Able to deliver cnergv consistent with the term%ofthis Agreement. 5.5.3 A certificatc addressed from a Licensed Professional Engineer (reasonably acceptable to FPI, in all respecq) slating that OS has obtaiped or entered into all permits And agreciocntc with respect to the Facilitv ncce%sary for cpnstruction. ownership, operation, and maintenance orihe 17acility (the "Required Agreements'). OS must provide copies ofanv_or all Required Agreements requested by FPL. 5.5A An opinion from a law firm or attomev, rceisterFd or licensed in the State of Florida (reasonably acceRiable to FPL in all respects). stating. aficr all appropriate and reasonable inquiry, that: (a) QS has obtained or entered into all Required Agreements: (b) neither QS nor the Facility is in violation pf or %uhiect to an liy ability under atty applicable laws; and (c) OS has duly riled and had recorded all orthe agreements, documents, instrumerus, mortgages, deeds oftmst, and other ssritines described in Section 9.7. 5.5,5 FPL has received (tie Completion/Performance Securitv((a) through (e). the "Commercial Operation Conditions"). FPL shall have ten (10) Business Days after receipt either to confirm to OS that all of the Delivery Date Conditions have been satisfied or have occurred, or to state with specificity what FPL reasonably believes has not been satisfied. 5.6 The QS shall be entitled to receive capacity payments beginning on the Capacity Delivery Date, provided. the Capacity Delivery Date occurs on or before the in-service date of the Avoided Knit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date docs not occur on or before the Guaranteed Capacity Delivery Date, IPL shall be entitled to the Conipletion(Perronnance Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS tip to an additional five (5) months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Deliver), Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted by FPL. FPI. shall have no obligation to make any capacity payments under this Contract and FPL will be pennitted to terminate this Contract, consistent with the terms herein, without further obligations, duties or liability to the QS. (Continue on Sheet No. 9.034) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: wiz ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 13 Attachment A Second Revised Sheet No. 9.034 FLORIDA POWER & LIGHT COMPANY Cancels Fust Sheet No. 9.034 (Continued from Sheet No. 9.033) Testing Procedures 6.1 The Committed Capacity Test must be completed successfully within a sixty -hour period (the "Demonstration Period"), which period including the approximate start time of the Committed Capacity Tat, shall be selected and scheduled by the QS by means ore written notice to FPL delivered at least thirty (30) days prior to the start of such period The provisions of the foregoing sentence shall not apply to any Committed Capacity Test required by FPL under any of the provisions of this Contract. FPL shall have the right to be present onsite to monitor any Committed Capacity Test required or permitted under this Contract. 6.2 Committed Capacity Test results shall be based on a test period of twenty-four (24) consecutive hours (the "Committed Capacity Test Period") at the highest sustained net KW rating at which the Facility can operate without exceeding the design operating conditions, temperature, pressures, and other parameters defined by the applicable manufactuter(s) for steady state operations at the Facility. If the QS is a REF the Committed Capacity Test shall be conducted utilizing as the sole fuel source fuels or energy sources included in the definition in Section 366.91, Florida Statutes. The Committed Capacity Test Period shall commence at the time designated by the QS pursuant to Section 6.1 or at such other time requested by FPL pursuant to Section 5.3; provided, however, that the Committed Capacity Test Period may commence earlier than such time in the event that FPL is notified of, and consents to, such earlier time. 6.3 For the avoidance of doubt, normal station service use of unit auxiliaries, including, without limitation, cooling to%%W% heat exchangers, and other equipment required by law, shall be in service during the Commined Capacity Test Period. Further, the QS shall affect deliveries of any quantity and quality of contracted cogenerated steam to the steam host during the Committed Capacity Test Period. 6.4 The capacity of the Facility shall be the average net capacity (generator output minus auxiliary) measured over the Committed Capacity Test Period. 6.5 The Committed Capacity Test shall be performed according to prudent industry testing procedures satisfactory to FPL for the appropriate technology of the QS. 6.6 Except as otherwise provided herein, results of any Committed Capacity Tat shall_ be submitted to FPL by the QS within seven (7) days of tie conclusion of the Committed Capacity Test. Payment for Electricity Produced by the Facility 7.1 Energy FPL agrees to pay the QS for energy produced by the Facility and delivered to the Delivery Point in accordance with the rates and procedures contained in FPUs approved Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended from time to time and pursuant to the election of energy payment options as specified in Appendix E. The Patties agree that this Contract shall be subject to all of the provisions contained in Rate Schedule QS -2 as approved and on file with the FPSC. 7.2 Firm Capacity FPL agrees to pay the QS for the firm capacity described in Section 5 in accordance with the rata and procedures contained in Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended and approved from time to time by the FPSC, and pursuant to the election of a capacity payment option as specified in Appendix E. The QS understands and agrees that capacity payments will be made under the early capacity payment options only if the QS has achieved the Capacity Delivery Date and is delivering firm capacity and energy to FPL. Once elected by the QS, the capacity payment option cannot be changed during the tern of this Contract 7.3 Payments Payments due the QS will be made monthly and normally by the twentieth business day following the end of the billing period. A statement of the kilowatt-hours sold by the QS and the applicable avoided energy rate at which payments are being made shall woompany the payment to the QS. (Continued on Sheet No. 9.035) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 X13 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 14 Attachment A Second Revised Sheet No. 9.035 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.035 (Continued from Sheet No. 9.034) Electricity Production and Plant Maintenance Schedule 8.1 During the term of this Contract, no later than sixty (60) days prior to the Capacity Delivery Date and prior to April I of each calendar year thereafter, the QS shall submit to FPL in writing a detailed plan of. (a) the amount of firm capacity and energy to be generated by the Facility and delivered to the Delivery Point for each month ofthe following calendar year, and (b) the time, duration and magnitude of any scheduled maintenance period(s) and any anticipated reductions in capacity. 81 By October 31 of each calendar year, FPL shall notify the QS in writing whether the requested scheduled maintenance periods in the detailed plan are acceptable. If FPL objects to any ofthe requested scheduled maintenance periods, FPL shall advise the QS ofthe time period closest to the requested period(s) when the outage(s) can be scheduled. The QS shall schedule maintenance outages only during periods approved by FPL, such approval not unreasonably withheld. Once the schedule for maintenance has been established and approved by FPL, either Parry may request a subsequent change in such schedule and, except when such event is due to Force Majeure, request approval for such change from the other Party, such approval not to be unreasonably withheld or delayed. Scheduled maintenance outage days shall be limited to seven (7) days per calendar year unless the manufacturer's recommendation of maintenance outage days for the technology and equipment used by the Facility exceeds such 7 day period, provided, such number of days is considered reasonable by prudent industry standards and does not exceed two (2) fourteen (14) day intervals, one in the Spring and one in the Fall, in any calendar year. The scheduled maintenance outage days applicable for the QS are _ days in the Spring and _ days in the Fall of each calendar year, provided the conditions specified in the previous sentence are satisfied. in no event shall maintenance periods be scheduled during the following periods: June I through and including October 31st and December 1 through and including February 28 (or 296 as the can may be). 8.3 The QS shall comply with reasonable requests by FPL regarding day-to-day and hour -by -hour communication between the Parties relative to electricity production and maintenance scheduling. $A Dispatch and Control 8.4.1 The power supplied by the QS hereunder shall be in the form of three-phase 60 Hertz alternating current, at a nominal operating voltage of 000 volts ( kV) and power factor dispatchable and controllable in the range of 85% lagging to SS% leading as measured at the Delivery Point to maintain system operating parameters, as specified by FPL. 8A.2 At all times during the term of this Contract, the QS shall operate arid maintain the Facility (a) in such a manner as to ensure compliance with its obligations hereunder, in accordance with prudent engineering and operating practices and applicable law, and (b) with all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, FPL's system. The QS shall install at the Facility those system protection and control devices necessary to ensure safe and protected operation of all energized equipment during normal testing and repair. The QS shall have qualified personnel test and calibrate all protective equipment at regular intervals in accordance with good engineering and operating practices. A unit functional trip test shall be performed after each overhaul ofthe Fecility's turbine, generator or boilers and the results shall be provided to FPL prior to returning the Facility to service. The specifics of the unit functional trip test will be consistent with good engineering and operating practices. 8.4.3 If the Facility is separated from the FPL system for any reason, under no circumstances shall the QS reconnect the Facility into FPL's system without first obtaining FPL's prior written approval. 8.4.4 During the term of this Contract, the QS shall employ qualified personnel for managing, operating and maintaining the Facility and for coordinating such with FPL. If tha Facility has a Committed Capacity greater than 10 MW then, the QS shall ensure that operating personnel are on duty at all times, twenty-four (24) hour's a calendar day and seven (7) calendar days a week. If the Facility has a Committed Capacity equal to or less than 10 MW then the QS shall ensure that operating personnel are on duty at least eight (8) hours per day from 8 AM FST to S PM EST from Monday to Friday, with an operator on call at all other hours. 8.4.5 FPL shall at all times be excused from its obligation to purchase and receive energy and capacity hereunder, and FPL shall have the ability to require the QS to curtail or reduce deliveries ofenergy, to the extent necessary (a) to maintain the reliability and integrity of any part of FPL's system, (b) in the event that FPL determines that a failure to do so is likely to endanger life or property, or (c) is likely to result in significant disruption ofelectric service to FPL's customers. FPL shall give the QS prior notice, if pmctieable, of its intent to refuse, curtail or reduce FPL's acceptance of energy and firm capacity pursuant to this Section and will act to minimae the frequency and duration ofsuch occurrences. (Continued on Sheet No. 9.036) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 T�H ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 15 Attachment A Seean Third Re-0sed Sheet No. 9.036 FLORIDA POWER & LIGHT COMPANY Cancels 44FstSecond Sheet No. 9.036 (Continued from Shed No, 9.035) 8.4.0 After providing notice to the QS, FPL shall not be required to purchase or receive energy from the QS during any period in which. due to operational circumstances, the purchase or receipt of such energy would result in FL'l,'s incurring costs greater than those which it would incur if it did not make such purchases. An example of such no occurrence would be a period during which the load being served is such that the generating units on line arc base load units operating at their minimum continuous ratings and the purchase of additional energy would require taking a base load unit off the line and replacing the remaining load served by that unit with peaking -type generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive eturgy and firm capacity pursuant to this Section. 8.4.7 If the Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS. If the Facility has a Committed Capacity greater than or equal to 75 MAr, then control, scheduling and dispatch of firm capacity and energy shall be the responsibility ofthe QS, except during a "Dispatch Hour', i.e., any clock hour for which FPI. requests the delivery of such capacity and energy. During any Dispatch Hour: (a) control ofthe Facility Dill either be by Sellers manual control under the direction of Fpl. (whether orally or in writing) or by Automatic Generation Control by FPL's system control center as determined by FPL, and (b) FPL may request that the real power output be at any level up to the Committed Capacity of the Facility. provided, in no event shall FPI. require the real powweroutput ofthe Facility to be below the Facility's Minimum Load without deeommitting the Facility. The Facility shall deliver lite capacity and energy requested by FPL within minatcs. taking into account tin: operating limitations ofthe generating equipment as specified by the manufacturer. provided such time period specified heroin is considered reasonable by prudent industry standards for the technology and equipmentbeing utilized and assuming die Facility Is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Tumamund time from Hot to Hol will be taken into consideration provided such are reasonable and consistent with prudent industry practices for the technology and equipment being utilized. The Facility's Operating Characteristics have been provided by the QS and are set fonh fit Appendix D. Section IV of Ratc Schedule QS -2. 8.4.8 if the Facility has a Committed Capacity of less than 75 MA', FPL may require (luring certain periods, by oral, writu n, or electronic notification that the QS cause the Facility to reduce output to a level below the Commined Capacity but not lower than the Facility's Minimum Load. Fi'L shall provide as much notice as practicable, normally such notice will be of at least four (4) hours. The frequency of such request shall not exceed eighteen (18) times per calendar year and the duration of each request shall not exceed four (4) hours. 8.49 FPL's exercise of its rights under this Section 8 shall not give rise to any liability or payment obligation on the pan of FPL. including any claim for breach of contract or fur breach of any covenant of good faith and fair dealing. CompletionlPerrormance Security The security content lated by this Section 9 constinnes securhv for- but is not a lintftntfnn of, QS's obligations hereunder and shall not fie FEL's exclusive romedv for QS's falurc to txrfonn in ocenrdnnce with this Agreement. 9.1 As security for the achievement of the Guaranteed Capacity Delivep• Date and satisfactory perfomtance of its obligations hereunder, the QS shall provide FPI, either: (n) an unconditional, irrevocable, standby letter of credits) with an expiration date no earlier than the end of the first (Ist) anniversary of the Capacity Delivery Dae (or the next business day thereafter), issued by a U.S. commercial bank or the U.S. branch ora foreign hank having a Credit Rating of A- or higher by SRP or A3 or higher by Moodys (a "Qualified Issuer'), in fonn and substance acceptable fo FPL (including provisions (i) permi06ng partial and full draws and (ii) permitting FI'L to draw in full if such letter of credit is not renewed or replaced as required by the terns hereof ut least thirty (30) business days prior to its expiration date) C9.ettcr of Credit"): (b) a bund. issued by a financially sound Company acceptable to FPI. and in a form and substance acceptable to FPI„ ("Rond"): or (c) a cash collateral deposited %Alh FI'L ("Cash Collateral') (ony of (a), (b), or (c). the "CompletimtrPerfomtance Security'). ComplelionlPcd'ormance Security shall be provided in the amount and by the date listed below; (a) 550.00 per kW (for the number ofkW of Committed Capacity set forth in Section 5.1) to be delivered to FPL wvithin five (5) business days ofthe Effective Date: and (6)5100.00 per kA' (tor the number of kA' of Committed Capacity set forth in Section 5.1) to Itc delivered to FPL txvo years bcforc the Guaranteed Capacity Delivery Date. "Credit Racine" means wish respect to not, entity, on any date of determination, the respective ratings then assigned to such o city's unsecured, senior long-term debt or deposit obligations (not supported by third party credit enhancement) by S&P, Moody's or other spccificd rating agency or agencies or if such entity does not have a rating for its unsecured, senior long-term debt or deposit obligations, then the rating assigned to such entity as its "corporate credit rating' by S&P. `-z�m,aaos Mae- y4loveslr:r,,Seruit. htc tx i+wsocessuF "S&P" means Standard R 1'oors Ratings Ciroup (a division of'1Tte McGraw -I fill Companies. Inc.) or fits successor. Effective: Q Is ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 16 Attachment A Eigkt44Ninth Revised Sheet No. 9.037 FLORIDA POWER &LIGNTCOMPANY Cancels-Seventld;i Idh Revised Sheet No. 9.037 (Continued from Shect No, 2036) "Moodv's" means illoody's Investors Service, Inc, or its successor. "SAP" means Standard S boors Itatines Group (a division of lire McGraw -I lill Companies, Inc.) or its successor. 9.2 The specific security instrument provided for purposes of this Contract is: (} Letter of Credit. () Bond. (} Cash Collateral. 93 FPL shall have the right to monitor (a) the financial condition orthe issuer ora Letter of troth in the event any Lcacr of Credit is provided by the QS. and (b) the insurer. in the cast of any Bond. In the event the issuer of a Letter of Credit no longer qualifies as Qualified Issuer or the issuct of a Bond is no longer financially sound, FPL may require the QS to replace the Letter of Credit or the Bond, as applicable, Such replacement Letter of Creditor bond must be issued by it QualiI led Issuer ora financially sound issues. as applicable within ten (10) business days fullowing written notification to the QS of the requirement to replace. Failure by the QS to comply with the requirements of this Scetion 93 shall be grounds for Fill, to draw in full on the existing Letter of Credit or bond and to exercise env other remedies it may have hereunder. 9.4 Nonvirhstanding the foregoing provisions of this Section 9. pursuant to I'I'SC Rule 25-17.091(4), F.A,C, a QS qualifying as a "Solid Write Facility" pursuant to Section 377.709(3) or (5), F.S.. respectively. may use an unsecured written commitment or promise to pay in a form rcasonabh acceptable to FPL, by the local government which owns the I"acility or on whose behalf the QS operates the Facility, to secure its obligation to achieve on a timely basis the Capacity Delivery Date and the satisfactory performance of its obligations hereunder. 9.5 FPI, shall he entitled to draw the Complelionfl'crformance Security to satisfy any obligation or liability or Qs arising pursuant to this Contract. 9.5.1 if the QS fails to achieve the Capacity Delivery Date on or bafurc the in-service date of the Avoided Unit or such later date as permitted by FPI, pursuant to Section 5.6, FPL shall be entitled immediately to receive, draw upon, or retain, ac the ease may be, one - hundred (100%) orthe Complctionl Performance Security as liquidated damages free from any claim or right ofany nature whatsoever orthe QS. including any equity or right or redemption by the QS. The Panics acknowledge that the injury that FPL will stiffer as n result of delayed availability of Committed Capacity and energy is difficult to ascertain and that FI'L may ncccpi such sums as liquidated damages and resort to any other remedies which may be available to it under law or in equity. 9.5 .2 In the event that Fill, requires the QS to perform one or more Committed Capacity Test(s) at any time on or h fore the first anniversary orthe Capacity Delivery Date pursuant to Section 5.3 and, in connection with only such Committed Capacity'rest(s), the QS fails to demonstrate a Capacity of at least one -hundred percent (100%) of the Committed Capacity set forth in Section 5.1. FPI, shall be entitled immediately to receive, draw upon. or retain. as the case may be, one -hundred percent (100%) of time Completionll'crronmauce Security, as liquidated damages free from any claim or right orally nature whatsoever of the QS. including am equity or right of redemption by the QS. 9.5.33 QS shall promptly. but in no event more than five (5) business days following any draws on the CompletionlPcrformancc Security, replenish the CompletionfPerformance Security to the amounts required heroin. 96 The QS, as the Pledgor of the CmnpleiirmrlPerfannarce Security, hereby pledges to FPi„ as the secured Party, as security for the achievement of the Capacity Delivery Date and satisfactory perfomrance of its obligations hereunder, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against nll CompletionlPerfarmanee Security transferred to or received by Fill, hereunder. Upon the transfer or return by FAL to the QS of CompletionlPerfarmance Security. the security interest and lien granted hereunder on that Completionri'erformance Security will be released immediately and, to the extent possible, without any further action by either party. (Continued on Sheet No. 9.038) Issued by: S. cu 9-m'-Tiffanv Cohen, Director, Rates and Tariffs Effective: duiy4-JrA_ 3 EM ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 17 Attachment A First Revised Sheet No, 9.038 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.038 (Continued from Sheet No. 9.037) 9.7 In lieu of any interest, dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held by FPL (all of which may be retained by FPL), FPL will transfer to the QS on a monthly basis the Interest Amount, as calculated by FPL. "Interest Amount" means, with respect to each monthly period, the aggregate sum of the amounts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL an that day, determined by FPL for each such day as follows: (x) the amount of that Cash Collateral on that day; multiplied by (y) the Interest Rate in effect for that day; divided by (z) 360. "Interest Rate" means. the Federal Funds Overnight rate as from time to time in effect. "Federal Funds Overnight Rate" means, for the relevant determination date, the tate opposite the caption "Federal Funds (Effective)" as set forth for that day in the weekly statistical release designated as HAS (519), or any successor publication, published by the Board of Govemors of the Federal Reserve System. Ifon the determination date such rate is not yet published in H.15 (519), the rete for that date will be the rete set in Composite 3:30 P.M. Quotations for U.S. Goverment Securities for that day under the caption "Federal Funds/Effective Rate." If on the determination date such rate is not yet published to either H.15 (519) or Composite 3:30 P.M. Quotations for U.S. Goverment Securities, the rate for that date will be determined as if the Parties had specified "USD•FedeW Funds -Reference Dealers' as the applicable rate. 10. Termination Fee 10.1 to the event that the QS receives capacity payments pursuant to Option B. Option C. Option D or Option E (as such options are defined in Appendix A and elected by the QS in Appendix E) or receives energy payments pursuant to the Fixed Firm Energy Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination of this Contract, the QS shall owe and be liable to FPL for a termination fee calculated in accordance with Appendix C (the 'Termination Fee"). The QS's obligation to pay the Termination Fee shall survive the termination of this Contract. FPL shall provide the QS, on a monthly basis, a calculation of the Termination Fee. 10.1.1 The Termination Fee shall be secured (with the exception of governmental solid waste facilities covered by FPSC Rule 25-17.091 in which ease the QS may use an unsecured written commitment or promise to pay, in a form reasonably acceptable to FPL, by the local government which owns the Facility or on whose behalf the QS operates the Facility, to secure its obligation to pay the Termination Fee) by the QS by: (a) an unconditional, irrevocable, standby letters) oferedit issued by Qualified Issuer in form and substance acceptable to FPL (including provisions (a) permitting partial and full draws and (b) permitting FPL to draw upon such letter of credit, in full, if such letter of credit is not renewed or replaced at least thirty (30) business days prior to its expiration date, ("Termination Fee Letter of Credit" ); (b) a bond, issued by a financially sound Company and in a form and substance acceptable to FPL, ("Termination Fee Bond'); or (c) a cash collateral deposit with FPL ("Termination Fee Cash Collateral") (any of (a ), (b), or (c), the "Termination Security"). 10.1.2 The specific security instrument selected by the QS for purposes of this Contract is: ( ) Termination Fee Letter ofCredit ( )Termination Fee Bond ( ) Termination Fee Cash Collateral 10.1.3 FPL shall have the right to monitor the financial condition of (i) the issuer of a Termination Fee Letter of Credit in the case of any Termination Fee Letter of Credit and (i) the insurer(s), in the ease of any Termination Fee Bond. In the event the issuer iota Termination Fee Letter of Credit is no longer a Qualified Issuer or the issuer ora Termination Fee Bond is no longer financially sound, FPL may require the QS to replace the Termination Fee Letter of Ctedit or the Termination Fee Bond, as applicable. In the event that FPL notifies the QS that it requires such a replacement, the replacement Termination Fee Letter ofCredit or Termination Fee Bond, as appticable, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notifieation. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in full on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise any other remedies it may have hereunder. (Continued on Sheet No. 9.039) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 -Dl� ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 18 Attachment A First Revised Sheet No. 9.039 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.039 (Continued from Sheet No. 9.038) IO.IA After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the Capacity Delivery Date, the QS shall provide to FPL within ten (10) business days of the close of such calendar quarter with written assurence and documentation (the "Security Documentation'), in form and substance acceptable to FPL, that the amount of the most recently provided Termination Security is sufficient to cover the balance of the Termination Fee. In addition to the foregoing, at any time during the term of this Contract, FPL shall have the right to request' and the QS shall be obligated to deliver within five (5) business days of such request, such Security Documentation. Failure by the QS to comply with the requirements of this Section 10.1.3 shall be grounds for FPL to draw in full on any existing Termination Fee Letter of Credit or Termination Fee Bond or to retain any Termination Fee Cash Collateral, and to exercise any other remedies it may have hereunder to be applied against any Termination Fee that may be due and owing to FPL or that may in the future be due and owing to FPL. 10.1.5 Upon any termination of this Contract following the Capacity Delivery Date, FPL shall be entitled to receive (and in the case of the Termination Fee Letter of Credit or Termination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination Fee Bond) and retain one- hundred percent (100%) of the Termination Security to be applied against any Termination Fee that may be due and owing to FPL or that may in the future be due and owing to FPL. FPL will transfer to the QS any proceeds and Termination Security remaining after liquidation, setoff and/or application under this Article after satisfaction in Poll of all amounts payable by the QS with respect to any Termination Fee or other obligations due to FPL; the QS in all events will remain liable for any amounts remaining unpaid after any liquidation, set-ofl'and/or application under this Article. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Parry, as security for the Termination Fee, and grants to FPL a first priority continuing security interest in, lien on and right of set-off against all Termination Security transferred to or received by FPL hereunder. Upon the transfer or rearm by FPL to the QS of Termination Security, the security interest and lien granted hereunder on that Termination Security will be released immediately and, to the extent possible, without any further action by either party. 10.3 In lieu of any interest, dividends or other amounts paid or deemed to have been paid with respect to Termination Fee Cash Collateral held by FPL (alt of which may be retained by FPL), FPL will transfer to the QS on a monthly basis the Interest Amount, Pursuant to Section 9.7. it. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and oiTpeak periods in a manner which approximates the projected performance of FPVs Avoided Unit. A formuta to achieve this objective is attached as Appendix B. (Continued on Sheet No, 9.040) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 19 Attachment A Fourth Revised Sheet No. 9.040 FLORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9.040 (Continued from Sheet No. 9.039) 12. Default Notwithstanding the occurrence ofany Force Majeure as described in Section 16, each ofthe following shall constitute an Event of Default: 12.1 The QS fails to meet the applicable requirements specified in Section I ofthis Contract.; 12.2 The QS changes or modifies the Facility from that provided in Section 1 with respect to its type, location, technology or fuel source, without prior written approval from FPL.; 12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, as described in Appendix B, ofat least 70°/a; 12.4 The QS fails to comply with any ofthe provisions of section 9.0 hemor(Completion/Performance Security). 12.5 The QS fails to comply with any ofthe provisions of Section 10.0 hereof(Termination Security).; 12.6 The QS ceases the conduct of active business; or ifproceedings under the federal bankruptcy law or insolvency laws shall be instituted by or for or against the QS or if a receiver shall be appointed for the QS or any of its assets or properties; or if any W of the QS's assets "shall be attached, levied upon, encumbered, pledged, seized or taken under any judicial process, and such proceedings shall not be vacated or fully stayed within 30 days thereof; or if the QS shall make an assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they become due. 12.7 The QS fails to give proper assurmnce acceptable to FPL of adequate performance as specified under this Contract within 30 days after FPL; with reasonable grounds for insecurity, has requested in writing such assurance.. 12.8 The QS materially fails to perform as specified under this Contract, including, but not limited to, the QS's obligations under any part of Sections 8, and IS. 12.9 The QS fails to achieve the permitting, licensing, certification, and all federal, state and local governmental environmental and licensing approvals required to initiate construction ofthe Facility by no later than one year prior to Guaranteed Capacity Date. 12.10 The QS fails to comply with any ofthe provisions of Section 18.3 hereof (Project Management). 12.11 Any of the representations or warranties made by the QS in this Contract is false or misleading in any material respect 12.12 The occurrence of an event of default by the QS under the Interconnection Agreement or any applicable Wheeling Agreement; 12.13 The QS fails to satisfy its obligations under Section 18.14 hereof(Assignment). 12.14 The QS fails to deliver to FPL in accordance with this Contract any energy or firm capacity required to be delivered hereunder or the delivery or sale of arty such energy and firm capacity to an entity other then FPL. 12.15 The QS fails to perform any material covenant or obligation under this Contract not specifically mentioned in this Section 12. 12.161f at any time after the Capacity Delivery Date, the QS reduces the Committed Capacity due to an even! of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the level set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months following the occurrence of such event of Force Majeure. (Continued on Sheet No. 9.041) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 '0I9 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 20 Attachment A First Revised Sheet No. 9.041 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.041 (Continued from Sheet Na 9.040) 13. FPL's Rights In the Event of Default 13.1 Upon the occurrence of any of the Events of Default in section 12, FPL may: (a) terminate this Contact, without penalty or further obligation, except as set forth in Section 132, by written notice to the QS, and offset against any payment(s) due from FPL to the QS. any monies otherwise due from the QS to FPL; (b) draw on the Completion/Performance Security pursuant to Section 9 or collect the Termination Fee pursuant to Section 10 as applicable; and (c) exercise any other remedy(ies) which may be available to FPL at law or in equity. 132 In rhe case of an Event of Default, the QS recognizes that any remedy at law may be inadequate because this Contact is unique and/or because the actual damages of FPL may be difficult to reasonably ascertain. Therefore, the QS agrees that FPL shall be entitled to pursue an action for specific performance, and the QS waives all of its rights to assort as a defense to such action that FPL's remedy at law is adequate. 13.3 Termination shall not affect the liability of either party for obligations arising prior to such termination or for damages, if any, resulting from any breach of this Contract. 14. lndem aificatioommits 14.1 FPL and the QS shall each be responsible for its own facilities. FPL and the QS shall each be responsible for ensuring adequate safeguards for oder FPL customers, FPL's and the QS's personnel and equipment, and for the protection of its own generating system. Subject to section 2.7 Indemnity to Company, or section 2.71 Indemnity to Company — Govem ramal, FPL's General Rules and Regulations of Tariff Sheet No.6.020 each parry (the "Indemnifying Party") agrees, to the extent permitted by applicable law, to indemnify, pay, defend, and bold harmless the other party (the "Indemnifying Party") and its officers. directors, employees, agents and contactors (hereinafter called respectively, "FPL Entities" and "QS Entities") from and against any and all claims, demands, costs, or expenses for lou, damage, or injury to persons or property of the Indemnified Party (or to third parties) caused by, arising out of, or resulting from: (a) a breech by the Indemnifying Party of its covenants, representations, and warranties or obligations hereunder; (b) any act or *mission by the Irtdemnitying Party or its contractom agents, servants or employees in connection with the installation or operation of its generation system or the operation thereof in connection with the other Party's system; (c) any defect in, failure of or fault related to, the Indemnifying Party's generation system; (d) the negligence or willful mircoaduct of the Indimifying Party or its contactors, agents, servants or employees; or (e) any other event. ac or incident, including the transmission and use of electricity, that is the result of, or proximately caused by, the lademnifying Parry or its contractors, agents, savants or employees. 14.2 Payment by an Indemnified Party will not be a condition precedent to the obligations of the Indemnifying Party under Section 14. No Indemnified Party under Section 14 shell settle any claim for which it claims indemnification hereunder without first allowing the Indemnifying Party the right to defend such a claim. The Indemnifying Parry shall have no obligations under Section 14 in the event of a breach of the foregoing sentence by the Indemnified Party. Section 14 shall survive termination of this Agreement. 14.3 Limitation on Consequential, incidental and indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE QS NOR FPL, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS. SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, FOR CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT. OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT. TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION). BREACH OF WARRANTY, STRICT LIABILITY, .STATUTE, OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAOES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND (Continued on Shea No. 9.042) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 2S, 2013 �ZD ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 21 Attachment A Second Revised Sheet No. 9.042 FLA)RIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.042 (Continued from Sheet No. 9.041) ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED; PROVIDED, HOWEVER THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS WILL NOT IN ANY WAY LIMIT LIABILITY OR DAMAGES UNDER ANY THIRD PARTY CLAIMS OR THE LIABILITY OF A PARTY WHOSE AC110NS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE TERMINATION, CANCELLATION. SUSPENSION, COMPLETION OR EXPIRATION OF THIS CONTRACT. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WAIVER OF A PARTY`S RIGHTTO SEEK INJUNCTIVE RELIEF. Is. Insurance IS. I The QS shall procure or cause to be procured, and shall maintain throughout the entire term of this Contract, a policy or policies of liability insurance issued by an insurer acceptable to FPL on a standard "Insurance Services Office" commercial general liability form (such policy or policies, collectively, the "QS Insurance"). A certificate of insurance shall be delivered to FPL at tog fifteen (15) calendar days prior to the start of any interconnection work At a minimum, the QS Insurance shall contain (a) an endorsement providing coverage, including products liability/completed operations coverage for the term of this Contract, and (b) a broad form contractual liability endorsement covering liabilities (i) which might arise under, or in the performanoa or nonperformance of, this Contras and the Interconnection Agreement, or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's failure to maintain the Facility or the QS's equipment in satisfactory and safe operating condition. Effective at least fifteen (15) calendar days prior to the synchronization of the facility with FPL's system, the QS Insurance shall be amended to include coverage for interruption or curtailment of power supply in accordance with industry standards. Without limiting the foregoing, the QS Insurance must be reasonably acceptable to FPL. Any premium assessment or deductible shall be for the account ofthe QS and not FPL. 15.2 The QS Insurance shall have a minimum limit of one million dollars (SI,000,000) per occurrence, combined single limit, for bodily injury (including death) or property damage. 15.3 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially impracticable, such unavailability shall not constitute an Event of Default under this Contract, but FPL and the QS shall enter into negotiations to develop substitute protection which the Parties in their reasonable judgment deem adequate. 15.4 To the extent that the QS Insurance is on a "claims made" Iasis, the retroactive date of the policy(ies) shall be the effective date of this Contract or such other date as may be agreed upon to protect the interests of the FPL Entities and the QS Entities. Furthermore, to the extent the QS Insurance is on a "claims made" basis, the QS's duty to provide insurance covemge shall survive the termination of this Contract until the expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort. To the extent the QS Insurance is on an "occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the term of this Contract. 15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least thirty (30) calendar days' written notice to FPL The QS shall provide FPL with a copy of any material communication or notice related to the QS Insurance within ten (10) business days of the QS's receipt or issuance thereof. 15.6 The QS shall be designated as the named insured and FPL shall be designated as an additional named insured under the QS Insurance. The QS Insurance shall be endorsed to be primary to any coverage maintained by FPL 16. Force Majeure Force MQjeure is defined as an event or circumstance that is not within the reasonable control of, or the result of the negligence of, the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or cause to be avoided in a commercially reasonable manner. Such events or circumstances may include, but are not limited to, acts of tad, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes, difficulties (not caused by the failure of the affected party to comply with the terms of a collective bargaining agreement), or actions or restraints by court order or governmental authority or arbitration award. Force Majeure shall not include (a) the QS's ability to sell capacity and energy to another market at a more advantageous price; (b) equipment breakdown or inability to use equipment caused by its design, construction, operation, maintenance or inability to meet regulatory standards, or otherwise caused by an event originating in the Facility; (c)) a failure of performance of any other entity, including any entity providing electric transmission service to the QS, except to the extent that such failure was caused by an event that would otherwise qualify as a Form Majeure event; (d) failure of the QS to timely apply for or obtain permits. (Continued on Shat No. 9.043) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 22 Attachment A First Revised Sheet No. 9.043 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.043 (Continued from Sheet No. 9.042) 16.1 Except as otherwise provided in this Contract, each party shall be excused from performance when its nonperformance was caused, directly or indirectly by an event of Force Majeure. 16.2 In the event of any delay or nonperformance resulting from an event of Fora Majeure, the party claiming Force Majeure shall notify the other party in writing within two (2) business days of the occurrence of the event of Force Majeure, of the nature, cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether any deadlines or date(s), imposed hereunder may be affected thereby. The suspension of performance shall be of no greater scope and of no greater duration than the cum for the Force Majeure requires. A party claiming Force Majeure shall not be entitled to any relief therefore unless and until conforming notice is provided. The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force Majeure, in either case within two (2) business days thereof. 16.3 The party claiming Force Majeure shall use its best efforts to cure the cause(s) preventing its performance of this Contract; provided, however, the settlement of strikes, lockouts and other labor disputes shall be entirely within the discretion of the affected party, and such party shall not be required to settle such strikes, lockouts or other labor disputes by acceding to demands which such party deems to be unfavorable. 16A If the QS suffers an occurrence of an event of Fora Majeure that reduces the generating capability of the Facility below the Committed Capacity, the QS may, upon notice to FPL, temporarily adjust the Committed Capacity as provided in Sections 16.5 and 16.6. Such adjustment shall be effective the fust calendar day immediately following FPL's receipt of the notice or such later date as may be specified by the QS. Furthermore, such adjustment shall be the minimum amount necessitated by the event of Force Majeure. 16.5 If the Facility is rendered completely inoperative as a result of Force Mgjeure, the QS shall temporarily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or fully operate at the Committed Capacity that existed ptior to the Force Majeure. If the Committed Capacity is 0 KW, FPL shall have no obligation to make capacity payments hereunder. 16.6 if, at any time during the occurrence of an event of Force Majeure or during its cure, the Facility can partially or fully operatq then the QS shall temporarily set the Committed Capacity at the maximum capability that the Facility can reasonably be expected to operate. 16.7 Upon the cessation of the event of Fora Majcurc or the conclusion of the cure for the event of Fora Majeure, the Committed Capacity shall be restored to the Committed Capacity that existed fmmediatcly prior to the Force Majeure. Notwithstanding any other provision of this Contract, upon such cessation or cum, FPL shall have the right to require a Committed Capacity Test to demonstrate the Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPL under this Section shall be additional to any Committed Capacity Test trader Section 53. 16.8 During the occurrence of an event of Force Ma eurc and a reduction in Committed Capacity under Section 16.4, all Monthly Capacity Payments shall reflect, pro rata, the reduction in Committed Capacity, and the Monthly Capacity Payments will continue to be calculated in accordance with the pay -for -performance provisions in Appendix B. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with "L's system if the same is (are) rendered inoperable due to actions of the QS, its agents, or Force Majeure events affecting the QS, the Facility or the interconnection with FPL. FPL agrees to reactivate, at its own cost, the interconnection with the Facility in circumstances where any interruptions to such interconnections are caused by FPL or its agents. 17. Representations, Warranties, and Covenants of QS The QS represents and warrants that as of the Effective Date and for the term of this Contract: 17.1 Organization, Standing and Qualification The QS is a (corporation, partnership, or other, as applicable) duly organized and validly existing in good standing under the laws of and has all necessary power and authority to carry on its business as presently conducted, to own or hold under lease its properties and to enter into and perform its obligations under this Contract and all other related documents and agreements to which it is or shall be a Party. The QS is duly qualified or licensed to do business in the State of Florida and in all other jurisdictions wherein the nature of its business and operations or the character of the properties owned or leased by it makes such qualification or licensing necessary and where the failure to be so qualified or licensed would impair its ability to perforin its obligations under this Contract or would result in a material liability to or would have a material adverse effect on FPL. (Continued on Shed No. 9.044) issued by: S. E. Romig, Director, Rates and Tariffs Effective: August 18, 2009 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 23 Attachment A Second Revised Sheet No. 9.044 FLORIDA POWER & DIGHT COMPANY Cancels First Sheet No. 9.044 (Continued from Sheet No. 9.043) 17.2 Due Authorization, No Approvals, No Defaults, etc. Each of the execution, delivery and performance by the QS of this Contract has been duly authorized by all necessary action on the part of the QS,, does not require any approval, except as has been heretofore obtained, of the (shareholders, partners, or others, as applicable) of the QS or any consent of or approval from any trustee, lessor or holder of any indebtedness or other obligation of the QS, except for such as have been duly obtained, and does not contravene or constitute a default under any law, the (articles of incorporation, bylaws, or other as applicable) of the QS, or any agreement, judgment, injunction, order, decree or other instrument binding upon the QS, or subject the Facility or any component part thereof to any lien other than as contemplated or permitted by this Contract. This Contract constitutes QS's legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, except as such enforceability may be limited by applicable bankruptcy laws from time to time in effect that affect creditors' rights generally or by general principles of equity (regardless of whether such enforcement is considered in equity or at law). 17.3 Compliance with Laws The QS has knowledge of all laws and business practices that must be followed in performing its obligations under this Contract. The QS is In compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material adverse effect on the QS or FPL. 17.4 Governmental Approvals Except as expressly contemplated herein, neither the execution and delivery by the QS of this Contract, nor the consummation by the QS of any of the transactions contemplated thereby, requires the consent or approval of, the giving of notice to, the registration with, the recording or filing of any document with, or the taking of any other action in respect of governmental authority, except in respect of permits (a) which have already been obtained and are in full force and effect or (b) are not yet required (and with respect to which the QS has no reason to believe that the same will not be readily obtainable in the ordinary course of business upon due application therefore). 17.5 No Suits, Proceedings There are no actions, suits, proceedings or investigations pending or, to the knowledge of the QS, threatened against it at law or in equity before any court or tribunal of the United States or any other jurisdiction which individually or in the aggregate could result in any materially adverse effect on the QS's business, properties, or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligations tinder this Contract. The QS has no knowledge of a violation or default with respect to any law which could result in any such materially adverse effect or impairment. The QS is not in breach of, in default under, or in violation of, any applicable Law, or the provisions of any authorisation, or in breach of, in default under, or in violation of, or in conflict with any provision of any promissory note, indenture or any evidence of indebtedness or security therefore, lease, contract, or other agreement by which it is bound, except for any such breaches, defaults, violations or conflicts which, individually or in the aggregate, could not reasonably be expected to have a material adverse effect on the business or financial condition of Buyer or its ability to perform its obligations hereunder. 17.6 Environmental Matters 17.6.1 QS Representations To the best of its knowledge after diligent inquiry, the QS knows of no (a) existing violations of any environmental laws at the Facility, including those governing hazardous materials or (b) pending, ongoing, or unresolved administrative or enforcement investigations, compliance orders, claims, demands, actions, or other litigation brought by governmental authorities or other third patties alleging violations of .any environmental law or permit which would materially and adversely affect the operation of the Facility as contemplated by this Contract. 17A.2 Ownership and Offering For Sale Of Renewable Energy Attributes The QS retains any and all rights to own and to sell any and all environmental attributes associated with the electric generation of the Facility, including but not limited to, any and all renewable energy certificates, ')green tags" or other tradable environmental interests (collectively "RECe), of any description. (Contvmed on Sheet No. 9.045) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: August,18,'2009 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 24 Attachment A Third Revised Sheet No. 9.045 FLORIDA POWER & LIGHT COMPANY Cancels Second Revised Sheet No. 9.045 (Continued from Sheet No. 9.044) 17.6.3 Changes in Environmental and Governmental Regulations V new environmental and other regulatory requirements emitted during the term of the Contract change FPL's full avoided cost of the unit an which the Contract is based, either party can elect to have the contract reopened. 17.71 merconneetioNVAccling Agreement The QS has executed an interconnection agreement with FPL, or represents or warrants that it has entered into a valid and enforceable Interconnection Agreement with the utility in whose service territory the Facility is located, pursuant to which the QS assumes contractual responsibility to make any and all transmission -related arrangements (including control arca services) between the QS and the transmitting utility for delivery of the Facility's capacity and energy to FPL 17.8 Technology and Generator Capabilities That for the term of this Contract the Technology and Generator Capabilities table set forth in Section 1 is accurate and complete. 18. General Provisions 18.1 Project Viability To assist FPL in assuring the QS's financial and technical viability, the QS shall provide the information and documents requested in Appendix D or substantially similar dosvmens, to the extent the documents apply to the type of Facility covered by this Context, and to the extent the documents are available. All documents to be considered by FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents may result in a determination of nun -viability by FPI- 18.2 PL18.2 Permits, Site Control The QS hereby agrees to obtain and maintain Permits which the QS is required to obtain as a prerequisite to engaging in Ute activities specified in this Contrast. QS shall also obtain and maintain She Control for the Term of the Contract 18.3 Project Management 18.3 .1 If requested by FPL, the QS shall submit to FPL its integrated project schedule for FPL's review within sixty calendar cloys from Use execution of this Contract, and a start-up and test schedule for the Facility at least sixty calendar days prior to start-up and testing of she Facility. These schedules shall identify key licensing, permitting, construction and operating milestone dates and activities. V requested by FPI, the QS shall submit progress reports in a form satisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPI. of arty changes in such schedules within ten calendar days atter such changes are determined. FPL shall have the right to monitor the cor sWetion, start-up and testing ofthe Facility, either on-site or off- site. F'PL's technical review and inspections of the Facility and resulting requests, if any, shall not be construed as endorsing the design thereof or as airy warranty as to the safety, durability or reliability of the Facility. 18.3.2 The QS shall provide FPL with the final desigmer'shnanufecturer s generator capability curves, protective relay types, proposed protective relay settings, main one -line diagrams, protective relay functional diagrams, and altcmating current and direct current elementary diagrams for review and inspection at FPL no later than one hundred eighty calendar days prior to the initial symbronizatien date. I 9 Assignment This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective successors and assigns. This Agreement shall not be assigned or transferred by either Party without the prior written consent of the aha party, such consent to be granted or withheld in such other Party's sok discretion. Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an assignment and shall require the prior written consent of FPL. Notwithstanding the foregoing, either Parry may, without the consent of the other Party, assignor transfer this Agireement: (a) to any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsrbk for FPL's reasonable costs and expenses associated with the review, negotiation, execution anddelivery cu delivery ofarry documents or information pursuant to such collateral assignment, including reasonable attorneys' fees (b) to an affiliate of such Party, prorlded. that such affiliates creditworthiness is equal to or better than that of such Party (and in no event les; than Investment Grade) as determined reasonably by the Iron -assigning or nen-tmmferting Parry and; provided, father, that any such afliste shall agree in writing to be bound by and to assume the tams and conditions hereof and any and all obligations to the non -assigning or non -transferring Party arising or accruing hereunder from and after the date of such assumption 'Investment Grade' means BBB- or above from Standard de Pools Corporation or Baal or above from Moodys Investor Services. 18.$ Disclaimer In executing this Contract, FPL does not, nor should it be construed, to extend its credit or financial support for the benefit of arty third parties tending money to or having other transactions with the QS or any assignee of this Contract (Continued on Sheet?,[*. 9.046) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 �aH ORDER NO, PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 25 Attachment A First Revised sheet No. 9.046 FLORIDA POWER & LIGHT COMPANY Canceh Original Sheet No. 9.046 (Continued from Sheet No. 9.045) 18.6 Notification All formal notices relating to this Contract shall be deemed duty given when delivered in person. or sent by registered or certified mail, or sent by fax if followed immediately with a copy sem by registered or certified mail, to the individuals designated below. The Parties designate the following individuals to be notified or to whom payment shall be sent until such time as either Party furnishes the other Party written instructions to contact another individual: For the QS: For FPL: Florida Power & Light Company 700 Universe Boulevard Juno Beech, FL 33408 Ann: EMT Contracts Department This signed Contract and all related documents may be presented no earlier than 8:00 a.m. on the effective date of the Standard Offer Contract, as determined by the FPSC. Contracts and related documents may be mailed to the address below or delivered during normal business hours (8:00 am. to 4:43 p.m.) to the visitors' entrance at the address below: Florida Power & Light Company 700 Universe Boulevard, luno Beach, FL 33408 Attention Contracts Manager/Coordinator EMT Contracts Department 18.7 Applicable Law This Contract shall be construed in accordance with and governed by, and the rights of the Parties shall be construed in accordance with, the laws of the State of Florida as to all matters, including but not limited to matters of validity, construction, effect, performance and remedies, without regard to conflict of law rules thereof. 18.8 Venue The Parties hereby irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida or, in, the event that jurisdiction for any matter cannot be established In the United Stites District Court for lite Southern District of Florida, in the state court for Palm Beach County, Florida, solely in respect of the interpretation and enforcement of the provisions of this Contract and of the documents referred to in this Contract, and in respect of the transactions contemplated hereby, and hereby waive, and aim not to assert, as a defense in any action, suit or proceeding for the interpretation or enforcement hereof or of any such document, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this Contract or any such document may not be enforced in or by such courts, and the Parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a court The Parties hereby consent to and grant any such court jurisdiction over the persons of such Panics solely for such purpose and over the subject matter of such dispute and agree that mailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 18.8 hereofor in such other manner as may be permitted by Law shall be valid and sufficient service thereof. (Continued on Sheet No. 9.047) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: October 4, 2011 'D 2-5 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 26 Attachment A First Revised Sheet No. 9.047 FLORIDA POWER& LIGHT COMPANY Cancels Original Sheet No. 9.047 (Continued from Sheet No. 9.046) 18.9. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONTRACT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Taxation In the event that FPL becomes liable for additional taxes, including interest and/or penalties arising from an Internal Revenue Service's determination, through audit, ruling or other authority, that FPL's payments to the QS for capacity under Options B, C, D. E or for energy pursuant to the Fixed Finn Energy Payment Option D are not fully deductible when paid (additional tax liability), FPL may bill the QS monthly for the costs, including carrying charges, interest and/or penalties, associated with the fad that all or a portion of these capacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may offset these costs against amounts due the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the entire capacity payments had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Service's determination, the decision as to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rat exclusively with FPL. 18.11 Severability If any pan of this Contract, for any reason, is declared invalid, or unenforceable by a public authority of appropriate jurisdiction, then such decision shall not affect the validity of the remainder of the Contract, which remainder shall remain in fora and effect as if this Contract had leen executed without the invalid or unenforceable portion. 18.12 Complete Agreement and Amendments All previous communications or agreements between the Parties, whether verbal or written, with reference to the subject matter of this Contract are hereby abrogated. No amendment or modification to this Contract shall be binding unless it shall be set forth in writing and duly executed by both Panics. This Contract constitutes the entire agreement between the Parties. 18.13 Survival of Contract This Contract, as it may be amended from time to time, shall be binding upon, and inure to the benefit of, the Panics' respective successors -in -interest and legal representatives. 18.14 Record Retention The QS agrees to retain for a period of five (5) years from the date of termination hereof all records relating to the performance of its obligations hereunder, and to cause all QS Entities to retain for the same period all such records. 18.15 No Waiver No waiver of any of the terms and conditions of this Contract shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given. The failure of a Patty to insist, in any instance, on the strip performance of any of the terms and conditions hereof shall not be construed as a waiver of such Party's right in the future to insist on such strict performance. (Continued on Sheet No. 9.049) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 27 Attachment A First Revised Sheet No. 9.0-48 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.048 (Continued from Suet No. 9.047) 18.16 Set -Off FPL may at any time, but shall be under no obligation to, set off any and all sums due from the QS against sums due to the QS hereunder. 18.17 Assistance With FPL's evaluation of F[N 46R Accounting rules set forth in Firmncial Accounting Standards Board interpretation No. 46 (Revised December 2003) CFIN 46R'7, as well as future amendments and interpretations of those rules, may require FPL to evaluate whether the QS must be consolidated, as a variable interest entity (as defined in FIN 46R), in the consolidated financial statements of FPL. The QS agrees to fully cooperate with FPL and make available to FPL all financial data and other information, as deemed necessary by FPL, to perform that evaluation on a timely basis at inception of the PPA and periodically as required by FIN 46R. If the result of an evaluation under FIN 46R indicates that the QS must be consolidated in the financial statements of FPL, the QS agrees to provide financial statements, together with other required information, as determined by FPL, for inclusion in disclosures contained in the footnotes to the financial statements and in FPL's required filings with the Securities end Exchange Commission CSEC'). The QS shall provide this information to FPL in a timeframe consistent with FPL's earnings release and SEC filing schedules, to be 'determined at FPL's discretion. The QS also agrees to fully cooperate with FPL and FPL's independent auditors in completing an assessment of the QS's internal controls as required by the Sarbanes-Oxley Act of 2002 and in performing any audit procedures necessary for the independent auditors to issue their opinion on the consolidated financial statements of FPL. FPL will treat any information provided by the QS in satisfying Section 18.17 as confidential information and shall only disclose such information to the extent required by accounting and SEC rules and any applicable laws. IN WITNESS WHEREOF, the QS and FPL executed this Contract this day of WITNESS: FLORIDA POWER & LIGHT COMPANY Date WITNESS: (QS) Date Issued by: S. E. Romig, Director, Rates and Tariffs Effective: duly 29, 2008 -D ;Z1 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 28 Attachment A Sixth Revised Sheet No. 10.300 FLORIDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10300 RATE SCHEDULE QS -2 APPENDIX A TO THE STANDARD OFFER CONTRACT STANDARD RATE FOR PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERGY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS SCHEDULE QS -2, Firm Capacity and Energy AYAILABLE The Company will, under the provisions of this Schedule and the Company's "Standard Offer Contract for the Purchase of Finn Capacity and Energy from a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW or less^ ("Standard Offer Contract"), purchase firm capacity and energy offered by a Renewable Energy Facility specified in Section 366.91, Florida Statutes or by a Qualifying Facility with a design capacity of 100 KW or less as specified in FPSC Rule 25-17- 0832(4) and which is either directly or indirectly interconnected with the Company. Both of these types of facilities shall also be referred to herein as Qualified Seller or "QS". The Company will petition the FPSC for closure upon any of the following as related to the generating unit upon which this standard offer contract is based i.e. the Avoided Unit: (a) a request for proposals (RFP) pursuant to Rule 2S-22.082, F.A.C., is issued, (b) the Company files a petition for a need determination or commences construction of the Avoided Unit when the generating unit is not subject to Rule 25.22.082, F.A.C., or (c) the generating unit upon which the standard offer contract is based is no longer part ofthe utility's generation plan, as evidenced by a petition to that effect filed with the Commission or by the utility's most recent Ten Year Site Plan. APPLICABLE To Renewable Energy Facilities as specified in Section 366.91, Florida Statutes producing capacity and energy from qualified renewable resources for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract". Firm Renewable Capacity and Renewable Energy are capacity and energy produced and sold by a QS pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. To Qualifying Facilities (QF"), with a design capacity of 100 KW or less, as specified in FPSC Rule 25-17.0832(4)(a) producing capacity and energy for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract", Firm Capacity and Energy are described by FPSC Rule 25-17.0832, F.A.C, and are capacity and energy produced and sold by a QF pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of delivery. CHARACTER OF SERVICE Purchases within the territory served by the Company shall be, at the option of the Company, single or three phase, 60 hertz alternating current at any available standard Company voltage. Purchases from outside the territory served by the Company shall be three phase, 60 hertz alternating current at the voltage level available at the interchange point between the Company and the entity delivering the Firm Energy and Capacity from the QS. LIMITATION Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.091, F.A.C., and 25-17.200 through 25-17.310 F.A.0 and are limited to those Facilities which: A. Commit to commence deliveries of firm capacity and energy no later than the in -swine date of the Avoided Unit, as detailed in Appendix 11, and to continue such deliveries for a period of at least 10 years up to a maximum ofthe life ofthe avoided unit; B. Are not currently under contract with the Company or with any other entity for the Facility's output for the period specified above (Contimmd on Sheet No. 10.301) Issued by: & E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 29 Attachment A SevetttlrE' hih evised Sheet No. 10.301 FLORIDA POWER & LIGHT COMPANY Canccls .QA-4hfiev1nthRevised Sheet No. 10.301 (Continued from Sheet No. 10.300) RATES FOR PURCHASES BY TH E COMPANY Firm Capacity and Energy are purchased at a unit cost, in dollars per kiloumn per month and cents .per kilowatt-hour, respectively, based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has na d an nitentative have been designated by the Company, and isare detailed in Appendix It to this Schedule. Appendix I to this Schedule describes the methodology used to calculate payment schedules, applicable to the Company's Standard Offer Contract filed and approved pursuant to Section 366.91, Florida Statutes and to FPSC Rules 25.17.032 through 25-17.091, F.A.0 and 25-17.200 through 25- 17.310,F.A.C. A. Firm Capacity Rates Options A through E are available for payment of firm capacity which is produced by a QS and delivered to the Company. Once selected, an option shall remain in effect for the term of the Standard Offer Contract with the Company. A payment schedule. for the normal payment option as shown below. contains the monthly rate per kilowatt of Finn Capacity which the QS has contractually committed to deliver to the Company and is based on a contract term which extends ten (10) years beyond the in-service date of the Avoided Unit. Payment schedules for other contract terms, as specified in Appendix E, will be made available to any QS upon request and may be calculated based upon the methodologies described in Appendix I. The currently approved parameters used to calculate the schedule of payments arc found in Appendix Il to this Schedule. Adjustment to Capacity Payment The firm capacity rates will be adjusted to reflect the impact that the location of the QS will have on FPL system reliability due to constraints imposed on the operation of FPL transmission tie lines. Appendix 111 shows, for illustration purposes, the factors that would be used to adjust the firm capacity rate for different geographical areas. The actual adjustment would be detennined on a case-by-case basis. The amount of such adjustment, as well as a binding contract rate for firm capacity, shall be provided to The QS within sixty days of FPL execution of the signed Standard Offer Contract. Option A - Fixed Value of Deferral Payments - Normal Capacity Payment schedules under this option are based on the value of a single year purchase with an in-service date of the Avoided Unit, as described in Appendix 1. Once this option is selected, the current schedule of payments shall remain fixed and in effect throughout the term of the Standard Offer Contract. (Continued on Sheat No, 10.302) Issued by: S. E. RomigTTffany Cohen, Director, Rates and Tariffs Effective: 3une 25,2013 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 30 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 10.301) Option B - Fisted Value of Deferral Payments - Early Capacity Attachment A Sheet No. IU302 Payment schedules under this option are based upon the early capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit provided; however, that under no circumstances may payments begin before the QS is delivering firm capacity and energy to the Company pursuant to the temms of the Standard Offer Contract. When this option is selected, the capacity payments shall be made monthly commencing no earlier than the Capacity Delivery Date ofthe QS and calculated cuing the methodology shown on Appendix 1. The QS shall select the month and year in which the deliveries of firm capacity and energy to the Company are to commence and capacity payments are to start. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term ofthe Standard Offer Contract as specified in Appendix E. Option C - Fixed Value of Deferral Payment - Levelized Capacity Payment schedules under this option are based upon the levelized capital cost component of the value of a year - by -year deferral of the Company's Avoided Unit. The capital portion of capacity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix 1. The fixed operation and maintenance portion ofthe capacity payments shall be equal to the value ofthe year - by -year deferral of fixed operation and maintenance expense associated with the Company's Avoided Unit. The methodology used to calculate this option is shown in Appendix 1. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the tern ofthe Standard Offer Contract as specified in Appendix E. Option D - Fixed Value of Deferral Payment - Early LevAized Capacity Payment schedules under this option are based upon the early levelized capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit. The capital portion of the capacity payments under this option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix 1. The fixed operation and maintenance expense shall be calculated as shown in Appendix 1. At the option of the QS, payments for early levelized capacity shall commence at any time before the anticipated in- service date of the Company's Avoided Unit as specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard Offer Contract. The Company will provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the term 6f the Standard Offer Contract as specified in Appendix E. Option E — Flexible Payment Option Payment schedules under this option are based upon a payment stream elected by the QS consisting of the capital component of the Company's avoided unit. Payments can commence at any time after the actual in-service date`of the QS and before the anticipated in-service date of the utility's avoided unit, as specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the terns ofthe Standard Offer Contract. Regardless of the payment stream elected by the QS, the cumulative present value of capital cost payments made to the QS over the term ofthe contract shall not exceed the cumulative present value ofthe capital cost payments which would have been made to the QS had such payments been made pursuant to FPSC Rule 25- 17.0832(4)(g)l, F.A.C. Fixed operation and maintenance expense shall be calculated in conformance with Rule 25-17.0832(6),F.A.C. The Company will provide the QS with a schedule of capacity payment rates based on the information specified in Appendix E. (Continued on Shat No. 10303) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22,2007 --D3b ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 31 Attachment A Sixth Revised Sheet No. 10.303 FLORIDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10.303 (Continued from Sheet No.10.302) B. jrnerryRates (l) Payments Associated with As -Available Enerey Costs prior to the In -Service pate of the Avoided Unit. Options A or B are available for payment of energy which is produced by the QS and delivered to the Company prior to the in-service date of the Avoided Unit. The QS shall indicate its selection in Appendix E, Once selected; an option shall remain in effect for the term of the Standard Offer Contract with the Company. Option A — Energy Payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (f/KWh), shall be based on the Company's actual hourly avoided energy costs which are calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. Avoided energy costs include incremental fuel, identifiable operation and maintenance expenses, and an adjustment for line losses reflecting delivery voltage. The calculation of the Company's avoided energy costs reflects the delivery of energy from the region of the Company in which the Delivery Point of the QS is located. When economy transactions take place, the incremental costs are calculated as described in FPL's Rate Schedule COG -1. The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each hout's avoided energy cost times the purchases of energy from the QS by the Company for that lour. All purchases of energy shall be adjusted for losses Brom the point of metering to the Delivery Point. Option B —Energy Payments based on the year by year projection of As -Available energy costs The energy rate, in cents per kilowatt -how (f/KWh), shall be based on the Company's year by year projection of system incremental fuel costs, prior to hourly economy sales to other utilities, based on normal weather and fuel market conditions (annual As -Available Energy Cost Projection which are calculated by the Company in accordance with FPSC Rule 25.17.0825, F.A.C. and with FPSC Rule 25-17.250(6) (a) F.A.C.) plus a fuel market volatility risk premium mutually agreed upon by the utility and the QS. Prior to the start of each applicable calendar year, the Company and the QS shall mutually agree on the fuel market volatility risk premium for the following calendar year, normally no later than November 15. The Company will provide its projection of the applicable annual As -Available Energy Cost prior to the start of the calendar year, normally no later than November 15 of each applicable calendar year. In addition to the applicable As -Available Energy Cost projection the energy payment will include identifiable operation and maintenance expenses, an adjustment for line losses reflecting delivery voltage and a factor that reflects in the calculation of the Company's Avoided Energy Costs the delivery of energy "from the region of the Company in which the Delivery Point ofthe QS is located. The calculation of payments to the QS shall be based on the sum, over all hours of the billing period, of the product of each hour's applicable Projected Avoided Energy Cost times the purchases of energy from the QS by the Company for that hour. All purchases of energy shall be adjusted for losses from the point of metering to the Delivery Point. (2) Payments Associated with Applicable Avoided Energy Costs after the In -Service Dateof the Avoided_ Unit, Option C is available for payment of energy which is produced by the QS and delivered to the Company after the in-service date of the avoided unit. In addition, Option D is available to the QS which elects to fit a portion of the firm energy payment. The QS shall indicate its selection of Option D in Appendix E, once selected, Option D shall remain in effect for the tern of the Standard Offer Contract. Option C- Enerev Payments based on Actual Enerev Costs startine on the in-service dw of theAvoided Unit. as detailed in Appendix 11. The calculation of payments to the QS for energy delivered to FPL on and after the in-service date of the Avoided Unit shall be the sum, over all hours of the Monthly Billing Period, of the product of (a) each hour's firm energy rate ($/KWh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during that hour. (Continued on Sheet No. 10.304) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 X3 1 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 32 Attachment A Eighth Revised Sheet No. 10.304 FLORIDA POWER & LIGHT COMPANY Cancels Seventh Revised Sheet No. 10304 (Continued from Sheet No. 10303) For any Dispatch dour the firm energy rate shall be, on an hour -by -hour basis, the Company's Avoided Unit Energy Cost. For any other period during which energy is delivered by the QS to FPL, the firm energy rate in cents per kilowatt hour (O/KWh) shall be the following on an hour -by -hour basis: the lesser of (a) the as -available, energy rate calculated by FPL in accordance with FPSC Rule 25-17.0825, FAC, and FPL's Rate Schedule COG -1, as they may each be amended from time to time and (b) the Company's Avoided Unit Energy Cost. The Company's Avoided Unit Energy Cost, in cents per kilowatt-hour (¢/KWh) shall be defined as the product of: (a) the fuel price in S/mmBTU as determined from gas prices published in Platts Inside FERC Gas Market Report, first of the month posting for Florida Gas Transmission Zone 3, plus all charges, surcharges and percentages that are in effect from time to time for service under Gulfstream Natural Gas System's Rate Schedule FTS; and (b) the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will be escalated based on the actual Producer Price Index. All energy purchases shall be adjusted for losses from the point of metering to the Delivery Point. The calculation of the Company's avoided energy cost resects the delivery of energy from the geographical area of the Company in which the Delivery Point of the QS is located. Option D- Fixed Firm Enerpv Payments Starting as early as the In -Service Dale ofthp OS Facility The calculation of payments to the QS for energy delivered to FPL may include an adjustment at the election of the QS in order to implement the provisions of Rule 25-17.250 (6) (b), F.A.C. Subsequent to the determination of full avoided cost and subject to the provisions of Rule 25-17.0832(3) (a) through (d), F.A.C., a portion of the base energy costs associated with the avoided unit, mutually agreed upon by the utility and renewable anergy generator, shall be fixed and amortized on a present value basis over the term of the contract starting, at the election of the QS, as early as the in-service date of the QS. "Base energy costs associated with the avoided unit means the energy costs of the avoided unit to the extent the unit would have operated. The portion of the base energy costs mutually agreed to by the Company and the QS shall be specified in Appendix E. Tice Company will provide the QS with a schedule of "Fixed Energy Payments" over the term of the Standard Offer Contract based on the applicable information specified in Appendix E. ESTIMATED AS -AVAILABLE ENERGY COST As required in Section 25-17.0832, F.A.C. as -available energy cost projections until the in-service date of the avoided unit will be provided within 30 days of receipt by FPL of a written request for such projections by any interested person. ESTIMATED UNIT FUEL COST As required in Section 25-17.0832, F.A.C. the estimated unit fuel costs associated with the Company's Avoided Unit and based on current estimates of the price of natural gas will be provided within 30 days of a written request for such an estimate. (Continued on Sheet No. 10.305) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 TJ 32 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 33 Attachment A Sixth Revised Sheet No. 10.305 FLORIDA POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10305 (Continued from Shat No. 10.304) DELIVERY VOLTAGE ADJUSTMENT Energy payments to a QS within the Company's service territory shall be adjusted according to the delivery voltage by the multipliers provided in Appendix II. PERFORMANCE CRITERIA Payments for Finn Capacity are conditioned on the QS's ability to maintain the following performance criteria: A. Caoa£ity Delivery Date The Capacity Delivery Date shall be no later than the projected in-service date of the Company's Avoided Unit, as detailed in Appendix I1. B. Availability and Caoatity Factor The Facility's availability and capacity factor are used in the determination of firm capacity payments through a performance based calculation as detailed in Appendix 8 to the Company's Standard Offer Contract. METERING REOUIREMENTS A QS within the territory served by the Company shall be required to purchase from the Company hourly recording meters to measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Company shall be measured as the quantities scheduled for interchange to the Company by the entity delivering Firm Capacity and Renewable Energy to the Company. For the purpose of this Schedule, the on -peak hours shall be those hours occurring April 1 through October 31 Mondays through Fridays, from 12 noon to 9:00 pm. excluding Memorial Day, Independence Day and Labor Day; and November 1 through March 31 Mondays through Fridays from 6:00 am. to 10:00 am. and 6.00 p.m. to 10:00 p.m. prevailing Eastern time excluding Thanksgiving Day, Christmas Day, and New Years Day.. FPL shall have the right to change such On -Peak Hours by providing the QS a minimum of thirty calendar days' advance written notice. BILLING OPTIONS A QS, upon entering into a Standard Offer Contract for the sale of firm capacity and energy or prior to delivery of as -available energy, may elect to make either simultaneous purchases from and sales to the Company, or net sales to the Company; provided, however, that no such arrangement shall cause the QS to sell more than the Facilitys net output. A decision on billing methods may only be changed: 1) when a QS selling as -available energy enters into a Standard Offer Contract for the sale of firm capacity and energy; 2) when a Standard Offer Contract expires or is lawfully terminated by either the QS or the Company; 3) when the QS is selling as -available energy and has not changed billing methods within the last twelve months; 4) when the election to change billing methods will not contravene this Teriffor the contract between the QS and the Company. If a QS elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance written notice to the Company; 2) the installation by the Company of any additional metering equipment reasonably required to effect the change in billing and upon payment by the QS for such metering equipment and its installation; and 3) upon completion and approval by the Company of any aheration(s) to the interconnection reasonably required to effect the change in billing and upon payment by the QS far such alteration(s). Payments due a QS will be made monthly and normally by the twentieth business day following the end of the billing period. The kilowatt-hours sold by the QS and the applicable avoided energy rates at which payments are being made shall accompany the payment to the QS. A statement covering the charges and payments due the QS is rendered monthly, and payment normally is trade by the twentieth business day following the end of the billing period. (Continued on Sheet No. 10.306) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 'p 33 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 34 Attachment A Seventh Revised Sheet No. 10.306 FLORIDA POWER & LIGHT COMPANY Cancels Sixth Revised Sheet No. 10.306 (Continued from Sheet No. 10305) CHARGES TO ENERGY FACILITY The QS shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Commission, including, but not limited to: A. CustomerCharaes: Monthly customer charges for meter reading, billing and other applicable administrative costs as per applicable Customer Rate Schedule. Intereonn tion Charge for Non -Variable Utility ExPenses The QS shall bear the cost required for interconnection, including the metering. The QS shall have the option of (i) payment in full for the interconnection costs including the time value of money during the construction of the interconnection facilities and providing a Bond, Letter of Credit or comparable assurance of payment acceptable to the Company adequate to cover the interconnection cost estimates, (ii) payment of monthly invoices from the Company for actual costs progressively incurred by the Company in installing the interconnection facilities, or (iii) upon a showing of credit worthiness, making equal monthly installment payments over a period no longer than thirty-six (36) months toward the full cost of interconnection. In the latter case, the Company shall assess interest at the rate then prevailing for thirty (30) day highest grade commercial paper, such rate to be specified by the Company thirty (30) days prior to the date of each installment payment by the QS. C. Interconnection Charge for Variable Utility Expenses The QS shall be billed monthly for the variable utility expenses associated with the operation and maintenance of the interconnection facilities. These include (a) the Company's inspections ofthe interconnection facilities and (b) maintenance of any equipment beyond that which would be required to provide normal electric service to the QS if no sales to the Company were involved. In lieu of payment for actual charges, tate QS may pay a monthly charge equal to a percentage of the installed cost of the interconnection facilities as provided in Appendix II. D. Taxes and Assessments In the event that FPL becomes liable for additional taxes, including intenst and/or penalties arising fioin an Intemal Revenue Service's determination, through audit, ruling or other authority, that FPL's payments to the QS for capacity under options B. C, D, E or for energy pursuant to the Fixed Firm Energy Payment Option D are not fully deductible when paid (additional tail liability), FPL may bill the QS monthly for the costs, including carrying charges, interest and/or penalties, associated with the fact that all or a portion of these capacity payments are not currently deductible for federal and/or state income tax purposes. FPL, at its option, may offset these costs against amounts due the QS hereunder. These costs would be calculated so as to place FPL in the same economic position in which it would have been if the entire early, levelized or early levelizcd capacity payments or the Fixed Firm Energy Payment had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue Service's determination, the decision as to whether the appeal should be made through the administrative or judicial process or both, and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL. (Continued an Sheet No. 10307) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25,2013 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 35 III gs1:+11.1;01UA i_a_111"i11<Yrlu11[.1m (Continued from Suet No. 10.306) TERMS OF SERVICE Attachment A beeet NO. 1uJu7 (1) it shall be the QS's responsibility to inform the Company of any change in its electric generation capability. (2) Any electric service delivered. by the Company to a QS located in the Company's service area shall be subject to the following terms and conditions: (a) A QS shall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. (b) A security deposit will be required in accordance with FPSC Rules 25-17.082(5) and 25-6.097, F.A.C., and the following: (i) In the first year of operation, the security deposit should be based upon the singular month in which the QS's projected purchases from the Company exceed, by the greatest amount, the Company's estimated purchases from the QS. The security deposit should be equal to twice the amount of the difference estimated for that month. The deposit is required upon interconnection. (ii) For each year thereafter, a review of the actual sales and purchases between the QS and the Company will be conducted to determine the actual month of maximum difference. The security deposit should be adjusted to equal twice the greatest amount by which the actual monthly purchases by the QS exceed the actual sales to the Company in that month. (c) The Company shalt specify the point of interconnection and voltage level. (d) The QS must enter into an interconnection agreement with the Company which will, among other things, specify safety and reliability standards for the interconnection to the Company's system. In most instances, the Company's filed Interconnection Agreement for Qualifying Facilities will be used; however, special features of the QS or its interconnection to the Companys facilities may mquine modifications to this Interconnection Agreement or the safety and reliability standards contained therein. (3) Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public Service Commission. SPECIAL PROVISIONS (1) Special contracts deviating from the above standard rate schedule are allowable provided the Company agrees to them and they are approved by the Florida Public Service Commission., Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 'b 3 5 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 36 Attachment A PL JMVA rV WbK i t LKitt l L:VMYAIy T vngmai bneet no. iu.sua APPENDIX I TO RATE SCHEDULE QS -2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY_ Appendix 1 provides a detailed description of the methodology used by the Company to calculate the monthly values of defttting or avoiding the Company's Avoided Unit identified in Schedule QS -2. When used in conjuration with the current FPSC-approved oast panund rs associated with the Company's Avoided Unit contained in Appendix 11, a QS may determine the applicable value of deferral capacity payment rale associated with the timing mrd operation of ifs particular facility should the QS enterinto a Standard Offer Contract with the Company. CALCULATION OF VALUE OF DEFERRAL OPTION A FPSC We 25-17.0832(5) specifics that avoided capacity costs, in dollars per kilowatt per mondi, associated with capacity sold to a utility by a QS pursuant to the Company's Standard Offer Contract shall be defined as the year -by -year value of deferral of dic Company's Avoided Unit The year -by - year value of deferral shall be the diffaimoe in revenue requirements associated with defetring the Company's Avoided Unit one year, and shall be calculated as follows: Where, for a one year defertal: VAC. - tra ys monthly value ofavoidcd capacity and O & he, in dollars per kilowatt per mottle, foreach month of year n; K = present value of carrying charges for one dollar of investment over L years with carrying charges computed using average annual rate base and assumed to be paid at Ute middle of each year and present valued to the middle of the fust year, R = (I+ip)/(1+5); 1, = total direct ad indircq cost, in mid -year dollars per kilowatt including AFUDC but excluding CWIP, of the Companys Avoided Unit with an krservice date of year n, including all identifiable and quantifiable casts relating to the coiutmetion of the Company's Avoided Unit which would lave been paid had the Unit been constructed: O total fixed operation and maintenance expense for the year ri, in midrycar dollars per kilowatt per year, of the Company's Avoided Unit; b around escalation rax associated with the plant cost of the Company's Avoided Unk(s); is = snnmel escalation rate associated with the operation and maintenance expose of the Company's Avoided Urigs); r annual discount rate, defuxd as the utility's incrernentat atter-tax cost of capital; L o expected life of the Companys Avoided Unit(s); and a n year for which the Company's Avoided Units) is (are) deferred stating with its (Uie'nr) original anticipated in-savice dates) and ending with the termination of the Companys Standard Offer Contract (Continued on Sheet No. 10.309) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 t-3� ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 37 FLORIDA POWER & LIGHT COMPANY Attachment A aaeet NO. luitri (Continued from Sheet No. 10.308) CALCrI/wAT10N OF FIXED VALUE OF DEFERRAL PAYMENTS -EARLY CAPACfiY-OPTION 8 Nomtauy, payments for film Capacity shall not commence until the in-service date of the Company's Avoided Unigs). Al the option of the QS. however, the Company may begin malting payments for early capacity consisting of the capital cost component of the value of a yen -by -year detest of the Company's Avoided Unit starting as early as the in-service daze of the QS facility. When such payments for early capacity arc dcetcd, the avoided capital cost component of capacity payments shah be paid monthly commencing no earlier than the Capacity Delivery Date of the QS, and shall be calculated as (I + ip }rm'u (1 + io'r-r/ A.=Ar 12 +Ao I2 form=Ito1 follows: Where: where: Am - monthly psyments to be made to the QS foreach month of the contiser yearn. in dollars per kilowatt per month in which QS delivers capacity pursuant to the early capacity option; k = manual escalation rate associated with the plant cost of the Company's Avoided Unigs); b - annual escalation rate associated with the operation and maintenance expense of the Company's Avoided UWKs): m year for which she fixed value of deraral payments under the early capacity option am made to a QS, starting in year one and dMing in the year l: t the tam, in years, ofthe Standard Offer Contract; A.= F I(I -RYP -R')I F - she cumulative present value, in the year that the contractual payments will begin, of theavoided I capital cost component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the Company's Avoided Unit(s); R n (I+iP)/(I+r) r = annual discount rete, defined as the Company's incremental aft -tax cost ofc*ud; and A. = C I (I - R)/(1 - R ')I whac G = The cumulative present value. in the year that the contractual payments will begh of the avoided fixed operation and maintenance expense component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the Company's AvoidtdUnit(s). R (I+in) /(I+r) The ermently approved parameters applicable to the formulas above we found in Appendix It. (Continued on Sheet No. 103 10) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 3 8 Attachment A rLV1UUA CVwr m at Lit." 1 GVMCAllY Vngmat aneet rvo. ru Jiu (Continued from Sheet No. 10.304) CALCULATIONOFFIXEDVALUEOFDEFERRALPAYMENTS-LEVELI EDAND -E-AftYLMT.UZUQ W.ACffY- OPTION C & OPTION D. RESPECTIYELY Monthly fixed value of deferral payments for levelized and early levelized capacity shall be calculated as follows: PL = F Xr + 0 12 1-(1+r)" Where: Pc = the monthly levelized capacity payment, starting on or prior to the in- service date ofthe Company's Avoided Unit(s); F = the cumulative present value, in the year that the contractual payments will begin, of the avoided capital cost component of the capacity payments which would have been made had the capacity payments not been levelized; r = the annual discount rate, defined as. the Company's incremental after-tax costofcapital; t the term, in years, of the Standard Offer Contract; O = the monthly fixed operation and maintenance component of the capacity payments, calculated in accordance with calculation of the fixed value of deferral payments for the levelized capacity or the early levelized capacity options. Issued by. S. E. Romig, Director, Rates and TAM& Effective: May 22, 2007 X343 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 39 FLORIDA POWER & LIGHT COMPANY APPENDIX tl Attachment A velfdil'hirtccnih Revised Sheet No. 10.311 CanccisisievenNtTAvelflh Revised Sheet No. 10.311 TO RATE, SCHEDULE QS -2 AVOIDED 1NI9=Pl.AN\ED POWER PIiRCILtSE INFORNl,%TION The Company's Avoided Unit has been determined to he nmhinMFCy`e1e-ii>;732$,�1\S'tiumn+er.Pnn•cr.Turchnse Acreement with tin in-service date orJune I. $0282019 and a contract heat me of(,+2931y Btutk\Vh. E.l'AMPI.I's STANDARD OFFER CONTRACT AVOIDED CAPACITY PAYMENTS FOR A CONTRACT TERM OF TEN YEARS FROM THE IN-SL'RVICIi DA'Z'E Ol I'HE AVOIDED UNIT WKW/MONTH) Option A Option B Option C Option D Contract Year Normal Capacity Early Capacity I.evelized Capacity Early Levelized Capacity Pavment Payment Paymcni Paymcm 202420 i 8 S —Q S 442-19_5 S --Q S 444= S — 2--62019 2.00 S 4 0` 7 S EM- S 4440.21 202G„0�2 $ --fit S 4440 S 0.23 - S 4,940_2i S — -ate 2029 021 S -- n $ 4rss0 S 4-9"!.-22 2022 S 0 S 0.23 S 0.21 2M S 0 SS a S 0.23 S 0.21 2024 S 0 S 0 S 4.23 S 0.21 2025 50 S 0.23 $ ._ 0.21 202¢ S 0 S 0 S 0.23 S 0.21 20ri_"_ S 0 S 0.23 S 0.21 2028 S 7.2A(1 S 444 S ".1.nn 23 S 4.940_21 2029 S 9,142 S 4.442 S F u# n.23 S 4442,21 2030 S 0 VA S 4,902 S gx±lz S 4794L21 2031 S 0 u4 S f.92 0 S &." 0_23 S 4442.21 2032 $ AA40 S 894 S 4__830 Ste° N S 5.29 S 841 S 494 2034 5 5:42 9 4:44 9 8:4 6 4&_i XM 4---w —Sri4 $�.' "' S 4.84 20?6 IS 8.84 S— 68 ter.."' 9-4:81 293; S 9,96 6 9.82 S 9.01 3=1:94 204. S 939 3--3:47 3 _8.01 S.-_, 4-94 - F-STIDIAT'F.B AS-AVAIIABLE ENERGY COST For informational purposes, the most recent estimated incremental avoided eneM casts for the next ten rears ii -ill be provided within thirty (30) days ofwritten request. F.ST'IMA'I'ED UNIT FUEL COST'S (SAM113(u): The most recent estimated unit fuel costs for the Company's avoided unit will be provided within thirty (30) days of written request. Issued by: S. E. Ro Tiffany Calton, Director, Rates and Tariffs Effective: --D3 ff ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 40 FLORIDA POWER&LIGHTCOMI1 ANV Attachment A Af"ixth Revised Sheet No. 10311.1 Cancels 44itif€hl iflh Sheet No.10.311.1 1'L+\SffhPO\\"I:RC'I:Rf"iIASP`Da>.GRFF�iF�TFINED%.U.UEOFDEFERRAI.P.tN';•IE\7S NORJIALCAPACITYOPTIO\ PAILAMETF.RS Where, lbr a one year deferral: Value VAC. = Company's value of avoided capacity and OR,M, fit doltais per kilovvntt per month, during month m; S;44fi2600 K = present value of cam ing charges for one dollar of bwcstmcnt over L years wilhcarrying charges computed using average aminal rate base and assumed to be paid at the middle of cath year and present valued to the middle of the first year: t L)?Sl l0 total direct and indirect cost, in mid -year dollars per kilooatt including AFUDC but excluding CWIP, of the Company's Avoided Unit with an in-scir icc date ofycam: S HBA O = total fixed operation and maintenance expense, for the yearn in mid -your dollars per kilowatt per year, ol'the Company's Avoided Unit: S l3 SiitiQ fa = annual escalation rate associated with the plant cost ofthc Company's Avoided Unit: 2.511;0 b = annual escalation rate nssociated with the operation and maintenance expense ofthe Company's Avoided knit; 2.50 r = annual discount rate. defined as the Company s incremental after-tax cost ofcapitai: ? 776010 L = expected life ofthe Compan.%s Avoided Unit: dal n = year for which the Company's Avoided Unit is deferred starting with its original anticipated in -sen ice %laic and ending with the tcnninadun of the Standard Offer Contract. 20-429Imo' FIXED VALUE OF DEFERRAL PAY.-NIFKI'S-FARIA' CAPACffl' OPTION PARA'-M-7ERS A. = monthly capacity payments to be made to the QS staning on the year the QS elects to start receiving early capacity ' payments, in dollars per kilowatt per month; it annual escalation rile associated with the phut cost ofthe Company's Avoided Unit: 2.S1M0 i, = annual escalation rate associated with dtc operation and maintenance expense orthe Company%Avoided Unit; 2.500.0 n = year for which early capacity payments to a QS arc to begin: (at the election ofthc QS carty capacity payments ' may Lrontmenee anytime after the actual in-service date ofthe QS facility and heforc the anticipated in-service date of dlc Company's avoided unit) F = the cumulative present Value of the avoided capital cost component of Capacity payments which would have been made had capacity payments commenced with the anticipated in-service date orthe Company's Avoided Unit and continued for a period of 10 years: 566,7,Q; A r= afoul discount rate, defined as the Company's incremental atierrlax cost ofcapftal; a-5.77.76% t = the tern, in years. of ncc Standard Offer Contract for the purchase of firm capacity commencing in the year the QS elects to start receiving early capacity payments prior to the in-scr�ice date of the Company s Avoided Unit. G the cumulative present vahic'ofthe avoided fixed operation and maintenance expense component of capacity payments which would have been made had capacity paymcnis commenced with the anticipated in-service date ofthe Company's Avoided Unit and continued for a period of 10 years. Si f3 �G3 tl From Appendix E Issued by: 8. `fiffanv Cohen, Director, Rates and Tariffs Effective: Februarry 194018 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 41 Attachment A FLORIDA POWER & LIGHT COMPANY Original Sheet No. 10.311.2 Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ��l APPENDIX II TO PATI?SCIIEDULE QS -2 2028AVOIDED UNIT t\FORJIATION The Company's Avoided knit has been determined to be a 1,7781SM Combined Cycle unit with an in-service date o(.lune 1, 2028 and it heat rate of6.293 Btulk%Vh, EXAMPLE STANDARD OFFER CONTRACT AVOIDED CAPACITY PAYMENTS 17011 A CONTRACT TERM OF'IT:N YEARS FROM THE IN-SERVICE DATE OF THE AVOIDED UNIT (S1KIVIMONT71I) Option A Option B Option C Option 1) Contract Ycar Nomad Capacity Early Capacity I cvclized Capacity Early Levelized Capacity payment Payment Payment Payment 2024 $ 0 $ 3.97 S 0 S 4.55 2025 S 0 S 4.07 S 0 S 4.55 2026 $ 0 S 4.17 S 0 S 4,55 2027 S 0 $ 418 5 0 S 4.55 2028 S 6.85 $ 4.38 S 7.SG S 4.55 2020 S 7.02 S 4.49 $ 7.56 S 4.55 2030 S 7.20 $ 4.61 S 7.56 S 4.55 20.31 $ 7.38 S 4.72 S 7.56 S 4.55 2032 S 7.56 S 4.84 S 7.56 S 4,55 2033 S 7.75 S 4.96 $ 7.56 S 4.55 2034 S 795 $ 5.08 S 7.56 S 4.55 2035 S 8.15 S 5.21 S 7.56 S 4.55 2036 $ 8.35 S 3.34 $ 7.56 S 4.55 2037 $ 8.56 $ 5.48 $ 7.56 S 4.55 2038 S 8.77 $ 5.61 S 7,56 S 4.55 ES77D1ATED AS -AV :AI LABLE EN ERG}' COST For infarmational purposes, the most recent estimated incremental avoided energy costs for the nest'ten years will be provided within thirty (30) days orwritten requesl. ESITIATED UNIT FUEL COSTS (SINENIBtu): The most recent estimated unit fuel costs for the Company's avoided unit will be provided within thirty (30) days ofwritten request. Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: ��l ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 42 FLORIDA POWER & LiGHT COMPANY Attachment A Original Sheet No. (0.311.3 Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: -�)4,,)- 2028 AVOIDED UNIT FIXED VALUE OF DEFERRAL PAYMENTS • NORNIAL CAPACITY OPTION PARANIETF.RS Where, for a one ycnr dcrcrral: YRiE VACm Company's valucof avoided capacity- and O&M. in dollars per kilowatt per nionlh, dorinp month an: 56.852 K present value ofcarrying chnrgcg for one dollar orinvesimeril over L yearg With cairrying charges Computed using nremp annual etc base and assumed to he paid at the middle orctch year and preseal valued to lite middle ofthe first year. 1.4413 1„ - total direct and indirect cost, in midyv_u dollars per kilowatt including AFVDC but excluding CWIP, orlhC Company's Avoided Unit with 8n in -survive data orycam: $822.98 O„ - total fixed operation and mnintenance expense. for the year n, in mid -year dollars per ldiowan peryear, of the Cornpany,c Avoided Unit: 515.28 it, = annual escalation rate associated with the plant cost ofthe Company's Avoided Unit: 2.50% io . natural escalation rate associated with the alienation and ntainlenancc expense ofihe Company's Avoided Unit; 250% r annual discount rate, defined as the Company's incremental after-tax mgt of capital: 7.76% 9. = expected life ofthc Company's Avoided Unit: 40 n = year for vvilich the Compatn's Avoided Unit is deferred starting with its original anticipated in-service date and ending vvilh the termination ofthe Standard OD'cr Contract. 2028 FIXED VALVE OI' DEFERRAL PAYMENTS- EYRLI' (:APA(7TV OPTION PARANIETERS Am = monthly capacity payments to be made to the QS starting on the year the QS ckog to slim receiving Carty capacity paymcnlx in dollars per kilowatt per month; it, = annual escalation rate associated with the plant cast of the Company's Avoided Unit. M01 ir, annual escalation rate ussoelated avith the operation and maintenance cxpvK+a ofthe Company's Avoided Unit: 2 i0 n R year for Which early capacity payments to a QS an to hcuin: (nt the cicefion orthe QS early capacity payanents ' rally commence anytima ager the actual in-servica date ofthe QS facility and before lite anticipated in-scn icc date ofthe Company's avoided unit) F the cumulative present value orthe avoided capital cost component ol'cupacity payments Which would have been madc had capacity payments commenced with die runieipated in-service date ofthe Company's Avoided Unit and continued for n period nl' 10 +'car;: 5615.50 r - mutual discount rule, defined as arc Company s incremental after -tux east orcaph nl: 7.76% I the term, in years. orthe Standard Olfcr Contract for the purchase of flat capacity commencing in the year die QS deals to start receiving Cart' capacity puyntents prior to the in sscrvice dale ortlie Cnrnpaayys Avoided Unit: 6 c lite cumulative present v'nluc orthe avoided fixed operation and maintenance expense component orcapacity pnyrnents+vhich would have been made had cnpncitypaymcnLs commenced with tine anticipated in-service date of the Company's Avoided Unit and continued for period of 10 ycars: S114 -IN *From Appendix L Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: -�)4,,)- ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 43 Attachment A Sixth Revised Sheet No. 10.312 FLORIDA. POWER & LIGHT COMPANY Cancels Fifth Revised Sheet No. 10.312 Issued by: S.E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 -D 43 VALUE OF CAPACITY LOCATION Scficren 0.944 rs 0,913 5� 0.945 cc 0.944 51, 0.927 AIN 0.938 AIR .930 RV 0.947 c0 0.941 FAI 0.983 PF;0,9% FL 1.000 TP 0.981 D FOR ILLUSTRATIVE PURPOSES OALY Issued by: S.E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 -D 43 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 44 Attachment A Second Revised Sheet No. 10.313 FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No.10.313 APPENDIX B TO THE STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM RENEWABLE ENERGY FACILITIES OR QUALIFYING FACILITIES WITH A DESIGN CAPACITY OF 100 KW OR LESS PAY FOR PERFORMANCE PROVISIONS MONTHLY CAPACITY PAYMENT CALCULATION 1. Mm" Capacity Payments (MCP) for each Monthly Belling Period shall be computed according to the following: A. In the event that the Annual Capacity Billing Factor ("ACBF'), as defined below, is less than 80%, chert no Monthly Capacity Payment shall be due. That is: MCP a o B. In the avant that the ACBF is equal to or greater than 80% but less than 94%, then the Monthly Capacity Payment shell be calculated by using the following foram lir MCP - BCP x [1+4x (ACBF-94%)] x CC C. In the event that the ACBF is equal to or greater clan 94% thea the Monody Capacity Payment shall be calculated by using the following PimtWa: MCP - BCP x CC Where: MCP Monthly Capacity Payment in dollars. BCP - Base Capacity Payment in SXW(Month as specified in FPL's Rate Schefide QS -2. CC Committed Capacity in KW. ACBF n Annual Capacity Billing Factor. This favor is calculated using the 12 months rolling average of the Monthly Capacity Factor. This 12 month rolling average shall be defined as the sum of the 12 consecutive Monthly Capacity Favors preceding the daze of calale@on, divided by 12. During the first 12 consecutive Monthly Billing Periods, commencing with the first Monthly Billing 'Period in vAkb Capacity payments arc to be made, the calculation of the Anna! Capacity Billing Favor shall be performed as Pillows: (a) during the first Monody Billing Period, the Annual Capacity Billing Factor shall be equal to the Monthly Capacity Favor, (b) thereafter, the calculation of the Annual Capacity Billing Factor shall be computed by dividing Me sum of the Monody Capacity Favors during the first yeafs Monody Billing Periods in which Capacity payments are to be made by the number of Monthly Billing Periods which have elapsed This calculation shall W performed at the end ereach Monthly Ogling Period until enough Monthly Billing Periods have elapsed to calculate a true 12•moath rolling average Annual Capacity Billing Factor. Periods during which the Facility has temporarily set its Committed Capacity equal to 0 KW due to a pores Majeure event pursuant to Section 16 shall be excluded Rom the applicable capacity favor calculation. MCF - Monthly Capacity Factor. The sum of (i) the Hourly Factors of the Non -Dispatch Hoots plus (ii) the Hourly Favors of the Dispatch Hours or the Hourly factors of the hours when FPL requested reduced deliveries pursuant to Sections 8.4.6 and 8.4.8 (Reduced Delivery Hour); divided by the number of hears in the Monthly Billing Period. HFNDH Hourly Factor era Non -Dispatch Hour. The energy received ging the hour divided by the Committed Capacity. For purposes of calculating the Hourly Favor of a Non -Dispatch Hour the energy received shall not exceed the Committed Capacity. HFDH Hourly Factor of a Dispatch Hour or a Reduced Delivery Hour. The scheduled energy received divided by the scheduled energy requested. For purposes of calculating the Hourly Factor are Dispatch Hour or the Hourly Factor era Reduced Delivery Hour the scheduled energy received shall not exceed the scheduled energy requested On -Peak Hours d Those hours occurring Apel 1 through October 31 Mondays through Fridays, from 12 noon to 9:00 p.m. excluding Memorial Day, Independence Day and Labor Day; and November I through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 am. and 6:00 p.m. to 10:00 p.m. prevailing Eastern time excluding Thanksgiving Day, Christmas bay and New Year's Day. FPL shall have the right to change such On- Peak Hours by providing Mie QS a minimum of thirty calendar days' advance notice. Monthly Billing The period beginning an the first calendar day of each calendar month, except that the initial Monthly Billing Period Period shall consist of the period beginning 12:01 a.m. on the Capacity Delivery Period Date and ending with the last calendar day of such month. Scheduled Energy and Dispatch Hours are as defined in Section 8.4.7 of the Standard Offer Comma Issued by: S. E, Romig, Director, Rates and Tariffs Effective: August 27, 2015 ORDER NO. PSC-2018-0316-PAA7EQ DOCKET NO. 20180083 -EQ PAGE 45 Attachment A VLUJU VA YUW bK & L14UH I I;VMYAN T singtitai `ineea No. iVJi4 APPENDIX C TO THE STANDARD OFFER CONTRACT TERMINATION FEE The Termination Fee shall be the sum ofthe values for each month beginning with the month in which the Capacity Delivery Date occurs through the mouth of termination (or month of calculation, as the case may be), computed according to the following formula: Termination Fee =Termination Fee applicable to Capacity Payment Option plus Termination Fet applicable to Fixed Firm Energy Option Termination Fee applicable to Capacity Pavirent Options B. C. D and E where: (MCP, - MCPci) x t" with: MCPCi = 0 for all periods prior to the in-service date of the Company's Avoided Unit; I = mmnber of the Monthly Billing Period commencing with the Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs =1; the month following the month in which Capacity Delivery Date occurs = 2; eta) n = the number of Monthly Billing Periods which have elapsed from the month in which the Capacity Delivery Date occurs through the month of termination (or month ofcalculation, as the csse may be) t = the future value of an amount factor necessary to compound a sum monthly so the annual percentage rate derived will equal FPL's incremental after-tax avoided cost of capital (defined as r in QS -2). For any Monthly Billing Period in which MCPCI Is greater than MCR. t shall equal 1. MCP, v Monthly Capacity Payment paid to QS corresponding to the Monthly Billing Period 4 calculated in accordance with Appendix B. MCPC, = Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period 1, calculated in accordance with QS -2 In the event that for any Monthly Billing Period, the computation of the value of the capacity Payment Termination Fee for such Monthly Billing Period (as set forth above) yields a value equal to or greater then zero, the amount of the Capacity Payment Terminadon Fee shall be increased by the amount of such value. In the event that for any Monthly Billing Period, the computation of the value of the Capacity Payment Termination Fee for such Monthly Billing Period (as set forth above) yields a value less thin aero, the amount of the Capacity Payment Termination Fee shall be decreased by the amount of such value expressed as a positive number (the "Initial Reduction Value"); provided, however, that such Initial Reduction Value shall be subject to the following adjustments (the Initial Reduction Value, as adjusted, the "Reduction Value"): a In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBF),'as defined in Appendix B is lass than 80%, then the Initial Reduction Value shall be adjusted to equal sero (Reduction Value = 0), and the Capacity Payment Termination Fee shall not be reduced for the applicable Monthly Billing Period b. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor (ACSF), as defined in Appendix B, is equal to or greater than 8VA but less than 979'a then the Reduction Value shall be determined as follows: Reduction Value =Initial Reduction Value x 10.04 x (ACBF- n)) For the applicable Monthly Billing Period, the Termination Fee shall be reduced by the amount of such Reduction Value. In no event shall FPL be liable to the QS at any time for any amount by which the Capacity Payment Termination Fee, adjusted in accordance with the foregoing, is less than sero (0). Termination Fee applicable to the Fixed Firm Enerin Payment Qgtinn.0 Prior to in-servioe date ofavoided unit The TerminatiortFee for the Fixed Firm Energy Option shall be equal to the emulative sum of the Fixed Firm Energy Payments made to the QS pursuant to Option D. starting with the in-sdvice date of the QS belly. for each billing cycle. Such nuirnber shall reach the maximum amount on the billing cycle immediately preceding the billing cycle associated with the in-service date of the Avoided Unit. After in-service date of avoided unit - The Termination Foe shall be decreased each billing cycle following the in-service date of the avoided unit by an amount equal to the difference between the pr*cted Fixed Energy Cost that was used in the calculation to determine the base energy cost to be fixed and amortized pursuant to Option D Por such billing cycle and the amortized Fired Firm Energy Payment in ceaWK WH times the energy delivered by the QS not to exceed the MWH block spewed in Appendix E. Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May22,2007 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 46 Attachment A FLORIDA POWER & LIC:HT C:UMPANY UnWrial Jneet No. 1U.315 APPENDIX D TO THE STANDARD OFFER CONTRACT DETAILED PROJECT INFORMATION Each eligible Contract received by FPL will be evaluated to determine if the underlying QS project is financially and technically viable. The QS shall, to the extent available, provide FPL with a detailed project proposal which addresses the information requested below. 1. FACILITY DESCRIPTION • Project Name • Project Location • Street Address • Site Plot Plan • Le gal Description ofSitc • Generating Technology • Facility Classification ( include types from statute) • Primary Fuel • _Alternate Fuel (if applicable) • Committed Capacity • Expected In -Service Date • Steam Host (for cogeneration facilities) • Street Address • Legal Description ofSteam Host • Host's annual steam requirements (lbstyr) • Contact Person • Individual's Name and Title • Company Name • Addnss • Telephone Number • Telecopy Number 11. PROJECT PARTICIPANTS • Indicate the entities responsible for the following project management activities and provide a detailed description of the experience and capabilities of the entities: • Project Development • Siting and Licensing the Facility • Designing the Facility • Constructing the Facility • Securing the Fuel Supply • Operating the Facility • Provide details on all electrical generation facilities which arc currently under construction or operational which were developed by the QS. • Describe the financing structure for the projects identified above, including the type of financing used, the permanent financing term, the major lenders, and the percentage o£equity invested at financial closing. (Continued on Sheet No. 10.316) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ---0- L4 � ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 47 FLORIDA POWER & LIGHT CUMPANY (Continued from Sheet No. 10.3M Ill. FUEL SUPPLY Attachment A sheet No. 10.310 • Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physical and chemical characteristics of each fuel type (e.g., Btu content, sulfur content, ash content, etc). Identify special considerations regarding fuel supply origin, source and handling, storage and processing requirements. • Provide annual fuel requirements (AFR) necessary to support the requirements pursuant to Section 366.91, Florida Statutes, and the planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel supply arrangements in place to meet the ARFR in each year of the proposed operating life of the Facility. Use the categories below to describe the current arrangement for securing the AFR. Category Description of Fuel Supply Arrangement fuel is from a fully developed owned = source owned by one or more of the project participants contract = fully executed fine fuel contract exists between the developer(s) and fuel supplier(s) LOl = a letter of intent for the fuel supply exists between developer(s) and fuel supplier(s) REF = renewable energy facility will bum biomass, waste, or another renewable resource spot = fuel supply will be purchased on the spot market none = no firm fuel supply arrangement currently in place other = fuel supply arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or 1.01, provide documentation to support this category and explain the fuel price mechanism of the arrangement. In addition, indicate whether or not the fuel price includes delivery and, ifso, to what location. • Describe fuel transportation networks available for delivering all primary and secondary fuel to the Facility site. Indicate the mode, route and distance of each segment of the journey, from fuel source to the Energy Facility site. Discuss the current status and pertinent factors impacting future availability of the transportation network. • Provide annual Orel transportation requirements (AFTR) necessary to support planned levels of generation and list the assumptions used to determine these quantities. • Provide a summary of the status of the fuel transportation arrangements in place to meet the AFTR in each year of the proposed operating life of the Energy Facility. Use the categories below to describe the current arrangement for securing the AFTR. owned = fuel transport via a fully developed system owned by one or more of the project participants contract = fully executed firm transportation contract exists between the developer(s) and fuel transporters) LOI = a letter of intent for fuel transport exists between developers) and fuel transporters) Spot = fuel transportation will be purchased on the spot market none = no firm fuel transportation arrangement currently in place other= fuel transportation arrangement which does not fit any of the above categories (please describe) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered Cor each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or LOI, provide documentation to support this category and explain die transportation price mechanism of the arrangement. • Provide the maximum, minimum, and average fuel inventory levels to be maintained for primary and secondary fuels at the Facility site. List the assumptions used in determining the inventory levels. (Continued on Sheet No. 10317.) Issued by: S E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 48 FLORIDA POWER& LIGHT COMPANY (Continued from Shat No. 10.316) IV. PLANT DISPATCHABILITY/CONTROLLABILITY Attachment A Sheet No. 10.317 • Provide the following operating characteristics and a detailed explanation supporting the performance capabilities indicated. • Ramp Rate (MW/mimic) ♦ Peak Capability (%above Committed Capacity) ♦ Minimum power level (5/6 of Committed Capacity) ♦ Facility Turnaround Time, Hot to Hot (hours) + Start-up Time from Cold Shutdown (hours) • Unit Cycling (A cycles/yr) ♦ MW and MVAR Control (AGC, Manual, Other (please explain)) V. SITING AND LICENSING • Provide a licensing/permitting milestone schedule which lists all permits, licenses and variances required to site the Facility. The milestone schedule shall also identify key milestone dates for baseline monitoring, application preparation, agency review, ccnification and licensing/siting board approval, and agency permit issuance. • Provide a liansing/permitting .plan that addresses the issues of air emissions, water use, wastewater discharge, wethmds, endangered species, protected properties, solid waste, surrounding land use, zoning for the Facility, associated linear facilities, and support of and opposition to the Facility. • List the emissionlelRuent discharge limits the Facility will meet, and describe in detail the pollution control equipment to be used to meet these limits. VI. FACILITY DEVELOPMENT AND PERFORMANCE • Submit a detailed engineering, procurement, construction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, engineering phases, selection of the major equipment vendors. architect engineer, EPC contractor, and Facility operator, steam host integration, and delivery of mgjorequipment. A discussion of the current status of each milestone should also be included where applicable. • Attach a diagram of the power block arrangement. Provide a list of the major equipment vendors and the name and model number of tie major equipment to be installed. • Provide a detailed description of the proposed environmental control technology for the Facility and describe the capabilities of the proposed technology. • Attach preliminary flow diagrams for the steam system, water system, and fuel system, and a main electrical one line diagram for the Facility. State the expected heat rate (HHV) at 75 degrees Fahrenheit for loads of 100%, 7596, and 50% In addition, attach a preliminaryheat balance for the Facility. • [NOTE: add any requirements related to demonstrating that the facility meets the requirements under the statute or applicable rules) (Continued on Sheet No. 10.3 1 g) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 49 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 10.317) Attachment A Meet NO. IU -115 VIT. FINANCIAL • Provide FPL with assurances that the proposed QS project is financially viable consistent with FPSC Rule 25-17.0$32(4) (c) by attaching a detailed pro -forma cash flow analysis. The pro -forma must include, at a minimum, the following assumptions for each year of the project. • Annual Project Revenues • Capacity Payments (S and S/KW/Mo) • Variable O&M (S and s/MWh) Energy (S and S/MWh) • Steam Revenues ($ and %Ab.) • Tipping Fees (S and Ston) • Interest Income • Other Revenues • Variable 0&M Escalation (9'e/yr) • Energy Escalation (%/yr) • Steam Escalation (°/u/yr) • Tipping Fee Escalation (%/yr) ♦ Annual Project Expenses • Fixed O&M (S and SKW/Mo) • Variable O&M (S and S/MWh) • Energy (S and S/MWh) • Property Taxes (S) • Insurance (S) • Emission Compliance ($ and $/MWh) • Depreciation (S and s%/yr) • Other Expenses (S) • Fixed O&M Escalation (%/yr) • Variable O&M Escalation (%/yr) • Energy Escalation (%/yr) ♦ Other Project Information • Installed Cost ofthe Energy Facility (S and S/KW) • Committed Capacity (KW) • Average Heat Rate - HHV (MBTU/KWh) • Fedcral Income Tax Rate (%) • Facility Capacity Factor (%) • Energy Sold to FPL (MW a Permanent Financing • Permanent Financing Tenn (yrs) • Project Capital Structure (percentage of long-term debt, subordinated debt, tax exempt debt, and equity) • Financing Costs (cost of long -tern debt, subordinated debt, tax exempt debt, and equity) • Annual Interest Expense • Annual debt Service ($) • Amortization Schedule (beginning balance, interest expense, principal reduction, ending balance) • Provide details of the financing plan for the project and indicate whether the project will be non-recourse project financed. if it will not be project financed please explain the alternative financing arrangement. • Submit financial statements for the last two years on the principals of the project, and provide an illustration of the project ownership structure. Issued by- & E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2018 -0316 -PAA -EQ DOCKET NO. 20180083 -EQ PAGE 50 Attachment A FLORIDA POWER F LIGHTCOMPANY First Revised Sheet No. 10.319 Cancels Original Sheet No. 10.319 APPENDIX E TO THE STANDARD OFFER CONTRACT CONTRACT OPTIONS TO BE SELECTED BY OS Avoided Unit Selected Term of Contract Execution date Termination date Firm Capacity Ratex Commencement date for deliveries of Firm Energy and Capacity Capacity Payment Option Selected (from available Options A through F) i r Opt ion G is selected proposed payment stream: Schedule of Capacity Payments to be provided by the Company based on applicable parameters follo% s: Year S/I WAMonth Energy Rates 1'inergy payment Options selected applicable to energy produced by the QS and delivered to the Company (from available Option A or B and D) Select from Option A or B And Select D If Option D is selected by the QS: the Company and the QS mutually agree on fixing and amortizing the fbilo%ving portion of the Base Energy Costs associated with the Avoided Unit % whichyiclds 41WN Projected Energy Cost of Energy Produced by Avoided Unit (provided by the Company): YY_ar Pmeccied Fixed Enerev Cost (in'Cents/KWIl or in Dollars) Based on the.projcctions of Energy Coats Produced by the Avoidcd Unit and the mutually agreed upon Portion of the Base Energy Costs associated Ntith the Avoided Uriii the Fixed Cinergy Paymcni shall he SINMIor$(as applicable). Issued by: Steve Romig: riffam• Cohen, Director, Rates and Tariffs Effective: M y 22, 2007 FILED 6/22/2018 F ,DOCUMENT NO. 04343-2018 ;FPSC - COMMISSION CLERK ` fo_ !gyp lqb� BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Environmental cost recovery clause. DOCKET NO. 20180007 -EI ORDER NO. PSC -2018 -0318 -PCO -EI ISSUED: June 22, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S MID -COURSE CORRECTIONS AND ASSOCIATED TARIFFS BY THE COMMISSION: Background On April 16, 2018, Florida Power & Light Company (FPL or Company) filed a Petition for Mid -Course Corrections to its 2018 Environmental Cost Recovery Clause (ECRL) factors that reflect the impact of the Tax Cuts and Jobs Act of 2017 (Mid -Course Petition). By its Mid - Course Petition, FPL seeks to reduce the 2018 ECRC factors that were approved in Order No. PSC-2018-0100-FOF-EI.' Mid -course corrections are rare in the ECRC docket and are more typical in the fuel docket. Mid -course corrections are considered preliminary procedural decisions, and any over - recoveries or under -recoveries resulting from the approval by the Florida Public Service Commission (Commission) may be adjusted in the ECRC proceeding the following year. The Tax Cuts and Jobs Act of 2017 (Tax Act) was signed into law on December 22, 2017, about four months after FPL filed its projection testimony and cost recovery schedules for 2018. In addition to filing its Mid -Course Petition in Docket No. 20180007 -EI, the Company filed similar petitions in Docket Nos. 20180001 -EI ,2 and 20180046-EI3. ' Issued February 22, 2018, in Docket No. 20180007-E1, In re: Environmental Cost Recovery Clause. z In re: Fuel and purchased power cost recovery clause with generating performance incentive factor. 3 In re: Consideration of the tax impacts associated with Tax Cuts and Jobs Act of 2017 for Florida Power & Light Company. ORDER NO. PSC -2018 -0318 -PCO -EI DOCKET NO. 20180007 -El PAGE 2 We have jurisdiction over this matter pursuant to Sections 366.05 and 366.8255, Florida Statutes.(F.S.) Analysis and Decision The projected ECRC costs for 2018 were developed before the Tax Act was signed into law. The Tax Act will have the effect of lowering the federal income tax rate for corporations from 35 percent to 21 percent; therefore, some of the costs embedded into the total projected ECRC costs for 2018 are overstated. Federal income tax amounts are included in the calculation of the costs that have a capital component. Adjustments for tax impacts on revenue requirements recovered through the ECRC will change the currently -approved factors. The Tax Act is projected to result in an over -recovery of approximately $19.1 million or 9.2 percent. Approval of FPL's Mid -Course Petition will result in a reduction to the typical 1,000 kWh monthly residential customer bill of $0.36. The tariffs associated with the mid -course corrections are included as Attachment A of this order. The Company will include a short bill insert on all customer bills 30 days in advance of the rates taking effect, and will provide updated rate schedules on its website. FPL's Mid -Course Petition was filed with the intention of the proposed decrease in rates becoming effective July 1, 2018. Typically, effective dates are set at a minimum of 30 days after our vote modifying the charges as the result of a mid -course correction. This time limit is imposed in order to not have new rates applied to energy consumed before the effective date of our action. However, we have also implemented charges in less than 30 days when circumstances warrant. In this instance, the interval between our vote on this matter and the proposed implementation date is 25 days. Because approval of the Mid -Course Petition results in a decrease to cost recovery factors, we find the 25 day interval to be sufficient. Upon review, we find it appropriate to approve FPL's Mid -Course Petition. This results in a reduction in the ECRC factors and a decrease in customer bills. The revised factors and associated tariffs shall become effective July 1, 2018. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's Mid -Course Petition and associated tariffs are approved. The revised factors and associated tariffs shall become effective on July 1, 2018. It is further ORDERED that the Environmental Cost Recovery Docket is on-going and shall remain open. 7 ZL ORDER NO. PSC -2018 -0318 -PCO -E1 DOCKET NO. 20180007 -EI PAGE 3 By ORDER of the Florida Public Service Commission this 22nd day of June, 2018. da)-UUt&'0'aL"wg" CARLOTTA S. STAUFFEI Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 wvvw.fJoridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. CWM E 3 ORDER NO. PSC -2018 -0318 -PCO -EI DOCKET NO. 20180007 -EI PAGE 4 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. ORDER NO. PSC -2018 -0318 -PCO -EI DOCKET NO. 20180007 -EI PAGE 5 Attachment A Page 1 of 2 Forty-€ighOLNinth Revised Shout No. 8.030 r. JRJUTA.PUIVVCR & i iGH t COMP xnr Cancels ForIv-8ewem4h&JIhtb Revised Shee't.No. 8.030 BILLING ADJUSTMENTS TLP following charges are applied to the Monthly Rate of each rate schedule as indicated and are calculated in accordance xith the fortnu[a specified by the Florida Public Service Commission. RAPE FUEL C9NSERYATIUN C:APACITY�iiVIRUN- [riE\•CAL SCHEDULE d.rki,Yh �';kZ�`h ANN-1ii:,3c1t'h "n�'k1i+ dkWh 5+k\V 0"W11LcvCCized 0-Peaki)fl=Peak RS -1, RS-Iw+R"CR-I I 1,000 kWh2i4 2.273 U53 RS-1,R5-l.vlRTR-1 3.273 0.153 002:370. 444-M.122 alt addn kWh 0.441 (0.182) 0.153 p--lr4Ri AIik14'h 234 GS -1 2.611 0.145 �.490,E 15 ,-1 GS'r-.I 3.052 2,42:; O.145 22t1 GSD1, GSD -I wiStlTR 2,611 0-48 t�7t)y,�,Q A,i330 1 Jan-Mav)i"UcY - Dec) „x(84 GSD -i w;SDTR tun -Sc t 3.792 2.462 0.48 A=t�(370 0- LO GSC7T-1, tfl,FT•1 GSDT-iw!SDTR 3.052 2,4'.7 0.48 4470,704-I:3`9�i,Ifl� {1 an-•'�9ay)t Ckt -Dec GSDT-1 w?SDTR (Jan -Sept) 3.792 2A622 0.48 Amari. ) 444-4-105 CISLD-1, CS -1, GSLp-1wISriTk 2.6I0 0.57 A;9[{#,84 0;-J30Q t0� `Inn -iia j(Uc#-Doc) GSLD•I w?SDTR (tun -Sept) 3.794 2.461 0.57 tl,i{{1.84 t3�d•3AO.ipi GSLpT-1, CST -1, RUT -2, rsl�Cr)'-) 3.051 Z429 O.57 c�?)'O.sa 0,.>.?9p.J4! (Jan -May {Tan -ay &. - - DCS-i3ec} GSLpT•1 %vrSb1'R (Jun -Sept) 3,790 2.461 0.57 OtDt{).154 8-t�sOQ.j_t31 GSLD-2., CS -2, GSLD-2 x'iSDTR 2.576 0.56 t1r8`�fi?!3 f�•40-€)Sy (Jan - �T y)tUet-^ Dec) GSLD-2 w:5DTR (tan- 3.772 2.449 0.56 0-830.78 0, }.►4��.�,a Sc t LiSLD1'-2. C'S'I'•^<.., 1#Ll"'f-3 , x�?SDTR 3.062.41b 2.367 0-56 0:8#0.78 4-W40-089GSLDT•2 !an-•h4a • (Oct --Dec) GSLDT-2 wtSDTft 3.772 2.449 0-56 9:83t).78 !un•Se U O,OSy GSLD-3, C'5-3 2.545 0.57 4449U9-0 NOTE: Mie.Billing Adjustments for additional Rate Schedules arc found on Sheet No. 8,030.1 Issued l)y': Di€eelot. Rats And Tariff. rRi3" k- t a h�(l. Effective: march 1,441Y.dii fiS1.l7'l'-3, CS f•3 2.974 2.367 0.57 00.79 til-I;5#�.ia9U ORDER NO. PSC -2018 -0318 -PCO -EI DOCKET NO. 20180007 -EI PAGE 6 Attachment A Page 2 of 2 Twenty4e with iftfy Revised Sheet No. 8.030.1 FLORIDA POIVER & LIGHT COMPANY Concels Twvnty-FhirdFourth Revised Sheet No. 8.030.1 (Comiaurd fiom Shcct No. 8.030) BILLING ADRISTNILN1'S (Contimtcd) RATE FUEL CONSERVATION CAPACITY ENVIRON -hlE!�"fAL SCHE,DULh 0/kwh 0/kWh tfk- 'h i!k 'h 57kq' 0/kWh StkW olkWh Lcv;clized Or- Oft- Peak Peak OS -2 2.596 0.082 0:1 t) ;0 44W MET 2.596 0.60 8.9b0. A 22?0J)9 8N CILC-1(G) 3.052 2.429 0.63 0X70 {i -1;W 090 89 CILC-I(D) 3.035 2.415 0.63 0?i�, 109 89 CILC-1(Tj 2.974 2.367 0.61 4.440. 0,-108{t-ORt 86 SL -1,01.-1, RL -1, PL- 2.528 0.042 0-t120ii�p i/SL-Ib1, LT -I 18 SL -2, GSCU-1fSL 2.611 0.111 +7 KStl.t 0 }g>t 2M RDD DDC RDD QDC SST-I(T) 2.974 2.367 0,07 0.03 44-w0.05 44449 080 SST-I(DI) 3.052 2.429 0.07 0.03 = 414060 0-0098 25 I 1 .0 SST'-t(n2} ;1,051 2.428 0.07 0.03 43 }x5.0 I I 0 SST-I(D3) 3.036 2.416 0.07 0.03 20-' "69- 44GA10.098 ISST-I(D) 3,035 2:415 0.07 0.03 fJ-150,048 I1 Ow ISST'-1(7') 2.474 2.367 0.07 0.03 0.05 44iild7 080 10444 Issued by: Tiffao Cohen, Director, Rates and Tariffs Effettive: *4reb-1,241.70 !FILED 6%26/2018 DOCUMENT NO. 04386-2018 IFPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of modifications to DOCKET NO. 20180089 -El rate schedule LS -1, lighting service and for ORDER NO. PSC -2018 -0324 -CO -EI approval of revisions to lighting service ISSUED: June 26, 2018 contract, by Duke Energy Florida, LLC. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0270 -TRF -EI, issued May 30, 2018, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore; ORDERED by the Florida Public.Service Commission that Order No. PSC -2018 -0270 - TRF -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 26th day of June, 2018. I CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record -at the time of issuance and, if applicable, interested persons. JSC F. ORDER NO. PSC -2018 -0324 -CO -EI DOCKET NO. 20180089 -El PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. F?- !A PROCLAMATION Ol . HONORING JOE McMANUS ON HIS RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES RECREA TION DIVISION WHEREAS, Joe McManus has announced his retirement from the Recreation Department and Indian River County Board of County Commissioners effective July 5,2018; and WHEREAS, Joe McManus began his career with Indian River County Ocean Rescue on March 3, 2006 in the Ocean Rescue Division of the Recreation Department, and served in the capacity of Ocean Rescue Lifeguard until his retirement; and WHEREAS, Joe McManus has served this County and the Public with distinction and selflessness. During his twelve years of service, he was dedicated, and his work was greatly appreciated by his employer, citizens and co-workers alike; and - NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Joe McManus' effort on behalf of this County, and the Board wishes to express their appreciation for his dedication and the exemplary service he has given to Indian River County for the last twelve years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 3rd day of July 2018. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA �It r Peter D.Otryan, thairman �y INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 25, 2018 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 6/25/18. ATTACHED: 0 All Aboard Fl. expenses through 6/25/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 6/25/18 spreadsheet. 2 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $278,085.38 9/30/2017 MCDermot Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 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 $201,663.06 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 3 All Aboard Florida Expenses Indian River County 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 Subtotal Expenses FY 15/16 $807,167.15 $412.00 Reimburse for case filing 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 Acct#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,inc. $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 4 All Aboard Florida Expenses Indian River County 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 Acct#00130111-034020-15023 All Travel 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $1,552.04 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines 9/30/2017 Jet Blue 9/30/2017 Jet Blue 9/30/2017 Bob Solari -travel to Washington DC AcctN00110214-034020-15023 9/30/2017 Kate Cotner -travel to Washington DC 9/30/2017 Dylan Reingold-travel to Washington DC $193.20 $168.20 $25.00 $869.98 with OMB,Senator & Congressman & FDOT All Travel $768.02 $753.49 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 -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 17/18 $279,637.42 Total Expenses 16/17 $223,471.97 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 6/25/18 $2,574,013.95 Total Board authorized budget for FY 17/18 $592,544.00 Total Board authorized budget for FY 16/17 $223,471.00 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 13/14-17/18 $2,886,921.00 Remaining Balance $312,907.05 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 8/18/2015 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman 2/9/2016 Berger Singerman 1/20/2016 Berger Singerman $1,650.00 $1,265.00 $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 $180,7 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 6 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising $4,090.00 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson &Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement 7/10/2015 RW Wilson & Assoc 5/26/2015 RW Wilson & Assoc $50.00 $4,090.00 $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 $98.00 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee Subtotal Expenses FY 13/14 $176.28 Travel 6/19/2018 Tim Zorc-PSC meeting -Tallahassee $380.74 3/21/2018 Tim Zorc-FMPA meeting -Orlando $97.82 1/23/2018 Tim Zorc-FMPA meeting -Orlando $99.16 12/19/2017 Tim Zorc-FMPA meeting -Orlando $100.71 Subtotal Expenses FY 17/18 $678.43 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 7 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $678.43 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 6/25/18 $336,597.30 Budget Authorization 10/1/2017 FY 17/18 Budget 10/1/2016 FY 16/17 Budget 10/1/2015 FY 15/16 Budget 9/15/2015 Legal Services Budget $68,909.00 $69,789.00 $69,889.00 $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,230.70 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar f 7.1 South County Community Meeting July 2 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Private Event July 7 @ Fairgrounds: • 2:30 - Midnight Blooprint Summer Youth Program www.blooprintmanagement.com July 9-26 @ iG Center: • 9:15am-2pm: FREE Career & Job Skills Training. Must Pre -register. Private Event July 14 @ Fairgrounds: • 4 - 11:30pm Community Office Hours Event July 19 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams Gifford Aquatic CLOSED for Private Party July 21 @ Gifford Aquatic Center: • 9am-lpm Vero Beach Gun Show www.patriotshows.com July 21-22 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am-4pm Estate Planning Services by CLA Estate Services July 25 @ iG Center: • I Oam-2pm: Financial Planning Event 9 Pay & Weigh -IRC Tackle Football July 25 @ Gifford Park: • 5-8pm: Pay and weigh is for registering football applicants at IRC Rec. Pay & Weigh - IRC Tackle Football July 28 @ Gifford Park: • 9am-12pm: Pay and weigh is for registering football applicants at IRC Rec. Headstart Orientation, hosted by the EOC of IRC July 31 @ iG Center: • 6-8pm: Headstart Program orientation Pay & Weigh - IRC Tackle Football Aug 1 @ Gifford Park: • 5-8pm: Pay and weigh is for registering football applicants at IRC Rec. Pay & Weigh - IRC Tackle Football Aug 4 @ Gifford Park: • 9am-12pm: Pay and weigh is for registering football applicants at IRC Rec. Private Event Aug 4 @ iG Center: • 1-4pm South County Community Meeting Aug 6 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Private Event Aug 11 @ iG Center: • 1-5pm Community Office Hours Event Aug 16 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams Private Event Aug 18 @ Fairgrounds: • 4pm - 11 pm 10 INDIAN RIVER COUNTY a�1Vk;.R C, SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 7S Date: June 27, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the July 4th Holiday In observance of Independence Day, the Main County Landfill and the five Customer Convenience Centers will be closed on Wednesday, July 4, 2018. In addition, there will be no residential curbside services for recycling, garbage or yard waste on July 4th. The chart below provides information regarding collection services in the unincorporated county area and the municipalities. Residents may visit the Solid Waste Disposal District website at www.ircrecycles.com for more information. Unincorporated IRC Garbage services will be shifted by one day. Wed customers will be serviced on Thurs. July 5, Thurs. customers will be serviced on Fri. July 6, City of Fellsmere Fri customers will be serviced on Sat. uly 7. if you have questions regarding your service schedule, please call Waste Management at 569-1776. There will be no yard waste services on Wed. July 4. City of Sebastian i Normal collection services will resume on Thurs July S. if you have questions regarding your service schedule, please call Waste Management at 569-1776. City of Vero Beach No changes Town of Orchid No changes Recycling -services will be shifted by one day. Wed. customers will be serviced on Thurs. July 5, Thurs. customers will be .. Fri. July 6, Fri. customers will be serviced on Sat July 7 1 you have questions regarding your serviceschedule, please call Waste Management at 56921776. There will be no yard waste services on Wed. July 4. Indian River Shores Normal collection services will resume on Thurs July S. if you have questions regarding your service schedule, rn please call Republic Services at 562-6620. SWDD Agenda 11 - Page 1- 7k July 2, 2018 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: June 25, 2018 Subject: Resignation of Richard Brown, District 3 Representative, to the Development Review and Permit Process Advisory Committee From: Misty L. Pursel Commissioner Assistant, District 1 On June 22, 2018, Mr. Richard Brown, District 3 Representative, announced his resignation via email (attached), effective immediately. Anyone interested in serving on the Development Review and Permit Process Advisory Committee will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications may be accessed on-line at www.ircqov.com/boards/committee applications or pickup from the Board of County Commissioner's Office, Administration Complex, Building A, Second Floor, Executive Offices, 1801 27th Street, Vero Beach, FL 32960. C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@382AF3C8\@BCL@382AF3C8.doc 12 Misty Pursel From: Richard Brown <RBrown@holidaybuilders.com> Sent: Friday, June 22, 2018 12:08 PM To: Tim Zorc Cc: Misty Pursel; Richard Brown Subject: Permit Committee, Importance: High Tim, I recently have taken over management of our Panhandle (Gulf Region) as the Regional President along with the entire state. My travel has increased ten -fold causing me to resign from the committee due to my increased travel schedule. I do have a senior project manager who handles our Indian River communities that would be suited for this committee if I could recommend a replacement. His name is Steve Cannavaro. I can send you his resume for consideration. Thank you for the opportunity to serve. Richard A. Brawn Division President - Florida Region C SAK 2293 W. Eau Gallie Blvd., Melbourne, FL 32935 p: 321-610-5914. c: 321-288-8601. f: 888-321-5082. wrww.holidaybuilders.com rbrown reholidavbuilders.com The information contained in this email message is intended only for the personal and confidential use of the recipients named. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are notified that you have received this document in error and that any review, dissemination, distribution or duplication of this message is PROHIBITED. If you received this message in error, notify us IMMEDIATELY by email and permanently delete all versions of the original message on your network. �A Please consider the environment before printing this e-mail. Thi. e:Jnail �tIls scanned b; fiitd,�t :ndc, 1 13 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2'7`x' Street Vero Beach, FL 32960 •J & GOMprR0`� r U 7] ' 6 y of couW", F TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 14, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 8, 2018 to June 14, 2018 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded .in the Board minutes._ Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 8, 2018 to June 14, 2018. 14 CHECKS WRITTEN .TRANS NBR DATE VENDOR AMOUNT 368211 06/08/2018 TOTAL HOME PROFESSIONALS LLC 94.12 368212 06/14/2018 UTIL REFUNDS 39.91 368213 06/14/2018 UTILREFUNDS 164.70 368214 06/14/2018 UTIL REFUNDS 41.18 36821.5 06/14/2018 UTIL.REFUNDS 86.22 368216 06/14/2018 UTIL REFUNDS 15.54 368217 06/14/2018 UTIL REFUNDS 159.94 368218 06/14/2018 UT.1L REFUNDS 12.52 368219 06/14/2018 UTILREFUNDS 17.46 368220 06/14/2018 UTIL REFUNDS 50.00 368221 06/14/2018 UTIL REFUNDS 19.07 368222 06/14/2018 UTIL REFUNDS 3.65 368223 06/14/2018 UTIL REFUNDS 6.32 368224 06/14/2018 UTIL REFUNDS 43.97 368225 06/14/2018 UTIL REFUNDS 34.24 368226 06/14/2018 UTIL REFUNDS 34.41 368227 06/14/2018 UTIL REFUNDS 50.66 368228 06/14/2018 UTILREFUNDS 107.90 368229 06/14/2018 UTIL REFUNDS 133.02 368230 06/14/2018 UTIL REFUNDS 74.08 368231 06/14/2018 UTIL REFUNDS 77.79 368232 06/1412018 UTIL REFUNDS 44.80 368233 06/14/2018 UTIL REFUNDS 71.76 368234 06/14/2018 UTIL REFUNDS 20.51 368235 06/14/2018 UTIL REFUNDS 7.11 368236 06/14/2018 UTIL REFUNDS 70.44 368237 06/14/2018 UTIL REFUNDS 15.54 368238 06/14/2018 UTIL REFUNDS 67.74 368239 06/14/2018 UTIL REFUNDS 144.70 368240 06/14/2018 UTILREFUNDS 70.65 .368241 06/14/2018 UTIL REFUNDS 77.53 368242 06/14/2018 UTIL REFUNDS 43.88 368243 06/14/2018 UTIL REFUNDS 5.60 368244 06/14/2018 UTIL REFUNDS 44.92 368245 06/14/2018 UTIL REFUNDS 38.21 368246 06/14/2018 UTIL REFUNDS 87.00 368247 06/14/2018 UTIL REFUNDS 4.15 368248 06/14/2018 UTIL REFUNDS 36.21 368249 06/14/2018 UTILREFUNDS 337.60 368250 06/14/2018 UTIL REFUNDS 20.08 368251 06/14/2018 UTIL REFUNDS 241.88 368252 06/14/2018 UTIL REFUNDS 37.94 368253 06/14/2018 UTIL REFUNDS 32.07 368254 06/14/2018 UTIL REFUNDS 57.86 368255 06/14/2018 UTIL REFUNDS 40.96 368256 06/14/2018 UTILREFUNDS 100.00 3368257 06/14/2018 UTIL REFUNDS 107.65 368258 06/14/2018 UTILREFUNDS 65.49 368259 06/1412018 UTIL REFUNDS 75.12 368260 06/14/2018 PORT CONSOLIDATED .INC 22,115.93 368261 06/14/2018 JORDAN MOWER INC 588.04 368262 06/14/2018 COMMUNICATIONS .INTERNATIONAL 20,312.21 368263 06/14/2018 TEN -8 FIRE EQUIPMENT INC 5,847.72 368264 06/14/2018 RANGER CONSTRUCTION IND INC 568.79 368265 06/14/2018 FISHER SCIENTIFIC COMPANY LLC 84.84 368266 06/14/2018 VERO C1-IEMICAL DISTRIBUTORS INC 854.10 368267 06/14/2018 HENRY SCHEIN INC 2,428.25 368268 06/14/201.8 VELDE FORD INC 348.75 15 TRANS NBR DATE VENDOR AMOUNT 368269 06114/2018 SAFETY PRODUCTS INC 324.18 368270 06/14/2018 AT&T WIRELESS 585.50 368271 06/14/2018 THOMAS P WHITE 99.00 368272 06/14/2018 PARALEE COMPANY INC 1,560.00 368273 06/14/2018 GRAINGER 546.11 368274 06/140018 GRAYBAR ELECTRIC 2,951.62 368275 06/140018 AMERIGAS EAGLE PROPANE.LP 11895.56 368276 06/140018 HAC14 CO 4.3335.95 368277 061140018 LFI FORT PIERCE INC 1,994.76 368278 06/140018 CLIFF BERRY INC 73.1.85 368279 06/140018 PHYSIO CONTROL INC 2,135.20 368280 06/14/2018 PETES CONCRETE 4,550.00 368281 06/140018 VERO INDUSTRIAL SUPPLY INC 66.00 368282 06/14/2018 TIRESOLES OF BROWARD INC 4,575.00 368283 06/14/2018 BILL BRYANT & ASSOCIATES INC 16,319.00 368284 06/140018 DELL MARKETING LP 913.99 368285 06/14/2018 MYRON L COMPANY 601.86 368286 06/140018 THE GOODYEAR TIRE & RUBBER COMPANY 150.50 368287 061140018 BLA.KESLEE SERVICES INC 645.00 368288 06/140018 NORTHERN SAFETY CO INC 32.44 368289 06/140018 MID-STATE MECHANICAL OF VERO BEACH INC 69,527.00 368290 06/140018 K & M ELECTRIC SUPPLY 215.92 368291 06/140018 MELODY MUSIC 891.94 368292 06/140018 BAKER DISTRIBUTING CO LLC 68.54 368293 06/140018 PALM TRUCK CENTERS INC 2,_979.42 368294 06/14/2018 SUNSHINE .RE14ABILATION CENTER OF IRC INC 105.00 368295 06/14/2018 TINDALE-OLIVER & ASSOCIATES INC 14,798.77 368296 06/14/2018 CLERK OF CIRCUIT COURT 15132 368297 06/14/2018 CLERK OF CIRCUIT COURT 518.92 368298 06/14/2018 CLERK OF CIRCUIT COURT 2,700.40 368299 06/140018 INDIAN RIVER COUNTY HEALTH DEPT 227.16 368300 06/140018 INDIAN RIVER COUNTY HEALTH .DEPT 625.00 368301 06/140018 ROGER 1 NICOSIA 320.00 368302 06/140018 CITY OF VERO BEACH 84,403.17 368303 06/1412018 CITY OF VERO BEACH 84.00 368304 06/1412018 CHAPTER 13 TRUSTEE 201.08 368305 06/140018 INDIAN RIVER ALL FAB INC 200.00 368306 06/14/2018 UNITED PARCEL SERVICE INC 71.70 368307 06/14/2018 FERGUSON ENTERPRISES INC 2,836.00 368308 06/14/2018 JANITORIAL DEPOT OF AMERICA INC 726.47 368309 06/14/2018 FLORIDA DEPT OF EDUCATION 267.42 3683310 06/14/2018 PUBLIX SUPERMARKETS 63.54 368311 06//40018 PUBLIX SUPERMARKETS 44.40 368312 06/14/2018 ROGER CLEVELAND GOLF .INC 431.02 368313 06/140018 ACUSHNET COMPANY 710.32 368314 06/14/2018 INTERNATIONAL GOLF MAINTENANCE INC 990.00 368315 06/140018 FLORIDA WATER & POLLUTION CONTROL 30.00 368316 06/.14/2018 ST 1014NS RIVER WATER MGMT DISTRICT 100.00 368317 06/140018 WESTPUBLISHING CORPORATION 240.00 368318 06/14/2018 FEDERAL„ EXPRESS CORP 5.69 368319 061140018 FEDERAL EXPRESS CORP 27.41 368320 06/14/2018 FEDERAL EXPRESS CORP 30.00 368321 06/140018 FEDERAL EXPRESS CORP 32.72 368322 061140018 TYLER TECHNOLOGIES INC 191,386.10 368323 06/140018 CALLAWAY GOLF SALES COMPANY 9.87 368324 06/140018 FLORIDA POWER AND LIGHT 5,208.05 368325 06/140018 FLORIDA POWER AND LIGHT 1,736.74 368326 06/1412018 FLORIDA POWER AND LIGHT 2,151.36 368327 06/140018 PUBLIC DEFENDER 31433.04 368328 06/14/2018 STR:UNK FUNERAL HOMES & CREMATORY 425.00 16 TRANS MBR DATE VENDOR AMOUNT 368329 06/14/2018 MEDICARE PART B FINANCIAL SERVICES 330.90 368330 06/14/2018 TOCOMA R'UBB'ER STAMP & MARKING SYSTEM 162.94 368331 06/14/2018 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 368332 06/14/2018 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 750.00 368333 06/14/2018 UNITED HEALTH CARE INS COMPANY 490.64 3683334 06/14/2018 UNITED HEALT14 CARE INS COMPANY 86.40 368335 06/14/2018 COMFORT INN 132.55 368336 06/14/2018 ROBERT KOMARINIETZ 25.00 368337 06/14/2018 CHRISTOPHER. S STUCKEY 60.00 368338 06/14/2018 MYLES BROWN 160.00 368339 06/14/2018 ESRI INC 45,233.56 368340 06/14/2018 HENRY SMITH 160.00 368341 06/14/2018 EVENTMAKER.SINTERNATIONAL LLC 604.63 368342 06/14/2018 NAEMT 285.00 368343 06/1412018 THE FLORIDA BAR 300.00 368344 06/14/2018 T14E FLORIDA BAR 300.00 368345 06/14/2018 THE FLORIDA BAR 300.00 368346 06/14/2018 ELXSI INC 187.70 368347 06/14/2018 PINNACLE GROVE LTD 500.00 368348 06/14/2018 NATIONAL ASSOCIATION OF LEGAL ASSISTANTS INC 140.00 368349 06/14/2018 FLORIDA DEPT OF BUSINESS & PROF 1,275.00 368350 06/14/2018 FORT PIERCE HOUSING AUTHORITY 156.00 368351 06/142018 BRIDGESTONE AMERICAS INC 1.066.33 368352 06/142018 HOMETOWN NEWS 894.00 368353 06/142018 HAGGERTY FAMILY LTD 500.00 368354 06/142018 SY-CON SYSTEMS INC 239.19 368355 06/14/2018 DIXON, STEVE & VICK.I 35.00 368356 06/14/2018 RUSSELL.PAYNE INC 1,378.97 368357 06/142018 TRANEUS INC 94,124.72 368358 06/14/2018 CELICOPA.RTNERSHIP 3,852.15 368359 06/14/2018 VAN WA.L INC 965.00 368360 06/14/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 368361 06/142018 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 368362 06/142018 FASTENAL COMPANY 26.81 368363 06/142018 UNITED RENTALS NORTH AMERICA INC 14,250.00 368364 06/142018 SOUTHERN JANITOR SUPPLY INC 416.72 368365 06/142018 MBV ENGINEERING INC 2,400.00 368366 06/142018 MASTELLER & MOLER INC 32.616.50 368367 06/142018 STAPLES CONTRACT & COMMERCIAL INC 830.74 368368 06/142018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 288.16 368369 06/14/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 292.07 368370 06/14/2018 A%MIN FOR CHILD SUPPORT ENFORCEMENT 162.97 368371 06/142018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 8,778.76 368372 06/14/2018 LARRY STEPHENS 160.00 368373 06/14/2018 GERELCOM INC 18,204.00 368374 06/142018 FELLSMERE ELEMENTARY SCHOOL 113.00 368375 06/142018 DIANE ALVEY 801.00 368376 06/14/2018 PETER OB RYAN 397.48 368377 06/142018 JOHNNY B SMITH 185.00 368378 06/142018 MOO'R.E MEDICAL LLC 2,660.03 368379 06/142018 FISHER & PHILLIPS LLP 3,975.00 368380 06/142018 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 100.00 368381 06/142018 ASSOCIATION OF STATE FLOODPLAN MANAGERS 100.00 368382 06/142018 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 160.00 368383 06!14/2018 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 160.00 368384 06/142018 REDLANDS CHRISTIAN MIGRANT ASSOC 3,468.71 368385 06/14/20.18 PAUL PECK 242.00 368386 06/14/2018 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,352.00 368387 06/1420.18 MADESSIA:FLOWERS 30.00 368388 06/14/2018 AUTO PARTNERS LLC 200.00 17 TRANS NBR DATE VENDOR AMI OUNT 368389 06/14/2018 INDUSTRIAL SCIENTIFIC CORP 212.50 368390 06/14/2018 K'S COMMERCIAL CLEANING 1.585.00 368391 06/14/2018 NICOLACE MARKETING INC 4,610.00 368392 06/14/2018 'WINSUPPLY OF VERO BEACI4 92.82 368.3 06/14/2018 FLORIDA VALVE R EQUIPMENT LLC 1,667.04 368394 06/14/2018 -LARIAT ENTERPRISES INC 229.81 368395 06/14/2018 VERA SMITH 30.00 368396 06/14/2018 BRENNTAG MID -SOUTH INC 8.644.19 368397 06/14/2018 KEMPER .BUSINESS SYSTEMS 30.25 368398 06/14/20I8 CLOVERLEAF CORPORATION 279.00 368399 06/14/2018 ECMC 276.58 368400 06/14/2018 JANCY PET BURIAL SERVICE INC 106.25 368401 06/14/2018 FLORIDAARMATURE WORKS INC 688.65 368402 06/14/2018 KEITH GROCHOLL 25.00 368403 06/14/2018 PROPAC INC 2379.84 368404 06/14/2018 ALAN JAY CHEVROLET CADILLAC 193.667.23 368405 06/14/2018 HEATHER HATTON 20.00 368406 06/14!2018 MOORE MOTORS INC 76.25 368407 06/14/2018 REPROGRAPHIC SOLUTIONS INC 1.56 368408 06/142018 LOWES HOME CENTERS INC 527.25 368409 06/142018 CARDINAL HEALTH l 101NC 3,658.01 368410 06/142018 PPG ARCHITECTURAL FINISHES INC 787.00 368411 06/142018 MUNICIPAL EMERGENCY SERVICES INC 383.00 368412 06!142018 KELLY LORRAINE HAMLIN 40.00 368413 06/14/2018 BURNETT LIA4E CO INC 9.668.40 368414 06/142018 IMPECCABLE SIGNS INC 486.00 368415 06/142018 TREASURE COAST TURF .INC 600.00 368416 06/14/2018 W8 -,G MAINTENANCE 9,490.00 368417 06/142018 CARMEN LEWIS 380.50 368418 06/142018 SCADA SOLUTIONS LLC 900.00 368419 06/142018 DEBORAH CUEVAS 140.00 368420 06/142018 FAMILY SUPPORT REGISTRY 9.66 368421 06/142018 REI ENGINEERS INC 14,365.00 368422 06/14/2018 FORTILIN.E INC 15,332.00 368423 06!142018 BRYAN CAVE LLP 30.148.74 368424 06/142018 HAWKINS INC 1,022.25 368425 061142018 ANFIELD CONSULTING GROUP INC 10.000.00 368426 06/142018 FLORITURF SOD INC 73.00 368427 06/142018 ANDERSEN ANDRE CONSULTING .ENGINEERS INC 7,055.00 368428 06/142018 SCRIPPS NP OPERATING LLC 80.85 368429 061142018 SCRIPPS NP OPERATING LLC 84.15 368430 06/142018 SCRIPPS NP OPERATING LLC 1,317.00 368431 06/142018 JOSEPH DIZONNO 100.00 368432 06/14/2018 RED THE UNIFORM TAILOR 148.80 368433 06/142018 UNIFI.RST CORPORATION 1,926.45 368434 06/14/2018 SUNSHINE I4EALTH PLAN MEDICAID 241.26 368435 06!142018 SITEONE LANDSCAPE SUPPLY LLC 181.58 368436 06/142018 HYDROMAN USA LLC 27,189.51 368437 06/142018 ADVANCE STORES COMPANY INCORPORATED 296.94 368438 06/142018 YELLOW KID INC 500.00 368439 06/142018 RUSSELL L OWEN 11I 25.00 368440 06/142018 MICHELLE B WEISS 125.00 368441 06/14/2018 AC VETERINARY SPECIALTY SERVICES 31.75 368442 06/142018 ALL WEBBS ENTERPRISES INC 100.845.00 368443 06/142018 COVERALL NORTH AMERICA INC 215.00 368444 06/14/2018 MATHESON TRI -GAS INC 7.824.38 368445 06/14/2018 PEOPLE .READY INC 6,095.84 368446 06/14/2018 ROBERTAGORDONII 1,854.06 368447 06/142018 WILLIS SPORTS ASSOCIATION INC 1992.18 368448 06/14/2018 COLE AUTO SUPPLY INC 4,114.83 TRANS NBR DATE VENDOR AMOUNT 368449 06/14/2018 CANON FINANCIAL SERVICES INC 235.72 368450 06/14/2018 TARGET SOLUTIONS LEARNING LLC 28,860.00 368451 06/14/2018 KIMBERLY 'RICCIARDONE 60.00 368452 06/14/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 235.57 368453 06/14/2018 DAY DREAMS UNIFORMS INC 1.079.85 368454 06//412018 THOMAS R PILI:ERO 68.00 368455 06/14/2018 PITCH SAFE INC 891.00 368456 06/14/2018 SARAH KELLY 180.00 368457 06/14/2018 AQUATIC SYNERGY LLC 220.00 368458 06/142018 TOTAL ADMINISTRATIVE SERVICES CORP 2.152.50 368459 06/14/2018 ENVIRONMENTAL OPERATING SOLUSTIONS .INC 8.058.58 368460 06/14/2018 GOVDIRECT INC 2.235.60 368461 06/142018 BOBBY ROG,E:RS PAINTING S PRESSURE 840.00 368462 06/142018 CORE & MAIN LP 1,395.28 368463 06/142018 STE WART MATERIALS LLC 3,885.88 368464 06/142018 BROWNEL.LS INC 4,925.19 368465 06/14/2018 GOMEZ BROTHERS IRRIGATION LLC 1,417.50 368466 06/142018 ADIDAS AMERICA INC 21693 368467 06/14!2018 DJD EQUIPMENT HOLDINGS LLC 363,653.95 368468 06/142018 BOTTOMS UP BEVERAGE OF FLORIDA LLC 640.00 368469 06/14/2018 REXEL USA INC 363.66 368470 06/14/2018 THERNELL, MILLS 60.00 368471 06/142018 DRACAY MANAGEMENT INC 18,154.00 368472 06/142018 JOSEPH LORINO 75.00 368473 06/14/2018 DIRECT TV 2924 368474 06/142018 EMPIRE PIPE ORLANDO LLC 174,000.00 368475 06/14!2018 AAG .LIVE INC 600.00 368476 06/14/2018 TAYLOR ANNE HATTON 200.00 368477 06/142018 ALERT WORKS LTD 1,920.00 368478 06!142018 VIKING LANDSCAPING LLC 7,500.00 368479 06/142018 PICKLEBALLUNIVERSITY INC 483.00 368480 06/14/2018 JOSEPH KOLODZIEJC7_AK 25.00 368481 06/142018 ERIC GILRE-AT14 25.00 368482 06/142018 SHALVN CONBOY 50.00 368483 06/142018 STEVEN C SHEPARD 11,396.82 368484 06/14/2018 JOSH BINAFI,FALUMINUM LLC 75.00 368485 06/142018 PATTY LANG 97.28 368486 06/142018 CARMEN BENNETT 79.00 368487 06/14/2018 JAMERRIA.PARIS 53.40 368488 06/14/2018 TIMOTHY ESTER 35.00 368489 06114/2018 PINEAPPLE COVE ACADEMY 78.60 368490 06/142018 ALEXANDA OVERTON 53.40 368491 06/142018 CHARLOTTE MACK 53.40 368492 06114%2018 DOREEN CRUZ 106.80 368493 06/142018 OHAIRE, QUINN, CASALINO CHARTERED 175.55 368494 06/142018 JOE BLACKBURN 525.00 368495 06/14/2018 CAROL ANN MORRIS 250.00 368496 06/14/2018 PERKESIA WRIG14T 50.00 368497 06/14/2018 BRENDA SMITH 30.00 368498 06/14/2018 UTIL REFUNDS 14.44 368499 06/14/2018 UTIL REFUNDS 31.63 368500 06/142018 UTIL REFUNDS 42.05 368501 06!142018 UTIL REFUNDS 41.42 368502 061142018 UTIL REFUNDS 43.71 368503 06/14/2018 UTIL REFUNDS 54.27 368504 06/14/2018 UTIL REFUNDS 49.86 368505 06/142018 UTIL REFUNDS 132.49 368506 06/142018 UTIL REFUNDS 241.44 368507 06/142018 UTIL REFUNDS 35.20 368508 06/14/2018 UTIL REFUNDS 37.20 19 TRANS NBR DATE VENDOR AMOUNT 368509 06/14/2018 UTILREFUNDS 22.07 368510 06/14/2018 UT11. REFUNDS 55.19 368511 06/14/2018 UTILREFUNDS 27.65 368512 06/14/2018 UTIL REFUNDS 338.74 3685.13 06/14/2018 UTIL REFUNDS 40.68 368514 06/1412018 UTIL REFUNDS 80.86 368515 06/14/2018 UTILREFUNDS 255.53 368516 06/14/20'18 UTIL REFUNDS 53.48 368517 06/14/2018 UTILREFUNDS '247.81 368518 06/14/2018 UTILREFUNDS 65.82 368519 06/14/2018 UTILREFUNDS 83.05 368520 06/14/2018 UTIL REFUNDS 35.82 368521 06/14/2018 UTIL REFUNDS 90.95 368522 06/142018 UTIL REFUNDS 9.32 368523 06/142018 UTILREFUNDS 3.25 368524. 06/142018 UTILREFUNDS 2.67 368525 06/14/2018 UTIL REFUNDS 46.16 368526 06/142018 UTIL REFUNDS 37.48 368527 06/142018 UTIL REFUNDS 22.03 368528 06/14/2018 UTIL REFUNDS 32.64 368529 06/142018 UTIL REFUNDS 80.69 368530 06/142018 UTIL REFUNDS 3350 368531 06/14/2018 UTIL REFUNDS 94.94 368532 06/142018 UTIL REFUNDS 42.60 368533 06/14/2018 UTILREFUNDS 61.38 368534 06/142018 UTILREFUNDS 13.26 368535 06/14/2018 UTILREFUNDS 71.97 368536 06/142018 UTILREFUNDS 4.53 368537 06/142018 UTIL REFUNDS 19.61 368538 06/142018 UTIL REFUNDS 79.90 368539 06//42018 UTIL REFUNDS 44.76 368540 06/14/2018 UTIL REFUNDS 14.48 368541 06/142018 UTILREFUNDS 341.99 368542 06/142018 UTI I, REFUNDS 137.00 Grand Total: 1,856,645.91 20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5982 06/0812018 K.IMLEY HORN & ASSOC INC 3.1,564.91 5983 06/08/2018 CDM SMITH INC 15,590.50 5984 06/08/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 36.400.00 5985 06/08/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 18,447.52 5986 06/08/2018 1R.0 CHAMBER OF COMMERCE 4,833.52 5987 06/08/2018 IR.0 CHAMBER OF COMMERCE 26.385.05 5988 06/08/2018 STEWART TITLE COMPANY INC 15,000.00 5989 06/08/2018 VETERANS COUNCIL OF I R C 7.833.82 5990 06/08/2018 MUTUAL OF OMAHA 16,888.88 5991 06/08/2018 C E R SIGNATURE CLEANING 5.250.00 5992 06/08/2018 C E R SIGNATURE CLEANING 3.680.00 59933 06/12/2018 IRS -PAYROLL TAXES 17,272.43 5994 06/12/2018 ATLANTIC COASTAL LAND TITLE CO LLC 13,907.10 5995 06/13/2018 RX BENEFITS INC 195,384.37 5996 06/13/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10,942.44 Grand Total: 41938054 21 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 10.13397 06/08/2018 COMCAST 104.85 1013398 06/12/2018 AT&T 67.68 1013399 06/12/2018 WASTE MANAGEMENT INC 5,474.59 1013400 06/14/2018 COPYCOINC 234.00 1013401 06/14/2018 NORTH SOUTH SUPPLY .INC 925.14 1013402 06/14/2018 MIKES GARAGE & WRECKER SERVICE INC 185.00 1013403 06/14/2018 MEEKS PLUMBING INC 294.00 1013404 06/14/2018 SOUTHERN COMPUTER WAREHOUSE 248.65 1013405 06/14/2018 PERKINS INDIAN .RIVER.. PHARMACY 143.95 1013406 06/14/2018 PRIDE ENTERPRISES 3,970.00 1013407 06/14/2018 SHRIEVE CHEMICAL CO 4.821.04 10133408 06/14/2018 RECHTIEN INTERNATIONAL TRUCKS 393.33 1013409 06/14/2018 METRO FIRE PROTECTION SERVICES INC 233.00 1013410 06/14/2018 L,&L DISTRIBUTORS 112.50 1013411 06/14/2018 PACE ANALYTICAL SERVICES INC 4,982.00 1013412 06/.14/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 170.00 1013413 06/14/2018 NEXAIR LLC 1.274.02 Grand Total: 23,633.75 22 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department '1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 21, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 15, 2018 to June 21, 2018 cofop w fYp C - O Y o R'L�R coull,'A In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 15, 2018 to June 21, 2018. 23 CHECKS WRITTEN TRANS 'NBR DATE VENDOR AMOUNT 368543 06/21/2018 UTIL REFUNDS 31.16 368544 06/21/2018 UTIL REFUNDS 75.96 368545 06/21/2018 UTIL REFUNDS 87.20 368546 06/21/2018 UTIL REFUNDS 78.32 368547 06/21/2018 UTIL REFUNDS 407.54 368548 06/21/2018 UTIL REFUNDS 29.17 368549 06/21/2018 UTIL REFUNDS 35.88 368550 06/21/2018 UTIL REFUNDS 1.73 368551 06/21/2018 UTIL REFUNDS 35.21 368552 06/21/2018 UTIL REFUNDS 39.58 368553 06/21/2018 UTIL REFUNDS 38.25 368554 06/21/2018 UTIL REFUNDS 17.43 368555 06121/2018 UTIL REFUNDS 33.47 368556 06/21/2018 UTIL REFUNDS 10.86 368557 06/212018 UTIL'REFUNDS 90.16 368558 06/212018 UTIL REFUNDS 65.39 368559 06212018 UTIL REFUNDS 50.00 368560 06212018 UTIL. REFUNDS 186.35 368561 0621/2018 UTIL REFUNDS 83.05 368562 06/212018 U71L REFUNDS 39.30 368563 0621/2018 UTIL REFUNDS 124.15 368564 06/212018 UTIL REFUNDS 72.16 368565 0621/2018 UTIL REFUNDS 96.80 368566 06/212018 UTIL REFUNDS 74.38 368567 0621/2018 UTIL REFUNDS 34.65 368568 06/21/2018 UTIL REFUNDS 87.00 368569 06/21/2018 UTIL REFUNDS 70.60 368570 06121/2018 UTIL REFUNDS 61.28 368571 06/21/2018 UTIL REFUNDS 81.23 368572 06/21/2018 UTIL REFUNDS 86.51 368573 06/21/2018 UTIL REFUNDS 85.18 368574 06212018 UTIL REFUNDS 32.19 368575 062U2018 UTIL REFUNDS 27.34 368576 06212018 UTIL REFUNDS 115.48 368577 0621/2018 UTIL REFUNDS 35.97 368578 06/212018 UTIL REFUNDS 76.47 368579 06/212018 UTIL REFUNDS 37.66 368580 06/21/2018 UTIL REFUNDS 79.90 368581 0621/2018 UTIL REFUNDS 60.96 368582 06/21/2018 UTIL REFUNDS 25.44 368583 06/21/2018 UTIL REFUNDS 27.80 368584 06/21/2018 UTIL REFUNDS 45.45 368585 06/21/2018 UTIL REFUNDS 31.36 368586 06/21/2018 UTIL REFUNDS 46.37 368,587 06/21/2018 UTIL REFUNDS 33.60 368588 06/21/2018 UTIL REFUNDS 484.68 368589 06/212018 UTIL REFUNDS 70.42 368590 06/21/2018 UTIL REFUNDS 69.80 368591 06212018 UTIL REFUNDS 42.16 368592 06212018 UTIL REFUNDS 21.49 368593 06/21/2018 UTIL REFUNDS 41.64 368594 06212018 UTIL REFUNDS 37.96 368595 06/21/2018 UTIL REFUNDS 72.96 368596 06/21/2018 UTIL REFUNDS 24.99 368597 06/21/2018 UTIL REFUNDS 32.46 368598 06/21/2018 UTIL REFUNDS 39.61 368599, 0621/2018 UTIL REFUNDS 70.95 368600 06/21/2018 UTIL REFUNDS 136.12 24 f TRANS NBR DATE VENDOR AMOUNT 368601 06/21/2018 UTIL REFUNDS 22.97 368602 06/21/2018 UTIL REFUNDS 37.48 368603 06/21/2018 UTIL REFUNDS 41.75 368604 06/21/2018 UTIL REFUNDS 51.18 368605 06/21/2018 UTIL REFUNDS 33.64 368606 06/21/2018 UTIL'REFUNDS 22.40 368607 06/21/2018 UTIL REFUNDS 41.75 368608 06/21/2018 UTIL REFUNDS 11.21 368609 06/21/2018 UTIL REFUNDS 256.82 368610 06/21/2018 UTIL.REFUNDS 44.88 368611 06/21/2018 UTIL REFUNDS 39.19 368612 06/21/2018 UTIL REFUNDS 35.21 368613 06/21/2018 UTIL REFUNDS 24.49 368614 06/21/2018 UTIL REFUNDS 81.64 368615 06/21/2018 UTIL REFUNDS 81.82 368616 06/21/2018 UTIL REFUNDS 36.46 368617 06/2112018 UTIL REFUNDS 100.00 368618 06/21/2018 UTIL REFUNDS 40.76 368619 06/21/2018 UTIL REFUNDS 65.07 368620 06/21/2018 UTIL REFUNDS 49.92 368621 06/21/2018 UTIL REFUNDS 14.27 368622 06/21/2018 UTIL REFUNDS 27.56 368623 06121/2018 UTIL REFUNDS 43.14 368624 06/21/2018 UTIL REFUNDS 46.02 368625 06/21/2018 UTIL REFUNDS 15.73 368626 06/21/2018 UTIL:REFUNDS 57.49 368627 06/21/2018 UTILREFUNDS 35.89 368628 06/21/2018 UTIL REFUNDS 45.6.1 368629 06/21/2018 UTIL REFUNDS 40.61 368630 06/21/2018 UTIL REFUNDS 87.00 368631 06/21/2018 UTIL REFUNDS 64.89 368632 06/21/2018 UTIL REFUNDS 50.32 368633 06121/2018 UTIL REFUNDS 160.02 368634 06/21/2018 UTIL REFUNDS 37.39 368635 06121/2018 CLEMENTS PEST CONTROL 275.00 368636 06/11/2018 PORT CONSOLIDATED INC 1.285.94 368637 06/21/2018 GUARDIAN EQUIPMENT INC 814.00 368638 06/2112018 RANGER CONSTRUCTION IND INC 433.81 368639 06/21/2018 RICOH USA INC 268.65 368640 06/21/2018 HENRY SCHEIN INC 2,358.23 368641 06/21/2018 SAFETY PRODUCTS INC 308.76 368642 06/21/2018 AT&T WIRELESS 770.46 368643 06/21/2018 DELTA SUPPLY CO 32.50 368644 06121/2018 E-Z BREW COFFEE & BOTTLE WATER SVC 72.43 368645 06/21/2018 GRAINGER 384.25 368646 06/21/2018 MY RECEPTIONIST INC 292.97 368647 06/21/2018 AMERIGAS EAGLE PROPANE LP 1.786.35 368648 06/21/2018 LFI FORT PIERCE INC 810.00 368649 06/21/2018 CLIFF BERRY INC 94.50 368650 06/21/2018 PA.RKSON CORPORATION 2,591.59 368651 06/21/2018 VERO INDUSTRIAL SUPPLY INC 524.74 368652 06/21/2018 EXPRESS REEL GRINDING INC 3,500.00 368653 06/21/2018 TIRESOLES OF BROWARD :INC 5,746.95 368654 06/21/2018 BARTH CONSTRUCTION INC 30,362.77 368655 06/21/2018 CITY ELECTRIC SUPPLY 557.64 368656 06/21/2018 BAKER & TAYLOR INC 1,898.62 368657 06/21/2018 ALL COUNTY MOWER AND EQUIPMENT CORP 65.19 368658 0612l/2018 MIDWEST TAPE LLC 172.14 368659 06/21/2018 MICROMARKETING L.LC 526.08 368660 06/21/2018 PALM TRUCK CENTERS INC 1,970.70 25 TRANS NBR DATE VENDOR AMOUNT 368661 06/21/2018 GO COASTAL .INC 166.80 368662 06/21/2018 COMMUNITY ASPHALT CORP 177,016.08 368663 06/21/2018 SUNSHINE REHAB.ILATION CENTER OF IRC INC 3,650.00 368664 06/21/2018 CREATIVE CHOICE HOMES XVI .LTD 400.00 368665 06/21/2018 PING INC 151.16 368666 06/21/2018 CLERK OF CIRCUIT COURT 40.88 368667 06/21/2018 CITY OF VERO BEACH 71,382.00 368668 06/21/2018 NAN MCKAY AND ASSOCIATES INC 2,475.00 368669 06/21/2018 TREASURE COAST HOMELESS SERVICES 705.68 368670 06/21/2018 PUBLIX SUPERMARKETS 96.51 368671 06/21/2018 PUBLIX SUPERMARKETS 61.92 368672 06/21/2018 ACUSHNET COMPANY 120.55 368673 06/21/2018 DEANGELO BROTHERS INC 544.00 368674 06/21/2018 FLORIDA WATER & POLLUTION CONTROL 30.00 368675 06/21/2018 FLORIDA WATER & POLLUTION CONTROL 305.00 368676 06/21/2018 FLORIDA WATER & POLLUTION CONTROL 325.00 368677 06/2112018 FLORIDA WATER & POLLUTION CONTROL 405.00 368678 06/21/2018 IRC CHAMBER OF COMMERCE 30.00 368679 06/21/2018 WEST PUBLISHING CORPORATION 415.64 368680 06/21/2018 RIVERFRONT HOTEL LLC 121.00 368681 06/21/2018 MORGAN & EKLUND INC 5,044.50 368682 06/21/2018 CITY OF SEBASTIAN 24,045.85 368683 06/21/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 224.00 368684 06/21/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 10,957.72 368685 06/21/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,784.01 368686 06/21/2018 FLORIDA POWER AND LIGHT 48,559.04 368687 06/21/2018 FLORIDA POWER AND LIGHT 3,199.57 368688 0621/2018 TAYLOR MADE GOLF CO INC 17.91 368689 06/21/2018 STATE ATTORNEY 9,817.11 368690 06/21/2018 CITY OF FELLSMERE 178.31 368691 06/21/2018 PEACE RIVER ELECTRIC COOP INC 308.41 368692 06/212018 NEW HORIZONS OF THE TREASURE COAST 25,127.50 368693 06/2120.18 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 368694 06/21/2018 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,719.03 368695 0621/2018 TOCOMA RUBBER STAMP & MARKING SYSTEM 62.63 368696 06/21/2018 IRC HEALTHY START COALITION INC 2,500.00 368697 06/21/2018 IRC HEALTHY START COALITION :INC 2,500.00 368698 06/21/2018 IRC HEALTHY START COALITION INC 2.500.00 368699 06/21/2018 IRC HEALTHY START COALITION INC 2,500.00 368700 0621/2018 CHANNING BETE CO INC 110.00 368701 0621/2018 ALAN C KAUFFMANN 180.00 368702 0621/2018 G K ENVIRONMENTAL INC 1,437.50 368703 06/21/2018 JOI4N BROWN & SONS INC 10,500.00 368704 06212018 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 56.00 368705 06/21/2018 CHILDRENS HOME SOCIETY OF FL 2,500.00 368706 0621/2018 BANK OF NEW YORK 412.50 368707 06/21/2018 VORTECH PHARMACEUTICALS LTD 221.55 368708- 0621/2018 PARALEGAL ASSOCIATION OF FL INC 90.00 368709 06/21/2018 VERO CLUB PARTNERS LTD 1,398.00 368710 06/21/2018 FORT PIERCE HOUSING AUTHORITY 528.00 368711 06212018 ECONOLITE CONTROL PRODUCTS INC 515.00 368712 06/212018 THE PALMS AT VERO BEACH 500.00 368713 06212018 GLOBAL EQUIPMENT CO INC 6,079.91 368714 06/21/2018 RUSSELL PAYNE INC 270.20 368715 06212018 TRANE US NC 118.501.64 368716 06/21/2018 CEL1CO PARTNERSHIP 218.27 368717 06/21/2018 VAN WAL INC 290.00 368718 06/21/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 368719 06/21/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 368720 06/21/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 26 TRANS NBR DATE VENDOR AMOUNT 368721 06/2:1/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 368722 06/2I2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 368723 06/2112018 FLORIDA FLOODPLAINT MANAGERS ASSOC 60.00 368724 0621/2018 ALAN If1LL 115.98 368725 06/212018 FASTENAL COMPANY 28.03 368726 06212018 COASTAL TECHNOLOGY CORPORATION 7,994.88 368727 06/212018 SOUTHERN JANITOR SUPPLY INC 126.91 368728 06212018 SOUTHERN JANITOR SUPPLY INC 1,298.21 368729 06212018 M T CAUSLEY INC 27,778.75 368730 06212018 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 368731 06/212018 MASTELLER & MOLE.R INC 41,335.00 368732 06/21/2018 ETR LLC 1,735.93 368733 06212018 GLOVER. OIL COMPANY INC 20,136.70 368734 062.1/2018 GERELCOM INC 399.95 368735 06212018 ARDAMAN & ASSOCIATES INC 1,576.00 368736 0621/1018 1 ST.FIRE & SECURITY INC 120.00 368737 06/212018 PETER OBRYAN 44.09 368738 06/21/1018 SONRISE VILLAS LTD 443.00 368739 062/2018 J014NNY B SMITH 175.00 368740 0621/2018 VERO SPRINKLER SYSTEMS INC 79.00 36874.1 06/212018 CHARLES A WALKER 80.00 368742 06212018 REDLANDS CHRISTIAN MIGRANT ASSOC 33,658.2.1 368743 06/212018 BILLYS AUTO SERVICE INC 60.00 368744 06/212018 VERO MILLWORK INC 2,468.68 368745 0621/2018 TRADEWINDS POWER CORP 71,071.03 368746 06/212018 YOUTH GUIDANCE DONATION FUND 3,333.33 368747 06212018 NICOLACE MARKETING INC 1,000.00 368748 06/212018 HELPING ANIMALS LIVE -OVERCOME 19.00 368749 06/212018 CREATIVE POWER SOLUTIONS INC 1,000.00 368750 06/212018 ATLANTIC COASTAL. LAND TITLE CO LLC 125.00 368751 06212018 BOULEVARD TIRE CENTER 1.882.85 368752 06/212018 FLORIDA ARMATURE, WORKS INC 3,757.63 368753 0621/1018 JOSEPH CATALANO 100.00 368754 06/212018 KEITH GROCHOLL 135.00 368755 0621/2018 PROMATIC INC 170.92 368756 06/212018 HEATHER HATTON 100.00 368757 062112018 NE\VSOM OIL COMPANY 1,001.73 368758 0621/2018 TIM ZORC 380.74 368759 06212018 CLEAN SWEEP & VAC LLC 6.206.00 368760 06212018 LOWES HOME CENTERS .INC 3,029.70 368761 06212018 ALADTEC INC 206.00 368762 0621/2018 CARDINAL HEALTH 110 INC 576.96 368763 0621/2018 MUNICIPAL EMERGENCY SERVICES INC 12.510.00 368764 0621/2018 KELLY LORRAINE- HAM:LIN 80.00 368765 06/21/2018 ALEX MIKLO 110.00 368766 0621/2018 THE NEW YORK BLOWER.CO 1.082.00 368767 06/21/2018 TREASURE COAST TURF INC 3.351.00 368768 0621/2018 CHEMTRADE CHEMICALS CORPORTATION 1,14130 368769 06/21/2018 BRUCE SABOL 80.00 368770 06/2 1,2018 SUSAN ADAMS 43.97 368771 06/21/2018 NAPIER & ROLLIN PLLC 842.50 368772 0621/2018 ARROW INTERNATIONAL 2,210.39 368773 0621/2018 CHADWIC.K PRESTON SMA,LLEY 1,468.00 368774 06/21P-018 RONALD NEC'E 1ELSON 100.00 368775 06/212018 FLORIDA.PALLETLLC 1._520.00 368776 06/21/2018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 368777 06/21/2018 SYLIVIA MILLER 1,732.00 368778 0621/2018 THE TRANSIT GROUP INC 4,794.68 368779 06/21/2018 SCRIPPS NP OPERATING LLC ,1,966.20 368780 06/21/2018 JOSEPH DI7_ONNO 180.00 27 TRANS NBR DATE VENDOR AMOUNT 368781 06/21/2018 CATHEDRAL CORPORATION 4,041.34 368782 06/21/2018 GERELCO TRAFFIC CONTROLS INC 650.00 368783 06/21/2018 UNIFIRST CORPORATION 742.75 368784 06/21/2018 TAMI GAY 4,_200.00 368785 06/21/2018 SITEONE LANDSCAPE SUPPLY LLC 101.34 368786 06/21/2018 GOTTA GO GREEN ENTERPISES INC 222.11 368787 06/21/2018 ADVANCE STORES COMPANY INCORPORATED 532.13 368788 06/21/2018 EGP DOCUMENT SOLUTIONS LLC 322.15 368789 06/21/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 55.88 368790 06121/2018 WURTH USA INC 99.95 368791 06/21/2018 RUSSELL L OWEN .III 105.00 368792 06/21/2018 EZLINKS GOLF LLC 300.00 368793 06/21/2018 EDWARD ILLIDGE 130.00 368794 06/21/2018 LESLIE N MUNROE 213.87 368795 06/21/2018 COVERALL NORTH AMERICA .INC 2,015.00 368796 06/21/2018 DEBBIE CARSON 75.00 368797 06/21/2018 PEOPLE .READY 'INC 18,140.04 368798 06/21/2018 ROBERT O RICHARDSON III 20.00 368799 06/21/2018 EMILY GOUGE 110.00 368800 06/21/2018 COLE AUTO SUPPLY INC 427.94 368801 06/21/2018 DIAMOND TEC ENTERPRISES LLC 1,199.40 368802 06/21/2018 BRIDGETTE EARNEY 150.00 368803 06/21/2018 FORERUNNER TECHNOLOGIES INC 4,191.00 368804 06121/2018 BETH NOLAN 140.00 368805 06/21/2018 THOMAS R PILIERO 40.00 368806 06/21/2018 SARAH KELLY 250.00 368807 06/21/2018 AQUATIC SYNERGY LLC 320.00 368808 06/21/2018 CALVIN GIORDANO & ASSOCIATES INC 13,481.25 368809 06/21/2018 STUART RUBBER STAMP & SIGN CO INC 264.71 368810 06/21/2018 CORE & MAIN LP 2,135.04 368811 06/21/2018 STEWART MATERIALS LLC 1,568.76 368812 06/21/2018 WOERNER AGRIBUSINESS LLC 233.00 368813 06/21/2018 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,088.00 368814 06/21/2018 TYKES & TEENS INC 5,330.25 368815 06/21/2018 STEPHEN STONE 105.00 368816 06/21/20.18 JOSEPH LORINO 105.00 368817 06/21/2018 US FOUNDRY & MFG CORPORATION 1,941.72 368818 06/21/2018 JSG AMATEUR SPORTS CORP 150.00 368819 06/21/2018 FLORIDA OUTDOOR SERVICES INC 600.00 368820 06/21/2018 AAG LIVE INC 1,380.00 368821 06/21/2018 TAYLOR ANNE HATTO'N 80.00 368822 06/21/2018 JOSEPH KOLODZIEJCZAK 25.00 368823 06/21/2018 ERIC GILREATH 75.00 368824 06/21/2018 SHAWN CONBOY 75.00 368825 06/21/2018 AMERICAN JANITORIAL INC 2,879.13 368826 06/21/2018 MICHAEL GEORGE SNOWHILL 50.00 368827 06121/2018 RICHARD HALL 72.00 368828 06/2)/2018 UTIL REFUNDS 46.30 368829 06/21/2018 UTIL REFUNDS 22.87 368830 06/21/2018 UTIL REFUNDS 38.34 368831 06/21/2018 UTIL REFUNDS 5.79 368832 06/21/2018 UTIL REFUNDS 47.72 368833 06/21/2018 UTIL REFUNDS 64.60 368834 06/21/2018 UTIL REFUNDS 29.58 368835 06/21/2018 UTIL REFUNDS 47.10 368836 06/21/2018 UTIL REFUNDS 19.78 368837 06/21/2018 UTIL REFUNDS 214.78 368838 06/21/2018 UTIL REFUNDS 22.87 368839 06/21/2018 UTIL REFUNDS 153.80 368840 06/21/2018 UTIL REFUNDS 44.60 28 TRANS NBR DATE VENDOR AMOUNT 368841 06/21/2018 UTIL REFUNDS 155.38 368842 66/21/2018 UTIL REFUNDS 58.83 368843 06/21/2018 UTIL REFUNDS 53.08 368844 06/21/2018 UTIL REFUNDS 44.18 368845 06/21/2018 UTIL REFUNDS 39.19 368846 06/21/2018 UTIL REFUNDS 67.27 368847 06/21/2018 UTIL REFUNDS 42.36 368848 06/21/2018 UTIL REFUNDS 197.29 368849 06/21/2018 UTIL REFUNDS 80.88 368850 06/21/2018 UTIL REFUNDS 156.56 368851 06/21/20]8 UTIL REFUNDS 30.57 368852 06/21/2018 UTIL REFUNDS 17.60 368853 06/21/2018 UTIL REFUNDS 703.32 368854 06/21/2018 UTIL REFUNDS 40.19 368855 06/21/2018 UTIL REFUNDS 120.52 368856 06/2.1/2018 UTIL REFUNDS 68.40 368857 06/21/2018 UTILREFUNDS 27.93 368858 06/21/2018 UTIL REFUNDS 45.24 368859 06/21/2018 UTIL REFUNDS 81.81 368860 06121/2018 UTIL REFUNDS 10.32 368861 06/21/2018 UTIL REFUNDS 17.08 368862 06/21/2018 UTIL REFUNDS 11.43 368863 06/21/2018 UTIL REFUNDS 70.44 368864 06/21/2018 UTIL REFUNDS 73.58 368865 06/21/2018 UTIL REFUNDS 16.13 368866 06/21/2018 UTIL REFUNDS 21.49 368867 06/21/2018 UTIL REFUNDS 47.59 368868 06/21/2018 UTIL REFUNDS 73.80 368869 06/21/2018 UTIL REFUNDS 39.33 368870 06/21/2018 UTIL REFUNDS 73.58 368871 06/21/2018 UTIL REFUNDS 71.75 368872 06/21/2018 UTIL REFUNDS 75.16 Grand Total: 929,408.66 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013414 06/15/2018 EVERGLADES FARM EQUIPMENT CO INC 4,857.38 1013415 06/15/2018 COLKITT SHEET METAL & A/C INC 146.00 1013416 06/15/2018 ROBINSON EQUIPMENT COMPANY INC 523.24 1013417 06/15/2018 COPYCOINC 120.40 1013418 06/15/2018 NORTH SOUTH SUPPLY INC 225.32 1013419 06/15/2018 HELENA CHEMICAL 3,197.55 1013420 06/15/2018 COLD AIR DISTRIBUTORS WAREHOUSE 434.86 1013421 06/15/2018 INDIAN RIVER BATTERY 1,500.95 1013422 06/15/2018 INDIAN RIVER OXYGEN INC 1,551.75 1013423 06/15/2018 RING POWER CORPORATION 226.03 1013424 06/15/2018 DEMCO INC 100.56 1013425 06/15/2018 MIKES GARAGE & WRECKER SERVICE INC 120.00 1013426 06/15/2018 DAVES SPORTING GOODS & TROPHIES 1,982.67 1013427 06/15/2018 APPLE INDUSTRIAL SUPPLY CO 745.62 1013428 06/15/2018 GALLS LLC 997.85 1013429 06/15/2018 MEEKS PLUMBING INC 262.00 1013430 06/15/2018 ALLIED UNIVERSAL CORP 17,365.76 1013431 06/15/2018 IRRIGATION CONSULTANTS UNLIMITED INC 775.98 1013432 06/15/2018 GROVE WELDERS INC 28.15 1013433 06/15/20.18 GROVE WELDERS INC 1,042.59 1013434 06/15/2018 COMPLETE RESTAURANT EQUIPMENT LLC 3,494.13 1013435 06/15/2018 COMMUNITY ASPHALT CORP 0.00 1013436 06/15/2018 COMO OIL COMPANY OF FLORIDA 256.38 1013437 06/15/2018 GLOBAL GOLF SALES INC 117.54 1013438 06/15/2018 COMPLETE ELECTRIC INC 280.00 1013439 06/15/2018 FLAGLER CONSTRUCTION EQUIPMENT LLC 833.01 1013440 06/15/2018 METRO FIRE PROTECTION SERVICES INC 57.00 1013441 06/15/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 408.72 1013442 06/15/2018 AUTO PARTNERS LLC 790.75 1013443 06/15/2018 L&L DISTRIBUTORS 577.80 1013444 06/15/2018 STAT MEDICAL DISPOSAL INC 905.00 1013445 06/15/2018 HYDRA SERVICE (S) INC 992.00 1013446 06/15/2018 GUARDIAN ALARM OF FLORIDA LLC 2.395.17 1013447 06/19/2018 OFFICE DEPOT BSD CUSTOMER, SVC 2,192.05 1013448 06/19/2018 WASTE MANAGEMENT INC 1,382.15 1013449 06/19/2018 POLYDYNE INC 5,152.00 1013450 06/19/2018 WHEELABRATOR RIDGE ENERGY INC 4,414.05 1013451 06/21/2018 PARKS RENTAL & SALES INC 282.25 1013452 06/21/2018 NORTH SOUTH SUPPLY INC 36.99 1013453 06/21/2018 WORLD INDUSTRIAL EQUIPMENT INC 895.00 1013454 06/21/2018 WIGINTON CORPORATION 1,542.00 1013455 06/21/2018 THYSSENKRUPP ELEVATOR 195.00 1013456 06/21/2018 PRIDE ENTERPRISES 5.419.66 1013457 06/21/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 375.00 1013458 06/21/2018 NEXAIR LLC 48.86 Grand Total: 69.247.17 30 ELECTRONIC .PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5997 06/15/2018 TEAMSTERS LOCAL UNION #769 5,396.50 5998 06/15/2018- FLORIDA DEPARTMENT OF REVENUE 1.536.57 5999 06/15/2018 FLORIDA DEPARTMENT OF REVENUE 10,646.87 6000 06/15%2018 FLORIDA DEPARTMENT OF 'REVENUE 2,177.79 6001 06/1512018 FLORIDA DEPARTMENT OF REVENUE 2,274.90 6002 06115/2018 SC1400L DISTRICT OF I R COUNTY 178,970.00 6003 06/15/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 4,173.33 6004 06/15/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 56,037.08 6005 06/18/2018 IRS -PAYROLL TAXES 424,440.88 '6006 06/19/2018 FL SDU 6.183.45 6007 06/19/2018 ELITE TITLE 27,560.00 6008 06/19/2018 .ELITE TITLE 17,560.00 6009 06/19/201,8 ELITE TITLE 22,560.00 6010 06/20/2018 TEN -8 FIRE :EQUIPMENT INC 1,012,192.16 6011 06/2112018 SENIOR. RESOURCE ASSOCIATION 309,724.14 Grand Total: 2,081,433.67 31 Consent Agenda - B. C. C. 7.3.18 Ofce of gC INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Q01" DATE: June 22, 2018 SUBJECT: Kane County, Utah v. United States Class Action Lawsuit BACKGROUND. The above -referenced litigation involves the underpayment by the federal government to local governments of payments under 31 U.S.C. § 6902 of the Payment in Lieu of Taxes Act (the "Act") for fiscal years, 2015, 2016 and 2017. Indian River County received the attached Official Notice from the United States Court of Federal Claims and the Class Action Opt -In Notice Form because Indian River County has received payments from the federal government under the Act for one or more of those years. By September 14, 2018, the Indian River County Board of County Commissioners ("Board") has to decide whether to submit the Class Action Opt -In Notice Form. In order to participate Indian River County must submit the Class Action Opt -In Notice Form, If Indian River County submits the Class Action Opt -In Notice Form, Indian River County will acquire rights to any money that the United States Court of Federal Claims deems is due to Indian River County because of underpayments in 2015, 2016 and/or 2017. By submitting the Class Action Opt -In Notice Form, Indian River County will be bound by the outcome. If Indian River County does not submit the Class Action Opt -In Notice Form, then Indian River County will not be included in the lawsuit, but will maintain its right to sue the federal government for underpayments under the Act. FUNDING. There is no funding associated with this item if the Board decides to participate in the lawsuit and submit the Class Action Opt -In Notice Form. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to participate in the lawsuit and submit the Class Action Opt -In Notice Form. ATTACHMENT(S). Official Notice and Class Action Opt -In Notice Form 32 F-APt YUJI"ACENERAM C CIAg-da Me-1Pay.-1 to lieu-fT ee Clore Aal—dor United States Court of Federal Claims JUN 2 1 2018 Washington, D.C. COUNry OFFICIAL NOTICE O F,C �RNEI'�S The United States Court of Federal Claims has certified a CLASS ACTION lawsuit regarding your right to recover additional sums under the PAYMENTS IN LIEU OF TAXES ACT [PILT Act] for fiscal years 2015, 2016, and 2017. This is not a solicitation from a lawyer. The Court of Federal Claims, in the case of Kane County, Utah v. United States, Case Nos. 17-739C and 17-1991 C (Consolidated) [the Lawsuit], has directed sending this notice to a Class made up of. "All `unit[s] of general local government,' as defined in 31 U.S.C. § 6901(2), that received payment under 31 U.S.C. § .6902(a) of the Payment in Lieu of Taxes Act [PILT Act] in fiscal years 2015, 2016 and/or 2017." You are receiving this notice because you are a unit of local government believed (1) to be a member of that Class, and (2) to have been underpaid in those years. The Lawsuit seeks to recover monies that the Court has determined that the federal government owes each Class Member for the underpayment of its respective PILT Act entitlement in fiscal years 2015, 2016, and/or 2017. To obtain the money that the federal government owes you, without having to file your own lawsuit, you must submit a Class Action Opt -.In Notice Form which can be done quickly and securely online at www.PILTPayments.com. You may also complete and return the enclosed copy of the Class Action Opt -In Notice Form by first class mail or pre -paid delivery service. To participate in the Lawsuit, you must submit your completed Class Action Opt -In Notice no later than September 14, 2018. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT • This Notice has been sent to you by order of a federal court. Please read this Notice carefully and fully. It explains the opportunity you now have to join a Class Action Lawsuit currently pending before the Court. 0 The Court is neither encouraging nor discouraging you to join the Lawsuit. You have the right to participate in the Lawsuit as a Class Member, or to do nothing and be excluded from the Lawsuit. 33 • Please Note: This particular Class Action differs from many other class actions in the United States because, o if you do nothing, you will not be able to participate in the Lawsuit, and o the Court has already ruled that the federal government owes each Class Member for underpayments in fiscal years 2015, 2016, and/or 2017. SUMMARY OF YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT By submitting a Class Action Opt -In Notice Form you are asking to be included in the Lawsuit, receive any PILT Act underpayments recovered in the Lawsuit, and be bound by its results. ASK TO BE INCLUDED (OPT INTO THE CLASS ACTION • You acquire rights to any money that the Court determines that you LAWSUIT) are due as a result of underpayment, in fiscal years 2015 through 2017, of your entitlement under Section 6902 of the PELT Act. • You will be bound by the outcome of the case, whether favorable or unfavorable to you. You will also give up the right to sue the federal government on your own, and at your own expense, for the same legal claims made in the lawsuit. In order to join the Lawsuit, you must submit a completed Class Action Opt -In Notice Form online, by first class mail, or by pre -paid delivery service. The Class Action Opt -In Notice Form must be submitted, postmarked, or delivered no later than September 14, 2018. Do NOTHING If you do nothing, you will not be included in the Lawsuit, and you will have no right to any money recovered in the Lawsuit. But you will keep the right to sue the federal government for any alleged PELT Act underpayments in fiscal years 2015 through 2017, on your own and at your own expense. • Your rights and options, and the deadline to exercise them, are further explained below. • This Notice may affect your legal rights. Read it carefully. 2 34 BASIC INFORMATION 1. Why did I get this Notice? The federal government's records show that you are a unit of local government that received a payment pursuant to Section 6902 of the PELT Act in fiscal years 2015, 2016, and/or 2017. This Notice advises you that: a. The Court has allowed, or "certified," a Class Action Lawsuit against the United States to recover amounts which the Court has determined that the government was required to pay units of local government under 31 U.S.C. § 6902, but did not pay in full in fiscal years 2015, 2016 and 2017. b. You are eligible to participate in the Lawsuit by completing and timely submitting a Class Action Opt -In Notice Form. The Form may be completed and submitted online at www.PILTPayments.com. Alternatively, you may complete the enclosed copy of that Class Action Opt -In Notice Form and submit it by first class mail or by pre -paid delivery service. 2. What is this Lawsuit about? This Lawsuit is about whether the federal government was required to pay in full the amounts due to units of local government under Section 6902 of the PELT Act in fiscal years 2015, 2016, and 2017. The Class Representative (Kane County, Utah) contended that the federal government underpaid units of local government in those years, and that all Class Members are entitled to recover the underpayment amounts. The government denied that any units of local government were entitled to any additional PELT payments beyond the amounts already paid for those years. 3. What has the Court decided? The Court has ruled that provisions of Section 6902 of the PILT Act obligated the federal government to pay eligible units of local government the full amounts calculated by a formula set forth in the Act even though Congress failed to appropriate sufficient funds to do so in fiscal years 2015 through 2017 (noting that Kane County had not challenged (and the decision did not therefore extend to) the portion the government's reduction of its fiscal year 2015 PILT payments caused by the sequestration of part of the funds appropriated to make FY 2015 PELT payments). The Court granted summary judgment, in favor of the Class, as to the government's liability for underpaying Class Members in those years. The Court has not yet determined the amount by which the Class as a whole, or any individual Class Member, was underpaid in those years. As of the date of this notice, Class Counsel 35 and counsel for the government have agreed on the amount of the underpayment in fiscal years 2015 and 2016, and anticipate reaching agreement on the amount of the underpayment in fiscal year 2017. The Court's decision is subject to appeal. 4. What is a Class Action and who is involved? In a class action, one or more Class Representatives (in this case, Kane County, Utah) sues on behalf of all Class Members (in this case, units of local government that receive PILT payments) who have the same or similar claims. Kane County and all other Class Members who choose to participate in the Lawsuit are the "Plaintiffs." The United States is the "Defendant." In a class action at the United States Court of Federal Claims, the Court resolves all issues for all Class Members who choose to participate in the Lawsuit. Here, that includes the Court's decision that the government is liable, described in paragraph 3 above. 5. Why is this lawsuit a CIass Action? The Court has decided that this Lawsuit meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims, which governs class actions in that Court. Specifically, the Court has ruled that: • The potential Class is so numerous that joinder of all Class Members is impractical; • There are legal questions and facts common to each Class Member's claim; • The Class Representative's claim is typical of the claims of other Class Members; • The Class Representative, Kane County, Utah, and Class Counsel, Alan I. Saltman, a partner in the Washington, D.C. office of Smith, Currie & Hancock LLP, will fairly and adequately represent the interests of the Class; • The common legal and factual questions predominate over questions affecting only individual Class Members; and • This Class Action will be more efficient than having many individual lawsuits. 6. What is requested in this Lawsuit? The Class Representative seeks, for itself and for all other Class Members who choose to participate in the Lawsuit, payment of the amounts by which each was underpaid in fiscal years 2015 through 2017. Class Counsel will also ask the Court for an award of attorney's fees and expenses. 4 36 WHO MAY PARTICIPATE IN THE CLASS ACTION 7. Am I part of this Class Action Lawsuit? You must decide whether you wish to participate in the Lawsuit. You cannot participate unless and until you fill out and submit—online, by first class mail, or by pre -paid delivery service—the Class Action Opt -In Notice Form found on the website _www.PILTPayments.com. A copy of the Form is also enclosed. The Rules of the United States Court of Federal Claims require that Class Members choose whether to "opt into" the lawsuit. If you fit the description in the next question—and the government's records indicate that you do=you may opt into and participate in this Lawsuit. If you do nothing, you will be excluded from the Lawsuit and will forfeit your right to receive any monies recovered in the Lawsuit. 8. Who can participate in the Lawsuit? The Court has decided that the Class consists of- "All f"All `unit[s] of local government,' as defined in 31 U.S.C. § 6901(2), that received payment under 31 U.S.C. § 6902(a) of the Payment in Lieu of Taxes Act in fiscal years 2015; 2016, and/or 2017." Any unit of local government meeting this definition may participate in this Lawsuit by timely submitting a completed Class Action Opt -In Notice Form. 9. Does participating in the Lawsuit cost any money? No. YOUR OPTIONS 10. How can I participate in this Lawsuit? You can complete and submit your Class Action Opt -In Notice Form online at www.PILTPWnents.com. Alternatively, you can complete the enclosed Class Action Opt -In Notice Form and send it by first class mail to: PILT Payments Class Action, P.O. Box 65876, Washington, D.C. 20035-5876; or by pre -paid delivery service to: PILT Payments Class Action, 1025 Connecticut Avenue NW, Suite 600, Washington, D.C. 20036. However you transmit it, you must submit your completed Form no later than September 14, 2018 if you wish to participate in the Lawsuit. Do not delay. 37 11. What happens once I choose to participate in this Lawsuit? As a Class Member who chooses to participate in the lawsuit, you will be represented by Class Counsel, who will take all actions necessary to protect your rights. You will receive the benefit of, and be bound by, all rulings, orders, judgments entered, or settlements approved by the Court, whether favorable or unfavorable. You will not, however, be asked to make any out-of-pocket payment of attorney's fees or expenses in the case. 12. If I choose to participate in the Lawsuit, what will I be required to do? After timely submitting a completed Class Action Opt -In Notice Form, the parties currently do not anticipate that you will have to do anything else. 13. What happens if I choose not to participate in the Lawsuit? If you do not submit a completed Class Action Opt -In Notice Form online on or before September 14, 2018; by first class mail postmarked on or before September 14, 2018; or by pre -paid delivery service delivered no later than September 14, 2018, you will be barred from participating in the Lawsuit and will not be entitled to any portion of any monetary recovery by judgment or settlement of the Lawsuit. You will retain the right to sue the federal government on your own about the same legal claims made in the Lawsuit, and will not be bound by the Court's judgment in the Lawsuit. If you decide to pursue your claim independently, outside of this Lawsuit, you should consult an attorney and do so promptly because certain statutes of limitation may bar or limit your claim. If you choose to hire your own attorney, you will be responsible for paying the full cost of that attorney. THE LAWYERs REPRESENTING YOU 14. If I choose to participate in the Lawsuit, do I have to hire a lawyer to represent me? No. The Court has decided that Alan I. Saltman and the firm of Smith, Currie & Hancock LLP are qualified to represent you and all other Class Members who choose to participate. They are called "Class Counsel." Mr. Saltman is experienced in handling similar cases against the federal government. If you choose to file a Class Action Opt -In Notice Form, you agree to legal representation by Mr. Saltman and his firm. 15. Should I hire my own lawyer? If you decide to participate in the Lawsuit, you do not need to hire a lawyer because Class Counsel is and will continue working on your behalf. But you are permitted to hire your own lawyer if you would like to do so. For 6 38 example, you may have your own lawyer appear in Court if you want someone other than Class Counsel to speak for you. Of course, if you choose to hire your own lawyer, you will be responsible for paying the full cost of that lawyer. 16. How will Class Counsel be paid? Class Counsel will submit a request for its fees and expenses to the Court. You will not have to pay any fees or expenses directly. The fees and expenses that the Court determines should be paid to Class Counsel, if any, might be deducted from the money obtained for the Class and might reduce the amount available for distribution to Class Members, and therefore reduce the amount of money you receive. LITIGATION INFORMATION 17. How and when will the Court decide the amount of the underpayments? Class Counsel and counsel. for the government have already agreed on the amount of the underpayments in fiscal years 2015 and 2016, and anticipate that they will also reach agreement on the amount of the underpayment in fiscal year 2017. Should that not occur, Class Counsel will have to prove the amount of the underpayments in fiscal year 2017 at trial. No trial date has been set. The Court has not yet entered judgment in any amounts for any of the years involved in the Lawsuit. 18. If there is a trial on damages, must I attend? If there is a trial on damages, you do not need to attend. Class Counsel will present the case on behalf of all Class Members participating in the Lawsuit. You and/or your own lawyer are welcome, and entitled, to attend at your own expense. 19. When will I get any money from the lawsuit? After the Court has determined (a) which Class Members have chosen to participate in the lawsuit, (b) the underpayment amounts, and (c) the fees and expenses that should be paid to Class Counsel, you will be notified about how and when you will receive your payment. At this time, the parties do not know how long that will take, or whether there will be any appeal from the Court's decisions that could impact the entitlement, timing, or amount of any payments. 7 39 GETTING MORE INFORMATION 20. Is more information available from the Court? The pleadings and other records in the Lawsuit may be examined during regular business hours at the Office of the Clerk of the United States Court of Federal Claims. The Court's address is: United States Court of Federal Claims 717 Madison Place, N.W. Washington, D.C. 20005 THE COURT HAS INSTRUCTED THAT YOU SHOULD NOT CONTACT THE CLERK'S OFFICE BY TELEPHONE, E-MAIL, OR MAIL FOR INFORMATION ABOUT THIS CASE. Please do not contact .the United States Court of Federal Claims with questions or requests for information. 21. Who can I contact if I have a question or need additional information? Both a copy of the Court's decisions on Kane County's Motions for Summary Judgment, and its Order certifying the Class are also available at www.Smithcurrie.com/PILTPManentsInfo. Any questions you have can be submitted at www.Smithcurrie.com/PILTPaymentshifo and Class Counsel will respond. The answers to Frequently Asked Questions, and to submitted questions of general interest, will also be posted there. 8 40 Class Action Opt -In Notice Form UNITED STATES COURT OF FEDERAL CLAIMS Kane County, Utah v. United States Case Nos. 17-739C and 17-1991C (Consolidated) 1. To participate in this lawsuit as a Class Member, please fill out this form completely and legibly. It must be submitted, postmarked, or delivered no later than September 14, 2018. See Paragraph 5 below for the addresses for (a) electronic submission via the intemet; (b) first class mail; and (c) delivery by pre -paid delivery service. 2. Please fill in the name of the unit of local government [i.e., County, City, Town, Borough, Parish, etc.) opting into the Kane County, Utah v. United States Class Action lawsuit: Unit of local government State 3. Please fill in the following information for the unit of local government: Name of the person who will act as contact for the unit of local government regarding the Class Action lawsuit: His /Her: Title Mailing Address: Telephone number: E-mail address: 4. By signing your name in the space below (or filling in an electronic signature in the format IV -First name Last name if submitting via the iriternet) you are declaring under penalty of perjury .,.under the laws_of the United States that 41 Page 1 of 2 (a) The unit of local government named above wishes to opt into the Class Action lawsuit: Kane County, Utah. v. United States, Case Nos. 17-739C and 17-1991-C (Consolidated). (b) You are authorized by the unit of local government named above to sign this document on its behalf. Sign Your Name: Date: Print/Type Your Name: Your Position or title with the unit of local government: Your e-mail address: Your phone number: 5. Submit this completed form to: On Line.- by clicking "Submit" at httv://www.PUTpMments.com • A copy of this Class Action Opt -In Notice Form may also be downloaded at this website. By First Class Mail: PILT Payments_ Class_ Action P. O. Box 65876 Washington, D.C. 20035-5876 Pr -.e -paid D"elivery Service: PILT Payments Class Action 1025 Connecticut Avenue, N.W., Suite 600 Washington, D.C. 20036 42 Page 2 of 2 Consent Agenda Indian River County Interoffice Memorandum VD Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: June 22, 2018 Subject: Miscellaneous Budget Amendment 012 Description and Conditions On June 12, 2018 the Board of County Commissioners approved the Forerunner Technologies proposal to upgrade the County PBX system. Exhibit "A" appropriates $160,222 from Optional Sales Tax/Cash Forward -Oct 1St 2. The Orchid Island Golf & Beach Club donated $11,000 to the IRC Recreation Department as recipient of their 16th Annual Family 5K Walk/Run for charity. Exhibit "A" appropriates $3,000 for uniforms, $3,000 for athletics and $2,500 for a new ice machine at the North County Pool. The remaining $2,500 will be held for expenditures next year. 3. On March 1, 2016, the Board of County Commissioners approved a local Jobs Grant for Parabel USA Inc. Exhibit "A" appropriates $68,334 from General Fund/Reserve for Contingency representing the first payment due to Parabel Inc. 4. A donation of $3,000 was received for the artificial reef program. Exhibit "A" appropriates the funding. 5. The Main Library has received $23,722 and the North County Library has received $3,843 in donations. Exhibit "A" appropriates the funding. 6. On June 12, 2018, the Board of County Commissioners approved the purchase of a new grader for Road & Bridge. Exhibit "A' appropriates $ 200,147 from Transportation Fund/Cash Forward -Oct 1St 7. The bathroom fixtures at several of the Beach Parks need to be replaced. Exhibit "A" appropriates $35,300 from General Fund/Reserve for Contingency. 8. Additional expenses from Hurricane Matthew and Irma have been incurred. Exhibit "A" appropriates $1,190 from General Fund/Cash Forward -Oct 1St, $1,000 from MSTU/Cash Forward -Oct 1St (Irma expenses already documented to FEMA) and $31,909 for the Boat Club Island Dock repair from FL. Boating Improvement Fund/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 43 RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2017-2018 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2017-2018 Budget be and hereby is amended asset forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners :2 Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATT NEY Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 012 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Cash Forward -Oct 1 st 315039-389040 $160,222 $0 Expense Optional Sales Tax/Cash Forward -Oct 1st 31522019-066510-18030 $160,222 $0 2. Revenue MSTU/Misc. Revenue/Sponsorships- Recreation 004038-366104 $6,000 $0 MSTU/Misc. Revenue/Donations-Recreation 004038-366014 $2,500 $0 Expense MSTU/Recreation/Uniforms 00410872-035240 $3,000 $0 MSTU/Recreation/Athletics 00410872-041120 $3,000 $0 MSTU/NCAC/Other Machinery & Equipment 00410472-066490 $2,500 $0 3. Expense General Fund/Agencies/Local Jobs Grant-Parabel USA Inc. 00111015-088029 $68,334 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $68,334 4. Revenue Beach Restoration/Misc. Revenue/Other Contribution/Donation 128038-366090-14013 $3,000 $0 Expense Beach Restoration/Misc. Revenue/Other Contribution/Donation 12814472-066510-14013 $3,000 $0 5. Revenue General Fund/Misc. Revenue/Donations-Main Library 001038-366095 $23,722 $0 General Fund/Misc. Revenue/Donations-North County Books 001038-366100 $3,843 $0 Expense General Fund/Main Library/Books 00110971-035450 $23,722 $0 General Fund/North County Library/Books 00111271-035450 $3,843 $0 45 Resolution No. 2018 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 012 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6 Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $200,147 $0 Expense Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $200,147 $0 7. Expense General Fund/Parks/Maint-Buildings 00121072-034610 $35,300 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $35,300 8. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $1,190 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $1,000 $0 FL Boating Improvement Fund/Cash Forward -Oct 1st 133089-389040 $31,909 $0 Expense General Fund/Parks/Other Operating Supplies -Irma 00121072-035290-17026 $1,190 $0 MSTU/GAC/Maintenance-Buildings-Irma 00410572-034610-17026 $1,000 $0 FL Boating Improvement Fund/Other Contractual Services- Matthew 13321072-033490-17001 $31,765 $0 FL Boating Improvement Fund/Boat Club Island Dock- Matthew 13321072-066510-17001 $144 $0 46 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET DATE: June 27, 2018 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Michael Smykowski, Director, Management and Budget SUBJECT: Teen Court (Juvenile Diversion) Program Administration Transition Description: Pursuant to Florida Statute 939.185 and County Code 305.11, there is an additional $65 courtcost imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state. Authorized use of these funds is as follows: 25% is allocated for the law library, 25% is allocated for legal aid programs, 25% for court innovations, facility rent, maintenance, utilities and security of the court house, and 25% is allocated to support teen court (juvenile diversion) programs. Historically, Court Administration for the Nineteenth Judicial Circuit has administered the teen court funding. On April 9, 2018 Chief Judge Metzger of the Nineteenth Judicial Circuit wrote a letter (Attachment A) indicating that Court Administration would no longer administer these teen court programs; the phase- out of these programs administered by Court Administration will be complete effective July 31, 2018. As such, there will be residual funding remaining for the last two months of Fiscal Year 2017-18 and a new provider must be named to administer these funds in Fiscal Year 2018-19. The Nineteenth Judicial Circuit remains interested in seeing that juvenile diversion programs continue in the circuit. Although Court Administration cannot endorse any specific entity, the Nineteenth Judicial Circuit Juvenile Justice Advisory Board on civil citations has recommended that the Department of Juvenile Justice (DJJ) serve as the conduit for distribution of these funds (Attachment B, letter from Myra Zilahy, Chief Deputy Court Administrator). 47 Funding There is $28,779 budgeted for teen court programming in the Additional Court Costs Fund (141) in Fiscal Year 2017-18. As noted previously, Court Administration will complete its phase-out of programming responsibility by July 31, 2018. The current estimate of residual funds available for juvenile diversion programming for the last two months of FYI is $7,774. There is $27,500 budgeted for teen court programming in the Additional Court Costs Fund (141) in Fiscal Year 2018-19. The Department of Juvenile Justice (DJJ) has requested $27,500 in FY2018-19 funding for teen court (juvenile diversion) programs. (Attachment D). The Board will make initial funding decisions regarding the FY2018-19 budget at the budget workshop scheduled for July 11, 2018. Staff Recommendation Staff recommends that the Board of County Commissioners authorize the Department of Juvenile Justice (DJJ) to assume responsibility for administration of the Teen Court (juvenile diversion) programs, including the actual residual funds in this year's budget after the July 31, 2018 phase-out by Court Administration is complete. Staff further recommends that the County Attorney develops an interlocal agreement between Indian River County and the Department of Juvenile Justice for execution by the Chairman. Attachments: Attachment A, Letter from Chief Judge Metzger Attachment B, Letter from Chief Deputy Court Administrator Myra Zilahy Attachment C, Letter from Wydee'a E. Wilson, DJJ re.FYl 8 Residual Funds Attachment D, Letter from Wydee'a E. Wilson, DJJ re FYI Funding ELIZAI3CTH A. INETzcER CHIEF JUDGE Wydee'a E. Wilson, CPM Chief Probation Officer NINETEENTH JUDICIAL ClRcurr OF FLORIDA COUNTIES OF MARTIN, ST. LUCIE, INDIAN RIVER AND OKEECHOBEE 100 EAST OCEAN BOULEVARD STUART, FLORIDA34994 Department of Javenile Justice, Circuit 19 337 North 4'r' Street, Ste. 307 Fort Pierce, Florida 34950 Dear Ms, Wilson: April 9, 2018 JANET CASON JUDICIAL ASSISTANT (772)288.5560 FAX (772) 288-5559 In 2006, the Nineteenth Judicial Circuit entered into an interagency agreement forthe establishment of a juvenile civil citation program with the Offices of the State Attorney and Public Defender, the Department Of Juvenile Justice, the Vero Beach Police Department, and the respective Sheriffs of Indian River, Martin, St. Lucie, and Okeechobee Counties. Since that time, Court Administration has operated a civil citation program for juveniles referred pre -arrest by law enforcement in accordance with section 985.12, Florida Statutes, as well as a juvenile diversion program for juveniles referred post -arrest through the Office of the State Attorney. Section 985.12 was substantially amended during the 2018 legislative session, and the statute no longer contemplates any participation by the judicial branch in either the establishment or operation of civil citation. In addition, statutory fees used to support both civil citation and juvenile diversion have steadily declined over the years to the point where it is no longer financially feasible for Court Administration to operate the programs. Consequently, I am writing today to inform you that Court Administration will be phasing out both programs within the next few months. Court Administration staff and I will continue to work with the representatives of all parties to the interagency agreement and others to ensure that civil citation and juvenile diversion will continue under the direction and management of new and existing providers in the Nineteenth Judicial Circuit. S' is ely, Iizabeth A. tzger Chief Judge 49 ADMINISTRATIVE OFFICE OF THE COURTS June 6, 2018 Mr. Jason E. Brown, County Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 RE: Civil Citation and Juvenile Diversion Programs Local Option Funds FY 2017-18 and FY 2018-19 Dear Mr. Brown: NINETEENTH JUDICIAL CIRCUIT Pursuant to our conversation on Monday, I am writing to confirm that Court Administration for the Nineteenth Judicial Circuit will have completed phasing out its civil citation and juvenile dive rsiori.programs in all counties within -the Circuit effective July 31, 2018. Accordingly, Court Administration will not utilize the remaining local option funds available for the final two months of Indian River County's 2017-18 fiscal year. As to local option funds for fiscal year 2018-19 (which Court Administration has -not requested be included in its budget), I read section 939.185, Florida Statutes, to mean that any entity wishing to receive the funds must be so designated by the Indian River County Board of County Commissioners. Although Court Administration cannot endorse any such entity, you. should know that the Nineteenth Judicial Circuit Juvenile Justice Advisory' Board's subcommittee on civil citation has recommended that the Department of Juvenile Justice (DJJ) serve as the conduit for distribution of the funds to local non- profit organizations which operate civil citation and juvenile diversion programs within the Circuit. The Nineteenth Judicial Circuit'remains interested in seeing that civil citation and juvenile diversion programs continue under the direction and management of new and existing providers in the Circuit. I would appreciate any guidance your office might provide to all entities seeking local option funds to support these programs now or in the future. 50 And, of course, my thanks to you and Mike Smykowski for all your assistance in this matter. Sincerely, Zilahy Myra Y Y Chief Deputy Court Administrator cc: The Hon. Elizabeth Metzger., Chief Judge Michael Smykowski, Director, Management & Budget,. Indian diver County. Jennifer Hill, Director, Management & Budget, St. Lucie County • Wydee'a Wilson, Chief Probation Officer, DJJ Lynn Sloan, Assistant; State Attorney, Indian River County Gayle Braun, Assistant State Attorney, St, Lucie County Chief John Bolduc, Chair, Civil Citation Subcommittee, Circuit 19 Juvenile Justice Advisory Board 51 flONlgp �pf JUV,e < FLORIDA DEPARTMENT OF JUVENILE JUSTICE �,v ens Rick Scoff, Governor Christy Daly, Secretary May 14, 2018 Michael Smykowski Budget Director Indian River County 180127" Street Vero Beach, F1, 32960 RE: 2017/2018 Local Options, Teen Court, Juvenile Programs Budgets Dear Mr. Smykowski: Upon receipt of the attached letter from Chief Judge Elizabeth Metzger about Court Administration's decision to phase out both their civil citation and diversion programs throughout the circuit, the Florida Department of Juvenile Justice in consultation and support from the Circuit 19 Juvenile Justice Advisory Board is seeking the portion of funding that had previously been dispersed to Court Administration. It is the intent of the Florida Department of Juyeiule Justice to partner with agencies in the community to ensure that youth receive civil citation and/or diversion opportunities in Indian River County. The funding will be used to operate a civil citation and diversion program. We are requesting the remainder of the funding for the current fiscal year of 2017/2018 with the same intent for next fiscal year. Let me know if you need anything else. Feel free to contact me at 772-429-2125. Sincerely, yde'a E.?i son Chief Probation Officer, C 19 Department of Juvenile Justice 2737 Centerview Drive o Tallahassee, Florida 32399-3100 o (850) 488-1850 http,/hvivw.djj.state.fl.us lite mission of the Department of Juvenile .justice is to increasepublic .cafetp h}- reducing ftrrcni/e delinquency through effeclive prevention, intervention, and meatment services Mat st•ongthen f nnilies and afro around the lives of troubled youth. 52 ILDR10q FLORIDA DEPARTMENT OF JUVENILE JUSTICE Rick Scott, Governor Christy Daly, Secretary May 30, 2018 Jason E. Brown County Administrator Indian River County 180127 1h Street Vero Beach, Fl. 32960 RE: 2018/2019 Local Options, Teen Court, Juvenile Programs Budgets Dear Mr. Brown: Whereas Senate Bill 2962 of the 2004 Legislative Session allowed for the circuit and counties to continue to use accumulated Teen Court Trust Fund money until it is depleted. Whereas Indian River County collect fees for Teen Court and juvenile programs pursuant to Fla. Stat, 939.185(1)(a)4. It is the intent of the Florida Department of Juvenile Justice to partner with agencies in the community to ensure that youth in Indian River County receive civil citation and/or diversion opportunities. The Department is requesting this funding for the 2018/19 fiscal year to operate a civil citation and diversion program. Let me know if you need anything else. Feel free to contact me at 772-429-2125. Sincerely, Wydee'a E. Wilson Chief Probation Officer, C 19 Department of Juvenile Justice 2737 Centerview Drive . Tallahassee, Florida 32399-3100 • (850) 488-1850 http://ivivw.djj.state.fl.us The mission of the Department of Juvenile Justice is to increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen families and turn around the lives of troubled youth. 53 A INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: June 25, 2018 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Federally - Funded Subgrant Agreement (EMPG) and Expenditure Approval 19 -FG -XX -10 -40 -01 -XXX It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (19 -FG -XX -10 -40 -01 -XXX) is $78,265.00. EMPG allowable costs are divided into the following categories as referenced in the 2017-2020 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA- approved by the BCC on June 5, 2018) grant, there are no additional funds required from Indian River County. The term of the agreement is from July 1, 2018 through June 30, 2019. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. 54 RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (19 -FG -XX -10 -40 -01 - XXX), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Software Services $34,114.00 00120825-035120-05050 (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) • WebEOC (ESI Acquisition, Inc.) • VueToo (FGX LLC Emergency management related training activities $30,851.00 00120825-033190-05050 Travel to emergency management conferences $2,430.00 00120825-039020-05050 Registration fees for emergency management conferences $870.00 00120825-039430-05050 Public Outreach $10,000.00 00120825-035290-05050 TOTAL $78,265.00 ATTACHMENTS: 1. Three (3) Original Copies of EMPG Agreement (19 -FG -XX -10 -40 -01 -XXX) 2. Indian River County Office of Budget and Management Grant Form 55 Contract Number: 19 -FG -XX -1040 -01 -XXX FEDERALLY -FUNDED SUBAWARD. AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract" As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient' means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Indian River County Sub -Recipient's unique entity identifier (DUNS): Security (DHS) Federal Award Identification Number (FAIN): EMA-2018-EP-00004 Federal Award Date: July 1. 2018 Subaward Period of Performance Start and End Date: July 1, 2018 —June 30, 2019 Amount of Federal Funds Obligated by this Agreement: $78,265.00 Total Amount of Federal Funds Obligated to the Sub -Recipient 97.042 by the pass-through entity to include this Agreement $78,265.00 Total Amount of the Federal Award committed to the Sub -Recipient 28.33% by the pass-through entity: $ Federal award project description (see FFATA): The purpose of the Emergency Management Performance Grant (EMPGI Name of Federal awarding agency: The Department of Homeland Security (DHS) Name of pass-through entity: Florida Division of Emergency Management Contact information for the pass-through entity: 2555 Shurnard Oak Boulevard Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.042 Whether the award is Research & Development: No (N/A) Indirect cost rate for the Federal award: 28.33% 56 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a sub -award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: ➢ The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; ➢ The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, ➢ The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: 1. LAWS, RULES, REGULATIONS AND POLICIES The Division and the Sub -Recipient shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. A. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." B. 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. C. This Agreement involves "Federal financial assistance," as that term is defined in section 215.97(2)(f), Florida Statutes. D. As required by Section 215.971 (1), Florida Statutes, this Agreement includes: (1) A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. (2) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (3) A provision specifying the financial consequences that apply if the Sub -Recipient fails to perform the minimum level of service required by the agreement. 2 57 (4) A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (5) A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. (6) A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. 2. TERMS AND CONDITIONS This Agreement, to include the attachments, contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Division and the Sub -Recipient. 3. EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the'same instrument. 4. MODIFICATION This Agreement may only be modified or amended upon mutual written agreement of the Division and the Sub -Recipient. No oral agreements or representations shall be valid or binding upon either party to this Agreement. 5. SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and Attachment B of this Agreement. 6. CONTACT A. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. (1) Monitor and document Sub -Recipient performance; and, (2) Review and document all deliverables for which the Sub -Recipient requests B. The Division's Grant Manager for this Agreement is: Kizzy K. Caban 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 815-4348 Email: kizzy.cabanCcr�.em.myflorida.com 3 .: C. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Tad Stone, Director Indian River County Emergency Management 4225 43rd Avenue, Vero Beach, FL 32967 Telephone: (772) 226-3859 Fax: (772) 567-9323 Email: tstone@irc og v.com D. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 7. PERIOD OF AGREEMENT. This Agreement shall begin on July 1, 2018 and shall end on June 30. 2019, unless terminated earlier in accordance with the provisions of Paragraph (19) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to cant' out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. Pre -award costs are allowable only with the prior written approval of FDEM and are included in the award agreement. To request pre -award costs, a written request must be included with the application and be signed by the Authorized Representative of the entity. The letter must outline what the pre -award costs are for, including a detailed budget break-out of pre -award costs from the post -award costs, and a justification for approval. 8. FUNDING A. This is a cost -reimbursement Agreement, subject to the availability of funds. B. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. C. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and Attachment B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $78,265.00 D. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal 59 services") and 2 C.F.R. §200.431 ("Compensation fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: (1) They are provided under established written leave policies; awards; and, (2) The costs are equitably allocated to all related activities, including Federal (3) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. E. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: (1) The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, (2) Participation of the individual in the travel is necessary to the Federal award. F. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for attendance at a conference. (1) 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." (2) Any reimbursement from the Division to the Sub -Recipient for the costs associated with attending a conference is subject to the Department of Financial Services' Reference Guide for State Expenditures, which states: "Reimbursement for registration fees and travel expenses in connection with attendance at conferences or conventions will not be paid unless: 60 a) "The main purpose of the convention or conference is directly related to the statutory duties and responsibilities of the agency;- b) gency, b) "The duties and responsibilities of the traveler is related to the objectives of the convention or conference; and, c) "The activity provides a direct benefit supporting the work and public purpose of the person attending." 9. PAYMENTS A. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's _ quarterly reporting as referenced in Paragraph 15 of this Agreement. B. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (US. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." C. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A and Attachment B, that clearly delineates: (1) The required minimum acceptable level of service to be performed; and, (2) The criteria for evaluating the successful completion of each deliverable. D. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. E. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: (1) Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, (2) Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any 0 61 payment. where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. F. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall. be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. G.. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9) B. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 10. REPAYMENTS A. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 B. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. 11. PROCUREMENT A. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C-.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). B. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." 62 C. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall 'maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. D. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within. the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: (1) Terminate this Agreement in accordance with the provisions outlined in paragraph 19 below; and, subcontract. (2) Refuse to reimburse the Sub -Recipient for any costs associated with that E. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. F. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." 63 G. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; equivalent; (1) Place unreasonable requirements on firms in order for them to qualify to do (2) Require unnecessary experience or excessive bonding; (3) Use noncompetitive pricing practices between firms or between affiliated (4) Execute noncompetitive contracts to consultants that are on retainer contracts; (5) Authorize, condone, or ignore organizational conflicts of interest; (6) Specify only a brand name product without allowing vendors to offer an (7) Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; (8) Engage in any arbitrary action during the procurement process; or, (9) Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. H. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. I. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. J. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. K. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). 12. RECORDS A. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right 9 64 of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. B. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. C. As required by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three *(3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: (1) If any litigation, claim, or audit is started before the expiration of the 3 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (2) When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. (3) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (4) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3 -year retention requirement is not applicable to the Sub -Recipient. (5) Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (6) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). D. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. 10 65 E. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. F. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. G. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) Meetings of public boards or commissions must be open to the public; (2) Reasonable notice of such meetings must be given; and, (3) Minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. if a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. H. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. 11 66 The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 1. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 13. INTELLECTUAL PROPERTY A. Except as provided below, intellectual property rights to all property created or otherwise developed under or in connection with the performance of this Agreement are hereby reserved to and shall be owned by the State of Florida. B. If the Sub -Recipient has pre-existing intellectual property rights, then the Sub - Recipient shall retain all rights and entitlements to that pre-existing intellectual property unless the Agreement provides otherwise. C. If any intellectual property is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the intellectual property to the Division for a determination whether the State of Florida will seek patent, copyright, trademark, or other intellectual property protection in its name. D. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to disclose will indicate that no such property exists. The Division shall then, under Subparagraph A above, have the right to all intellectual property which accrues during performance of the Agreement. E. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. 12 67 14. AUDITS A. The Sub-Recipient'shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. B. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." C. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." D. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. E. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. F. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSinale Audit &em.mvflorida.com DEMSingle—Audk@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 G. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: hftp://harvester.census.gov/fac/collect/ddeindex.htmi H. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: 13 68 DEMSinale Audit(cDem.mvflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 15. REPORTS A. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. B. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. C. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. D. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (18) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. E. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. F. The Sub -Recipient shall provide additional reports and information identified in Attachment D. 16. MONITORING. A. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A and Attachment B to this Agreement, and reported in the quarterly report. B. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is 14 69 appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 17. DEFAULT. If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (18); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: A. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; B. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; C. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, D. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. 18. REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: A. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (6) herein; Agreement; B. Begin an appropriate legal or equitable action to enforce performance of this C. Withhold or suspend payment of all or any part of a request for payment; D. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. 15 70 E. Exercise any corrective or remedial actions, to include but not be limited to: (1) Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, (2) Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, (3) Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or (4) Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; F. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. 19. TERMINATION. A. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. B. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. C. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. D. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. 20. LIABILITY A. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out. 16 71 the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. B. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 21. ATTACHMENTS A. All attachments to this Agreement are incorporated as if set out fully. B. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. C. This Agreement has the following attachments: (1) Attachment A — Budget (2) Attachment B — Scope of Work/Deliverables (3) Attachment C — Program Statutes and Regulations (4) Attachment D — Reports (5) Attachment E — Justification of Advance Payment (6) Attachment F —Warranties and Representations (7) Attachment G — Certification Regarding Debarment (8) Attachment H — Statement of Assurances (9) Attachment I — Mandatory Contract Provisions (10) Attachment J —Allowable Costs and Eligible Activities 22. MANDATED CONDITIONS A. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days' written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. 17 72 B. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. C. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. D. The Sub -Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg. , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. E. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. F. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (2) Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 22(F)(2). of this certification; and, (4) Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. G. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. 18 73 H. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. I. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. J. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. K. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. L. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION activities. A. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying B. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." C. No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. D. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or 19 74 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." (3) The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)EQUAL OPPORTUNITY EMPLOYMENT L. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 20 75 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 21 76 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. M. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. N. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. O. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole 22 77 or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (25)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily -available on the open market, or contracts for transportation. 23 78 (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: L This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 24 79 (29)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. 25 :I B. The requirement outlined in subparagraph A. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. C. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. D. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (31)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (32)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. INDIAN RIVER COUNTY 0 Name and Title: Peter O'Bryan, Chairman Date: DUNS# 07-920-8989 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Michael Kennett, Deputy Director (by Authority from the Director) Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By. Deputy Clerk County Administrator P Y 27 82 ATTACHMENT A PROPOSED PROGRAM BUDGET s 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 2018 EMPG, Appendix B — FY 2018 EMPG Funding Guidelines and programs that are consistent with 2 C.F.R. Part 200and Chapter 252, Florida Statutes. e Below is a general budget which outlines eligible categories under this award. The Sub -recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. e The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs.. The AEL can be found at https:/Iwww.fema.gov/authorized- equipment-list. o The transfer of funds between the categories listed in the Proposed Program Budget is permitted. If funds need to be moved in categories, send a revised Proposed Program Budget to your grant manager. Grant Sub -Recipient Agency Category Amount Allocated Planning $3,300.00 FY 2018 — Emergency Organization $44,114.00 Management Performance INDIAN RIVER COUNTY Grant Program Training $30,851.00 Exercise Equipment Management and Administration Expenditures (up to 5% of amount received) Total Award $78,265.00 83 FY 2018 BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES Not limited to activities below {{77 yY', �lU 'ti �i .'`, :"w}�v�. .. u,�f .:Jr.J"' � "u sl.� ��y %._. i • '1 �.i ... _ Emergency Operation Plan Communications Plans Administrative Plans Whole Community Engagement/Planning Resource Management Planning Shelter and Evacuation Planning Recovery Planning Continuity Planning Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties Materials required to conduct planning activities Travel/per diem related to planning activities 1 3,300.00 3,300.00 Allowable Organization Costs Quantity Unit Cost Total Cost Hiring of full or part-time staff or contractors/consultants (temporary employees, student or graduate assistant fellowships, part time academic employment, consultants and other services Utility (electric, water and sewage) Telephone Bills (landlines, cellular and satellite) Internet Services Maintenance and Sustainment (maintenance contracts, warranties, repair or replacement costs, upgrades and user fees 1 44,114.00 44,114.00 Storage Postage Publications Memberships TOTAL ORGANIZATION EXPENDITURES $44,114.00 Allowable Exercise Costs Quantity Unit Cost Total Cost Design, Develop, Conduct and Evaluate an Exercise 84 Full or Part -Time Staff or Contractors/Consultants - (Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable.) Overtime and backfill costs — related to backfilling personnel, that are direct results of time spent on design, development and conduct of exercise. Travel - allowable expenses by employees who are on travel status for official business related to planning and conduct of exercise activities Supplies - items that are expended or consumed during the conduct of the exercise activities (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). TOTAL EXERCISE EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Develop, Deliver and Evaluate Training Overtime and backfill direct result of attendance at DHS/FEMA and/or approved training course or program Conferences Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies items that are expended or consumed during the course of the training activities (e.g., , gloves, tape, non-sterile masks, and disposable protective equipment) Emergency Management Related Training Activities 1 30,851.00 30,851.00 TOTAL TRAINING EXPENDITURES $30,851.00 i Eligible Equipment Acquisition Costs ;Quantify �� 1 i Unit Cost Total Cost Personal protective equipment 85 Information technology Cybersecurity. enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment CBRNE Logistical Support Equipment Other authorized equipment costs 21GN-00-OCEQ (EOC Supplies and equipment) General Purpose Vehicles TOTAL EQUIPMENT EXPENDITURES $ TOTAL EXPENDITURES $78,265.00 Eligible Management and Administration Costs Quantity Unit Cost Total Cost Hiring of.full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements ' TOTAL M&A EXPENDITURES _$ TOTAL EXPENDITURES $78,265.00 ATTACHMENT B SCOPE OF WORK/DELIVERABLES BACKGROUND The Emergency Management Performance Grant (EMPG) subgrant agreement authorizes reimbursement for eligible activities as identified in the Notice of Funding Opportunity (NOFO), Fiscal Year 2018 EMPG, Appendix B — FY 2018 EMPG Funding Guidelines. EMPG Program Guidance, FY2018 allowable costs are divided into the following categories: • Planning; • Organization; • Training; • Exercise; • Equipment; and, • Management and Administration. Eligible activities are outlined in Allowable Costs and Eligible Activities. The EMPG's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Chapter 252, Florida Statutes. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. Each Emergency Management staff person must work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. By signing this Agreement, the Sub -Recipient certifies that it will use these funds to enhance the county's Emergency Management Program. MONITORING Monitoring will be accomplished through desk -based reviews, on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the Sub -Recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. 32 87 PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Piggy -backing: The practice of one agency using another's procurement process and contractual agreement is called piggybacking. For the piggybacking agency to receive reimbursement under this Agreement, the original agency's procurement process must comply with all applicable laws and regulations (e.g. 2 CFR 200.318-326). Additionally, the original contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. For example, the piggyback contract may not exceed the existing contract in the scope of volume of goods or services. Finally, an agency may not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract. Tasks: At a minimum the County is to successfully complete the following tasks throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or working towards the completion of each task. All back-up documentation listed below shall be uploaded to the Division's SharePoint portal, https://portal.floridadisaster.ora 1. Match. Throughout the period of performance for this Agreement, the Sub -Recipient shall use non - Federal funds to match dollar for dollar all funds provided under this Agreement. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes, an update shall be provided. NOTE: If the federal obligation exceeds EMPA then you need to identify the other non- federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. Deliverables (due each quarter): • Quarterly Match Form (Form 3A); and, • Receipts, expense reports, or similar pieces of documentation that demonstrate Sub - Recipient expenditures at least equal to the amount of reimbursement requested for that quarter. 2. National Incident Management System ("NIMS"). Throughout the period of performance for this Agreement, the Sub -Recipient shall utilize NIMS. NIMS is a comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. It is intended to: • Be applicable across a full spectrum of potential incidents, hazards, and impacts, regardless of size, location or complexity; • Improve coordination and cooperation between public and private entities in a variety of incident management activities; and, • Provide a common standard for overall incident management. NIMS provides a consistent nationwide framework and approach to enable government at all levels (Federal, State, tribal, and local), the private sector, and nongovernmental organizations (NGOs) to 33 DR work together to prepare for, prevent, respond to, recover from, and mitigate the effects of incidents regardless of the incident's cause, size, location, or complexity. Consistent application of NIMS lays the groundwork for efficient and effective responses, from a single agency fire response to a multiagency, multijurisdictional natural disaster or terrorism response. Entities that have integrated NIMS into their planning and incident management structure can arrive at an incident with little notice and still understand the procedures and protocols governing the response, as well as the expectations for equipment and personnel. NIMS provides commonality in preparedness and response efforts that allow diverse entities to readily integrate and, if necessary, establish unified command during an incident. Deliverable (due second quarter): • The Sub -Recipient shall complete a NIMS survey in the Division's SharePoint portal. This survey is designed to provide a self-assessment instrument to evaluate and report on your jurisdiction's implementation of the National Incident Management System (NIMS). 3. Capabilities. Each person serving in a position that is funded at least in part by this Agreement SHALL complete the following training requirements and record proof of completion: • NIMS Training, Independent Study'(IS) 100 (any version), IS 200 (any version), IS 700 (any version), and IS 800 (any version) • Professional Development Series (PDS) orthe Emergency Management Professional Program (EMPP) Basic Academy (E/L101 thru 105) delivered either by the Emergency Management Institute (EMI) or at a sponsored State, local, tribal, territorial, regional or other, designated location. Deliverable (due each quarter): • Provide a current version of the Staffing Detail Form (Form 4); and, • Provide current course completion documentation for all personnel listed on Form 4. NOTE: For quarters 2, 3, and 4, additional course completion documentation is required only if: • Personnel listed on the Staffing Detail Form successfully complete additional courses; and/or, • New personnel are listed on the Staffing Detail Form. 4. Planning. Training, and Exercises. The Sub -Recipient shall develop and maintain a Multi -Year Training and Exercise Plan ("MYTEP") that identifies a combination of exercises and associated training requirements that address priorities identified in the TEPW and builds from training gaps identified in the THIRA/SPR process. Planning efforts should demonstrate whole community engagement to create a strategic, operational, and/or community-based approach to preparedness. Training activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual Training and Exercise Plan Workshop (TEPW) and should reflect efforts to address training capabilities gaps through the RTIIP. Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi -Year TEP developed through an annual TEPW. Deliverable (due every quarter): • The percentage of completed training and exercise activities listed on the current MYTEP. 34 89 5. Strengthening Governance Integration. Each quarter, the Sub -Recipient shall conduct Strengthening Governance Integration ("Stakeholder") conference calls or meetings and shall invite the following stakeholders: • The County Sheriff; • Each Fire Control District in the County; • Each municipal Emergency Management Director in the County; • Each municipality in the County (only if there is no EM Director for the municipality); • Each school district in the County (to include the Florida School for the Deaf and Blind, the Florida Virtual School, the Okeechobee Youth Development Center, as well as the laboratory schools operated by university and colleges in your jurisdiction); • Each state university and state college in the County; and, • Each Voluntary Organization Active in Disasters ("VOAD") with a significant presence in the County. Attendance at a conference call or meeting. is not mandatory for the Stakeholders listed above; however, the Sub -Recipient must invite each Stakeholder to at least one call or meeting each quarter. The Sub -Recipient is not required to invite each Stakeholder to every call or meeting; but, each stakeholder must be invited to at least one call or meeting with the Sub -Recipient every quarter. For the Florida Virtual School, which lists a physical address in Orlando, Florida, only Orange County is required to include that particular school district as a Stakeholder. DHS/FEMA preparedness grant programs are intended to support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary to prepare for incidents that pose the greatest risk to the Nation's security. Each program reflects the Department's intent to build and sustain an integrated network of national capabilities across all levels of government and the whole community. Disparate governance structures must be integrated and refined to ensure resources are targeted to support the most critical needs of a community based on risk -driven, capabilities -based planning. Strong and inclusive governance systems better ensure that disparate funding streams are coordinated and applied for maximum impact. DHS/FEMA requires that all governance processes that guide the allocation of preparedness grant funds adhere to the following guiding principles: • Coordination of Investments: Resources must be allocated to address the most critical capability needs as identified in the SPR and coordinated among affected preparedness stakeholders; • Transparency: Stakeholders must be provided visibility on how preparedness grant funds are allocated and distributed, and for what purpose; • Substantive Local Involvement: The tools and processes that are used to inform the critical priorities, which DHS/FEMA grants support, must include local government representatives. At the state and regional levels, local risk assessments must be included in the overarching analysis to ensure that all threats and hazards are accounted for; • Accountability: DHS/FEMA recognizes that unique preparedness gaps exist at the local level. Grantees are responsible for ensuring the effective use of funds to address those gaps and for maintaining and sustaining existing capabilities; and, • Support of Regional Coordination: Inter/intra-state partnerships and dependencies at the state and regional levels, including those within metropolitan areas, must be recognized. Deliverables (due each quarter): • Provide the Division with a list of each stakeholder invited to each Stakeholder conference call or meeting; and, 35 90 • Provide the Division with meeting notes that accurately document the content of the discussions during each Stakeholder conference call or meeting. 6. Strengthening Governance Integration. The Integrated Public Alert and Warning System (IPAWS) is a comprehensive, coordinated, integrated system that can be used by authorized public officials to deliver effective alert messages to the American public. IPAWS is the nation's next -generation infrastructure of alert and warning networks. IPAWS ensures the President can alert and warn the public under any condition. Additionally, IPAWS will provide Federal, State, territorial, tribal, and local warning authorities the capabilities to alert and warn their communities of all hazards impacting public safety and well-being via multiple communication pathways. FEMA is upgrading the alert and warning infrastructure so that no matter what the crisis, the public will receive life-saving information via at least one path. The following steps need to be accomplished not later than quarter 3 to satisfy deliverable requirements: 1. https:/Avww.fema.gov/how-sign-ipaws 2. County emails FEMA requesting IPAWS capability IPAWS@fema.dhs.gov 3. FEMA sends the county an application 4. County completes application and returns to FEMA IPAWS@fema.dhs.gov 5. FEMA sends the county an unsigned MOA, unsigned PAA form, and link to IPAWS online training 6. https://training.fema.gov/is/courseoverview.aspx?code=lS-247.a 7. County signs MOA, obtains state signature on PAA form, takes online training... sends everything to FEMA 8. FEMA signs the MOA, sends completed paperwork and digital certificate to county, and enables their access in the system Other recommendations: If you are using Everbridge and EMnet please put both on the applications. https://training.fema.gov/is/courseoverview.aspx?code=IS-251 Deliverable (due third quarter): • The sub -recipient shall upload FEMA IPAWS MOA in the Division's SharePoint portal. 36 91 REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient on a quarterly basis for the documented costs incurred during the successful completion of the task(s) required by this Agreement. However, the following limitations shall apply: • In any quarter, the Division shall not reimburse the Sub -Recipient for an amount that exceeds 40% of the overall amount authorized by this Agreement; and, • The cumulative amount of reimbursement for quarters 1, 2, and 3 shall not exceed 85% of the overall amount authorized by this Agreement. If extraordinary circumstances exist, then the Sub -Recipient can request permission from the Division to exceed the 40% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: • A 10% reduction of the overall amount authorized by this Agreement. The Division shall apply the penalty each quarter during which the Sub -Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Sub -Recipient's control, the Sub -Recipient is unable to successfully perform a task required by this Agreement, then the Sub -Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Sub -Recipient, then the Division will consider waiving the imposition of a financial consequence. 37 92 ATTACHMENT C PROGRAM STATUTES AND REGULATIONS 1. Age Discrimination Act of 1975 42 U.S:C. § 6101 et seq. 2. Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3. Chapter 473, Florida Statutes 4. Chapter 215, Florida Statutes 5. Chapter 252, Florida Statutes 6. Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7. Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8. Copyright notice 17 U.S.C. §§ 401 or 402 9. Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10. Debarment and Suspension Executive Orders 12549 and 12689 11. Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12. Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13. Energy Policy and Conservation Act 42 U.S.C. § 6201 14. False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C. § 3801-3812 15. Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16. Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17. Lobbying Prohibitions 31 U.S.C. § 1352 18. Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19. Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20. Terrorist Financing Executive Order 13224 21. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) U.S.C. § 1681 et seq. 22. Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23. Rehabilitation Act of 1973 Section 504_29 U.S.C. § 794 24. USA Patriot Act of 2001 18 U.S.C. § 175-172c 25. Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. § 26. 2324, 41 U.S.C. § § 4304 and 4310 27. 53 Federal Register 8034 28. Rule Chapters 27P-6, 27P-11 , and 27P-19, Florida Administrative Code 29.2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 30. To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200 shall apply 38 93 ATTACHMENT D REPORTS The Sub -Recipient shall provide the Division with quarterly financial reports and a final close-out report. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 Aril 30 April 1 through June 30 July 30 The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly Tasks Form is due with your quarterly financial report each quarter. This form identifies EMPG funded employees, the required training completed (or working towards completion), and the required amount of exercises during the agreement period. B. Proposed Match Plan (Form 3) is due with the signed agreement and will be used to compare with the match portion of your close out report. If your proposed match plan changes an update shall be provided. Federal funds provided under this Agreement shall be matched by the Sub - Recipient dollar for dollar from non-federal funds. NOTE: If the amount is NOT EMPA or if the federal obligation exceeds EMPA then you need to identify the other non-federal match. In the space provided on the form, provide a narrative description on how you plan to meet the dollar for dollar match requirement. The Proposed Match form must be signed by the Chief Financial Officer or equal authority. C. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients using local funds to match the federal obligation. The Sub -Recipient must provide supporting documentation of matching funds (i.e. invoices, canceled checks, general ledger, earning statements, payroll registries, etc.). Cost -matching requirements are in accordance with 2 C.F.R. 200.306. To meet matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. D. The final Close Out report is due sixty (60) days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non-federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. invoices, canceled checks, general ledger, earning statements, payroll registries, etc.). 39 94 E. Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Kizzy K: Caban Karen Lyons FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850)815-4348 (850) 815-4325 kizzy.caban@em.myflorida.com I karen.lyons@em.myflorida.com • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. 40 95 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months (list applicable line items) of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 41 96 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. 5§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 42 97 ATTACHMENT G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -Recipient's Name DEM Contract Number Project Number 43 98 u ATTACHMENT H STATEMENT OF ASSURANCES The Sub -Recipient hereby assures and certifies compliance with all Federal statutes,. regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that, govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and 44 99 Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its sub -recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 45 100 ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the require provisions. The Division provides the following list of sample provisions that may be required: 46 101 OMB Guidance fD) Day9s-Bacon Act. as amended (40 U.S.C. 3141-3198). 17hen required by Federal pro< am lefts!;:tion. all pri ne. construction contracts En excess of S2.000 awarded be non -Federal entities must Include a previston for coniplt- arce with the Darts --Bacon Act ?40 U.S.C. 31.11-3194. and 314x-31.18; as supplemented by Department of Labor re_ula&tons CFE Part 5. "Labor Standards Provisions Annli- cable to Contracts Covering+ Poderally Ft- rir,eed and Assisted Corstruetion"i. In ac- cor3anca with the statute. contractors must be required to pav wares to laborars and m_- chanics at a rato not icsc than the provaflin,_z wa•!es spocif9ed 1n a :tie_2e determination made by the Satre ar7: Of Labor. In addition. contractors mllsc be required to pay ^;ares not. less than once a ^=._e's. The non -Federal milt:• must • place a cop: of the currans pra- vallinz r•a•se determination issued by the De- pamment of Labor in each solicttatlon. The decision to award a contract or subcontaact must be conditioned upon the acceptance of the wase :tet-^rmmatron- rho non-Pod=?al en- ttcy :rust report all suspected or report -ed :•tola'tions to the Pederal awardmz asemcy. Tile contracts must also include a proaiston for compliance t.;tb the Copeland '•Aat1- nic_-back" Act. (90 U.B.C- 31.151. as suppl_- mcnted by Dapartment of Labor rasulattons !29 CFR Part, S. "Contractors and Sub- contractors oP n ublic Buildm,_, or Public Work Financed in Whole or !n Par t. by Loans or Grar'ts from the United St._;ez,'1. The Act provides that each contractor or sub - recipient must be prohiblted from induciriL. b: ant means. any personemployed tr the corstruction. completion. or repair of public work. to Ylve up any part of tho compensa- tion tr w1hich he or she is osherarlse antltM. Tlie non -Federal entity must report all sus- pected or reporusd v!olations to the Federal a:yarlm_ ae=•ncy. (L') Contract :Cork Hours and Safety Si-awlards Act (40 U.S.C. 37.01-3703). IFhoro applicable. ail contracts awarded by the non - Federal ent!t- to excess of 5100.000 that in- volve the employment of rrectanics or labor - ;T5 must Include a provision for compliance with 40 U.S.C. 3702 and 3704. as supplemented by Dopar tment of Labor regulations (23 CPP. Part 5). Under 40 U.S.G. 3702 of the Act. each contractor must be required to compare sae wales of every inechan!c and laborer or, tha osis of a s and:ird work walk of 10 hours. Work in excess of the standard work waek is p.rrus>ible provided chat tha worker is com- pensated at a rate of not less than one and a half times the basic rate of pay for all hours worked ir oxce_of 40 hours in the work week-'L1u• re,uircments of 40 U.S.C. 3701 are applicable to construction work .and provide that no laborer or mechar= must be s- quired to work in surroundings or under workinz conditions which are unsanitar--% hazardous or dangerous. Thi.;;.: requirements do not apply to the pare:2.ses of supplies or Pt. 200, App. If materials or articlas ordlnartl_ avatiable on the open market, or contracts for transpor- t,atlon or transmission of intell', once. tPj R1211L. to Inventions IN -lido. Under a Contract orAsreement. if the Federal ward meats the definition of "Amdine a_neemant'. under 37 CPR Mi. -I (a) and the recipient or subreciptent wt�Y:es to enter into a contract. with a small business firm or norproflt oma- rtm1won resardime the substit¢tlon of par- ties. asst<snment or performance of ?xpert- ment al. development?J. or re_e acct- work under that "fundln_ aereemaent." the recipt- nut or sutrecipiert :rust co!rpl. with the re- qu!rements of 3, CFR Part 401. "Muhts to In- vertions Made by N`onproflt Oricantzattons and Small Business Firms Urder Govern- ment Grants. Contracts and Cooperative ARreenients." and any miplcment4ns rc3ula- tions issued by the awarding ascnc;:. (M Clean air Act 02 U.S.C. 7401-7G, !q-) and the Federal Water Pollution Cmarol act (33 U.S-C- 1351-13G'). as amended—Cont_ractz and subsrants of amounts in excess cf $151D.Cr) mus, Contain a proS•15iori that requires the non -Federal awat•d to aeree to comr.1 wt:;, all applicable stanlards. orders or m ula- tion, issued pursuant; to the Clean Air Act (42 U.S.C. 7.401-767,1q) and the Pederal Coater Pollution Control act as amended 133 U.S.C. 1:51-138'1). Violations- must be reported to the Pederal awarding asenc,r and the P,=,ion:al Office of the Envtrormnntal Protection Agency MPA). (II) Mandatory sfstndards and policies re- latlnz to enor_.; efflclencr v:hicli ars con - tamed in the sate energy cans,r:attam pian issued to compliance with tha, Ener g7 Policy and Conservation Act (42 U.S.G. UDI). tri Dobarmar-t and Suspension (Executive Orders 12519 and 120301—A contract award (see 2 CFR 180_27(1 must not to made to par- ties listed on the eo:arnmentwtde Excluded Parties List S: -stem 1n the System: for Award Irianaeement i.SAM). in accordance with the OSIS xtudeitr_es at 2 CPR 180 that Implement Executive Orders 12590 f3 CPR Part 1935 Camp.. p. 1841 and M89 (3 CFR Part 10391 Comp.. p. 2f15). "Debarmentand Suspension. - The ErcIuded Parties List System to SAIM contains the names of ,parties deba[rz1 sus- perd-:�3. or otherwise excluded 1 , an-_ncies. as well - pasties declared inellslble tindcr stat- utor- or resulatory authorit:• other than v ecutave, Orn_r 12540. 5, Byrd Artl-Lobb:-ins Arrendaient (31 U.S.C- 1352)—Cor•tractors that apply or bid for an awai 1 of S10).000 or more :rust file the required certification. Each tier certifies to the tier above that it, will not and Iris rot used F_•deral appropriated funds to pax ans person or oreantzatlon for in:]uercinz or at tempting to influence an officer or employee of ans as?nc a member of Corsress. officer or employee of Congress. or an en.picy-2o of a membr_r of Conn ass• in connection .iIz2i ob- tainin_ any Federal cortract, _rant or any 195 47 102 P1. 200, App. IiI other award co:-ered by 31 G.S.C. 13.5-+. Each tier must atso disclose any iobbyin_ hitt nor, -Federal funds that taaas place in con- rectton with obtaining an Federal award. Such disclosures . forwarded from tier to tier up to the non-Fail?rai awaril, aK) See 5202-" Procurem-ant of recovered materials. P-:-:- VDLs III To PART ^00-1KDIRECT, (r&A) COsT 1Di3vi1F?CATION AVD �aSiu�Yn�i . m% -D RA71-n UET•cMMMIA- TIO\ FOR I1sTiTuTioN-s of HICHCR EDUC-4010\ (ffiEs) A. G[i.;;GRAL This appendix pro:7des criteria for ld-rtt- fan_T and con:putiry indirect (or tudlrect ;F&A')) rates at IIIEs unstitutione.). Indirect {F' ��j costs are those that are incurred for common or joint objectives and Lherefora cannot be Identliled readily and specificali- w1th a particular sporW--orad project. an tr- structtoral ac lvity. or any other Ir-stltu- tiona l activtty. See subsection B.I. Defini- tion of Fa ;lilies and Administration. for a discussion of tho components o. indirect t F& i costs. 1. Mafor Funcanns ojcr Instiwarm Refers to mstructton, or_,anlzed research. other sponsored activities and other institu- tional wtivittes as defined in this soctlon: Insiruciion means the taachin,, and tralnin- acilvltles of all instMtlon. Except for reserct tra,_lnir= as provided in sub- sectlon b. this tern: Includes Ell teaching and tralain_ actMItdes, whether -.be.,- are offered for crefllt to7'ard a decree or carttftcat•a or on a non-credit: basis. ar-d whether they are oGer_•d ttsowzIn ro ular academic depart ments of Separa Le d :°!Sion. such aS a sum- mer school Mviston or an ?xt-]nslor• division - Also corsi3ered part cr this major function: are departmental res-esrah, and, where azreed to. untverslty r2soarea. 0 i Sponsored instruct.lon and means specific instructtorai or tiwnint- activlty es- tabllshed by gram. cont•racm- or cooperative Lv.rreement. For purposes of the cast prtn- ctples. this actvnt.y may be considered a. major function oven t.hou5;h an in-st•i`.ution's a ccouniinL, treatment stats include it to the Lnstruc-non funewon. (A? De)sarinu�,:tai risearoh means r?search. devalopn:ent and scholarly activttlas that are no ar,-rcni- ri,se:arch and, cor•- scquentdv. are not separat-ely, budgeted and accounted for. Departmental research, for purposes of tills document. is not considered as a major function, but as a part of t'ne in- _xtiction furc tion of the Inst.lsutlon. b. Or an!red stat .*c7, nates aI[ resesieG and d-valopanent activit•1?s of an institution that are soparatply bud_esed and accounted for- it includes: 2 CFR Ch. 11 (1-1-14 Edllon) to Sponsared reswrch means ail research and deeeloprnent acti.ittes that are spon- sored L•,,y- Federal and non -Federal avr-cles and ar+ganizat;ens. T-nis term tnclu,.les a -ch -.t - ties Invoicing, th-e training of lndividuais in rv,Fwarch technique✓ rconzmor.I;: caviled re- search traininai where such activities utilize the "-re facilities as other research and de- velonnlent activities, and chore such activl- tiez are not Included in the Instruction func- tion. (3) Ln;+e site research means all researci and devciomnent aett:"ties that are s?pa- ratety budeetcd :cid acco-u--r•?d for bS the in- stltution tinder an intnmai application of In- ztiluGlonat funds. University research. for purposes of this document. must. be com- tined with sponsor -Dal research under the furl tton of orSanlaed research. c. Cithc-r sponsored rcaruLs means programs and projects financed by Fe0rel and non- FederaL a-eer_cies a.-nd or_anmittons which in- volyi h? performance of work ether tl-ar• in- structton and ol5-awzcd rc»•arch. Examples o: such pro+gI'ams and projec" are health semrlco projects amd communit-r sefaca pro- snL""•. IIC•wev-ar. when any of tl-?s acts—i6es are undertaken b. the institution ;riChout outside support. they may be classified as other Institntlonal aCti :"2 mit S. d• 011her Insli lu m al cctistt:es•means all ac- t1-ritles of an institution except• for instruc- tion. departmental research. or.anizc-d re- -earcl-•. and other sponsored activities. as de- fined in t. -Ws Section: Indirect (-✓•TSA) cost ac- tivittos identified to this Appendix para- _ -rapt E. Identification and assi,-ameet of In- direct. (P&A) cnsts: and special;;:?d services facilities described in 421M 463 Speclaiizad servlet feciil "les of the Fart. Examples of other lnstltatio2.7 activitles include operation of residence halls. dlntna tails. hosbitals and clinics. student unions. Lntercotle-nate athletics. bookstores. Z:cul',y houstriz student apartments. --nest hou::as. chapels, th-mt?rs. public museums. and other similar auxlliarr enterprises. Tats &flrltion also includes an other categ,ories of activt- `ties. costs of rhich are " wmllowabl?- to F?d?ral awards. unless etherwiso irIcated in an award. ?. Crvenla for Disirz&uaor. a. Rose pi:Tlou'. A t ='e period for distribu- tion of Indirect (P&A) costo is the cerlod during which tAe costs are incurred. The 1'di5e period norma:;_,= should coincide with the fiscal ,';ear estat•lished bg the Instimu-ton. but In any event the -baso perli d should he so Seieoted as co avoid ineauIttes in oil? d1 -'r t•ributlon of cost,-. b. It'eed for cosi +:rn:i:Jt)1n5- The nvT?Tall ob- .tective of the in•threat tP&Al cost allocrtiton process Is to distribute the In-trect• ir-&-A) costs described In Section B. Identification and assi_rnme-nt of lnriract i FSA± costs. to 196 48 103 ATTACHMENT ALLOWABLE COST AND ELIGIBLE ACTIVITIES I. Categories and Eligible Activities The 2018 EMPG Funding Guidance allowable costs are divided into the following categories: planning, organization, training, exercise, equipment, and management and administration. Allowable Costs A. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include: • Emergency Operation Plans • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation planning • Recovery Planning • Continuity Plans • Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation Planning Costs Supporting Documentation: Provide copies of completed plan, contracts, MOUS or agreements with consultants or sub -contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment. B. Organization EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Sub -Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise Officer. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. The Quarterly Tasks (Form 1 B) is due every quarter with your quarterly financial report. This is to identify all EMPG funded employees, the completion of the required training (or working towards completion) and the required amount of exercises during the agreement period. Eligible "Organization Cost" items include, but are not limited to: • Utility (electric, water and sewage) 49 104 • Telephone Bills (landlines, cellular, and satellite) • Internet Services • Maintenance and Sustainment Agreements (reimbursement can only be claimed for services within the Agreement period) • Publications • Memberships • Postage • Other Personal/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. • Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center • Central Heat/Air • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Organization Costs Supporting Documentation: For salaries and expenses, supply copies of certified timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Expense items need to have copies of invoices/receipts and canceled checks or general ledger for proof of payment. All documentation for reimbursement MUST include exact amounts and MUST be clearly visible and defined (i.e., highlighted, underlined, circled Wor individually identified on a spreadsheet). C. Training EMPG Program funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi -Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at hftp://www.fema.gov/exercise. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices; and provides a path toward building sustainable resilience. EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; Sub -Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema.gov/training-0. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.gov/nims- doctrine-supporting-guides-tools. Professional Development Series courses include: • IS -120.a An Introduction to Exercises • IS -230.d Fundamentals of Emergency Management • IS -235.b Emergency Planning • IS -240.b Leadership and Influence 50 105 • IS -241.b Decision Making and Problem Solving • IS -242.b Effective Communication • IS -244.b Developing and Managing Volunteers To ensure the professional development of the emergency management workforce, the Sub - Recipients must ensure a routine capabilities assessment is accomplished and a TEP is developed and implemented. For additional information on review and approval requirements for training courses funded with preparedness grants please refer to the following policy: http://www.fema.aov/media-librarv- data/1115d44e06367bb89510aafbe79cl875/FINAL GPD+Trainino+Three+for+Free+Policy 09+10+ 13.pd. Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses • Attending other FEMA -approved emergency management training • State -approved, locally -sponsored CERT training • Mass evacuation training at local, state, and tribal levels Allowable training -related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi-year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analysis Design Development and Implementation Evaluation (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. • Conferences. The Division recognizes the important role that conferences can play in the professional development of emergency managers. 51 106 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: [T]he coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. In order for travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the particular conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules." Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 52 107 When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state."). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters_ The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: • $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.): • $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); and, • $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: • The authorized per diem for each day of travel; or, • If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates: The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877 . 53 108 Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Travel Reimbursement Forms: Unless the Recipient has received prior approval from the Florida Department of Financial Services ("DFS"), the Recipient shall use the travel forms incorporated by reference in Rule 691- 42.003, Florida Administrative Code. Those forms include: • The Authorization to Incur Travel Expense, Form DFS -AA -13; • The Application for Advance on Travel Expenses, Form DFS -AA -25; and, • The Voucher for Reimbursement of Travel Expenses, Form DFS -AA -15. If the Recipient has not received permission from DFS to use an alternate form, and if the Recipient submits a request for reimbursement without including the applicable DFS forms listed above, then the Division shall not provide any reimbursement for that travel. Training Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of the agenda and sign in rosters (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). 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. If cancelled checks are NOT available, copies of the general ledger MUST be provided. D. Exercises Allowable exercise -related costs include: • 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 54 109 disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. Hiring of Full or Pan -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). 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 spacellocations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. Unauthorized exercise -related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct .Exercise Costs Supporting Documentation: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices/receipts and canceled checks or general ledger for proof of payment and a copy of Exercise Plan (EXPLAN), After - Action Report/Improvement Plan (AAR/IP) and sign in sheets (if using pre populated sign in sheets they must be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). E. Equipment Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: 55 110 • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Controlled Equipment Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature of the equipment and the potential impact on the community, there are additional and specific requirements in order to acquire this equipment. Refer to Information Bulletin 407 Use of Grant Funds for Controlled Equipment for the complete Controlled Equipment List information regarding the Controlled Equipment Request Form, and a description of the specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. For additional information on controlled equipment refer to Executive Order (EO) 13688 Federal Support for Local Law Enforcement Equipment Acquisition (https://www.gpo.gov/fdsys/pkq/DCPD-201500033/pdf/DCPD-201500033.pdf), and the Recommendations Pursuant to Executive Order 13688 (https://www.whitehouse.gov/sites/default/fiiles/docs/le equipment wg final report final.pdf). Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA grant funding must also include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment, see Presidential Memorandum: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft Systems(https://www.whitehouse.gov/the-press-office/2015/02/15/presidential-memorand um- promoting-economic-competitiveness-while-safegua), issued February 20, 2015. Equipment.Acquisition Costs Supporting Documentation: Copies of invoices/receipts and cancelled checks or general ledger for proof of payment. AEL# for each purchase (if applicable). F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of 56 111 state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation: Supply copies of certified timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Indirect Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of Sub -Recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), Sub -Recipients must have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant's cognizant federal agency) is required at the time of application, and must be provided to FEMA before indirect costs are charged to the award. IL Construction and Renovation Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number 1660-0124 (http://www.fema.qov/pdf/government/grant/2011/fy11 eoc inv.pdf) to their Regional EMPG Program Manager for review. Additionally, Sub -Recipients are required to submit a SF -424C Budget and Budget detail citing the project costs. When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in 44 C.F.R. § 10.8, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfoOfema.gov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis - Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: hftp://www.dol._qov/compliance/laws/comp-dbra.htm. 57 112 Ill. Maintenance and Sustainment The use of FEMA preparedness grants funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (http://www.fema.gov/grant-programs-directorate-information-bulletins) (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media- library/assets/documents/32474. Unallowable Costs • Expenditures for weapons systems and ammunition • 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 • Activities and projects unrelated to the completion and implementation of the EMPG Program In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. IV. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Additionally, all Sub -Recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance (http://www.fema.gov/media-library-data/1421336453304- d48abd6lf8b2a35d2bad325ae49ae531/FP1080231 Environmental Planning Historic Preservation Policy.pdfl , and FP 108.24.4, Environmental Planning and Historical Preservation Policy (http://www.fema.gov/media-library-data/l 388411752234- 6ddb79121951 a68e9ba036d2569aa488/18Dec13-NoNEPAReview.pdf) 58 113 EHP Technical Assistance, including the EHP Screening Form, can be found at (http://www.fema. gov/media-library-data/20130726-1806-25045- 2839/gpd ehp screening form omb 1660 0115 lune 2011.pdf) 59 114 GRANT NAME: EMPG Grant GRANT919-FG-P9-10-40-01-xxa As\QOUNT OF GRANT: Sa 78.265.00 Position DEPARTMENT RECEIVING GRANT: Emergency Services .Position CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2018 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? Yes X No 4. Percentage of match 100% NIA 5. Grant match amount required $ 78 265.00 N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPA Grant 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A (Attach a detail listing of costs) S N/A 8. Are you adding any additional positions utilizin the grant funds? If yes, please list. (if additional space is neededpiease attach a schedule.) Yes X No Acct. Description Position Position Position .Position Position 011.12 Reeular Salaries N/A N/A N/A NIA NIA 011.13 Other Salaries R. Wages Tl NIA N/A N/A N/A N/A 012.71 Social Security N/A N/A N/A NIA N/A 012.12 Retirement -Contributions N/A N/A N/A NIA N/A 012.13 Insurance -Life g Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/.4 N/A 'NIA NIA NIA 012.17 S/Sec. Medicare Matchine N/A N/A N/A N/A N/A TOTAL N/A N/A NIA NIDA N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salam- and Benefits Operating Costs Capital Total Costs NIA NIA N/A NIA N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA NIA N/A N/A N/A t0. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer. f `} �G CGit' _ (%e'I Date: June 19. 2018 115 Ea Grant Other Match Costs First Year S N/A S NIA S NIA S N!A Second Year S N/A S N/A S N/A S NIA Third Year S NIA S N/A S N/,4 S NIA Fourth Year S N/A. S N/A S N/A S N/A Fifth Year S N/A, S N/A $ N/A NIA Signature of Preparer. f `} �G CGit' _ (%e'I Date: June 19. 2018 115 Ea INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Award of Bid No. 2018061 Annual Bid for Artificial Reef Construction DATE: June 15, 2018 BACKGROUND In 1995, the County was approached by the Sebastian Inlet Sportfishing Association (SISA) members requesting the development'of a County sponsored artificial reef program in the vicinity of Sebastian Inlet. Following the receipt of permits and between 1997 and 2014, the County deployed a total of 10 artificial reefs approximately 11-13 nautical miles offshore of Sebastian Inlet. Continuing the success of the program, the County received additional permits to construct up to 60 new artificial reefs in a 2.6 square nautical mile area 5-8 miles south and 3 miles offshore of Sebastian Inlet. This new permitted site is called the Orchid Island Artificial Reef Complex (OIARC). Reef materials consist of a combination of Florida Fish and Wildlife Conservation Commission approved reef modules and/or other approved concrete materials (i.e. light poles, culverts, railroad ties, bridge decking, etc.) The inaugural OIARC artificial reef, "Strike Zone Reef", was deployed on July 18, 2017. Over the next decade, with the assistance of grants and sponsorships, the County intends to deploy multiple new reefs each year creating limitless recreational (fishing and diving) opportunities to Indian River County and the Sebastian Inlet area. DESCRIPTION AND CONDITIONS On May 24, 2018, the County solicited bids (Bid No. 2018061) to establish annual firm fixed pricing for artificial reef construction. The bid was structured to consider up to four additional one year renewal periods for a total of up to five years. Staff envisions work authorizations to be through approved blanket purchase orders. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@88221373\@BCL@88221373.docx 116 Page 2 BCC Agenda Item Award of Bid No. 2018061 July 3, 2018 BID RESULTS Bid Opening Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: June 5, 2018 115 Subscribers 16 Vendors 1 Vendor — McCulley Marine Services, Inc, Ft. Pierce Florida Fixed pricing submitted with McCulley Marine Services, Inc. Bid: Item Description Unit Per Unit Price 1 Supply and Deploy Per Barge Load (10 or less LS $ 30,000 Reef Modules) 2 Supply and Deploy additional Reef Modules Each $ 3,000 (above 10) 3 Deploy Per Barge Load (500 —1,000 Tons) — LS $ 20,000 Other Concrete Reef Materials Transport Other Concrete Reef Materials (500 4. - 1,000 Tons) from County staging area to the LS $ 20,000 Contractors barge staging and loading areas. 5 Deploy Per Barge Load (500 tons or less) — LS $ 20,000 Other Concrete Reef Materials Transport Other Concrete Reef Materials (500 6. Tons or less) from County staging area to the LS $ 10,000 Contractors barge staging and loading areas. Note: The above represents fixed pricing for reef construction using reef modules and/ or other concrete reef materials. Summation of the bid items should not be considered to determine a total bid price as artificial reef construction will vary year to year. ANALYSIS Although only one bid was received, the Purchasing and Public Works Departments have determined McCulley Marine Service, Inc. to be a responsive and responsible bidder. McCulley successfully deployed the Strike Zone Reef in 2017 under a piggyback of a Martin County bid. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@88221373\@BCL@88221373.docx 117 Page 3 BCC Agenda Item Award of Bid No. 2018061 July 3, 2018 I;ieLL1PLo Artificial reef construction includes a portion of Local Option Tourist Tax Revenue. Funding, in the amount of $40,000, is budgeted and available in the Beach Restoration Fund, Orchid Island Artificial Reef, Account No. 12814472-066510-14013. RECOMMENDATION Staff recommends that the Board award the annual bid for artificial reef construction to McCulley Marine Services, Inc., authorize the Purchasing Division to issue blanket purchase orders for the work, and authorize the Purchasing Manager to renew the bid for four (4) 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. ATTACHMENT 1. Bid Tabulation Sheet 2. Orchid Island Artificial Reef Complex Location Map. APPROVED AGENDA ITEM FOR: JULY 3, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@88221373\@BCL@88221373.docx 118 Bid No. 2018061 Bid Title: Annual Bid for Artificial Reef Construction Bid Opening Date: 6/5/2018 Time: 2:00 pm Witness: Diane Lystlund Witness: Darlene Collia COMMENTS: 119 LL E N L Bidders Name a" m oA 2 Total .a v McCulley Marine Service Inc y y y y $103,000.00 COMMENTS: 119 OU 40U YY OU L4U VY oU-CUu VV Location Map - Orchid Island Artificial Reef Complex (OIARC) Indian River County,'FloridaS 55 -_�` •` 45 _ 48 INDIAN -__ �� 451 RIVER 34 ` 1 LAGOON 37 (� 39 42 45 9� 30 �. BWEVA'RD I I C 0 U N,T,Yit - Sebastian Inlet 1` 01AfZC ___----_—___ter r State Park 48 Permit I N D I A' N J ii •� J Zone ,; 25 RIMER COUNTY 48 J 48 ,,�� � � �' 30 [/ Al A42 r� • t� � /45 Z a � r r r L 512 l r SEBASTIAN L I ; V) r% 1 \ ORCHID t \ I RDIARI Data: 9/20/2016 (SHORE S IS/CPL -' , ♦r-- , 37 48`, 45 Map Scale 0 11 1:120,000 45 54 45 S_ 45 ATLANTIC OCEAN 2 W 10V VV oU ILV VV t I 0 o 66 t 0 I 66 6 ---- LEGEND O Existing Artificial Reefs 55 --I Permitted Artificial --- Reef Zones (2021) QPermit Zone (-2.6 sq nmi) Reef Deployment Zones (-40 ac each) ® CZMA Boundary County Boundary The seaward edges of the Permit Zone are <=-4.9 mites from the shoreline. Data Sources: Depths shown within the Permit Zone Cin feet from MLLW) source from the 45 Bathymetric Survey prepared by Morgan & ' Eklund, Inc, for Indian River County, 2014. Surrounding depths (in feet from MLLW) sourced from NOAA Nautical Chart 11460 (2003 Soundings). Site Plan data created by IRC Coastal Engineering & IRC GIS, 2016. BREVARD COUNTY t - '( INDIAN e,p RIVER� a :, Vero) e —i Beach'. 48 t Fort r S T.r L U C I E Pierce COUNTY 4vlil 1, Map Scale 31:1,650,0001 0 nmi b N 80.16'0'W 80.12'0'1N INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Natural Resources Manager SUBJECT: Work Order No. 2018006-3, Aptim Environmental & Infrastructure, Inc. Sector 3 Beach and Dune Renourishment — 2018 Physical Monitoring DATE: June 20, 2018 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board approved a contract with Aptim Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 (Wabasso Beach) beach project area. The Sector 3 project area is a 6.6 mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Sandy (2012) and was subsequently repaired in 2015. The proposed Work Order No. 2018006-3 provides year 2018 post construction physical monitoring and reporting services to assess the performance of the Sector 3 Repair Project constructed in 2015. By Permit, annual Post Construction Physical monitoring is required following a large scale beach restoration project. The 2018 monitoring entails the following: • "Year 3" annual post construction physical monitoring for the Sector 3 Dune Repair project area. As part of this permit required post construction monitoring effort, beach specific aerial photography is also being collected within the Sector 3 project area. However, in a way to minimize spending of funds and to align with the recommendations of the County Beach Preservation plan, the work order also includes the collection of beach specific aerials along the entire County. As aerials are already being collected under the Sector 3 monitoring effort, the County will not have to pay for additional mobilization of equipment to photograph the remaining beach sectors. The fees for this effort (Task 2.13) are $5,739.30. Page 2 121 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@48120D11\@BCL@48120D11.docx BCC Agenda Item Sector 3 Beach Restoration July 3, 2018 Work Order No. 2018006-3 totals a lump sum amount of $49,719.20; $43,979.90 (Sector 3) and $5,739.30 (Other Professional Services). FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding in the amount of $43,979.90 is budgeted and available for monitoring in the Beach Restoration Fund, Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. Additionally, this portion of the work order is eligible for 50% state cost through the Florida Department of Environmental Protection Beach Management Funding Assistance Program (Grant No. 171R2). Funding in the amount of $5,739.30 for countywide aerials is budgeted and available in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033190-01024. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018006-3 to the contract with Aptim Environmental & Infrastructure, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Aptim Work Order No. 2018006-3 APPROVED AGENDA ITEM FOR: JULY 3, 2018 122 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@48120D11\@BCL@48120D1l.docx WORK ORDER NUMBER 2018006-3 SECTOR 3 (WABASSO BEACH) BEACH AND DUNE RESTORATION PROJECT 2018 PHYSICAL MONITORING This Work Order Number 2018006-3 is entered into as of this day of 12018 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 3 (Wabasso. Beach) Beach and Dune Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made apart hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Aptim Environmental & Infrastructure, Inc. ff=— By: By: Thomas P. Pierro, P.E., D.CE Title: Director of Operations Date: b leo /za/ff BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 123 )>t APTIM June 8, 2018 Mr. lames Gray Director of Natural Resources Indian River County Public Works 180127th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #3 2018 Physical Monitoring Dear James: Aptim Environmental & Infrastructure, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc. (APTIM) to provide professional services to Indian River County (the County) in support of permit -required physical monitoring efforts for the Indian River County Sector 3 Dune Repair Project constructed in 2014/15 (FDEP Permit No. 0285993-001- 1C; currently Mod 008 -JN). Physical monitoring for the initial Sector 3 Beach & Dune Restoration Project constructed between 2010 and 2012 has been fulfilled and is no longer required per correspondence with FDEP dated October 25, 2017. The 2018 physical monitoring represents the Year 3 condition of the 2014/15 Dune Repair Project (1124 - R55) and includes beach profile surveys, aerial photography, and report development. Physical monitoring is required at least 5,000 feet north and south of the project area. Additionally, as requested by the County, this proposal includes collection of aerial photography along the remaining portion of the Indian River County shoreline, to be conducted in conjunction with the Sector 3 aerial photography collection. The costs associated with this work order were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). Task 1: Physical Monitoring Report Task 1: Scope of Work We understand that the County's surveyor, Morgan & Eklund, will perform the beach profile surveying and will be responsible for certifying the survey data and submitting a survey report to the FDEP. APTIM will review the -data to ensure that it conforms to the standards required by the FDEP physical monitoring plan. APTIM will notify the County of any issues with the survey data and will coordinate through the County or directly with the surveyor to resolve any issues. APTIM will develop an engineering report that discusses the performance of the beach fill project. We will analyze contour (MHWL and dune) and volumetric changes throughout the project area for erosion and accretion patterns, trends or changes between annual surveys and for cumulative changes overtime. Summary tables and graphical representations of contour and volumetric changes will be presented, as well as beach profile plots of the current and previous monitoring surveys. APTIM will manage the collection of georeferenced aerial photography of the project area, as discussed more fully in Task 2. The aerials will be collected between R-15 and R-60, as to align with previous aerial photography collection related to this project. Plots of relevant hardbottom and shoreline positions will be overlaid on the Sector 3 — 2018006— W003: 2018 Physical Monitoring Proj. # 631237709 124 APTIM June 2018 Page2of4 aerials and included in the report appendix. Biological monitoring is no longer required for this project; thus, delineation of the landward edge of hardbottom is not included in this scope of work. Task 1: Required Data To perform the physical monitoring evaluation, APTIM will need the beach profile survey data in x,y,z format, collected in summer of 2018 by Morgan & Eklund. Task 1: Deliverable APTIM will provide the County a draft electronic version of the report for the County's review and comments. APTIM will incorporate comments from the County and revise the report accordingly. Once finalized, APTIM will submit an electronic version of the Physical Monitoring Report to the FDEP to satisfy permit compliance. APTIM will also provide the County one hardcopy and one electronic version of the final report. It is assumed that Morgan & Eklund is responsible for submitting the survey data and associated survey reporting to the FDEP. Task 1: Schedule This task will begin upon approval from the County to proceed with this work order. It is anticipated that 60 days will be required to complete the analysis and compose a draft monitoring report. At such time, a draft report will be provided to the County for their review and comments. Once the comments are returned to APTIM, the final report addressing the comments will be submitted to the FDEP and the County within 14 days. FDEP permit condition 56 (d) requires an engineering report be submitted to the FDEP within 90 days following completion of each post -construction survey. As such, assuming data collection concludes July 31, and the data is provided to APTIM by August 17., we estimate submittal of a final report by October 30, 2018. Task 1: Cost The lump sum cost for this task is $29,534.00. Task 2: Georeferenced Aerial Photography — Sector 3 Task 2: Scope of Work As part of the Indian River County Sector 3 Beach and Dune Restoration Project, collection of georeferenced orthorectified aerial photography is required per FDEP special permit condition 56(c) for the primary purpose of mapping and quantifying exposed nearshore hardbottom and natural/artificial reefs. The aerials will be collected following FDEP's Monitoring Standards for Beach Erosion Control Projects, Section 02100 — Environmental Aerial Photography Acquisition (FDEP, 2014). APTIM proposes to subcontract with GPI Geospatial, Inc. (GPI), of Orlando, FL, to collect the aerial photography. GPI's proposal submitted to APTIM is attached for reference. Two separate scopes of work are presented for this task. Task 2.A: Sector 3 Aerial photography collection between R-15 and R-60, as to align with previous Sector 3 monitoring efforts. Task 2.6: Entire County (excluding Sector 3) Aerial photography collection between R-1 and R-15, and between R-60 and R-119. Task 2: Required Data GPI has previously performed this scope of work in the County (previously operating as ACA), and should have sufficient historic survey points to rectify the images. If additional survey points are required, the County's Public Works Department may have surveys that can be used to rectify aerial images — which will avoid additional field work. Sector 3 — 2018006 — WO#3: 2018 Physical Monitoring Proj. #631237709 125 AAPTIM June 8, 2018 Page 3 of 4 Task 2: Deliverable The following deliverables will be provided to the County (Entire County aerials —Task 2.A) and FDEP (Sector 3 aerials — Task 2.b) via secure file transfer or thumb drive, whichever the County/FDEP prefers: 1. Camera Calibration Report 2. Flight Report— includes Flight Log, Weather Log, and Tide Log 3. MetaData — Federal Geographic Data Committee (FGDC) compliant in HTML format 4. Individual georeferenced orthorectified image frames in uncompressed TIFF format and associated world files 5. Mosaicked georeferenced orthorectified image in 1PEG format and associated world file Task 2: Schedule Collection of the aerial photography will be timed to occur as close to concurrent as possible with the beach profile surveying conducted for Sector 3. The exact time of beach profile survey collection is unknown, but it is expected in mid-July 2018. APTIM will coordinate with GPI, the County, and/or Morgan & Eklund to align the schedule as close as possible. The Sector 3 aerials (Task 2.A) will be collected in conjunction with the Entire County aerials (Task 2.B). Task 2: Cost The lump sum cost for Task 2 is $20,185.20, including a S% management fee for subcontractors, per the Professional Services Agreement between the County and APTIM. The cost associated with each aerial collection effort is as follows: Task 2.A: Sector 3 $14,445.90, including a 5% management fee for subcontractors Task 2.8: Entire County.lexcludine Sector 3) $5,739.30, including a S% management fee for subcontractors Summary The total lump sum cost to perform the proposed work described herein for Sector 3 —2018006— Work Order #3 is $49,719.20. The following page includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, William Reilly, P.E. / Senior Coastal Engineer Aptim Environmental & Infrastructure, Inc. cc: Thomas Pierro, P.E., D.CE, APTIM Debbie Neese, APTIM Sector 3—W18006—W0#3: 2018 Physical Monitortng Authorized Corporate Signature Thomas P. Pierro, P.E., D.CE Printed Name Director of Operations Title Proi. #631237709 126 APTIM in -Ilan RIV%r County, F cse,in, r 3 2018coo - 4,101-k Ordar 111 . 201$ Physical (ior:ii>rirc Sumnt ary of Coca by . a k June 8, 2018 Page 4 of 4 SPM REVISION: 2818 -REV 18.2 PROJECT NUMBER: 631237709 Task Number Task Name Labor Subcontractors Equipment Materials Mobilization/ Totals $ $ _ _ -. - $ Expert Witness(Testimony) $ 300.00 Travel $ Task 1 Physical Monitoring Report $ 29,534.00 $ - $ "- $ u$ $' " - E 29,534.00 Task 2.A -$ 570.00 Sector 3$ _ $ 14,445.90 $ - - E- - - ` E 14,445.90 $ 150.00 ` Georeferenced Aerial Photography R15 -R60 -$ $ -- Coastal Engineer 11 $ 125.00 Is $ Entire County $ - Coastal Engineer 1 $ 105.00 84 $ 8,820.00 $ Task 2.B 84 (ensWding Sector 3) $ $ 5,739.30 $ - $ $ $ 5,739.30 $ - Rt -R15 -,R60 -R719 $ $ $ $ Professional Surveyor & Mapp - Totals= 2 $ 290.00 r$ 29,534.00 S 20,185.20 E �• -$ - $ - - .� E 49,719.20 Summary of Labor Hours and Cost Labor Title Labor Bill Rate Physical Monitoring Report Task 1 Labor Hours Cost Georeferenced Aerial Photography Task 2.A Task 2.5 (Sector 3) (Entire County) Labor Labor Hours Cost Hours Cost Labor Hours Totals Cost Principal EngineedSr Proj Mng $ 250.00 $ $ $ _ _ -. - $ Expert Witness(Testimony) $ 300.00 $ $ $ $ Program Manager $ 190.00 3 $ 570.00 $ $ .. • - 3 -$ 570.00 Sr Coastal Engineer/Proj Mngr $ 165.00 98 $ 16,170.00 $ $ 98 $ 16,170.00 Coastal Engineer III $ 150.00 $ $ -$ $ -- Coastal Engineer 11 $ 125.00 Is $ $ $ - Coastal Engineer 1 $ 105.00 84 $ 8,820.00 $ $ 84 $ 8,820.00 Coastal Modeler 11 $ 130.00 $ $ $ $ Coastal Modeler 1 $ 110.00 $ $ $ $ Professional Surveyor & Mapp $ 145.00 2 $ 290.00 $ $ 2 $ - 290.00 Hydrographer $ 135.00 $ - $ - $ •' $ Surveyor $ 95.00 $ $ $ $ Survey Technician $ 80.00 $ $ $•_ $ Senior Marine Biologist $ 135.00 $ $ $ $ Marine Biologist II $ 95.00 $ $ $ $ Marine Biologist 1 $ 72.00 $ $ $ $ . Professional Geologist $ 150.00 $ $ $ $ Geologist III $ 130.00 $ $ $ $ - Geologist 11 $ 95.00 is $ $ $ Geologist 1 $ 80.00 $ $ $ $ Senior CAD Operator $ 140.00 1 $ 140.00 $ $ 1 $ 140.00 CAD Operator $ 105.00 8 $ 840.00 $ $ 8 $ - 840.00 GIS Operator $ 105.00 20 $ 2,100.00 $ -$ 20 $. 2,100.00 Boat Captain $ 80.00 $ $ $ $ - - Bookkeeper $ 80.00 4 $ 320.00 $ $ �:.�� _ 4 $ Clerical $ 71.00 4 $ 284.00 $ 4 - $ 284.00 Technician $ 60.00 $ $ .$Subcontractors - - $ - $13,758.00 $ 19,224.00 5% Mgmt Fee for Subs - $ - $ 687.90 $ 961.20 E ui ment $ $ U$,:5,466.00 - $ Materials- $Mobilitationffravel - $ - $ $ TOTAL 224 $ 29,534.00 _ $14,445.90 224 $ 49,719.21 submitted By. William Reilly Submllted To: Indian River County, FL Submisslon Date: 06/08/18 Sector 3 - 2018006 - WO#3: 2018 Physical Monitoring Proj. #631237709 127 GPI GPI Geospa6al, Inc. LiDARI Photoommmetrs (;asset kianagement May 301h, 2018 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Subject: Indian River County Coastal Aerials GPI GEOSPATIAL, Inc. Proposal No. 18282 GPI GEOSPATIAL, Inc. greatly appreciates this opportunity to provide you with our proposal to perform professional Aerial services as requested. The following proposal is based on our understanding of the scope of work. This proposal can be individually modified to meet your requirements, upon request. Our proposed Scope of Work is as follows: SCOPE OF WORK GPI GEOSPATIAL will collect aerial imagery along the shoreline of Indian River County, FL, on separate areas: 1. Collection between R-15 and R-60 2. Collection between R1 -R15 and R60 -R119. The aerials will be collected following FDEP's Monitoring Standards for Beach Erosion Control Projects, Section 02100 — Environmental Aerial Photography Acquisition (FDEP, 2014). SCOPE OF SERVICES Flight Planning: Prepare 3 Band Digital Aerial Imagery flight plan with Airborne GPS/IMU using our Microsoft UltraCAM Eagle sensor to obtain 6" (six inch) pixel resolution imagery suitable for the preparation of raster imagery in accordance with the FDEP 2100 specifications. ABGPS/IMU data will be collected during the flight and post processed with the CORS GPS data. Collection of the aerial photography will be timed to occur as close to concurrent as possible with the post -construction beach profile surveying conducted for Sector 3 via separate contract. The exact time of beach profile survey collection is unknown, but it is expected in mid-July 2018. APTIM will provide GPI a notice to proceed. GPI will coordinate with APTIM, the County, or those performing the beach profile survey to align the schedule as close as possible. The flight shall be conducted on an incoming tide and when there is sufficient visibility in coastal waters to capture nearshore hardbottom. If, during the flight, weather conditions deteriorate to the point that any of the flight requirements stipulated by the FDEP standards cannot be met, then the flight will be rescheduled at no cost to APTIM. 423 SOUTH KELLER RD., SUITE 300, ORLANDO, FLORIDA 32810 P: 407-851-7880 F: 407-855-8250 www.GPI Geospatial-net.com 128 Page 2 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Project Specifics: 1. GPI GEOSPATIAL shall acquire RGB 3 band Digital Color Imagery using our Microsoft UltraCAM Eagle Camera. 2. The sun angle shall be at a minimum of 150-300 degrees; skies shall be free of haze, clouds and shall not contain any excessive tip, tilt, or crab. 3. Georeferenced digital imagery with the following specifications: a) A minimum 60% forward overlap with each adjacent photograph and a ratio of 50% land and 50% ocean (2000'and 2000') on the horizontal. b) The image shall be clear and sharp in detail, free from clouds, shadows or any other blemishes that would render the image as uncertain for mapping rock and reef features as far offshore as possible and no less than -15 feet NAVD. Monuments R-1 to R-119 Aerial Coverage Area GPI Geospatial. Inc. 423 South Keller Road, Suite 300 Orlando, FL 32810 p 407.851.7880 An Equal Opperturf N c"tn;.luye r 129 Page 3 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Flight Lines: 1-2—Exposures: 99 Ground Control Necessary ground control will be extracted from exisiting imagery sources and used in combination with collected ABGPS to rectify the imagery. It is assumed that previous control points can be used to rectify the imagery and have been previously surveyed. GPI shall inform APTIM of any additional survey information required outside of that anticipated within the original proposal, prior to performing any additional -work. All ground control shall be based on the Florida State Plane Coordinate System, NAD83/90 adjustment and tied to the HARN. GPI Geospatial, Inc. 423 South Keller Road, Suite 300 Orlando, FL 32810 p 407.851.7880 130 Page 4 William. Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Aerial Triangulation Defined as the procedure of establishing geometric relationships among forward and side lapping imagery to.extend and densify supplemental horizontal and vertical control points. Using the Horizontal and Vertical control survey data, and the Exterior Orientation Parameters of all frames (AGPS & IMU), GPI GEOSPATIAL shall precisely perform manual and automatic digital aerial triangulation using our Trimble Inpho Match -AT or ISAT software. Image points will be established at the Von Gruber locations on each image and will be 3 ray points except for the first and last image on each strip. Appropriate XY&Z weight factors to the control points will be established based on mapping scale requirements. A Certified Photogrammetrist will study and approve the aerotiangulation results; a PSM signed and sealed certification shall accompany the report. Automatic and manual tie point matching shall be performed on the entire set of imagery to best contribute to the strength and quality of the block. Geo -Referenced Digital Imagery Using the Exterior Orientations from the triangulation, GPI GEOSPATIAL shall perform a rigorous Geo -rectification of all imagery. The high quality imagery" shall have a constant scale. A tiling scheme shall be created, and all imagery shall be cut at 0. 5' pixel in TIFF formats. GPI GEOSPATIAL shall use our Trimble Inpho OrthoVista to bring it all together in a seamless homogeneous mosaic. OrthoVista is powerful professional mosaicking software that utilizes advanced imaging techniques to automatically adjust and compensate intensity and color variations, it also computes radiometric adjustments such as hot spots and lens vignetting on the entire block to match the color and brightness of adjacent images. Final Quality Assurance Check The entire project area is put through a quality control check, in which the imagery is reviewed and the final mosaicked tiles are checked against the project control points for accuracy. The check will include assuring that positions of stationary objects (roads, buildings, etc.) throughout the image frames align with previous aerials collected by GPI GEOSPATIAL. DELIVERABLES: GPI will provide 2 separate deliverables of the following for R -15-R-60 and R -1 -R -15_R-60-13-119 • Individual Geo -referenced tiles in uncompressed TIFF format and associated world files on DVD or thumb drive. ;, Mosaicked Geo -referenced files in JPEG format on DVD or thumb drive. GPI Geospatial; Inc. 423 South Keller Road, Suite 300 Orlando, FL 32810 p 407.851.7880 An Equal Oppoa'tunity Empluy:r 131 Page 5 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 • Camera Calibration Report. • Flight Reports, including Flight Log, Weather Log, and Tide Log. • FGDC Compliant Metadata in HTML format. SCHEDULE Aerial Imagery Flight Mission: One week from NTP, weather permitting. Delivery of Raster Imagery will be within 12 weeks from flight date. FEES Lump Sum (Total Fee)...............................................................................$ 19,224.00 R-15 to R-60: Indian River County Sector 3 Classification Hourly Rate Overhead Multiplier with 10% profit Billable Rate Hours Total Project Manager 556.00 3.00 $168.00 20 53.360.00 Project Surveyor/C,A/QC $53A0 3.00 $159.00 8 S1,27100 Surveyor/Aerial Trlangulation $45M 3.00 $135.00 18 s2A10.00 CADOTechilmage Clipping 526.00 3.00 $78.00 45 -"35L00 Onho Analyst $33.00 3.00 $99.00 55 SS.445:00 Pilot $3850 3.0D $115.50 5 SM.50 58nso10peratOr 52150 3.00 56450M 0.25 5322.50 Subtotal 513.75x. R-1 to R-15 and R-60 to R-119: Classification Hourly Rate Overhead Multiplier with 10% profit Billable Rate Hours Total Project Manager $56.00 3.00 $168.00 4 $672.00 Project Surveyor/QA/QC $53.00 3.00 $159.00 2 $318.00 Surveyor/Aerial Triangulation $45.00 3.00$135.00 6 $810.00 CADD Tech/Image Clipping $26.00 3.00 -_ $78.00 2 _ $156.00 Ortho Analyst $33.00 3.00 ._ $99.00 35 $3,465.00 Pilot $3850 3.00 . _ $115.50 0.25 $28.88 Sensor Operator $2150 3.00 $6450 0.25 $16.13 Subtotal $5,466.00 CONTRACT TERMS Time for Acceptance This proposal may be accepted only if it is signed and received by GPI GEOSPATIAL within ninety (90) days from the date of the proposal. . GPI Geospatial. Inc. 423 South Keller Road; Suite 300 Orlando, FL 32810 p 407.851.7880 132 Page 6 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy,.Suite 400 Jacksonville, FL 32256 Standard of Practice and Care Services performed by GPI GEOSPATIAL under this Agreement will be consistent with the level of care and skill ordinarily exercised by members of the profession performing the services currently practicing in the same locality and under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Agreement or any report, opinion, document or otherwise. Payment for Services Any retainer required per the proposal letter shall be paid to GPI GEOSPATIAL within three days after the Agreement is fully executed. GPI GEOSPATIAL shall not be obligated to perform any services under this Agreement unless and until the full amount of any retainer is received by GPI GEOSPATIAL. APTIM will be invoiced monthly based on work performed based on the percentage of the work which is completed. Payment for services will be due upon APTIM receipt of the invoice and shall not be conditioned on APTIM receipt of payment by any other party under any circumstances. One half of the amount of the retainer shall be applied to pay amounts of monthly invoices as they are issued and the remainder of the retainer amount shall be held by GPI GEOSPATIAL and applied to pay the final invoice. Any remainder of the retainer amount after the final invoice is paid will be returned to APTIM. Invoice payments not received within 30 days from the date of the invoice are deemed past due and shall be subject to a service charge equal to 1.5% per month (18% per annum). If payment is not received within 60 days of the date of the invoice, GPI GEOSPATIAL shall have the unilateral right to discontinue work on the project and/or, at GPI GEOSPATIAL's option, apply the remainder of any retainer amount with no legal recourse by APTIM. GPI GEOSPATIAL reserves the right to withhold deliverables under this Agreement until all delinquent invoices have been paid. If GPI GEOSPATIAL elects to continue to provide services after APTIM fails to timely pay an invoice, then thereafter, payment shall be deemed due and immediately payable before GPI GEOSPATIAL provides the deliverable(s) to. which the payment relates and GPI GEOSPATIAL's obligation to provide such deliverable shall be deemed not to arise until after full payment for the deliverable(s) is received. If, per the proposal, GPI GEOSPATIAL's services are being provided for a lump sum/flat fee, the price of services which are listed as part of GPI GEOSPATIAL's scope of services in the proposal will not exceed the lump sum/flat fee amount, except for the amount due GPI GEOSPATIAL for Reimbursable Expenses, if any, which are subject to payment in accordance with the "Reimbursable Expenses" provision which is set forth below. GPI Geospatial. Inc. 423 South Keller Road, Suite 300 Orlando; FL 32810 p 407.851.7880 in Ecuai r Aporrunity EnnFci-nr 133 Page 7 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Additional Services Services not expressly listed in the proposal are deemed to be additional services for which GPI GEOSPATIAL shall be entitled to additional compensation ("Additional Services") and will riot be performed until approved and authorized in a writing signed by APTIM and GPI GEOSPATIAL. If the fee set forth in the proposal is for a Lump Sum, then Additional Services shall be provided on an hourly basis, invoiced at GPI GEOSPATIAL's prevailing hourly rates which are set forth in Exhibit B to the Proposal, "GPI GEOSPATIAL Prevailing Hourly Rates" which is incorporated here and will be invoiced separately. Hourly Rate Schedule (Not applicable to Lump Sum Fees) Services provided on an hourly basis will be invoiced at "GPI GEOSPATIAL's Prevailing Hourly Rates" set forth in Exhibit B to the Proposal which is incorporated here. Reimbursable Expenses Reimbursable expenses will be billed to APTIM, in addition to the fee, whether Lump Sum or at an Hourly Rate. Reimbursable expenses include the cost of travel, lodging, reproductions, deliveries, postage, credit card fees charged by APTIM credit card provider, if applicable, applicable taxes, if any and the additional cost of higher insurance limits, if required by APTIM Project Suspension or Termination If the project is suspended for more than 90 days, abandoned or terminated, in whole or part, APTIM will pay GPI GEOSPATIAL for services performed and reimbursable expenses incurred prior to GPI GEOSPATIAL's receipt of written notice of such suspension, abandonment or termination. APTIM agrees that GPI GEOSPATIAL's fee for remainder of services which were unexecuted as of the date of abandonment or termination will require renegotiation and written and signed modification to this Agreement before GPI GEOSPATIAL is bound to continue to perform should the project be restarted. Risk Allocation In recognition of the relative risks, rewards and benefits of the project to APTIM and GPI ,GEOSPATIAL, APTIM agrees that, to the fullest extent permitted by law, GPI GEOSPATIAL's total liability to APTIM will not exceed the paid portion of the total amount of GPI GEOSPATIAL's fee with respect to any matter, based on any theory of recovery, including but not limited to negligence, errors, omissions., strict liability or, breach of contract or breach of warranty, arising from or related to this Agreement or the performance of services hereunder. Both APTIM and GPI GEOSPATIAL agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this Agreement. GPI Geospatial. Inc. 423 South Keller Road; Suite 300 Orlando, FL 32810 p 407.851.7880 c; Opp—,r ur. tL t n , cysr 134 Page 8 William Reilly, P.E. Senior Coastal Engineer APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 Force Majeure Neither party will be liable to the other for delays in performing any obligations under the Agreement due to circumstances beyond its reasonable control, including but not limited to revolts, insurrections, riots, wars, acts of enemies, national emergency, strikes, floods, earthquake, embargo, or transportation, and acts of God, and other events beyond the reasonable control of the parties caused by nature or governmental authorities. Dispute Resolution GPI GEOSPATIAL and APTIM shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement or the performance thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days shall be subject to non-binding mediation. Either party may demand mediation by serving a written notice stating the nature of the dispute, the grounds on which the dispute is based, amount claimed, and requiring that mediation of the matter be commenced within forty-five (45) days of service of notice. The mediation shall be administered by the American Arbitration Association in accordance with their most recent Construction Mediation Rules, or by other person or organization and according to such other rules, as the parties may agree upon. If the dispute fails to be resolved by non-binding mediation within sixty (60) days after commencement of mediation, the dispute shall be submitted for arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before one arbitrator. Mediation or arbitration shall take place in Orlando, Florida or the some other mutually agreeable location. The cost of such mediation and/or arbitration shall be borne equally by the parties with each party bearing the expense of its own attorneys, except that if the dispute arises from or relates to GPI GEOSPATIAL's enforcement of any of its rights or APTIM obligations under this Agreement, APTIM shall reimburse GPI GEOSPATIAL's damages, losses, costs or expenses, including but not limited to attorneys'fees. Miscellaneous a. Merger: The agreement between GPI GEOSPATIAL and APTIM consists of these General Terms and Conditions, the attached proposal, and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral between them relating to the subject matter of this Agreement. b. No Waiver: The failure by GPI GEOSPATIAL to enforce or otherwise exercise any right under this Agreement shall not be deemed a waiver. No waiver shall be effective unless expressly stated in a writing signed by GPI GEOSPATIAL. c. Saving Clause: If any provision(s) of the Agreement be deemed illegal, invalid or unenforceable by a court with jurisdiction, the remaining provisions shall remain in effect. GPI Geospatial. Inc. 423 South Keller Road, Suite 300 Orlando, FL 32810 p 407.851.7880 An Equoi Oppar 'unity Ein.p t>ye; 135 Page 9 William Reilly, P.E. Senior Coastal Engineer ' APTIM 9143 Philips Hwy, Suite 400 Jacksonville, FL 32256 d. Changes or Modifications: This Agreement can be changed or modified only by mutual agreement by GPI GEOSPATIAL and APTIM in a writing signed by an authorized representative of both GPI GEOSPATIAL and APTIM e. Right and Remedies Cumulative/Choice of Law: GPI GEOSPATIAL's rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies otherwise available pursuant to applicable law. GPI GEOSPATIAL may exercise its rights as often as it deems appropriate. This Agreement will be governed by the laws of the State of [Florida) without regard to its conflicts of law principles. f. The proposed fee does not cover any additional insurance limits that exceed GPI GEOSPATIAL's standard coverages. This proposal fee will be adjusted to cover any higher insurance limits if they are required for this contract. By signing below I APPROVED AND ACCEPT this letter as a legal contract and I have read and agree to the payment terms as set forth above. 0 (Authorized Signature) (Typed or printed name) Date: Title: Authorized Fee: $ . Purchase Order No.: Very truly yours, GPI GEOSPATIAL, Inc. -. 4�. � - Kurt Griffel Assistant Vice President GPI Geospatial, Inc. 423 South Keller Road, Suite 300 Orlando, FL 32810 p 407.851.7880 An Equal Opa+'[unity Ernptoye 136 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP FROM: William Johnson P.E., Roadway Production Engineer SUBJECT: Rejection of Bid No. 2018048 Gifford Neighborhood 45th Street Beautification Project Phase II (IRC -1748) DATE: June 18, 2018 DESCRIPTION AND CONDITIONS On August 15th, 2017 the Board of County Commissioners approved the Continuing Contract for Professional Services Work Order No. 14 with Kimley-Horn & Associates, Inc. Work Order No. 14 addresses Action Item 9.3 of the Gifford Neighborhood Plan which was scheduled for completion by 2018. Under Action 9.3 the County agreed to improve and beautify the segment of 45th Street from 43rd Avenue to US #1 with Phase II improvements. The improvements would include enclosing Sub-lateral'H' canal byculverting certain portions of the canal on the south side of 45th Street, adding a 6 -foot sidewalk, and adding landscaping improvements. During the bidding process Staff was advised by prospective bidders of a regional industry -wide material shortage for one of the main pipe sizes specified for the project; which Staff verified with pipe manufacturers. A bid addendum was issued which contained revised construction plans that increased the unavailable pipe to the next commonly available dimension also resulting in an increase in the size of drainage structures. A bid opening for the Gifford Neighborhood 45th Street Beautification Project Phase II was held on May, 23rd 2018. One (1) bid was received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Johnson -Davis, Inc. Fort Pierce, Florida $3,545,744.00 Staff met to review the received bid and from this review IRC Purchasing Division requested a unit price clarification from the Bidder on behalf of the Engineering Division. The Bidder responded to staff that the unit prices within the bid were correct and competitive. Staff requested a revised engineer's cost estimate to account for the increase in size for pipe and drainage structures. The revised engineer's cost estimate is $ 2,657,696.50, an increase of approximately $650,000. The cost difference between the submitted bid and the revised Engineer's Cost Estimate was $888,047.50 higher than the revised engineer's estimate. Due to the significant difference between the Engineer's Cost Estimate and the single bid received, staff does not support award of the project to the only Bidder as staff is unable to compare unit costs to other bidders. The project was intended to address Action item 9.3 in the Gifford Neighborhood Plan established in 2014 and was scheduled to be completed in 2018. Re -advertising the project will result in the project being completed in 2019. 137 Page 2 of 2 Award of Bid 2018048 BCC Agenda Item for July 3r1, 2018 FUNDING Funding for re -advertisement of the project is available in Account No. 10921441-066510-03023 Gas Tax (45th Street "West End" Culverting - Construction). RECOMMENDATION Staff recommends the Board of County Commissioners reject the single bid from Johnson -Davis, Inc., and authorize staff to modify the specifications and re -advertise the Project as soon as possible. ATTACHMENTS Johnson -Davis, Inc. response for clarifications DISTRIBUTION Johnson -Davis, Inc. APPROVED AGENDA ITEM FOR JuIV 3rd, 2018 138 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@F834728D\@BCL@F834728D.doc j;l� JOHNSON-DAVIS INC. "Construct with Confidence" June 13, 2018 Ms. Jennifer Hyde Purchasing Manager Indian River County 1800 27'1' Street Vero Beach, FL 32960 Re: Indian River County Bid No. 2018048 45th Street Beautification Phase II. Dear Ms. Hyde, As per your request for clarification, we offer the following explanations. Item Description Explanation Mobilization Lump sum items for large bids contain general condition costs that must be recovered by the contractor such as mobilization, insurance, and bonding requirements and estimated costs not covered by applicable pay items. 5% to 7% of the total bid is generally considered reasonable. Clearing and grubbing Our bid price for this lump sum item was changed and initialed by the bidder lowering our total bid in the final hours prior to submission. Our bid price is very competitive having to include removal and disposal of existing drainage facilities in this item. Embankment Our unit price is very competitive for purchase, delivery, spreading, and compaction of material needed to fill existing canal. I hope the explanations we have provided satisfy your needs. If any additional information is needed, please feel free to contact our office. Also, I can be reached at 561-718-4505 or at siohnsonra,,iohnsondavis.com. Si Cott Johnson President ,q&AMtA�`9 crrl/ `trn,�iJ/irr.c/rnrr a CUC043087 0 ill ek-,, Y Main Office: 604 Hillbrath Drive - Lantana, FL 33462 - Phone: 561-588-1170 • FAX 561-585-5252 s} f�irrllNl���'" Ft. Pierce Office: 863 S. Kings Hwy - Ft. Pierce, FL 34945 • Phone: 772-468-9200 • FAX 772-468-9202 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM c� TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Request for Purchase Order Increase for Stabilized Material DATE: June 25, 2018 DESCRIPTION AND CONDITIONS Road and Bridge staff have been aggressively adding stabilized material to the 226 miles of unpaved roadways within the County. The addition of material to the roadways is necessary to increase the stability of the unpaved roadways to withstand repeated use and unfavorable weather conditions. Currently, the County has a Purchase Order in the amount of $50,000 with Bernard Egan & Company for stabilized material from their Blue Goose Mine. We have reached the $50,000 threshold with this Purchase Order and we are requesting Board approval to increase this Purchase Order to $80,000 to continue acquiring material to place on our unpaved roadway system. FUNDING Funding in the amount of $30,000 is available in Secondary Roads Construction/Paving Material - 10921441- 035310. RECOMMENDATION Staff recommends the Board approve increasing the Purchase Order 79164 with Bernard Egan & Company by $30,000 for a total of $80,000 for the purchase of stabilized material. ATTACHMENTS None APPROVED AGENDA ITEM FOR: July 3, 2018 140 /A o DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: June 18, 2018 SUBJECT: Ratification of Amendment to Article 26.12 of the Collective Bargaining Agreement between Indian River County and the International Association of Firefighter's, Local 2201 Removing the Prohibition for Light Duty for Pregnancy BACKGROUND The collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201 (IAFF) prohibits light duty for any non -job related injury or illness, including pregnancy. In order to provide for light duty when a pregnant firefighter is restricted from regular duty by their treating 'physician, the parties agreed to a modification to Article 26.12 to remove the prohibition excluding light duty for pregnancy. A ratification vote was conducted by the IAFF and the County received notification on June 13, 2018 the bargaining unit ratified the proposed amendment. The attached amendment to Article 26.12 is presented to the Board of County Commissioners for ratification. Following ratification by the Board, the amendment will be incorporated into the existing collective bargaining agreement. RECOMMENDATION: Staff respectfully recommends the Board of County Commissioners ratify the amendment to Article 26.12 removing the prohibition excluding light duty for pregnancy and requests the Board authorize its Chairman to sign the amendment to Article 26.12 of the collective bargaining agreement. ATTACHMENTS: • Proposed Amendment to Article 26.12 of the Agreement between Indian River County and the International Association of Firefighter's, Local 2201 • June 13, 2018 IAFF Notice of Ratification 141 ' County Proposal 4/25/18 ARTICLE 26 a` MEDICAL LEAVE AND DISABILITY LEAVE � tf 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. For shift employees, each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ACCRUAL A. For employees hired before the beginning of the first pay period after Union ratification and County approval of this Agreement, medical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. 142 County Proposal 4/25/18 B. For employees lured on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, medical leave shall not exceed fifty (50) days at any time. 26.04 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.05 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Director of Emergency Services, B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in the last 30 days of employment with the County shall not be permitted unless approved by the Emergency Services Director or his designee. D. Any request for scheduled medical leave authorized under Article 26.04 (B) shall be requested 72 hours in advance. 143 .s County Proposal 4/25/18 B. Employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of one hundred (100) days, upon retirement in accordance with existing retirement plans or death. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. if incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. 144 County Proposal 4/25/18 F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall provide the Director of Emergency Services with an assessment on the likelihood of the employee returning to work. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty .for non -duty related illness, injury, or condition (suer -as not including pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for Family and Medical Leave, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993 (FMI,A). FMLA leave shall run concurrently with all other paid and unpaid leave for FMLA-qualifying absences, and all absences from work for FMLA-qualifying reasons, whether paid or unpaid, will be charged against the employees' FMLA leave allotment. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. 145 Indian River County Firefighter/Paramedic Association IAFF Local 2201 John O'Connor Kevin Delashmutt President Vice President June 13, 2018 Jason Brown County Administrator Indian River County Administration Building A 1801 27th Street, Vero Beach, FL. 32960-3388 Dear Jason, Richard Ridge Jamie Calloway Vice President Secretary/Treasurer Indian River County JUN 13 2018 Office of the County Administrator This week, IAFF Local 2201 conducted ratification voting regarding the tentatively agreed to language revision in Article 26.12 of the current Collective Bargaining Agreement. This language relates to light duty for pregnancy. We are happy to inform you that our membership has ratified this language change. We look forward to seeing the Board of County Commissioners ratify this change. We would also like to thank the County Administration, the Board of County Commissioners, and the Fire Rescue Administration for making this change happen. It's a positive step for the female members of our department. Sincerely, Kevin Delashmutt, Vice President On behalf of John O'Connor, Preside t 1818 Commerce Avenue • Vero Beach, Florida 32960 Phone 772-567-2201 ■ Fax 772-778-2646 • Email ircffa@gmail.com • \Website ww\v.indianriverfire.org Affiliated urith the Intemational Association of Firefighters and the Professional Firefighters of F lodda • AFL-CIO, 146 M 6R DEPARTMENTAL MATTERS INDIAN RIVER COUNTY if, DILT161.7_1Z011]T► TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boylll " " Human Resources Director DATE: June 18, 2018 SUBJECT: Legal Services — Labor & Employment Matters BACKGROUND Indian River County Board of County Commissioners has been represented in labor and employment matters by Fisher & Phillips, LLP for many years. The services provided are specialized and require a high degree of expertise. Staff is well satisfied with the service provided by Fisher & Phillips. Effective October 1, 2018, the hourly rate for attorneys for services provided by Fisher & Phillips will increase from $265 to $280. m irunINr;- The remittance to Fisher & Phillips in FY2016/17 was $24,062.00 for legal services. Funding for legal services is included in the current budget and is also budgeted in the upcoming FY2018/19 budget. Expenses are dependent upon the number and complexity of legal issues that require representation. The increase in hourly attorney's fees represents a 5.7% increase. RECOMMENDATION: Staff respectfully recommends the Board of County Commissioners authorize the continuation of the engagement agreement with Fisher & Phillips to provide legal services for labor and employment matters. ATTACHMENTS: Fisher & Phillips, LLC Engagement Letter 147 fisherphiilips.com June 13, 2018 Mr. Jason E. Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Re: Legal Services — Labor & Employment Matters Dear Mr. Brown: Orlando 200 South Orange Avenue Suite 1100 Orlando, FL 32801 (407) 541-0888 Tel (407) 541-0887 Fax Writer's Direct Dial: (407) 541-0850 Writer's E-mail: jmandel@fisherphillips.com This will confirm the agreement between our law firm, Fisher & Phillips LLP, and Indian River County for this firm to represent the County in labor and employment matters. Fisher & Phillips LLP is one of the oldest and Iargest firms in the nation engaged exclusively in the practice of labor and employment law, representing management. It has always been our philosophy to provide efficient, specialized services in the labor and employment area at rates comparable to or below those of our competitors and most general practice firms. We believe having a reputation for providing high-quality work at reasonable rates is much more beneficial in the long run than charging the maximum going rate for our kind of services. As you know, we have, for a number of years, provided the County legal services at the hourly rate of $265 for attorneys. Effective October 1, 2018, our hourly rates will increase to $280 for attorneys. We charge for long distance telephone calls, travel costs, photocopying, courier services, express delivery, facsimile transmissions, computer-aided legal research, and similar items connected with our handling your work. Ordinarily, these amounts will be set forth separately on your billing statement. Please let us know if you have any questions about the way we compute non -fee charges. Also, sometimes we must incur third -party charges on our client's behalf, such as for process servers, court reporters, interpreters or translators, outside printing or copying,, expert witnesses or consultants, and the like. Our policy is to forward all invoices from third -party vendors to our client for direct payment. The County agrees to pay these invoices no later than 30 Fisher & Phillips LLP Atlanta • Baltimore - Boston • Charlotte - Chicago - Cleveland • Columbia • Columbus • Dallas • Denver • Fort Lauderdale - Gulfport • Houston Irvine • Kansas City • Las Vegas - Los Angeles - Louisville • Memphis - New Jersey • New Orleans • Orlando • Philadelphia 148 Phoenix • Portland • Sacramento • San Diego - San Francisco - Seattle • Tampa - Washington, DC FPDOCS 34157352.1 Mr. Jason E. Brown June 13, 2018 Page 2 days following your receipt of them, and acknowledges that its failure to pay any such invoice will constitute a default of this agreement. Our practice is to send bills on a monthly basis. Our statements generally cover fees and expenses incurred through the end of the prior month, although sometimes fee totals or charges might not be immediately available for one reason or another and will therefore be billed later. This is particularly true at the end of a case. We expect our statements to be paid within 30 days of receipt. If the County ever has a question about an invoice, it should contact us promptly to discuss it. If for any reason the County finds itself unable to pay a statement within 30 days after receipt, please call us promptly so that we can discuss it. We do reserve the right to withdraw from our representation of the County in the event any statement remains unpaid for more than 60 days. Also, if it ever should be necessary for us to resort to legal action to collect our fees and expenses, it is agreed that the prevailing party shall recover its reasonable attorney's fees and costs in connection with any such action. We will bill the County for the time we spend working on its legal matters. It is important that the County understands that while we will always seek the most expeditious and economical resolution to the various legal problems we handle on its behalf, we cannot guarantee any specific result. Particularly where litigation and other contested matters are involved, there are many variables that determine whether a particular party will prevail. Unless we specifically enter into a separate express contingency fee arrangement with the County on a specific matter, our fees are not based on contingencies and are due and payable regardless of the outcome of the matter at issue. We reserve the right to stop performing services and to withdraw from the County's representation if it fails to cooperate with us or follow our advice, if we determine that the County has made material misrepresentations to us, or if the County fails to pay our fees or expenses incurred on its behalf. The County agrees that we may withdraw from the representation under these circumstances, subject to court approval where that is required. Clients and attorneys must communicate effectively with one another to exchange information and to discuss developments and possible courses of action. We will keep the County informed as developments occur and will consult with the County as to the appropriate steps to take. We also ask that the County keep us informed of its objectives and wishes and that, if we ask for specific information or for instructions necessary to adequately carry out our representation, the County will respond accurately, completely, and as quickly as possible. 149 FPDOCS 34157352.1 Mr. Jason E. Brown June 13, 2018 Page 3 The codes of professional responsibility applicable to attorneys in some states require that law firms advise clients whether the firms have errors -and -omissions insurance coverage. Fisher & Phillips LLP does have such coverage. As always, we enjoy working with the County, and are grateful that we have been selected to provide legal services to the County. We regret the length of this letter, but as we noted at the outset, we take our professional responsibilities seriously and want to comply scrupulously with all ethical requirements. We also want to set forth herein all material terms of our agreement with the County. If you have any questions, please call. Once again, we appreciate the opportunity to work with the County, and we will always strive to maintain its confidence and trust. r truly yours - rey E. Mandel cc: Suzanne Boyli, HR Director FPDOCS 34157352.1 150 Ja6I INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 18, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Richard Meckes, Wastewater Superintendent Subject: Sole Source for Florida Blower BACKGROUND/ ANALYSIS: The Indian River County Department of Utility Services (IRCDUS) Residuals Dewatering Facility (RDF) Odor Control Fume Exhauster is out of service. The odor control system uses a New York Blower Fume Exhauster to remove odors from the sludge holding tanks and the Raptor Complete Plant Influent Screens. The exhauster is a vital part of the treatment system and is required to ensure that the facility is in compliance with the Florida Department of Environmental Protection (FDEP) treatment requirements. Over the last 5+ years, the equipment received routine maintenance, but due to the extremely corrosive and hazardous gases that the blower removes, the equipment has failed. The useful life span of 3-5 years is expected for this equipment because of the corrosive gases that the blower is removing. The replacement blower is a sole source item because the odor control process equipment is designed and engineered for this particular blower connection as well as the size and shape of the facility. FUNDING: Funds for this project are derived from the Replacement and Renewal (R&R) budget in the Operating Fund. Operating funds are generated from water and sewer sales. Description Account Number Amount RDF Blower Motor 47123536-044699-18527 $19,484.00 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve Florida Blower as the sole source for a New York Blower, waive the requirement for bids, and authorize the Purchasing Division to issue a purchase orders to Florida Blowers, as needed. ATTACHMENTS: 1. Florida Blower Quote No. CCW/BH 2. Sole Source Letter, Florida Blower C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@48127D29\@BCL@48127D29.Doc Page 1 of f5l NEW PROJECT ACCOUNT NUMBER REQUEST INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES New Project Title: Purchase FE182MP Fume Exhauster Description of Property: Residuals Dewatering Facility Utility Project Number Date of this Request _Upon receipt of this competed form, finance will assign and provide a WIP account number to you. Y / N : N Will this be an Assessment Roll? Y / N : N Will any grant monies be expended for this project? Y/N : Y Is this an R & R project. ESTIMATED CONTRACT AMOUNT Major Contractor(s): . Florida Blower $19,484.00 Major Engineer(s): ,.-----Other Expenses:_ _._ -..._._._.___..w. Total Expected Cost Expected Completion Date: Contact person for project: Rich Meckes For Finance Only WIPNumber:_ Assessment Roll Number: Date Assigned: $19,484.00 September 2018 152 PURCHASE ORDER REQUEST %` -- _ -- �'. .✓.3'=� : _ - '�. _ '.,.�.� u'.;s r�, .Y ({ ,R Request Date 5/24/2018 RDM Date 18,862.00 Account Number 1 47121836044699 Req. No. Vendor Information Name Florida Blower Address City/State/Zip Phone Number Fax Number Email address Description of Item(s) & Intended Use The Residual Dewatering Facility Odor Control Blower is beyond repair and needs to be replaced the Blower is used to pull H2S gases from the holding tanks and receiving equipment and push the gases through the Odor Control system. Without the Blower the site could receive Odor compliants Quanity Item Number Description Unit Price Total 1 FE182MP Fume Exhauster $ 18,862.00 $ 18,862.00 Total $ 18,862.00 FreighVShipping $ 622.00 ra ranTotal 8A�10r Ship To: Residuals Dewatering Facility 1325 74th ave SW (Vero Beach FI 32968 THE NEW YORK BLOWER COMPANY Please reply to FLORIDA BLOWER, INC. 3884 Tampa Road Oldsmar, Florida 34677 T 813.855.0210 www.nyb.com 5/23/18 Reference in -2013-03635 rev 5/25 for frt add MR. BRIAN HORNE Indian River County File # 2013-0363 Date Built 2013 Cust ref PO# 00067369-00 l'11111- -11i W1110111 { FOB shipping point, with no freight allowed. Terms: 30 days net. Subject to conditions of sale on back. This quotation, for equipment manufactured by nyb, is valid for acceptance within 15 days. Purchased components such as motors, drives and vibration bases are subject to adjustment to price in effect at time of shipment. nyb reserves the right to qualify and correct clerical errors before acceptance. New York Blower PRICE Size IFE182MP Fan Type I Fume Exhauster 75% NW G39AYRH Motor 3 60 460v Explosion proof, 1.15. Service Factor 10 HP 3600 RPM Inverter -duty, CL I, GRP A,B,C,D Replacement New York Blower with the same accessories as originally provided Total price $18,862 Prepaid freight from the factory to FL: $622.00 Total including freight: $19,484 Thank you for requesting a quotation. This quotation is presented with line item pricing so the fan can be ordered with the accessories as desired for the application. This quotation =provides only the above listed items as further described in the applicable nyb brochure. Florida BlowePs only business is "air"'Please-take=advantage-of our -extensive -reference--_—_.— _ ____ and application resources. Respectfully, Joe Seitz Accepted BY Date Member of AMCA—Air Movement and Control Association International THE NEW YORK BLOWER COMPANY By ENTIRE AGREEMENT/CHANGES The terms on The Now York Blower Company (nyb) acknowledgement of Buyer's order constitute the entire agreement between nyb and buyer. Any additional, different, or conflicting terms shall not become a part of this agreement unless expressly agreed to by an authorized employee of nyb, in writing. Stenographic or clerical errors are subject to correction. PRICE PROTECTION Prices on equipment of nyb manufacture are firm for shipment up to six months from the date of original order entry. if equipment is shipped after 6 months from the date of original order entry, prices will be adjusted to the price in effect at time of shipment. All complete component accessory material manufactured by others and furnished with nyb equipment such as motors, drives, vibration bases, controls or other completely assembled component structures are subject to adjustment to the price at time of shipment regardless of the date of original order entry. 3. RISK OF LOSS, INSPECTION AND DAMAGE Goods are shipped FOB shipping point. The buyer agrees to inspect the goods shipped upon receipt thereof, and to immediately report any damage or shortage to nyb and to the carrier. Further, buyer agrees to file any claims for shortages or damage with the carrier. 4. CREDIT SALES Payment is due within 30 days of the invoice date. nyb, at its option, reserves the right to withdraw credit, or change the terms thereof at any time. s. SHIPPING DATES All dates of shipments are contingent upon strikes, accidents, shortage of materials, delays of carriers, or causes which are unavoidable or beyond the control of nyb. 6, CANCELLATIONS All orders are for firm delivery and not subject to change or cancellation, without approval from nyb. In the event a cancellation or change is approved, buyer agrees to pay reasonable cancellation charges or any price increase applicable to such change. 7. LIMITATION ON DAMAGES The buyer agrees that its sole and exclusive remedy, and the limit of nyb's liability for loss from any cause whatsoever, including warranty, shall be the purchase price of the goods sold hereunder for which a claim is made. In addition, nyb shall not be liable for any consequential damages, such as damages for loss of use or lost profits. S. TAXES Federal, state or local taxes are not included in nyb's prices, and will be added to the purchase price, where applicable. In such event, buyer agrees to pay said taxes or furnish evidence of exemption. 9. . ARBITRATION The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be settled through binding arbitration in Chicago, IL, before one arbitrator, The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or International Rules, if applicable. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not , preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction - 10. MEDIATION The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall first be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted for final and binding arbitration pursuant to the arbitration clause set forth above. The mediation shall be administered by JAMS pursuant to its International Mediation Rules. The parties covenant that they will participate in the mediation in good faith, and that they Will share equally in its costs. The provisions of this Clause may be enforced by any Court or Tribunal of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. 111. SAFETY ACCESSORIES Buyer understands that nyb manufactures mufti -functional goods that may or may not require safety devices, depending on the use and location of the goods. Buyer warrants to nyb that Buyer has determined what safety devices, including warning devices and notices of danger, should be placed on the goods sold hereunder, and has either purchased these with the goods sold hereunder or from another source. LIMITED PRODUCT WARRANTY All products are warranted by nyb to be free from defects in materials and workmanship for a period of one (1) year after shipment from nyb, provided buyer demonstrates to satisfaction of nyb that the product was properly installed and maintained in accordance with nyb's instructions and recommendations and that it was not operated in excess of its design limits or operational standards set forth in nyb's order acknowledgement or quotation. This warranty is limited to the replacing and/or repairing by nyb of any part or parts which have been returned to nyb with nyb's written authorization and which in nyb's opinion are defective. Parts not manufactured by nyb but installed by nyb in equipment sold to the buyer shall carry the original manufacturer's warranty only. All transportation charges and any and all sales and use taxes, duties, imports or excises for such part or parts shall be paid for by the buyer. nyb shall have the sole right to determine whether defective parts shall be repaired or"replaced. This warranty does not cover any customer labor charges for replacement of parts, adjustments or repairs, or any other work unless such charges shall be assumed or authorized in advance, in writing, by nyb. This warranty does not cover abrasion, erosion and wear, nor does it cover any product which, in the judgment of nyb, has been subject to misuse or neglect, or which has been repaired or altered outside nyb's plant in any way which may have Impaired its safety, operation or efficiency, or any product which has been subject to accident. This warranty shall be null and void if any part not manufactured or supplied by nyb for use in any of Its products shall have been substituted and used in place of a part manufactured or supplied by nyb for such use. THERE ARE NO WABRANTIM.,0THER THAN THOSg APPEARING ON TH4 CKNQWLFDGEM9RTY-QBM-JN.9�� N MEBCHANIABILIIY OR FITNESS FOR A PARTICULAR PURPOSE, GIVEN IN CONNECTION WITH THE SALE OF T!JE GOODS SOLD BE - 11gUNDER. Effective July 1, 2007 The New York Blower Company - 7660 Quincy Street - Willowbrook, Illinois 60627-5530 155 7.ai�l.5 THE NEW YORK SLOWER COMPANY 7660 Quincy Street - Willowbrook, IL 60527-5530 • Ph: 630-794-5730 - Fx: 630-794-5776 - Email: rory.king@nyb.com Indian River County 2500 6th Ave SW Vero Beach, Fl. 32962 Kevin Gibson kbibson@ircgov.com This letter confirms that Florida Blower remains nyb's exclusive authorized sales representative for the state of Florida. Please contact Florida Blower for new products, spare parts, and service to existing New York Blower products. We appreciate your interest in the New York Blower Company. Regards, Rory King Manager, Customer Service LFLORMA S 010WE Dfw *q L171 I Phone: 813-855-0210 Fax: 813-854-5791 FLORIDA BLOWER, INC. 3884 Tampa Road Oldsmar, Florida 34677 "Florida's only full line of Fans, Blowers- Vacuum pumps & silencers" The New York Blower Fans & Blowers - Steel, Aliuffinum, Stainless. Fbers-lass Company 0 The Spencer Turbine Regenerative & Positive Displacement Blowers (From stoat) company crolair Propeller Fans - Axial Fans - Roof Ventilators 156 DATE: 5-25-18 TO: Purchasing Division SOLE SOURCE MEMORANDUM REQUISITION NO (if entered) FROM: Rich Meckes (Department/Division Head Signature) Name Required SUBJECT: Request for approval of "No Substitute". Sole Source ❑ or Sole Brand ❑ (check one) ITEM/SERVICE TO BE PURCHASED: New York Blower 10 HP 3600rpm FE182MP Blower DESCRIPTION/SPECIFICATIONS: The Blower must be an exact replacement due to mounting location and connections Description of your department's requirements and why waiving the bid/quote requirement is in the best interest (product standardization, compatibilitly, pro�rieta item, �tc. : eplacement blower must be an exact rep acem nr for I Odor on Steps taken to identify other potential vendors/confirm sole source or brand: Web Search Estimated amount of purchases of this or similar items from this vendor required in the current fiscal year: $19,000.00 Date this specific item and/or vendor been designated sole source for this requirement by the Board of County Commissioners (if applicable): VENDOR: Florida Blower COMMENTS: Approved: - Yes No Comment: Jennifer Hyde ;Purchasing Manager Instructions: Complete and forward signed form to Purchasing. Confirmation of the sole source designation may be verified through a posting on Demandstar. Please submit this form.as early as possible so Purchasing has ample time to post and enable responses by vendors and to avoid delaying your purchase. 157 iaG 2 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 18, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Richard Meckes, Wastewater Superintendent Subject: Sole Source for ABBA Pump Parts and Service BACKGROUND/ ANALYSIS: The Indian River County Department of Utility Services (IRCDUS) West Regional Wastewater Treatment Facility (WWTF) employs the use of Allis Chalmers pumps for the internal recycle system and the return activated sludge (RAS) pumping system. The Allis Chalmers pumps keep the bio -mass recirculating during the treatment process, returning sludge to the aeration basin and mixing the bio mass in the anoxic zones in other treatment tanks. This process is used to reduce the Total Nitrogen and Total Phosphorus in the final plant effluent. The pumps are a vital part of the treatment systems that are required to ensure that the facility is in compliance with the Florida Department of Environmental Protection (FDEP) permit. Over the last 8+ years, the equipment received routine maintenance, but the equipment is beyond its useful life span of 7-10 years and is in need of replacement. These pumps are a sole source item due to the unique facility treatment process; the pump equipment is designed and engineered for the size and shape of the tanks at the facility. FUNDING: Funds for this project are available in the Renewal and Replacement (R&R) budget in the Operating Fund. Operating funds are generated from water and sewer sales. Description Account Number Amount West WWTF Rotating Assemblies 47123536-044699-18528 $36,958.00 West WWTF RAS Pump and Motor Repair 47123536-044699-18526 $13,500.00 Total $50,458.00 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve ABBA Pump Parts and Service as the sole source for Allis Chalmers pumps, waive the requirement for bids, and authorize the Purchasing Division to issue a purchase order to ABBA Pump Parts and Service as needed. ATTACHMENTS: 1. ABBA Quote No. I-ACAA-27031, I-ACAP-20731-1 and Quote No. I-ACNA-27068, I -ACNP -20768-1 2. Sole Source Letter, ABBA Pump Parts and Service C:\Users\Legistar\Appdata\Local\Temp\BCL Tech nologies\Easypdf 8\@BCL@882008B7\@BCL@8820C8B7.Doc Page 1 off58 NEW PROJECT ACCOUNT NUMBER REQUEST INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES New Project Title: Purchase (2) Internal Recycle Pump Rotating Assemblies Description of Property: West Regional Wastewater Facility Utility Project Number Date of this Request: Upon receipt of this competed form, finance will assign and provide a WIP account number to you. Y / N : N Will this be an Assessment Roll? Y / N : N Will any grant monies be expended for this project? Y/N : Y Is this an R & R project. ESTIMATED CONTRACT AMOUNT Major Contractor(s): ABBA Pumps Parts and Service $36,958.00 Major Engineer(s): _-.._.___..___Other Expenses:.._.._._._........—.—.._..__ Total Expected Cost $36,958.00 Expected Completion Date: September 2018 Contact person for project: Rich Meckes For Finance Only WIP Number:_ q-71 7-755�j(o off- "cl (6S Assessment Roll Number: Date Assigned: 159 PURCHASE ORDER REQUEST =h c'Ms�i���',�,%��'��: :��?�;.��•y'Y.���;.�: :b--� �� '-�i�1,,5 s>nx,.-` �: sx �,�x�:..ry :� _ ,�.��l�s� -� Wv.��F. Vnn: y5w ,.; ..I ,���' Y`4'•;. 8^'- - -- r�t'�-•�.,:.��yrv�:,.._ �.,F - -� �'�'� - '�.rm^ si .K.+.'i, nr �'` � ..zany Request Date 6/1/2018 RDM Date 2 Account Number 1 47121836044699 $ Reg. No. $ Vendor Information Name ABBA Pump Parts and Service Address City/State/Zip Phone Number Fax Number Email address Description of Item(s) & Intended Use The West Plant #1 and #3 Internal Recycle Pumps need extensive repairs and are beyond econmical repair. These are vital pumps that are needed to keep the facility in compliance. We are getting by with the other pumps running but if another pump go's down we will be is a bad position. and could put the Facility in FDEP noncompliance Quanity Item Number Description Unit Price Total 2 ACA1041/F8J Rotating Assembly $ 11,746.00 $ 23,492.00 2 2.75 Chesterton 155 Seal $ 2,950.00 $ 5,900.00 2 ACA -10033-00781-101 Suction Cover $ 3,128.00 $ 6,256.00 2 ACA -10016-0000-502 Wear Ring 330.00 $ 660.00 $ - Ship To: West Regional 8405 8th St Vero Beach R 32968 Total 1 $ 36,308.00 Freight/Shipping $ 650.00 6bABBA PUMP PARTS & SERVICE €www.ahbaparts.com Parts Quotation Customer: Indian River Sewage Treatment Plant Contact: Michael Loveday E -Mail: mloveday@ircgov.com Reference: West Regional (Vero Beach) Date: May 22/2018 Quote Number: I-ACAA-27031 ABBA Job #1 1 Customer Order# Order Date: Phone: 772-770-5045 Fax: Genuine ARBA Performance TM + Parts to Fit: Make: Allis Chalmers Serial #/Year: 01-0860-76254 (A,B,C,D,E,F,G,H) (2008) Model: NSYV 300 Size: 10X10X13.5 Power Frame* F8 -J1 Capacity: 2225 GPM Head: 14.5 Feet Speed: 875 RPM Imp Dia.: 11 Inches Rotation: CW"" When Viewed From Driver End Wear Rings: Yes Stuffing Box: Chesteron 150 Mechanical Seal Motor: HP: Frame: 286VP " Please Confirm When Placing Order Complete ABBA Replacement Rotating Assembly ACA1041/F8J. Includes, Impeller, Wear Ring, Empty Stuffing Box to suit 2.75" Chesterton 155 Single Cartridge Mechanical Seal, Complete Bearing Frame and all required hardware for complete assembly. All parts and components are in standard material and construction. Rotating Assembly will be a drop in replacement direcity bolting up to existing casing and all parts are Interchangable with existing & sister pumps. Price does not include; High Ring Motor Base, Casing, Suction Cover, Suction Elbow, Base, Motor or Motor Coupling. Reuse existing. 2 ADDER: 2.75" Chesterton 155 Single Seal - Carbon/Tungsten NOTE: AT TIME OF ORDER, PLEASE PROVIDE REQUIRED IMPELLER ROTATION (WHEN VIEWED FROM DRIVER END) Minimum order charge $95.00 Net Freight: Included Taxes: Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). $11,746.00 $2,950.00 Shipment: 6 - 8 Weeks Subject to change due to prior sale of Inventory Terms: Temis & Conditions as per APS -Schedule C, Rev, 3 09/01/96. A copy is available for download at www.abbaparts.com. Please contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black gory b@obbaoarts.com 5370 Munro Court -Burlington, Ontario, Canada - L7L 5N8 -Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 AD Replacement pumps, parts, & assemblies for major brand pumps used in Municipal water and wastewater applications, particularly Allis Chalmers & Fairbanks Morse American Welkwrk . Aurora . Chicago . CbvdYeomans . Cornell . Crane Deming . De Laval . Gorman Rupp . Goulds . Marlow. Mather & Pratt . Moms . Paw . Patlerson . Smem Tumer. Smith & Loveless . Wemco -Worthington (Flowserve IDP) NOTE ALL OEM NAMES. NUMBERS.SYMBOLS 8 DESCRIPTIONS ARE FOR REFERENCE PURPOSES ONLY. n IS NOT WUED THATANY PART USTED IS THE PRODUCT OF THE OEM AeaA PARTS& SERVICE IS NOT A DISTRIBUTOR OF, AGENT FOR NOR A RUATED MANY WAYWITH A REFERENCED OEM 161 Net Price QTY Part #/Name Material ABBA # OEM # (Each) Complete ABBA Replacement Rotating Assembly ACA1041/F8J. Includes, Impeller, Wear Ring, Empty Stuffing Box to suit 2.75" Chesterton 155 Single Cartridge Mechanical Seal, Complete Bearing Frame and all required hardware for complete assembly. All parts and components are in standard material and construction. Rotating Assembly will be a drop in replacement direcity bolting up to existing casing and all parts are Interchangable with existing & sister pumps. Price does not include; High Ring Motor Base, Casing, Suction Cover, Suction Elbow, Base, Motor or Motor Coupling. Reuse existing. 2 ADDER: 2.75" Chesterton 155 Single Seal - Carbon/Tungsten NOTE: AT TIME OF ORDER, PLEASE PROVIDE REQUIRED IMPELLER ROTATION (WHEN VIEWED FROM DRIVER END) Minimum order charge $95.00 Net Freight: Included Taxes: Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). $11,746.00 $2,950.00 Shipment: 6 - 8 Weeks Subject to change due to prior sale of Inventory Terms: Temis & Conditions as per APS -Schedule C, Rev, 3 09/01/96. A copy is available for download at www.abbaparts.com. Please contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black gory b@obbaoarts.com 5370 Munro Court -Burlington, Ontario, Canada - L7L 5N8 -Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 AD Replacement pumps, parts, & assemblies for major brand pumps used in Municipal water and wastewater applications, particularly Allis Chalmers & Fairbanks Morse American Welkwrk . Aurora . Chicago . CbvdYeomans . Cornell . Crane Deming . De Laval . Gorman Rupp . Goulds . Marlow. Mather & Pratt . Moms . Paw . Patlerson . Smem Tumer. Smith & Loveless . Wemco -Worthington (Flowserve IDP) NOTE ALL OEM NAMES. NUMBERS.SYMBOLS 8 DESCRIPTIONS ARE FOR REFERENCE PURPOSES ONLY. n IS NOT WUED THATANY PART USTED IS THE PRODUCT OF THE OEM AeaA PARTS& SERVICE IS NOT A DISTRIBUTOR OF, AGENT FOR NOR A RUATED MANY WAYWITH A REFERENCED OEM 161 Parts Quotation A' . � ABBA PUMP PARTS & SERVICE yrs:r �swww.abbaparts.com Customer: INDIAN RIVER COUNTY - WEST REGIONAL PLANT Contact: Mike Loveday E -Mail: mloveday@ircgov.com Reference: Make: Allis Chalmers Model: NSW 300 Capacity: 2225 Head: 14.5 Speed: 875 Imp Dia.: 11 Date: May 23/2018 Quote Number: I-ACAP-27031-1 ABBA Job #1 1 Customer Order# Order Date: Phone: 772-770-5045 Fax: - Genuine ABBA Performance TM + Parts to Fit: Serial #/Year. 01-0860-76254 (2008) Size: 10X10X13.5 Power Frame #: F8 -J GPM Rotation: CW When Viewed From Driver End Feet Wear Rings: Yes RPM Stuffing Box: Chesterton 155 Inches Motor: HP: Frame: *** Please Confirm When Placing Order Net Price QTY Part #/Name Material ABBA # OEM # I I (Each) 2 Suction Cover Cast Iron 2 Wear Ring (Suction Cover) 410 St. St. Minimum order charge $95.00 Net Freight: Included Taxes: Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). ACA -10033 -00781 -101 - ACA -10016-00000-502-_ $3,128.00 $330.00 Shipment: 4 - 6 Weeks Subject to change due to prior sale of inventory Terms: Terms & Conditions as per APS -Schedule C, Rev. 3 09/01196. A copy is available for download at www.abbaparts.com. Please contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black gory bJabbooarts.com 5370 Munro Court - Burlington, Ontario, Canada - L7L 5N8 - Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 AD Replacement pumps, parts, & assemblies for major brand pumps used In Municipal Water and wastewater applications, particularly Allis Chalmers & Fairbanks Morse American WelM.ork • Aurora • Chicago • ClovdYeomans • Comeil • Crane Deming . De Laval • Gorman Rupp • Goulds a Madow. Mather& Pratt • Morris • Paw . Patterson • smart Tuner. Smith & Loveless • Wemco *Worthington (Flowserve IDP) NOTE: ALL OEM NARES. NUMBERSSYMBOLS 6 DESCRIPTIONS ME FOR REFERENCE PURPOSES ONLY. IT IS NOT WLED THATANY PARTL D IS THE PRODUCT OF THE OEM. MBA PMTS 6 SERVICE IS NOT A DISTRIBUTOR OF. AGENT FOR, NOR AFFL ATEO IN ANYWAY WITH A REFERENCED OEM. 162 NEW PROJECT ACCOUNT NUMBER REQUEST INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES New Project Title: Purchase Return Activated Sludge Pump Rotating Assembly Description of Property: West Regional Wastewater Facility Utility Project Number Date of this Request: Upon receipt of this competed form, finance will assign and provide a WIP account number to you. Y /'N : N Will this be an Assessment Roll? Y / N : N Will any grant monies be expended for this project? Y/N : Y Is this an R & R project. ESTIMATED CONTRACT AMOUNT Major Contractor(s): ABBA Pumps Parts and Service $13,500.00 Major Engineer(s): Expenses: Total Expected Cost Expected Completion Date: Contact person for project: Rich Meckes For Finance 0n1y WIP Number: -7 ( Z� �(o % �'� q C1 ��j-?�o Assessment Roll Number: Date Assigned: $13,500.00 September 2018 163 PURCHASE ORDER REQUEST .$ ��' �:��'Cn:=-.= -e - Fn`'v-'_-" ` ^-".�'." - -.:.ivy.-_.5'�R,�'�r..:R�i&':rti�'S:. v��A.���,<=�,��,Su e,'i'sora-=s"er�� .�-_._._F��,��, �� ��,.,�,,r�„���..r_.�.�.�,P�..��,_�_..,��1.:_�,.�a�,.:w;,:n:_a;.:,�.�.< i�frt�i`�:�U'3;'..L�?. 4 y �ri• _ }� .-�""-.£`.�.' r'v`q:*f'.�P-%'�"- _ �'ro.`ed.:B. �s ��...��.,.pA,�..��..�._f�.,:Y�E����� _ - :,. '�3��f,5 `c ":. ice.. w^ .5;:.�.. _.�K� � �0 rce.S- -����;���;�_�,;.�����taff-Use>�� Request Date 6/1/2018 RDM Date ACN0814/F7D3 Account Number 47121836044699 $ Reg. No. 1 Name Address City/State/Zip Phone Number Fax Number Email address Vendor Information ABBA Pump Parts and Service Description of Items) & Intended Use The West Plant #1 Return Activated Sludge Pump need extensive repairs and is beyond econmical repair. This pump is vital and is needed to keep the facility in compliance. ' We are getting by with the other pump running but if another pump go's down we will be is a bad position. and could put the Facility in FDEP noncompliance r Quanity Item Number Description Unit Price Total 1 ACN0814/F7D3 Rotating Assembly $ 11,104.00 $ 11,104.00 1 ACN-04033-03951-101 Suction Cover $ 1,415.00 $ 1,415.00 1 ACA -10033-00781-101 Wear Plate Suction Cover $ 381.00 $ 381.00 Total 1$ 12,900.00 Freight/Shipping I $ 600.00 Ship To: a enng Facility T325 7415 ave SVV Vero Beach Fl 32968 wcc --k kqcr � � c o �►�` ��- 321 �� m ¢� ABBA PUMP PARTS & SERVICE 1,www.abbaparts.com Customer: INDIAN RIVER COUNTY Contact: Mike Loveday E -Mail: mloveday@ircgov.com Reference: Parts Quotation Date: June 12018 Quote Number: I-ACNA-27068 ABBA Job # Customer Order# Order Date: Phone: 772-770-5045 Fax: - Genuine ABBA Performance TM + Parts to Fit: Make: Allis Chalmers Serial #/Year: 76253A,B (2008) Model: NSW 150 Size: 8x8x14 Power Frame #: F7 -D3 Capacity: 1690 GPM Rotation: *** When Viewed Fran Odver End Head: 17 Feet Wear Rings: Yes Speed: 720 RPM Stuffing Box: Double Mechanical Seal Imp Dia.: 13.875" Inches Motor: HP: 10 Frame: *** Please Confirm When Placing Order Freight: Taxes: Complete ABBA Replacement Rotating Assembly Model ACN0814/F7D3 Includes; Imeller, Wear Ring Impeller, Stuffing Box with Type 21 Double Mechanical Seal (Carbon/Ni- Resist), Complete Bearing Frame and all required hardware to complete Rotating Assembly. All parts and components are in standard material and construction. Rotating Assembly Will be a drop in replacement directly bolting up to existing volute. Does not include; Volute, Suction Cover, Support Feet, Motor Coupling or Motor. Customer to reuse existing. NOTE: AT TIME OF ORDER, PLEASE CONFIRM IMPELLER ROTATION (VIEWED FROM DRIVER END) AND RPM. Extra Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). $11,104.00 Shipment: 6 - 8 Weeks (Possibly Sooner) Subject to change due to priorsate of Inventory Terms: Terms & Conditions as per APSSchedule C, Rev. 3 09/01196. A copy Ls available for download at httplAw .abbapans.eoMeonlactAo ms - conditions/. Please contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black 5370 Munro Court - Burlington, Ontario, Canada - L7L 6N8 - Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 Replacement pumps, pans, & assemblies for major brand pumps used in Municipal water and wastewater applications, particularly Allis Chalmers & Fairbanks Morse American Weltwork • Aurora . Chicago • Clow/Yeomans . Come9 . Crane Deming . De Laval . Gorman Rupp • Goulds • Marlow. Mather & Pratt • Moms • Paeo . Patterson . Small Tuner • Smith & Loveless • Wemco *Worthington (Flowserve IDP) NOTE: ALL OEM NAMES. NUMDERS.SYMaOLS & DESCRIPTIONS ME FOR REFERENCE PURPOSES ONLY. IT IS NOT IMPLIED THATANY PMT LISTED IS THE PRODUCT OF THE OEM. MRA PMTS & SERVICE IS NOTA DLSTRBUTOR OF, AGENT FOR NOR AFFILIATED IN ANY WAY Wm/ A REFERENCED OEM 165 Net Price QTY Part #/Name Material ABBA # OEM # (Each) Freight: Taxes: Complete ABBA Replacement Rotating Assembly Model ACN0814/F7D3 Includes; Imeller, Wear Ring Impeller, Stuffing Box with Type 21 Double Mechanical Seal (Carbon/Ni- Resist), Complete Bearing Frame and all required hardware to complete Rotating Assembly. All parts and components are in standard material and construction. Rotating Assembly Will be a drop in replacement directly bolting up to existing volute. Does not include; Volute, Suction Cover, Support Feet, Motor Coupling or Motor. Customer to reuse existing. NOTE: AT TIME OF ORDER, PLEASE CONFIRM IMPELLER ROTATION (VIEWED FROM DRIVER END) AND RPM. Extra Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). $11,104.00 Shipment: 6 - 8 Weeks (Possibly Sooner) Subject to change due to priorsate of Inventory Terms: Terms & Conditions as per APSSchedule C, Rev. 3 09/01196. A copy Ls available for download at httplAw .abbapans.eoMeonlactAo ms - conditions/. Please contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black 5370 Munro Court - Burlington, Ontario, Canada - L7L 6N8 - Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 Replacement pumps, pans, & assemblies for major brand pumps used in Municipal water and wastewater applications, particularly Allis Chalmers & Fairbanks Morse American Weltwork • Aurora . Chicago • Clow/Yeomans . Come9 . Crane Deming . De Laval . Gorman Rupp • Goulds • Marlow. Mather & Pratt • Moms • Paeo . Patterson . Small Tuner • Smith & Loveless • Wemco *Worthington (Flowserve IDP) NOTE: ALL OEM NAMES. NUMDERS.SYMaOLS & DESCRIPTIONS ME FOR REFERENCE PURPOSES ONLY. IT IS NOT IMPLIED THATANY PMT LISTED IS THE PRODUCT OF THE OEM. MRA PMTS & SERVICE IS NOTA DLSTRBUTOR OF, AGENT FOR NOR AFFILIATED IN ANY WAY Wm/ A REFERENCED OEM 165 ,� •;_ �,x ABBA PUMP PARTS &SERVICE ,,.. ':..abbaparts.com Customer: INDIAN RIVER COUNTY Contact: Mike Loveday E -Mail: mloveday@ircgov.com Reference: Parts Quotation Date: June 12018 Quote Number: I -ACNP -27068-1 ABBA Job # Customer Order# Order Date: Phone: 772-770-5045 Fax: - Genuine ABBA Performancesm + Parts to Fit: Make: Allis Chalmers Serial #/Year: 76253A,B (2008) Model: NSW 150 Size: 8x8x14 Power Frame #: F7 -D3 Capacity: 1690 GPM Head: 17 Feet Speed: 720 RPM Imp Dia.: 13.875" Inches Rotation: *— When Viewed From Driver End Wear Rings: Yes Stuffing Box: Double Mechanical Seal Motor: HP: 10 Frame: I Please Confirm When Placing Order 1 Suction Cover Cast Iron ACN-04033-03951-101- 1 Wear Plate, Suction Cover 410 St.St. Freight: Taxes: Extra Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). ACN-04016-00000-502-_ $1,415.00 $381.00 Shipment: 4 - 6 Weeks (Possibly Sooner) Subject to change due to prior sale of inventory Terms: Terms & Conditions as per APS -Schedule C, Rev. 3 09/01/96. ACopy is Net Price QTY Part#/Name Material ABBA# OEM# FOB: (Each) 1 Suction Cover Cast Iron ACN-04033-03951-101- 1 Wear Plate, Suction Cover 410 St.St. Freight: Taxes: Extra Extra if Applicable Price Valid For 30 Days Payment Terms: Net 30 Days (O.A.C.). ACN-04016-00000-502-_ $1,415.00 $381.00 Shipment: 4 - 6 Weeks (Possibly Sooner) Subject to change due to prior sale of inventory Terms: Terms & Conditions as per APS -Schedule C, Rev. 3 09/01/96. ACopy is available for dovmload at hdp•Jhvww.abbaparts.wnVoontacUterms- conditions/. Please Contact our office to have a copy of our terms and conditions sent to you. FOB: Burlington, ON, Canada Quoted by: Gary Black gory b@abbaparis.com MW 5370 Munro Court - Burlington, Ontario, Canada • L7L 6N8 - Tel: 905.333.2720 1.800.268.5142 Fax: 905.333.0973 Replacement pumps, parts, & assemblies for major brand pumps used In Municipal water and Wastewater applications, particularly Ares Chalmers & Fairbanks Morse American Welhvork . Aurora • Chicago • ClovVYecmans • Carrell • Crane Deming • De Laval . Gorman Rupp • Goulds • Marlow • Mather & Pratt • Monis • Paco • Patterson . Smart Turner • Smith & Loveless • Wemco *Worthington (Flomerve IDP) NOTE: ALL OEM NAMES, NUMBERS.SYMBOLS d DESCRIPTIONS ARE FOR REFERENCE PURPOSES ONLY, RIS NOT IMPLIED MAT ANY PAATLISTED IS THE PRODUCT OF THE OEM. ASBA PARTS 6 SERVICE IS NOTA DISTRIBUTOR OF. AGENTFOR. NOR AFFILIATED WANY WAY W ml A REFERENCED OEM 166 ��NpUMP PgA,str,., 4 PUMP PARTS & SERVICE Div. of Dracay Management Inc. June 13, 2018 Mr. Michael Loveday Indian River County Utilities 8405 8' Street Vero Beach, FL 32968 Subject: Sole Source Letter for ABBA Pump Parts ABBA quotes: 27031, 27031-1, 27068 and 27068-1 This letter confirms that ABBA Pump Parts & Service is the Sole Supplier of the parts and assemblies quoted in the above quotations. The ABBA quotations covered by this letter are: • 27031— ACAA —10 x 10 x 13.5 Parts • 27031-1 ACAA— 10 x 10 x 13.5 Parts • 27068 — ACAA - 8 x 8 x 14 Parts • 27068-1 ACAA — 8 x 8 x 14 Parts The items in 27031 and 27031-1 are identical to the items previously supplied on Indian River County Utilities PO 80419-00 from February 20, 2018. This was ABBA project 18254. Please direct all inquiries and orders to the contact as listed below: Gary Black ABBA Pump Parts & Service 5370-Munro.Court Burlington, ON L7L 5N8 Email: gary—li@abbaparts.com Website: www.abbaparts.com Should you have any further questions, please do not hesitate to contact us. Regards, Gary Black SE Regional Sales Manager ABBA Parts & Service, 5370 Munro Court Burlington Ontario Canada 1-71-5N8 Tel: 905-333-2720, 1-800-268-5142 Fax: 905-333-0973 Email: info@abbaparts.com www.abbaparts Indian River County Utilities Board of County Commission Meeting Agenda Item 12.G.3 July 3, 2018 Reverse Osmosis (RO) Treatment 7/3/2018 Ia.c,?. Ila H 17 -19 II Timeline • July 12, 2016 - Award of Bid No. 2016031 to All Webbs Enterprises (AWE) for: ✓Rehabilitation of Existing Wells S-3, S-4, S-5, S-6 ✓Installation of new Well S-7 Cost: $1,477,360.00 • April 04, 2017 - Change Order No. I for Well S -4R Cost: $1,051,783.57 • Raw Well Status ✓Well 7: Complete and Operational ✓Well 4: In progress. Estimated completion: August 25, 2018 ✓Next: Rehabilitation work decision 7/3/2018 I ��J- 2 Performance Pumping Rate Trends 1600 - - - 1400 — -*-- -- — --- 1200 a� 1000 800 - - - - - -- - c 600 -- - - E 400 — — - a 200 - - - -- - 1 0 - -- - - -- - - - S-1 S-2 S-3 S -S° S-6 Well # ■ 2005 CDM 132013 KHA/1LA ■ 2017 KHA/JlA + *S -S SCADA data. To be updated. , h �.- 1Wpurtp wot©r fp ort ae -.� Ngp M rPumP,.face 5`r y,2 �rnt �=neMu�e� I IjmeOne 'roper i t� to �'reC - -` 9@Oteq Qguf(ee 1' Y1 , 7/3/2018 )0, 3 7/3/2018 K� Pumps Well S -4R: C�"V Better Water ✓ 1300 umhos/cm vs. j� 1800 umhos/cm • Higher Specific Capacity ��o ✓ 10x well 3 ✓ Less operating cost lb� 4 z/51, i Surface f�•n�s Surfldal Well »"'""""" � �'� weesia n Surfidal Aquifer System »Stnk}iole Floridan Well — :ai..n z e -1 +- ..-.. �.aa_ Upper Floridan -Aquifer -+• .fit.. :f-.�-"" _r•�-_ � .�+; ..s_...;.Z-.,. ,.y Well S -4R: C�"V Better Water ✓ 1300 umhos/cm vs. j� 1800 umhos/cm • Higher Specific Capacity ��o ✓ 10x well 3 ✓ Less operating cost lb� 4 -1 Well S -4R: C�"V Better Water ✓ 1300 umhos/cm vs. j� 1800 umhos/cm • Higher Specific Capacity ��o ✓ 10x well 3 ✓ Less operating cost lb� 4 7/3/2018 [ Well I.D. 2000 Predrill CDM 2005 KHA 2007 KHA 2013 IRCWUD 2013 2018 GPM GPMjvr GPM/ft GPM GPMjFf GPM GPM(FT GPM GPM/FT GPM GPM/fT Sl 41 1120 17.0 1031 — 1092 41.6 1100 31.1 1,092 41.9 � 48 1250 21.5 1165 17.3 794 19.2 920 20.0 9, 3 21 1447 35.9 1270 23.7 976 -- 990 27.6 54 - 1204 16.4 1270 — 830 12.1 880 13.9 - - 54R 1,406 132:9 60 30 1223 23.7 1000 16.9 1041 — 1040 16.5 L04ij KU 58 1420 22.4 1180 34.6 1306 -- 1060 15.5 X306 9. S7 N/A 0 . . . . . . . 51 S2 53 1,420 81.1 AVERAGE TOTAL GPM TOTAL MGD 1277 ■ 2005 ■ 2007 1153 1007 998 7664 6916 6039 5990 11.04 10.00 8.70 8.63 1170815, R.EFIAB RECENT COMPETED G7. 5 SPECIFIC CAPACITY SOUTH RO PLANT WELLS 140 -- -- -- 120 - - F 100 - a. V 60 ca v 40 20 1 111tiA 0 . . . . . . . 51 S2 53 SS S6 S4 S7 ■ 2005 ■ 2007 ■ 2013 112017 G7. 5 7/3/2018 Options • Rehabilitate only Previously approved by BCC $551,379.00 ✓Marginal increase in pumping rate without any potential improvement in water quality • Deepen Wells Additional $636,036.00 KHA Work Order 3 $ 84,876.00 AWE Change order 2 $551,160.00 ✓Deepen existing wells with potential for increased water quality and quantity, which equates to lower operational costs and increased membrane life ✓Some caveats with existing casing condition and well work required to deepen • Re -Advertise: Not recommended since well contractor is adhering to initial bid prices from 2016. This process could lead to unnecessary delays and potential cost increase due to current market. Pumps FIhVff Surface f ^4 Surflclal Well AffC5i8n _ r�._.i, jay �••.., Well Sufidal Aquifer system Sinldiole : iy Floridan iT. Pe Upr .:-�ti,.,,.� : �:iaa_ <.+.�• � r. - -Yaµ- yT:`Y'•;••'`^ , ., 'r_.. '�'r a as;., semf-conflning ;�;,;,•i�:��.x:•::r „mow,:; eehatge- '".�.- ....-• tea.=a�:s:a-�,..�:. .'.�: .. :: - ... •i-"= rea,'..-`. a tii.7 ?aa "iv -..:.4 �w:aix• a» :a �_ai-..�Y =:ate =za.a :a:.• :a�.; :sw-.: �i :,:=-=:�z.�.:,.;c• ='•a, - :....=`= i.::^.-ry-....aa•,ro: a :.,rsaa��::aw.^r.a�•.-.= .�...: k+.�_].:•�i'-•.h -.•-- :r•= ;,.;�.2.�___.:�.� _�--� ..::.y;:-:- ...�..,, "f=�.mes'tone - " 'i.�..:�w��.^�:7.`�.-:^A�..E-.S. S".i�':.>.� .SY.= �:2': -.._Z h:.�.-,S �...-....Z..�.'� Upper d. A. v-..^r-r...�•-w`w.-w-w ,.-..r.: -.:-.-,:-w--�--„� ..-r-�-,.,'". -..-.- :+--.,�--'nr �- - V -.-«-..-..- -.-_-.-r-.r-.«-,u-- t-,w�.....:a +eK��...:..-d....-+--s rt•:,e-.ya-.M:,�a +,k...r. •J.',�a .y. .F..salt-llfatef.,n_�.'-i-;TS*':.w-..F n ,t•�-i.--.+-fir �.c..:,. M..i.�_Y'-"'.'+r�«...s--�'. Options • Rehabilitate only Previously approved by BCC $551,379.00 ✓Marginal increase in pumping rate without any potential improvement in water quality • Deepen Wells Additional $636,036.00 KHA Work Order 3 $ 84,876.00 AWE Change order 2 $551,160.00 ✓Deepen existing wells with potential for increased water quality and quantity, which equates to lower operational costs and increased membrane life ✓Some caveats with existing casing condition and well work required to deepen • Re -Advertise: Not recommended since well contractor is adhering to initial bid prices from 2016. This process could lead to unnecessary delays and potential cost increase due to current market. Recommendations 1. Approve Work Order No. 3 authorizing the professional services and request the Board of County Commissioners (BCC) to authorize the Chairman to execute Kimley-Horn & Associates Work Order No. 3 on their behalf for a lump sum amount of $84,876.00. 2. Approve Change Order No. 2 to All Webbs Enterprises, Inc., to deepen existing wells S-2, S-3, S-5 and S-6, and request the BCC to authorize the Chairman to execute change Order No. 2 on their behalf for a sum amount of $551,160.00. 7/3/2018 FORM Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 25, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Well Deepening at South County Reverse Osmosis (SCRO) Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates seven (7) Floridan supply wells that are the raw water supply and source water for the SCRO water treatment facility located on Oslo Road. These wells, designated S-1 through S-7, are the lifeblood of the treatment facility, and maintaining efficient operation of these well fields is critical to the sustainability of the water system. On July 12, 2016, the Indian River County Board of County Commissioners (BCC) approved the award of Bid No. 2016031 to All Webbs Enterprises, Inc., to rehabilitate existing wells' S-3, S-4, S-5 and S-6 to restore capacity and reliability of the raw water supply wells to the water treatment plant and to construct a new well S-7, for a total sum amount $1,477,360.00. During the initial phases of rehabilitation of well S-4, it became apparent that the existing PVC casing was damaged significantly to the extent of not being salvageable. Therefore, the BCC approved Change Order No. 1 in the amount of $1,051,783.57 for a new well S-411. This included the demolition of the old well head, abandonment of well S-4, fiber optic interconnectivity upgrades and a new standby generator. During the drilling and construction of the new well S-7 and replacement well S - 4R, it was discovered that enhanced well performance and potential for improved water quality can be achieved through deepening of the existing wells. The specific capacity (gpm/ft) of well S-411 was improved 10 -fold over the existing and abandoned well S-4 by drilling the new well S-411 deeper by more than 120 ft. This will improve water quality and well performance, which will result in lower operating cost (approximately $0.028 per 1 Kgal) since pumping energy is less and the membrane feed pressures will be lower. The county's consultant has recommended (Attachment 1 - letter from Kimley-Horn & Associates (KHA)) utilizing the same contractor to perform this work after review of the submitted proposal. Staff agrees with KHA's recommendation to utilize the current contractor based on the satisfactory results on well S-7 and S-411 timing and pricing, which is consistent with the original bid numbers. The other options available to the county are as follows: Option cost Advantage/Disadvantage Rehab Only per current $551,379.00 Marginal increase in pumping rate, specific capacity without contract (S-3, S-5 & S-6) any real potential for improved water quality. Deepen wells' S-2, S-3, $551,160.00 If the results are similar to S-7 & S-411, then we may be able to S-5 & S-6 using the obtain a 10 -fold increase in pumping rate, specific capacity and current Contractor water quality. This will'result in lower operating cost. Advertise the deepening Unknown. Most This will unnecessarily delay the needed work, add additional of wells' S-2, S-3, S-5 likely given current effort and cost to re -advertise and in doing so, there is no and S-6 through a market conditions guarantee that prices will be lower. Therefore, staff would not separate procurement and pricing, unit recommend the rebid option process. cost will be higher 168 ANALYSIS: In order to move forward with the deepening of wells' S-2, S-3, S-5 and S-6, staff has requested KHA to submit a proposal under the Continuing Engineering Services Contract Agreement for Professional Services dated April 17, 2018. KHA's and JLA Geosciences expertise in the field of hydrogeology performance testing is needed during the deepening of each well. The scope is more specifically described in the attached Work Order No. 3. The total negotiated cost for the Floridan Well Deepening and Performance Improvement in Work Order No. 3 is a lump sum amount of $84,876.00 separated into three (3) tasks. The contractor, All Webbs Enterprises, Inc., also submitted a price proposal along with Change Order No. 2 for deepening wells' S-2, S-3, S-5 and S-6. Change Order No.2 has been submitted for a total increase in price of $551,160.00. Therefore, the new total for All Webbs Enterprises, Inc. is $3,080,303.57. FUNDING: Funding for both construction in the amount of $551,160 and construction engineering inspection/testing in the amount of $84,876, for a total of $636,036, is available in the SCRO Rehab wells account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. It is expected that only $381,621.60 will be expended by September 30, 2018. Description Account Number Amount SCRO Rehab Wells FY 17/18 471-23536-044699-15518 $381,621.60 SCRO Rehab Wells FY 18/19 471-23536-044699-15518 $254,414.40 RECOMMENDATION: Staff recommends approval of the following: 1. Work Order No. 3 authorizing the professional services and requests the Board of County Commissioners (BCC) to authorize the Chairman to execute Work Order No. 3 on their behalf for a lump sum amount of $84,876.00 to Kimley-Horn and Associates. 2. Change Order No. 2 authorizing the deepening of wells' S-2, S-3, S-5 and S-6 and requests the BCC to authorize the Chairman to execute Change Order No. 2 on their behalf for a sum amount of $551,160.00 to All Webbs Enterprises, Inc. ATTACHMENT(s): 1. Letter from Engineer of Record (Kimley-Horn & Associates) (5 Pages) 2. Work Order No. 3 and supporting documents (6 Pages) 3. Change Order No. 2 and supporting documents (2 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@88200O3A\@BCL@88200O3A.docx 169 June 27, 2018 Mr. Arjuna Weragoda, P.E. Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 RE: South County Water Treatment Plant Deepening of Existing South Plant Wells Bid/Contract No. 2016031— All Webbs Enterprises, Inc. KHA Project No. 044572039 Dear Mr. Weragoda, As you are aware, the construction of the replacement well S -4R has identified improved water quality and well performance deeper in the Floridan aquifer, significant enough to warrant deepening of the other wells which are currently cased shallower. Therefore, a request for pricing from the well contractor, All Webbs Enterprises, Inc (AWE), was submitted to include deepening of the wells which were already slated for rehabilitation. The attached pricing was provided by AWE for the additional deepening of 3 or 4 wells, (S-2, S- 3, S-5, or/and S-6). A summary of the following costs are provided as follows: Rehabilitation (base bid) — 3 wells: $551,380 ($594,800 - $43,421 (S-4 Credit)) 1) Deepen 3 rebab'd wells (2,3,5): $365,463 2) Deepen $ rehab 4 wells (rehab'd + S-6): $551,160 TOTAL to deepen & Rehab 1) $ 916,843 $305,614/well (3 wells) 2) $1,102,540 $275,635 /well (4 wells) Based on these costs, it is more cost effective to deepen 4 wells than just 3, most likely due to economies of scale and the ability to continue using the rates AWE provided in 2016. Our recommendation is to issue a change order for the 4 wells, since the cost per well is less and saves approximately $119,916 overall. Additionally, attached is a matrix (Exhibit A) which captures the scopes related to South Oslo wellfield which is related to and an important element to upgrade the whole system. It also includes associated operating cost savings for some of the improvements with a return on investment (ROI) approximation. With these proposed well deepening improvements, it can be expected to reduce operating costs of up to $36,000 per year, resulting in a ROI of approximately 15 years. 170 To date, AWE is more than 3 months behind, so their proposed December 2018 completion date includes some of this lateness. AWE has confirmed they plan on meeting the Dec 2018 substantial completion date. The total contract for AWE would result in: Base Contract: $1,477,360 CO#1 (S-4): $1,051,783 Deepen CO#2: $ 551,160 TOTAL CONTRACT: $3,080,303 Based on our review of the pricing and the inevitable operating costs savings that IRCU will experience, our recommendation is to deepen all four (4) wells that are slated to be rehabilitated. A copy of the draft change order #2 is attached as well, which includes the final costs and contract time adjustments. Let us know if additional information is needed. Please do not hesitate to contact me at (561) 845-0665 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Mark D. Miller, P.E. Vice President Attachment: AWE Proposals Change Order #2 Exhibit A CC: Vince Burke, P.E., Utilities Director 171 South Oslo Road Wellfield & Plant Improvements Benefit Operating Capital Capital Capital Cost Operating Cost Item Cost Cost Cost $avings/year Savings/1000 # Project/Task Description Priori ry1 Priority 2 Priority3 gal ROI Period [yr] Comment " WELLS. i Improve water quality AND well yleld/performance,•re_duces membrane 1 Deepen 4 wells S-2;3;5,6 1 $551,160 :$ 36;100 $ 0.028' 15.3 operating ressuresiW4%vell" um in"'re ulremerifs Replace Well S/S with VFD's - 2 additional Cost savings include energy savings from increased pump efficiency and reduced 2 (5.4, S-7 already done) $170,399 $ 54,079 $ 0.037 3.2 head loss without throttlin valve Implement to each we , inc u mg s on wells(Priority s 3 Implement F.O. to wells, CP replace $271,000 301,500 $ 54,079 $ 0.037 5.0 (VFD's only) on 5.5 & 5.6 (Priority 2) and replace control panels ' Engineering, permitting not included Assumptions: 1 1000 mg/l. of TOS equates to 10 psi plant pressure 2 Power cost of $0.10 per kWh 3 Savings calculated for 4 MGO ADF i 4 Rehab'd well specific capacities 75 gpf/ft 172 Cost Proposal for Indian River County South WTP Including Deepening of Wells S-311, S-5, S-6 Item I Description UOM Unit Rate Qty. Total 1 Additional Bonds and Insurance for Deepening Work (4 Wells) LS $22,500 1 $22,500 2 S-6 Drilling Rig Mobilization and Demobilization including Electrical LS $99,214 1 $99,214 3 S-3 Drilling Rig Mobilization and Demobilization including Electrical LS $69,575 1 $69,575 4 S-5 Drilling Rig Mobilization and Demobilization including Electrical LS $73,214 1 $73,214 12 Conduct Step Drawdown Test (3 Wells) EA $3,000 3 $9,000 15 Perform Site Restoration ( Crushed Concrete Temporary Pad Removal) EA $8,500 4 $34,000 16 Drill Nominal 15 -inch Borehole (Each Well to 850 ft, Total 3 Wells, S -3R 179 ft; S-5 128 ft, S- 6 176 ft) FT $110 486 $53,460 18 Additional Bacteria logica I Sampling and Analysis. (10 Additional Samples per Well) EA $1501 30 $4,500 TOTAL $365,463 Additonal Contract Time: 180 Calendar Days (60 Days Per Well) Estimated Completion Date: December 18, 2018 (Start date: June 18th, 2018) 173 I Cost Proposal for Indian River County South WTP Including Deepening of Wells S-2, S-311, S-5, S-6 and Acid I Treatment of Well S-2 Item Description UOM Unit Rate qty- Total 1 Additional Bonds and Insurance for Deepening Work (4 Wells) LS $22,500 1 $22,500 2 S-6 Drilling Rig Mobilization and Demobilization including Electrical LS $99,214 1 $99,214 3 S-3 Drilling Rig Mobilization and Demobilization including Electrical LS $69,575 1 $69,575 4 S-5 Drilling Rig Mobilization and Demobilization including Electrical LS $73,214 1 $73,214 5 S-2 Drilling Rig Mobilization and Demobilization including Electrical LS 1 $70,507 1 $70,507 6 lComplete Removal and Re -installation of Pump Discharge Apparatus with Disinfection (S-2) EA $15,000 1 $15,000 7 Geophysical Logging (Complete Set) (S-2) EA $8,500 1 $8,500 8 Perform Complete Video Log (Initial) (S-2) EA $3,500 1 $3,500 9 Complete Setup and Removal for Acidization Including Removal of Spent Acid (S-2) EA $7,900 1 $7,900 10 Well Acidization (S-2) EA $4.50 4,000 $18,000 11 113ump Develop Well (S-2) HR $250 60 $15,000 12 Conduct Step Drawdown Test (4 Wells) EA $3,000 4 $12,000 13 Perform Complete Video Log (Final) (S-2) EA $2,000 1 $2,000 14 Formation Water Disposal (S-2) EA 1 .$10,000 1 $10,000 15 Perform Site Restoration ( Crushed Concrete Temporary Pad Removal) EA $8,500 4 $34,000 16 lDrill Nominal 15 -inch Borehole (Each Well to 850 ft, Total 4 Wells) FT $110 595 $65,450 17 Well Maintenance Contingency Allowance (S-2) EA $20,000 1 $20,000 18 Additional Bacterialogical Sampling and Analysis (8 Additional Samples per Well) EA $150 32 $4,800 TOTAL $551,160 Additonal Contract Time: 380 Calendar Days Estimated Completion Date: December 18, 2018 174 CCNA2018 WORK ORDER 3 FLORIDAN WELL DEEPENING AND PERFORMANCE IMPROVEMENT This Work Order Number _3_ is entered into as of this _ day of , 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimlev-Horn and Associates, Inc.. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimley-Horn By: Print Name: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan , Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 175 EXHIBIT A Work Order Number 3 Indian River County Department of Utility Services South Oslo Rd Water Plant Floridan Well Deepening and Performance Improvement PROJECT UNDERSTANDING Indian River County Utilities (IRCU) owns and operates six (6) Floridan supply wells which are the raw water supply and source water for the South Oslo Rd water treatment facility. During drilling and construction of the new wells S-7 and replacement well S -4R, it was discovered that enhanced well performance and potential for improved water quality can be achieved through deepening of the existing wells. The specific capacity (gpm/ft) of well S -4R was improved 10 -fold over the existing and abandoned well S-4 by drilling, the new well S4R deeper by more than 120 ft. Therefore, it is recommended to consider deepening the existing wells while the contractor is on-site and incorporate additional drilling into their rehabilitation scope while the contractor is still mobilized. Improved water quality and well performance result in lower operating costs since the pumping energy is less and the membrane feed -pressures are lower with better water quality. The project will consist of deepening the borehole of wells' S-2, S-3, S-5 and S-6: • Mobilization of a larger rig • Removal & restoration of electrical gear. • Specific capacity pump testing • Drilling a 15 -inch borehole • Acidizing and developing well • Restoration of site and wellhead The following scope consists of additional oversight during drilling, and coordination to the existing work order with IRCU. The well contractor, All Webbs Enterprises, Inc. - - (AWE) is already onsite and mobilized. _ -- - - - - - SCOPE OF WORK TASK 1- PROJECT MANAGEMENT Consultant will review schedule prepared by the contractor, provide coordination with IRCU operations and subconsultant, JLA Geosciences, Inc., and provide oversight of the well deepening procedures and activities by AWE. KAWPB_Civil\044572039 - SCRO Well S-4 ReplacemenADeepeningURCU Floridan Well Deepening Scope - IRCU 6.11.18.docxPage I M Consultant will assist with the processing of the change order to deepen each of the existing wells, as well as provide supporting information and technical evaluation into the merits of deepening these wells. Consultant will respond to contractor questions, and provide written responses for IRC to process for the work prepared by KHA. Consult will review change order proposal from contractor and provide review summary and recommendation to IRCU. TASK 2 - UFA WELL DEEPENING & CONSTRUCTION PHASE SERVICES Consultant will prepare guidelines for the deepening of four (4) Floridan aquifer production wells located in the South -Oslo Road Wellfield, which is in addition to the existing rehabilitation scope to be performed by AWE. Consultant will provide scope coordination and answer questions by the existing contractor. Consultant will provide construction phase services including hydrogeological services, performance testing of each well, and preparation of a supporting well completion report for wells #S-2, S-3, S-5, and S-6 Floridan Aquifer wells. Consultant will utilize subconsultant services of JLA Geosciences, Inc. for the Hydrogeologic Consulting Services (JLA). Consultant will provide hydrogeological support and observation services during Upper Floridan Aquifer well deepening, including pilot hole drilling and reaming, geophysical logging, completion interval drilling and associated testing, preliminary well development, acid treatment, pump development and testing, post rehabilitation development testing and specific capacity testing; and witness post- rehabilitation videos. Consultant will also provide well performance testing, including water level measurements, specific capacity analysis, and basic water quality testing (conductivity, chlorides, silt density indices -SDI's and sand testing). Consultant will provide up to 280 hours of on-site hydrogeological services (JLA) for well deepening. Consultant will review completion interval drilling and testing data and review acid treatment and testing plans. Consultant will review pump test results and provide recommendations for permanent pump setting depth and recommended in service pumping rate. It is assumed that the existing pumps will be re -installed in the existing wells. _ - -- --- - - -- Consultant will coordinate water quality testing, which includes additional water quality data for membrane projections. It is assumed no FDEP permit will be required. Consultant will provide additional wellsite review pre- and post- deepening and -rehabilitation since contractor must remove the existing wellhead equipment to allow an alternate deepening rig on-site. K:\WPB_Civil\044572039 - SCRO Well S4 Replacement\Deepening\IRCU Floridan Well Deepening Scope - IRCU 6.11.18.docxPage 2 M Consultant will attend meetings and make onsite site visits for each of the four (4) existing wells to be deepened; provide coordination during construction, review of individual well geophysical and video logging,, review contractor's submittals including acid treatment plan, onsite hydrogeologic observation during critical elements of deepening, well logging. Consultant will prepare four (4) copies of a hydrogeologic technical memorandum for rehabilitation of each well summarizing the results of these modifications. KHA will prepare a well completion report for the deepened wells #2, 3, 5 and 6, including a summary of the lithologic logs, field logs, hydrologic and water quality data, and preparation of figures, data, lithogic logs, and appropriate attachments. It is anticipated that the additional construction phase that will be added will be up to 380 calendar days from notice to proceed with the deepening scope to final completion. The re -installation of the well pump, column piping, and electrical service for the deepened wells is assumed to be included under the drilling: and rehabilitation phase. Consultant will attend up to four (4) onsite progress meetings to discuss progress, review construction related issues, and provide coordination where needed. It is assumed that NO FDEP permitting will be required since the size of the well casing, and capacity of the wellpump will not change. The Contractor will provide the SJRWMD well construction and well completion reports. TASK 3 - SUMMARY TECHNICAL REPORT Consultant will prepare a summary technical report for the deepening of four (4) Floridan aquifer production wells, and submit DRAFT versions to IRCU staff for review. Consultant will submit final copies to IRCU and include comments from IRCU staff. SCHEDULE In general, the schedule will coincide with the Contractor's (AWE) schedule and consultant will work expeditiously to meet it: Task 1, 2 Construction Observation 380 days from AWE Completion Date Task 3 Prepare Tech Memo 6 - 8 weeks after Contractor Substantial completion FEESCHEDULE KAWPB_Civil\044572039 - SCRO Well S-4 Replacement\Deepening\IRCU Floridan Well Deepening Scope - IRCU 6.11.18.docxPage 3 f18 We will provide these services in accordance with the Continuing Consulting Engineering Services Contract Agreement for Professional Services with Kimley-Horn and Associates dated April 17th, 2018. The Consultant will provide professional services for Task 1 through Task 3 on a lump sum fee basis of $84,876 as follows: Task No. Task Fee TASK 1 PROJECT MANAGEMENT $18,295 TASK 2 WELL DEEPENING CONSTRUCTION PHASE $ 55,118 TASK 3 SUMMARY TECH MEMO $11,463 TOTAL $ 84,876 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Mechanical Design of pumps or wellheads • Preparation of wellfield operating plans • Permitting support other than FDEP certification of completion ITEMS FURNISHED BY OWNER The following items will be furnished by the Owner and are necessary for completion of the tasks described herein. • None K:\WPB_Civil\044572039 - SCRO Well S-4 Replacement\Dcepening\IRCU Floridan Well Deepening Scope - IRCU 6.11.18.docxPage 41119 EXHIBIT B - FEE SCHEDULE 8 -Jan -18 PROJECT: IRCU WELLFIELD DEEPENING SHEET 1 OF 1 CLIENT: Indian River County Utilities FILE NO. ESTIMATOR: MDM i DATE: 6/11/18 DESCRIPTION: PRINC DIRECT LABOR REG I SEN PROF PROF TH/FH ( MAN-HOURS ) DES/ CLK P2 PI EXP SUB I Dir Exp LINE TOTAL NO. TASK 1 PROJECT MANAGEMENT Review data, questions,coordination 2 8 16 4 $1711 $3,885 Coordinate change order for deepening scope 4 6 8 8 $157 $3,565 Attend progress meetings (4) 16 24 2 500 $290 $7,102 SUB - JLA 3,403 $340 $3,743 2 UFA Well Rehabilitation Construction Services Initial site meetings 8 12 8 500 $201 $5,069 SUB -JLA $50,049 $0 $50,049 3 SUMMARY TECH MEMO Finalize and submit report fo,r deepening - append to rehab reports 6 12 4 $163 $3,697 SUB -JLA $7,060 $706 $7,766 TOTAL HOURS 0 361 381 481 26 $61,512 $2,029 $84,876 LABOR ($/HOUR) 235 2251 1501 1051 961 1 $0 $0 SUBTOTAL 01 81001 57001 50401 2496 0 $21.3361 $o $18,295 $55,118 $11,463 $84,876 180 CHANGE ORDER No. 2 PROJECT: South County Water Treatment Plant Well No. 7 Well, Wellhead, Appurtenances and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project DATE OF ISSUANCE June 25, 2018 EFFECTIVE DATE July 3, 2018 OWNER Indian River County. OWNER's Contract No. 2016-031 Project No. CONTRACTOR All Webbs Enterprises, Inc. ENGINEER Kimley-Horn and Associates You are directed to make the following changes in the Contract Documents: Description: Deepening existing wells S-2, S-3, S-5, and S-6. Reason for change order: Improve overall raw water quality and well performance, which results in overall reduction in operating costs of treatment plant. Attachments: (list documents supporting changel CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 1,477,360.00 Substantial Completion: 180 Ready for final payment: 240 Days or dates Net changes from previous Change Orders Net change from previous Change Orders No. 1 to No.2 No.1 to No.2 $ 1,051,783.57 250 days Contract Price prior to this Change Order Contract Time prior to this Change Order $ 2,529,143.57 Substantial Completion: 430 Ready for final payment: 490 Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order $ 551,160.00 380 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 3,080303.57 Substantial Completion: - -- - 810 - ---- Ready for final payment: 870 Days or dates RECOMMENDED: Engineer (Authorized Signature) Mark D. Miller, Ki ley corn and Associates Date: 1=S APPROVED: By: Owner (Authorized Signature) Date: ACCEPTED: By: r:a . 1 Ja Contractor (Authorized Signature) Dave Webb, Jr. All Webbs, Inc. Date: 4 (_ZS EICDC No. C-700 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America 181 rAk) ALL WEBBS Cost Proposal for Indian River County South WTP Including Deepening of Wells S-2, S-311, S-5, S-6 and Acid Treatment of Well S-2 Item Description UOM Unit Rate Qty. Total 1 Additional Bonds and Insurance for Deepening Work (4 Wells) LS $22,500 1 $22,500 2 S-6 Drilling Rig Mobilization and Demobilization including Electrical LS $99,214 1 $99,214 3 S-3 Drilling Rig Mobilization and Demobilization including Electrical LS $69,575 1 $69,575 4 S-5 Drilling Rig Mobilization and Demobilization including Electrical LS $73,214 1 $73,214 5 S-2 Drilling Rig Mobilization and Demobilization including Electrical LS $70,507 1 $70,507 6 Complete Removal and Re -installation of Pump Discharge Apparatus with Disinfection (S-2) EA $15,000 1 $15,000 7 Geophysical Logging (Complete Set) (S-2) EA $8,500 1 $8,500 8 Perform Complete Video Log (Initial) (S-2) EA $3,500 1 $3,500 9 Complete Setup and Removal for Acidization Including Removal of Spent Acid (S-2) EA $7,900 1 $7,900 10 Well Acidization (S-2) EA $4.50 4,000 $18,000 11 IPump Develop Well (S-2) HR $250 60 $15,000 12 Conduct Step Drawdown Test (4 Wells) EA $3,000 4 $12,000 13 Perform Complete Video Log (Final) (S-2) EA $2,000 1 $2,000 14 Formation Water Disposal (S-2) EA 1 $10,000 1 $10,000 15 Perform Site Restoration ( Crushed Concrete Temporary Pad Removal) EA $8,500 4 $34,000 16 1 Drill Nominal 15 -inch Borehole (Each Well to 850 ft, Total 4 Wells) FT $110 595 $65,450 17 Well Maintenance Contingency Allowance (S-2) EA $20,000 1 $20,000 18 Additional Bacterialogical Sampling and Analysis (8 Additional Samples per Well) EA $150 32 $4,800 TOTAL $551,160 Additonal Contract Time: 380 Calendar Days Estimated Completion Date: December 18, 2018 182 1d4 County Attorney's Matters - B.C.C. 7.3.18 Off, ce 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 f� FROM: Dylan Reingold, County Attorney DATE: June 22, 2018 SUBJECT: Federal Lobbying Concerning All Aboard Florida/Brightline BACKGROUND ATTORNEY On August 14, 2017, I executed an agreement between McDermott Will & Emery and Indian River County, as authorized by the County Administrator, for McDermott Will & Emery to represent Indian River County on federal lobbying efforts relating to the proposed All Aboard Florida/Brightline project. The agreement was for $50,000 for six months and expired on January 31, 2018. Under that agreement, McDermott Will & Emery assisted Indian River County in lobbying efforts with both federal legislators and federal agencies. It is important to note that McDermott Will & Emery also represents Martin County and CARE -FL with respect to the All Aboard Florida/Brightline project. However, the engagement with Indian River County was and is solely for federal lobbying and did not and does not include litigation representation. The main members of the McDermott Will & Emory who have represented Indian River County are Stephen Ryan, former Congressman Jeff Miller and Erica Stocker. On January 23, 2018, the Indian River County Board of County Commissioners ("Board") approved another contract with McDermott Will & Emery for six additional months, which runs through July 31, 2018. The agreement included a fixed monthly fee of $10,000, paid at the beginning of each month for the first five months, with no charge for the final month, for a total of $50,000. As the Board is aware, on April 19, 2018, the United States House Subcommittee on Government Operations held a hearing to examine the use of $600 million and $1.15 billion in tax-exempt private activity bonds to support the Brightline passenger rail system project in Florida. This was a significant hearing. Chairman Meadows and Congressmen Posey and Mast raised several significant issues with respect to the validity of the private activity bond financing for the All Aboard Florida/Brightline project. McDermott Will & Emery spent considerable time in setting up and preparing for this hearing. Ms. Stocker stated that the expenses exceeded the $50,000 set forth in the agreement. Because the hearing was such a significant accomplishment, I felt it was appropriate to pay for some of the additional costs. I offered to bring to the Board an agreement for Indian River County to pay an additional $10,000. F-U,,.srsryVibd.1GENEML18 C CLtg-d.Afem A411Aborad Rl fd. Federal lobbying(il.d- 183 Board of County Commissioners June 22, 2018 Page Two At this time, I believe continuing the federal lobbying is an important component in promoting Indian River County's interests with respect to the proposed All Aboard Florida/Brightline project. Thus, I also believe that it is important to present another contract with McDermott Will & Emery for six additional months, to run through January 31, 2019. The agreement. includes a fixed monthly fee of $10,000, paid at the beginning of each month for thefirst five months, with no charge for the final month, for a total of $50,000. FUNDING Funds for this expenditure are budgeted and available in General Fund/County Attorney/Legal Services/All Aboard Florida, Account # 00110214-033110-15023 RECOMMENDATION The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to authorize the additional payment of $10,000 and to approve the agreement with McDermott Will & Emery for six more months and authorize the County Attorney to execute the agreement. ATTACHMENT Invoice Proposed Agreement F.-Uitt—yUindaIGEAERALW C CMgeada AfemosUVlAboardFlorida Fede Uobb}aag Rj).doe 184 McDermott Will & Emery Indian River County 1801 27th Street Vero Beach, FL 32960-3365 Invoice The McDermott Building 500 North Capitol Street, N.W. Washington, D.C. 20001-1531 +1202 756 8000 Client: 103539 Invoice: 3176224 Invoice Date: 06/21/2018 Client Copy Billing for services rendered through 05/31/2018 Confidential, protected by attorney-client privilege and work product doctrine 0011 Legislative Advocacy Total Services Total Costs and Other Charges Posted Through Billing Period Total This Invoice $ 10,000.00 M 11 $ 10,000.00 To ensure prompt and accurate application of your payment, please mail payment and remittance copy or wire transfer the funds using the following information (include your client, matter, and statement numbers): Wire Transfer/ACH Instructions: McDermott Will & Emery LLP MWE Master Account Citibank, N.A. ABA #: 021000089 Account #: 30525705 E-mail Remittance to: wire@mwe.com Fax Remittance to: +1 312 277 8755 Mail Payment To: McDermott Will & Emery LLP P.O. Box 6043 Chicago, IL 60680-6043 Tax Identification #: 36-1453176 Terms: Payable Upon Receipt U.S. practice conducted through McDermott Will & Emery LLP. Boston Brussels Chicago Dallas DOsseldorf Frankrun Houston London Los Angeles Miami Milan Munich New York Orange County Paris Seoul Silicon Valley Washington, DC Strategic alliance with MWE China Law Offices (Shanghai) 185 McDermott Will & Emery The McDermott Building 500 North Capitol Street, N.W. Washington, D.C. 20001-1531 +1202 756 8000 06/21/2018 Invoice: 3176224 Client: 103539 Indian River County 1801 27th Street Vero Beach, FL 32960-3365 For Services Rendered in Connection with: Matter: 0011 Legislative Advocacy Date Name Hours Description 04/18/18 S. Ryan 3.50 Prepare IRC for hearing; review AAF testimony. 04/18/18 E. Stocker 2.50 Hearing prep, including witness prep session, preparation of materials, and drafting of various Q&A for members; phone calls and emails with congressional staff. 04/19/18 S. Ryan 2.80 Prepare materials for hearing with joint defense group; brief hearing participants; travel to House; meet with Members of Congress; attend hearing; post mortem and strategy with joint defense group; respond to press. 04/19/18 E. Stocker 2.70 Final preparations for congressional hearing; attend congressional hearing; debrief with team; follow up emails with congressional staff. 04/19/18 J. Miller 2.00 Preparation for and attendance at the OGR Hearing. 04/20/18 E. Stocker 1.50 Post -hearing strategy discussions with S. Ryan and J. Miller; compile strategy outline on next steps; draft congressional letter; confer with S. Ryan on same; edits to letter; finalize and send to staff; follow up emails with congressional staff. Total Hours 15.00 U.S. practice conducted through McDermott Will & Emery LLP Total For Services $10,000.00 Total This Invoice $10,000.00 186 McDermott The McDermott Building 1 500 North Capitol Street, N.W. W'ill &. Emery Washington, D.C. 20001-1531 +1202 756 8000 Indian River County 06/21/2018 Invoice: 3176224 Invoice Totals Matter Name Hours Fees Costs and Retainer Total Other Charges 0011 Legislative Advocacy 15.00 10,000.00 0.00 0.00 10,000.00 Totals 15.00 $10,000.00 $0.00 $0.00 $10,000.00 U.S. practice conducted through McDermott Will & Emery LLP. 187 McDermott Will .. Emery Boston Brussels Chicago Dallas Dusseldorf Frankfurt Houston London Los Angeles Miam Milan Munich New York Orange County Paris Rome Seoul Silicon Valley Washington, D.C. Strategic alliance with MWE China Law Offices (Shanghai) June 22, 2018 Mr. Dylan Reingold County Attorney Indian River County 1801 27thStreet Vero Beach, FL 32960-3365 Re: Updated Retention Agreement Dear Mr. Reingold: Stephen M. Ryan Attorney at Law sryan@mwe.com +1 202 756 8333 Privileged and Confidential Attorney/Client Communication Thank you for again selecting McDermott Will & Emery LLP ("McDermott") to represent Indian River County, Florida (the "County") with respect to its federal government advocacy efforts to complement the County's ongoing legal and state government advocacy efforts related to the proposed All Aboard Florida ("AAF") passenger rail project and related increases in freight rail, from August 1, 2018 through January 31, 2019. The terms of our representation are set forth in this letter and in the Additional Terms of Engagement ("Additional Terms") that accompany this letter. Our attorney-client relationship will continue when the County and McDermott have agreed to the material terms of our engagement. Former Congressman Jeff Miller and I will continue to be principally responsible for services provided to the County and will be assisted by Ms. Erica Stocker. As circumstances warrant, other lawyers or non -lawyer professionals will be assigned to work on the County's matter. It is important that all information provided to us is complete, accurate and up to date so that we can represent your interests fully. Accordingly, please ensure that we are notified of any changes or variations to that information which may arise after the date it is provided to us, as well as any new circumstances which might be relevant to the work we are undertaking for you. Our fees reflect the value of our services and are based on hourly billing rates that take into account the complexity of the matter, the skill and experience required to perform the services, the time constraints imposed by the circumstances, the size of the matter, and the efficiencies we bring to bear on the matter, among other factors. We have agreed to charge a fixed fee of $10,000 per month, plus any disbursements such as domestic travel, beginning August 1, 2018 U.S. practice conducted through McDermott Will & Emery LLP. 500 North Capitol Street, N.W. Washington DC 20001-1531 Telephone: +1202 756 8000 Facsimile: +1202 756 8087 www.mwe.com 188 June 22, 2018 Page 2 through January 31, 2019. The monthly fee will be paid at the beginning of each month (not in arrears) for the first five months, with no charge for the final month, for a total of $50,000 for the six month engagement. After the six month engagement, McDermott and the County will mutually decide whether to continue the engagement and McDermott will offer similar pricing for any extension of the Agreement. In the event that the litigation related to the U.S. Department of Transportation results in reduced federal advocacy efforts during the course of this engagement, McDermott will only charge for the time spent on advocacy activities each month, whenever that amount is less than the agreed upon $10,000 per month fixed fee and no unbilled carry forward fees from prior months exist. Our representation of the County does not extend to the County's employees, governmental entities, agencies, departments or bureaus or other entities in which it owns an interest (even a substantial interest). In order to avoid misunderstandings concerning potential conflicts of interest, it is our policy to clarify the identity of our clients and the circumstances under which we may represent other clients with interests which are or may be adverse to the County. McDermott is registered under the LDA to lobby for Citizens Against Rail Expansion in Florida (CARE FL) and is soon expected to register to lobby for Martin County, Florida. In addition, McDermott provides legal services to CARE FL and Martin County. CARE FL and Martin County have agreed in writing to waive any conflict with the County for the services in this agreement. By executing this agreement, Indian River County continues to waive any conflict with CARE FL and with Martin County relating to these issues. They have signed corresponding waivers. McDermott represents, and in the future will represent, many other clients. During the time we are working for the County, one or more existing or future clients may ask McDermott to represent them in an actual or potential transaction or contested matter, including litigation or other dispute resolution proceedings, adverse to the County's interests. By entering into this engagement, the County agrees that McDermott can accept all such representations, even if the other client's interests are or may become directly adverse to the County's interests, unless the matter is substantially related to a matter in which we are representing the County, or will require disclosure of the County's confidential information. (All such representations are referred to as "Permitted Representations".) The County waives all actual and potential conflicts of interest that might exist because of any Permitted Representations undertaken by McDermott, and will not assert that any engagement of McDermott for the County is a basis to challenge or to disqualify McDermott from undertaking or continuing any Permitted Representation. 189 June 22, 2018 Page 3 Unless we are otherwise instructed by the County in writing at or prior to the completion of the matter for which the County has engaged us, we may, after a reasonable period of time has passed, at our discretion, destroy all documents and data (including hard copies, electronically stored information and any other data stored on other forms of media) and any other materials that we have stored or otherwise remain in our possession relating to a matter for which our services have been completed or terminated. When we complete the services the County has retained us to perform, our attorney-client relationship will be terminated. If the County later retains us to perform further or additional services, our attorney-client relationship will be revived subject to these terms of engagement unless we change the terms in writing at that time. Accompanying this letter are the Additional Terms, which are incorporated herein. If the County has questions concerning any of the information presented here, or should the County have a concern or question at any time during our representation, please call me. The County has the right to consult with other counsel concerning the terms of this engagement letter. By executing this engagement letter, the County is confirming that the County understands and accepts all of the terms set forth in this letter and in the Additional Terms and that this letter has been signed by the County voluntarily and with the benefit of the information necessary to make a fully informed decision to agree to these terms. The County intends for its consent to be effective and fully enforceable and to be relied upon by McDermott in accepting the representation of the County. The County agrees and acknowledges that in the case of inconsistency between the County's outside counsel guidelines, proposed terms, or billing instructions and the terms of this engagement letter, this engagement letter takes precedence and controls the terms of our engagement. These terms may not be modified unilaterally and any amendment or modification of these terms will be effective only upon execution of a writing signed by a person within the County and within McDermott authorized to approve such changes. Please sign and return to us the enclosed copy of this letter. Note that the County's request to McDermott to proceed, or acquiescence in McDermott proceeding, will constitute the County's full acceptance of the terms set forth herein and in the attached. 190 June 22, 2018 Page 4 Sincerely, A -gulr-- Stephen M. Ryan Enclosure Agreed to and accepted (including the Additional Terms): INDIAN RIVER COUNTY Dylan Reingold Title: County Attorney Date: 191 ADDITIONAL TERMS This document sets forth McDermott Will & Emery LLP's additional standard terms of engagement for providing legal services. These terms are an integral part of our agreement with you. You should review this document carefully and retain it foryour files. Ifyou have any questions, please contact us promptly. OUR SERVICES TO YOU — In our engagement letter with you, we specify the matter in which we will be representing you. It is important that you have a clear understanding of the legal services we will provide. If at any time you have questions regarding the scope of our services, please communicate with your principal contact at the Firm. We will represent you zealously and act on your behalf to the best of our ability. Whenever we provide you with an expression regarding the potential outcome of your matter, we will use our best professional judgment. However, we cannot guarantee the outcome of any matter. Any expression of our professional judgment regarding your matter or the potential outcome is limited by our knowledge of the facts and based on the law at the time. It is also subject to any unknown or uncertain factors or conditions beyond our control. WHO IS OUR CLIENT? — It is our policy to represent only the person or entity identified in our engagement letter. Unless specifically stated to the contrary in that letter, our representation of you does not extend to any of your affiliates. For example, if you are a corporation, our representation does not include any of your parents, subsidiaries, employees, officers, directors, shareholders, or any entities in which you own an interest (even a substantial interest). If you are a partnership, our representation does not extend to the individual partners of the partnership. If you are a trade association, our representation excludes members of the trade association. If you are an individual, our representation does not include your spouse, siblings, or other family members, successors in interest, or any entities in which you own an interest (even a substantial interest). If you are a trustee or other fiduciary, our representation does not include beneficiaries or other persons to whom you owe a duty. When we deal with a representative or agent of an entity, we represent only the entity and not the representative or agent. The advice and communications which we render on your behalf are not intended to be disseminated to or relied upon by any other parties without our written consent. We sometimes include a specific disclaimer in correspondence or other work product to this effect, but the absence of such a disclaimer does not create an exception or otherwise entitle others to rely on our work or advice. F E E E S T I M A T E S — Clients frequently ask us to estimate the total fees and other charges they are likely to incur in connection with a particular matter. We are pleased to respond to such requests whenever possible with an estimate based on our professional judgment. This estimate always carries the understanding that, unless we agree otherwise in writing, it does not represent a maximum, minimum, or fixed -fee quotation. The ultimate cost frequently is more or less than the amount estimated. OTHER CHARGES —As an adjunct to providing legal services, we may incur and pay a variety of charges on your behalf or charge for certain ancillary support services. When we incur such charges on your behalf or charge for such ancillary support services, we will include them in our billing statements. These charges may include, among other things, telephone, messenger, courier, express delivery services, McDermott Will & Emery I ff± facsimile communications (which typically include a per page charge in addition to the cost of the telephone usage), document printing, reproduction, scanning and imaging, data storage and processing (which typically include per gigabyte charges based on the volume of data), filing fees, deposition and transcript fees, witness fees, travel expenses, computer research, and charges by outside experts and consultants. Certain of these services, particularly those that involve significant technology and/or support services such as imaging and storing electronic data and documents and the use of specialized software for legal research and data processing, may be provided by McDermott at a profit. It is our general policy to arrange for outside providers of services (such as the fees of outside consultants, expert witnesses and court reporters) to bill you directly. You agree to pay those bills promptly and to provide us notice that such payment has been made. BILLING ARRANGEMENTS, TERMS OF PAYMENT AND RETAINERS— We will bill you on a regular basis—normally, each month—for both fees and other charges. You agree to make payment upon receipt of our statement. Sometimes we ask for an advance retainer which will be credited towards your legal fees and expenses on a monthly basis, unless we agree to a different arrangement. If the retainer proves insufficient to cover current fees and other charges on a regular basis, we may ask you to replenish or increase it, and you agree to do so if asked. Should your account become delinquent and satisfactory payment terms are not arranged, we may withdraw, or seek to withdraw, from the representation consistent with the applicable rules and pursue collection of the amounts owed. You will remain responsible for payment of our legal fees rendered and charges incurred prior to such withdrawal. We look to you, the client, for payment regardless of whether you are insured to cover the particular risk or have the right to be reimbursed from someone else. You are responsible to pay us in accordance with the terms agreed to in this engagement, even if you engage us to collect or seek reimbursement from an insurer or other third party pursuant to contracts, statutes or insurance policies. T E R M I N A T 10 N — You may terminate our representation at any time, with or without cause, by notifying us, and subject to court approval when required for matters in litigation. We will return your papers and other property to you promptly upon receipt of your request for those materials unless they are subject to a lien under applicable law. We will retain our own files pertaining to the matter or case, including our drafts, notes, internal memos, and work product. Your termination of our services will not affect your responsibility for payment of legal services rendered and other charges incurred before termination and in connection with an orderly transition of the matter. We have the right to withdraw from our representation of you if, among other things, you fail to honor the terms of our engagement letter and/or the Additional Terms, you fail to make payment of any of our statements in a timely manner, you fail to cooperate or to follow our advice on a material matter, or any fact or circumstance occurs that would, in our view, render our continuing representation unlawful or unethical, or we determine that we are otherwise permitted under applicable law and rules to withdraw from the representation. If we elect to withdraw, you will take all steps necessary to free us of any obligation to perform further services, including the execution of any documents necessary to complete our withdrawal. Notwithstanding such termination, you will remain obligated to pay us for all services provided and to reimburse us for all costs and expenses paid or incurred on your behalf, including those required for the orderly transition of the engagement. McDermott Will & Emery INS Our representation of you will be considered terminated at the earlier of (a) your termination of our representation and the completion of any work that may be required incidental to withdrawal from an ongoing matter, such as work that is appropriate to accomplish an orderly transition to other counsel, work required to obtain permission to withdraw from a court or other tribunal, and work that is required to be performed prior to the time that such permission is granted, (b) our withdrawal from our representation of you or (c) the completion of our work for you. In addition, in the event there has been no work performed by us on your behalf for six consecutive months, and no more work is contemplated, our attorney-client relationship will have been terminated. PRIVILEGE -- Our communications to and from you, including billing statements, may include attorney client privileged information or attorney work product. You should take reasonable steps to protect them from disclosure to third parties so as to maintain those privileges and protections. M c D E RM O T T' S PRIVILEGE -From time to time, issues may arise that raise questions as to our duties to you. We believe that it is in our clients' interest, as well as McDermott's interest, that in the event legal ethics or related issues arise during a representation, we receive experienced legal advice concerning our obligations. Accordingly, you agree that if we determine in our sole discretion during the course of the representation that it is necessary or appropriate to consult with McDermott lawyers designated to render legal advice to McDermott and its lawyers or to consult with outside lawyers, we have your consent to do so and any communications among lawyers working on the matter and McDermott lawyers or outside lawyers designated to render legal advice to McDermott and its lawyers will be privileged. SECURE COMMUNICATIONS — Our email server is configured to encrypt emails if your email system supports it. We recommend that encryption be used to protect communications with us that include confidential information. You should discuss with your principal contact at the Firm any special measures that you require regarding email encryption. In addition, the Firm has available cloud solutions to facilitate our collaboration and document sharing with you that we can discuss with you when appropriate. If you prefer to use a cloud solution other than those provided by the Firm, we recommend that you carefully assess the data security offered by that solution. We discourage you from using text or instant messaging to communicate with us. These forms of communication are not encrypted and are vulnerable to interception. ANTI -BRIBERY AND ANTI -CORRUPTION — We do not engage in bribery or corruption of any kind, and do not tolerate bribery or corruption by others to further the goals and objectives of our representations. We reserve the right to terminate our engagement if we learn of such improper conduct. (Last Revised 7/2017) McDermott Will & Emery 191 July 3, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 27, 2018 SUBJECT: Discussion and Action Request — Discussion and Consideration of a Resolution in support of the City of Vero Beach Airport's submittal for Grant Funding FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to discuss Indian River County bringing forth a Resolution similar to the one recently approved by the City Council of the City of Vero Beach, supporting the City's application to the Florida Department of Economic Opportunity Florida Job Growth Grant Fund for Public Infrastructure. The Resolution would be for funding of improvements to Aviation Boulevard, but does not include any additional funding from the County. Attached: City of Vero Beach Resolution No. 2018-15 195 RESOLUTION NO. 2018- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA EXPRESSING SUPPORT FOR THE CITY'S APPLICATION TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FLORIDA JOB GROWTH GRANT FUND FOR PUBLIC INFRASTRUCTURE; DIRECTING STAFF TO SUBMIT AN APPLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature created the Florida Job Growth Grant Fund within Florida Department of Economic Opportunity to promote economic opportunity by improving public infrastructure; and WHEREAS, the Department of Economic Opportunity and Enterprise Florida, Inc. have responsibility of identifying projects to make funding recommendations to the Governor; and WHEREAS, the City has an infrastructure project that is designed and can be completed in phases for the improvement of Aviation Boulevard from U.S. Highway 1 to 43`d Avenue which is a key east—west transportation corridor for the City and the County to the airport as well as the hospital; and WHEREAS, Aviation Boulevard is a 2 -lane non -divided urban minor arterial roadway that connects to County, State, and Federal roadways which has not been widened to accommodate increased traffic caused by an increase in economic activity around the airport and the hospital; and WHEREAS, Piper Aircraft, Inc., a manufacturer of small airplanes located at the airport on Aviation Boulevard, has seen an increase of its workforce by approximately 25 percent during the year 2017; and WHEREAS, Elite Airlines, LLC has been serving the airport for 2 years with increased employment and passenger traffic to the airport and had an increase in passenger traffic from 2016 to 2017 of 44%; and WHEREAS, Walking Tree Brewery, LLC, a successful craft brewery, began operations at the airport in 2016 bringing employment and increased customer traffic; and WHEREAS, Oculina Bane, Corp, Inc. opened a branch near the airport in 2014; and WHEREAS, the City is in negotiations for a maintenance hangar lease for an airline which would bring approximately 50 to 150 jobs to the airport; and WHEREAS, a hotel is currently under construction along Aviation Boulevard which will increase both employment and guest traffic; and WHEREAS, the economic impact of the businesses in the airport district was found to be over $468 million in 2015 by the Florida Department of Transportation; and 196 WHEREAS, Aviation Boulevard, as currently configured, is close to reaching a level of service that could hinder the continued economic development gains made at the airport and along the business district adjacent to the airport; and WHEREAS, widening Aviation Boulevard would benefit the continued improvement of the business environment which brings new business as well as allows existing businesses to expand; and WHEREAS, the City Council believes the widening of Aviation Boulevard would benefit the City, County and region and would improve the economic development environment around the airport; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section.1 Adoption of Recitals. The foregoing "Whereas" clauses are hereby adopted and incorporated herein as forming the Iegislative findings, purpose, and intent of this Resolution. Section 2. Support and Direction for Grant Application. The City Council of the City of Vero Beach hereby supports and directs staff to apply for the Florida Department of Economic Opportunity Florida Job Growth Grant Fund for Public Infrastructure. Section 3. Effective Date. This resolution shall become effective upon adoption by the City Council. **************************************************** -fin This Resolution was heard at a public hearing on the J_ day of U n C , 2018, after which hearing it was moved for adoption by Councilmember M DSS , seconded by Councilmember L1 D v rl , and adopted by the following vote of the City Council: Mayor Harry Howle III Vice Mayor Lange Sykes F- Councilmember Laura Moss Councilmember Anthony W. Young l,.l P.-rJ" Councilmember Val Zudans -U e-5 197 ATTEST: t • fJL A" t - Tammy sick City Clerk [SEAL] CITY COUNCIL CITY OF VERO BEACH, FLORIDA any 9(we III Mayor ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Way . Coment, City Attorney Approved as to technical requirements: �I(A� Ericson W. Menger, Airport Director Approved as conforming to municipal policy: fa es R. 'Connor, City Manager Approved as to technical requirements: Morhe Falls, Public Works Director 198 DEC) Grant Resolution Aviation Blvd Projects Completed or Planned #1. 43rd Avenue & SR 60 Intersection Project #2. 43rd Avenue & Aviation Blvd Project #3. Flight Safety Drive ROW purchase #4. 34th Avenue & Aviation Blvd Intersection Project #5. 34th Avenue Bridge replacement Project #6. 20th Avenue New Bridge Project #7. 20th Avenue & Aviation Signalization Project Joint IRC & FDOT IRS IRC COVB & FDOT COVB 7 FDOT IRC IRC Tn xr •! F E _ 4 ti`. 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INDIAN RIVER COUNTY E o� SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: June 21, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWDD Subject: Expansion of the School District of Indian River County Recycling Program BACKGROUND: Children who are taught to recycle at a young age can be some of the most devoted and effective advocates for recycling. With this in mind, the Solid Waste Disposal District (SWDD) collaborated with the School District of Indian River County (SDIRC) to launch the IRC School Recycling Pilot Program (Pilot Program), where recycling containers were purchased forthe classrooms, offices, hallways, cafeterias and outdoor areas at four pilot schools. The Pilot Program was funded by two monetary grants: the Think Green Grant from Waste Management and the Carton Council's School Carton Recycling Grant Program. The Pilot Program was launched in January 2018, directly after the students returned from winter break. The immediate goal of the program was to increase recycling at the pilot schools and subsequently decrease the amount of garbage at the schools. On a broader scale, the purpose of the Pilot Program was to establish a robust campus -wide recycling program that would serve as a model and facilitate the expansion of recycling to all the public schools in the district. ANALYSIS: Results of Pilot Program Starting a month after the launch, several follow up phone calls and staff meetings were made to each school to see how the program was progressing. Surveys were also sent to the teachers, staff and students to evaluate their opinions of the program. Overall the response from the teachers, staff and students was very positive. Some of the students noted that it took longer to dispose of their garbage and recycling in the cafeterias. This increase in disposal time in the cafeterias was anticipated by SDIRC and SWDD, and staff expects that the disposal will go more quickly as the students become more familiar with the system. The teachers indicated that there were a few challenges with improper recycling in the outdoor containers, but overall, the students were recycling properly in the classroom, and the teachers noticed a reduction in the amount of garbage in their classrooms. Over 90% of the teachers recommended expanding the program to other schools. One of the main goals of the Pilot Program was to increase the amount of recycling at the pilot schools while subsequently decreasing the amount of garbage. Priorto the Pilot Program, the recycling dumpsters SWDD Agenda Page were mostly full, and the recycling dumpsters were being emptied once every other week. After the Pilot Program, the recycling dumpsters were still mostly full, but the frequency of recycling pick up was increased to weekly, indicating recycling increased about 100% at each school. Using this change in frequency, it is estimated that over 5,000 lbs of recycling from these four pilot schools is being diverted from the landfill each month. This is based on an 8 cubic yard container and an approximate density of 95 lbs per cubic yard for mixed recyclables. Theoretically, an increase of over 5,000 lbs of recycling should be reflected as an equivalent decrease in garbage collection. The daily emptying of multiple dumpsters of varying fullness proved to make it difficult to pinpoint a weight estimate for garbage. To assess the changes in garbage collection, SWDD staff interviewed Jeff Cox, the trash technician for SDIRC, who is responsible for emptying the garbage dumpsters on a daily basis. Mr. Cox confirmed that there was "a definite reduction in the amount of garbage" he collected at the pilot schools. Mr. Cox estimated a 45-50% reduction at the elementary schools, a 30% reduction at the middle school and a 35% reduction at the Freshman Learning Center. Using Mr. Cox's observation and his estimates on the fullness of a container on a typical day, SWDD staff feels confident that at least 5,000 lbs of material, if not more so, is being eliminated from the garbage waste stream each month. On average, SDIRC disposes of approximately 1,560 tons of garbage to the county landfill each year. In March of 2017, Republic Services provided a letter to SDIRC that stated they recycled approximately 6.71 tons of recyclable materials per month, which would total about 80.52 tons per year. Using these figures and including miscellaneous recyclable items such as yard waste, SWDD staff estimates that SDIRC currently recycles about 6% of its waste. This is likely an underestimate considering it does not include any additional recycling such as scrap metals and electronics recycling, but it does demonstrate that there is an area for improvement. Expanding the Recycling Program The Pilot Program was designed to serve as a model to be expanded to the remaining 16 public schools in the district. In the weeks and months following the program launch, numerous schools reached out to SDIRC and SWDD staff asking how they could bring the recycling program to their school. A few schools have already discussed plans to initiate recycling efforts in their schools based on the model set by the Pilot Program. SWDD staff met with Superintendent Dr. Mark Rendell and confirmed that there is an interest from SDIRC to expand the recycling program; however, to date staff has not yet met with the school board to present the results of the Pilot Program. Dr. Rendell is fully supportive of the school recycling expansion project and plans to take a similar item to his board at the next available meeting, which is July 26, 2018. Using the pilot schools as a guide and considering the number of students in each school, SWDD staff estimated that there would be a one-time cost of approximately $38,000 to provide the remaining 16 public schools with the same recycling containers and equipment used in the Pilot Program. SDIRC recently entered into a contract with Waste Management, and Waste Management has offered to provide 64 -gallon carts for the cafeterias and 35 -gallon carts for the outdoor areas, a total monetary savings of $9,700. Recycle Across America (RAA) has a donation program that offers 100 free recycling labels per school, and at this time, they have committed to providing free recycling labels for four schools, or 400 labels, which is a saving of $700. The RAA school donation program is based on corporate sponsorships and additional in-kind donations for the schools may be available at a future date. With these in-kind donations, the remaining cost to expand the program to the 16 public schools is tentatively estimated to be $27,600. SWDD staff would like to propose that the SWDD Board consider a cost-sharing agreement with SDIRC to cover half of the costs forthe purchase for recycling containers and 200 SWDD Agenda - Page 2 - equipment at the remaining 16 public schools. At this time, the tentative estimated cost to the County would be about $13,800; however, staff will work more closely with the 16 schools to refine the cost estimates after they receive direction from the SWDD Board and the School Board. FUNDING: Funding for the recycling containers is available as a sustainability item in the SWDD recycling account under Other Professional Services, Account No. 41122534-033190, which is funded from SWDD assessments and user fees. The account has a total budget of $988,800.00, with $25,000 designated as Sustainability & Recycling Initiatives. Description Account Number Amount Other Professional Services 41122534-033190 $13,800 RECOMMENDATION: Staff recommends that the Solid Waste Disposal District (SWDD) Board consider and authorize the following: Conceptually approve to provide 50% funding, which is estimated at $13,800, to cover half of the one-time costs for containers and materials for the remaining 16 public schools based on support from Dr. Mark Rendell, School District of Indian River County (SDIRC) Superintendent, for the expansion of the program. 2. Direct staff to work with Dr. Rendell to request a 50% funding match from SDIRC. Tentatively, this approval will be considered at the next SDIRC meeting on July 26, 2018. 3. Upon agreement by SDIRC, direct staff to work with the County Attorney's office to prepare a cost sharing agreement to be approved first by SDIRC, and then by the SWDD Board at a future meeting as early as August 14, 2018. ATTACHMENTS: 1. Estimate of Recycling Materials for the remaining 16 Public Schools 201 SWDD Agenda - Page 3 - Recycling in IRC Schools Preliminary Estimate for Districtwide Expansion Subtotal $36,700.00 Shipping Costs $1,300.00 Total = $38,000 202 Page 1 of 6 Location Container Type Price per Container # Containers Cost Beachland Elementary (466 students) Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 31 $278.67 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 80 $140.12 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,906.51 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 50 $444.91 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Citrus Elementary Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (744 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 99 $172.55 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,105.19 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 30 $269.70 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Dodgertown Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Elementary (451 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 79 $138.37 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,895.79 202 Page 1 of 6 203 Page 2 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 41 $367.77 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Fellsmere Elementary (615 students) Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 90 $157.50 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,013.00 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 33 $297.80 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Glendale Elementary Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (498 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 82 $143.85 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,929.38 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 32 $289.43 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Indian River Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Academy (484 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 1 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 81 $142.22 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,919.38 203 Page 2 of 6 204 Page 3 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 37 $330.69 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Liberty Magnet Elementary Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (553 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 86 $150.27 RAA Labels for larger recycle labels $2.3512 $28.20 Subtotal $1,968.69 Osceola Magnet Elementary Location Container Type Price per Container #Containersl Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 '36 $319.33 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (534 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 85 $148.05 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,955.11 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 35 $310.96 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Sebastian Elementary (520 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 84 $146.42 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,945.11 204 Page 3 of 6 Treasure Coast Elementary Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 45 $402.45 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (673 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 94 $164.27 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,054.45 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 47 $425.18 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Vero Beach Elementary (711 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin ' $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 96 $168.70 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,081.61 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 55 $493.95 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Gifford Middle Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 (826 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 104 $182.12 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,348.49 205 Page 4 of 6 Oslo Middle (827 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 55 $494.55 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73• Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 104 $182.23 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,349.21 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 65 $578.86 i Sebastian River Middle (968 students) Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 114 $198.68 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,449.98 _ Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 155 $1,391.85 ' SebastainRiver High (1,862 students) Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 2 $440.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 204 $357.29 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $3,641.57 206 Page 5 of 6 207 Page 6 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 j Vero Beach High School (2,885 students) Classrooms 10 gallon $8.97 192 $1,725.23 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 2 $440.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 241 $422.33 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $4,039.99 207 Page 6 of 6 Expansion of the School District of Indian River County (SDIRC) Recycling Program Solid Waste Disposal District Stephanie Fonvielle Recycling Education and Marketing Coordinator July 3, 2018 4 VERC � •� oGK W1 1 G) _!V IRC School Recycling Pilot Program • Launched in January 2018 • Goal was to provide the tools for campus -wide recycling at selected schools which, if successful, would serve as a model to be expanded to other schools in IRC Rosewood Magnet What Is Considered "Successful" 1. An Increase in Recycling 2. A Reduction in Garbage 3. Minimal Contamination (specifically in regards to plastic bags) 4. Positive Feedback from Students, Staff, and Teachers 5. Interest From Other Schools a c w What Is Considered "Successful" 1. An Increase in Recycling Recycling doubled (increased to once -a -week) • Estimated that over 5,000 lbs of recycling is being diverted from the four pilot schools each month 2. A Reduction in Garbage -- • Confident that at least 5,000 lbs has been reduced from waste stream • SDIRC staff estimated a waste reduction of 45% at Pelican Island Elem., 50% at Rosewood Magnet Elem., 30% at Storm Grove Middle, and a 35% reduction in waste at the Freshman Learning Center 3. Minimal Contamination (specifically in regards to plastic bags) 4. Positive Feedback from Students Staff and Teachers 5. Interest From Other Schools What Is Considered "Successful" 1. An Increase in Recycling 2. A Reduction in Garbage 3. Minimal Contamination (specifically in regards to plastic bags) • Plastic bags are being properly discarded • Most teachers report proper recycling in the classrooms • Discussions on more ways to ensure proper education 4. Positive Feedback from Students Staff and Teachers • Response from the survey's were overall positive • Over 90% of the teachers recommended expanding the program • Met with Superintendent and supports expansion 5. Interest From Other Schools • Multiple calls from other schools to SDIRC and SWDD • A few schools are launching their own initiatives using the pilot as a model Oc, IRC School RecyclingPilot Program • Goal was to provide the tools for campus -wide recycling at Was it Successful? selected schools which, if successful, would serve as a model to be expanded to other schools in IRC Yes! What is the Next Step? Expansion 11 Elementary Schools Beachland Elem. Citrus Elem. Dodgertown Elem. Fellsmere Elem. Glendale Elem. Indian River Academy Liberty Magnet Elem. Osceola Magnet Elem. Sebastian Elem. Treasure Coast Elem. Vero Beach Elem. Per Year: 1,560 tons of school garbage 80.5 tons of recycling Opportunity to Increase Recycling 3 Middle Schools Gifford Middle Oslo Middle Sebastian River Middle 2 High Schools Sebastian River High Vero Beach High Expanding the School District IRC Recycling Program • Estimated that there would be a one-time total cost of $38,000 to provide the remaining 16 public schools with the same recycling containers and equipment used in the Pilot Program • We have received two in-kind donation commitments that help reduce this cost $38,000 One-time cost to provide tools for remaining 16 public schools -$9,700 In-kind donation of 64 and 35 gallon recycling carts from Waste Management -$700 In-kind donation of 400 recycling labels from Recycle Across America SWDD staff would like to propose that the SWDD Board consider a cost- sharing agreement with SDIRC to cover half of these one-time costs, estimated at $13,800. Recommendation Staff recommends that the SWDD Board consider and authorize the following: 1. Conceptually approve to provide 50% funding, which is estimated at $13,800, to cover half of the one-time costs for containers and materials for the remaining 16 public schools based on support from Dr. Rendell, School District of Indian River County (SDIRC) Superintendent, for the expansion of the program. 2. Direct staff to work with Dr. Rendell to request a 50% funding match from SDIRC. Tentatively, this approval will be considered at the next SDIRC meeting on July 26, 2018. 3. Upon agreement by SDIRC, direct staff to work with the County Attorney's office to prepare a cost sharing agreement to be approved first by SDIRC, and then by the SWDD Board at a future meeting as early as August 14, 2018. �L Thank you