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HomeMy WebLinkAbout07/16/2019BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 16, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rev. Dr. Crystal Bujol, Artistic Director for the Gifford Youth Orchestra 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating The Week of July 22, 2019 Through July 28, 2019, As Treasure Coast Waterway Cleanup Week. Attachments: Proclamation 5.B. Presentation of Sebastian Inlet District Centennial Historical Display by James Gray; Executive Director 6. APPROVAL OF MINUTES 6.A. Regular Meeting of May 21, 2019 Attachments: Draft Minutes 05/21/2019 BCC Video and Traveling July l6, 2019 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Service Public Commission Consummating PSC -2019 -0254 -CO -EI, Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019 by Florida Power and Light Company, is on file in. the Office of the Clerk 7.B. Florida . Public Service Commission Consummating Order PSC -2019 -0269 -CO -EI, Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power and Light Company is on file in the Office of the Clerk 7.C. Florida Public Service Commission Consummating Order PSC -2019 -0265 -PAA -EQ, Petition for approval of renewable energy tariff and standard offer contract, by Florida Power and Light Company. 7.D. Letter from Palm Beach County Commissioner Melissa McKinlay Regarding Human Trafficking Hotline Awareness Signage Attachments: Staff Report Letter from Palm Beach County Commissioner McKinlay 7.E. Notice of School District of Indian River County Invitation to Health Insurance Best Practices Workshop Attachments: Public Notice School District Invitation to Workshop 8. CONSENT AGENDA 8.A. Checks and Electronic Payments June 28, 2019 to July 4, 2019 Attachments: Finance Department Staff Report 8.B. Dori Slosberg Driver Education Safety Act - Indian . River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 06/30/19 Attachments: Finance Department Staff Report 8.C. Indian River County Tax Collector Carole Jean Jordan: Errors and Insolvencies Report for the 2018 Tax Roll Attachments: Tax Collector Letter Dated 07-08-19 Errors and Involvencies Report for 2018 Tax Roll DR505 Signature Page 2018 Report 8.D. Acceptance and Approval of Expenditures for Emergency Management State Funded Subgrant Agreement (EMPA) Agreement A0004 Attachments: Staff Report IRC Grant Form-EMPA Grant 2019-2020 EMPA Agreement A0004 July 16, 2010 Page 2 of 7 8.E. Award of Bid No. 2019050, Jungle Trail Shoreline Stabilization Project (IRC -1823) Attachments: Staff Report Sample Agreement 8.F. 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street, Release of Retainage and Change Order No. 1 (IRC -1324, FM No. 434840-1-54-01) Attachments: Staff Report 8.G. Victor Hart Sr. Complex Drainage Improvements, IRC -1760, Final Payment, Release of Retainage and Change Order No. 1 Attachments: Staff Report 8.H. Work Order No. 17 for Kimley-Horn, 58th Avenue Utility Relocations - 53rd Street to 57th Street Attachments: Staff Report Work Order No 17 - Kimley-Horn and Associates Inc 8.I. Work Order No. 18 for Kimley-Horn and Associates, Inc., Oslo Road & I-95 Interchange Utility Relocations, FDOT Project 413048-2 Attachments: Staff Report Work Order No 18 - Kimley-Horn and Associates Inc 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for August 13, 2019 to Consider Stoneridge, LLC's request to rezone f 19.24 Acres from RS -3, Single Family Residential District (Up to 3 units/acre), to RS -6, Single Family Residential District (Up to 6 units/acre) located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue [RZON-2004110052-83770] (Quasi -Judicial) Attachments: Staff Report 10.C.2. Notice of Public Hearing for August 13, 2019: Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP -SE -19-06-17 / 2019020003-84142] (Quasi -Judicial) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS . July 16, 2019 Page 3 of 7 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Sector 7 Beach and Dune Renourishment Project Design Response to FDEP Request for Additional Information Attachments: Staff Report Sector 7 OPCC for Scenarios 1 and 2 12.F.2. Revised Draft Outline of the Indian River Lagoon Management Plan Recommendation for Moving Forward Attachments: Staff Report Revised Draft IRL Plan Outline Map of Indian River Lagoon Project Locations G. Utilities Services 12.G.1. Sole Source Equipment Vendors Attachments: Staff Report 12.G.2. Biosolids Rule Making Comments for Chapter 62-640 Florida Administrative Code July 16, 2019 Attachments: Staff Report Staff Comment summary to proposed rule making changes for 62-640 FAC Comments from UF IFAS Agriculture Agent and Director Comments from interested party - Mr Roderick General Concerns and Comments Page 4 of 7 12.G.3. Approval of Meter Purchase Agreement for AMR Meters Attachments: Staff Report Meter Purchase Agreement Projected Pricing Sole Source Letter 12.G.4. Award of Contract for Meter Deployment Services Attachments: Staff Report Agreement for Meter Deployment Services Projected Pricing 13. COUNTY ATTORNEY MATTERS 13.A. Acquisition of Right -Of -Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Sketch and Legal Description Exhibit "C" Aerial Photo of Adjacent Property Exhibit "D" Pre -Suit Agreement w/o exhibits 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan 14.D.1. Florida Association of Counties Call for Policy Ideas Attachments: Commissioner's Memorandum E. Commissioner Tim Zorc Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Meeting Minutes of May 21, 2019 Attachments: 05212019SWDDDraft July 16, 2019 Page 5 of 7 15.B.2. Approval of 2019 CPI Adjustment Request by Waste Management Attachments: Staff Report Rate Adjustment Letter from Waste Management 15.B.3. Focused Feasibility Evaluation of Landfill Leachate Attachments: Staff Report Geosyntec Focused Feasibility Technical Memorandum 15.B.4. Landfill Gas Agreement with Indian River Eco District, LLC Attachments: Staff Report Landfill Gas Agreement with Indian River Eco District, LLC 15.B.5. Third Amendment to Tropical Recyclables Transfer, Processing and Marketing Services Agreement Attachments: Staff Report Third Amendment to Tropical Recycling 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 thetestimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. July 16, 2019 Page 6 of 7 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 16, 2019 Page 7 of 7 PROCLAMATION DESIGNATING THE WEEK OF JULY 22, 2019 THROUGH JULY 28, 2019, AS TREASURE COAST WATERWAY CLEANUP WEEK WHEREAS, on Saturday, July 27, 2019, the Marine Industries Association of the Treasure Coast in conjunction with the Florida Inland Navigation District will conduct the 12th Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract approximately 1,000 volunteers who will participate in cleaning up the waterways of Indian River, Martin and St. Lucie Counties; and WHEREAS, twenty-seven designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, numerous waterfront homeowners' associations have been recruited to clean up their own waterfronts; and WHEREAS, in 2018, over 5.18 tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of July 22, 2019, through July 28, 2019, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 16th day of July, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc (I 5A EST?I9I9. The Sebastian Inlet District was created in 1919 as an independent special district by act of the Florida State Legislature Chartered to maintain safe navigation between the Atlantic Ocean and the Indian River Magoon. ?�la6ari w ^ 4* S Udtcmlat•Sebastian. Inlet. State Park borders ., liaohnrInIt1 ... both sides of the inlet and is one of the most visited parks. in Florida aam Doctors 9ass t .i ,Pon £oeryladcs [ntrante �I; 1Dakvall ofaa in et • a Gon eat n.t �.: .-North-.Brevard:County: 'he.:Sebastian Inlet Districf is:governed by >-member elected Commission 3 Commissioners from Brevard ...... - 2 Commissioners from Indian River Responsible- for: sand bypassing onto downdrift beaches, safe navigation, and environmental resource protection 100 Years of History May 23, 2019: marked the Sebastian Inlet District's centennial To celebrate our 100 yr history we: Producedan historical video Developed a traveling historical .display... Are planning a community friendly event .on September 4, 2019 Traveling. Historical Display:; Community Event When: September 14, 2019 Where: Sebastian Inlet State Park (North entrance) Time: 10:00 AM - 4:00 PM Cost: Free with the exception of the Sebastian Inlet State Park entrance fee, food, and beverage services Activities include: • Youth Fishing Demo/Instruction • Youth Surfing Demo/Instruction • Safe Navigation and Boating Education • Educational Sessions on Sea Turtle, Sea grasses, nearshore hardbottom, etc. ' t• • I. ••'; • • , ,-, d . o a) 0.. 'fl.,:j,,,ns,...;), ) ,f,t,.- - - ..,!--, „..,....,-,--1 L .r.••• N •1,.., u.,,, fiStd '.... ••••• ' 'f: ••••••••' .- ' - - •••Af 1.;• • •••"'" •••• ; •••••• • ! • • 11"---t:a • . • ri•-•‘ (7.) 9 ' - „ ij • • 1 • ,• • '-, • ) .•• Indian River County Florida Meeting Minutes Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D..O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Tuesday, May 21, 2019 9:00 AM Commission Chambers 1. CALL TO ORDER 2. ROLLCALL Present: 4 Chairman Bob Solari Vice Chairman Susan Adams Commissioner Peter O'Bryan Commissioner Tim Zorc Absent: 1 - Commissioner Joseph Flescher 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Reverend Jack Diehl, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Deletion: Item 15.B.2.Work Order No. 1 to Kessler Consulting, Inc., for Solid Waste Composition Study Addition: Item 10.B.1. Request to Speak by Doug Bournique A motion was made by Commissioner O'Bryan, seconded by Commisioner Zorc, to approve the Agenda, as amended. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 2 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing Memorial Day, 2019 Commissioner O'Bryan read and presented the Proclamation to Jim Romanek, Michelle Dale, and Marty Zickert of the Veterans Council of Indian River County. Mr. Romanek spoke on the Memorial Day Ceremony to take place at the Memorial Island Sanctuary in Vero Beach. Ms. Dale was recognized as the President of the American Gold Star Mothers of Indian River County, and Commissioner O'Bryan told of her recent appointment as the 2nd Vice President of the Florida Chapter of American Gold Star Mothers. Read and Presented S.B. Presentation of Proclamation Recognizing the Ribbon -Cutting Ceremony for the Expansion of the Gifford Youth Achievement Center Vice Chairman Adams read and presented the Proclamation to Freddie Woolfork, Director of Public Relations and Facilities Operations at the Gifford Youth Achievement Center (GYAC), who was present with representatives from the GYAC staff and Board of Directors. Mr. Woolfork provided an update on the Dream Weaver Capital Campaign. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Household Hazardous Waste and Electronics Recycling Event on June 1, 2019 Chairman Solari announced the Household Hazardous Waste and Electronics Recycling Event. No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 8.A. Checks and Electronic Payments May 3, 2019 to May 9, 2019 Approved 3 8.B. Amendment Number 1 to the Agreement for Professional Services 45th Street Improvements (IRC -1722) - RFQ 2018012 Approved staffs recommendation 8.C. Work Order No. 3 - Atkins North America, Inc. IRC -1712 - Wabasso Fishing Pier Demolition Project Approved staffs recommendation 8.D. Approval of Work Order No. GKE 1 with GK Environmental, Inc. for Environmental Permitting, Gopher Tortoise Surveys, Gopher Tortoise Relocation Services, and Landscaping Design Assistance Services for the Moorhen Marsh Low Energy Aquatic Plant System (LEAPSTM) Approved staffs recommendation 8.E. Approval of SJRWMD Cost -Share Grant for Moorhen Marsh Low Energy Aquatic Plant System Approved staffs recommendation 8.F. Authorization to Negotiate - RFP 2019030 Vending Services Approved staffs recommendation 8.G. Bruce Scully and Sylvia Rose's Request for Release of a Portion of an Easement at 6645 46th Drive (Crystal Falls of Vero Subdivision) Approved Resolution 2019-036, releasing a portion of an easement on Lot 73, Crystal Falls of Vero Subdivision. 8.H. 26th Street - Advance Acquisition of Right -of -Way 2625 58th Court, Vero Beach, FL 32966 Owner: Thomas G. Crouch & Therese B. Crouch Approved staffs recommendation 8.1. Award of Bid No: 2019054 - Dunes and Lakes Courses Golf Cart Concrete Path Repairs Approved staffs recommendation 8.J. Release of Demolition Lien Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS 4 A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Doug Bournique (Clerk's Note: This item was added to the agenda.) Doug Bournique, 1145 Pegasus Place, spoke on the anticipated tourism at the Fellsmere Water Management Area, and requested a letter of support from the Board to be sent to Dr. Ann Shortell, Executive Director, St. John's River Water Management District, for the Boat Ramp Project. It was the consensus of the Board that the Chairman would execute a letter of support to Dr. Ann Shortell. Presented C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Scheduled Executive Session: Indian River County Sheriff Deryl Loar has scheduled an Executive Session with the Board of County Commissioners on May 28, 2019, at 9:30 a.m., about the Indian River County Sheriffs IUPA Collective Bargaining Agreement. This meeting is Exempt from F.S. 286.011 requirements, and is not a Public Meeting. No Action Taken or Required 10.C.2. Public Notice of Public Hearing Scheduled for June 11, 2019: County Initiated Request to Amend (Update) the Text of the Capital Improvement and Transportation Elements of the County's Comprehensive Plan (Legislative) County Attorney Dylan Reingold read the Public Notices into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 5 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12.G.1 Utility Construction Standards, May 2019 Director of Utility Services Vincent Burke presented the May 2019 Utility Construction Standards Update. He made mention that the proposed revisions were sent to local developers and engineering firms for feedback via email on February 20, 2019. He concluded that no comments have been received to date. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 12.G.2. West Regional Wastewater Treatment Facility Hydro Cleanse Installation and Upgrades Director of Utility Services Vincent Burke used a PowerPoint Presentation to deliver the pilot program test results from the new technology Hydro International GritCleanse unit, and noted that the pilot program was provided by Moss Kelly International (MKI Services) and Hydro International at no cost to the County as a possible alternative to repairing the two SlurryCup/Grit Snail units. Director Burke reported the benefits of cleaner and dryer grit and the reduced level of organic material in the final product. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 6 12.G.3. North Sebastian Septic to Sewer (S2S) Phase 1, Final Completion and the adoption of Resolution No. IV Through the use of a PowerPoint Presentation, Utility Services Director Vincent Burke presented the history of the North Sebastian Septic to Sewer Phase 1 Project, along with providing the details of the Impact Fee Incentive Schedule and the optional financing, to be mailed to the benefitting property owners via certified mail following the Board's approval. Commissioner O'Bryan made mention that the project came in under the budgeted amount, and commended the work of Director Burke and his staff, and Timothy Rose Contracting, Inc. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation and Resolution 2019-037, certifying "as -built" costs in connection with a sewer main extension to serve certain properties along the east side of U.S. Highway 1 between 13230 and 14410 U.S. Highway 1, and including 12920 and 12950 U.S. Highway 1 within the unincorporated boundary of Indian River County; and certain properties along the east side of U.S. Highway 1 within the municipal boundary of the City of Sebastian between 13100 and 1614 U.S. Highway 1, including certain properties along Jackson Street, Madison Street, Davis Street, N. Central Avenue (South of Jackson Street) and including 1637 and 1727 N. Indian River Drive (North Sebastian Septic to Sewer [S2S] Phase 1 Project); providing for formal completion date and date for payment without penalty and interest. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Brvan E. Commissioner Tim Zorc Commissioners Open Dialogue 7 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. Approval of Affiliation Agreement Renewal between Eastern Florida State College and Indian River County Emergency Services District: A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15.6.1. Approval of Minutes Meeting of March 26, 2019 A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve the Meeting Minutes of March 26, 2019. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.B.2. Work Order No. 1 to Kessler Consulting, Inc., for Solid Waste Composition Study (Clerk's Note: This item was deleted from the agenda.) Deleted C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 9:35 a.m. 8 FILED 6/27/2019 DOCUMENT NO. 05197-2019 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Request :for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20190087 -El ORDER NO. PSC -2019 -0254 -CO -EI ISSUED: June 27, 2019 CONSUMMATING ORDER By Order No. PSC -2019 -0218 -PAA -EI, issued June 3, 2019, 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 -2019 -0218 - PAA -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 27th day of June; 2019. A AM J. EITZ ' AN C o mmissi n Clerk Florida Public Service Commission 25.40 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www:floridapsc.com Copies furnished: A copy .of this document is provided tothe parties of record at the time of issuance and, if applicable, interested persons. KMS 7,A. ORDER NO. PSC -2019 -0254 -CO -EI DOCKET NO. 20190087 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. gq FILED 7/2/2019 DOCUMENT NO. 05295-2019 FPSC - COMMISSION CLERK1 BEFORETHE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20190048 -El ORDER No. PSC -2019 -0269 -CO -EI ISSUED: July 2, 2019 CONSUMMATING ORDER By Order No. PSC -2019 -0222 -TRF -EI, issued June 3,2019, 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 -2019 -0222 - TRF -E1 has become effective and final. It is further JSC ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 2nd day ofJuly, 2019. ADA, AN Corn fission Jerk Florida Publi Service Commission 2540 Shumard Oak Boulevard Tallahassee, IFl�rida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this •document is provided to The parties of record at the time of issuance and, if applicable, interested persons. ORDER NO. PSC -2019 -0269 -CO -EI DOCKET NO. 20190048 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. �tq. 8-�I FILED 7/2/2019 DOCUMENT NO. 05295-2019 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power & Light Company. BY THE COMMISSION: DOCKET NO. 20190048 -El ORDER NO. PSC -2019 -0269 -CO -EI ISSUED: July 2, 2019 CONSUMMATING ORDER By Order No. PSC -2019 -0222 -TRF -EI, issued June 3, 2019, 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 fled to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2019 -0222 - TRF -EI has become effective and final. It is further JSC ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 2nd day of July, 2019. ADA T AN Com ission C lerk Florida Publi Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is. provided to the parties of record at the time of issuance and, if applicable, interested persons. ORDER NO. PSC -2019 -0269 -CO -EI DOCKET NO. 20190048 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. / o ' FILED 7/1/2019 DOCUMENT NO. 05284-2019 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. DOCKET NO. 20190082 -EQ ORDER NO. PSC -2019 -0265 -PAA -EQ ISSUED: July 1, 2019 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 QS -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 each investor-owned utility (IOU) to continuously offer to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Commission 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 revised 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 1, 2019, Florida Power & Light Company (FPL) filed a petition for approval of its revised standard offer contract and rate schedule based on its 2019 Ten -Year Site Plan. We have jurisdiction over this standard offer contract pursuant to Sections 366.04 through 366.055, and 366.91, F.S. Review Section 366.91(3), F.S., and Rule 25-17.250, F.A.C., require 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 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 2 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 has identified a 1,886 megawatt (MW) natural gas-fired combined cycle (CC) as its next fossil - fueled generating unit in its 2019 Ten -Year Site Plan. The projected in-service date of this unit is June 1, 2026. We believe this unit is sufficient as the avoided unit for standard offer purposes; however, FPL's projected reliability need in 2026 is only 106 MW. We note that approval of a standard offer contract is not an approval to construct future generating units. 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 the 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, 2026), and thereafter, begin receiving capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the operator will begin receiving capacity payments earlier than the in-service date of the avoided unit. However, payments made under the early capacity 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 contains FPL's estimates of the annual payments for each payment option available under the revised standard offer contract to an operator with a 50 MW facility, operating at a capacity factor of 94 percent, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin with the projected in-service date of the avoided CC unit (June 1, 2026). ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 3 Table 1 - Estimated Annual Payments to a 50 MW Renewable Facility 94% Caaacity Factor Year Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized $(000) $(000) $(000) $(000) $(000) 2020 8,328 - - - - 2021 7,973 - - - - 2022 7,790 - - 2,059 2,439 2023 8,020 - - 2,110 2,439 2024 8,920 - - 2,163 2,439 2025 10,151 - - 2,217 2,439 2026 10,696 3,270 3,746 2,272 2,439 2027 11,045 3,352 3,746 2,329 2,439 2028 11,213 3,435 3,746 2,387 2,439 2029 11,663 3,521 3,746 2,447 2,439 2030 12,237 3,609 3,746 2,508 2,439 2031 12,943 3,700 3,746 2,571 2,439 2032 13,837 3,792 3,746 2,635 2,439 2033 13,592 3,887 3,746 2,701 2,439 2034 13,972 3,984 3,746 2,769 2,439 2035 13,261 4,084 3,746 2,838 2,439 2036 13,353 4,186 3,746 2,909 2,439 2037 14,435 4,290 3,746 2,981 2,439 2038 13,925 4,398 3,746 3,056 2,439 2039 15,361 4,508 3,746 3,132 2,439 Total 232,717 54,015 52,442 46,084 43,897 NPV (2020$)' 106,878 20,069 20,069 20,068 20,067 Source: FPL's Response to Staff's First Data Request FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A of this Order. Revisions include updates to the avoided unit, dates, and payment information which reflect the current economic and financial assumptions for the avoided unit costs. 'Differences due to rounding. 2Document No. 03715-2019, filed April 15, 2019, in Docket No. 20190082 -EQ. ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 4 Decision Upon review, we find that the provisions of FPL's revised renewable energy tariff and standard offer contract conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. FPL's revised 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. Thus, FPL's revised renewable energy tariff and standard offer contract are hereby 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 hereby 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 this docket shall be closed upon the issuance of a consummating order, unless a person whose substantial interests are affected by the Commission's decision files a protest within 21 days of the issuance of the Commission's Proposed Agency Action Order. *B-10 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 5 MAD By ORDER of the Florida Public Service Commission this 1st day of July, 2019. Jjj- !AMJ TEIT ommi .ion Florida ' ublic ervice 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(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 22; 2019. In the absence of such 'a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 6 FLORIDA POWER & LIGHT COMPANY Attachment A IglffenthTwelfh Revised Sheet No. 9.030 Cancels T-ethEieventh Revised 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 PL_ANNED POWER PURCHASE 012026 AVOIDED UNIT) THIS STANDARD OFFER CONTRACT (the "Contract") 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 13, Pay for Performancc.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 Mims of this Contract, Section 366:91, Florida Statutes, andlor 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 agreements) 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 Finn Capacity and Energy froma Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW or less; and WHEREAS, the Facility is capable of delivering fine capacity and energy to FPL for the term 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 SheetNo. 9.031) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 52018 1 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 7 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.031 Cancels First Sheet No. 9.031 Issued by: S. E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 qci.b- (Continued from Sheet No. 9.030) I. QS Facility The QS contemplates, installing operating and maintaining a KVA generating facility located to The is only Facility in and and (2), and for to have no except as at (hereinafter called the "Facility'). The Facility is designed to 85% leading power factor. produce a maximum of kilowatts ("KW ") of electric power at an 15% lagging Facility's location and generation capabilities are as described in the table below. TECHNOLOGY ANI) GENERATOR CAPABILITIES Location: Specific legal description (e.g., metes and bounds or other legal description with Street address required) Cid' County: 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 <100HW cogenerator) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capability (KW) Minimum Load Peaking Capability Net Output (KW) Power Factor (%) Operating Voltage (kV) PeakInternal Load h'W The following sections (a) through (e) are applicable to Renewable Energy Facilities ("REFS') and section (e) applicable to Qualifying Facilities with a desien capacity of 100 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 to produce energy for sale to FPL during the terns of this Contract "shall be such sources as are defined provided for pursuant to Sections 366.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.210(1) F.A.C.; (ii) Fossil fuels shall be limited to the minimum quantities necessary for start-up, shut -down operating stability at minimum load; and (iii) the REF is capable of generating the amount of capacity pursuant Section 5 of this 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 .obligation to pay for, any electrical energy produced by the Facility from a source of fuel or power specifically provided for in paragraph 1(a) above. (Continued on Sheet No. 9.032) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: July 13, 2017 qci.b- ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 8 FLORIDA POWER & LIGHT COMPANY Attachment A W-IliFteeitikFourteerith Revised Sheet No. 9.032 CancelsTwelfthThirteenth Revised Sheet No. 9.032 (c) (d) (e) (Continued from Sheet No. 9.031) If the QS is a REF, the QS shall, on an annual basis and within thirty (30) days after the anniversary date of this Contract and on an annual basis thereafter for the term nfthis Contract: deliver to FPL a report certified by an of6rer ofthe QS: (1) stating the 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 fear'); and (iii) verifying that one hundred percent (100%) of all energy sold by the QS to FPL during the Contract Year complies with Sections 1(a) and (b) of this Contract. If the QS is a REF, the QS represents and warrants that the Facility meets the renewable energy requirements of Section 366.91(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 suehrequircments throughout the Merin of this Contra -et. FPL shall have the right at all tinies to inspcet iii. Facility ..and to eaamirte anybooks, records, or other documents of tiOS that FPL deems neces;ary to verify that the Facilitymecti such requirements. The Facility (i) has been certified or has self -certified as a "qualifying facility" pursuant to the Regulations of the Federal EneigyRegulatoryConimissien ("FERC'.'), or(ii) has been certified bythe FPSC as a "qualifying facility" pursuant to Rule 25-17.080(1). A QS that is a qualifying facility with a design capacity of less than 100 KW shall maintain iite "qualifying status" of the Facility throughout the term of this Contract. FPL shall have the right at all times to inspect the Facility and to exsuusne any books and records or other documents of the Facility that FPL deems 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 FPL a certificate signed by an officer of the QS certifying that the Facility has continuously maintained qualifying status. ern of Centrad Except as otherwise_ provided hccin, this Contract shall become effective immediately upon its execution by the Parties (the "Effective Date') and shall have the termination tate stated in Appendix E. unless terminated earlier in accordance with the provisions hereof Notwithstanding the foregoing, if the Capacity Delivery Date (as defined in Section 5.5) of the Facility is not accomplished by the in- service date of the avoided unit, or such later date as may be pentiitted by FPL pursuant to Section 5 ofthis Contract, FPL will be permitted to temunate this Contract consistent with the terns herein without further obligations, duties or liability to the QS. Minimum Specifications Following are the namrnurn specifications pertaining to this Contract 1. The avoided unit ("Avoided Unit") options on which this Contract is based are detailed in Appendix A, Tariff She 10:311 ah-s'gh 1&11.3.;, 2. This offer shall expire on April t, 200 2020. 3. The date by which firm capacity and energy deliveries from the QS to FPL shall commence is the in-service date of the Avoided Unit (or such later date as maybe permitted by FPL.pursuant to Section 5 of this contract) unless the QS chooses a capacity payment option that provides for early capacity payments pursuant to inc terms of this Contract 4. The period of lime over which fun capacity and energy shall be delivered from the QS to FPL is as specified in Appendix E; provided, such period shall be no lcssthan a minimum often (10) years after the in-service date of the Avoided Unit. 5. The following are the mlit performance ance standards for the delivery affirm capacity and energy by the QS to qualify for full capacity payments under this Contract Availability On Peak " All Hours .94.0% 94.0% a QS Performance and On Peak hours shall he as measured andfor described in FPL's RateScheduleQS-2 attached hereto as Appendix A (Continued on Sheet NO. 9.032.1) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 281,8 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 9 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.032.1 Cancels Original Sheet No. 9.032.1 (Continued from Sheet No, 9.032) 3.2 QS, at no cost to FPL, shall be responsible to: 33.1 resign, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and governmental approvals, any requirements of warranty agreements or similar agreements, prudent industry practice, insurance policies, and the Interconnection Agreement or Wheeling Agreement. 33:2 Perform all studies, pay all fres, obtain all necessary approvals and execute all necessary agreements (including the Interconnection Agreement or the Wheeling Agrccntrnt(s)) in order to schedule and deliver the firm capacity and energy to FPL. 33.3 Obtain and maintain all permits, certifications, licenses, consents or approvals of any governmental or regulatory authority necessary for the construction, operation, and maintenance of the Facility (the "Ptmtits"). QS shall keep FPL reasonably informed as to the status of its permitting efforts and shall promptly infonn FPL of any Permits it is unable to obtain, that are delayed, limited, suspended, terminated, or otherwise constrained in a way 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 of the Facility's site, for theTerm of the Contract. 3.2.5 Complete all environmental impact studies and comply with applicable environmental laws necessary for the construction, operation, and maintenance of the 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 finalihing design of the Facility and before beginning construction work based on such specifications and drawings, provided FPL's review of such specifications and design shall not be construed as endorsing the specification, and designthereof or as any express or implied warranties including performance, safety, durability or reliability of the Facility. QS shall provide to FPL reasonable advance notice of any changes in tl>r Facility and provide to FPL spccihcations and design drawings of any salt. changes.. 3.27 Within fifteen (15) days after the close of each month from the first month following the Effective Date until the Capacity Delivery Date, provide to FPL a monthly progress report (ut a form reasonably satisfactory to FPL) and agree to regularly scheduled meetings behvicen representatives of QS and FPL lo review such monthly reports and discuss QS's construction progress. The Monthly Progress Report shell indicate whether QS is on target to meet the Capacity Delivery Date. If, for any reason, FPL has reason to Mimic that QS may fail to achieve time Capacity Delivery Date, then, upon FPL's request, QS shall submit to FPL, within ten (10) business days of suchrequest, 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 ofe 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 burin ss hours upon reasonable notice, or obtain copies of all Permits held by QS. 3.3.2 Consistent with Section 3.2.6. notify QS in Writing of the results of the review within thirty (30) days of FPL's receipt of all specifications for the Facility, including a description of any flaws perceived by FPLin 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 10 6 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 10 FLORIDA POWER & LIGHT COMPANY Attachment A Ninth Revised Sheet No. 9.033 Cancels Eighth Sheet No. 9.033 (Continued from Sheet No. 9.032.1) 4. Sate of Energy and Capacity by the QS 4.1 Consistent with the terms hereof, the QS shall sell and deliver to FPL and FPI; shall purchase and receive from the QS at the Delivery Point (defined below) all of the energy and fine capacity generated by the Facility. FPi, shall have the sole and exclusive right to purchase all energy and capacity produced by the 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 nosuch 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 of PPL 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 from the. Facility to the FPL system, as specifically described in the applicable Wheeling Agreement, or (b) the point of interconnection between the Facility and FPL's transmission system, as specifically described in the interconnection Agreernent. 4.2 The QS shall not rely on interruptible standby service for the strut 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 oldie Facility. 4.4'fhc QS shall be responsible for all interconnection, electric losses, transmission and ancillary service arrangements and costs required to deliver, on a fimi basis, the firm capacity. and energy from the Facility to the Delivery Point. 5. Committed Capacily/Capacity Delivery Date 5.1 The QS commits to sell and deliver firm capacity to FPI, at the Delivery Point, the amount of which shall be determined in accordance with this Section 5 (the "Committed Capacity"). Subject to Section 5.3 the Committed Capacity shall be KW, delivery date no later than the in-service date of the Avoided Unit or as otherwise specified in Appendix B (Ore `Guaranteed • Capacity Delivery Date'). 5.2 Testing of the capacity of the Facility (each such te.,7, a "Committed Capacity Test') shall be performed in accordance with the procedures set forth in Section 6. The Demonstration Period (defined herein) for line first Cormnitted Capacity Test shall commence no earlier than 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 Guaranteed Delivery Date. The first Committed Capacity Test shall be deemed successfully completed when the QS demonstrates to FPL's satisfaction that the Facility ran make available capacity of at least one hundred percent (100%)1 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 of the Contract. 5.3 FPL shall have the right to require the QS, by notice no less than ten (10) business days prior to such proposed test, to validate the 'Committed Capacity of the Facility by means of subsequent Committed Capacity Tests as follows: (a) once pet each Summar period and Mice per each Winter period at FPL's sole discretion,(b) at any tine the 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 (the "ACBE"), equal to or greater than 70° o. The results of any such test shall be provided to FPL within seven (7) days of the conclusion of such test. On and after the date of such requested Committed Capacity Test, and until the completion (la subsequent Committed Capacity Test, the Corronitted Capacity shall be deemed as the lower of the tested capacity or the Committed Capacity as set forth in Section 5,1. 5.4 Notwithstanding anything to the contrary herein, the Committed Capacity shall not exceed the amount set forth in Section 5.1 without the prior written consent of FPL, such consent not unreasonably withheld. 5.5 The "Capacity Delivery Date" shall be defined as the first calendar day immediately atter the date following the last to occur of (a) the Facility's successfid completion of the first Committed Capacity Test but no earlier than the commencement date for deliveries of firm capacity and energy (as such is specified in Appendix E) and (b) the satisfaction by QS of the following Delivery Date Conditions (defined below). (Continued on Sheet No. 9.033.1) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 11 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 9.033.1 (Continue from Sheet No. 9.033) 5.5.1 A certificate addressed to FPL from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating: (a) the nameplate capacity rating of the Facility at the anticipated time of commercial operation, which must be at least 94% of the Expected Nameplate Capacity Rating, (b) that the Facility is able to generate electric energy reliably in amounts expected by this Agreement and in accordance with all other terms and conditions hereof; (c) that Start -Up Testing of the Facility has been completed; and (d) that, pursuant to Section 8.4, all system protection and control and Automatic Generation Control 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 requirements of the Interconnection Agreement, that: (a) all required interconnection facilities have been constructed; (b) all required interconnection tests have been completed; and (c) the Facility is physically interconnected with the System in conformance with the Interconnection Agreement and able to deliver energy consistent with the terms of this Agreement. 5.5.3 A certificate addressed from a Licensed Professional Engineer (reasonably acceptable to FPL in all respects) stating that QS has obtained or entered into all permits and agreements with respect to the Facility necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements"). QS must provide copies of any or all Required Agreements requested by FPL. 5.5.4 An opinion from a 'law firm or attorney, registered or licensed in the State of Florida (reasonably acceptable to FPL in all respects), stating, after 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 of or subject to any liability under any applicable law; and (c) QS has duly filed and had recorded all of the agreements, documents, instruments, mortgages, deeds of trust, and other writings described in Section 9.7. 5.5.5 FPL has reccivcd the Completion/Performance Security ((a) through (e), the "Commercial Operation Conditions"). FPL shall have ten (10) Business Days after receipt either to confum to QS 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 Unit (or such later date permitted by FPL pursuant to the following sentence). If the Capacity Delivery Date does not occur on or before the Guaranteed Capacity Delivery Date, FPL shall be entitled to the Completion/Performance Security (as set forth in Section 9) in full, and in addition, has the right but not the obligation to allow the QS up to an additional five (5) months to achieve the Capacity Delivery Date. If the QS fails to achieve the Capacity Delivery Date either by (a) the Guaranteed Delivery Date or b) such later date as permitted by FPL, FPL shall have no obligation to make any capacity payments under this Contract and' FPL will be permitted 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: June 5, 2018 (0- ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 12 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.034 Cancels First Sheet No. 9.034 (Continued from Sliot No. 9.033) 6. Testing Procedures 6.1 The Conunitted 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 Test, shall be, selected and scheduled by the QS by means of a 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 manufacturer(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 Coni» tted Capacity Test Period may commence earlier than such time in the event that FPL is notified 0C and consents to, such earlier time. 6.3 For the avoidance of doubt, 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. 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 nct capacity (generator output minus auxiliary) measured over the Committed Capacity Test Period. 6.5 The Corm -tatted 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 Test shall be submitted to FPL by the QS within seven (7) days ofthe conclusion of the Committed Capacity Test. 7. 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 FPL's approved Rate Schedule QS -2, attached hereto as Appendix A, as it may be amended froth time to time and pursuant to the election of energy payment options as specified in Appendix E. The Parties 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 d>~ QS for the firm capacity described in Section 5 in accordance with the rates and procedures contained in Rate Schedule QS -2, attached hereto as Appendix A, as it maybe 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 lithe 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 he changed during the term 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 bitting period. A statement of the kilowatt-hours sold by the QS and the applicable avoided energy rate at which payments are being made shall accompany the payment to the QS. (Continued on Sheet No. 9.035) Issued by' S E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 13 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.035 Cancels First Sheet No. 9.035 (Continued from Sheet No. 9.034) R. 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 1 of each calendar year thereafter, tie 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 1)elivery Point for each month of the following calendar year, and (b) the time, duration end magnitude of any scheduled maintenance periods) and any anticipated reductions in capacity. 8.2 Fay October 31 of each calendar year, FPL shall notify the QS in writing nfiethes the requested scheduled maintenance periods in the detailed plan are acceptable. If FPL objects to any of the requested scheduled maintenance periods, FPL shall advise the QS of the tune period closest to the requested periods) 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 Party 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 ctnys 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 1 through and including October 31st and Deceniber 1 through and including February 28 (or 29th as the case may be). 83 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. 8.4 Dispatch and Control 8.4.1 The power supplied by the QS hereunder shall be in the fern) 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 85% leading as measured at the Delivery Point to maintain system operating parameters, as specified by FPL. 8.4.2 At all times during the term villas Contract, the QS shall operate and maintain the Facility: (a) in such a mariner 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 syetcnr. The QS shall install at the Faoility 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 of the Facility'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. 8.43 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 coetdinating such with FPL. If the 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) hours a calendar day and seven (7) calendar days a week. lithe Facility has a Cormnited Capacity equal to or less Ulan 10 MW then the QS shall ensure that operating personnel are on duty at i cast eight (8) hours per day from 8 AM EST to 5 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 of energy, to the exient 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 of electric service to FPL's customers. FPL shall give the QS prior notice, if practicable, of its intent to refuse, curtail or reduce FPL's acceptance of energy and firm capacity pursuant 'to this Section and will act to minimize the frequency and duration of such occurrences. (Continued on Sheet No. 9.036) Issued by S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 14 FLORIDA POWER & LIGHT COMPANY Attachment A Third Revised Sheet No. 9.036 Cancels Second Sheet No. 9.036 (Continued from Sheet No. 9.035) 8.4.6 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 eircunstances, the purchase or receipt of such energy would result in FPL's incurring costs greater than those • which it would incur if it did not make such purchases. At example of such an occurrence would he a period during which the load being served is such that the generating units on line are 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 pealing -type generation. FPL shall give the QS as much prior notice as practicable of its intent not to purchase or receive energy and firm capacity pursuant to this Section. 8.4.7 lithe Facility has a Committed Capacity less than 75 MW, control, scheduling and dispatch of firm capacity and energy shall be the responssibility of the QS. if the Facility has a Committed Capacity greater than or equal to 75 MW, then control, scheduling and dispatch of firm capacity and energy shall be the responsibility of the QS, except during a "Dispatch Hour", i.e., any clock: hour for which 'FPL requests the delivery of such capacity and energy. luring any Dispatch Hour. (a) control of the Facility will either be by Seller's manual control under the direction of FPL (whether orally or in writiri) or by Automatic Generation Control by FFL'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 FPL require the real power output of the Facility to be below the Facility's Minimum Load without decommitting the Facility. The Facility shall deliver the capacity, and energy requested by FPI, within minutes, taking into account the operating limitations of the generating equupmcnt as specified by the manufacturer, provided such time period specified herein is considered reasonable by prudent industry standards for the technology and equipment being utilized and assuming the Facility is operating at or above its Minimum Load. Start-up time from Cold Shutdown and Facility Turnaround time front Hot to ]dot will be taken into consideration provided such arc 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 arc set forth in Appendix D, Section IV of Rate Schedule QS -2. 8.4.8 If the Facility has a Committed Capacity of less than 75 MW, FPI. may require during certain periods, by oral, written, or electronic notification that the QS rause the Facility to reduce output to a level below the Committed Capacity but not lower than the Facility's Minimum Load. FPL 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. 8.4.9 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 for breach of any covenant of good faith and fair deding. 9. CompletionTcrfarmance Security The security contetrgilated by this Section 9 constitutes security for, but is not a limitation of, QS's obligations hereunder and shall not be FPL's exclusive remedy for QS's failure to perform in accordance with this Agreement_ 9.1 As security for the achievement of the Guaranteed Capacity Delivery Date and satisfactory performance of its obligations hereunder, the QS shall provide FPL either: (a) an unconditional, irrevocable, standby letter of credit(s) with an expiration date no earlier than the end of the first (let) anniversary of the Capacity Delivery Date (or the next business day thereafter), issued by a U.S. commercial but or the U.S. blanch of a foreign bank having a Credit Rating of A- or higher by S&P or A3 or higher by Moody's (a "Qualified Issuer"), in form and substance acceptable to FPL (including provision.; (i) permitting partial and full draws and (ii) permitting FPL to draw in full if •such letter of credit is not renewed or replaced as required by the terns hereof at least thirty (30) business days prior to its expiration date) ("Letter of Credit"); (Ir) a bond, issued by a financially sound .Company acceptable to FPL and in a font and substance acceptable to FPL, ("Bond'); or (c) a cash collateral deposited with FPL ("Cash Collateral") (any of (a), (b), or (c), the "CotnplelionfPerfomumee Security'). completion/Perfomiance Secuiity shall be provided in the amorist and by the date listed below. (a) 850.00 per kW (for the number of kW of Committed Capacity set forth in Section 5.1) to be delivered to FPL within five (5) business days (tithe Effective Date; and (b)S 100.00 per kW (for the number of kW of Committed Capacity set forth m Section 5.1) to be delivered to FPL two years before the Guaranteed Capacity Delivery Date. "Credit Rating" means with respect to any entity, on any date of determination, the respective ratings then assigned to such entity's unsecured, senior long-term debt or deposit obligations (not supported by third patty credit enhancement) by S&P, Moody's or other specified rating agency or agencica or if such entity sloes 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. (Continued on Sheet No. 9.037) Issued by Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 15 FLORIDA POWER & LIGHT COMPANY Attachment A Ninth Revised Sheet No, 9.037 Cancels Eighth Revised Sheet No. 9.037 (Continued from Shoot No. 9.036) "Moody's" means Moody's Investors Service, Inc. or its successor. "S&P' means Standard & Poor's Ratings Group (a division of The McGraw-Hill Companies, Inc.) or its successor. 9.2 The specific security instrument provided for purposes of this Contract is: ) Letter of Credit. O Bond. ( ) Cash Collateral. 9.3 FPL shall have the right to monitor (a) the financial condition of the issuer of a Letter of Credit in the event any Letter of Credit is provided by the. QS, and (b) the insurer, in the case of any Bond. In the event the issuer of a Letter of Credit no longer qualifies as Qualified Issuer or the issuer of a Bond is no longer financially sound, PPL may require the QS to replace the Letter of Credit or the Bond, as applicable. Such replacement Letter of Credit or bond must be issued by a Qualified Issuer or a financially issues, as applicable, within ten (10) business days following written notification to the QS of the requirement to replace. Failure by the QS to comply with the requirements of this Section 9.3 shall be grounds for FPL to draw in full on the existing Letter 'of Credit or bond and to exercise any other remedies it may have hereunder. 9,4 Notwithstanding the foregoing provisions of this Section 9, pursuant to FPSC Rule 25-17.091(4), F.A.C., a QS qualifying as a "Solid Waste Facility" pursuant to Section 377.709(3) or (5), F.S., respectively, may use an unsecured written Commitment or promise to pay in a Mitt reasonably acceptable to FPI., by the local goys i musnt which owns 1lie,Facility 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 FPL shall be entitled to draw the Completion/Perforntance Security to satisfy any obligation or liability of QS arising pursuant to this Contract. 9.5.1 if the QS fails to achieve the Capacity Delivery Date on or before the in-service date of the Avoided Unit or such later date as permitted by FPL pursuant to Section 5.6, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one - hundred (100%) of the Completion Performance Security as liquidated damages free from any claim or right of any nature whatsoever of the QS, including any equity or right of redemption by the QS. The Patties acknowledge that the injury that FPL will suffer as a result of delayed availability of Committed Capacity and energy is ditiioult to ascertain and that FPL may'accept such sums as liquidated damages and resort to any other remedies Which rosy be aaaitable to it under law or in equity. 9.5.2 In the event that FPL requires the QS to perform one or more Comniitted Capacity Test(s) at any time on or before the first anniversary of the Capacity Delivery Date pursuant to Section 5.3 and, in connection with any such Committed CapacityTest(s), the QS fails to demonstrate a Capacity of at least one -hundred percent (100%) of the Contn fitted Capacity set fords in Section 5.1, FPL shall be entitled immediately to receive, draw upon, or retain, as the case may be, one -hundred percent (100%) of the.Conpletion/Performance Securityas liquidated damages free from any claim or right of any:natuue whatsoever of the QS, including any equity.or right of redemption by the QS. 9.5.3 QS shall promptly, but in rro event more tram five (5) business days following any draws on the Completion/Performance Security, replenish the Completion/Pcrfomtance Security to the amounts required herein. 9.6 The QS, as the Pledgor of the Completion/Performance Security, herchy pledges to FPL, as the secured Party, as security for the achievement of the Capacity Delivery Date and satisfactory performance of its obligations hereunder, and grants to FPL a first priority continuing security interest in, hen On and right of act -of against all Completion/Porforrnancc Security transferred to or received by FPL hereunder. Upon the transfer or return by FPL to the QS of Completicm/Perforritance Security, the security interest and lien granted hereunder on that Completion/Performance Security will be relcascd imiricdiatcly snit, to the estcutt Feasible, without any further action by either party. (Continued on Sheet No, 9.038) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 16 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.038 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 leen paid with respect to Cash Collateral held by FPL (all efwhich may be retained by FPI.), FPL will transfer to the QS on a monthly basis the Interest Amount, es calculated by FPL. "Interest Amount" meant, with respect to each monthly period, the aggregate stmt of the amotmts of interest calculated for each day in that monthly period on the principal amount of Cash Collateral held by FPL on 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 (2) 360. "interest Rate" means: the Federal Funds Overnight rate as from time to time in effect. "Femoral Funds Overnight Rate" means, for the rcicvant determination date, the rate opposite the caption "Federal Funds (Effective)' as set forth for that day in the weekly statistical release designated as 11.15 (519). or any successor publication, published by the Board of Governors of the Federal Reserve System. If on the detennination date such rate is not yet published in 13.15 (519), the rate for that date will be the rate set in Composite 3:30 P.M. Quotations for U.S. Government Securities for that day under the caption "Federal Fluids/Effective Rale." If on the determination date such rate is not yet published in either 14.15 (519) or Composite 3:30 P.M. Quotations for 11.S. Govemmcnt Securities, the rate for that date will be determined as ifthc Parties had specified "USD -Federal Funds -Reference Dealers" as the applicable rate. 10. Termination Fee 10.1 In the event that the QS receives capaeity 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 suet' 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 he liable to FPI. 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. FOL shall provide the QS, on a monthly basis, a calculation of the Termination Fee. 10:1.1 The Termination Fcc shall he secured (with the exception of governmental solid waste facilities covered by FPSC Rule 2547.091 in which case the QS may use an unseated 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 b1 (a) an unconditional, irrevocable, standbyletter(s) of credit issued by Qualified Issuer in forth 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 fort and substance acceptable to FPL, ('Temruration Fee Bond"); or (c) a cash collateral deposit with FPL ("Fcmtination 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 of Credit ( ) 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 Leber of Credit and (ii) the insurer(i), in the case of any Termination Fee Bond. In the event the issuer of a Temninatien Fee Letter of Credit is no longer a Qualified Issuer or the issuer of a Termination Fee Bond is no longer financially sound, FPL "nay require the QS to replace the Tenuinalion Fee Letter of Credit 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 of Credit or Termination Fee Bond, as applicable, must be issued by a Qualified Issuer or financially sound company within ten (10) business days following such notification. Failure by the QS to comply with the requirements of this Section 10.1.2 shall be grounds for FPL to draw in frill on any existing Termination Fee Letter of Credit or Termination Fee Bond and to exercise any other remedies it niay have hereunder. (Continued on Sheet No. 9.039) Issued by S. E. Romig, Director,' Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 17 FI.ORTDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.039 Cancels Original Sheet No. 9.039 (Continued from Shot No. 9.0311) 10.1.4 After the close of each calendar quarter (March 31, June 30, September 30, and December 31) occurring subsequent to the C--apacity Delivery Date, the QS shall provide to FP1, within ten (10) badness days of the close of such calendar quarter with written assurance and documentation (the "Security Documentation'), in fonts and substance acceptable to FPL, that the amount of the most recently provided Termination Security is sufficient to cover the balance of the Temtination 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 10.13 shall be grounds for FPL to 'draw in full on any existing Termination Fee Letter of Credit or Temtination 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 Terruination Fee that may be due and owing to FPL or that may in the future he due and Owing to FPI.. 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 Tennlnation Fee Letter of Credit or Temination Fee Bond, draw upon such Termination Fee Letter of Credit or Termination Fe: Bond) and retain one- hitnrlrcd percent (100%) of the Termination Security to be applied against any Termination Fee that may be dire 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 atter liquidation, set-off andtor application under this Ankle after nusfaciion in full of all amounts payable by the QS with respect to any Termination Fee or other obligation.; due to FPL; the QS in all events will remain liable fcii arty amounts remaining unpaid after any liquidation, set-off andlor application under this Artiele. 10.2 The QS, as the Pledgor of the Termination Security, hereby pledges to FPL, as the secured Party, 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 Temtination Security transferred to or received by FPL hereunder. Upon the transfer or return 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 (all of which maybe retained by FPL), FPI. will transfer to the QS on a monthly basis the Interest Amount, Pursuant to Section 9.7. 11. Performance Factor FPL desires to provide an incentive to the QS to operate the Facility during on -peak and off-peak periods in a manner which approximates the projected perfortcamce of FPL`s Avoided Unit. A forula 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 -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 18 FLORIDA POWER & LIGHT COMPANY Attachment A Fourth Revised Sheet No. 9.040 Cancels Third Revised Sheet No. 9.040 (Continued from Sheet No. 9.039) 12. Default Notwithstanding the occurrence of any Force Majeure es described in Section 16, each of the following shall constitute an Event of Default: 12.1 The QS fails to meet the applicable requirements specified in Section 1 of this 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 FPI,.; 12.3 After the Capacity Delivery Date, the.Faeility fails, for twelve (12) consecutive months, to maintain an Annual Capacity Billing Factor, -as described in Appendix 13, of at least 70%.; 12.4 The QS fails to comply with any of the provisions of Section 9.0 hereof (Completion/Performance Security). 12.5 The QS fails to comply with any of the provisions of Section 10.0 hereof (rcmrination Security).; 12.6 The QS ceases the conduct of active business, or if proceedings under the federal banlomptcy 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 part of the QS's asset shall he 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; orit 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 assurance acceptable to FPL of adequate performance as specified tinder this Contract within 30 days atter FPL, with reasonable grounds for insecurity, has requested in writing such assurance-. 12.8 The QS materially fails toperfonn as specified under this Contract, including, but not limited to, the QS's obligations under any part of Sections 8, and 18. 12.9 The QS fails to achieve the pennitting, licensing, certification, and all federal, slate and local governmental environmental and Licensing approvals required to initiate construction of the Facility by no later than one year prior to Guaranteed Capacity Date. 12.10 The QS fails to comply with any of the 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 hnn capacity required to be delivered hereunder or the delivery or sale (Tarty Stich energy and firm capacity to an entity other than FPL. 12.15 The QS fails to perform any material covenant or obligation under this Contract not specifically mentioned in this Section 12. 12.16 if at any time after the Capacity Delivery Date, the :QS redu ccs the Committed Capacity due to an event of Force Majeure and fails to repair the Facility and reset the Committed Capacity to the level set forth in Section 5.1 (as such level may be reduced by Section 5.3) within twelve (12) months fotlowing'the occurrence of such event of Force Majeure. (Continued on Sheet No. 9041) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 (AQ, 2.4 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 19 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.041 Cancels Original Sheet No. 9.041 (Continued from Shat No. 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 Contract, without penalty or fiuther obligation, except as set forth in Section 13.2, by written notice to the QS, and offset against any payment(,) due from FPL to the QS, any monies otherwise due from the QS to FPL; (b) draw on the Completion/Pcrfonnance Security pursuant to Section 9 or collect the Termination Fce pursuant to Section 10 as applicable; and (c) exercise any other rcmedy(ies) which may be available to FPL at law or in equity, 13.2 In the case of an Event of Default, the QS recognizes that any remedy at law inay be inadequate because this Contract 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 assert as a defense to such action that F1'Us 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. Indemnification/Limits 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 other FPL customers. FFL'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 -- Governmental, FPL', General Rules and Regulations of Tariff Sheet No.6.020 each party (the "Indemnifying Party') agrees, to the extort permitted by applicable law, to 'indemnify, ify, pay, defend, and hold harmless the .other party (the `Indemnifying Puny") and its officers, directors, employees, agents and Contractors (hereinafter called respectively, "FPL Entities" and "QS Entities") from and against any and all claims, demands, coats, or expenses for Loss, damage, or injury to persons or property of the Indemnified Party (or to third parties) cursed by, arising out of or resulting from (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 ,}sten (d) the negligence or willful misconduct of the Indemnifying Party or its contractors, agents, servants or employes, or (e) any other event, act or incident, including thc transmission and use of electricity, that is the result of, or proximately caused by, the 'Indemnifying Party or its contractors, agents, servants or employees. 14.2 Payment by an indemnified Party will not be a condition precedent to the obligations of thc Indemnifying Party under Section 14. No Indemnified Party under Section 14 shall settle any claim for which' it claims indcmui fication hereunder without first allowing the indemnifying Party the right to defend such a claim. The Indemnifying Party 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 EPL, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES 011 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, SPECLAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES CONNECTED weal OR RESULTING FROM PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT`, OR ANY ACIIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSE'S OF ACTION FOR BREACH OF CONTRACT, TORT (INCLUDING" NEGLIGENCE ANI) MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, srATtu'1'E OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BF PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT 011 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 LL.BILrTY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCI1 DIRECT DAMAGES SHALL 130 TIIE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND (Continued on Sheet No. 9.042) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 20 FLOI2 llA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.042 Cancels first Sheet No. 9.042 (Continued Goo Sheet Na 9.041) ALL OTHER REMEDIES OR DAMAGES AT IAYV 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 ACTIONS GIVING RISE TO SUCH LIABILITY CONSTITUTE GROSS NEGLIGENCE OR WILLFUL M1SCON17UCT. T11E PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SILALL 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 RIGHT TO SEEK INJUNCTIVE RELIEF. 15. Insurance 15.1 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 least 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 night arise under, or in the performance or nonperformance of; this Contract and the Interconnection Agn'eement, 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 anis safe operating condition. Effective at least fifteen (75) calendar days prior to the synchronization of the Facility with Fig.'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 of the QS and not FPL. 15.2 The QS Insurance shall have a ninimurn limit of one million dollars (51,000,000) per occurrence, combined single limit, for bodily injury (inclining 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. I5.4 To the extent that the QS Insurance is on a "claims made" basis, 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 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 QS Insurance is on an "occurrence` basis, such insurance shall be maintained in effect at all times by thc 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 PPL. The QS shall provide FPI. 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 FPI. 16. Force Majeure Force Majeure is defined as an event or cireinnstance that is riot within the reasonable control ot; 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 ciictrrnstances may include, but are not lirnited to, acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, explosions and fires not originating in the Facility or caused by its operation, hurricanes, floods, strikes, lockouts or other labor disputes, difficulties (not caused by the failure of the affected patty to comply with the terms of a collective bargaining agreement), or actions or restraints by court order or govenuncntal 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 ofariy 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 Force Majeure event; (d)'faihae of the QS to timely apply for or obtain permits. (Continued on Sheet No. 9.043) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 qY ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 21 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.043 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 Force 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 cure for the Force Majeure requires. A party claiming Force Majeure shall not be entitled to any relief therefore unless and until conforming notice is provided. The party claiming Force Majeure shall notify the other party of the cessation of the event of Force Majeure or of the conclusion of the affected party's cure for the event of Force Majeure, in either case within two (2) business days thereof. 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. 16.4 If the QS suffers an occurrence of an event of Force 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 adjusbnent shall be effective the first 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 Majeure, the QS shall tenupomrily set the Committed Capacity equal to 0 KW until such time as the Facility can partially or fully operate at the Committed Capacity that existed prior to the Force Majeure. If the Committed Capacity is 0 KW, FPL shall have no obligation to make capacity payments hereunder. 16.6 It; at any time during the occurrence of an event of Force Majeure or during its cure, the Facility, can partially or fully operate, then the 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 Force Majeure or the conclusion of the cure for the event of Force Majeure, the Committed Capacity shall be restored to the Committed Capacity that existed immediately prior to the Force Majeure. Notwithstanding any other provision of this Contract, upon such cessation or cure, FPL shall have the right to require a Committed Capacity fest to demonstrate the Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPL tinder this Section shall be additional to any Committed Capacity Test under Section 5.3. 16.8 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity tinder 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 thc pay -for -performance provisions in Appendix S. 16.9 The QS agrees to be responsible for and pay the costs necessary to reactivate the Facility and/or the interconnection with FPL'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 cavy on its business as presently conducted, to own of 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. 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 perform its obligations under this Contract or would result in a material liability to or would have a material adverse effect on FPL. (Continued on Sheet No. 9.044) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: August 18, 2009 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 22 FLORIDA POWER & LIGHT COMPANY Attachment A Second Revised Sheet No. 9.044 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 hen 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 world 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 o1; the giving of notice to, the registration with, the recording or tiling 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 requited (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 under 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 oS in default under, or in violation of, any applicable Law, or the provisions of any authorization, or in breach o1 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 parties alleging violations of any environmental law or permit which would materially and adversely affect the operation of fire Facility as contemplated by this Contact. 17.6.2 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 "RECs"), of any description (Continued on Street No. 9.045) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: August 18, 2009 ORDER NO. PSC -2019 -0265 -PAA --EQ DOCKET NO. 20190082 -EQ PAGE 23 FLORIDA POWER & LIGHT COMPANY Attachment A Third Rcviscd Sheet No. 9.045 Cancels Second Revised Sheet No. 9.045 (Continued from Shed No. 9.044) 17.b3 Changes in Environmental and Governmental Regulations If new environmental and other regulatory rtquiremaits enacted during thc tarn of the Contract change CPUs full avoided cost of the unit on which the Contract is based, either party can elect 10 have the contract reopened. 173lnterconnectiorfWhceling Agreement The QS has executed an interconnection agreement with FPL or reprccnLL, or warrants that it has entered into a valid and enforceable Intcrconnettion Agretrntnt with the utility in whom service territory tate Facility is located, pursuant to which the QS astatmes contractual responsibility to make any and all tranniission-related arrangements (including control arca services) bchvean thc QS and the transmitting utility for delivery of the Facility's capacity and anergy to FPL. 17.8 Technology and Generator Capabilities That for the term of this Contract the Technology and Geriantor Capabilities table set forth in Section 1 is accurate and complete. 18. General Provisions 18.1 Project Viability To assist FPL in aSscssing the QS's financial and technical viability, the QS shall provide thc information and documents rerpicsted in Appendix 1) 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 FPL must be submitted at the time this Contract is presented to FPL. Failure to provide the following such documents mayresult in a determination of non -viability by FPL. 13.2 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 the activities specified in this Contract. QS shall afro obtain and maintain Site Control for the Term oldie Centrad. 183 Project Management 18.3.1 If requested by FPL, the 'QS shall submit to FPL its integrated project schedule for FPL's rcvicw within sixty calendar days from the execution of this Contract, and a .Start-up and ted schedule for the Facility at least sixty calendar days prior to start-up and testing of the Facility. These schedules shall identify trey licensing, permitting, construction and operating milestone dates and activities. If requested by FPI., the QS stall submit progress reports in a fort atisfactory to FPL every calendar month until the Capacity Delivery Date and shall notify FPL of any changes in such schedules within tan calendar days after such changes are determined. FPL stall have the right to monitor the construction, start.tip and testing of the Facility, 'either on-site or off- site. FPL's technical review and inspections of the Facility and resulting request. if arty. shall not be construed as endorsing the design thereof or as any warranty as to the safety, durability or reliability of the Facility. 18.3.2 Tht QS shall provide FPI. with the final decigner'srrnanufadare's generator capability nerves, protective relay types, proposed protective relay settings, main one -lint diagrams, protective relay functional diagrams, and alternating current and direct current elementary diagrams far review and inspection at FPL no later than one hundred eighty calendar days prior to the initial synchronization date. 18.4 Assignment This Agreement dealt inure to lht benefit of tend shall be binding upon the Patties and their respective suceennara Md assigns This Agrcooent shall not he assigned sir transferred by either Party without the prior Written consent of thecaberParty, such consent to be granted or withheld in nucljether Party's sole discretion Any direct or indirect change of control of QS (whether voluntary or by operation of law) shall be deemed an "assignment and shell require the prior written consent of FPL. Notwithstanding the foregoing. either Party May. without the Consent of the ether Party, assign or transfer this Agreement: (a) to, any lender as collateral security for obligations under any financing documents entered into with such lender provided, QS shall be responsible for FPL's rnesonab1c costs and c,pnax:s associated with the review. negotiation, cxedution and delivery of any documents or infommtion patstant to such collateral amiertmenl, including reasonable attorneys' fees (b) to an affiliate of such Party. provided that such affiliates creditworthiness is equal to or better than that of such Party (and in no event less than Investment Grade) as determined reasonably by the non -assigning or non -transferring Party and; prnvidred further. that any such affiliate shall agree in writing to be bound by and to assume the terms and conditions hereof and any and all obligations to the non -assigning err non -transferring Party arising or accruing herewith(' from and after the date of such assumption. "Investment Grade" means 13011- or above from Standard & Poor's Corporation enilaa2 or above from Moody's Investor Services, 185 Disclaimer ht executing this Contract, FPI. docs not, nor should it be construed, to estend its credit or financial support for the benefit of any third parties lending money to or having other transactions with the QS or any assignee of this Contract_ (Continued on Sheet No. 9.046) Issued by S. E. Romig, Director, Rates and Tariffs Effective: September 13, 2016 6-12, ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 24 FLORIDA POWER & LIGHT COb1PANY Attachment A First Revised Sheet No. 9.046 Cancels Original Sheet No. 9.046 (Continued from Sheet No. 9.045) 18.6 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 untd 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 Beach, FL 33408 Attn: 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 a.m. to 4:45 pm.) to the visitors' entrance at the address below: Florida Power & Light Company 700 Universe Boulevard, Juno 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 Panics 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 far any matter cannot be established in the United States District Court for the 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 agree 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 coots 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 Parties 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 hereof or 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, Rales and Tariff's Effective: October 4, 2011 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 25 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No. 9.047 Cancels Original Sheet No. 9.047 (Continued from Sheet No. 9.046) 18.9. Waiver of Jury Thal. EACH PARTY ACKNOWLEDCIES AND AGREES THAT ANY CONfROVFRSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH I'ARTY 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 10 ENFORCE THE FOREGOING WAIVER. (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY ANI)(d) EACH PARTY HAS BEEN INDUCED TO ENTER INFO THIS CONTRACT BY, AMONG OTHER THINGS, THE MUTUAI. WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Taxation In the event that FPL becoines liable for additional taxes, including interest andfor penalties arising from an INental 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 Firni 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 fact that all or a portion of these capacity payments are not currently deductible for federal and+or state income tax purposes_ FPL, et its option, may offset nese costs against amounts due the QS hereunder. These costs would be calculated so as to place FPL in the sant` 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 Us 10 whether the appeal should be made Through tlir adniinistrative or judicial process or both; and all subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL. 18.11 Severability If any part of (his 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 18.12 Complete Agreement and Amendments All previous conuuunieations 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. 18,13 Survival of Contract This Contract, as it nmy be amended Front time to time, shall be binding upon, and inure to the benefit of, the Parties' 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 tem ts 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 Ole terms and conditions hereof shall not be cwrutrucd as a waiver of such Party's right in the future to insist on such strict performance. (Continued on Sheet No.9.048) Issued by S. E. Romig, Director,' Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 26 FLORIDA POWER & LIGHT COMPANY Attachment A first Revised Sheet No. 9.048 Cancels Original Sheet No. 9.048 (Continued from Sheet No. 9.047) 18.16 Set -Off FPL may at any time, but shall be under no obligation to, set off any and all suns due from the QS against stars due to the QS hereunder. 18.17 Aseistailce With FPL's evaluation of FIN 461: Accounting rules set forth in Financial Accounting Standards Board Interpretation No. 46 (Revised December 2003) ("FIN 46R'), as well as future. amendments and interpretations of those niles, 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 FPI. all financial data and either information, as deemed necessary by FPI., to perfotrit that evaluation on a timely basis at inception of the PPA and periodically as required by FPI 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 providefmancial statements, together with other required infonnatibrt, 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 aril Exchange Conimission ("SEC"). The QS shall provide this information to FPL in a timeframe consistent with FPL's =rings release and SEC fling 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 interval controls as required by the Sarbanes-Oxley Act of 2002 and in performing any. audit procedures necorsaty 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 infomtion to the extent required by accounting and SEC rules and any applicable laws. IN W1TNESS WHEREOF, the QS and FPL executed this Contract this day of WfrNBSS: wrrNESS: FLORIDA POWER & LIGHT COMPANY Date (QS) Date Issued by: S. F Romig, Director, Rates and Tariffs Effective: July 29,2008 102 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 27 FLORIDA POWER & LIGHT COMPANY Attachment A Sixth Revised Sheet No. 10.300 Cancels Fifth Revised Sheet No. 10.300 RATE SCHEDULE QS -2 APPENDIX A TO THE STANDARD OFFER CONTRACT STANDARD RATE FOR PURCHASE OF FIRM CAPACITY AND ENERGY FROM A RENEWABLE ENERCY FACILITY OR A QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS SCHEDULE QS 2, Firm Capacity and'Energy AVAILABLE The Company will, under the provisions of this Schedule and the Company's "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" ("Standard Offer Contract"), purchase fimi 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 Tess 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 25-22.082, 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 of the 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 Encrgy 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 terns 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 2.5-17.0832(4)(a) producing capacity and energy for sale to the Company on a fun basis pursuant to the terms and conditions of this schedule and the Company's "Standard Offer Contract", Firm Capacity and Energy arc described by FPSC Rule 25-17.0832, F.A.G., 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. LTMITATiON Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.091, F.AC., and 25-17.200 through 25-17.310 F.A.0 and arc limited to those Facilities which: A Commit to commence deliveries of firm capacity and energy no later than the in-service date of the Avoided Unit, as detailed in Appendix Il, and to continue such deliveries for period of at least 10 years up to a maximum of the life of the avoided unit; 13. Are not currently under contract with the Company or with any other entity for the Facility's output for the period specified above (Continued on Sheet No. 10.301) Issued by S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 (03 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 28 FLORIDA POWER & LIGHT COMPANY Attachment A Eighth Revised Sheet No. 10.301 Cancels Seventh Revised Sheet No. 10.301 (Continual from Sheet No. 10.300) RATES FOR PURCHASES I1Y THE COMPANY Firm Capacity and 'Energy are purchased at a unit cost, in dollars per kilowatt 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 and an alternative have been designated by the Company, and are detailed in Appendix II 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 25-17,082 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 nomtal payment. option as shown below, contains the monthly rate per kilowatt of Firm 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 are found in Appendixl7 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 FPI, transmission tie lines. Appendix III 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 determined on a case -by -ease 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 I. 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 Sheet No. 10 302) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2 018 661 e ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 29 FLORIDA POWER & LiGHT COMPANY Attachment A Original Sheet No. 10302 .(Continual from Shut No. ]0.301) Option 13 - Fixed Value of Deferral Payments - Early Capacity 1 11 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 tens 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 of the QS and calculated using the methodology shown on Appendix 1. The QS shall select the month and year in which the deliveries of fine capacity and energy to the Company are to commence and capacity payments am 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 arc to commence and the term of the Standard Offer. Contract as specified in Appendix E. Option C - Fixed Value of Deferral Payment - Levelized Capacity Payment schedules under this option arc 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 teen of the Standard Offer Contract, calculated as shown on Appendix 1. The fixed operation and maintenance portion of the capacity payments shall he equal to the value of the 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 witha 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 Standard Offer Contract as specified in Appendix E. Option Il - Fixed Value of Deferral Payment - F.arly 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 Company's Avoided Unit. The capital portion of the capacity payments under this option shall consist of equal monthly payments over the tern of the Standard Offer Contract, calculated as shown on Appendix I. The fixed operation and maintenance expense shall he calculated as shown in Appendix I. Al 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 thc 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 .of the. Standard Offer Contract as specified in Appendix 13. 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 thc anticipated in-service datc 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 thc terms of the Standard Offer Contract. Regardless of the payment stream elected by the QS, the cumulative present value of capital cost payinents made to the QS over the terns of the contract shall not exceed the cumulative present value of the 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)1, F.A.C. Fixed operation and maintenance expense shall be calculated in confomtance 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 Sheet No. 10.303) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 30 FLORIDA POWER & LIGHT COMPANY Attachment A Sixth Revised Sheet No. 10.303 Cancels Fifth Revised Sheet No. 10.303 L.._. \111 11111111 ILLI 1 (Continued from Sheet No. 10.302) R Ener2v Rates (1) Payments Associated with As -Available Energy Costs prior to the In-Senice Date of the Avoided Unit. Options A or 13 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 tens oldie Standard Offer Contract with the Company. (2) Option A — Energy Payments based on Actual Energy Costs The energy rate, in cents per kilowatt-hour (^/KWh), shall be based on the Company's actual hourly avoided energy costs which arc calculated by thc Company in accordance with FPSC Rule 25-17.0825, F.AC. 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 CAG -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 how's 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. Option B — Energy Payments based on the year by year projection of As-Availablc energy costs The energy rate, in cents per kilowatt-hour (0/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 Cott Projection which are calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. and With FPSC Rule 25-17.2500 (a) F.A.G.) 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. Inadditionto 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 of the 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. Payments Associated with Applicable Avoided Energy Costs after the In -Service Date of the Avoided Unit. Option Cis 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 fix a portion of the ftnn energy payment. The QS shall indicate its selection of Option D in Appendix E, once selected, Option D shall remain in effect for the term of the Standard Offer Contract. Option C- Energy Payments based on Actual Energy Costs starting on the in-service date of the Avoided Unit, as detailed in Appendix H. - The calculation of payments to the QS for energy delivered to FPi, 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 (0/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 Tariff's Effective: June 25, 2013 to(p ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 31 FLORIDA POWER & LIGI1T COMPANY Attachment A Eighth Revised Sheet No. 10.304 Cancels Seventh Revised Sheet No.10.304 (Continued from Sheet No. 10303) For any Dispatch Hour 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 (0./KWh) shall be the following on an hour -by -hour basis: the lesser of (a) the as -available energy rate calculated by FPi. in accordance with FPSC Rule 25-17.0825, FAC, and FPL's Rate Schedule C00-1, as they may each be amended from time to time and (b) the Company's Avoided Unit Energy Cost. The Company's Avoided IJnit Energy Cost, in cents per kilowatt-hour (¢/KWh) shall be defined as the product o1 (a) the fuel price in S/mml3TU as detennined 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 Fr S.; 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 reflects 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 Encrev Payments Starting as early as thein -Service Date of the 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) (h), 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 energy 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. The 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 orate avoided unit will be provided within 30 days of receipt by FPL of a wriuen 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 associatcd 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 �3i ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 32 FLORIDA POWER & LIGHT COMPANY Attachment A Sixth Revised Sheet No. 10.305 Cancels Fifth Revised Sheet No. 10.305 (Continued from Sheet 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 ll_ PERFORMANCE CRITERIA Payments for Firm Capacity are conditioned on the QS'sability to maintain the following performance criteria: A. Capacity 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 11. B. Availability and Capacity Factor The Facility's availability and capacity factor arc used in the determination of firm capacity payments through a performance based calculation as detailed in Appendix B to the Company's Standard Offer Contract. METERING REOUr.REMENTS 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 Ener 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 a.m. to 10:00 a.m. and 6:00 p.m'. to 10;00 p.m. prevailing Easter time excluding Thanksgiving Day, Christmas Day, and New Years Day:. FPL shall have the right to change such On -Peak Hours by providing thc 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 Facility's 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 Tariff or the contract between thc 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 alteration(s) to the interconnection reasonably required to effect the change in billing and upon payment by the QS for such alteration(s). Payments duc a QS will be made monthly and normally by the twentieth business day following thc end of the billing period. The kilowatt-hours sold by the QS and the applicable avoided energy rates at which payments arc 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 made by the twentieth business day following the end of the billing period. (Continual on Sheet No. 10.306) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 39) ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 33 FLORIDA POWER & LIGHT CON 'ANY Attachment A Seventh Revised Sheet Na. 10.306 Cancels Sixth Revised Sheet No. 10306 (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. Customer Charges: Monthly customer charges for meter reading, billing and ether applicable administrative costs as per applicable Customer Rate Schedule. R Interconnection 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 frons 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 of the 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, the QS may pay a monthly charge equal to a percentage of the installed cost of thc interconnection facilities as provided in Appendix II. I). Taxes and Assessments 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, riling or other authority, that FPL's payments to thc 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 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 levelized capacity payments or the Fixed Pim 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 on Sheet No. 10.307) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: June 25, 2013 qqvtfi ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 34 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10307 TERMS OF SERVICE (1) (2) (3) (Continual from Sheet No. 10.306) It shall be the QS's responsibility to inform the Company of any change in its electric generation capability. 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:ahall be metered separately and billed under the applicable retail rate schedule(s), whose terms and conditions shall pertain. A security deposit will be required in accordance with FPSC Rules 25-17.082(5) and 2.5.6.097, F.A.C., and the following: (b) (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 aetuat sales and purchases between the QS and the Company will be conducted to deteriine 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 shall 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 Company's facilities may require .modifications to this Interconnection Agreement or the safety and reliability standards contained therein. Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public Service Commission, SPECIAL'PROVLSIONS (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 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 35 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10308 APPENDIX 1 TO RATE SCHEDULE QS -2 CALCULATION OF VALUE OF DEFERRAL PAYMENTS APPLICABILITY Appendix T provides a detailed description of the methodology used by the Company to calculate the monthly values of deferring or avoiding the Company's Avoided Unit identified in Schedule QS -2. When used in conjunction with the c nrent F1'SC-approved Oast parameters a'ssi.aiatcd with the 'Company'sAvoided Unit contained in Appendix 14, a QS may determine the applicable' value of deferral capacity payment tate assoclatcd with the timing and operation of its particular facility should the QS enter into'a Standard Offer Contract with the Conip arty. CALCULATION OF VALUE OF DEFERRAL OPTION A FPSC Rule 25-17.0832(5) specifics that avoided capacity costs, in dollars per lalowatt per month, associated with capacity sold to a utility by a QS pursuant to the Company's Standaad Offer Contrict shall be defined as the year -by -year value of de renal of the Comp:my's Avoided Unit. The year -by - year valve Of deferral shall be the difference in revenue requirements associated with deferring the Company's Avoided Unit one year, and shall be calcirlated as follows: Where, fora one year deferral: VAC. = utility's monthly -value of avoided capacity and O in dollars per'idlowatt per month, for each month of yearn K = present valve of carrying charges foronedollar of investment over L years with carrying charges computed using average annual jute base and assumed to be 'slid at the middle of each year and present valued tb the middle of the first year, R (1i'ip)/.(1'hr total direct and indirect cost, in and -year dollars per Idlowatt including AFUDC but excluding CWIP, of the Company's Avoided Unit With an in-service date of year n, including all identifiable and quantifiable costs relating to the construction of the Companys Avoided Unit Which would have been paid had the Unit beet -constructed; O. = total fixed operation and m.unteremce expense for the year n in mid year dollars per kilowatt per year, of the Company's Avoided Unit ie animal escalation rate associated with the plant cast of the Company's Avoided Unit(s); annual escalation rate associated with the operation and ntaintercmce expense of the Company's Avoided Unit(sk annual discount rate, defined as the utility's inemnurral after tax coot of capital L expected life of the Company's Avoided Units} and n = year for which the Company's Avoided Unit(s) is (are) deferred starting with its (their) original anticipated in-smice date(i) and ending with the termination of the Company's Standard Offer Contract. (Continued on Sheet No. 10.309) Issued by: S. E. Romig, Director, ,Rates and Tariffs Effective: May22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 36 FLORIDA POWF,R & LIG COMPANY Attachment A Original Sheet No. 10309 (Contitnued from Sheet No, 1Q308) CALCULATION OF F1XI1) VALUE OF DEFERRAL PAYMENTS —EARLY CAPACITY—OVPION 13 Normally, payments for firm rapacity shall not commence until the in-service date of the Cortgzuiy's Avoided Unit(s). Ai the option of the QS, however, the Company may begin malting payments f r early capacity consisting of the capital cost component of the value of a year -by -year deferral of the Company's Avoided Unit starting as early ns the in-service dine of the QS facility. When such Inyrnents for early c istcily are elected, the avoided chiliad cost component of capacity payments shall be paid monthly corrunencing no earlier than the Capacity Delivery Date 'of the; QS, and shall be calculated as follows: Where: A";=A,12 12 for m=1tot Where: _ monthly payments to be made to the QS for each month of the contract year n, in dollars per kilowatt per month in which QS dcivcrs capacity pursuant to the early capiicity Option; annual escalation rate .associated with the plant cost of the Company's Avoided Unit(sk = uhmud escalation rate =mimed with the operation and maintenance expense of the Company's Avoided Units) - year for which the fixed value of deferral payments under the Cady capacity option are made to a QS, starting in year one and ending in the year t; = the term, in years, of the Standard Offer Contract A, = F 1(1 -Rya - R n)J F = the cumulative present value, in the year that the contractual payments will begin, of the avoided capital cost ccimponcnt of capacity payments which would have been made had capacity payments commenced with'tte anticipated in-service date of the Company's Avoided Unit(s); R (I+ip)I(I+r) r = annual discount rate, defined as the Company's incremental atter-tat cost of capital; and Ae.= G l(1—R)/(1—R +)J Where: O = The cumulative present value, in the year that the contractual payments will begin, of the avoided fixed operation and maintenance expeo*e component of capacity paymreas which wcnild have been made had capacity payments commenced with the anticipated in-service date of the Company's Avoided Unit(s). It (I+io)((1•tr) The currently approved parameters apptieabte to the formulas above nre found tit Appendix 11. (Continued on Sheet No. 10.310) Issued by: S. F Romig, Director, Rales and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 37 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10310 (Continued from Sheet No. 10.309) CALCULATION OF FIXED VALUE OF DEFERRAL PAYMENTS= LEVEi,17.ED AND EARLY L EVELI7.F.D CAPACITY — OPTION C & OPTION D. RESPECTIVELY Monthly fixed value of deferral payments for levelized and early levelized capacity shall be calculated as follows: 1% r Pc — — x 12 1-(1+r)•1 Where: PL — the monthly levelized capacity payment, starting on or prior to the in- service date of the Company's Avoided Unit(s); F a 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 lx+yments not been Ievelized; r = the annual discount rate, defined as the Company's htcremenial ager -tax cost of capital; t = the tern, in years, of the Standard Offer Contract; 0 the monthly fixed operation and maintenance component of the capacity payments, calculated in aceardance with calculation of the fixed valise of deferral payments for the levelized capacity or the early levelized capacity options. Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 go) ?) ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 38 FLORIDA POWER & LIGHT COMPANY Attachment A ThiFteeNtkFourteeiith Revised Sheet No.10.311 Cancels T-welfthThfrteenth Revised Sheet No.10.311 APPENDIX II TO RATE SCHEDULE QS -2 2026 AVOIDED UNIT INFORMATION The Company's Avoided Untt has been detcrmmed to be a 1,886 MW Combined Cvde Unit nth an In-service date of June 2;201.92026 and a contract beat rate of 13,0006,300 Btu/kWh. EXAMPLE STANDARD OFFER CONTRACT AVOIDED CAPACITY PAYMENTS FOR A CONTRACT TERM OF TEN YEARS FROM THE IN-SERVICE DATE OF THE AVOIDED UNIT (OW/MONTH) Option A Option B Option C Option D Contract Year Normal Capacity Early Capacity Levelized Capacity Early Levelized Capacity Payment Payment Payment Payment 29442022 S 0 $-0.95:16 S 0 1 04133.62 20192023 1 240-2 $ 097324 $ 0.23Q 1 (444122, 29242024 1 0 $ -43 $ 0.23 Q S. 44-1. 2024025 _ S .0 _ _ $ -9,3.40 _ $ _ 0.230 . _. S. 041-3.62 't9�^^ S -o $-0 S 0.23 1 0.21 202309 S 0.23 S 0.21 2024 S-.--9 1-0 S 0`.23 1 0.21 2923 S--0 5---9 S 023 S '0:21 2026 $ 019¢ S -Oil $ 94244j $ 0342,¢2, 2027 $ 0 5.59 $ -0-3_58 3 0336.01 $ 443.62 2028 $ 0 £Z} 8 -43.67 $ 030.01 $ 044-3,§2. 2029 $ 081- S --92;72 $ 9436.01 1 4443.62 2030 S -0-6.32 $ -03.85 1 9,216.01 $ 0443.62 2031 1 96.17 1 -0-295 $ 042-6_21 3 0443.62 2032 $ -06.32 S X1.05 $ 4.22 2,21 1 0-24.362 2033 1 6:48. $ 4,15 :$ 6.01 $ 3.62 2034 1 6.64- 3 4.25 $ :6.01 $ 162 2131 S 6.81 $ 436 5 6.01 $ 162 63 $ 6,98 5 4.47 .3 6.01 5 162 ESTIMATED AS -AVAILABLE ENERGY COST For informational purposes, the most recent estimated Incremental avoided energy costs for the next ten years will be prodded within thirty (30) days of written request. ESTIMATED UNIT FUEL. COSTS ($fMMBtu): The most recent estimated milt fuel costs for the Company's avoided unit nils be prodded ccithin thirty (30) days of written request. Issued by; Tiffany Cohen, Director, Rates and Tariffs Effective: ORDER NO. PSC -2019=0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 39 FLORIDA POWER & LIGHT COMPANY Attachment A SiidhSeventh Revised Sheet No. 10311.1 Cancels FifinSixth Revised Sheet No. 10.311.1 r Where, for a one year deferral: 026 AVOIDED UNIT FIXED VALUE OF DEFERRAL PAYMENTS _ NORMAL CAPACITY OPTION PARAMETERS Value VAC,„ Company's value of avoided capacity.and O&M, in dollars per kilowatt per month, daring month m;S?:0005.4498 K = present value of carrying charges for one dollar of investment overt years with carrying Charges computed using average annual rate base and assumed to be paid at the middle ofeach year and present valued to the ndddle of the first year. 44 :1026 I„ s total direct and indirect cost, in midyear dollars per kilowatt including AFUDC but excluding CWIP, of the Contlxir 's Avoided Unit with an'in-service date of yearn; SN4695.81 O„ = total fixed operation and maintenance expense, for the year n, in mid -year dollars per kilowatt per year, of the Company's Avoided Unit; SNA14.42 ip - annual escalation rate associated with the plant cost of the Company's Avoided Unit; 2,50% atinuat escalation rare associated with the operation and maintenance expense of the Company's Avoided Unit; 2.50% = annual diseourit rate, defined as the Company'sMcinternal after-tax cost of capital; :46.7.73% L = expected life of the Company's Avoided Unit; 4.40 n = year for which the Company's Avoided Unit is deferred starting with its original anticipated in-service date and ending with the termination of the Standard Offer Contract. x0492026 FIXED VALUE OF DEFERRAL PAYMENTS - EARLY CAPACITY OPTION PARAMETERS Am = monthly capacity payments to be made to the QS starting on the year the QS elects to start receiving early capacity payments, in dollars per kilowatt per month; annual escalation rate associated with the plant cost of the Company's Avoided Unit; 2.50% io annual escalation rate associated with the operation and maintenance expense of the Company's Avoided Unit; 2,50% n = year-forwhichearly capacity payments to a QS are to bcgan (at the election of the: QS early capacity payments may commence anytime after the actual in-service date of the QS facility and before the anticipated in-service date of the 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 of the Company's Avoided Unit and continued fora period of 10 years; sNAg90.15 r annual diseourd rate, defined as the Company's incremental after-tax cost of capital; 4447.73% G the term, in years, of the Standard Offer Contact for the purchase of turn capacity commencing in the year the QS elects to start receiving early capacity payments prior to the in-service date of the Company's Avoided Unit; the cumulative present value of the avoided fixed operation and maintenance expense component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the Company's Avoided Unit and continued fol a period of 10 yeas: ' "FromAnnendix E $0108:99 Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: JuneS,4018 Lis ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 40 Attachment A First Revised Sheet No. 10.311.2 PLORIDA'POWER & LIGUT COMPANY Cancels Original Sheet No. 10311.2 W . Y i • • • (` NTR) Eeiteoi-Vos Noratel4opoOity Etgly4apaiity 4,eveliaedC6poRit Pnyminn .Payment ! 2024 0 S 2.97 8 0 S 4.55 2025�n[ S 0 S 4.07 S 0 $ 4.53 2ro�4 0 8. 1.17 S 0 8 1.54 2023 8 0 8 4.28 44 5 1.55 2028 8 6.85 8 4.38 8'-7,56 8 455 2029 $ 7:03 8 1.40 4-746 8 4.55 2030 8 7.20 f 461 8 7.56 8 4.55 2031 8 738• S 4.71 8 7.56 S 4.55 X022 .S 7.56. S 4.84 8 7:56 S 1.53 2021 S '.75 4-446 5 S 7.56 S 4,55 2034 s 7.95 4-65.08 -8------746 s -- 4.55 80.43 S 8.15 S 5.21 8 7.56 S 4.55 2036 S, 8 75 $ 524 S. 7,56 $ 4.55 2037 8. 8.56 £ 5.48 S 7.56 S 4.53 2038 8 8.77 8 5.61 8 7.56 8 4.55 Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective eInne-53818 aim ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 41 Attachment A First Revised Sheet No, 10.311.2 LO101)A`POWER & LIGHT COMPANY Cancels "Original Sheet No. 10.311.2 RESERVED FOR FUTURE USE Issued by Tiffany Cohen, Director, Rates and Tariff's Effective: Jime4,4418 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 42 FLORIDA POWER & LIGHT COMPANY Attachment A First Revised Sheet No.10311.3 Cancels Original Sheet No. 10.311.3 Where, for a ene year deferral: Valve and present vetttothortiiddleeftlrefir. year; cf t Company% Avcidad Unit with an in sorties data cf pant; por kilowatt pea year; oftho Ccmlimryc Avoid3d tiait; anneal t ealation rata o;secinted with the plant oest ofthe Company's Aveided Unit; 41 Company s Avoided Unit; 1,4413 SV22.93 815.^_8 "?.50° e - annual dieteunt rate, defined settle Company% incremental after tae cosi of capitol; - expect d lila of the Cern art's Avoided Unit; year for whieh the Ccinpeays Avoided Unit L deferred rtartirtp with its ori roil antieipatad in rurvioodah and _ridirtg With One tzmenetien cftha'Standard Offal' Centred. 1 k 1 y.. . k ix.. •.. kM'.k a k.- . 7.76% 40 payment .in dollars par ldlowaupzr mantll; 202S gnlzmy.Aveidsd Unit; 2.50% data of iho Cerripniy+s Avoided Unit avid %manned fora period of 10 y 8615:50 -. the term. in years, of tho rtatidud Ot er! en et for thopurcha:e of firm capacity cotrm ening in the year Avc idad Veit; Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June-gr2O1 06) ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 43 FLORIDA POWER & LIGHT- COMPANY Attachment A Sih.Sevenih Revised Sheet No. 10.312 Cancels440hSixth Revised Sheet No. 10.312 VALUE OF CAPACITY LOCATION FOR ILLUSTRATTf FPURPOSESONLY' Issued by;-Rutirig Tiffany Cohen, Director; Rates and Tariffs Effective. *U':1 gq ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 44 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10313 APPENDIX B -TO TEE STANDARD OFFER CONTRACT FOR THE PURCHASE OF FIRM CAPACITY AND ENERGY FROM RENEWABLE ENERGY FACILITES OR QUA1,IFYiNG FACILITIES WITHA DESICN CAPACITY OF 100ICW OR LESS PAY FOR PERFORMANCE PROVISIONS MQNIHLY CAPACITY PAYMENT CALCULATION 1. Monthly Capacity Payments (MCP) for each Monthly Billing Period shall be computed according to the following: A. In the event that the Annual Capacity Billing Factor ("ACBE"), as defined below, is less than 80%, then no Monthly Capacity Payment shall be due. That is: MCP =O B. In the event that the ACBF is equal to or greater than 80% but Ices than 97%, then the Monody Capacity Payment shall be calculated by using the following fomvula: MCP =DCP x 1.04x (ACBF - 72)] x CC C. In the event that the ACBF is equal to or greater than 97%, then the Monthly Capacity Payment shall be calculated by using the following formula: MCP = BCP xCC Whine: MCP Monthly Capacity Payment in dollars. UCP Base Capacity Payment in $1KW/Month as specified in FPL's Rate Schedule QS -2. CC Conunitted Capacity in KW. ACBF = Annual Capacity Billing Factor. 'lies factor 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 Factors preceding the dale of calculation, divided by 12. Dining the first 12 consecutive Monody Billing Periods;commencing with the first Monthly Billing Period in which Capacity payments are to be made, the calculation of the Annual Capacity Billing Factor shall be performed as follows: (a) during the fust Monthly Billing Period, the Animal Capacity Bulling Factor shall be equal to the Monthly Capacity Factor, (b) thereafter, the calculation of the Anneal Capacity Billing Factor shall be coniptaed by dividing the sum of the Monthly Calacity Factor: during the fit -stymies Monthly Billing Periods in which Capacity payments arc to bo made by the number of Monthly Billing Periods which have elapsed. This caleidatien shall be performed at'the end ofeach Monthly Billing Period until enough Monthly Billing Periods have elapsed to calculate a true 12 -month rolling average Annual Capacity Billing Factor. Periods during which the Facility has temporarily set its Committed Capacity equal to O KW due to a Force Majeure event pursiont to Section 16 shall be excluded frena the applicable capacity faefor calculation. MCF Monthly Capacity Factor, Tide sum of (i) the Hourly Factors of the Non -Dispatch Hours plus (ii) the Hearty Factors of the Dispatch Hours or the hourly factors ofthe hours when FPI. requested reduced deliveries pursuant to Section 0,4.8 (Reduced Delivery Hour); divided by the number of hours in the Monthly Billing Period. HFNDH = Hourly Factor ofa Non -Dispatch Hour. The energy received during the hour divided by inc Committed Capacity. For purposes of calculating the Hourly Factor of a Non -Dispatch Hour the energy received shall not exceed the Committed Capacity. HFDH On -Peak Horns = 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 ofa Dispatch Hour or the Hourly Factor ofa Reduced Delivery Ilour the scheduled energy received shall not exceed the scheduled energy requested. Those hours occurring April t through October 31 Mondays through Fridays, from 12 noon to 9:00 p.m. occluding Memorial Day, Independence Day and Labor Day, and November 1 through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 a.m. and 6:00 p.m. to 10:00 p.m. prevailing Eastern time excluding Thanksgiving Day, Cluistntas Day and New Year's Day. FPL shall have the right to change such On- Peak Hours by providing the QS a minimum of thirty calendar days' advance notice. Monthly Billing = The period beginning on 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 Cairacity Delivery Period Dale and ending with inc last eelendar day of such month. Scheduled Energy and Dispatch Hours are as defined in Section 8.4.7 of the Standard Olfcr Contract. 7nued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 45 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10314 APPENDIX C TO THE STANDARD OFFER CONTRACT TERMINATION FEE The Termination Fee shall be the sum of the values for each month beginning with the month in which the Copaeity Delivery Date occurs through the month 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 Fee applicable to Fixed Firm Energy Option Termination Fee applicable to Capacity Payment Options 13. C. D and E n E (ClIv3, - MCtt.,) x tc`"i ttilk MCF( - 0 for all periods prior to the in-nentiee date of the Company's Avoided Unit, where' i = number elute Monthly Billing Period commencing with thc'Capacity Delivery Date (i.e., the month in which Capacity Delivery Date occurs = I; the month following the 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 1)ate occurs through the month of termination (or month of calculation, ns the cure maybe) l the future value aim amount factor neoessary to compound a sum monthly to the annual percentage rate derived will equal FPL's incremental after-tax avoided cost of capital (defined as r iia QS -2). For any Monthly Billing Period in which NICPC; is greater than MCP,.1 shall equal I. MCP, - Monthly Capacity Payment paid to QS corresponding to the Monthly Billing Period i, calculated in accordance with Appendix B. MCPC, = Monthly Capacity Payment for Option A corresponding to the Monthly Billing Period i, 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 (asset forth above) yields a valve equal to or greater than zero, the amrnmt of the Capacity Payment Temuination 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 than zero, the amount of the Capacity Payment Termination Fee shall be dceerascd by the amount of such value expressed as a positive number (the `Initial Reduction Valne"); 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 (ACBE), as defined in Appendix Bis less than 8046, then -the Initial Reduction Value shall be adjusted to equal zero (Reduction Value = 0), and the Capacity Payment Termination Fee shall not be reduced for the applicable Mmithly Billing Period. b. In the event that in the applicable Monthly Billing Period the Annual Capacity Billing Factor (ACBF), as defined in Appendix 13, is equal to or greater than S0% but less than 9716, then the Reduction Value shall be determined as follows: Redaction Valite =Initial Reda -tion Value x [0.04 x (ACBF - 72)] For the applicable Monody Billing Period, the Termination Fee shall be reduced by the amount of such Reduction Value, In no event shall FPI, be liable to the QS at any time for any amount by which the Capacity Payment Termination fee, udjucted in aecord:mce with the foregoing, is less than zero (0). Termination Fee applicable to the Fixed Firm Enerev Payment Option T) Prior to in-service date of avoided unit The Termination Fee for the Fixed Finn Energy Option shall be equal to the cumulative sum (like Fixed Finn Energy Payments made to the QS pursuant to Option D, starting with the in-service date of the QS facility, for each billing cycle. Such number shall reach the maximum amount on the billing eyrie imnieiliatelypreceding the billing cycle associated with the in-service date of the Avoided Unit, After in-service date of avoided unit: The Tern i,utli t Fee shall be decreased sada billing cyte following the in-service date of the avoided unit by an amount equal to the difference between the projected Fixed Energy Cost that was used in the calculation to determine the base energy most to be fixed and amortized pinauma to Option I) for such tilling cycle and the amortized Fired Fin Energy Payment in cents/KW H times the energy dcliyercd by the QS not to exceed the MWH block apecified in Appendix E. Issued 1 S. E. Romig, Director, Rates and Tariffs k lTectiv e: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 46 FLORIDA POWER & LIGHT HT COMPANY Attachment A Original Sheet No. 10.315 APPENDIX 1) TO THE, STANDARD OFFER CONTRACT DETAILED PROJECT INFORMATION Each eligible Contract reeeived 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 informalion requested below. 1. FACILITY DESCRIPTION • Project Name • Project Location • Street Address • Site Plot Plan • Legal I)escription of Site • Generating Technology • Facility Classification ( include types from statute) • 'Primary Fuel • Alternate Fuel (if applicable) • Committed Capacity • Expected 1n7Service Date • Steam Host (for cogeneration facilities) • Street Address • Legal Description of Stearn Host • Hod's annual Stearn requirements (Ihs/yr) • Contact Person • Individual's Name and Title • Company Name • Address • Telephone Number • TelecopyNuniber 11. PROJECT PARTICIPANTS • Indicate the entities responsible for the follotiing projeet mamanenment activities and provide a detailed description of the experience and capabilities of the entities: • Project I)evelopinent • 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 are 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 tens, the major lenders, and the percentage of equity invested at financial dosing_ (Continued on Sheet NO. 10.316) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 47 FLORIDA POWER & IIGHT COMPANY Attachment A Original Sheet No. 10316 (Continued from Sheet No. 10.315) 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 contend, 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 360.91, Florida Statutes, and the planned levels of generation and list the assumptions used to detemtine these quantities. • Provide a summary of the status of the fuel supply atrangentents in place to meet the ARFR in each year of the proposed operating life of the Facility. fisc 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 finn fuel contract exists between the developer(s) and fuel supplier(s) 1.01= a letter of intent for the fircl supply gists between developer(s) and fire! supplier(s) REF = renewable energy facility will burn biomass, waste, or another renewable resource spot = fuel supply will be purchased on the spot market none = no firm fuel supply arrangement currently in place other = fuel supply arrangement which does not fit any of the above categories (please describe) • indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangement(s) for each proposed operating year. The percent of AFR covered for each operating year meet 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, if so, to what location. • Describe fuel transportation networks available for delivering all primary and secondary t'uel 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 fuel transportation requirements (AF'I'R) 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 arrantgernents in place to meet the AITR 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 firth transportation contact exists between the developer(S) and fuel transporters) 1.01= a letter of intent for fuel transport exists between developer(s) end 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) • Indicate the percentage of the Facility's AFR which is covered by the above fuel supply arrangements) for each proposed operating year. The percent of APR covered for each operating year must total 100%. For fuel supply arrangements identified as owned, contract, or WI, provide documentation to support this category and exiilain the rransportation.price tnechanism 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 detennining the inventory levels. (Continued on Sheet No. 10.317) issued by: S. F Romig, Director, Rates and Tariffs Effective: May.22,2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 48 FLORIDA POWER & I IG COMPANY Attachment A Original Sheet No. 10317 (Continued frotn Sheet No. 10.316) IV. PLANT' DISPATCHABILITY/CONTROLLABILITY • Provide the following operating characteristics and a detailed ergtlanation supporting the performance capabilities indicated. ♦ karnp Rale (MWhninute) t Peak Capability (% above Committed Capacity) • Minimum power level (% of Committed Capacity) s Facility Turnaround Tinie, blot to Hot (hours) • Start-up Time from Cold Shutdown (hours) • Unit Cyclirw (;1 cycles/yr) • MW and M VA R Control (AGC, Manual, Other (please explain)) V. SITING AND L1C}2VSINC • Provide a licensing/permitting milestone schedule which lists all permits, licenses and variances required to site the Facility. The milestone schedule shall also identify key milestone dates for baseline monitoring, application preparation, agency review, certification and licensing/siting board approval, and agency permit issuance. • Provide a Iicensing/pemtitting plan that addresses the issues of air emissions, water use, wastewater discharge, wetlands, 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 cmissiori/ef 1ucnt discharge limits the Facility will meet, and describe in detail the pollution control equipment to be used to meet these limits. VI. FACILITY DF,VF,LOPMENT AND PERFORMANCE • Subnut .a detailed engineering, procurement, conistmction, startup and commercial operation schedule. The schedule shall include milestones for site acquisition, ennineeri"g phases, selection of the major equipment vendors, architect engineer, EPC contractor, and Facility operator, steam Most 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 arid 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) et 75 degrees Fahrenheit for loads of 100%, 75%, and 50%. In addition, attach a preliminary heat 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. 10.318) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 49 FLORIDA POWER & LIGHT COMPANY Attachment A Original Sheet No. 10.318 (Continued from Sheet No. 10.317) VII. FINANCIAL • Provide FPL with assurances that the proposed QS project is financially viable consistent withFPSC Rule 25-17.08320) (c) by attaching a detailed pro -forma cash How 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 $/KW(Mo) • Variable O&M (S and S/MWIi) • Energy ($ and S MWh) • Steam Revenues ($ and %tlb.) • Tipping Fees ($ and $/ton) • Interest Income • Other Revenues • Variable O&M Escalation (%/yr) • Energy Escalation (%/yr) • Stearn Escalation(%/y) • Tipping Fee Escalation (%/yr) • Annual Project Expenses • Fixed O&M ($ and $IKWAto) • Variable O&M ($ and $/MWh) • Energy ($ and $/MWh) • Property Taxes (S) • Insurance ($) • Emission Compliance ($ and $IMW h) • Depreciation ($ and %/yr) • Other Expenses ($) • Fixed O&M Escalation (%/yr) • Variable O&M Escalation (%/yr) • Energy Escalation (%/yr) • Other Project Information • Installed Cost of the Energy Facility ($ and $/Kbtr) • Committed Capacity (KW) • Average Heat Rate - HI•IV (MI3TU/KR7t) • Federal Income Tax Rate (%) • Facility Capacity Factor (%) • Energy Sold to FPL (MWH) • Permanent Financing • Permanent Financing Term (yrs) • Project Capital Structure (percentage of long-tenim debt, .subordinated debt, tax exempt debt, and equity) • Firancirrg Costs (cost of long -lens debt, subordinated debt, tax exempt debt, and equity) • Annual Interest Expense • Annual DebtService (S) • 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 tse nort tecotrse 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: S. F. Romig, Director, Rates and Tariffs Effective: May 22, 2007 6,q ORDER NO. PSC -2019 -0265 -PAA -EQ DOCKET NO. 20190082 -EQ PAGE 50 FLORIDA POWER & LIGEITCOMPANY Attachment A First Revised Sheet No.10319 Cancels Original Sheet No.10.319 APPENDIX E TO THE STANDARD OFFER CONTRACT CONTRACT OPTIONS TO HE SELECTED BY QS Avoided Unit Selected Term of Contract Execution date Termination date Finn Capacity Rates Commencement date for deliveries of Firm Energy and Capacity Capacity Payment Option Selected (from available Options A through E) If Option E is selected proposed payment stream Schedule of Capacity Payments to be provided by the Company based on applicable parameters follows: Yea $1KW/Month Fnerzv Rates Energy payment Options selected applicable to energy produced by the QS and delivered to the Company (from available Option A or B and D) Scicct from Option A or 13 And Scicct D lfOption D is selected by the QS; the Company and the QS mutually agree on fixing and amortizing the followingportion attic. Rase Energy Costs associated with the Avoided Unit % which yields 1v1W1i Projected Energy Cost of Energy Produced by Avoided Unit (provided by the Coinpany): Year Projected Fixed Energy Cost Cin Cents'KWII or in Dollars) Based ort the projections of Energy Costs Produced by the Avoided Unit and the mutually agreedupon Portion of the Rase Energy Costs associated with the Avoided Unit tlx: Fixed Energy Payment shall be SIMWH or $ (asapplicable). Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: June 5, 2018 July 16, 2019 Informational ITEM 7D INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 8, 2019 SUBJECT: Letter from Palm Beach County Commissioner Melissa McKinlay Regarding Human Trafficking Hotline Awareness Signage FROM: Tina Cournoyer, Commissioner Assistant Commissioner O'Bryan received a memorandum from Melissa McKinlay, County Commissioner, District 6, Palm Beach County urging Indian River County to consider an ordinance to require signage regarding human trafficking hotline awareness signage in adult entertainment establishments. The original memorandum and Palm Beach County back up documents are on file in the Commission Office (read file) and are available upon request. 9 MELISSA McKINLAY County Commissioner District 6 Palm Beach County Board of County Commissioners ■ Governmental Center 301 North Olive Avenue. 12th Floor West Palm Beach, FL 33401 Telephone: (561) 355-2206 Facsimile: (561) 355-4366 mmckinlay@pbcgov.org ■ Glades Office Complex 2976 State Road #15 Belle Glade. FL 33430 Telephone: (561) 996-4814 Facsimile: (561) 992-1038 ■ www.pbcgov.com 'An Equal Opportunity Affirmative Action Employer` g printed on recycled paper June 25, 2019 Commissioner Peter O'Bryan Indian River County Board of Commissioners 1801 27th St. Vero Beach, FL 32960 Re: Human. Trafficking Hotline Awareness Signage RECE! JUL 0 3 2019 BOARD OF COUNTY COMMISSION Dear Commisslone/OBryan, In 2015, the Florida Legislature passed a landmark human trafficking bill, HB 369 (now F.S. 787.29), that requires the Florida Department of Transportation to post the international human trafficking hotline on signs in transportation hubs across Florida (airports, ports, train and bus stations, and rest stops). The new law also requires emergency rooms to post the same signs. The language for the signs was outlined in the legislation as well as the requirement that signs be in English and Spanish. The signs must also be placed in a conspicuous location visible to the public and employees. It took effect January 1, 2016. Language was also included that provided the option for local County Commissions to add an additional requirement for sign posting in strip clubs and adult entertainment establishments by allowing Counties to enforce the provision and fine violators. Adult entertainment establishments are defined in F.S. 847.001 as: 847.001 Definitions.—As used in this chapter, the term: (1) "Adult" means a person 18 years of age or older. (2) "Adult entertainment establishment" means the following terms as defined: (a) "Adult bookstore" means any corporation, partnership, or business of any kind which restricts or purports to restrict admission only to adults, which has as part of its stock books, magazines, other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually oriented material. (b) "Adult theater" means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. (c) "Special Cabaret" means any business that features persons who engage in specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. (d) "Unlicensed massage establishment" means any business or enterprise that offers, sells, or provides, or that holds itself out as offering, selling, or providing, massages that include bathing, 10 physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by either male or female employees or attendants, by hand orby any electrical or mechanical device, on or off the premises. The term "unlicensed massage establishment" does not include an establishment licensed under s..480.043 which routinely provides medical services by state -licensed health care practitioners and massage therapists licensed under s. 480.041. It is my .understanding that your county has not yet joined the fifteen other counties throughout Florida who have passed such ordinances, and I kindly urge you to do so as soon as possible. Human trafficking is nothing less than modern day slavery. The Legislature defines it as "transporting,soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person." It includes both sex and labor trafficking. Citizens deserve for every county to use all available resources and strategies to protect them from this scourge. Palm Beach County was the first in the state to enact the ordinance, empowering our Code Enforcement with a new tool to help us uncover human trafficking rings. Code Enforcement has collaborated closely with our Sheriff's Office and the Department of Health to investigate and shut down multiple establishments for prostitution and human trafficking. Additionally, our Code officers and other County staff have received training to identify the signs of this horrific crime. Again, I urge. your commission to pass this ordinance to strengthen our collective efforts throughout .Florida to eradicate human trafficking. Enclosed please find a copy of the Palm Beach County ordinance as well as samples of the signswe created in accordance with the statute. Additionally, please feel free to visit the Human Trafficking Prevention and Resource page we created on our County website for more information at http://discover.pbcgov.org/publicsafety/victimservices /Pages/human- trafficking.aspx. Thank you, Melissa McKinlay Board of County Commissioners District 6 11 7e Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: July 9, 2019. SUBJECT: Notice of School District of Indian River County Invitation to Health Insurance Best Practices Workshop The School District of Indian River County will be holding a Workshop on Tuesday, July 30th, 2019, 9:00 a.m., at the School District of Indian River County J.A. Thompson Administrative Center, 6500 57th Street, Vero Beach, Fl. 32967. One or more Indian River County Commissioners may attend this School District workshop. Attachment: Invitation to School District Workshop 12 `SII ilak School District of Indian River County 6500 57th Street • Vero Beach, Florida 32967 • Telephone: 772-564-3000 • Fax: 772-564-3054 Susan Moxley, Ed.D. - Superintendent July 1, 2019 Dear Indian River County Government Administrator and/or Publicly Elected Representative: On behalf of the Indian River County School Board, I would like to cordially invite you to an. Interlocal Government Workshop that we will be hosting on Tuesday July 30, 2019, at the School District of Indian River County J.A. Thompson Administrative Center, located. at 6500 - 57t'' Street, Vero Beach, 32967, in the Joe N. Idlette, Jr. Teacher Education Center (TEC). Workshop Schedule: 8:00 - 9:00 a.m. Check-in for presenters and participating attendees 9:00 a.m. Presentation portion of workshop begins 11:00 a.m. 15-minute break 11:15 a.m. - 12:30 p.m. Collaboration of questions, answers, and solutions 12:30 p.m. Workshop concludes 12:30 - 1:00 p.m. Refreshments served in the Multipurpose Room off the main lobby 1:00 - 2:00 p.m. Tour CareHere - SDIRC onsite clinic The purpose of the workshop is to review best practices of combating the increasing cost of health insurance for employees and challenges in the foreseeable future. Local government administrators and staff will be given the opportunity to present proactive steps that their organizations have taken to address and offset increases. Strategies will include, but are not limited to, the following topics: • Increasing prescription cost and methods for cost reductions • Variances in pricing and transparency • Initiatives to offer employee-members consumer tools and education • Benefits of employee onsite clinic • Benefits and disadvantages to Multiple Plan and Tiered Plan options • Managing ASO fees • Stop Loss Insurance • Insurance Broker consulting cost: commission and/or fee based • Pros and cons of Fully Insured and Self-Funded Plans • Lessons learned through past practices of what to avoid "Educate and inspire every student to be successful" Dr. Mara Schiff • Jacqueline Rosario • Laura Zorc • Teri L. Barenborg • Tiffany M. Justice District 1 . District 2 District 3 District 4 District 5 "Serving ALL students with excellence" 13 Equal Opportunity Educator and Employer If you are interested in participating in this workshop, please RSVP as indicated below: • If you are an Administrator and would like your staff to present at the workshop, please RSVP by July 14th to Laura.Zorc@ indianriverschools.org or call 772.205.4509. • Publicly elected Commissioners, Council Members, or Board Members please RSVP by July 22' to IRC School Board Executive Assistant Nancy Esplen at Nancy.EsplenPindianriverschools.org or call 772.564.3200. Sincerely, Laura Zorc Indian River County. School Board Chairman and Member, District 3 14 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960. TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 4, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 28, 2019 to July 4, 2019 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 28, 2019 to July 4, 2019. 15 TRANS NBR 383737 383738 383739 383740 383741 383742 383743 383744 383745 383746 383747 383748 383749 383750 383751 383752 383753 383754 383755 383756 383757 383758 383759 383760 383761 383762 383763 383764 383765 383766 383767 383768 383769 383770 383771 383772 383773 383774 383775 383776 383777 383778 383779 383780 383781 383782 383783 383784 383785 383786 383787 383788 383789 383790 383791 383792 383793 383794 DATE 06/28/2019 06/28/2019 06/28/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 CHECKS WRITTEN VENDOR TIMOTHY ROSE CONTRACTING INC NKW PIP HOLDINGS I LLC AFFORDABLE AUTO PAINTING INC VERO BEACH EDGEWOOD PLACE LP GRACES LANDING LTD WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL HAGGERTY FAMILY LTD SUNQUEST INC THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE VILLAS LTD ADINA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZY J LLC JESSE LEWIS SKOKIE HOLDINGS INC ROGER WINSLOW OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 ANTHONY ARROYO AHS HOLDINGS GROUP LLC DANIEL CORY MARTIN , YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE THEODORE BARTOSIEWICZ FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY II\ JOHN T STANLEY WEDGEWOOD RENTALS LLC ALMA LUCKETT MCLAUGHLIN PROPERTIES LLC MYRIAM MELENDEZ WATSON REALTY GROUP SHEJI LLC AMOUNT 338.50 791.00 1,235.00 566.00 8,349.00 446.00 12,534.00 16,811.00 596.00 265.00 2,676.00 144.00 377.00 2,276.00 17,905.00 370.00 3,131.00 3,619.00 616.00 367.00 3,961.00 13,834.00 718.00 702.00 7,472.00 3,987.00 433.00 2,122.00 615.00 5,141.00 638.00 2,349.00 667.00 569.00 468.00 205.00 1,335.00 683.73 481.00 1,273.00 1,476.00 20.00 679.00 457.00 540.00 122.00 510.00 497.00 21,156.00 459.00 509.00 776.00 1,495.00 646.00 1,387.00 522.00 3,052.00 439.00 1 TRANS NBR 383795 383796 383797 383798 383799 383800 383801 383802 383803 383804 383805 383806 383807 383808 383809 383810 383811 383812 383813 383814 383815 383816 383817 383818 383819 383820 383821 383822 383823 383824 383825 383826 383827 383828 383829 383830 383831 383832 383833 383834 383835 383836 383837 383838 383839 383840 383841 383842 383843 383844 383845 383846 383847 383848 383849 383850 383851 383852 383853 383854 DATE 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR TONY GUTIERREZ LAWRENCE C SALTER LINDSEY GARDENS TIM ZORC PHILIPPE ALEXANDER PORT CONSOLIDATED INC LENGEMANN CORP TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC RICOH USA INC KIMLEY HORN & ASSOC INC HENRY SCHEIN INC SAFETY PRODUCTS INC AT&T WIRELESS DATA FLOW SYSTEMS INC LINDEN-BEALS CORP THOMAS P WHITE PARALEE COMPANY INC B G KENN INC E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER GRAYBAR ELECTRIC WILD LAND ENTERPRISES INC HACH CO LFI FORT PIERCE INC CLIFF BERRY INC MASTELLER MOLER & TAYLOR INC DEEP SIX DIVE SHOP INC SCHULKE BITTLE & STODDARD LLC ECOTECH CONSULTANTS INC VERO INDUSTRIAL SUPPLY INC H C WARNER INC BARTH CONSTRUCTION INC CITY ELECTRIC SUPPLY CARTER ASSOCIATES INC BAKER & TAYLOR INC MIDWEST TAPE LLC K & M ELECTRIC SUPPLY BAKER DISTRIBUTING CO LLC ATKINS NORTH AMERICA INC CENGAGE LEARNING INC GO COASTAL INC SUNSHINE REHABILATION CENTER OF IRC INC GREENE INVESTMENT PARTNERSHIP LTD CLERK OF CIRCUIT COURT CITY OF VERO BEACH INDIAN RIVER ALL FAB INC AT&T UNITED PARCEL SERVICE INC FLORIDA DEPT OF TRANSPORTATION LIVINGSTON PAGE JANITORIAL DEPOT OF AMERICA INC PUBLIX SUPERMARKETS FLORIDA ANIMAL CONTROL ASSOC INC INDIAN RIVER COUNTY UTILITIES ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC FEDERAL EXPRESS CORP AMOUNT 603.00 470.00 12,948.00 269.46 700.00 1,099.37 195.63 6,130.18 1,575.49 682.32 162.98 16.98 3,430.88 2,274.57 682.07 143.11 88.18 417.43 32.00 600.00 246.21 26.45 342.86 362.34 106.00 13,682.26 789.20 1,270.50 2,610.00 2,167.50 1,200.00 2,666.00 28.88 833.10 8,500.00 246.93 4,495.00 1,523.73 1,042.54 29.55 209.75 43,357.00 171.49 20.00 750.00 3,893.23 74.50 449.97 5,054.30 93.77 15.28 1.34 60.00 440.57 56.40 95.00 255.13 3,695.82 4,607.73 16.10 2 TRANS NBR 383855 383856 383857 383858 383859 383860 383861 383862 383863 383864 383865 383866 383867 383868 383869 383870 383871 383872 383873 383874 383875 383876 383877 383878 383879 383880 383881 383882 383883 383884 383885 383886 383887 383888 383889 383890 383891 383892 383893 383894 383895 383896 383897 383898 383899 383900 383901 383902 383903 383904 383905 383906 383907 383908 383909 383910 383911 383912 383913 383914 DATE 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR AMOUNT ELIZABETH MARTIN 97.01 RIVERFRONT HOTEL LLC 318.00 MORGAN & EKLUND INC 33,145.87 TIMOTHY ROSE CONTRACTING INC 102,613.00 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,100.19 FLORIDA POWER AND LIGHT 29,363.24 FLORIDA POWER AND LIGHT 1,714.34 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 TAYLOR MADE GOLF CO INC 224.83 KENNETH CAMPBELL SENIOR 180.00 CONTRACT SERVICE ENTERPRISES INC 29,310.00 GLOBAL GOLF SALES INC 374.44 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,852.34 JASON E BROWN 105.79 KAREN RACKARD 37.83 TREASURE COAST SPORTS COMMISSION INC 5,316.06 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 833.33 FLORIDA STATE GOLF ASSOCIATION 177.00 INDIAN RIVER FARMS WATER CNTRL DIST 466.25 PITNEY BOWES INC 201.00 ALAN C KAUFFMANN 240.00 EVENTMAKERS INTERNATIONAL LLC 578.10 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 120.00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 20.00 PARALEGAL ASSOCIATION OF FL INC 90.00 LA QUINTA 240.00 NATIONAL ASSOCIATION OF LEGAL ASSISTANTS INC 150.00 FLORIDA DEPT OF BUSINESS & PROF 1,125.00 WILLIAM K DEBRAAL 25.00 SCHOOL DISTRICT OF I R COUNTY 26,334.00 HOMETOWN NEWS 340.00 TRANE US INC 544.00 SCOTT MCADAM 179.00 CELICO PARTNERSHIP 174.15 JOSEPH W VASQUEZ 60.00 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 FASTENAL COMPANY 133.93 THE SHERWIN WILLIAMS CO 8.29 FRANK BLAKE 500.00 SOUTHERN JANITOR SUPPLY INC 886.78 CHRISTINE KELLY-BEGAZO 586.35 FLORIDA SHUTTERS,INC 422.42 MASTELLER & MOLER INC 2,985.90 ETR LLC 668.16 STAPLES CONTRACT & COMMERCIAL INC 858.76 W F MCCAIN & ASSOCIATES INC 811.25 GLOVER OIL COMPANY INC 34,555.43 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 13,562.43 AMERICAN WATER WORKS ASSOCIATION 238.00 1ST FIRE & SECURITY INC 75.00 KELLY J TURNER JR 160.00 LAWRENCE IRVING 37.35 JOHNNY B SMITH 460.00 DANE MACDONALD 140.00 POWER -TEL UTILITY PRODUCTS INC 315.00 3 TRANS NBR 383915 383916 383917 383918 383919 383920 383921 383922 383923 383924 383925 383926 383927 383928 383929 383930 383931 383932 383933 383934 383935 383936 383937 383938 383939 383940 383941 383942 383943 383944 383945 383946 383947 383948 383949 383950 383951 383952 383953 383954 383955 383956 383957 383958 383959 383960 383961 383962 383963 383964 383965 383966 383967 383968 383969 383970 383971 383972 383973 383974 DATE 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR CHARLES A WALKER KATHLEEN P DOUGHERTY WILLIAM RICE TREASURE COAST FOOD BANK INC VERO BEACH BROADCASTERS LLC KWACKS INC YOUTH GUIDANCE DONATION FUND NICOLACE MARKETING INC WINSUPPLY OF VERO BEACH SANDY ARACENA HELPING ANIMALS LIVE -OVERCOME DE LA HOZ BUILDERS INC ATLANTIC COASTAL LAND TITLE CO LLC OVERDRIVE INC AUTOMATIONDIRECT.COM INC ALAN JAY CHEVROLET CADILLAC HEATHER HATTON MOORE MOTORS INC ALAN JAY FORD LINCOLN MERCURY INC TAW ORLANDO SERVICE CENTER INC TAW ORLANDO SERVICE CENTER INC REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC MUNICIPAL EMERGENCY SERVICES INC CARROT TOP INDUSTRIES INC ALEX MIKLO BURNETT LIME CO INC PENGUIN RANDOM HOUSE LLC STRAIGHT OAK LLC DEBORAH CUEVAS CHEMTRADE CHEMICALS CORPORTATION SUSAN ADAMS REI ENGINEERS INC MONA MOSHKI FEDERICI MARKETING SPECIALTIES OF GEORGIA LLC BERNARD EGAN & COMPANY AMERITAS COBRA GOLF INCORPORATED MICHAEL EDWARD HAMILTON SWANA FLORIDA SUNSHINE CHAPTER INC SYLIVIA MILLER ANDERSEN ANDRE CONSULTING ENGINEERS INC SCRIPPS NP OPERATING LLC CAREFREE RANCH JC CODE & CONSTRUCTION CONSULTANTS INC CATHEDRAL CORPORATION UNIFIRST CORPORATION CDA SOLUTIONS INC WILSON SPORTING GOODS CO SCHUMACHER AUTOMOTIVE DELRAY LLC SITEONE LANDSCAPE SUPPLY LLC GOTTA GO GREEN ENTERPISES INC NORTH AMERICAN OFFICE SOLUTIONS INC FLORIDA EAST COAST HOLDINGS CORP IMPERIAL IMPRINTING LLC AC VETERINARY SPECIALTY SERVICES DARREN COLE EDWARD ILLIDGE COLTON PARKER MATHESON TRI -GAS INC AMOUNT 140.00 100.00 18.81 47.70 750.00 925.00 833.33 5,735.75 134.29 60.00 8.00 38,142.00 85.00 710.36 164.00 24,749.00 240.00 37.45 26,759.00 145.02 3,285.50 63.00 2,948.77 1,909.95 227.33 100.00 24,257.90 288.00 57.95 180.00 5,724.15 144.23 1,432.50 140.00 1,056.45 1,732.56 28,159.78 58.48 300.00 325.00 735.00 7,185.00 1,870.39 1,000.00 620.40 4,827.29 1,995.43 1,853.08 1,006.52 29.62 93.39 276.00 66.24 13,512.70 925.60 706.28 97.23 160.00 140.00 7,868.54 4 TRANS NBR 383975 383976 383977 383978 383979 383980 383981 383982 383983 383984 383985 383986 383987 383988 383989 383990 383991 383992 383993 383994 383995 383996 383997 383998 383999 384000 384001 384002 384003 384004 384005 384006 384007 384008 384009 384010 384011 384012 384013 384014 384015 384016 384017 384018 384019 384020 384021 384022 384023 384024 384025 384026 384027 384028 384029 384030 384031 Grand Total: DATE 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR PEOPLE READY INC EMILY GOUGE COLE AUTO SUPPLY INC KONICA MINOLTA BUSINESS SOLUTIONS BETH NOLAN CAROL BERGERON THOMAS R PILIERO FLORIDA BULB & BALLAST INC NESTLE WATERS NORTH AMERICA TOTAL ADMINISTRATIVE SERVICES CORP CORE & MAIN LP WOODROW DAWSEY ADVANTAGE GOLF CARS INC STEWART MATERIALS LLC WOERNERAGRIBUSINESS LLC DJD EQUIPMENT HOLDINGS LLC ABISCOM INC TYKES & TEENS INC REXEL USA INC CHANGE HEALTHCARE LLC STEPHEN STONE TAYLOR ANNE HATTON RAMONA MURPHY KENYATTA JOHNSON AMAZON CAPITAL SERVICES INC TREASURE COAST PLUMBING LLC VERONIQUE ORY STURIALE W&J CONSTRUCTION CORP ISCO INDUSTRIES INC JAMES MANN PIRATE PEST CONTROL LLC CALITEN LLC AMERIGAS PROPANE LP HOPPING GREEN & SAMS PA VERO'S VOICE LLC JOHN J DRISCOLL THE HOPE FOR FAMILIES CENTER INC BENEFIT EXPRESS SERVICES LLC JORDAN POWER EQUIPMENT CORP DENNIS LEE ROWE DEANGELO BROTHERS LLC LIBERTY TIRE RECYCLING LLC LOGAN PERALTA JUDITH A BURLEY APTIM CORP PENELOPE GONZALEZ MICHAEL & HEATHER DENNINGER SEABORNE JEWELRY LINDSEY GARDENS ABIGAILLE CAPOBIANCO HAILEY-LYNN GABRIELLA WILSON NICOLE ANTOSIA AMERICAN AUTO GLASS KATIE PROFETA BONNIE GIAMMATTEI KENNETH FASS JR CARRIE FERNGREN AMOUNT 16,109.43 60.00 141.91 67.24 47.00 19.14 25.00 5,280.65 192.62 764.40 5,865.18 300.00 384.76 209.72 586.00 2,419.31 880.99 2,185.63 2,124.00 9,632.00 160.00 290.00 36.00 60.00 3,512.21 6,271.00 30.00 285,986.75 2,850.00 415.35 170.00 33.28 1,148.52 1,296.00 1,000.00 180.00 3,536.01 5,689.65 49.50 450.00 165.00 5,265.62 1,750.00 142.00 32,260.30 250.00 1,368.12 120.00 300.00 340.00 130.00 120.00 349.18 140.58 70.00 180.00 90.00 1,234,061.15 5 TRANS. NBR 1015198 1015199 1015200 1015201 1015202 1015203 1015204 1015205 1015206 1015207 1015208 1015209 1015210 1015211 1015212 1015213 1015214 101.5215 1015216 1015217 1015218 1015219 1015220 1015221 1015222 1015223 1015224 1015225 1015226 1015227 1015228 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 06/28/2019 07/02/2019 07/02/2019 07/02/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR OFFICE DEPOT BSD CUSTOMER SVC AT&T WASTE MANAGEMENT INC COMCAST AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST HELENA CHEMICAL INDIAN RIVER OXYGEN INC RING POWER CORPORATION APPLE INDUSTRIAL SUPPLY CO AIR COMPRESSOR WORKS INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC COMO OIL COMPANY OF FLORIDA PRIDE ENTERPRISES COMPLETE ELECTRIC INC MIDWEST MOTOR SUPPLY CO METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SIMS CRANE & EQUIPMENT CO HORIZON DISTRIBUTORS INC TIGHT LINE PRODUCTIONS INC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANYALYTICAL LLC AMOUNT 1,789.26 7,781.99 126.50 387.12 88.59 1,505.47 7,730.09 432.58 810.00 89.00 1,244.25 570.00 3,736.80 14,779.60 123.92 4,541.95 140.40 297.48 601.57 340.58 190.00 596.65 1,068.80 456.25 642.00 187.23 514.25 355.00 261.88 3,158.13 1,887.00 56,434.34 1 TRANS NBR 6878 6879 6880 6881 6882 6883 6884 6885 6886 6887 6888 6889 6890 6891 6892 6893 6894 6895 6896 6897 6898 P -CARD 6899 6900 6901 6902 6903 6904 6905 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 06/28/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/01/2019 07/02/2019 07/02/2019 07/02/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 07/03/2019 VENDOR I R C HEALTH INSURANCE - TRUST CHARD SNYDER & ASSOCIATES INC HIGHMARK STOP LOSS BLUE CROSS & BLUE SHIELD OF FLORIDA INC TOTAL ADMINISTRATIVE SERVICES CORP VEROTOWN LLC KIMLEY HORN & ASSOC INC NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC TEAMSTERS LOCAL UNION #769 IRC FIRE FIGHTERS ASSOC REGIONS BANK IRS -PAYROLL TAXES FL SDU CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY PROPERTY APPRAISER ST LUCIE BATTERY & TIRE CO ATLANTIC COASTAL LAND TITLE CO LLC CLERK OF CIRCUIT COURT TD BANK, N.A. VETERANS COUNCIL OF I R C MUTUAL OF OMAHA FIDELITY SECURITY LIFE INSURANCE COMPANY C E R SIGNATURE CLEANING AMERICAN FAMILY LIFE ASSURANCE CO ALLSTATE FL RETIREMENT SYSTEM AMOUNT 633,256.86 92.00 23,255.64 36,600.00 11,941.59 44,165.02 32,634.00 5,549.22 52,123.80 5,503.00 9,949.76 4,322,408.52 469,133.13 5,845.51 86,776.25 4,076,513.98 92,596.64 879,864.72 1,030.00 19,026.60 434.68 10,935.06 7,275.52 17,931.40 3,658.68 3,680.00 19,027.18 175.92 661,973.69 11,533,358.37 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 8, 2019 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/19 7Q BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2019, the balance in the Fund is $109,444. The Clerk's office will continue to provide a quarterly report of the traffic education trust. activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. 23 REVENUES Fines and forfeitures Interest Total Revenues EXPENDITURES Public Safety Total Expenditures Net change in fund balances Fund balances at beginning of year Fund balances at end of year Indian River. County, Florida Statement of Revenues, Expenditures and Changes in Fund Balances Traffic Education Program FY2003-2011 10/01/2002- 9/30/2011 FY2012 10/01/2011- 9/30/2012 FY2013 10/01/2012- 9/30/2013 FY2014 10/01/2013- 9/30/2014 FY2015 10/01/2014- 9/30/2015 FY2016 10/01/2015- 9/30/2016 FY2017 10/01/2016- 9/30/2017 FY2018 10/01/2017- 9/30/2018 YTDFYI9 10/01/2018- 6/30/2019 Inception to Date Totals $ 187,719 $ 213 $ 36 $ 15 $ 31,987 $ 64,510 $ 65,282 $ 59,237 $ 38,186 26,242 104 70 28 59 264 377 921 1,095 213,961 317 106 43 32,046 64,774 65,659 60,158 39,281 476,345 178,615 8,900 12,460 6,675 6,230 60,000 34,450 44,409 15,162 178,615 8,900 12,460 6,675 6,230 60,000 34,450 44,409 15,162 366,901 35,346 (8,583) (12,354) (6,632) 25,816 4,774 31,209 15,749 24,119 - 35,346 26,763 14,409 7,777 33,593 38,367 69,576 85,325 35,346 26,763 14,409 7,777 33,593 38,367 69,576 85,325 109,444 109,444. School District of Indian River County St. Edwards School Total Disbursed to Date $ 244,081 $ 122,820 $ 366,901 24 gt July 8, 2019 Board of County Commissioners Attention: Bob Solari 1801 27th Street, Bldg A Vero Beach, FL 32960 Re: Errors and Insolvencies Report for the 2018 Tax Roll Dear Chairman Solari: Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the Recapitulation of the 2018 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, 94.4u.t.,, Carole Jean Jordan Indian River County Tax Collector CJJ:ekp Attachments 25 REPORT OF DISCOUNTS, ERRORS, DOUBLE ASSESMENTS, AND INSOLVENCIES Section 197.492, Florida Statutes Certified to the Board of County Commissioners by Carole Jean Jordan Tax Collector for Indian River County, Florida. Discounts, errors, double assessments, insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page of the report Person the tax is assessed against in the roll Description of land or personal property Property ID # Total taxes deleted Reason for reduction KLEIN JEFF DENTON ROBERTJR * and JEANETTE M HEALTH SYSTEMS OF INDIAN RIVER INC SLADE JON JEFFREY (COTRS) & BONNIE SUSAN (COTRS) HUMANA INC THE INLET AT SEBASTIAN CONDO ASSOC INC SMITH RICHARD A & INGRID B WEDDINGTON DONALD JON and CINDY SUE VONDERHEYDE GERRIT H & BARBARA K (TR) LAMB CHARLENE R HOYT MARIANNE 5 & RONALD E MERCHANT RICHARD J & MARIE P KESSINGER MARY L and CALVERT DANIEL RED BIRD INVESTMENTS LLC GROVER ALBERT D & DYNASTY PROPERTIES OF SOUTH FLORIDA LLC BENJAMIN LYNDA L D'AMICO GUY & LISA DAVIES JEFFREY NEIL and JENNIFER ANNE ROTCHFORD GEORGE D & MARILYN 1 & DESTINATION SEBASTIAN LLC GAMUT PROPERTIES LLC CT CORPORATION SYSTEM GAMUT PROPERTIES LLC CORDNER HAROLD and LIANNE CORDNER HAROLDJ and LIANNE K UNITED REAL ESTATE VENTURES INC SAC RENTALS INC RBCR LLC LISLE DORIS M (TR) RBCR LLC LISLE DORIS M (TR) MILLS KATHRYN (TR) MILLS KATHRYN (TR) FL ATL CITRUS PROP OWNRS ASSOC FL ATL CITRUS PROP OWNRS ASSOC FL ATL CITRUS PROP OWNRS ASSOC ROSA FRANCIS & MICHELE PLATT ROY E (1/2)(TR) & SANDRA C (TR)(1/2) PLATT ROY E (1/2)(TR) & SANDRA C (1/2)(TR) BREVARD COUNTY CATTLE COMPANY FELLSMERE JOINT VENTURE IRC HABITAT FOR HUMANITY FELLSMERE JOINT VENTURE IRC HABITAT FOR HUMANITY IRC HABITAT FOR HUMANITY FELLSMERE JOINT VENTURE IRC HABITAT FOR HUMANITY, INC IRC HABITAT FOR HUMANITY FELLSMERE JOINT VENTURE IRC HABITAT FOR HUMANITY INC QUINN JUNE B ROUTON ELIZABETH A FELLSMERE JOINT VENTURE GUEVARA MARIA M AGUILERA SANCHEZ BENITO & LETICIA & JGS VENTURES 11 LLC COLLINS SHATONYA STRAFFORD CHARLES & WENDY SNYDER WAYNE E D'ANGELO COLLEEN L 30-38-00-00001-0220-00035/0 30-38-21-00001-0000-00009/0 30-38-21-00016-0000-00001/0 30-38-22-00002-0006-00000/0 30-38-25-00000-0010-00017/0 30-38-25-00000-0050-00015/0 30-38-25-00001-0010-00012/0 30-38-25-00002-0020-00009/0 30-38-25-00004-0000-00011/0 30-38-25-00007-0000-00001/1 30-38-25-00021-0003-00102/0 30-38-28-00011-0000-00368/0 30-38-30-00006-0000-00003/2 30-38-36-00004-0010-00017/0 30-39-33-00000-1000-00005/0 30-39-33-00000-1000-00006/0 30-39-33-00000-1000-00009/0 30-39-33-00000-1000-00009/1 30-39-33-00000-1000-00010/0 30-39-33-00000-7000-00005/0 30-39-33-00000-7000-00007/0 30-39-33-00000-7000-00009/0 30-39-33-00000-7000-00010/0 30-39-33-00000-7000-00012/0 30-39-33-00000-7000-00013/0 30-39-33-00000-7000-00015/0 30-39-33-00000-7000-00016/0 31-35-03-00000-1000-00005/0 31-35-03-00000-3000-00002/0 31-35-03-00000-5000-00003/0 31-35-04-00000-5000-00004/0 31-35-06-00000-5000-00001/1 31-35-18-00000-3000-00001/0 31-37-00-00001-0366-00001/0 31-37-00-00001-0568-00001/0 31-37-00-00001-0625-00001/0 31-37-00-00001-0733-00001/0 31-37-00-00001-1019-00001/0 31-37-00-00001-1020-00001/0 31-37-00-00001-1068-00001/0 31-37-00-00001-1074-00001/0 31-37-00-00001-1239-00001/0 31-37-00-00001-1239-00001/1 31-37-00-00001-1241-00001/0, 31-37-00-00001-1241-00001/1 31-37-00-00001-1242-00001/0 31-37-00-00001-1251-00001/0 31-37-00-00001-1251-00001/1 31-37-00-00001-1252-00001/0 31-37-00-00001-1342-00001/0 31-37-00-00001-1351-00001/0 31-37-00-00001-1369-00001/0 31-37-00-00001-1648-00001/1 31-37-00-00001-2122-00001/0 31-37-00-00009-0530-00014/0 31-37-00-00009-0790-00001/0 31-37-00-00009-1210-00014/0 31-37-00-00009-1210-00018/0 31-37-00-00014-0000-00063/0 31-38-01-00002-0100-00011/0 31-38-01-00002-0210-00007/0 31-38-01-00003-0770-00002/0 1,584.79 (28.83) (2,218.81) (15.82) (2.65) (1.13) (8,133.62) 797.64 708.20 (26.37) 1,896.00 278.66 (25.35) 1,079.42 (3.05) (3.14) (2.88) (2.88) (3.28) (3.05) (3.18) (3.09) (2.52) (5.00) (5.11) (1.20) (6.09) (2.00) (21.65) (3.83) (12.22) (21.98) (22.96) (0.54) (0.44) (0.54) 97.21 2,046.10 (2,046.10) 202.91 (202.91) 582.70 (552.19) 1,305.22 (103.78) (924.42) 102.89 (102.89) (277.02) 1,650.47 (30.51) 2,005.36 953.37 7,981.03 820.57 558.27 3,032.32 (3,032.32) 42.82 65.52 190.18 116.26 Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors 26 WOODWARD PENELOPE SWIFT 31-38-01-00003-0860-00018/0 1,583.44 Errors PATERKA DANIEL F & JUDITH A 31-38-01-00003-0920-00008/0 657.77 Errors MCCLURE ELIZABETH M 31-38-01-00006-0000-00025/0 (120.00) Errors FEY HAROLD 31-38-11-00003-0090-00019/0 (5.49) Errors DYACK FAY 1 (LE) 31-38-13-00001-1760-00041/0 1,711.16 Errors GOODGER LAURA 31-38-13-00001-1880-00014/0 1,798.65 Errors BATISTA MARCOS 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VERONICA 33-39-07-00004-0000-00119/0 2,789.02 Errors JACONETTE EDWARD F & LINDA S 33-39-07-00004-0000-00125/0 56.44 Errors ARNOLD SHERYL 33-39-09-00028-0000-00004/0 100.33 Errors DIAZ MARIO * and RAQUEL 33-39-10-00001-0070-00004/0 (9.84) Errors SOWELL BROADUS F and PATRICIA B 33-39-10-00001-0070-00009/2 (9.84) Errors GALLUP JAMES M & JEANNE E 33-39-10-00005-0000-00019/0 1,600.47 Errors PARKIS LAWRENCE B 33-39-11-00004-0010-00001/0 818.68 Errors MORETTI JAMES & JEANNE 33-39-11-00006-0050-00008/0 45.66 Errors SCHROEDER ALBERT JOHN MARY JUDITH 33-39-11-00006-0050-00008/3 (45.66) Errors PALMER DONALD L (TR)(TOK) 33-39-11-00015-0000-00007/0 81.83 Errors COLLIER ELAINE R & 33-39-11-00023-0010-00003/0828.42 Errors ERASER BRADLEY W 33-39-11-00025-0020-00012/0 264.58 Errors LEWIS JESSIE G * & 33-39-12-00000-1000-00042/0 (14.42) Errors BARATTINI P 33-39-12-00000-1000-00042/1 (19.67) Errors SAWMILL RIDGE PROPERTIES INC 33-39-12-00000-3000-00039/0 (26.22) Errors GRIMM MANAGEMENT LTD PTNR 33-39-12-00000-3000-00039/1 (3.28) Errors FOSTER ANGEL K 33-39-12-00003-0011-00005/0 1,126.50 Errors VILLAGE WALK INC * 33-39-12-00043-0000-00001/0 (13.13) Errors HEALTH CARE REIT INC * 33-39-13-00000-1000-00014/0 (7.88) Errors SCHLITT MARGUERITE M (1/2) & 33-39-13-00000-7000-00002/1 (6.57) Errors JAHOLKOWSKI MICHAEL 1 33-39-13-00002-0030-00017/0 174.51 Errors 656-658-660 2ND LANE LLC 33-39-13-00023-0000-00003/0 22.68 Errors DEMARZO JOSEPH & PEGGY 33-39-14-00007-0240-00006/0 145.27 Errors CARINI EUGENE * and OLIVE B 33-39-15-00001-0080-00019/0 (5.25) Errors HURST MACY & ALBERT Z 33-39-15-00002-0000-00012/0 (12.74) Errors DUNCAN SAMUEL NICHOLAS 33-39-15-00006-0001-00003/0 313.36 Errors AVERILLJACK D II & MARGARETJ 33-39-15-00009-0001-00016/0 14.74 Errors AEP CHARTER IMAGINE VERO LLC ATTN; BRAD COBURN 33-39-17-00001-0070-00001/0 50,648.18 Errors AKERS CHARLES H JR & BETTY JO P 33-39-17-00005-0005-00007/0 1,312.89 Errors 30 ENRIQUEZ PEDRO and TERESA 33-39-18-00001-0050-00004/0 (2.64) Errors KAHLE GEORGE A & SANDRA R 33-39-18-00001-0090-00002/0 (7,955.22) Errors EJ & ME LLC 33-39-18-00001-0130-00001/0 356.24 Errors ORTEGA JOSE MIRIAM JUAREZ 33-39-18-00001-0130-00001/1 (356.24) Errors LAMBERT CAROL A 33-39-21-00010-0000-00007/0 7.71 Errors CASE ALEASE W (TR) 33-39-21-00017-0000-00019/0 2,434.27 Errors MEUNIER PAUL CONRAD & KATHLEEN ANN 33-39-21-00018-0000-00088/0 2,745.13 Errors CALDABAUGH KEVIN B & SARAH L 33-39-21-00018-0000-00092/0 3,377.72 Errors RUBIN MICHAEL E & JACQUELINE S 33-39-21-00019-0000-00026/0 1,230.75 Errors SCHMITT CARL A 33-39-21-00023-0000-00016/0 78.81 Errors KLAPSA THOMASJ 33-39-22-00020-0000-00028/0 889.10 Errors JULES JEAN ROBERT 33-39-23-00006-0020-00029/0 41.30 Errors TAYLOR KATHY K & ROBERT W 33-39-23-00018-0000-00254/0 250.53 Errors DEROCHE MELISSA 33-39-23-00019-0000-00189/0 327.82 Errors TAYLOR JAEFOUS PERNELLJR 33-39-24-00011-0007-00008/0 81.85 Errors BRADLEY BENNETT A SR • 33-39-24-00013-0000-00026/0 604.74 Errors DM PERFECTION INC 33-39-24-00014-0000-00000/1 (13.13) Errors REED DAVID & CHERYL 33-39-24-00022-0000-00141/0 327.85 Errors BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 33-39-24-00023-0000-00000/3 131.12 Errors MCINTOSH JOHN LJR 33-39-24-00023-0000-00152/0 375.19 Errors FRITH GRACE 1 33-39-24-00023-0000-00153/0 150.58 Errors RILEY RANDY & MARGARITA 33-39-24-00023-0000-00157/0 375.02 Errors ELIA SAMUEL & ELLEN 33-39-24-00023-0000-00161/0 392.57 Errors HARDING JAMES P & CHARMAINE A 33-39-24-00023-0000-00167/0 375.05 Errors HARRISON HERBERT WAYNE & FRANCES S 33-39-24-00023-0000-00170/0 375.04 Errors BIAGGI LESLIE A & 33-39-24-00023-0000-00285/0 935.84 Errors KING PAUL F (LE) & ALICE W (LE) 33-39-24-00023-0000-00287/0 375.04 Errors FASHONA ANTHONY J & SAMANDA 33-39-24-00023-0000-00288/0 40.33 Errors NICHOLSON RONALD & VICKI 33-39-24-00023-0000-00289/0 201.32 Errors LANG DAVID W & BARBARA Y 33-39-24-00024-0000-00057/0 (4,254.36) Errors GRBK GHO SERENOA LLC 33-39-24-00024-0000-00058/0 (3,913.99) Errors GRANA MILAGROS ZALDIVAR 33-39-25-00003-0022-00002/0 40.35 Errors PERRY ADRIENNE DREW & DWIGHT AUDLE 33-39-25-00004-0003-00013/0 1,210.85 Errors WILLIAMS DIANE E 33-39-25-00006-0040-00008/0 713.74 Errors JOHNSON EVERETT & ANEESHA 33-39-26-00004-0005-00005/0 622.72 Errors EASTMAN GAYLA D (LE) 33-39-26-00005-0003-00009/0 84.37 Errors MCGLOWN GEORGE E & CANDICE 33-39-26-00018-0000-00019/0 225.06 Errors BARREIRO MARIA & 33-39-26-00018-0000-00020/0 91.18 Errors JORDAN INDIA 33-39-26-00018-0000-00021/0 172.86 Errors NELSON ROSIE 33-39-26-00018-0000-00022/0 174.46 Errors PAULIDOR LUMEN E 33-39-26-00018-0000-00023/0 196.65 Errors HAWKINS KEVIN S 33-39-27-00002-0170-00016/0 (2,305.08) Errors WHITE BRANDON ALEXANDER EDISON & REBECCA IVY 33-39-27-00005-0030-00002/0 (116.85) Errors SEXTON CHARLES RJR and FRANCES GRAVE 33-39-28-00001-0150-00002/0 808.04 Errors MCCLOSKEY GEORGE & 33-39-28-00008-0000-00063/0 843.32 Errors SEGURA ROSARIO L & THOMAS N 33-39-28-00012-0000-00003/0 256.51 Errors PUZZELE MICHAEL D 33-39-28-00012-0000-00047/0 4,481.15 Errors INDIAN RIVER EXCHANGE PACKERS INC (50%) & 33-39-30-00001-0040-00001/0 (9.50) Errors CANADY LAND HOLDINGS LLC 33-39-31-00001-0110-00002/0 9,065.06 Errors CANAL R/W 33-39-34-00001-0130-00002/0 (7.88) Errors WELSH JAMES D & NANCY C 33-39-34-00006-0000-00076/0 24.90 Errors PAULEY DRYWALL AND CONSTRUCTION LLC 33-39-35-00002-1190-00007/0 153.98 Errors PAULEY DRYWALL AND CONSTRUCTION LLC 33-39-35-00002-1190-00008/0 (208.48) Errors PAWLOWSKI MICHAEL and KATHRYN 33-39-35-00002-1220-00012/0 155.74 Errors SPANN WALTER E 33-39-35-00002-1480-00018/0 2,307.26 Errors PAULEY DRYWALL AND CONSTRUCTION LLC 33-39-36-00005-0460-00010/1 (166.40) Errors PAULEY DRYWALL AND CONSTRUCTION LLC 33-39-36-00005-0460-00011/0 111.90 Errors HAYDEN PAUL E & HELEN M 33-39-36-00005-0850-00013/0 2,319.34 Errors DESIR ANONCE and PHRASILIA NORCIUS 33-39-36-00005-1160-00023/0 , 876.64 Errors PARCHMENT MICHAEL S 33-39-36-00005-1160-00025/0 1,685.46 Errors PRICE WILLIAM ROBERT JR and CAROL L 33-40-05-00008-0002-00000/1 (28.68) Errors GUETTLER TYLER S & KATIE M 33-40-05-00010-0040-00005/0 750.14 Errors GARCIA GIGI (1/2) & 33-40-05-00012-0010-00012/0 1,525.71 Errors PATTERSON KRISTINE H 33-40-05-00012-0070-00008/0 (3,511.23) Errors COOKE JEFFREY H 33-40-08-00001-0002-00203/0 29.41 Errors CLEMENT DOUGLAS B & 33-40-08-00004-0000-00076/0 (3,389.96) Errors COSGROVE BARBARA ANN (TR) 33-40-08-00011-0000-00031/0 3,032.29 Errors ASTA NINA (LE) 33-40-16-00002-0000-00010/0 2,429.76 Errors TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 (2.64) Errors PISANO GENARO J and MARIE J 33-40-18-00002-0060-00106/0 100.64 Errors DORMI BETTY E 33-40-18-00002-0110-00104/0 196.80 Errors BOOTH KATHERINE L * 33-40-18-00002-0190-00207/0 411.90 Errors VISTA II INC * 33-40-19-00001-0010-00002/1 (11.80) Errors 31 VIENS THERESAT (LE) 33-40-19-00004-0750-00107/0 397.45 Errors DU PONT ELISSA M STEVENS 33-40-21-00008-0000-00058/0 8,866.58 Errors MOORE JUDITH 33-40-21-00012-0000-00500/2 1,700.49 Errors SEVERUD ROBERT R & JEAN 33-40-21-00015-0304-00002/0 1,866.65 Errors DUPAYJAMES A 33-40-22-00001-0004-00004/0 2,388.96 Errors ROE FAMILY BEACH PARTNERSHIP 33-40-27-00000-0030-00005/1 636.07 Errors KURDYLA FRANCIS J (4/5) 33-40-27-00015-0000-00110/0 77.14 Errors SCHOFIELD DIANE FRENCH (TR)(TOK)* 33-40-27-00036-0000-00216/0 2,907.86 Errors SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00001/0 (12.48) Errors SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00004/0 (22.46) Errors ROE FAMILY BEACH PARTNERSHIP 33-40-28-00000-0030-00005/0 (22.22) Errors ATLANTIS PROPERTIES OF VERO BEACH LLC (2/3) & 33-40-28-00000-0030-00007/0 (26.34) Errors BAUR SHAUNA 33-40-28-00000-0040-00005/0 (5.13) Errors VALLEY NATIONAL BANCORP 0018125 0000 973.13 Errors BILLY'S AUTO SERVICE INC 0187652 0000 (21.02) Errors CRAVINGS INC 0190215 0000 (23.05) Errors DERMATHERAPY INC 0190361 0000 (17.79) Errors O'HAIRE, QUINN & CASALINO CHTRD 0199510 0000 (18.20) Errors COMPASS GROUP USA INC 0199693 0000 (23.53) Errors DIXSAN INC 0202761 0000 (28.97) Errors JO LORI A TWO INC 0204785 0000 (19.82) Errors TREASURE COAST BUILDERS INC 0204909 0000 (26.17) Errors ST LUCIE BATTERY & TIRE COMPANY 0204965 0000 (15.41) Errors PALM TREE MANAGEMENT CORP 02063920000 (4.73) Errors HALL CHRISTINE 02075430000 (26.99) Errors DR BRYAN WELLS 0208171 0000 118.22 Errors HUGHES NETWORK SYSTEMS LLC 0209138 0000 (6.95) Errors PRIMO WATER CORPORATION 0209852 0000 (28.41) Errors PRIMO WATER CORPORATION 0209854 0000 (24.07) Errors CHARLOTTE RUSSE INC 147 0210354 0000 (0.63) Errors PALMS AT VERO BEACH LP THE 0215213 0000 (19.56) Errors CHEVRON MART INC 0215948 0000 (14.39) Errors SAY IT AIN'T SEW INC 02174200000 (21.59) Errors 2602 PETROL INVESTMENTS LLC 0217459 0000 5,710.84 Errors DEONARINE MEDICAL CTR LLC 0217509 0000 (3.33) Errors CREATIVE HAIRDRESSERS INC 0218524 0000 (2.07) Errors STATE FARM MUTUAL AUTO INS CO 0218786 0000 (7.05) Errors VERO BEACH WINNELSON COMPANY INC 0219707 0000 (5.37) Errors INDIAN RIVER MEDICAL CENTER 0220254 0000 1,310.45 Errors SUEN JOHN S MD PA 0220532 0000 (1,879.37) Errors COMCAST IP PHONE 11 LLC 0220811 0000 (8.37) Errors LEVEL 3 COMMUNICATIONS PROPERTY TAX DEPT 0221025 0000 (18.62) Errors OMNICARE OF CENTRAL FLORIDA 0221029 0000 (8.64) Errors INDIAN RIVER MEMORIAL HOSPITAL INC 0221348 0000 (7.21) Errors SPACE COAST CREDIT UNION 0221745 0000 (22.99) Errors PRIMECOMMUNICATONS 02217610000 (23.53) Errors PRIME COMMUNICATIONS 630 0221762 0000 (27.36) Errors GREENLEAF COMPACTION INC 0221852 0000 (21.25) Errors BEAUTY SYSTEMS GROUP LLC 0221902 0000 (24.13) Errors COMCAST BROADBAND SECURITY 0222051 0000 (25.77) Errors VZW PERSONAL COMM LP 0222053 0000 (8.22) Errors CROWN CREDIT COMPANY BUSINESS PROPERTY LEASING 0222275 0000 (11.29) Errors CROWN CREDIT COMPANY BUSINESS PROPERTY LEASING 0222276 0000 (14.44) Errors CHRISTOPHER & BANKS INC 3261 0222280 0000 2,955.93 Errors USI INSURANCE SERVICES LLC 0222299 0000 (20.78) Errors NATIONAL APERTURE INC 0222493 0000 (14.61) Errors AZTEC FINANCIAL INC 0222497 0000 (25.29) Errors PATRIOT OUTPOST LLC 0222742 0000 (11.46) Errors PNC BANK NA 0222751 0000 (27.46) Errors WALKING TREE BREWERY 0222793 0000 1,952.06 Errors ASCENTIUM CAPITAL LLC 0222820 0000 (7.29) Errors SOMERSET CAPITAL GROUP LTD 0222874 0000 (13.41) Errors VERO SPINE & SPORT REHAB 0222962 0000 3,574.42 Errors VERO BEACH NEUROLOGY & RESEARCH INSTITUTE 0222979 0000 (1,579.21) Errors MOBRO MARINE INC 0223026 0000 (16.67) Errors HUGHES NETWORK SYSTEMS LLC 0223030 0000 (4.14) Errors PERKINS SUSAN 0223040 0000 761.63 Errors GAWEL RAYMOND & LANNA 0223047 0000 (15.73) Errors GOLF VERO LLC 0223049 0000 (25.75) Errors COPPINGER GLENN 0223055 0000 (8.44) Errors NANCY L KARPOWICZ 0223065 0000 328.86 Errors B A S F CORPORATION 7100007 (23.57) Errors EXXON MOBIL CORP 7100177 (21.73) Errors 32 INEOS USA LLC 7100245 (28.63) Errors S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7100338 (11.45) Errors B A S F CORPORATION 7200007 (7.60) Errors DOW CHEMICAL COMPANY 7200019 (19.32) Errors EQUISTAR CHEMICALS LP 7200119 (13.00) Errors EXXON MOBIL CORP 7200177 (7.03) Errors DAVIDJJOSEPH CO 7200215 (12.54) Errors INEOS USA LLC 7200245 (9.27) Errors AMERICAN RAILCAR INDUSTRIES 7200253 (27.70) Errors KOCH RAIL LLC 7200322 (16.74) Errors TITAN FLORIDA LLC 7200330 (10.13) Errors S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7200338 (3.71) Errors VALERO TERMINATING & DISTR CO 7200351 (12.44) Errors FORMOSA TRANSRAIL CORPORATION 7200741 (21.45) Errors M & G RESINS 7200751 (13.23) Errors 5 M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7300338 (19.96) Errors B A 5 F CORPORATION 7400007 (16.19) Errors EQUISTAR CHEMICALS LP 7400119 (27.59) Errors EXXON MOBIL CORP 7400177 (14.93) Errors DAVID J JOSEPH CO 7400215 (26.63) Errors INEOS USA LLC 7400245 (19.66) Errors TITAN FLORIDA LLC 7400330 (21.51) Errors S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7400338 (7.85) Errors VALERO TERMINATING & DISTR CO 7400351 (26.44) Errors M & G RESINS 7400751 (28.08) Errors Grand Total - Errors 462,000.68 DENTON ROBERTJR * and JEANETTE M ROSELAND UNITED METHODIST CHURCH INC ROSELAND UNITED METHODIST CHURCH ROSELAND UNITED METHODIST CHURCH INC ROSELAND UNITED METHODIST CHURCH INC SLADE JON JEFFREY (COTRS) & BONNIE SUSAN (COTRS) HUMANA INC THE INLET AT SEBASTIAN CONDO ASSOC INC LAMB CHARLENE R KESSINGER MARY L and CALVERT DANIEL GROVER ALBERT D & DYNASTY PROPERTIES OF SOUTH FLORIDA LLC BENJAMIN LYNDA L* D'AMICO GUY & LISA DAVIESJEFFREY NEIL and JENNIFER ANNE ROTCHFORD GEORGE D & MARILYN I & DESTINATION SEBASTIAN LLC GAMUT PROPERTIES LLC CT CORPORATION SYSTEM GAMUT PROPERTIES LLC CORDNER HAROLD and LIANNE CORDNER HAROLD! and LIANNE K UNITED REAL ESTATE VENTURES INC SAC RENTALS INC RBCR LLC LISLE DORIS M (TR) RBCR LLC LISLE DORIS M (TR) MILLS KATHRYN (TR) MILLS KATHRYN (TR) FL ATL CITRUS PROP OWNRS ASSOC FL ATL CITRUS PROP OWNRS ASSOC FL ATL CITRUS PROP OWNRS ASSOC FL ATL CITRUS PROP OWNRS ASSOC NEW BETHELAME CHURCH MT OLIVE MISSIONARY BAPTIST CHURCH MT OLIVE MISSIONARY BAPTIST CHURCH MILLER PAMELA FELLSMERE CHURCH OF GOD (TRS) REDLANDS CHRISTIAN MIGRANT ASSOCIATION INC JOURNIGAN HORACE (TRS) & FIRST BAPTIST CH OF FELLSMERE CITY OF FELLSMERE FEY HAROLD UNITED REAL ESTATE VENTURES IN GOLDING JEFFREY & MARY BETH CITY OF SEBASTIAN INDIAN RIVER COUNTY 30-38-21-00001-0000-00009/0 29.83 Under Minimum 30-38-21-00005-0080-00001/0 1.00 Under Minimum 30-38-21-00005-0090-00004/0 1.00 Under Minimum 30-38-21-00005-0100-00006/0 1.00 Under Minimum 30-38-21-00005-0120-00001/0 1.00 Under Minimum 30-38-22-00002-0006-00000/0 15.82 Under Minimum 30-38-25-00000-0010-00017/0 2.65 Under Minimum 30-38-25-00000-0050-00015/0 1.13 Under Minimum 30-38-25-00007-0000-00001/1 26.37 Under Minimum 30-38-30-00006-0000-00003/2 25.35 Under Minimum 30-39-33-00000-1000-00005/0 3.05 Under Minimum 30-39-33-00000-1000-00006/0 3.14 Under Minimum 30-39-33-00000-1000-00009/0 2.88 Under Minimum 30-39-33-00000-1000-00009/1 2.88 Under Minimum 30-39-33-00000-1000-00010/0 3.28 Under Minimum 30-39-33-00000-7000-00005/0 3.05 Under Minimum 30-39-33-00000-7000-00007/0 3.18 Under Minimum 30-39-33-00000-7000-00009/0 3.09 Under Minimum 30-39-33-00000-7000-00010/0 2.52 Under Minimum 30-39-33-00000-7000-00012/0 5.00 Under Minimum 30-39-33-00000-7000-00013/0 5.11 Under Minimum 30-39-33-00000-7000-00015/0 1.20 Under Minimum 30-39-33-00000-7000-00016/0 6.09 Under Minimum 31-35-03-00000-1000-00005/0 2.00 Under Minimum 31-35-03-00000-3000-00002/0 21.65 Under Minimum 31-35-03-00000-5000-00003/0 3.83 Under Minimum 31-35-04-00000-5000-00004/0 12.22 Under Minimum 31-35-06-00000-5000-00001/1 21.98 Under Minimum 31-35-18-00000-3000-00001/0 22.96 Under Minimum 31-37-00-00001-0366-00001/0 29.54 Under Minimum 31-37-00-00001-0568-00001/0 29.44 Under Minimum 31-37-00-00001-0625-00001/0 29.54 Under Minimum 31-37-00-00001-0677-00001/0 29.00 Under Minimum 31-37-00-00004-0020-00061/0 29.00 Under Minimum 31-37-00-00004-0030-00073/0 29.00 Under Minimum 31-37-00-00004-0030-00074/0 29.00 Under Minimum 31-37-00-00007-0010-00003/0 29.00 Under Minimum 31-37-00-00009-0820-00001/0 29.00 Under Minimum 31-37-00-00009-0830-00016/0 29.00 Under Minimum 31-37-00-00009-1160-00012/0 29.00 Under Minimum 31-37-00-00013-0000-00000/3 29.00 Under Minimum 31-38-11-00003-0090-00019/0 5.49 Under Minimum 31-39-04-00000-0030-00004/0 13.65 Under Minimum 31-39-04-00000-0030-00004/1 2.65 Under Minimum 31-39-06-00003-0010-00001/2 14.16 Under Minimum 31-39-06-00017-0010-00013/1 6.30 Under Minimum 33 MOTIVA ENTERPRISES LLC CONDE CLARENCE P * LECK PROPERTIES INC FISCHER HENRY A BOOS -GMC SEBASTIAN LLC SCHWERIN 510 LLC W WABASSO CEMETERY ASSOC INC DAWSEY WOODROW DAWSEY WOODROW ABT MICHAEL C and TAFFI * ABT MICHAEL C and TAFFI * INDIAN RIVER COUNTY GRAVES BROS* GRAINGER KEITH A & TR OF HEAVENLY CHURCH OF FIRST BORN SEACREST ESTATES INC * SMITH GERALDINE MCPHERSON (SUCCOTRS) FBO TREVOR E SMITH TRUST CROOKED TREE LAND AND CATTLE COMPANY RBCR LLC RBCR LLC MCINTURF ENTERPRISES INC LGR RANCH CATTLE COMPANY LLC LATT MAXCY CORP TRIPLE S LAND COMPANY CROOKED TREE LAND AND CATTLE COMPANY TRIPLE S LAND COMPANY KAHLE FAMILY INVESTMENTS III LLC STORER DAVID DUN & CHERI CLARK STORER DAVID DUN & CHERI C SILVERS RICHARD WARREN & CATHERINE ANNE PRESSLEY RANCH INC PRESSLEY RANCH INC HOLMAN B L (LESS) LATOUR JORGE A and CONSUELO P HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & INDIAN RIVER PROPERTY LP HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & O'HAIRE MICHAEL KEAN JOHN (TRS) & THE STRAND AT INDIAN RIVER SHORES LLC LOST TREE VILLAGE CORP LOST TREE VILLAGE CORP WINKLER ANDREW! 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32-40-31-00010-0010-00000/5 18.50 Under Minimum 32-40-31-00010-0020-00000/5 18.50 Under Minimum 32-40-31-00010-0030-00000/5 18.50 Under Minimum 32-40-31-00010-0040-00000/5 18.50 Under Minimum 32-40-31-00010-0050-00000/5 18.50 Under Minimum 32-40-31-00010-0060-00000/5 18.50 Under Minimum 32-40-31-00010-0070-00000/5 18.50 Under Minimum 32-40-31-00010-0080-00000/5 18.50 Under Minimum 32-40-31-00010-0090-00000/5 18.50 Under Minimum 32-40-31-00010-0100-00000/5 18.50 Under Minimum 32-40-31-00010-0110-00000/5 18.50 Under Minimum 32-40-31-00010-0120-00000/5 18.50 Under Minimum 32-40-31-00010-0210-00000/5 18.50 Under Minimum 32-40-31-00014-0000-00000/1 18.50 Under Minimum 32-40-31-00016-0000-00000/1 18.50 Under Minimum 32-40-31-00017-0000-00000/3 18.50 Under Minimum 32-40-32-00014-0000-00000/1 28.68 Under Minimum 33-37-04-00000-5000-00003/0 19.18 Under Minimum 33-37-14-00000-3000-00002/0 23.72 Under Minimum 33-37-14-00000-5000-00001/1 20.99 Under Minimum 33-37-14-00000-7000-00001/1 14.04 Under Minimum 33-37-16-00000-1000-00002/0 21.50 Under Minimum 33-37-23-00000-7000-00002/0 14.60 Under Minimum 33-38-03-00002-0010-00009/0 24.42 Under Minimum 33-38-03-00002-0030-00008/0 26.18 Under Minimum 33-38-03-00002-0030-00009/0 0.79 Under Minimum 33-38-03-00002-0030-00019/0 19.29 Under Minimum 33-38-03-00002-0170-00013/1 27.26 Under Minimum 33-38-10-00002-0000-00199/0 18.50 Under Minimum 33-38-12-00002-0000-00045/1 25.07 Under Minimum 33-39-01-00000-3000-00008/0 16.32 Under Minimum 33-39-01-00000-5000-00020/0 7.18 Under Minimum 33-39-01-00005-0010-00012/1 18.50 Under Minimum 33-39-01-00005-0310-00011/0 18.50 Under Minimum 33-39-01-00046-0000-00000/2 21.51 Under Minimum 33-39-01-00047-0040-00020/1 25.68 Under Minimum 33-39-01-00047-0200-00009/0 18.50 Under Minimum 33-39-01-00052-0050-00000/5 18.50 Under Minimum 33-39-01-00052-0100-00000/5 18.50 Under Minimum 33-39-02-00000-7000-00001/6 10.77 Under Minimum 33-39-02-00000-7000-00005/0 18.50 Under Minimum 33-39-02-00000-7000-00006/0 18.50 Under Minimum 33-39-02-00001-0240-00003/0 18.50 Under Minimum 33-39-02-00001-0240-00004/0 18.50 Under Minimum 33-39-02-00001-0280-00004/0 18.50 Under Minimum 33-39-02-00001-0300-00014/0 18.50 Under Minimum 33-39-02-00001-0390-00001/0 18.50 Under Minimum 33-39-02-00001-0390-00003/0 18.50 Under Minimum 33-39-02-00001-0390-00008/0 18.50 Under Minimum 33-39-02-00001-0390-00010/0 18.50 Under Minimum 33-39-02-00001-0390-00011/0 18.50 Under Minimum 33-39-02-00001-0390-00012/0 18.50 Under Minimum 33-39-02-00001-0390-00013/0 18.50 Under Minimum 33-39-02-00001-0420-00003/0 18.50 Under Minimum 33-39-02-00001-0420-00004/0 18.50 Under Minimum 33-39-02-00001-0420-00006/0 18.50 Under Minimum 33-39-02-00001-0420-00010/0 18.50 Under Minimum 33-39-02-00001-0430-00003/0 18.50 Under Minimum 33-39-02-00001-0430-00004/0 18.50 Under Minimum 33-39-02-00001-0430-00007/0 18.50 Under Minimum 33-39-02-00001-0440-00006/0 18.50 Under Minimum 35 GERALD M BARBARITO (BISHOP)OF THE DIOCESE OF PALM BEACH VERO BEACH THEATRE GUILD INC ST FRANCIS MANOR INC ST FRANCIS MANOR INC EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF CHRIST INC VERO BEACH CHURCH OF. CHRIST INC KUEHNE JOHN H & KAREN L HAMPTON WOODS EAST PROPERTY OWNERS ASSOCIATION LLC DIAZ MARIO * and RAQUEL SOWELL BROADUS F and PATRICIA B UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BEACH INC SANDALWOOD OF VERO HOA INC FIRST CHURCH OF THE NAZARENE INC FIRST CHURCH OF THE NAZARENE INC FIRST CHURCH OF THE NAZARENE INC LEWIS JESSIE G * & BARATTINI P SAWMILL RIDGE PROPERTIES INC GRIMM MANAGEMENT LTD PTNR VILLAGE WALK INC * HEALTH CARE REIT INC * SCHLITT MARGUERITE M (1/2) & PIONEER BAPTIST CHURCH OF VERO BEACH INC CARINI EUGENE * and. OLIVE B TEMPLE BETH SHALOM OF VERO BEACH INC ENRIQUEZ PEDRO and TERESA DM PERFECTION INC TREASURE COAST COMMUNITY HEALTH INC CANAL R/W PRICE WILLIAM ROBERT JR and CAROL L TREASURE COVE RE HOLDINGS LLC VISTA II INC * SOUTH PASSAGE ASSN INC SOUTH PASSAGE ASSN INC ROE FAMILY BEACH PARTNERSHIP ATLANTIS PROPERTIES OF VERO BEACH LLC (2/3) & BAUR SHAUNA HARBOUR SIDE YACHT CLUB INC* INDIAN RIVER LAND TRUST INC & BILLY'S AUTO SERVICE INC CRAVINGS INC DERMATHERAPY INC O'HAIRE, QUINN & CASALINO CHTRD COMPASS GROUP USA INC DIXSAN INC JO LORI A TWO INC TREASURE COAST BUILDERS INC ST LUCIE BATTERY & TIRE COMPANY PALM TREE MANAGEMENT CORP HALL CHRISTINE DR BRYAN WELLS HUGHES NETWORK SYSTEMS LLC PRIMO WATER CORPORATION PRIMO WATER CORPORATION CHARLOTTE RUSSE INC 147 PALMS AT VERO BEACH LP THE CHEVRON MART INC 33-39-02-00004-0120-00001/0 18.50 Under Minimum 33-39-02-00005-0350-00003/0 18.50 Under Minimum 33-39-02-00008-0040-00007/0 18.50 Under Minimum 33-39-02-00008-0040-00008/0 18.50 Under Minimum 33-39-02-00016-0010-00001/1 18.50 Under Minimum 33-39-02-00016-0010-00001/2 18.50 Under Minimum 33-39-02-00016-0010-00011/0 18.50 Under Minimum 33-39-03-00010-0030-00007/0 18.50 Under Minimum 33-39-03-00010-0030-00009/0 18.50 Under Minimum 33-39-03-00010-0030-00010/0 18.50 Under Minimum 33-39-03-00010-0030-00012/0 18.50 Under Minimum 33-39-03-00010-0030-00016/0 18.50 Under Minimum 33-39-03-00010-0030-00017/0 18.50 Under Minimum 33-39-03-00010-0030-00019/0 18.50 Under Minimum 33-39-03-00010-0030-00021/0 18.50 Under Minimum 33-39-03-00010-0040-00001/0 18.50 Under Minimum 33-39-03-00010-0040-00006/0 18.50 Under Minimum 33-39-03-00010-0040-00008/0 18.50 Under Minimum 33-39-03-00010-0040-00009/0 18.50 Under Minimum 33-39-03-00010-0040-00011/0 18.50 Under Minimum 33-39-03-00010-0040-00016/0 18.50 Under Minimum 33-39-03-00010-0040-00020/0 18.50 Under Minimum 33-39-04-00019-0040-00001/0 18.50 Under Minimum 33-39-09-00030-0000-00000/2 18.50 Under Minimum 33-39-10-00001-0070-00004/0 28.34 Under Minimum 33-39-10-00001-0070-00009/2 28.34 Under Minimum 33-39-10-00003-0010-00003/0 18.50 Under Minimum 33-39-10-00030-0080-00001/0 18.50 Under Minimum 33-39-11-00014-0020-00004/0 18.50 Under Minimum 33-39-11-00014-0020-00016/0 18.50 Under Minimum 33-39-11-00014-0020-00018/0 18.50 Under Minimum 33-39-12-00000-1000-00042/0 14.42 Under Minimum 33-39-12-00000-1000-00042/1 19.67 Under Minimum 33-39-12-00000-3000-00039/0 26.22 Under Minimum 33-39-12-00000-3000-00039/1 3.28 Under Minimum 33-39-12-00043-0000-00001/0 13.13 Under Minimum 33-39-13-00000-1000-00014/0 7.88 Under Minimum 33-39-13-00000-7000-00002/1 6.57 Under Minimum 33-39-13-00022-0000-00002/0 18.50 Under Minimum 33-39-15-00001-0080-00019/0 23.75 Under Minimum 33-39-16-00001-0090-00010/1 18.50 Under Minimum 33-39-18-00001-0050-00004/0 21.14 Under Minimum 33-39-24-00014-0000-00000/1 13.13 Under Minimum 33-39-26-00001-0010-00002/1 18.50 Under Minimum 33-39-34-00001-0130-00002/0 7.88 Under Minimum 33-40-05-00008-0002-00000/1 28.68 Under Minimum 33-40-16-00004-0000-00021/1 2.64 Under Minimum 33-40-19-00001-0010-00002/1 11.80 Under Minimum 33-40-28-00000-0030-00001/0 12.48 Under Minimum 33-40-28-00000-0030-00004/0 22.46 Under Minimum 33-40-28-00000-0030-00005/0 22.22 Under Minimum 33-40-28-00000-0030-00007/0 26.34 Under Minimum 33-40-28-00000-0040-00005/0 5.13 Under Minimum 33-40-28-00005-0000-00000/1 9.00 Under Minimum 33-40-31-00005-0010-00001/0 24.00 Under Minimum 0187652 0000 21.02 Under Minimum 0190215 0000 23.05 Under Minimum 0190361 0000 17.79 Under Minimum 0199510 0000 18.20 Under Minimum 0199693 0000 23.53 Under Minimum 0202761 0000 28.97 Under Minimum 0204785 0000 19.82 Under Minimum 0204909 0000 26.17 Under Minimum 0204965 0000 15.41 Under Minimum 0206392 0000 5.69 Under Minimum 0207543 0000 26.99 Under Minimum 0208171 0000 6.41 Under Minimum 0209138 0000 6.95 Under Minimum 0209852 0000 28.41 Under Minimum 0209854 0000 24.07 Under Minimum 0210354 0000 0.63 Under Minimum 0215213 0000 19.56 Under Minimum 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COMPANY BUSINESS PROPERTY LEASING 0222275 0000 11.29 Under Minimum CROWN CREDIT COMPANY BUSINESS PROPERTY LEASING 0222276 0000 14.44 Under Minimum USI INSURANCE SERVICES LLC 0222299 0000 20.78 Under Minimum NATIONAL APERTURE INC 02224930000 16.77 Under Minimum AZTEC FINANCIAL INC 0222497 0000 25.29 Under Minimum PATRIOT OUTPOST LLC 0222742 0000 11.46 Under Minimum PNC BANK NA 0222751 0000 27.46 Under Minimum ASCENTIUM CAPITAL LLC 0222820 0000 7.29 Under Minimum SOMERSET CAPITAL GROUP LTD 0222874 0000 13.41 Under Minimum MOBRO MARINE INC 02230260000 16.67 Under Minimum HUGHES NETWORK SYSTEMS LLC 0223030 0000 4.14 Under Minimum GAWEL RAYMOND & LANNA 0223047 0000 15.73 Under Minimum GOLF VERO LLC 0223049 0000 25.75 Under Minimum COPPINGER GLENN 0223055 0000 8.44 Under Minimum B A 5 F CORPORATION 7100007 23.57 Under Minimum EXXON MOBIL CORP 7100177 21.73 Under Minimum INEOS USA LLC 7100245 28.63 Under Minimum S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7100338 11.45 Under Minimum B A 5 F CORPORATION 7200007 7.60 Under Minimum DOW CHEMICAL COMPANY 7200019 19.32 Under Minimum EQUISTAR CHEMICALS LP 7200119 13.00 Under Minimum EXXON MOBIL CORP 7200177 7.03 Under Minimum DAVIDJJOSEPH CO 7200215 12.54 Under Minimum INEOS USA LLC 7200245 9.27 Under Minimum AMERICAN RAILCAR INDUSTRIES 7200253 27.70 Under Minimum KOCH RAIL LLC 7200322 16.74 Under Minimum TITAN FLORIDA LLC 7200330 10.13 Under Minimum S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7200338 3.71 Under Minimum VALERO TERMINATING & DISTR CO 7200351 12.44 Under Minimum FORMOSA TRANSRAIL CORPORATION 7200741 21.45 Under Minimum M & G RESINS 7200751 13.23 Under Minimum 5 M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7300338 19.96 Under Minimum B A 5 F CORPORATION 7400007 16.19 Under Minimum EQUISTAR CHEMICALS LP 7400119 27.59 Under Minimum EXXON MOBIL CORP 7400177 14.93 Under Minimum DAVID J JOSEPH CO 7400215 26.63 Under Minimum INEOS USA LLC 7400245 19.66 Under Minimum TITAN FLORIDA LLC 7400330 21.51 Under Minimum S M B C RAIL SVC LLC ATTN; TAX DEPARTMENT 7400338 7.85 Under Minimum VALERO TERMINATING & DISTR CO 7400351 26.44 Under Minimum M & G RESINS 7400751 28.08 Under Minimum Grand Total - Under Minimum 5,358.23 Grand Total - Discounts 10,450,577.29 Discounts Grand Total - Errors, Insolvencies, Under Minimum & Discounts 10,917,936.20 37 505 R. 05/17 INSTRUCTIONS To Tax Collectors: 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason for reduction in the right-hand column. 3. As much as possible,group together all items coming under one heading. For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whetherwidow, veteran, homestead, disability, etc. Tax Collector Recapitulation I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors, double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2018 • that the discounts were actually earned for the month as shown; that the attached list shows all errors and double assessments as the property appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I have not collected any of the items on the attached list. I am entitled to credit against the 2018 assessment roll on the following amounts: Discounts 10,450,577.29 Errors 462, 000.68 Double Assessments 0.00 Insolvencies 0.00 Federal Bankruptcies 0.00 Other: (specify) Under minimum 5,358.23 Total 10,917,936.20 44,-L Signature, Tax Collector Indian River 07/8/2019 County Date 38 gD CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: July 10, 2019 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement (EMPA) Agreement Number A004 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2018-2021 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events and conduct the annual hazardous materials analysis required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The County is authorized to use a broad range of matching funds, to show that it is not supplanting revenues, therefore the Emergency Management budget is used as the match for this grant. No additional funding is required for a match. The term of the agreement is from July 1, 2019 through June 30, 2020. 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. 39 The 2019/2020 EMPA Grant is in the amount of $105,806 of which approximately $95,000 has been previously allocated for salary and benefits leaving a balance of $10,806 for expenditures.. Item Amount Account Number ,Public Outreach and Disaster Preparedness $1,500.00 00123825-035290 EOC Enhancements (Miscellaneous) $2,118.00 00123825-035290 Training $6,000.00 00123825-033190 Software Services (Annual recurring costs — "Sole Source") • Go-To-Webinar (GetGo, Inc.) $1,188.00 00123825-033190 Total $10,806.00 RECOMMENDATION: Staff recommends approval of the State Funded Subgrant Agreement A0004, 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. ATTACHMENTS: 1. Indian River County Office of Budget and Management Grant Form 2. Three (3) Original Copies of EMPA Agreement (A0004) 40 GRANT NAME: EMPA Grant GRANT#A004 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2019 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match _N/A 0% 5. Grant match amount required $ N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: June 17. 2019 41 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year ' $ N/A $ N/A $ N/A $ N/A Signature of Preparer: Date: June 17. 2019 41 Agreement Number: A0004 STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. ii. 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. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. b. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in the Scope of Work (Attachment B). 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. 42 (2) CONTACT a. In accordance with Section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kizzy K. Caban 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 815-4348 Email: Kizzy.Caban@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Tad Stone 4225 43rd Avenue Vero Beach, FL 32967 Telephone: (772) 226-3859 Email: tdstone@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 43 (5) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget (Attachment A) and Scope of Work (Attachment B), of this Agreement. (7) PERIOD OF AGREEMENT This Agreement shall begin July 1, 2019 upon execution by both parties and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. 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 Recipient only for allowable costs incurred by the Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Budget (Attachment A) and Scope of Work (Attachment B) The maximum reimbursement amount for the entirety of this Agreement is $105,806. d. The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment A and Attachment C, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. 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 period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. f. For the purposes of this Agreement, the term "improper payment" means or includes: i. 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, 44 ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with Section 112.061, Florida Statutes. The Recipient must submit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (9) RECORDS a. As a condition of receiving state financial assistance, and as required by Sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the 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 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 Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: htto://dos.mvflorida.com/librarv- archives/records-management/general-records-schedules/. c. 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) all 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 45 the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the 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. d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. e. The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget (Attachment A) and Scope of Work (Attachment B) - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumarcl Oak Boulevard, Tallahassee, FL 32399. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the 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)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government 46 auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." c. 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 Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. d. The Recipient shall have all audits completed by an independent auditor, which is defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: i. The Division of Emergency Management DEMSingle Auditem.myflorida.com DEMSingle_Audit@em.myfiorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) REPORTS a. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all Sub -Recipients and subcontractors in completing the work described in the Scope of Work (Attachment B) 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 forty-five (45) 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 September 30, December 31, March 31, and June 30. c. The Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. 47 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Recipient shall provide additional program updates or information that may be required by the Division. f. The Recipient shall provide additional reports and information identified in the Quarterly Report (Attachment D). (12) MONITORING a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in the Budget (Attachment A) and Scope of Work (Attachment B) to this Agreement and reported in the Quarterly Report (Attachment D). b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall 48 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 this agreement. (14) 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, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. 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: a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 49 ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question, or iv. require the 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 Recipient, it will not affect, extend, or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (16) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes., as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) 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 this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The 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 Recipient harmless against all claims of 50 whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes (18) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: Exhibit 1 - Funding Sources Exhibit 2 - EM Director or Part-time Coordinator Certification and Compliance with Rule 27P-19, Florida Administrative Code and Chapter 252, Florida Statutes Attachment A — Proposed Program Budget Detail Worksheet Attachment B — Scope of Work Attachment C — Allowable Cost and Eligible Activities Attachment D — Quarterly Reports Attachment E — Response Capabilities Attachment F — Hurricane Shelter Retrofit Attachment G — Recovery Capabilities Attachment H — Certification Regarding Debarment Attachment I — Justification of Advance Payment Attachment J — Warranties and Representations Attachment K — Statement of Assurances (19) PAYMENTS a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida • Statutes. 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 Justification of Advance Payment (Attachment I). Justification of Advance Payment (Attachment I) 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. b. 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 forty-five (45) days after 51 the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Recipient's quarterly reporting as referenced in paragraph (11) REPORTS of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (20) REPAYMENTS 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 In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (21) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the 52 basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Vendors and Recipients who have been placed on the State convicted vendor list following a conviction for a public entity crime or on the State 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 $35,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. The Florida Department of Management Services maintains the convicted vendor list at https://www.dms.mvflorida.com/business operations/state purchasing/state agency resources/vendor r egistration and vendor lists/convicted vendor list, and the discriminatory vendor list at https://www.dms.mvflorida.com/business operations/state purchasing/state agency resources/vendor r egistration and vendor lists/discriminatory vendor list. g. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency as indicated by https://www.sam.gov/; ii. Have not, within a five-year period preceding this Agreement been convicted of or had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (21)(g)(ii) of this certification; and iv. 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. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. IN ADDITION, THE RECIPIENT SHALL SEND TO THE DIVISION (BY EMAIL OR BY FACSIMILE TRANSMISSION) THE COMPLETED "CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION" (ATTACHMENT H) FOR EACH 53 INTENDED SUBCONTRACTOR THAT RECIPIENT PLANS TO FUND UNDER THIS AGREEMENT. THE FORM MUST BE RECEIVED BY THE DIVISION BEFORE THE RECIPIENT ENTERS INTO A CONTRACT WITH ANY SUBCONTRACTOR. h. 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 Chapter 216, Florida Statutes, or the Florida Constitution. i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. k. The. Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. I. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. m. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of 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 o. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to 54 the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. 55 d. If the Recipient qualifies as a state university under Florida law, then, pursuant to Section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment K. 56 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Division Director Date: 57 EXHIBIT 1 FUNDING SOURCES I. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES, FLORIDA SINGLE AUDIT ACT NOTE: IF THE RESOURCES AWARDED TO THE RECIPIENT REPRESENT MORE THAN ONE STATE PROJECT, PROVIDE THE SAME INFORMATION SHOWN BELOW FOR EACH STATE PROJECT AND SHOW TOTAL STATE FINANCIAL ASSISTANCE AWARDED THAT IS SUBJECT TO SECTION 215.97, FLORIDA STATUTES. II. STATE PROJECT: State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance title: Emergency Management Preparedness and Assistance Grant Catalog of State Financial Assistance number: 31.063 Amount: $105,806 III. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. Rule 27P-19, Florida Administrative Code 2. Section 215.97, Section 215.971, Section 252.371-373, Florida Statutes, etc. 3. Reference Guide for State Expenditures 4. 2 C.F.R. Part 200 NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 58 EXHIBIT 2 EM DIRECTOR OR PART-TIME COORDINATOR CERTIFICATION & COMPLIANCE WITH RULE 27P-19, FLORIDA ADMINISTRATIVE CODE and CHAPTER 252, FLORIDA STATUTES In accordance with the 2019-2020 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2019 and shall end on June 30, 2020, and to remain consistent with Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each County Emergency Management Agency shall annually certify their commitment to employ and maintain either a Full-time Director or. Part-time Coordinator, in their efforts to serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. Pursuant to Rule 27P-19.004, Florida Administrative Code, if the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less than 75,000, or if the Recipient is a county that is a party to an inter -jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either: • An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, • A full-time director. (Name) certify compliance with the aforementioned requirements for the 2019-2020 Emergency Management Preparedness and Assistance grant program. (Recipient) has employed a (EM Director or an EM Coordinator) pursuant to Section 252.38(3)(b), Florida Statutes. also certify that I am the official representative for (Recipient) and have authority to bind (Recipient) to this certification of compliance. Signed by: Printed Name: Title: Date: Phone/Email: 59 ATTACHMENT A PROPOSED PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment B). The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment B). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. Grant Recipient Agency Category Amount Allocated FY 2019-2020 Emergency Management Preparedness and Assistance Grant INDIAN RIVER COUNTY Planning Operational Equipment Training Exercise Management & Administration Total Award $105,806 60 FY 2019-2020 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Development of Emergency Plans Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Operational Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades EM Fuel Memberships Publications Postage Storage TOTAL OPERATIONAL EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials 61 CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC equipment & supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits — Hiring of contractors or consultants Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $105,806 REVISION DATE: 62 ATTACHMENT B SCOPE OF WORK BACKGROUND: Emergency management is the organization and management of the resources andresponsibilities for dealing with all humanitarian aspects of emergencies (preparedness, response, mitigation, and recovery). The aim is to reduce the harmful effects of all hazards, including disasters. The purpose of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide state funds to assist local grovernments in preparing for all hazards as authorized by Section 252.373, Florida Statutes. EMPA shall be awarded to a county for the use and benefit of the County Emergency Management Agency. Funds shall be allocated to implement and administer county emergency management programs including management and administration. Consistent with Rule 27P-19.010(11), Florida. Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." TASKS: Throughout the period of this Agreement, the Recipient must administer an all -hazard, county emergency management agency that includes preparedness, mitigation, response, and recovery components and capabilities. Task One: Certification of County Emergency Management Staff Each County Emergency Management Agency must annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with subsections 27P-19.005(4) and (5), F.A.C. Pursuant to Section 252.38(1)(c), F.S., the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population less. than 75,000, or if the Recipient is a county that is a party to an inter -jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., then the Recipient shall employ either: • An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, • A full-time director 63 Task Two - Local Budget Match Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match base grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: "County general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, F.S., shall not be included in determining the "level of county funding of the County Emergency Management Agency.' " For Task 2, the person who executes the certification must possess the legal authority to bind the Recipient. In accordance with Rule 27P-19.011(2), Florida. Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction: If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P- 19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County. Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. 64 Task Three: Response Capabilities Throughout the period of this Agreement, the Recipient must maintain current county emergency management and other contacts through the Division's SharePoint portal including County Director and Alternate contacts, State Mutual Aid Agreement contacts, and many more; The Recipient must maintain SharePoint site identification data including location and attribute information for fire rescue, law enforcement, public safety, and emergency service stations; The Recipient must maintain WebEOC site identification location and attribute information of all pre- identified County Staging Areas (CSAs) and Points of Distribution (PODs), and; The Recipient must upload hurricane shelter retrofit information in the Division's SharePoint portal in accordance with Florida's statewide hurricane shelter space deficit elimination program. Task Four — Recovery. Capabilities Throughout the period of this Agreement, the Recipient must maintain potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC which identifies physical location, contact persons, site characteristics, interior, office characteristics, phone service, and sketches. 65 QUARTERLY DELIVERABLES: Quarterly deliverables must be uploaded into the Division's SharePoint portal and/or WebEOC each quarter as stated in the scope of work. The Recipient must also provide a certification of completion on the deliverable checklist. NOTE: If there are no updates, duplicate information is not required throughout the period of performance and is not required to be uploaded into the Division's SharePoint portal. Please just notate such in the notes section on the Deliverables Checklist in SharePoint. QUARTER 1: JULY 1, 2019 — SEPTEMBER 30, 2019 In order to demonstrate successful completion of all required tasks for Quarter 1, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1 • The FDEM Exhibit 2, certification letter for the full-time Emergency Management Director or part- time Coordinator, in accordance with Rule 27P-19.004, Florida Administrative Code; • The FDEM Form 4 — Staffing Detail and position descriptions for funded emergency management staff, including an identification for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance; • A quarterly report as outlined in Quarterly Reports (Attachment D); • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs; • Training certificates for all employees of the County Emergency Management Agency for any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); Task 2 • The FDEM Form 3 - Local Budget Match Requirement; • A copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date. All requests for a budget match reduction shall be requested no later than 45 days after the county budget has been approved; Task 3 • Support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others; • Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations; • Site Data including location and attribute information for all pre -identified sites for the County Staging Areas (CSAs) and Points of Distribution (PODs); • Updates applicable to Hurricane Shelter Retrofit (Attachment F) in accordance with Florida's statewide hurricane shelter space deficit elimination program; Task 4 • Support of Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. 66 QUARTER 2: OCTOBER 1, 2019 — DECEMBER 31, 2019 In order to demonstrate successful completion of the required tasks for Quarter 2, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1 • Any updates to the FDEM Form 4 — Staffing Detail and position descriptions for funded emergency management staff, including an identification for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance; • A Quarterly Report as outlined in Quarterly Reports (Attachment D); • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs; • Any new certificates obtained by employees of the County Emergency Management Agency for any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); Task 2 • Any updates to the FDEM Form 3 - Local Budget Match Requirement; and • Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date; Task 3 • Updates to support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others; • Updates for Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations; • Updates for Site Data including location and attribute information for all pre -identified sites for the County Staging Areas (CSAs) and Points of Distribution (PODs); • Updates applicable to the Hurricane Shelter Retrofit (Attachment F) in accordance with Florida's statewide hurricane shelter space deficit elimination program; Task 4 • Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. QUARTER 3: JANUARY 1, 2020 — MARCH 31, 2020 In order to demonstrate successful completion of the required tasks for Quarter 3, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1 • Updates to the FDEM Form 4 — Staffing Detail and position descriptions for funded emergency management staff, including an identification for which employees are responsible for Preparedness, Response, Recovery, Mitigation, and Finance; • A quarterly report as outlined in Quarterly Reports (Attachment D); • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs; • Any new certificates obtained by employees of the County Emergency Management Agency for any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); 67 Task 2 • Any updates to the FDEM Form 3- Local Budget Match Requirement; and • Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date; Task 3 • Updates to the support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others; • Updates to Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations; • Updates to Site Data including location and attribute information for all pre -identified sites for the County Staging Areas (CSAs) and Points of Distribution (PODs); • Complete Hurricane Shelter Retrofit (Attachment F) requirements in accordance with Florida's statewide hurricane shelter space deficit elimination program; Task 4 • Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. QUARTER 4: APRIL 1, 2020 — JUNE 30, 2020 In order to demonstrate successful completion of the required tasks for Quarter 4, the Recipient must submit the following items in the Division's SharePoint portal and/or WebEOC: Task 1 • Any new certificates obtained by employees of the County Emergency Management Agency for any G/IS, FEMA or Division courses that pertain to Preparedness, Response, Recovery, Mitigation and Finance (if uploaded into SERT TRAC, the Division's Grant Manager will request a copy of the transcript); • A Quarterly report as outlined in Quarterly Reports (Attachment D); • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs; Task 2 • Any updates to the FDEM Form 3 - Local Budget Match Requirement; • Any updates to the current and accurate County Emergency Management Local Budget (General Revenue) including budget approval date; Task 3 • Updates to the support of Response capabilities (Attachment E), including contact information for emergency management agency and other contacts, County Director and alternate contacts, State Mutual Aid Agreement contacts and others; • Updates to Site Data including location and attribute information for all fire rescue, law enforcement, public safety, and emergency service stations; • Updates to Site Data including location and attribute information for all pre -identified sites for the County Staging Areas (CSAs) and Points of Distribution (PODs). Task 4 • Updates to support Recovery capabilities (Attachment G), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC 68 ATTACHMENT C ALLOWABLE COSTS AND ELIGIBLE ACTIVITIES Rule 27P-19, Florida Administrative Code: Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses: In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient; • Operates within a unique geography; • Faces unique threats and hazards; and, • Serves a unique population. Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance: In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. Planning: Planning spans all five National Preparedness 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. Some examples of authorized planning activities include, but not limited to: • Emergency Operations Plans; • Communications Plans; • Whole Community Engagement/Planning; • Resource Management Planning; • Evacuation Planning, • Recovery Planning, • Local Comprehensive Emergency Management Plan (CEMP), and • Mitigation Planning 69 In order for planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division and the Division's Natural Hazard Planning Manager must approve that plan. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following to the Division: • Copies of contracts or agreements prior to contracting with consultants or sub -contractors providing services; • Invoice from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement); • Complete debarment form and/or Sam.gov for any contractors/consultants; • Proof of purchase methodology (e.g. quotes, sole source, state contract, competitive bid results); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to planning activities. Operational: EMPA Program funds may be used for all day-to-day activities in support of the four phases of emergency management (preparedness, response, recovery, and mitigation). Reimbursable personnel costs include salary, overtime and backfill, compensatory time off, and associated fringe benefits. Rules 27P-19.004 and 27P-19.0061, F.A.C., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Personnel costs 27P-11.004, 27P-11.0061: Counties with populations of 75,000 or more must have a full-time emergency management director. Counties with populations of less than 75,000 or party to an inter -jurisdictional emergency management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the Governor by executive order or rule, are encouraged to have a full-time director. However, as a minimum, such a county must have an emergency management coordinator who works at least 20 hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. Eligible "Operational" items include, but are not limited to: • Salary and Fringe Benefits (include FDEM Form 6 -Time and Effort with employee & supervisor signatures — focus is on proof of hours actually worked) • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • EM Fuel • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services 70 o Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. Position descriptions are required. o Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes shall also be supplied when requesting pre -approval. These requests shall be sent to the Grant Manager for the Division for review. If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • Documentation that clearly indicates hours worked for full or part-time staff or contractors/consultants, position descriptions, and proof employee was paid. • FDEM Form 6 -Time and Effort for full or part-time staff or contractors/consultants with employee and supervisor signatures. • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statements) for any expenditures in support of operational costs. Equipment: Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency Management Performance Grant ("EMPG") Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Of note, AEL 21GN-00-OCEQ (Equipment and Supplies, Information/Emergency Operations/Fusion Centers) provides authorization for the purchase of equipment and supplies that are necessary to establish and maintain an Emergency Operations Center. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs and can be located at https://www.fema.gov/authorized-equipment-list. If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. 71 Recipients must analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. If the recipient seeks reimbursement for equipment activities, then the following must be submitted: • All invoices; • The AEL # for each purchase; • Proof of payment (e.g. canceled check, electronic funds transfer, credit card statement, bank statement); and, • Proof of purchase methodology (e.g. quotes, sole source, state contract, competitive bid results). Training: Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. 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. The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending a training course, the Recipient must provide the Division with a certificate of completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting a course, the Recipient must provide the Division with the course sign -in sheet. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course. • In order to receive payment for successfully conducting a workshop the recipient must provide the Division with workshop sign -in sheets and materials used for workshop. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the workshop. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount. authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. Allowable training -related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such 72 services is in accordance with the policies of the local government. 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. • 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, fuel, and disposable protective equipment). • Hiring of Contractors or Consultants. Contractors or 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. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. Counties are encouraged to follow the State/FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses involving the training of trainers. Conferences: The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are Targe formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. 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." 73 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 mayqualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A copy of the internal travel voucher or a statement that no travel costs were incurred, if applicable. Also, a statement on the voucher explaining how attendance at a conference directly relates to the Recipient's job duties; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, 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 ata single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. 74 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.asa.gov/portal/content/104877). Hotel Accommodations: A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. If the recipient seeks reimbursement for training activities, then the following shall be submitted: • Training certificates or Sign -in sheets, either with all participant's signatures or pre -populated with lead instructor signature and date; • Receipts and proof of payment (e.g. cancelled check, electronic funds transfer confirmation, credit card statement, bank statement) for any expenditures in support of the training (e.g. printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment); • Invoices and proof of payment for Travel costs (e.g., internal travel form, airfare, mileage, per diem, hotel) related to training/conference activities and; • Proof of purchase methodology (e.g. quotes, sole source, state contract, competitive bid results), if applicable, and; • Provide copy of current procurement, employment, and travel policies. Exercises: Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Multi -Year Training and Exercise Plan (MYTEP) for the core capabilities needed to address its greatest risks. Allowable exercise -related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Contractors or Consultants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. 75 • 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 local government. 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, fuel, 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. 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. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division at least twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. 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. If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); • Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per diem, hotel) related to exercise activities; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient must upload to the Division's SharePoint portal at: https://portal.floridadisaster.orq an After Action Report (AAR) that includes the following: 76 • An Improvement Plan; and, • A roster of participants. Management and Administration: Allowable management and administration costs includes: • Hiring of Contractors or Consultants. Contractors or Consultants to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements. If the recipient seeks reimbursement for management and administration activities, then the following shall be submitted: • Documentation that clearly indicates hours worked for contractors or consultants, and proof consultant was paid; • FDEM Form 6 -Time and Effort with employee & supervisor signatures for contractors or consultants; • Contractual service agreement, if applicable; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). Up to 5% of the total award amount may reimbursed for management and administration activities. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." 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 Recipient fails to successfully complete each of the required tasks. During this Agreement, up to four penalties may be imposed; and, each penalty shall be applied cumulatively. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. 77 ATTACHMENT D QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year; and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. Reporting Period Report due to FDEM no later than July 1 through September 30 November 15 October 1 through December 31 February 15 January 1 through March 31 May 15 April 1 through June 30 August 15 • The Recipient must provide the Division with supporting documentation for the quarterly financial reports. To eliminate large files and mailings, the Division shall accept back up documentation on a CD if desired by the county. • The Quarterly Tasks form 1B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. • In order to ensure compliance with Rule 27P-19.011, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by November 15, 2019. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved. • In a format provided by the Division, Form 4 - Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2019 or along with 1st quarter reimbursement submission, whichever occurs first. • The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2020, or 60 days after completion of activities contained in this agreement, whichever occurs first. 78 Programmatic Point of Contact: Contractual Point of Contact Programmatic Point of Contact Kizzy K. Caban FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4348 Kizzy.Caban@ern.myflorida.com Karen Lyons FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4325 Karen.Lyons@em.myflorida.com 79 ATTACHMENT E RESPONSE CAPABILITIES Contacts - The Recipient shall maintain current county emergency management and other contacts through the Division's SharePoint portal available at https://portal.floridadisaster.orq. From the Portal main page, click "County Links", then pulldown and select "Update County Contacts." This information includes: • County Director and Alternate contacts • State Mutual Aid Agreement contacts • Logistics contacts • and many more.... SharePoint Site Identification - The Recipient shall upload current Site Data to the Division's SharePoint portal available at https://portal.floridadisaster.orq. SharePoint site Identification data includes: • Through SharePoint - location and attribute information of all o fire rescue o law enforcement o public safety o emergency service stations Attribute information shall include at a minimum: facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is required). NOTES: For Site Identification data uploaded through SharePoint — To facilitate emergency sites review, FDEM GIS will annually upload a spreadsheet extracted from the critical facility inventory. This spreadsheet is intended to assist counties without GIS resources. Critical facility inventory spreadsheets provided will contain more facility types than are required to be reviewed. Counties with GIS resources may, instead of reviewing this spreadsheet — o Upload zipped shapefiles or geodatabases extracted from a county GIS system, o Upload a zipped geodatabase of Essential Facilities created using HAZUS Comprehensive Data Management System (https://www.fema.gov/comprehensive-data- management-system) o Provide URL to a GIS data download website maintained by the county If counties have no changes to SharePoint since the last agreement period, a statement of "no change" shall be submitted via the SharePoint portal. WebEOC Site Identification - The Recipient shall upload current Site Data to WebEOC available at https://eoc.floridadisaster.orq. WebEOC site Identification data includes: • Through WebEOC - location and attribute information of all pre -identified -- o County Staging Areas (CSAs) o Points of Distribution (PODs) 80 Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail and phone) Secondary Contact (name, e-mail and phone). The following Site Information is upload information is optional: • Picture attachment of Site. • Comments regarding access, transportation routes or any planning information. SITE SUGGESTIONS: County Staging Areas (CSAs) • Sites should be located adjacent to a major highway and have the ability to establish safe one-way traffic through the compound and reasonably secured. County Staging Areas must also be located in a regionthat can support countywide relief operations. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. Point of Distribution (PODs) • PODs should not be nearby a business that has water and food for sale. • Counties should focus on placing PODS in outlying areas where these types of stores are not located in -order to insure that resources are available in those areas. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. 81 ATTACHMENT F HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - In accordance with Florida's statewide hurricane shelter space deficit elimination program, the Recipient must upload items A- E in the Division's SharePoint portal by the end of the 3rd Quarter at: https://portal.floridadisaster.orq. The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet shall be available on SharePoint for reference. A. Hurricane shelter deficit reduction information. 1. Submit a list of newly constructed "as -is", retrofit, or Enhanced Hurricane Protection Areas (EHPA) facilities. If none, enter "none". 2. Submit any corrections needed, on the Shelter Inventory Spreadsheet. If none, enter"no corrections needed, the information is correct". B. Current or newly completed hurricane shelter retrofit projects. 1. List all hurricane shelter retrofit projects completed in the previous fiscal year regardless of fundingsource(s). If none, enter "none". 2. List potential hurricane shelter retrofit projects. Listing projects is the first step for grant eligibility. If none, enter "none". C. Update Special Needs Shelters' (SpNS) power systems. 1. Respond yes or no to this statement: All designated SpNS have a standby power system or the capability for a temporary power system with adequate size to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. 2. If no, upload a strategy so that all designated SpNS shall have a standby power capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a temporary electric generator with adequate capacity to support the standby power system requirements is available and locally sourced. D. Update SpNS client space capacity. 1. Respond yes or no to this statement: The county has designated sufficient SpNS client spaces to meet the anticipated five-year demands as determined by the 2018 Statewide Emergency Shelter Plan (published January 31, 2018). 2. If no, upload a strategy to achieve sufficient SpNS client spaces to meet the anticipated five- year demands as determined by the 2018 Statewide Emergency Shelter Plan (January 31, 2018). E. Upload a brief report on results of this year's coordination with school boards, community colleges and universities (as applicable). The most recent published Statewide Emergency Shelter Plan provides guidance for implementation of the criteria. The Report to the Division shall discuss, at an executive level, the results of the meeting(s) including: 1. List of planned facilities/buildings (e.g., initial name/title of the project (such as, High School AAA), location and estimate of shelter space floor area or spaces) that the educational agency shall design and/or build in the coming two (2) years; and five (5) years. 2. List of facilities/buildings that shall be designed and constructed as EHPA, include anticipated hurricane shelter spaces, if known. 3. List of facilities/buildings for which an exemption from EHPA shall be requested, and anticipated statute or code -based cause(s) for such exemption(s). 4. List of facilities/buildings where future retrofitting may be practical to create shelter space. 5. Update the status of EHPA or new construction projects from previous reports to the Division 6. Upload a copy of the participant sign -in sheet with agency affiliation shown, and a copy of any meeting minutes (or similar documentation). 82 ATTACHMENT G RECOVERY CAPABILITIES The following recommendations should be considered when identifying potential Disaster Recovery Center (DRC) locations: A. Locations must be large enough for the needs of the situation (number of agencies and clients anticipated in the DRC). This may vary from a location identified as small as 1500 square feet for a small DRC to more than 5000 square feet for a large DRC. It is good to identify a variety of possible locations of different sizes within the county. The size of a DRC will vary dependent upon the number of anticipated applicants to be served within the community. B. Consider locations that don't require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take responsibility for the utilities or other payments to a facility. C. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate parking. D. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs. E. Appropriate emergency fire & medical support should be quickly available to the location. F. Preferably when a DRC is established, the first 7 days should be without interruption from prior commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand that a DRC may need to remain operational for a minimum up to 30 days or longer. G. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if necessary. H. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable DRCs should be established on a public transportation route. The public should generally be familiar with the location Custodial support should be available at the facility 2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (60'Iong x 20'wide) with an unobstructed view of the south-western sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.g. special flood hazard. area, Historical site, etc.) 83 DRC Size Chart Small: 1500-3499 sq. ft. Medium: 3500-4999 sq. ft Large: 5000 sq. ft -Above B. Consider locations that don't require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take responsibility for the utilities or other payments to a facility. C. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate parking. D. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs. E. Appropriate emergency fire & medical support should be quickly available to the location. F. Preferably when a DRC is established, the first 7 days should be without interruption from prior commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand that a DRC may need to remain operational for a minimum up to 30 days or longer. G. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if necessary. H. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable DRCs should be established on a public transportation route. The public should generally be familiar with the location Custodial support should be available at the facility 2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (60'Iong x 20'wide) with an unobstructed view of the south-western sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.g. special flood hazard. area, Historical site, etc.) 83 Disaster Recovery Center Basic Requirements Physical Location Name: Physical Address (no PO Box): City: County: State: Zip GPS: LAT LONG Directions/Landmarks: Contact Persons (POC): Facility point of contact: Name Phone: Address: City: State: Zip: After hours POC: Name Phone: Address: City: State: Zip: Alternative POC: Name Phone: Address: City: State: Zip: County Emergency Management Director: Name Phone: Address: City: State: Zip: Site Characteristics Date available: Begin: End: Lease required: Y N Cost $ Space available: sq. ft. Hours of use: Keys: DRC use parking spaces: ADA parking spaces: Total: Parking lot lights: Y N Outside building lights: Y N ADA accessibility: Exterior notes: Response time: Police: Fire: Nearest hospital: Name Phone: Address: Distance: Time: Local crime summary: 84 Local hazards summary: Interior # Rooms: _ Room size: Room A x _ Room B x Room C # Bathrooms: ADA compliant: Y N Are doors secure: Y N Comment: Are windows secure: Y N Comment: Emergency lighting functional: Y N Exit lighting functional: Y N Fire sprinkler system functional: Y N # fire extinguishers: Water system: Y N City/County system: Y N Approved for drinking: Y N Air conditioning: Y N Fans: Y N Adequate ventilation: Y N Electrical power to support computer and office equipment demand: Y N Can inside re -wiring be accomplished easily and safely? Y N Is building interior in good shape (check for water Teaks & visible hazards)? Y N Office Characteristics Internet access: Y N Wi-Fi: Y N # Fax: # Toner cartridges: Flatbed tabletop copier: Y N Copy paper boxes # Toner cartridges: High speed printer: Y N # Toner cartridges: Shredder: Y N # Trash cans: Janitorial & trash pickup available? Y N # Tables: # office chairs: # folding chairs: Bathroom access: Y N # Paper towels: # toilet paper: # paper cups: # ext. cords: Comment: Phones FEMA cell phone signal? Y N Strength: Air Card? Y N Strength: Do phone lines already exist for DRC use? Y N How many? What is maximum phone line capacity: DSL: POTS: Switchboard: Y N Phone service point in building: Phone service provider: Contact number: Phone number connected to DRC location (for tel/com reference): Comments: Sketches Draw location sketches: (1) Exterior: building, ADA parking & ramps, DRC, parking (2) Interior: building, rooms w/dimensions, location of outlets and telephone equipment Note: Above checklist compiled from various sources including: 85 ATTACHMENT H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, certifies, by submission ofthis document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title FDEM Contract Number Street Address Project Number City, State, Zip Date 86 ATTACHMENT I JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are 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 (list applicable line items) 20-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 87 ATTACHMENT J WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 88 Codes of Conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The 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 Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 89 ATTACHMENT K STATEMENT OF ASSURANCES The 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 90 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. 91 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 'YE CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Kirstin Leiendecker P.E., Project Engineer SUBJECT: Award of Bid No. 2019050 Jungle Trail Shoreline Stabilization Project (IRC -1823) DATE: July 3, 2019 DESCRIPTION AND CONDITIONS Jungle Trail Road is an unpaved roadway along the eastern shoreline of the Indian River Lagoon that is maintained by Indian River County. Portions of the roadway are within 5 feet of the Atlantic Intracoastal Waterway and are in need of stabilization to protect the roadway from additional erosion. The destabilization of the roadway is largely attributable to impacts from vessel wakes using the adjacent waterway. Similar erosion along the shoreline of Jungle Trail Road occurred in the early 2000s that necessitated the construction of a roadway stabilization project in 2006. On October 10, 2017, the Board approved a contract with Environmental Science Associates (ESA) for professional continuing environmental and biological support services. On April 3, 2018 the Board of County Commissioners approved Work Order No. 3 with ESA to provide professional environmental engineering services to design and permit a stabilization project along approximately 750 linear feet of Jungle Trail Road. The project area is located immediately south and adjacent to the 2006 stabilization project near the Sea Oaks Development. Following ESA's completion of design, the project was advertised for bid on June 2, 2019 and bid opening was held on June 27, 2019, with five (5) responsive bids received. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Bidder's Name Location Total Bid XGD SYSTEMS, LLC Stuart, FL $225,335.74 DICKERSON FLORIDA, INC. Fort Pierce, FL $276,797.50 FLORIDA SITE CONTRACTING Vero Beach, FL $298,785.00 FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. Hobe Sound, FL $406,066.85 GUETTLER BROTHERS CONSTRUCTION, LLC Fort Pierce, FL $555,932.00 After reviewing the bids in detail and checking references, County Staff in coordination with ESA, has determined that XGD Systems, LLC has successfully completed similar construction projects both on time and on budget, and is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $225,335.74. XGD Systems, LLC bid of $225,335.74 was below the Engineer's Estimate of $415,840.00. 92 FUNDING Funding in the amount of $225,335.74 for XGD Systems, LLC is budgeted and available from Secondary Roads/Road Stabilization/Jungle Trail Shoreline/Account No. 10921441-053360-18022. RECOMMENDATION Staff recommends the project be awarded to XGD Systems, LLC in the amount of $225,335.74. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENT Sample Agreement APPROVED AGENDA ITEM FOR JULY 16, 2019 93 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1 - WORK 2 ARTICLE 2- THE PROJECT 2 ARTICLE 3- ENGINEER . i 2 ARTICLE 4- CONTRACT TIMES 2 ARTICLE 5- CONTRACT PRICE (/-7\ / 3 ARTICLE 6 - PAYMENT PROCEDURES \)) . 3 ARTICLE 7- INDEMNIFICATION 5 ARTICLE 8- CONTRACTOR'SREPRESENWIONS 5 ARTICLE 9- CONTRAC,DOCUMENTS\ 6 T-\ > ARTICLE 10 - MISCELLANEOUS - 7 \'\ [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 94 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as --specified or indicated in the Contract Documents. The Work is generally described as`ollows: Project consists of the placement of riprap,along approximately 750 linear feet of shoreline along the east bank of the Indian RiverLagoon and onrthe west side of Jungle Trail in Indian River County, Florida(Th`'stwork will include grading excavation, and landscaping. ARTICLE 2 - THE PROJECT v) U 2.01 The Project for which the Work under the,Contract'Documents may be the whole or only a part is generally described as follows Project Name: JU_NGLETRAIL'SHORELINE STABILIZATION PROJECT County Project'Nurnber�112C-182'3 ' Bid. Number: 2019050\ Project -Address: Jun`gle\Tr Ian Wabasso, Florida 32963 \\\ ARTICLE 3 ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER k and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completiO n� f the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 60th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 95 14.07 of the General Conditions on or before the 90th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will,commence for this portion of work. The parties also recognize the delays, expense, and,difficulties involved in proving in a legal proceeding the actual loss suffered by OWNERfthe Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as apenalty)CONTRACTOR shall pay OWNER $1,241.00 or each calendar day that expires\after%the time specified in paragraph 4.02 for Substantial Completion untilhe Work is substantially complete. After Substantial Completion, if CONTRACTOR shaINglect, refuse,or fail to/complete the remaining Work within the Contract Time o -any proper extension\t�ereof granted by R $ OWNER, CONTRACTOR shall pay OWNE1,241.00\for,each calendar -day that expires after the time specified in paragraph'4.02 for cornpletiona\ r iness for final payment until the Work is completed and,ready for�fnal payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR\ forNcompletion of the Work in accordance with the Contract Documents, .amount'in\current\unds equal to the sum of the amounts determined pursuant�toparraagr``1.Aand,summarized in paragraph 5.01.B, below: A. For all Work -at the prices'stated ih'CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT-SUMubjecttia dditions and deductions provided in the Contract:: Numerical Amount:,$$ \\/< v Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and -Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent 96 (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submittedfo he application for payment form supplied by OWNER and -the application for,payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values\established] or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion; and`�pursuant to Florida `Statutes section 218.735(8)(d), the CONTRACTOR may\submit a.„payreq,uest to the County as OWNER for up to one half (1/2) of,the retainage held y4the'County as OWNER, and the County as OWNER shall p: omptly make payment'to the CONTRACTOR unless such amounts ar\the subject ofd good faith dispute; the subject of a claim pursuant to Florida Statutes section\255.05; or otherwise the subject of a claim or demand by the, County as OWNER or the CONTRACTOR. The CONTRACTOR' acknowledges that where\such retainage is attributable to the labor, services`or,m tenals supplied'by'one or more subcontractors or suppliers, the Contractor�\shall`imely� remit payment of such retainage to those subconactors and suppliers`Pursuant to Florida Statutes section 218.735(8)(c), CO,NTRACTTOR furter\acknowledges and agrees that: 1) the County as OWNER'shallireceive\irnmediate written notice of all decisions made by CONTR�ACTOR3to,withhold�retainage on any subcontractor at greater than five percent (5%fifty ) after ,percent (50%) completion; and 2) CONTRACTOR will not seek releasejfrom the'County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs -6:02`d\6.03 do not apply to construction services work purchased by the County as OWNER which are -paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the .CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 97 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with andis satisfied as to the general, local, and Site conditions that may affect cost, progress,,and%performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state; and local Laws and Regulations that may affect cost, progr ss � e�rformk ance of the Work-: D. CONTRACTOR has carefully studied all: (1\) reports\f\explo atioonnss and tests of subsurface conditions at or contiguouto the Site and all drawings of physical conditions in or relating to existing surfacer, subsurfacestr'uctures at'or/Contiguous to the Site (except Underground Facilities»which have been identified in the Supplementary Conditions as provided in paragrap 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environental Condition, if any, at the Site which have been identified in the Supplementary Conmditions\as�provided) in paragraph 4.06 of the General Conditions. \\ E. CONTRAC{TO.R has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data -concerning conditions (surface, subsurface, and Underground Facilities) at `contiguous to theg ite which.may affect cost, progress, or performance of the Work or,,which relate, to a9y aspect of�the means, methods, techniques, sequences, and procedures of construction 'to.b) employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly er quired lbyythe Contract Documents to be employed by CONTRACTOR, and safety-precautions•an'dprograms incident thereto F. CONTRACTOR) does not consider that any further examinations, investigations, explorations, :tests,/studies, or data are necessary for the performance of the Work at the Contract Pr ce; wiithin the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 98 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive 4. Sample Certificate of Liability Ins (page 0062071); 5. Contractor's Application for Payment\(pages 00622-1 to 00622-6, inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-3, inclusive); 7. Contractor's Final Certification of the Work (pages,00632-1 to 00623-2, inclusive); ( ` \\\\ 8. Professional Survey � & Mappers Certification as to Elevations and Locations of the Work (page 00634=4� \, 9. General Conditions (pages 00700=1-t 00700-44, inclusive); 10. Supplementary Conditions (pages,00800-i to 00800-11, inclusive); 1,1. Specifications asflisted in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings`coni'sistiv'of a cover sheet and sheets numbered C-101 through C-115, inclusive, with each sheet bearing the following general title: JUNGLE TRAIL SHORELINE/STABILIZATION PROJECT; 13. Addenda `(if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 99 17. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. .Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement, --will havethe meanings indicated in the General Conditions. 10.02 Assignmenflof Contract A. No assig, ne tbyparty hereto of any rights under or interests in the Contract will be binding on another party'hereto\without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may, not' besa sig ed without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary -in anyww,ritten consent to an assignment, no assignment will release or discharge the`assignor from �yty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and -CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 100 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law,/ Specifically, the Contractor shall: (1) Keep and maintain public records required by the Count perform the service. (2) Upon request from the County's Custodian of.Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost providedNn"Chapter/119 or as otherwise provided by law. (3) Ensure that public records that arseex` empt`or4confidential and xempt from public records disclosure requirements are not\disclosed except as authorized by law for the duration of the contract term and(following completioniof the contractifthe contractor does not transfer the records to the Countjt:,� f (4) Upon completion of the contract;transfer, at no c,?st, to the County all public records in possession of the Contractor keep and maintain publicrecords required by the County to perform the service. If\the•_Contractor�transffe all public records to the County upon completion of the contracthe Contractor��s,hall destroy any duplicate public records that are exempt or confidential and \exempt from\ public records disclosure requirements. If the contractor keeps and maintains\public records upon completion of the contract, the Contractor shallmeet a Il,applicable\requirements for retaining public records. All records stored electronically must be,.provided to the County, upon request from the Custodian of Public Records, in a format thatsis compatible with the information technology systems of the County. B. \IF THE—CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION\OF\CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR)S)DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(u)ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions 101 of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Gourt and Comptroller Attest: !� DeputyClerk By: ./1/2 (Co)tractor) (CORPORATE SEAL) \\:// Attest (SEAL) Designated Representative: Name(James W. Ennis P�E,PMP�� Designated Representative: Title: Assistant Public Works Director Name: 1801 27thStreet—' N \, Title: Vero Beach; Florida -32 960 Address for giving notices: \ .License No. (Where applicable) Agent for service of process: (772) 226-1221 Facsimile: (772) 778-9391 Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 102 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: William Johnson P.E., Roadway Production Engineer SUBJECT: 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street Release of Retainage and Change Order No. 1 (IRC -1324, FM No. 434840-1-54-01) DATE: June 26, 2019 DESCRIPTION AND CONDITIONS On April 3rd, 2018 the Board of County Commissioners awarded Bid No. 2018005 to Timothy Rose Contracting, Inc. in the amount of $2,825,641.68 for the resurfacing of 58th Avenue which included northbound and southbound lane full depth reclamation of the existing roadway base, addition of five (5) feet paved shoulders and drainage culverts replacement from north of 26th Street to south of 49th Street. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $351,687.00 for a final cost of $2,473,954.68 and make final contract time adjustments. Timothy Rose Contracting, Inc. has successfully completed the project and has been paid $2,350,256.95, with $123,697.73 held in retainage to date. Timothy Rose Contracting, Inc. has submitted Application for Payment No. 6 for release of retainage in the amount of $123,697.73. FUNDING Funding in the amount of $123,697.73 is budgeted and available from the following accounts: Secondary Roads/Gas Tax 58th Avenue Resurfacing (26th Street to 49th Street) Account No. 109-206000-16008 $122,552.63 Utilities/Retainage Account No. 471-206000-19561 58th Avenue Relocates (26th Street to 49th Street) $1,145.10 103 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 6 to Timothy Rose Contracting, Inc. in the amount of $123,697.73 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Timothy Rose Contracting, Inc. Application for Payment No. 6 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JULY 16, 2019 104 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SU BJ ECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director Kirstin Leiendecker, P.E., Project Engineer Victor Hart Sr. Complex Drainage Improvements, IRC -1760 Final Payment, Release of Retainage and Change Order No. 1 DATE: June 27, 2019 DESCRIPTION AND CONDITIONS On October 16, 2018, the Board of County Commissioners awarded Bid No. 2019005 to Guettler Brothers Construction, LLC in the amount of $591,143.00 for drainage improvements to the existing football field and associated parking areas at the Victor Hart Sr. Complex located at 4715 43rd Avenue. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $44,627.47 for a final cost of $546,515.53 and makes final contract time adjustments. Guettler Brothers Construction, LLC has successfully completed the project and has been paid $519,189.75 with $27,325.78 held in retainage to date. Guettler Brothers Construction, LLC has submitted Contractor's Application for Payment No. 7 Final for release of retainage in the amount of $27,325.78. Once the final releases of lien from all subcontractors have been received, reviewed and approved by County staff, payment will be processed. FUNDING Funding in the amount of $27,325.78 is budgeted and available from Optional Sales Tax — Retainage/Victor Hart Parking & Drainage/Account No. 315-206000-18005. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 7 Final to Guettler Brothers Construction, LLC in the amount of $27,325.78 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 7 Final• 2 . Change Order No. 1 APPROVED AGENDA ITEM FOR JULY 16, 2019 105 gN Consent Item Date: To: From: Indian River County, Florida Department of Utility Services Board Memorandum June 28, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Work Order No. 17 for Kimley-Horn 58th Avenue Utility Relocations — 53rd Street to 57th Street Background: In conjunction with roadway improvements to 58th Avenue required to be constructed by Waterway Village, Indian River County Public Works is proposing the replacement of the bridge over the North Relief Canal. The project will impact existing Indian River County Department of Utility Services (IRCDUS) water and sewer utilities. IRCDUS has therefore decided to hire Kimley-Horn to prepare a utility relocation design. Analysis: On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Professional Services with Kimley-Horn and Associates, Inc. In accordance with that agreement, Kimley-Horn and Associates, Inc. will provide professional services to prepare Engineering Design Plans and Specifications. Funding: Funds for the project will be derived from the 58th Avenue Utility Relocations account in the Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount 58th Avenue Utility Relocations 53`d Street to 57th Street 47123536-044699-19564 $ 39,920.00 106 Recommendation: Staff recommends the Board of County. Commissioners approve Work Order No. 17 with Kimley-Horn and Associates, Inc. for a lump sum amount of $39,920.00. Attachments: 1. Work Order No. 17 - Kimley-Horn and Associates, Inc. F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - 58th Avenue 53rd -57th #4146\Admin\Work Order\BCC Agenda Item WO 17.doc 107 PROPOSAL FOR 58T"Avenue Roadway Improvements Utility Relocation Project This Work Order Number 17 is entered into as of this _ day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 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. SCOPE OF WORK 58th Avenue Roadway Improvements Utility Relocation Project In conjunction with the County proposed improvements to 58th Avenue approximately between 53rd Street and 57th Street, the COUNTY desires to relocate existing utilities as to avoid conflicts with the proposed roadway improvements. The identified necessary utility relocations consist of the following: • Relocate existing 20" water main over the IRFWCD North Relief Canal • Relocation existing 8" force main over the IRFWCD North Relief Canal • Relocate existing 6" force main (approx. 600 feet) along 58th Avenue south of 57th Street • Relocate existing utilities to accommodate proposed storm drainage improvements The Consultant will retain a sub -consultant (Brierley Associates) to assist in evaluating alternative horizontal directional drill feasibility, alternative routes and pipe material recommendations associated with the proposed utility relocations in conjunction with the IRFWCD North Relief Canal. 108 A. Utility Plans: The following is the anticipated utility improvement associated within the project limits: 1. The utility plan sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. All quantities shall reference FDOT Pay Item Numbers. 3. All specifications shall reference the FDOT Specifications for Road and Bridge Construction and/ or Indian River County Utility Standards. Any deviations or special specifications not included in specifications will be provided in the Technical Specifications. The proposed utility improvements will be submitted to the COUNTY for review and comment at 60%, 90% and Final Design submittal stages. Review submittals will consist of three (3) hard copies of utility plans along with an opinion of probable construction cost. B. Utility Permit: To support the above described utility improvement, the Consultant will prepare and submit a Florida Department of Environmental Protection (FDEP) Specific Permit to Construct Public Water Systems Components, a FDEP Domestic Waste Water Collection /Transmission System Permit and an IRFWCD Application for Utility Construction Permit. Permit agency coordination assumes one (1) request for additional information (RAI) to be received from FDEP and IRFWCD associated with the applications. The Consultant has included the $900 FDEP application fees within the work order fee. The Final Plans will be provided in Autodesk Civil 3D format. FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant 109 to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Utility Plans $ 36,000 Utility Permits $ 3,920 Project Total $ 39,920 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 110 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately three (3) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) 2 months following NTP 3 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 111 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 112 Date: To: From: Indian River County, Florida Department of Utility Services Board Memorandum July 3, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Work Order No. 18 for Kimley-Horn and Associates, Inc., Oslo Road & 1-95 Interchange Utility Relocations, FDOT Project 413048-2 Background: The Florida Department of Transportation (FDOT) is in the design phase of the proposed interchange with Oslo Road and 1-95. The project will impact existing Indian River County Department of Utility Services (IRCDUS) water, reuse, and sewer utilities along the Oslo Road and 82"d Avenue rights of way. IRCDUS has therefore decided to hire Kimley-Horn and Associates, Inc. (KH) to prepare a utility relocation design. Analysis: On April 17, 2018, the Board of County Commissioners (BCC) approved the Continuing Contract Agreement for Professional Services with KH. In accordance with that agreement, KH will provide professional services to prepare Engineering Design Plans and Specifications. Funding: Funds for this project are derived from the R & R budget in the operating fund. The operating fund budget is derived from water and sewer revenues. Description Account Number Amount Oslo Road &I-95 Interchange Utility Relocations 471-169000-19565 $ 125,890.00 Recommendation: Staff recommends the Board of County Commissioners approve Work Order No. 18 with Kimley-Horn and Associates, Inc., for a lump sum amount of $125,890.00. Attachments: 1. Work Order No. 18: Kimley-Horn and Associates, Inc. 113 PROPOSAL FOR Oslo Road Interchange Utility Improvement Project This Work Order Number 18 is entered into as of this _ day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 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. SCOPE OF WORK Oslo Road Interchange Utility Improvement Project In conjunction with the Florida Department of Transportation (FDOT) proposed Oslo Road/I-95 interchange, the COUNTY desires to relocate existing utilities as to avoid conflicts with the proposed roadway improvements. In addition, the County desires to extend the existing water, reuse and force mains west of the 1-95 corridor as to accommodate future service connections. The identified necessary utility relocations consist of the following: m Relocate existing 16" water, 16" force and 8" reuse mains along Oslo Road between the existing 82nd Avenue and proposed 82nd Avenue intersections, approximately 1,700 linear feet. O Relocate existing 16" water, 16" force and 8" reuse mains along 82nd Avenue south of 1St Street SW, approximately 1,600 linear feet. U Extend utility service west of 1-95 interchange, approximately 3,500 linear feet west of the existing Oslo Road/82nd Avenue intersection. 114 A. Utility Plans: The following is the anticipated utility improvement associated within the project limits: 1. The utility plan sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. All quantities shall reference FDOT Pay Item Numbers. 3. All specifications shall reference the FDOT Specifications for Road and Bridge Construction and/ or Indian River County Utility Standards. Any deviations or special specifications not included in specifications will be provided in the Technical Specifications. 4. It is our understanding that FDOT will provide the currently developed Interchange Constructability Submittal plans along with appropriate digital (.dgn) files to facilitate the proposed utility improvements. The proposed utility improvements will be submitted to the COUNTY for review and comment at Preliminary (30%), Constructability (60%), Biddability (90%) and Production (100%) design submittal stages. Review submittals will consist of three (3) hard copies of utility plans along with an opinion of probable construction cost. It is understood that the Consultant will be required to represent the utility improvements as either reimbursable or non -reimbursable improvements. B. Utility Permit: To support the above described utility improvement, the Consultant will prepare and submit a Florida Department of Environmental Protection (FDEP) Specific Permit to Construct Public Water Systems Components, a FDEP Domestic Waste Water Collection /Transmission System Permit and an IRWCD Application for Utility Construction Permit. Permit agency coordination assumes one (1) request for additional information (RAI) to be received from FDEP and IRFWCD associated with the applications. The Consultant has included the $900 FDEP application fees within the work order fee. The Final Plans will be provided in Autodesk Civil 3D format. It is anticipated that the utility improvement plans will be reviewed and approved by FDOT under their Electronic Review Comment (ERC) System. 115 FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Utility Plans $ 120,870 Utility Permits $ 5,020 Project Total $ 125,890 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 116 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately seven (7) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Preliminary Submittal (30% Design Drawings) Constructability Submittal (60% Design Drawings) Permit Submittal Biddability Submittal (90% Design Drawings) Production Submittal (100% Design Drawings) 3months following NTP 4 months following NTP 4 months following NTP 6 months following NTP 7 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 117 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, INC. OF INDIAN RIVER COUNTY By: By: Brian Good, PE Title: Senior Vice President Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 118 lac/ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland DeBlois, AICP; Interim Community Development Director FROM: Bill Schutt, AICP; Chief, Long Range Planning DATE: July 1, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: August 13, 2019 Stoneridge, LLC request to rezone f 19.24 Acres from RS -3, Single Family Residential District (Up to 3 units/acre), to RS -6, Single Family Residential District (Up to 6 units/acre) [RZON- 2004110052-83770]. Subject property is located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue. [Quasi -Judicial] RECOMMENDATION: The referenced public hearing item is provided for the Board's information. No action is needed at this time. 119 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: July 3, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: August 13, 2019: 1. Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP -SE -19-06-17 / 2019020003-84142] (Quasi -Judicial) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. 120 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM DEPARTMENTAL TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kendra L. Cope, M.S., Coastal Resources Coordinator SUBJECT: Sector 7 Beach and Dune Renourishment Project Design Response to FDEP Request for Additional Information DATE: June 28, 2019 BACKGROUND On January 9, 2018, the Board approved a contract with Coastal Technology Corporation (Coastal Tech) for professional coastal engineering and biological support services related to the management and re -nourishment of the Sector 7 (Porpoise Point) Beach Project area. The Sector 7 Project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County currently has two Project Worksheets (PW) issued by FEMA for Sector 7 Beach and Dune Re -nourishment. Both the Hurricane Matthew PW #616 and the Hurricane Irma PW #3018 are under FEMA/Environmental Planning & Historic Preservation (EHP) review. Once awarded, this FEMA funding will aid the County is recovering associated storm losses within the project area. The County has also received additional supplemental funding from Florida Department of Environmental Protection (FDEP) due to losses incurred by Hurricane Irma within the Sector 7 project area, in the amount of $307, 538.00. Sector 7 Project Area The Sector 7 Project area is a 2.2 -mile section of shoreline that extends from Seagrove south to The Moorings in the southern portion of the County. The project area has been identified by FDEP as a critically eroded beach and has become heavily armored due to high erosion rates. This area has no public access. This makes it difficult to receive State cost -share through annual local government funding requests. Brief History of the Sector 7 Project Area In 2004, the Sector 7 Project area sustained damages from both Hurricane Jean and Francis creating the need for the first a large-scale nourishment project within the southern critically eroded beaches of IRC. This project was designed not impact nearshore hardbottom and used 121 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80D7C5E\@BCL@A80D7C5E.docx Page 2 BCC Agenda Item for July 16, 2019 Sector 7 Project Design Response to RAI 362,000 cy of sand to fill a no impact design template based on current beach conditions. After three years of post -construction monitoring, following the 2007 construction, FDEP declared the project a success, resulting in no significant impacts to the nearshore hardbottom resources. Other than small scale private post -storm maintenance, no beach nourishment project has been completed since 2007. 2014 Beach Preservation Plan Recommendation for Sector 7 In the 2014 update to the County Beach Preservation Plan (BPP), the Sector 7 strategies of Beach Fill and No Action were evaluated. The cost-effective recommendation from this evaluation was for No Action due to the lack of funding assistance and no public access within the project boundaries. However, if public access was created or funding assistance was available, the recommendation suggested Beach Fill as the best option. The 2014 BPP update recommends for beach maintenance projects to avoid adverse impacts to environmental resources including the nearshore hardbottom. DESCRIPTION AND CONDITIONS Permit Application for Sector 7 Renourishment In order to expedite the permitting process staff instructed Coastal Tech to design a project applying the previously permitted 2007 beach fill template to the current beach conditions. This originally permitted template proved successful resulting in no impacts to nearshore hardbottom, and thus should perform similarly. Permit applications were prepared based on a project design modeled after the original template. The FDEP permit application was submitted on January 25, 2019 and ACOE permit application on February 1, 2019. FDEP Request for Additional Information On February 22, 2019 Indian River County received a Request for Additional Information (RAI) from FDEP related to the Sector 7 Project application. The RAI indicated the proposed design would in fact impact the nearshore hardbottom due to the current beach conditions being more deflated than in 2007. The RAI asked the County to explain how they would calculate acreage of hardbottom within the sediment mixing zone that was subject to impacts and how the County would mitigate for such impacts. The RAI also required additional hardbottom delineation through a reconnaissance survey with diver verified transects. In response to the RAI, staff worked with Coastal Tech to estimate the amount of hardbottom that may be adversely affected by the original design and come up with scenarios for how the County can respond to the FDEP's concerns outlined in the RAI related to the project design. Staff confirmed the original design would in fact impact nearshore hardbottom. Staff is seeking direction on which of the following scenarios to pursue as a response to FDEP's RAI. 122 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80D7C5E\@BCL@A80D7C5E.docx Page 3 BCC Agenda Item for July 16, 2019 Sector 7 Project Design Response to RAI Possible Scenarios for Staff Action Scenario 1: Permit the original design and mitigate for adverse impacts. This option would provide approximately 440,000 cy of sand to the project area. Depending on location within the project area the beach berm would be widened approximately 50-150 feet, with an average width of 96 feet. Based on current beach conditions, this quantity of fill would likely cover nearshore hardbottom exposed seaward of the 2007 Equilibrium Toe of Fill (ETOF) line that was identified in the 2015 hardbottom delineation surveys. The estimated amount of coverage would equal approximately 11 acres of hardbottom and would require mitigation costing approximately $750,000/acre. Due to the large volume of sand needed for this design, this project would likely utilize an offshore sand source. Total costs for this scenario are estimated between $21-25 million. Scenario 2: Revise the design with a lower quantity of fill. This option would provide approximately 215,000 cy of sand based on the draft revised design created by Coastal Tech. Depending on location within the project area the beach berm would be widened approximately 0-60 feet, with an average width of 42 feet. Staff will work with Coastal Tech at no additional costs to the County to strategically enhance the feeder beach design where feasible to compensate for lower fill quantities throughout the project area. No adverse impacts are anticipated to occur based on the draft revised design and no mitigation would be required. Due to the minimized quantity of sand, it is likely this project would utilize an upland sand source. Costs for this scenario are estimated between $7.2 - $7.5 million. Scenario 3: Remove permit application and pursue a "No Action" strategy. Background erosion rates in this area will continue, and the beach berm will continue to lower. Based on the 2014 BPP update, impacts from erosion in this area will cost the County $3 million/year. During the June 17, 2019 Beach Committee meeting, the Sector 7 RAI and project scenarios were discussed. The committee all agreed that due to available funding, which would be lost if not utilized, it was important to continue with a project in Sector 7. A motion was unanimously made to recommend Scenario 2 as the most cost-effective way to sustain the beaches within the project area and provide protection to upland structures. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the required pre -construction services is budgeted and available for the Sector 7 Beach Restoration Project in the Beach Restoration Fund, Hurricane Matthew Account - Sector 7, No. 12814472-066512-17001. Construction of the Sector 7 Beach and Dune Renourishment project is not anticipated until Winter 2020/2021. 123 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80D7C5E\@BCL@A80D7C5E.docx Page 4 BCC Agenda Item for July 16, 2019 Sector 7 Project Design Response to RAI RECOMMENDATION Staff recommends the Board support the Beach Committee's June 17, 2019 recommendation and thereby approve Scenario 2: move forward with the Sector 7 project, but with a revised design which will strategically minimize fill to ensure no impacts to nearshore hardbottom. ATTACHMENT 1. Sector 7 Opinion of Probable Construction Costs for Scenarios 1 and 2 APPROVED AGENDA ITEM FOR: JULY 16, 2019 124 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80D7C5E\@BCL@A80D7C5E.docx Indian River County Sector 7 (Porpoise Point) Beach and Dune Restoration Project Renourishment Opinion of Probable Costs June 17, 2019 Offshore Sand Source Item No. Description Quantity I Unit Price Cost 1 Mobilization/Demobilization 1 LS ; $3,350,000 $3,350,000 2 Furnish & Install Sand 440,000 cy i $10.40 $4,576,000 3a Permit Compliance Including Turbidity Monitoring 1 LS $80,000 $80,000 3b Relocation Trawling 1 LS $50,000 $50,000 4 Beach Tilling 48 acres ; $200.00 $9,600 5 Furnish & Install Native Plants 60,000 each $1.00 $60,000 6 Mitigation 11 acres I $750,000.00 $8,250,000 7 Contingency 30% $4,912,680 Total Construction Cost $21,288,280 Cost Per CY Upland Sand Source $48.38 Item No. Description Quantity ; Unit Price Cost 1 Mobilization/Demobilization 1 LS ; $330,000 $330,000 2 Furnish & Install Sand 440,000 cy I $24.00 $10,560,000 3 Permit Compliance Including Turbidity Monitoring 1 LS $80,000 $80,000 4 Beach Tilling 48 acres ; $200.00 $9,600 5 Furnish & Install Native Plants 60,000 each $1.00 $60,000 6 Mitigation 11 acres I $750,000.00 $8,250,000 7 Contingency 30% $5,786,880 Total Construction Cost $25,076,480 Cost Per CY 1 $56.99 125 Indian River County Sector 7 (Porpoise Point) Beach and Dune Restoration Project No Impact Opinion of Probable Costs June 17, 2019 Offshore Sand Source Item No. Description Quantity ; Unit Price Cost 1 Mobilization/Demobilization 1 LS ; $3,350,000 $3,350,000 2 Furnish & Install Sand 215,000 cy $10.40 $2,236,000 3a Permit Compliance Including Turbidity Monitoring 1 LS $80,000 $80,000 3b Relocation Trawling 1 LS $50,000 $50,000 4 Beach Tilling 24 acres ; $200.00 $4,800 5 Furnish & Install Native Plants 30,000 each $1.00 $30,000 6 Mitigation 0 acres ; $750,000.00 $0 7 Contingency 30% $1,725,240 Total Construction Cost $7,476,040 Cost Per CY Upland Sand Source $34.77 Item No. Description Quantity ! Unit Price Cost 1 Mobilization/Demobilization 1 LS 1 $330,000 $330,000 2 Furnish & Install Sand 215,000 cy 1 $24.00 $5,160,000 3 Permit Compliance Including Turbidity Monitoring 1 LS $80,000 $80,000 4 Beach Tilling 24 acres . $200.00 $4,800 5 Furnish & Install Native Plants 30,000 each $1.00 $30,000 6 Mitigation 0 acres ; $750,000.00 $0 7 Contingency 30% $1,681,440 Total Construction Cost $7,286,240 Cost Per CY $33.89 126 Board of.County Commissioners Meeting rrr:Erra:=. EAC N ANA E.ME NT: 'SECTO tS 1NDdAN•RCV.ER: 3UNTy .;FLOR DA •:.. ---i oto segs:. A Range Manvmani county eounsaa BEACH MANAGEMENT ACTIVITY INDIAN RIVER COUNTY. FLORIDA LEGEND' keraariera rr-eCrteat ... . ErarralArea ' �.. 8E3'3i rreiGr__ Biarittzies Beach Nourishment or Stam. Repair By Year grekittra2003, 2812, 2313... 201S. 2017 2308. 2005, 2031. 26'10.2011.2012 2013.2615.'2017. 2018 .. . 260;. 2065, 260s. 2a10. 2m2., M17.2018 2007. 2017. 2018 ;:.LUG?IEt0OVN?tY Beach Dune and Berm Structures 2007 Design Template R-ioo 2oo7Template Design -36o,000cy 15 R-100 2007— Predicted ETOF 2007 Permitted Fill Template .GEN0 10/2004 Construction Template Fill Area. 04' NJ V MI AIL -'3 NAVD. 2006 Landward [rtent of Edge of Hardbottori 1 1 1 1 i 1 1 450 500 554 600 650 700 750 500 Distanoe in Feet from Monument Sector? Renourishment Design 2019 Design Template R-ioo 0 z 4(15 lL c 0 > -5 15 10 0 15 10/2004 Construction Template Fill Area -10 MHWL = 0 4' NNNAVO 2015 Landward Extent of Edge of Hardbottom -10- --10 -15- -20 -15 T I 250 300 350 400 450 500 550 600 650 700 .750 800 850 900 Distance in Feet from Monument -20 oa50 2007 Permitted Fill Template 10/2004' 0}201 bnstruciic Ternla#e :Fill+,~.ea.; .. . NJ?l" 2flt� qe at::andw rd Extento di Hard$©ttn tv 2006 Le.iiridward --1.0 Extant, of Edge of Hardbia Irl -20 2 C1C>:.._ 35i? .. 400 4 3:. Silo::. 5 ii7i7 :.. 5 i0 Distanoe: in Feet from Monument Meetings with FDEP —RAI ► To date the County has participated in two meetings with FDEP staff to discuss the Sector 7 project. FDEP will require: ► If the Sector 7 project covers hardbottom surveyed in 2019, mitigation will be required unless this hardbottom is landward of the 2007 Equilibrated Toe of Fill. ► The County to perform a reconnaissance survey in 2019 to identify extent of hardbottom. Recon survey will include side scan sonar survey and diver verification. No Impact Template R-ioo No Impact Revised Template-- --215,000 cy 15 EGEND 10/2004 03/2019 Construction Template Fill Area MHVVL 0 4' i`JA,V17 .iCt�Cl r. M1wL =30'NAvn /-2015 Landwesd Ext•+tof Eidge of Hardottorn 20015 Landward Extent of Edge of Hardb©ttom -20 250 1 1 1 1 1 1 i I 300 350 400 450 500 550 600 650 700 750 Distance in Feet from Monument r �� --20 300 850 900 950 2007 Design Template R -1o3.75 2007 Template Design -360,000 cy 0 LL c 0 -5 0 -10 15 10. LEGEND ©/2004 Construction Template Alt: Area 15 1 0 -15 -20 2006 Landward Extent o` Edge of Hardbc,ttorn 100 150 200 250 300 350 400 450 Distance in Feet from Monument 10 -15 -20 500 550 600 650 700 2007 Design Template R -1o3.75 Re -construct 2007 template -440,000 cy 15 10 R -y 03.75 15 10/2004 03/2010 Construction Temciat Fill Area -10 Additional Proposed Sand 2007. Predicted 'ETOF 2006 Landward Extent of Edge of Hardbottorn -10 -15- -20 2019 Predicted ETOF Of 5 Landward Extentof. Edge o Hardbottom --15 -20 0 50 100 150 200 250 300 350 400 450 500 550 600 650 700 Distance in Feet from Monument No ImpactTemplate R -1o3.75 Re -construct 2007 template -215,000 cy 15 R-7 03.75 LEGEND 10/2004 03/2019 Construction Template. FII Area -5 0 15 -10 -10- 2005 Landward' Extent of Edge of Hardbottorn:� --10 -15- -20 2015 Landward Extent of Edge of Hardbottom --15 1 50 1 T 1 150 2170 250 300 350 400 450 500 Distance in Feet from Monument -20 600 650 700 Match it e Berm widening approx. 0-60 ft. Avg width — 42 ft. Ma'.ch`iie 3 BPP Recommendation and Current Funding Beach Preservation PIan Recommendation • The most recent BPP update (2015) evaluated both management strategies of Beach Fill and No Action. ► Cost Effective recommendation was No Action — due to lack of public access and funding assistance. • If public access or funding was made available, the recommendation changes to Beach Fill. Current Funding Situation ► FEMA— Hurricane Matthew = $1,983,o68.48 ► FEMA— Hurricane Irma = $983,o48.00 ► FDEP — Hurricane Irma Supplemental Funds = $307,538.00 Total Cost Share =$3,273,654.48 Since there is NO public access, obtain state funds through annual FDEP Beaches funding assistance program is very difficult. This area relies heavily on storms to gain cost share funding for projects. Scenarios and Costs ► 1: Pursue the original design and mitigate for impacts to nearshore hardbottom - up to $25,000,000 (includes $8.25 million for mitigation costs) ► 2. Pursue a revised design with a lower quantity of fill ::- up to $7,500,000 3. Do NOT pursue a project in Sector 7 - Approx. $3 Million/yr The County issued many emergency permits post Hurricane Matthew and Irma. Project maintenance has occurred in this area at individual homeowner expense. Board Discussion and Motion I 9.rq INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator Revised Draft Outline for Indian River Lagoon Management Plan Recommendation for Moving Forward July 8, 2019 BACKGROUND On April 17, 2018, the Board approved a contract with Tetra Tech, Inc. (Tetra Tech) for professional Water Resources/Stormwater design services for a three-year term. Tetra Tech is the selected County Consultant for professional services relative to the development of a County Indian River Lagoon Management Plan. On June 19, 2018, under Commissioners Matters 14.C.1, the Board discussed and approved pursuing an Indian River Lagoon Management Plan (IRL Plan). At the time it was unclear how comprehensive the IRL Plan needed to be. It would combine all the work the County is undertaking in the Utilities, Public Works, and Parks Departments into a cohesive effort in maximizing funds for an efficient return on investment for upcoming projects to improve the health of the Lagoon. As such, staff entered into a work order with Tetra Tech on July 17, 2018 to develop an IRL Plan Outline which would lay the foundation for how the County will focus on potential water quality projects, habitat restoration projects, and education efforts. The IRL Outline will also list partnerships the County may enter into to leverage funding through grants to continue its efforts in revitalizing the Indian River Lagoon (IRL) throughout the lifetime of the plan. Staff presented the initial draft IRL Plan Outline to the Board on May 7, 2019. There was considerable dialogue and Commissioner recommendations discussed during the meeting. Staff has incorporated Commissioner and public recommendations into a revised draft Outline for the IRL Plan. Staff believes the revised Outline provides a clear foundation for how staff will first analyze existing research regarding the IRL and how they will develop a comprehensive IRL Plan following an extensive research review. 127 Page 2 BCC Agenda Item for July 16, 2019 Revised Outline for IRL Plan DESCRIPTIONS AND CONDITIONS A revised draft IRL Plan Outline was prepared by staff following the May 7, 2019 commission meeting discussions. The revised draft Outline provides a timeline for developing the IRL Plan, a detailed framework for the phases of the Plan's development, a list of funding opportunities, and a list of County projects that either will or could occur simultaneously during the Plan's development. The three phases of the IRL Plan's development identified within the revised draft Outline are as follows: 1. Research Review Phase Indian River County will work with to gather and analyze available data from multiple IRL stakeholders, including Florida Department of Environmental Protection, St. Johns River Water Management District, and Florida Fish and Wildlife Conservation Commission. This information will be used to identify knowledge gaps and recognize areas in need of more research in relation to the number of research topics identified in the draft Outline. Information gathered and analyzed as part of this phase will drive the Plan Development Phase, including what will become measurable goals and objectives. The Research Review Phase will take approximately 12-18 months to complete. 2. Plan Development Phase During this phase, Indian River County will work with a consultant and the public to identify multi -pronged objectives and measurable goals for the County's IRL Plan. This phase will also include the writing of the IRL Plan. The layout of the IRL Plan will be similar to the County's Beach Preservation Plan so it is reader -friendly, but recommendations for management strategies and projects identified will be strongly supported by the data analyzed during the Research Review Phase. The Plan Development Phase will take approximately 8-12 months to complete. 3. Implementation Phase Recommendations, goals, and objectives written into the comprehensive IRL Plan will be applied throughout a 3-5 year period. The IRL Plan will work with all existing Indian River County Departments that have diverse skill sets and the knowledge, ability, and mission to affect change in the Lagoon. The IRL Plan is meant to be adaptive in nature and will be continuously updated every 3-5 years to address and reevaluate goals, incorporate new strategies, evaluate current projects, and create new recommendations for management strategies and project focus areas. The draft IRL Plan Outline also identifies current, ongoing, upcoming, and potential local projects that can provide a positive impact on the IRL ecosystem. The County will continue to implement these projects during the Research Review and Plan Development Phases. During the Plan Development Phase, staff will indicate how those projects meet IRL Plan goals and objectives, while also meeting water quality targets set by the State, and improve the health, productivity, aesthetic appeal, and economic value of the Lagoon. Staff intends to include funding for the development of the comprehensive IRL Plan in the proposed budget for next fiscal year and has already begun applying for supplemental grant funding for the Research Review Phase identified in the revised draft IRL Plan Outline. 128 Page 3 BCC Agenda Item for July 16, 2019 Revised Outline for IRL Plan FUNDING Funding is not necessary for the approval of the revised draft IRL Plan Outline. RECOMMENDATION Staff is requesting feedback from the Board on the draft IRL Plan Outline and is requesting approval of the revised draft IRL Plan Outline. If approved, staff will work with a consultant to generate a scope of work to work on the Research Review Phase identified in the Outline of the comprehensive IRL Plan. The scope of work will include staff working in conjunction with the consultant to evaluate available quality data from partner organizations affiliated with the IRL. ATTACHMENT 1. Revised Draft IRL Plan Outline 2. Map of Indian River Lagoon Project Locations APPROVED AGENDA ITEM FOR: JULY 16, 2019 129 Draft Outline for Indian River County Lagoon Management Plan July 2019 PREPARED BY Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, Florida 32960 WITH ASSISTANCE BY Tetra Tech, Inc. 11 Riverside Drive, Suite 204 Cocoa, Florida 32922 tetratech.com TETRA TECH 130 Executive Summary of Timeline Outline Phase: In the outline phase, staff will be developing an outline that will guide the County through the development of the Lagoon Management Plan. The IRL Plan Outline provides a timeline for developing the comprehensive IRL Plan, a detailed bullet point framework for the phases of the Plan's development, a list of funding opportunities, and appendices that address County projects that either will or could occur simultaneously during the Plan's development. The three phases of the IRL Plan's development identified within the Outline are the Research Review Phase, Plan Development Phase, and Implementation Phase. The Outline Phase is currently ongoing and will continue until an Outline is officially adopted by the Board of County Commissioners. Research Review Phase: In the Research Review Phase, staff will be reviewing data collected surrounding various topics that occur within the Lagoon. Using information already collected from multiple Lagoon stakeholders, including Florida Department of Environmental Protection, St. Johns River Water Management District, and Florida Fish and Wildlife Conservation Commission, staff will work with a consultant to assimilate data as it pertains to the County's portion of the Lagoon. Once data has been analyzed, staff will have a better understanding of knowledge gaps present in the Lagoon's estuary ecosystem and will recognize areas in need of more research. Information gathered and analyzed as part of this phase will drive the Plan Development Phase, including what will become measurable goals and objectives. The Research Review Phase will take approximately 12-18 months to complete. 1 Plan Development Phase: In the Plan Development Phase, staff with work with a consultant and the public to identify multi -pronged objectives and measurable goals for the County's IRL Plan. This phase will also include the writing of the IRL Plan. The layout of the IRL Plan will be similar to the County's Beach Preservation Plan so it is reader -friendly, but recommendations for management strategies and projects identified will be strongly supported by the data analyzed during the Research Review Phase. The Plan Development Phase will take approximately 8-12 months to complete. 1 Implementation Phase: The IRL Plan will work with all existing Indian River County Departments that have diverse skill sets and the knowledge, ability, and mission to affect change in the Lagoon. In the Implementation Phase, staff will use strategic adaptive management to continually update the plan to address and reevaluate goals, incorporate new knowledge, evaluate current projects, and create new recommendations for management strategies and project focus areas. Staff anticipates this phase will reoccur every 3 — 5 years. 131 Draft IRL Plan Outline Current Understanding Concerns over a deteriorating lagoon system have been the focus of many stakeholders of the Indian River Lagoon, even with State and Federal regulation monitoring requirements in place for water quality standards throughout the estuary. In section 303(d) of the federal government's Clean Water Act, States are required to list waterbodies where water quality standards are not being achieved. Portions of the Lagoon were listed as impaired by the United States Environmental Protection Agency (USEPA) for dissolved oxygen concentrations. Through additional assessments from State government agencies (i.e., the St. Johns River Water Management District (SJRWMD) and the Florida Department of Environmental Protection (FDEP)), it was determined that all segments of the Indian River Lagoon were negatively impacted by nutrients in regards to seagrass growth and productivity. In March 2009, FDEP adopted nutrient standards for the Indian River Lagoon into their total maximum daily loads (TMDL) program. TMDLs were established for nitrogen and phosphorus levels to address seagrass losses in the Lagoon. The establishment of TMDLs required the creation of a basin management action plan (BMAP) for the Lagoon, which establishes enforceable, more detailed pollutant load allocations for impaired waterbodies. The Indian River Lagoon Basin: Central Indian River Lagoon BMAP was adopted in February 2013 and spans from Melbourne to Fort Pierce. County departments are bound to nutrient loads and water quality monitoring because of these programs created to improve the Lagoon's water quality. Point source wastewater facilities with National Pollution Discharge Elimination permits were assigned wasteload allocations by the TMDL program, which are included in each facility's permit. Stormwater sources, including permitted municipal separate storm sewer systems, other urban nonpoint sources, and agricultural stormwater, were assigned nutrient allocations through the BMAP program. The County's Utilities and Stormwater Departments have to collect, analyze, and report nutrient levels for nitrogen and phosphorus to FDEP each year as part of their regulation requirements. With this in mind, the County actively creates projects with the goal of reducing nutrient pollution that enters into the Lagoon system. 1. Research Review Phase Indian River County will continue to collaborate with organizations affiliated with the Indian River Lagoon to analyze data already collected from entities such as the St. Johns River Water Management District, Indian River Lagoon National Estuary Program, Florida Department of Environmental Protection, Indian River Farms Water Control District, local municipalities, and other organizations collecting data of known quality. This information will be used as part of our Research Review Phase to identify the knowledge that currently exists not only in our portion of the Indian River Lagoon, but for the system as a whole, and recognize areas that require more data collection. 6 Data Analyzation o Annual Rainfall Data ■ Evaluate differences in dry years versus wet years. 132 o Best Management Practices • Identify current best management practices that contribute to the health of the Lagoon and how often they are being implemented. o Biosolids ■ Identify potential impacts of biosolid land applications to the health of the Lagoon. o Ecosystem Functions and Habitat Use ■ Identify current and historical populations and population trends for native and non- native species, including fisheries. Assess trends in the natural community structure and coverage. ■ Identify current and historical locations and coverage of benthic organisms including seagrass, clams, and oysters. • Identify areas to revitalize filter feeder bars, reefs, and aquaculture. ■ Identify emerging issues with new invasive species. ■ Evaluate available data on seagrass planting projects to assess the cost/benefit ratio and overall success. Identify what variables are present that may affect the successful establishment of seagrass. ▪ Identify areas to revitalize the natural estuary ecosystem, including wetlands, marshes, seagrass beds, and living shorelines. o Harmful Algal Blooms • Collaborate with other agencies to identify conditions for nutrient and carbon cycling to evaluate causes and effects of HABs in the Indian River Lagoon and other estuarine environments. o Identify possible responses to HABs, including emergency corrective action, education, hazard communication, and waste management for fish kills. o Hydrology and Hydrodynamics ■ Work with water control and special districts to identify the natural hydroperiod (flow regime) of the lagoon, water management control structures, available models, and effects of enhanced circulation. o Land Use Changes ■ Determine past land use changes throughout Indian River County's portion of the Lagoon and identify anticipated future land use changes. o Marinas and Boat Ramps ■ Determine marina facilities that participate in the Clean Marina Program, which are required to provide marine sanitary pump out services. • Identify accesses to the IRL in existing and new parks wherever possible. o Organic Material and Sediments ▪ Identify areas that are contributing large quantities of organic material such as leaf litter and grass clippings, as well as sediments, to the lagoon system. Determine locations in tributaries and canals with large amounts of floating aquatic vegetation. • Evaluate existing database information to identify the location, aerial coverage, and nutrient flux rates for muck in Indian River County's portion of the Lagoon. 133 o Sea Level Rise • Identify issues associated with sea level rise, including stormwater infrastructure, wetland impacts, salinity, water temperature, and more frequent and severe storms to create a more resilient community. o Septic Systems • Identify priority areas/neighborhoods and evaluate the potential for septic system removal or upgrade in the highest priority areas using the County Septic to Sewer conversion evaluation report and ArcGIS Nitrate Load Estimation Toolkit (ArcNLET). o State and Federal Regulatory Review of Rules • Review and identify various rules and regulations the County follows in relation to protecting our section of the Lagoon. o Stormwater • Evaluate each drainage basin to identify pollutant loadings. • Identify innovative projects and develop efficiencies in pounds reduced per year of TN, TP, and biomass for proposed. projects. Evaluate projects in basins by priority ranking by loading and cost-effectiveness. o Sustainability and Resiliency • Identify methods to increase the sustainability and resiliency of the Lagoon to assess cost/benefit ratios and overall success. • , Identify vulnerable areas to long-term changes in the environment. • Identify projects that would enhance the Lagoon and increase chances for multi - pronged, Tong -term success. o Total Nitrogen and Total Phosphorus • Use available data to evaluate nutrient loading from point and non -point sources. o Water Consumption • Determine the volume of water used for irrigation, as well as household and commercial use, through education and outreach. o Water Quality • Collaborate with other agencies to continuously monitor changes in various water quality parameters. • Knowledge Gap Identification o After research has been completed and analyzed, the County will collaborate with other agencies to determine where knowledge gaps exist and work on better understanding those gaps through new collaborative research. o This identification will help in the goal making process. • Information Dissemination o The County will create and share informational outreach items using the data collected in order to educate the public about the Lagoon and factors influencing the Lagoon. 134 2. Development Phase • Write Plan o Create goals and objectives for the County to manage our section of IRL o Define impacts occurring in our section of IRL o Incorporate strategic management ideas by Lagoon stakeholders • Workshops o Receive public input through public meetings • Incorporate Research and Knowledge Gaps o Define clear priorities for County projects and collaborations o Identify research needs for IRL • Create Recommendations for Innovative Projects o Multi -pronged objective projects o Partnership projects 3. Implementation phase • Strategic adaptive management • Plan updates • Do projects based on recommendations • Evaluate projects • Address goals and reevaluate goals 135 Plan Funding Options Indian River County voters approved a One -Cent Optional Sales Tax Fund. The Indian River County Board of County Commissioners approved an allocation of 20% of this fund for IRL protection and revitalization capital projects. This fund is estimated to be $4 to $5 million per year for five years starting in fiscal year 2019-2020. To implement the plan projects in a timely manner, the County will seek to use sales tax funds to leverage matching funding from grants and appropriations. Examples of other funding programs (many from DEP 2018) are: • Funding for. various IRL projects is currently planned in the County's 5 -year Capital Improvement Program. As additional data are gathered through the research review phase of this plan, the information obtained will focus funding decisions for future IRL projects. • Section 319 grant program — FDEP administers funds received from the United States Environmental Protection Agency to implement projects or programs that reduce nonpoint sources of pollution. Projects or programs must benefit Florida's impaired waters, and local sponsors must provide at least a 40% match or in-kind contribution. Eligible activities include demonstration and evaluation of urban and agricultural stormwater best management practices, stormwater retrofits, and public education. • TMDL grants — Funding for projects related to the implementation of TMDLs may be available through periodic legislative appropriations to FDEP. When funds are available, the program prioritizes stormwater retrofit projects to benefit impaired waters, similar to the Section 319 grant program. • SJRWMD — In general, projects considered for funding shall benefit one or more of the four district core mission areas, including: (1) water supply —to include water conservation, alternative water supply development or water resource development; (2) water quality — to include water quality/nutrient loading reduction; (3) natural systems restoration — for projects that show measurable resource benefits to streams, lakes, wetlands, springs or aquifers; and (4) flood protection —for projects that address flood protection issues on an intermediate or regional scale. Assistance may be provided from ad valorem tax revenues or from periodic legislative appropriations for alternative water supply development and Surface Water Improvement and Management projects. The amount of funding available, matching requirements, and types of assistance may vary from year to year. • IRL NEP — The IRL Council funds projects each year through their work plan process (http://www.irlcouncil.com/). • FDOT — FDOT funds projects through their Five Year Adopted Work Program. There may be opportunities to enhance projects included in the program to provide additional water quality treatment for FDOT roads, rights-of-way, and outfalls. • Budget Appropriation — The Florida Legislature may solicit applications directly for projects, including water projects, in anticipation of upcoming legislative sessions. This process is an opportunity to secure legislative sponsorship of project funding through the state budget. • Clean Water State Revolving Fund loan program — This program provides low-interest loans to local governments to plan, design, and build or upgrade wastewater, stormwater, and nonpoint source pollution prevention projects. Discounted assistance for small communities is available. Interest rates on loans are below market rates and vary based on the economic wherewithal of 136 the community. The Clean Water State Revolving Fund is Florida's largest financial assistance program for water infrastructure. • Florida Rural Water Association Loan Program —This program provides low-interest bond or bank financing for community utility projects in coordination with the DEP's State Revolving Fund program. Other financial assistance may also be available. • Small Cities Community Development Block Grant Program —The Florida Department of. Economic Opportunity makes funds available annually for water and sewer projects that benefit low and moderate -income persons. • State Housing Initiatives Partnership Program — Florida Housing administers the program, which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program is designed to provide very low, low- and moderate -income families with assistance. Funding may be used for emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy -downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling (http://www.floridahousing.org). • Rural Development Funding — The U.S. Department of Agriculture's program provides a combination of loans and grants for water, wastewater, and solid waste projects to rural communities and small incorporated municipalities. The funds will also cover the repair and maintenance of private septic systems. The amount of funds available, as well as the specific purposes for which grants are intended, changes from year to year. Additional details are posted on the Department of Agriculture's website (https://www.rd.usda.gov/programs-services). • Florida Inland Navigation District — FIND Waterways Assistance Program provides grant funding for waterway related projects including navigation channel dredging, channel markers, navigation signs or buoys, boat ramps, docking facilities, fishing and viewing piers, waterfront boardwalks, inlet management, environmental education, law enforcement equipment, boating safety programs, beach re -nourishment, dredge material management, environmental mitigation, and shoreline stabilization. • National Oceanic and Atmospheric Administration — The Coastal Partnership Initiative was developed to promote the protection and effective management of Florida's coastal resources in four specific priority areas: (1) resilient communities, (2) coastal resource stewardship, (3) access to coastal resources, and (4) working waterfronts. • FWC — FWC provides funding through grants such as the Florida Boating Improvement Program, Boating Infrastructure Grant, and Florida's State Wildlife Grants Program that promote recreational boating or improve wildlife habitat. 137 Appendix A: Operational Projects and Projects Under Construction 138 Projects that are currently operational or are under construction by Indian River County were designed and constructed based on our current understanding of impacts to the Lagoon and attempts to minimize those impacts. Many of these projects focus on minimizing nutrient runoff to the Lagoon because of permitting requirements set forth by State permitting agencies. Many of these projects fall under traditional nutrient removal methods of enhancing the Lagoon, but many also enhance natural habitats within the Lagoon system through restoration which directly affects ecosystem functions. These projects are funded by various sources. Projects listed as operational are facilities or programs that are active. Projects listed as under construction are projects that are currently not operational. • Operational Projects o Utilities ▪ Sebastian Septic to Sewer — Phase 1 • This project will connect the existing septic systems to the sewer system which will allow for environmentally sound infrastructure growth to the area and lagoon. It will include an area of 73 acres with an assumption of one septic system per acre. There is an estimated concentration of 30 pounds of TN per year per system and 5 pounds of TP per year per system removed from the environment, with a total estimated reduction of 2,190 pounds per year of TN and 365 pounds per year of TP will result from this project. ▪ Spoonbill Marsh Wetland Treatment System • This 67 -acre man-made habitat uses nature's own treatment techniques for the removal of both nitrogen and phosphorus from the demineralization concentrate by-product and from the waters of the Indian River Lagoon itself. The vegetation and aquatic organisms seen throughout the marsh play an active role in efficiently removing the nitrogen and phosphorus from the blended waters. ▪ Osprey Marsh Stormwater and Demineralization Treatment System • This project is an algal nutrient removal facility system that removes dissolved nutrients from up to 10 million gallons per day (mgd) of stormwater and from up to 1.5 mgd of reverse osmosis reject water known as demineralization concentrate. The algal turf scrubber system uses a water treatment technology that was developed specifically to enhance water quality of polluted waters through the active cultivation of attached algae upon an engineered surface. o Stormwater ▪ Egret Marsh Stormwater Park and Wildlife Sanctuary • This project removes nutrients from approximately 10 mgd of canal stormwater. The filtered stormwater flows through a large polishing pond and shallow marsh and returns to the canals and flows through the Main Relief Canal, eventually emptying into the Lagoon. • PC Main Screening System • This project removes freshwater plants and trash from the Main Relief Canal before the canal empties into the Lagoon. • System Maintenance • The Road & Bridge Division provides maintenance throughout the county in support of a healthy Indian River Lagoon. This maintenance includes street sweeping and a ditch cleaning program. • Projects Under Construction o Utilities o West Wabasso Septic to Sewer — Phase 2 • The Utilities Department plans to convert 57 septic systems to central sewer and construct stub -outs for 47 vacant properties for future connection. o Stormwater ▪ Osprey Acres Floway and Nature Preserve • The floway continues to filter water from Osprey Marsh along with unfiltered water from the South Relief Canal. Filtering occurs through a system of treatment cells using aquatic plans to remove nutrients and then to a serpentine floway for final polishing, eventually released further down the canal and into the Lagoon. o Conservation Lands ▪ Jones' Pier Conservation Area • The County purchased this area in 2011 and committed to implementing a management plan for the site that revitalizes ecological value, while utilizing the site for public access and display of educational and historical exhibits. o Coastal Engineering ▪ Jungle Trail Shoreline Enhancement • This site offers the opportunity for living shoreline projects which naturally protect the historical Jungle Trail. Round Island Living Shoreline Educational Demonstration Site • This demonstration site is an example of one type of living shoreline which naturally protects the shoreline of Round Island from erosion and provides water quality and habitat benefits to the Indian River Lagoon. 140 Appendix B: Upcoming and Funded Projects 141 • Upcoming and Funded Projects Indian River County has three projects that qualify as upcoming and funded projects. These projects are budgeted capital enhancement projects anticipated to begin over the next two to three years. They will adhere to current reporting requirements and rules set forth by the State, and will benefit the Lagoon's ecosystem using various techniques. o Stormwater ■ Moorhen Marsh Low Energy Aquatic Plant System (LEAPSTM) • The unique LEAPS' will remove nutrients through a system of plants that absorb nutrients from the canal water, filtering the stormwater before returning it to the canal and the Lagoon. o Conservation Lands ■ Indian River Lagoon Greenway • The County hopes to develop a flow -way marsh which would incorporate several different elements including: a natural buffer to adjacent development; allowing for increased water quality treatment of the by-product of dredging; potential treatment of stormwater from a Targe FDOT ditch; creation of a high marsh to provide wildlife habitat, water quality improvements, and additional attenuation improvements; and augmenting the existing trail network to provide additional wetland viewing. ■ Lost Tree Island Conservation Area • The County hopes to design a fully engineered habitat enhancement plan for the site. This design will provide a site that is resilient and sustainable; creates diverse natural wetland and upland habitat; provide water quality benefits through the creation of flow -way wetlands; eliminate nuisance and exotic species; and provide educational and recreation opportunities for the public. 142 Appendix C: Potential Projects 143 • Potential Projects Potential projects were identified by staff as projects that ideally would be completed in the future as funding sources are available. These projects would benefit the Lagoon based on current research and understanding of the system, with required rules and regulations in mind. Some of these projects are partially funded and have received feedback from the public. o Utilities • Sebastian Septic to Sewer — Phase 2 The County hopes to conduct ArcNLET modeling for the City of Sebastian area. This model determines the load at the receiving waterbody, not the load from the septic system. o Stormwater • North and South Relief Canal Mechanical Water Lettuce Removal Systems • This project will use a long reach excavator to remove water lettuce from the North and South Relief canals to prevent excess nutrient loading to the Lagoon. • Baffle Boxes • Baffle boxes capture nutrients, suspended solids, organic material, trash, oils, and grease to prevent them from dissolving in stormwater. When regularly and properly maintained, they may substantially reduce TN, TP, and suspended solids. These boxes could be installed in areas with a lot of organic material or trash to capture those materials before they enter the stormwater system. They could also be installed on County, municipality, and FDOT outfalls to major tributaries, canals, and the Lagoon to reduce the amount of pollutants discharged to surface waters. o Conservation Lands • Oslo Riverfront Conservation Area • Approximately 298 acres of undeveloped mature coastal hammock, scrubby flatwoods, and impounded estuarine wetlands located on the north side of Oslo Road.adjacent to the Indian River Lagoon in Indian River County. A FDOT drainage ditch flows through the property from U.S. 1 to the Lagoon. There may be opportunities for wetland vegetative enhancement and improved hydrology that may be beneficial to the Lagoon. • Round Island South Conservation Area • This large wetland impoundment contains a mixture of herbaceous saltmarsh flats and mangroves and is one of the more diverse estuarine wetlands in the area. There are potential opportunities for establishment of a more diverse living shoreline along some sections of the impoundment. ▪ Round Island Riverside Park • This park includes two county owned spoil islands with a boardwalk connected to the smaller of the two islands. This smaller island is dominated by exotic species and would be a potential site for habitat revitalization and water quality 144 improvements such as creation of wetlands along the shoreline, creation of sand flats for avian habitat, and creation of native uplands. • Oyster Bar Marsh • The County has been working in partnership with Indian River Land Trust and with the Indian River Mosquito Control District to install culverts connecting the impoundment to the Lagoon that will improve flushing. • Prange Island Conservation Area • This area consists of two undeveloped islands with encroachment of exotic species. In areas where there is heavy exotic invasion, there is potential to create a mixture of upland and wetland communities that may benefit the Lagoon from both a habitat and a water quality perspective. • Captain Forster Hammock Preserve • The section of the preserve abutting the Lagoon was damaged from salt water inundation as a result of Hurricane Matthew, and may have the potential to be revitalized in a manner that will provide significant benefits to the Lagoon. ▪ Pelican Island National Wildlife Refuge • The County works closely with the United States Fish and Wildlife Service to ensure that management of the areas is targeted at maximizing the potential wildlife habitat. The County intends to continue this collaboration to identify opportunities for projects that can enhance conditions within the Lagoon. • Archie Smith Fish House • This property consists of approximately 1.1 acres of developed and undeveloped lands and the County plans to revitalize these facilities as part of the management plan for the site. Part of this revitalization may include identifying opportunities to enhance seagrass or oyster habitat in proximity to the site or evaluating the shoreline to determine if there are opportunities for creating a living shoreline. • Spoil Island Enhancement Opportunities • There are 43 identified islands within Indian River County with many of them designated as Critical Wildlife Areas. Spoil islands offer a unique opportunity to blend several objectives and gives the opportunity for the County to work with other governmental entities to enhance the habitat. In addition to the ecological aspects of the revitalization, there would be potential increase in recreational opportunities. 13 South Oslo Riverfront Conservation Area • This site consists largely of mangroves abutting the Lagoon. A large FDOT ditch traverses the site and ultimately discharges into the Lagoon. There is potential to provide pretreatment of the stormwater associated with this ditch through modifications to the site, which may also serve as additional wildlife habitat. • Harmony Oaks • The mangroves wetlands on the site are part of a large impoundment system, and may provide an opportunity to enhance water quality via filtration of nearby un- treated stormwater. In addition, removal of several dikes that are not utilized may provide an opportunity to create a more diverse wetland community. 145 o Coastal Engineering ▪ A1A Shoreline Enhancement o This site offers the opportunity for living shoreline projects to naturally protect this area, which was damaged during Hurricane Matthew. ▪ Wabasso Causeway Living Shoreline e This site offers the opportunity for living shoreline projects to restore damaged shoreline, as well as the opportunity for the removal of invasive plants. ▪ Living Docks • With help from the public, the County hopes to utilize volunteers that have docks on the Indian River Lagoon to create vertical oyster gardens, which will provide water filtration and habitat benefits. 146 P2oRto` Indian River Lagoon Project Locations Operational, Under Construction, and Potential Plans — ------j' SEBASTIAN SEPTIC][/ TO SEWER PHASE 21 s SEBASTIAN SEPTIC;TO SEWER PHASE Sebastian nlet AMA SHORELINE ENHANCEMENT IBREVARD 0 1 ' v INDIAN O 1, RIVER 10 ST. LUCIE IRL Watershed OKEECHOBEE! Je� 1.0e\ Ic e\ WABASSO CAUSEWAY LIVING SHORELINE JUNGLE %TRAIL SHORELINE ENHANCEMENT MAP EXTENT ATLANTIC OCEAN LEGEND Lagoon Project Locations APPENDIX A Es UNDER CONSTRUCTION col OPERATIONAL APPENDIX B LV] UPCOMING/FUNDED L`� PROJECTS APPENDIX C �] POTENTIAL PROJECTS COUNTY ' BOUNDARIES r t • n L 'MOORHEN MARSH�r-�. rWye @G3 it r[�1I @ Q° Q '1 OD 9LI li' j1 LOST%TREE ISLANDS CA SPOONBILL MARSH NORTH RELI C' :t(. 4i. , i.f~• w' i• / ' NORTH SOUTH �1 RELIEF.CANAL LETTUCE REMOVALSYSTEM Imagery Source: USDA NAIP 2017 t INDIAN RIVER ".,'E,3 LAGOON GREENWAY.CA, p 0 PLEASE NOTE Not all projects discussed in the IRL Plan Out ine appendices are included on this map. Miles ar . I! [rn�I C°�1D�1 'r. ath: UProloctt7Po6liNfor6\CoaswlErpinoerinq\7019 0701 IndlonR rorlogoonProleds_MopVLoq or) olMs_ ocatbMlap 1061_201 9_0/08.Fnzd T t) OSPREY MARSH OSPREY ACRES STORMWATER PARK PRESERVE OSLO "y=a RIVERFRONT CA'(ORCA) Map Date: 7/8/2019 ROUND ISLAND LIVING SHORELINE ROUND ISLAND RIVERSIDE PARK ROUND ISLAND UTH CA x'.71 Mop Dow: 7/817 019 IQZGiS/ PL Indian River County, Florida Department of Utility Services Board Memorandum Date: July 1, 2019 To: Jason E. Brown, County Administrator Through: Vincent Burke, PE, Director of Utility Services Jennifer Hyde, Purchasing Manager From: Terry Southard, Operations Manager Subject: Sole Source Equipment Vendors Background: Many of the key pieces of equipment located at the water and wastewater treatment plants are highly specialized and designed for a specific application. Typically, major components and repair parts for the specialized equipment/specific application are provided by a sole source. Discussion: In order to facilitate consistency at the water and wastewater treatment plants, the Indian River County Department of Utility Services (IRCDUS) would like to standardize the items listed in the table to avoid any re-engineering of the equipment base, electrical connections or plumbing. The items detailed below represent tested and proven products that provide for an efficient operating system. The vendors and products requested for sole source are shown in the table below. Current memos from each manufacturer describing their sole source for our purposes are on file in both IRCDUS and the Purchasing Division. Legend for Tables WTP Water Treatment Plant WWTP Wastewater Treatment Plant WW Collection Wastewater Collection 148 Sole Source Requests Manufacturer Vendor Specific Material/equipment Used in what system Justification for sole source _ Estimated Expenditures over next 5 -Years Duall CECO Environmental dba HEE-Dual) Corrosion resistant fans, odor control blowers, pumps and degasification systems WTPs Existing fans at both plants; sole source enables repairs rather than requiring full replacement and enables consistency $50,000.00 Detroit Diesel Florida Detroit Diesel Generator Power WTP, WWTPs, Lift Station Stand-by generators for power during times off power outages $50,000.00 Cummins Generators Cummins Power South Stand-by Generator Power WTP, WWTPs, Lift Station Stand-by generators for power during times off power outages $100,000.00 Hydac HC Warner Equipment to remove sand from wells before entering treatment process WTPs HC Warner is sole provider for Hydec equipment $25,000.00 ProMinent Pumps TriNova Chemical pumps for acid and chlorine WTPs Facilities have been designed with ProMinent pumps and equipment any other equipment would require a change in foot print piping $50,000.00 Rotork Valves Fluid Control Specialties SCADA controlled valve control water flow to RO membrane system WTPs Fluid Control Specialties is sole provider for Rortork Equipment $75,000.00 Fybroc Pumps Klein Pumps Pumps used in odor control system to pump chemical water into scrubber towers WTPs Klein Pumps is sole provider for Fybroc Pumps $100,000.00 Andritz Andritz Rotating Drum Thickener WWTPs Sole source provider for RDT, RST sludge Thickener $400,000.00 Endress+Hauser TriNova Inc. Pressure Sensors and Flow Products WWTPs / WTPs Sole source for flow, level, pressure and temperature sensors $25,000.00 149 Manufacturer Vendor Specific Material/equipment Used in what system Y Justification for sole source Estimated Expenditures over next 5 -Years Hydro International (Eutek and Hydro Brands) Hydro International Grit Management Products Head CeII, Grit Cleanse and Grit Snail WWTPs Sole Source for Parts and Service for Hydro International $150,000.00 UGSI Chemical Feed / Polyblend Moss Kelley Inc. Chemical Feed Systems WWTPs Sole Source for Parts and Service for UGSI Chemical Feed systems and Polyblend Feed systems $25,000.00 Quincey Compressor Quincey Compressor Air Compressors WWTPs Sole Source for parts and service $20,000.00 Allen Bradley Rexel Programable Logic Controllers and Variable Frequency Drives WWTPs Sole Source for Parts and Service $50,000.00 Smith & Loveless Sanders Company Pista Grit. Grit Removal and Grit Pumps WWTPs Sole Source for Parts and Service $100,000.00 Fairbanks Nijhuis Sanders Company Vertical Turbine Pumps and Vortex Pumps WWTPs Sole Source for Parts and Service $200,000.00 AUMA Actuators Instrument Specialties Inc. AUMA Valve Actuators WWTPs Sole Source for Parts and Service $35,000.00 Emerson (Rosemont Measurement Brand) Fluid Control Specialties Pressure, Flow and Level Measurement Devices WWTPs / WTPs Sole Source for Parts and Service $100,000.00 Crane Pumps and Systems Hudson Pump Pumps and Pumping Systems WWTPs Sole Source for Parts and Service $100,000.00 Gorman -Rupp Hudson Pump & Equipment Pumps and Pumping Systems WWTPs / WTPs Sole Source for Parts and Service $100,000.00 Gould's Pump Hudson Pump & Equipment Pumps and Pumping Systems WWTPs / WTPs Sole Source for Parts and Service $100,000.00 150 Manufacturer Vendor Specific Material/equipment Used in what system Justification for sole source Estimated Expenditures over next 5 -Years Walker Process Equipment DPS Services Secondary Clarifiers and Collection systems WWTPs Sole Source for Parts and Service $150,000.00 Aqua Aerobic Systems Inc. Envirosales Inc. Aeration and Mixing systems WWTPs Sole Source for Parts and Service $200,000.00 CAL-FLO Lime System Burnett Lime Lime Slurry Pumps WTPs Sole Source for Parts and Service $25,000.00 National Pump Company Barney's Pumps 2 of 4 Spoonbill Pumps WTPs Sole Source for Parts and Service $210,000.00 Watertronics Pumps and Equipment Watertronics 2 of 4 Spoonbill Pumps and parts and piping. WTPs Sole Source for Parts and Service $50,000.00 Indusco Odor Control Equipment Indusco Environmental North County Water Plant Odor Control Equipment WTPs Sole Source for Parts and Service $200,000.00 Kaeser Air Compressor Works Compressed Air/Compliance WTPs Sole Source for Parts and Service $20,000.00 AutoMaxx Flowserve Actuators on Boosters WTPs Sole Source for Parts and Service $10,000.00 Durco Carter/Verplanck Booster Pumps WTPs Sole Source for Parts and Service $50,000.00 Layne/Vertilyne PentAir Barney's Pump Transfer Pumps WTPs Sole Source for Parts and Service $75,000.00 CLA-Val Barney's Pump Check/Control Valves WTPs Sole Source for Parts and Service $30,000.00 Tradewinds Power Tradewinds Power Corporation Emergency Generator Power WTP, WWTPs, Lift Station Sole Source for Parts and Service $150,000 151 Manufacturer Vendor Specific Material/equipment Used in What system Y Justification for sole source Estimated Expenditures over next 5-Years Rexa Valve Pro-Co Incorporated Automatic Flow Valves WW Collections Sole Source for Parts and Service $20,000 Cues Cues CCTV Pipe Inspection Cameras WW Collections Sole Source for Parts and Service $40,000 Vac Con Southern Sewer Repair Service (3) Vacuum Trucks WW Collections Sole Source for Parts and Service $50,000 MicroC EOSi Treatment Chemicals WWTPs Sole Source $1,675,000 152 Funding: Funds for these repairs will vary depending on the item use and location. Typically, these items are budgeted as operating fund capital items or replacement and renewal (R&R) items in the operating fund. Operating funds are derived from water and sewer sales. Recommendation: Staff recommends the Board of County Commissioners declare the vendors listed above as sole source for the specific materials requested and authorize the Purchasing Division to issue purchase orders as needed in lieu of formal bids or quotes. 153 REVISED DRAFT OUTLINE FOR IRL MANAGEMENT PLAN BOCC MEETING JULY 16, 2019 KENDRA COPE AND MOLLY KLINEPETER PUBLIC WORKS DEPARTMENTAL ITEM IRC STAFF TASK FORCE PUBLIC WORKS UTILITIES • KENDRA COPE • ERIC CHAREST • MOLLY KLINEPETER VINCENT BURKE • KEITH MCCULLEY • ALEXIS PERALTA RICH SZPYRKA PARKS COMMUNITY DEVELOPMENT WENDY SWINDELL • STEVEN HITT • BETH POWELL BACKGROUND • JUNE 19, 2018 - COMMISSIONERS DISCUSSED AND APPROVED PURSING AN INDIAN RIVER LAGOON MANAGEMENT PLAN (IRL PLAN) AND THE HIRING OF ONE NEW STAFF TO COORDINATE EFFORTS BETWEEN DEPARTMENTS • DIRECTIVE WAS: IRL PLAN WAS TO MARRY THE CURRENT WORK BEING DONE BY 4 DEPARTMENTS AND COORDINATE THESE EFFORTS TO MAXIMIZE THE COUNTY'S EFFORTS AND FUNDS FOR AN EFFICIENT RETURN ON INVESTMENT REGARDING LAGOON PROJECTS • STAFF ENTERED INTO WORK ORDER #1 WITH TETRA TECH ON JULY 17, 2018 TO CREATE AN OUTLINE OF A PLAN FOR HOW THE COUNTY WILL FOCUS ITS EFFORTS FOR ENHANCING THE HEALTH OF THE LAGOON STAFF PRESENTED AN INITIAL DRAFT OUTLINE TO THE BOARD ON MAY 7, 2019 FOR REVIEW AND DISCUSSION. AFTER CONSIDERABLE DIALOGUE IT WAS DECIDED STAFF WOULD TAKE RECOMMENDATIONS MADE BY THE BOARD AND PUBLIC AND INCORPORATE THEM INTO A REVISED DRAFT OUTLINE FOR THE IRL PLAN REVISED IRL PLAN OUTLINE EXECUTIVE SUMMARY OF TIMELINE FOR IRL PLAN IRL PLAN OUTLINE CURRENT UNDERSTANDING RESEARCH REVIEW PHASE PLAN DEVELOPMENT PHASE IMPLEMENTATION PHASE • PLAN FUNDING OPTIONS • APPENDICES OF PROJECTS UNDER CONSTRUCTION OR OPERATIONAL. UPCOMING AND FUNDED PROJECTS POTENTIAL PROJECTS CURRENT UNDERSTANDING OF LAGOON STRESSORS AND MANAGEMENT GUIDELINES fir,....—.:7:ow l{ n nc�aaw 3Ya� Mav^vnn �. �e1ac, —.P.-""\\ os w .. §EB. :»�. rev l [ ja mer. gj :. L tares Central Indian River lagoon EMAP A`"'a'. Cities \ ' Z Project Zones '' County Boundary C3 BMAP Boundary • IN 2009 FDEP ADOPTED NUTRIENT STANDARDS FOR THE IRL IN THEIR TOTAL DAILY MAXIMUM LOAD (TMDL) PROGRAM TO ADDRESS LOSS OF SEAGRASSES • TMDLS WERE ESTABLISHED FOR TN AND TP WHICH LEAD TO THE CREATION OF A BASIN MANAGEMENT ACTION PLAN (BMAP) • BMAPS ESTABLISH ENFORCEABLE POLLUTANT LOADS FOR THE IRL SUB—BASINS (DRAFT ALLOCATIONS MADE IN 2016) • COUNTIES AND MUNICIPALITIES ARE BOUND TO THESE NUTRIENT LOAD ALLOCATIONS WHICH SERVE AS ONE OF THE ONLY ENFORCEABLE MEASURES FOR IRL HEALTH • THUS, THE COUNTY HAS CONSTRUCTED AND DESIGNED MANY PROJECTS AND FACILITIES WHICH FOCUS SOLELY ON THE REMOVAL OF TN AND TP TO MEET THESE NUTRIENT LOAD ALLOCATIONS. Pounds of Nutrient 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 IRC ANNUAL NUTRIENT REMOVALS* *Based on 2014-2017 BMAP Progress Reports for Central Indian River Lagoon 68,591 2014 2015 2016 Total Nitrogen (lbs/yr) ■ Total Phosphorus (lbs/yr): 2017 60,000 50,000 '640,000 0 30,000 o_ 20,000 10,000 HOW DOES IRC COMPARE TO OTHER.. PARTNERS* 53,106 11,092 3 *Based on 2017 BMAP Progress Report for Central Indian River ,042 1,813 1,030 1,067 513 565 11111 11111111111111 96 29 87 26 0 0 0 0 0 0 0 0 tndign Rive r PCoun yDOT D/strict 4' City of sebgstign City of Vero Beech Cit y of Fells, Fe/ismer ere WCD Indio SRID n River Far wCD • Total TN Project Reduction (Ibs/year) • Total TP Project Reduction (Ibs/year) Town o TOW nof OFCh/c/ River Shores CURRENT UNDERSTANDING OF LAGOON STRESSORS AND MANAGEMENT GUIDELINES • IN 2009 FDEP ADOPTED NUTRIENT STANDARDS FOR THE IRL IN THEIR TOTAL DAILY MAXIMUM LOAD (TMDL) PROGRAM TO ADDRESS LOSS OF SEAGRASSES • TMDLS WERE ESTABLISHED FOR TN AND TP WHICH LEAD TO THE CREATION OF A BASIN MANAGEMENT ACTION PLAN (BMAP) • BMAPS ESTABLISH ENFORCEABLE POLLUTANT LOADS FOR THE IRL SUB -BASINS (DRAFT ALLOCATIONS MADE IN 2016) • COUNTIES AND MUNICIPALITIES ARE BOUND TO THESE NUTRIENT LOAD ALLOCATIONS WHICH SERVE AS ONE OF THE ONLY ENFORCEABLE MEASURES FOR IRL HEALTH • THUS, THE COUNTY HAS CONSTRUCTED AND DESIGNED MANY PROJECTS AND FACILITIES WHICH FOCUS SOLELY ON THE REMOVAL OF TN AND TP TO MEET THESE NUTRIENT LOAD ALLOCATIONS. • HOWEVER, WE STILL DO NOT FULLY UNDERSTAND ALL THE FACTORS STRESSING OUR SECTION OF THE IRL ^...--:, i I. I I— » 7t V. Central Dutton Maar Lagoon EMAP '.'"".1%,'''''.77=`, ��.M� � ;rry e ; Cities 1 ;,tet Project Zones � County Boundary e3 Str1AP Boundary 0 000 AS. • IN 2009 FDEP ADOPTED NUTRIENT STANDARDS FOR THE IRL IN THEIR TOTAL DAILY MAXIMUM LOAD (TMDL) PROGRAM TO ADDRESS LOSS OF SEAGRASSES • TMDLS WERE ESTABLISHED FOR TN AND TP WHICH LEAD TO THE CREATION OF A BASIN MANAGEMENT ACTION PLAN (BMAP) • BMAPS ESTABLISH ENFORCEABLE POLLUTANT LOADS FOR THE IRL SUB -BASINS (DRAFT ALLOCATIONS MADE IN 2016) • COUNTIES AND MUNICIPALITIES ARE BOUND TO THESE NUTRIENT LOAD ALLOCATIONS WHICH SERVE AS ONE OF THE ONLY ENFORCEABLE MEASURES FOR IRL HEALTH • THUS, THE COUNTY HAS CONSTRUCTED AND DESIGNED MANY PROJECTS AND FACILITIES WHICH FOCUS SOLELY ON THE REMOVAL OF TN AND TP TO MEET THESE NUTRIENT LOAD ALLOCATIONS. • HOWEVER, WE STILL DO NOT FULLY UNDERSTAND ALL THE FACTORS STRESSING OUR SECTION OF THE IRL HARMFUL ALGAL, BLOO RESEARCH REVIEW PHASE 1 2-1 8 MONTHS • DATA ANALYZATION • ANNUAL RAINFALL • BEST MANAGEMENT PRACTICES • BIOSOLIDS • ECOSYSTEM FUNCTIONS AND HABITAT USE • HARMFUL ALGAL BLOOMS • LAND USE CHANGE • MARINAS AND BOAT RAMPS • ORGANIC MATERIAL AND SEDIMENTS • SEA LEVEL RISE • SEPTIC SYSTEMS • STATE AND FEDERAL REGULATORY REVIEW OF RULES • STORMWATER • SUSTAINABILITY AND RESILIENCY • TOTAL NITROGEN AND TOTAL PHOSPHORUS • WATER CONSUMPTION • WATER QUALITY The County will collaborate with organizations affiliated with the IRL to analyze data already collected by management agencies and other stakeholders. This information will be used to identify knowledge that currently exists and recognize area that require more data collection. RESEARCH PHASE 1 2-1 8 MONTHS KNOWLEDGE GAP IDENTIFICATION • INFORMATION DISSEMINATION • COLLABORATE WITH AGENCIES TO DETERMINE WHERE GAPS EXIST AND WORK ON BETTER UNDERSTANDING THOSE GAPS • COUNTY WILL CREATE AND SHARE INFORMATIONAL OUTREACH ITEMS USING INFORMATION COLLECTED FROM THIS PHASE PIAN DEVELOPMENT PHASE 8-12 MONTHS • CONDUCT PUBLIC WORKSHOPS • DEVELOP PLAN: DEFINE IMPACTS OR STRESSORS TO OUR SECTION OF THE IRL; CREATE GOALS AND OBJECTIVES; • INCORPORATE STRATEGIC MANAGEMENT IDEAS FROM STAKEHOLDERS. • INCORPORATE RESEARCH AND KNOWLEDGE GAPS • DEFINE CLEAR PRIORITIES • IDENTIFY RESEARCH NEEDS • CREATE RECOMMENDATIONS FOR INNOVATIVE PROJECTS • MULTI -PRONGED OBJECTIVE PROJECTS PARTNERSHIP PROJECTS IMPLEMENTATION PHASE 3-5 YEAR UPDATES • STRATEGIC ADAPTIVE MANAGEMENT • REGULAR PLAN UPDATES • CONSTRUCT OR IMPLEMENT PROJECTS BASED ON RECOMMENDATIONS • EVALUATE PROJECTS • ADDRESS GOALS AND REEVALUATE GOALS COUNTY PROJECTS Under Construction or Operational Projects UTILITIES • SEBASTIAN SEPTIC TO SEWER PHASE 1 SPOONBILL MARSH TREATMENT SYSTEM OSPREY MARSH WEST WABASSO SEPTIC TO SEWER PHASE 2 CONSERVATION LANDS AND COASTAL • JONES' PIER ENGINEERING JUNGLE TRAIL SHORELINE ENHANCEMENT PUBLIC WORKS - STORMWATER • EGRET MARSH STORMWATER PARK • PC MAIN SCREENING SYSTEM • STREET SWEEPING — SYSTEM MAINTENANCE OSPREY ACRESFLOWWAY Black = Operational ROUND ISLAND LIVING SHORELINE EDUCATIONAL DEMO Green = Under Construction COUNTY PROJECTS Upcoming Funded Projects CONSERVATION LANDS • INDIAN RIVER LAGOON GREENWAY • LOST TREE ISLAND PUBLIC WORKS STORMWATER • MOORHEN MARSH List of 17 Potential Projects can be found in outline in Appendix C. FUNDING* • 20% OF ONE -CENT OPTIONAL SALES TAX FUND - $4-5 MILLION/YEAR • SECTION 319 PROGRAM • IRL NEP FDOT • LEGISLATIVE BUDGET APPROPRIATIONS • TMDL • CLEAN WATER STATE REVOLVING • DEO FUND SJRWMD FLORIDA RURAL WATER ASSOCIATION LOAN PROGRAM *REPRESENTS A SAMPLE OF PROSPECTIVE FUNDING PARTNERSHIPS RECOMMENDATION 1. PROVIDE FEEDBACK ON REVISED DRAFT OUTLINE 2.APPROVE REVISED DRAFT IRL PLAN OUTLINE v ci) c ci) 0 IA.6.t Manufacturer !� Vendor] Estimated Expenditures over next 5 -Years FY 17/18 Expenditures FY 18/19 Encumbered and/or Spent to Date DuaII CECO Environmental dba HEE- Duall $50,000.00 $37,368.00 $9,000.00 Detroit Diesel Florida Detroit Diesel $50,000.00 $16,649.18 $14,549.60 Cummins Generators Cummins Power South $100,000.00 $35,484.48 $29,121.76 Hydac HC Warner $25,000.00 $6,080.89 $1,361.00 ProMinent Pumps TriNova $50,000.00 $4,204.96 $22,659.27 Rotork Valves Fluid Control Specialties $75,000.00 $875.42 $4,840.15 Fybroc Pumps Klein Pumps $100,000.00 $3,816.75 $12,273.83 Andritz Andritz $400,000.00 $0.00 $0.00 Endress+Hauser TriNova Inc. $25,000.00 $500.17 $15,163.25 Hydro International (Eutek and Hydro Brands) Hydro International $150,000.00 $0.00 $0.00 UGSI Chemical Feed / Polyblend Moss Kelley Inc. $25,000.00 $0.00 $0.00 Quincey Compressor Quincy Compressor $20,000.00 $1,083.01 $0.00 Allen Bradley Rexel $50,000.00 $4,580.98 $10,434.32 Smith & Loveless Sanders Company $100,000.00 $12,575.00 $539.00 Fairbanks Nijhuis Sanders Company $200,000.00. $0.00 $0.00 16-19 AUMA Actuators Instrument Specialties Inc. $35,000.00 $0.00 $10,815.00 Emerson (Rosemont Measurement Brand) Fluid Control Specialties $100,000.00 $875.42 $4,840.15 Crane Pumps and Systems Hudson Pump $100,000.00 $3,319.00 $0.00 Gorman -Rupp Hudson Pump & Equipment $100,000.00 $0.00 $23,156.00 Gould's Pump Hudson Pump & Equipment $100,000.00 $0.00 $25,525.76 Walker Process Equipment DPS Services $150,000.00 $0.00 $53,800.00 Aqua Aerobic Systems Inc. Envirosales Inc. $200,000.00 $0.00 $0.00 CAL-FLO Lime System Burnett Lime $25,000.00 $3,423.00 $5,843.75 National Pump Company Barney's Pumps $210,000.00 $49,500.00 $109,590.00 Watertronics Pumps and Equipment Watertronics $50,000.00 $3,548.10 I $12,534.50 Indusco Odor Control Equipment Indusco Environmental $200,000.00 $0.00 $0.00 Kaeser Air Compressor p Works $20,000.00 $7,340.00 $7,272.90 AutoMaxx Flowserve $10,000.00 $1,128.75 $32,780.46 Durco Carter/Verplanck $50,000.00 $38,543.95 $0.00 Layne/Vertilyne PentAir Barney's Pump $75,000.00 $0.00 $23,475.00 CLA-Val Barney's Pump $30,000.00 $41,950.00 $15,125.00 Tradewinds Power Tradewinds Power Corporation $150,000 $182,259.44 $290,868.23 Rexa Valve Pro -Co Incorporated $20,000 $1,760.00 1 $900.00 Cues Cues $40,000 $4,170.78 $18,073.54 Vac -Con Southern Sewer $50,000 $407,497.61 $24,549.37 MicroC EOSi $1,675,000 $79,686.17 $140,000.00 12g 153'21 /)-kg Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: July 8, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Biosolids Rule Making Comments for Chapter 62-640 Florida Administrative Code Background/Analysis: The Florida Department of Environmental Protection (FDEP) is conducting rule making for Chapter 62-640 Florida Administrative Code (FAC) to address recommended actions of the Biosolids Technical Advisory Committee (TAC) following their review of management practices and potential nutrient impacts related to the land application of Class B biosolids. The FDEP has held three (3) public workshops from June 25-27 in Tallahassee, Orlando and West Palm Beach, respectively. Staff listened in to the Orlando workshop via web conference, attended the West Palm Beach workshop and provided verbal comments to the FDEP on June 27. On Tuesday, July 2, 2019, staff provided a brief informational update to the Board of County Commissioners (BCC) regarding the proposed rule making changes. Attached to this agenda is a summary of comments that is presented for BCC review and approval. The FDEP is asking that all comments be submitted on or before Monday, July 29, 2019, either through the FDEP online portal here: http://floridadep.biosolids-rulemaking-comments.sgizrno.com/s3/ or via email to Kristin.Gousse@dep.state.fl.us. Recommendation: Staff recommends that the Board of County Commissioners either approve, or approve with modifications, the comments to the proposed biosolids rule Chapter 62-640 Florida Administrative Code and direct staff to submit the comments to the Florida Department of Environmental Protection before the July 29, 2019, deadline. Attachments: 1. Staff Comment summary to proposed rule making changes for 62-640 FAC 2. Comments from UF/IFAS Agriculture Agent and Director 3. Comments from interested party: Mr. Roderick 4. General Concerns and Comments C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@580DA008\@BCL@580DA008.docx Page 184 Indian River County, Department of Utility Services comments on the Florida Department of Environmental Protection's Draft Biosolids rule revision (Florida Administrative Code 62-640) Deastri ccn ut proposed deletions Red — proposed language COMMENT — Comment on section Section reference: 62-640.100 Scope, intent, Purpose, and Applicability (1) All domestic wastewater treatment facilities which use biological treatment processes generate biosolids as a by-product of the treatment process. The Department finds that unregulated use, disposal, or land application of biosolids may pose a threat to the environment and public health unless water quality or other scientific data demonstrates otherwise. (5)(a) It is the intent of the Department in this chapter to regulate the management, use, and land application of biosolids so as to ensure protection of the environment and public health,including minimizing the migration of nutrients, nitrogen, and phosphrous or other pollutants that may impair or contribute to the impairment of waterbodies through water quality testing verification of all permitted sites. (5)(f) COMMENT: This section should include wording to allow for a permit revision or reopener clause on existing permits. (5)(g) COMMENT: Allowing facilities to operate under the requirements of the current 62-640 will not ensure protection of the environment. (5)(h) COMMENT: (f) and (g) seem to contradict timeframes. How does the Department propose that existing Permittees will be meeting the requirements within 3 years? What will be measured to ensure compliance? (6)(a) Biosolids land application within areas of the state where basin management action plans (BMAPs) have been adopted or may be adopted in accordance with Sections 403.067(7), and 373.807, F.S., shall be in accordance with the applicable BMAPs. (6)(a) COMMENT: Future regulations such as implementation of a BMAP should justify the Reopener or permit revision clause under (5)(f). 62-640.200 Definitions: COMMENT: This section is missing various definitions such as Minimum Depth to Water and Seasonal High Water Table. 62-640.210 General Technical Guidance and Forms: COMMENT: This section should be broadened to include guidance documents to assess water quality standards (F.A.C. 62-302 Numeric Nutrient Standards, etc.) (1)(1) Missing date of reference document (1)(n) Missing date of reference document (1)(o) Kidder, G. and R.D. Rhue, September 2003,"Soil Testing," OF/IFAS Circular 239, http://edis.ifas.ufi.edu/SS156. (1)(p) Mylavarapu, R.S. and E.D. Kennelley, February 2009 (COMMENT: February 2009 155 reference found later in this document — if this reference is to change, then 62- 640.650(b)(1) will need to reflect that reference change as well) XXXX2OO9, "Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual,". OF/IFAS Circular 1248, http://edis.ifas.ufl.edu1SS312. 62-640.300 General Requirements (1) Facilities that receive or generate biosolids shall have a valid Department permit prior to treatment, land application, distribution and marketing, or disposal of biosolids. Facility permits shall specify the use or disposal of the facility's biosolids and also sped required monitoring of the site which shall include groundwater and surface water monitoring to an extent protective of the environment. Biosolids shall be managed in accordance with the facility permit and the requirements of this chapter. (2)(b) COMMENT: This section needs to have the wording strengthened to ensure that the Treatment facility's `Biosolids Plan, Form 62-640.212(2)(a)" is protective of the environment. (3)(d) All biosolids application sites it-applic-atiefis shall be considered projects of heightened public interest in accordance with subparagraph 62-110.106(7)(a)(1) 62 110(7)(a)1., F.A.C. (3)(g) The application site shall be self-containedand must not discharge surface water runoff during a 100-year/24-hour storm event. (3)(h) Include survey data of the historical drainage pattern of the site. This information shall include the existing contours of the application site, elevation of all swales, ditches, streams, wetlands within 2500 feet of the application area. The information shall show the ultimate outfall for the application site and how discharge from the application site will be contained (3)(i) The permit application shall include a surface water, wetland and groundwater monitoring plan prepared by a geotechnical engineer licensed in the State of Florida. 62-640.400 Prohibitions. COMMENT: Should the Department not be able to enact regulations ensuring that the land application f Biosolids is done in a manner protective to the environment and restoration efforts verified through water quality monitoring, then perhaps they should consider adding the Upper St Johns River Basin to the list of prohibited zones for application (similar to (11) Lake Okeechobee watershed and (12) Caloosahatchee River and St Lucie River watershed prohibitions). 62-640.500 Nutrient Management Plan (1) COMMENT: The Nutrient management plan should include information on water quality monitoring (groundwater and surface water). Reliance on FDACS Best Management Practices program does NOT provide FDEP with adequate information needed to "ensure protection of the environment". (5) COMMENT: The NMP should include monitoring requirements (groundwater and surface water) similar to F.A.C. 62-610. (5)(c) Include a description of how the NMP complies, or will comply, with any applicable 156 basin management action plans (BMAPs) adopted under Sections 403.067(7), and 373.807, F.S. (5)(e) 01) Specify Identify the frequency interval for soil fertility testing. The interval shall be at least once annually prior to application every five years with consideration for more frequent testing if increases in soil phosphorus levels are expected; (5)(f) COMMENT: Open ended — how is one to know if levels are increasing on a site if no monitoring is required. No definition of what an "increase" is. Does not appear to be an actionable item. "Discussion" is a weak regulatory term for an important item. Applicant should be required to affirmatively demonstrate that these risks are minimal and would be effectively neutralized rather than just "discussed". (5)(g) COMMENT: Need to define "pathways" such as Soil horizons, water tables, etc. "Discussion" is a weak regulatory term for an important item. Applicant should be required to affirmatively demonstrate that these risks are minimal and would be effectively neutralized rather than just "discussed". (5)(i) COMMENT: Application rates should be based on the lowest limiting factor and not Nitrogen and Phosphorus. Additionally, how is "reasonable assurance" assessed for higher rate applications? Presumed compliance with FDACS BMPs does not show environment is being protected. This needs to be done through water quality monitoring, not assumptions. (5)(i)(1) COMMENT: Application rates for Phosphorus to be defined. The focus is on Phosphorus Storage Capacity, but the draft rules don't specify which method is to be used to assess this criteria. Additionally, where is the science behind increasing application after cuttings of hay (is the hay removed from the site — who oversees/approves this)? Is 4 cuttings of hay per year excessive — who verifies/reports hay cuttings in order to determine extra P2O5 allocation? (5)(i)(6) COMMENT: Wastewater plants adjust operations throughout the process depending on influent and effluent characteristics. Basing applications on estimates may not be protective to the environment, as the estimate may not be representative of the loads applied to the land. (5)(j) The NMP shall include a self-contained area and must not discharge surface water runoff during a 100-year/24-hour storm event. (5)(k) Monitoring of any surface water or wetland every 500 feet within 2500 feet of site will be required quarterly with results submitted to the Department within 28 days after the end of the monitoring period. (5)(l) Monitoring of groundwater shall be required at the limits of the self-contained site at intervals of 500 feet to a distance of 2500 feet from the application site. (8)(a) COMMENT: Who is performing the annual review of the facility NMP? If changes are made, who from the regulatory side acknowledges receipt of the changes and approves? References to Nutrient Management planners appears to be dated terminology, as we understand it no Nutrient management planners exist or are. signing off on the NMPs, rather Professional Engineers authorization is accepted after a desktop review. 62-640.650 Monitoring, Record Keeping, Reporting, and Notification 157 (1) COMMENT: This section currently gives the FDEP authority to adjust monitoring, record keeping or reporting. This section should be modified to require surface and groundwater monitoring. (3)(a)(1) .. Monitoring for water extractable phosphorus shall follow Pennsylvania State University , which the Department adopts and incorporates by reference. COMMENT: Method needs to be defined (in place of blank underline) and standardized. (3)(b)(2) Remove exemption for Class AA sites. Land application of Class AA still poses a potential threat to groundwaters and surface water run-off. (3)(c)(1) Remove arbitrary threshold and just require that all sites perform groundwater and surface water monitoring. Does FDEP maintain staffing adequate to cover this item — and who is looking at the results for trends or trigger levels? (3)(d)(1) The site permittee shall ensure surface water monitoring for total phosphorus, total nitrogen, and fecal coliform bacteria is conducted for sites when an application site is bordered or crossed by waters of the state and the application zone is located within 1000 feet of waters of the state, excluding wetlands. (3)(d)(2) If the receiving water is a stream or canal, the surface water monitoring shall be conducted on a quarterly basis at points 500 feet upstream and 500 feet downstream from where runoff from the application site enters state waters. If the receiving water is a lake, estuary, or coastal water, the surface water monitoring shall be conducted on a quaftef}y monthly basis 500 feet downstream from where runoff enters the water body and at an approved background monitoring point. 62-640.700 Requirements for Land Application of Class AA, A and B Biosolids COMMENT: There is no language to restrict land application of Biosolids (in any form) if such a practice causes or contributes to an existing impairment. How do these monitoring parameters compare to wastewater discharge standards that we are held to? Since Biosolids are a by-product of WWTF, the standard for clean discharge water for WWTF should be the standard for biosolid land applications and are to be part of the NMP> (6)(e)(2)(f) Measures to prevent leaching or run-off of nutrients are implemented. COMMENT: Measures such as?? (6)(f)(9) COMMENT: Suggest a higher frequency such as monthly, seasonally (6)(f)(10) A minimum unsaturated soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil. The permittee can shall indicate the seasonal high ground water level for the application site in the Biosolids Site Permit Application, Form 62-640.210(2)(d), by use of soil survey maps. If the seasonal high ground water level is within two feet of the depth of biosolids placement or cannot be determined at the time of permitting, the water table level shall be determined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water -table monitoring well or a piezometer. Biosolids shall not be applied on soils having a seasonal high ground water table less than 15 158 centimeters from the soil surface or within 15 centimeters of the intended depth of biosolids placement. COMMENT: Department should specify an acceptable date range of soil survey maps and require the most current, up to date information be used. Additionally, types of soils should be taken into account in determinations of depth to water as different types of soils have different characteristics that may allow for more rapid transport to groundwater. General comments: IRCDUS is very interested in learning what comments the recently appointed Chief Science Officer for the Department, Dr. Thomas Frazer, has regarding how the draft Biosolids rule is protective of the environment, or what changes may be recommended after their evaluation. The land application of biosolids makes any nutrient run-off associated with that practice fall into the non -point source category as far as nutrient loadings are concerned. Point source loadings to our section of the Indian River Lagoon are documented to represent only 1 to 3% of the total nutrient loading, yet a majority of the regulations and monitoring requirements are focused on these point -source discharges. Focusing more efforts on reducing 98% of the nutrient loading to the Lagoon might be a better effort for the regulatory agencies and that should be considered during this rule making process. 159 Attachment 2 CHAPTER 62-640 BIOSOLIDS 62.640.100 Scope, Intent, Purpose, and Applicability 62-640.200 Definitions 62.640.210 General Technical Guidance and Forau 621640.300 General Requirements 62.640.400 . Prohibitions 62-640.500 Nutrient Management Plan (NMP) 62-640.600 Pathogen Reduction and Vector Attraction Reduction 62-640.650 Monitoring, Record Keeping, Reposing, and Notification 621,40.700 Requirements for Land Application of Class AA, A, and B Biosolids 62-640.750 Agricultsnal Sites (Repealed) 62-640.000 Additional Requirements for Land Application at Reclamation 62-640.850 Distribution and Marketing of — Class AA Biosolids-' 62-640.860 Other Solids /`. 62-640.080 Additional Requirements Related to Biosolid - eatment Facilities 62-640.100 Scope, Intent, Purpose, and A ability. (1) All domestic wastewater treatment . r ities which use biological.treatment processes generate biosolids as a by-product of the treatment process. The•Departme• rods that (un egulated use, di posal; or land application of•bios Lids poses othreat to the environment and public health (a) It is the intent of • eponm ent in this chapter to regullate;the management, use. and land application of biosolids so as to ensure protection o . e environment and public health including minimizing Ibe•migration of nutrients, nitrogen and nhosphroug is„ \ (b) r s portment encourages the highest levels of treatment, quality; and use for biosolids. (c) The Department further•encouragesth be eneficial use•of b osolids in a manner which will foster public acceptance, os well os innovative and alternative uses for biosolids such as bioenergy-related uses. .' (2) through (4) No change (5) Applicability, \/ \\\\\ (a) Requiremems in this chapter shrill apply to domestic nasteNatertreatment facilities and biosolids management facilities that generate, treat, o manage biosolidsN:\ (b) Requirementsm this chapter shall`also apply to appliers or distributors of biosolids or biosolids products, and to owners or operators of applicutio`site which receive biosolids.\ (c) Unless speci0cally provided otherai`e ;n this chapter, requirements in this chapter shall apply to all septage management facilities that 'that apply septage toegricultund'sitesor reclamation sites. Requirements in this chapter shall also apply to appliers of septage, and to operators or owners of an ogr ndmral site.or reclamation site which receive septage from facilities permitted under this chapter. (d) Unless specifically provided'otheniise in this chapter, requirements in this chapter that apply to biosolids shall also apply to septage from facilities regulated by the Department; to products derived from such septage, biosolids, or combinations thereof; and to the products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department. (e) Unless. specifically provided otherwise in this dapter.•requirements in this chapter shall apply to composting facilities, as defined by, this chapter, which use yard trash, wood chips,or similar bulking agents, and apply the resulting compost to land or distribute and market the resulting compost. • - (1) Facilities and biosolids application sites which have submitted a complete wastewater or biosolids site permit application, or which have received an initial permit before August -25, 2040felTective date of the nde), are considered to be existing facilities and existing sites and shall meet the requirements of this chapter in accordance with paragraphs (g) and (h), below. (g) Unless specifically provided otherwise in this chapter, existing facilities in Florida shall comply with the requirements of this chapter at the time of renewal of the wastewater permit. Summary of Comments on CHAPTER 62-640 Page: 1 Author. ckellybe Subject: Highlight Date: 7/7/20194:10:04 PM This is a great statement, but educating the public for acceptance is going to take some effort since there already has been so much negative Information. Oioenergy usage is an Interesting alternative but who is going to supply the SS to build the infrastructure. 160 (h) Existing biosolids application sites, whether permitted • individually or under ,subparagraph 62-640.300(3)(02. shall meet the requirements of This chanter at the 1' tmit or facili ' .gri( but no lat r th. s ( hin thre •e rs f eflee ire d llv permit in accordance with tewal of the biosolids tnnlicntion sit fj Biosolids or biosolids products whic - generated outside of Florida'but finported to Florida aresubje o the provisions of this chapter beginning effective dat •- .. ' ' " �'\, (j)(k) Requirements in Ili. :pier do not apply to the treatment,'management, or,disposal of indual sludges. septage, or residuals resulting from' • . strial wastewater treatment except as provided for in paragraphs 62-640.11 - )(1) and 62-640.880(2Xc), F.A.C. �\ (6) s -�r Applicable Rules. /\ (a)(Biosolids land application within areas of the state where basin management actio tan (S?o)APs) have been adopted in! accordance with Sections 403.067(7). and 373,807. F.S::shall be in accordance with ' applicable IiMAPs e rule (b) through (h) No change a .. �. Rulemaking Authority 373.043, 403.05/,, 4 61,,` 03.06?, 403.087,,,403. 8, 403:704, 403.707 P.S. Law Implemented 37.3.4395. 403.02/. 403.03/, 403.061, 403.087, 403.080, 403:0881, 403.702, 403.704. 4017 403.708 179Ilumq—Nen' 8-12-90. Formerly 17-640.100. Amended 3- 30-98, 8-29-10. - 62-640.200 Defrnitions� Terms used in this chapier shall'have the meanings • - ifted below, The meaning of any term not defined below may be taken from definitions in oiler'Ates of the Depailmeent. \ `� (1) through (15) No change (16) "Distribution'and.Marketing" is. to giveaway oi'sale of biosolids meeting the criteria of Rule 62-640.850, F.A.C., or a product derived front su' h biosolids, er packaged or Tin bulk fomt, to another person by the owners or operators of treatment works or by a person who receives •'osolids o' biosolids products from treatment works. (17) "Dry weight basis" n',+ns,catcutater on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 pe. entsolid's content; (19) through • renumbered (18) through (23) No change (2_4)(234 " - corporation" means the -mixing of biosolids with topsoil by such means as discing, plowing, tilling, or equivalent means to r. ' ce exposure to the biosolids. To meet the renuirements for vector attraction reduction in accordance with Rule 62- (040.600 . xx:.incorporation shallbe to a depth of at least -four -inches . through (40) renumbered (25) Through (39) No change ((40)"Seasonal hiehwater table" e-rea"�`itsi (41) "septage" means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. Page: 2 EAuthor ckellybe Subject: Highlight Date: 7/7/2019 4:16:24 PM This is a great rule because once a EMAP is in place, water quality will be at the forefront and a lot of things that were allowed in the past will no longer by allowed by FDACS & FDEP. Author, ckellybe Subject: Highlight Date: 7/7/2019 4:18:39 PM Looks like they wanted to put in a definition here but did not. oversight? This will be an important definition to include. 161 (42) "Septage management facility means septage. food establishment sludges.(wastes removed from portable toilets, and wastes removed from holding tankinissociated %ith boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. (43) through (51) No change RulemOking Authority 373.043.'403.051, 403.061, 403.062. 403.087. 403.008. 103.704, 403.707 FS.: Law Implemented 373.4595. 403.021, 403.051, 403.061, 403.037, 403.088, 403.0881, 403:702, 403.704, 403.707, 403.708 FS. I0iswp--Ns'w 8-12-90. Formerly 17-640.200. Amended 3- 30-9.4;8-29-/0. Page: 3 62-640.210 General Technical Guidance and Forms. (1) Unless specifically referenced elsewhere in this chapter, the following pdblications are listed for informational purposes as technical guidance to assist facilities, appliers, distributors and marketers site' managers, and site owners in meeting the requirements of this chapter. Publications or potions of publications comnining'enforceable criteria are specifically referenced elsewhere.in this chapter. information in the publications listed below does not upeaede the specific requirements of this chapter. Members of the public may request and obtain copies of the publications listed -belo v.b contacting the appropriate publisher ai the address indicated. Copies of the publications are on file and available fon review during norriml business hours at the Department of Environmental Protection, Domestic Wastewater Section, M.e3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 and in the Department's district and branch offices. (a) U.S. Environmental Protection Agency, 1995, Process Designamml for4nd Applications! Sewage Sludge and Domestic Septage. EPA Center for Environmental Research' -Information. 2N/est-Mania' Luther King Dnvc Cincinnati, Ohio 45268, w•ww.epa.gov. /\ (b) Title 40, Code of Federal Regulations, Protecuomm of Environment, 1993. Port 503, "Standards for the Use and Disposal of Sewage Sludge," revised as of October 201tc.,4.' oondeffetiire on 0 _, svwsv.gpoaccess.gov/efrindex.html. \\\ V (c) through (k) No change (I) USDA Natural Resources Cscry onotion Service, XXXX4990 "General Title 190, Pan 402 — Nutrient' Management,"USDA-NRCS, Washington, DCNmiv.nrcs.usda,gov/technical. (m) USDA Natural Resour es\Conservation[Sen•ice _ `Florida, 2Q122ae7, "Field Office Technical Guide — Nutrient Management, Code 5902,.USDA-NRCS7FLv w;Gainesville,-Florida, .0.nres.usdagov/technicnl. L (n) USDA Nairn -al Resou 9 Consen•ation Senne`e•— Flor)CX ida, XX2004. "Field Office Technicdl Guide — Waste Utilization, Code 633," USDA-NRCS-FL, Gainesville, Florida, www: nres.iada.go's/technical. (o) Kidder,1G. and RD. Rhue, 2003, "Soil Testing, • UF/IFAS Circular 239, http://edis.ifns.uf.edu/SS 156. (p) Myim-ampu, RS. and E.D. Kennelley, XXX.X24109, "Extension Soil Testing Laboratop• (ESTL) Analytical Procedure and Training Manual," UF/IFAS Circular 1248,http://edis.ifas u11.edu/SS3I2. .(2) No change Rulemokhig Authority. 373:043, 403.051, 403.0; 403.062. 403.087. 403.088, 403.704, 403.707 FS. 'Law / plrmemrxl 373.4595. 403.021. 403.051. 403.061, 403.087, 403.08,8N0,6881, 403.702, 403.704. 403.707. 403.700 FS. lliolosy-New 8-12-90; Formerly 17-640.210 ,4Mended 3- 30-98, 0-29-10. \ % 62-640.300 General Requirements. `/1 (1) through (2) No change (3) BiosolidnApplication Site Permit. (a) through (c) No change (d) All biosolids application site permit applications shall be considered nroiects of heightened public interest in accordance with subparagraph 62-110(71(01.. F.A C. (d) through (e) renumbered (e) through (1) No change (4) No change Rulemaking Authority, 373.043, 403.031. 403.061. 403.062, 403.007, 403.080, 403.704. 403.707 FS. Law Implemented 373.4595, 403.021, Author. ckeltybe Subject: Highlight Date: 7/7/20194:22:50 PM This seems strange to Include in SMF because in the definition above where it defines' septage' it states that -contents of portable toilets, holding tanks.." are exduded from the septage definition. 162 Page: 4 403.051, 403.061, 403.087, 403.088, 403.0881. 403.702. 403.704, 403.707, 403.708 FS. llistory-Now 8-12-90. Formerly 17-646.300 Amended 3- 30-98, 8-29-10. 62-640.500 Nutrient Management Plan (NMP). (1) A site-specific NMP shal .. . o the Department with the permit application for an agricultural site. For sites enrolled and participating in a(Florida Department of Agriculture and Consumer Services (FDACS) Best Management Practices! ((BMP) progran�i, a conservation plan or NMP prepared for the purposes. of the BMP can be submitted as the site-specific NMP lithe plan sleets the NMP requirements given in subsections (4) through (8), below. (2) USDA-NRCS-Florida Field Once Technical Guide — Nutrient Management, Code 590, November 2012. listed in paragraph 62-640.210(I)(m), F.A.C., is available to provide technical guidance in the preparation of NM f Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540.'2600 Blair Stone Road, T. u 32399-2400 or any of the Department's District Offices. (3) The NMP shall be prepared and signed by a person certified by theNRCS for nutrient manag signed and sealed by a professional engineer licensed in the State of Florida (4) The NMP shall identify each.applicationzone to be used ot.the site as identified)n I Form 02-640.210(2)(d). Application zones shall be sized to facilitate accurate accotmting' be in accordance with Rule 62-640.700, F.A.C., ns applicable for the class(es) of bios . • s (5) The NMP shall meet the requirements of this chapter and shall: '! (a) Include aerial site photograph(s)/imagery orlsle map(s),a�itd a soil ev -, of the si (b) Include guidance for NMP implementation, site operation, m - ' ' : - nndrecon lc) Include a description of how the NMP eoftnolies Pith . olicnble basin anngement action_plans (BM • • adopted . under Sections 403 067(7). and 373.807. F.S . (4)(e) Include results of soil, water compost `� '.organics by -prod • plant tissue, and biosolids analys- as applicable. The soil fertility testing used to develop the NM all be less than -one ye old; lie._�.t a_be at least once, a ro (e_)(� $pecifrldeitifv the frequency ' � rval for soil 'fertility testing.(The inten•ol•shall be at least once .. �e iosolids tutnent a hai e eying; rpm the assee, Flor planning red, 'rmit Application, rani loadings and shall ed to the site. (I) Include a discussion . e risk associated {with phosphorus accllmulatlon and'a proposed phos orus draw -down strategy if the soil phosphorus le .. are increasing on any application zones at the site (g) Incl). • r Iscussion demonstrating that biosolids 'gplicaiion'at the site presents low r tar phosphorus transport from the hi (19)`Location of designated sensitiveareas and the asso rated nutnerrtapplication resins ns rand setbacks (r) Establish specific rates ofapplicalion of biosolids based on -nitrogen and phos biosolids and ail other nutrient sources`to each apolicalion zone. The NMP shall add the effective and expiration dates of the biosolids site permit, at a minimum. The a nutrient. nitrogen or phosphorus. unless the apalicant can`'•provide reasonable as water qualify. As part of establishing the application rales, the NMP shall incl 1 The NMP shall identifi ihe'recommended crop nutrient needs for n' crops io be grown on each analicatiori zone based. on7FAS recommend Cron N.`r / Nitrogen Forage Crops (per active grossing season) Improved perennial grasses grazed 160 hay or silage (assuming 4 harvests) Cool season annual grasses (e.g... grazed small grains, n'egrass. fescue) Warm season annual grasses sorghum-sudon hybrid or pearl millet) grazed 160 XX hm• or silage -(4 harvests) XX 320 ms as well as procedures to land apply s application rates for the period covered -by kation rate shall be based on the more limiting ante that applying at a higher rate is prolective of e the following items ogen and phosphorus (i.e. crop nutrient demand) for the ons or using the following values as a guide (Phosphorus (P20))`. XX" 160 320 XX' Author.ckellybe Subject Highlight Date: 7/7/20194:30:10 PM -- --- Being enrolled gives the applicant the presumption of compliance while no one really checks to make sure they are complying. I think they need to added that enrollees must submit to an annual review to make sure they are complying with Me BMPs. Author. ckellybe Subject: Highlight Date: 7/7/2019 4:59:23 PM organic Author ckellybe - Subject: Highlight Dale: 7/7/20194:25:36 PM This is a great addition but it does not state the type of soil fertility testing to be done. There are different levels of testing that extract different nutrients. - - @Author. ckellybe Subject: Highlight Date: 7/7/20194:39:33 PM These areas should have some sort of monitoring in place so possible contamination is at a minimum. gAuthor ckellybe Subject: Highlight Date: 7/7/2019 5:04:06 PM Once again, they are determining the N need and not the P need which could (probably) result in overapplication of P. N is usually the more limited nutrient and therefore needs to be applied ata high rate which then will result in higher P rates. The thinking is that the extra P can safely be "stored" by the soil until itis mated out. 163 Vr;, (7) through (8) renumbered (6) through (7) No change •L` (8) The NMP for a permitted biosolids land application site shall be reviewed annualiv-and any revisions shall be ! ovided to the Department. Revisions not reauirine a minor permit revision in -accordance with por5gr4h 62-640,30013)(6). F ._ shall be provided to the Department with the site annual summary submitted in accordance with paraeaph 62-640,650(51 1. F A.C., or earlier. Any revisions involving nutrient calculations shall be 'completed by a -certified nutnent''management anner or by a professional engineer licensed in the State of Florida, Rulemaking Authority 373.043. 403.051, 403.061. 403.042, 403.037, 403,088.`403.704. 403.707 FS. Law lanlrmee 'd 373.4595, 403.021. 403.051. 403.061, 403.087, 403.088, 403.0881, 403.701, 40.3J04,\403. 707, 403.708 FS, H 1 ,y -New R-12-90, Farmed. 17-640:500 Amended 3- 30-98, 8-29-10. .. .`-.• . ,\\\. 62-640.600 Pathogen Reduction and Vector Attraction Reduction. All biosolids applied to the land.or distributed:Ana marketed shall be treaied with a -treatment proces designed to reduce pathogens and achieve vector attraction rduction. in accordance with the requirements ofthis section. The l epanment hereby adopts and incorporates by -reference the pathegeo'and vector attraction reduction requirements of 40 C.F.' 503.32 and 503.33, revised as of October 22, 2015A.t n01I.99, 29.93, and effective -on December 15, 201303, except f r the site restrictions in 40 C.F.R.• 503.32(6x5), the septage ,requirements -In 40 C.F.R"C. '503.32(c), and the vector attraction uction requirements in 40 F.R. 503.33(bxl l) and \\ (1) Pathogen Reduction Requirements. \\ (a) Class AA\and`Class A Biosolids. Class Akand .Class A biosolids shall meet e of the pathogen reduction requirements described in 40 C.F.R. 503.32(x)(3), (4)"(5);x(7), and (B). For treatment processe permitted under 40 C.F.A. 503.32(a)(5), a pemtittee shall not implement Ore provisions of 40 C.F.R. 503.32(ax5xii)(D) and 50 2(a)(5)(iii)(D) until: 1. The permittee .demonstrates to the Department, based on monitoring data ' om the facility, that the documented pathogen treatment process operating .peranteters reduce enteric viruses and • viable helms h ova to levels below the limits specified in 40 C.F.R. 503.32(a)(5): and. 2. The permit is revised to specifically allow the permittee to implement C.F.R. 503.32(a)(5)(ii)(D) and 503.32(a)(5)(iii)D). (b) Class B Biosolids. Class B Biosolids shall meet one of the pa ogen reduction requirements described in 40 C.F.R. 503.32(b). (c) Septage management facilities that are regulated by the -Depart enl, and that do not treat any amount of biosolids or food establishment sludge shall satisfy Class 13 pathogen reduction requir- nus if sufficient lime is added to prodtce as pH of 12 for a minimum of two hours, : _ -' - _ -� � - . - : t � ' � . - .l Processes and design shall,ba in accordance with the guidance; for lime stabiliizstion of septage in Chapter 6, Process DesignManual for Sludge Treatment and Disposal, which the Department' adopts and incorporates by reference. The pH shall be maintained at or above 11 until land .application4m-shall-be-tess4Iian-61,5-61 . Materials treated in accordance with this provision shall be managed as Class 13 biosolids. (2) Vector Attraction Reduction Requirements. (a) All Class A and Class 13 biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) Page: 6 Author. ckellybe Subject: Highlight Date: 7/7/20194:42:09 PM WOW! I did not know that the pH of septage was so high --this will raise the pH of the soil considerably. Most plants grow best between 5.5-6.5 and repeated applications of a material that high in p1i will affect the ability of the plant to uptake the nutrients. 165 This.page contains no comments through (10). • (b) Class AA biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(bX1) Through (8). (c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolidsor foo4 establishment sludge satisfy vector attraction reduction requirements if the Class B pathogen reduction requirements of paragraph 62-640.600(IXc), F.A.C. are met. Rule makh g Aulhcrly 373.043, 403.051, 403.061, 403.062. 403.007, 403.088, 403.704, 403.707 FS: Lrr ' 10 plememr i 373.4595: 403.021. 403.051, 403.061, 403.087,403.088, 403.0881. 403.702. 403.704, 403.707, 403.708 FS. 11ireoq'-10'w 842-90. Formerly 17-640,600, Amended 3.' 30-98.8-29-10. 62-640.650 Monitoring, Record Keeping, Reporting, and Notification. (3) thMonitoring ng2) Noqu channet (3) Monitoring Requirements. (a) Biosolids Monitoring. I. Biosolids sampling and analysis to monitor for the pathogen and vectorof raction reduction requirements of Rule 62-640.600, F.A.C., and the parameters in subparagraph 62-640.650(3Xa)3., F.A'C'shall be conducted by the treatment facility in accordance with 40 C.F.R. 503 8, and the FOTIF Sludge Sampling and Anaa j'sisrGuidance Document,'.August 1989, which the Department adopts and incorporates by reference. This document is ovailable"from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or wry of the Department's District Offices. In cases where disagreements exist between 40 C.F.R. 503.8,and the POTIV Sludge Sampling and Analysis Guidance Document, the requirements in 40 C.F.R. 503.44sill apply. Monilorini,for wafer extractable phosphorus shall follow . Pennsylvania State Universit'. which the Deparimint adopts and jncorpoiata bv'reference. 2. Permit applications for all treatment faiiiities'thellandctpply or distribute`end market biosolids shall identify the monitoring that Will be conducted for all microbial and all operationaland.process paten eters'necessazy to demonstrate compliance with the pathogen reduction and vector attraction reduction requirements of Rule 62-(,40.600,.F: .C. All operational and process pamnuMers, such as time and temperature. numbs of windrow turnings. pH readings, etc shall bemonitored on a continual basis as applicable m to the treatment process to deonsuote compliance with Rule 62-640.600;F.AC. 3. All treatment facilities that land apply or distribute and market biosolids shall analyze biosolids for the following parameters, except as provided in parngmph 62t6401080(5)(u)t F.A,C.: Total Nitrogen___—__ .\ \ / �. \ \ % dry weight basis Total Phosphorus \ 7 --\ ' 1 % dry weight basis Total Potassium / \ \ \. \ 'S., % dry weight basis Water Extractable Phosphorus �. \. % dry welch' bosig Arsenic \ \ N. \. \ \, mg/kg dry weight basis Cadmium \ \ 1. 1 _ \ 1 mg/kg dry weight basis Copper " \ a 1 . • mg/kg dry weight basis • Lead • \ \ i I mg/kg dry weight basis Mercury \ \ / / - - mg/kg dry weight basis Molybdenum 's V / mg/kg dry weight basis Nickel \ / mg/kg dry weight basis Selenium mg/kg dry weight basis Zinc mg/kg dry weight basis pH standard units Total Solids - . % CalciumCarbonateEquivalent" - % dry weight basis °Only required for biosolids treated by alkaline addition 4. through 6. No change 7. Monthly averages of parameter concentrations shalt be determined by taking the arithmetic mean of all sample results for the month. 166 (b) Soil Monitoring _c1. The site permittee shall ensure soil fertility testing is conducted in accordance with the NMP. The soil fertility testing and& Itesutts shall be equivalent to the "Phosphorus Index Test" as conducted by the University of Florida (UFMrwtitute of Food ono) (Agricultural Sciences (IFAS) Extension Soil Testing Laboratory Soil testing shall follow the procedures in the IFAS publications) 'Soil Testing" UFAFAS Circular 239, September 2003, identified in paragraph 62-640.210(I)(o). F.A.C.. and "Extension Soil Testing Laboratory (ESTL).Analytical Procedure and Training Manual,".UF/IFAS Circular 1248, February 2009, identified ink . paragraph 62.640.210(1)(p), F.A.C., which are hereby incorporated by reference) These documents are available from Department of Environmental Protection, Domestic Wastewater Section; M.S. 3540, 2600 Blair Stone Road, Tall 32399-2400 or any of the Department's District Offices. Results of soil fertility tests shall be included in .. rcatio.. e records. 2. Representative soil monitoring for parameters in subsection 62.640,700(5), F.A.C.. sh. onducted at minion sites for each application zone prior In application site permitting, except for sites only pe �� . or Class AA biosolids.)At a mini mug soil sample shall be taken for each application zone or for every 50 i, ..application area, whichever is smaller. Each sample shall be a composite of at least ten random samples to a d . -ms incheso'nd shall be completely nixed to form a minimum one - pound sample.'Sampling and analysis shall be i •v. once nith 40 C:F.R. 563.8(4), which is hereby incorporoted by reference. Results of initial soil monitoring shall ... .orted on the Biosolids Site Permit Application, Form 62-640.210(2)(d). (c) Ground Water Mo 1. A group. -. r monitoring program shall be established by the site permittee, and approved by the Department for land applic '. snes when the application rate in the NMP exceeds.more than 1004001bs/acre/year of plant available nitrogen or more thanfXX lbs/ncrehear of total P205 When the application rates are below these o`mounts. the parniltee shall allow the Department to install ground water monitoring wells at any time during the effective period of the Department-i`ssued'fncility or land application site permit and conduct monitoring. 2. through 5. No change (4) Surface Water Monitoring 1. The site cenniltee shall ensure surface water monitoring for total nhosnhoruss'total nitrogen. and fecal coliform bacteria is conducted for sites when on apnlicotion ineis bordered or crossed tn>waters-of the `state and the application zone is located within 1000 feet of waters of the slate. encluding wetlands j If the receiving water is a stream or canal; the surface winter -monitoring shall be conducted on a quarterly basis at Points 590 feet imstreate and 500 feet downstream from tvliere runoff from the application site enters state waters If the receiving water is lake. estuary, or coastal water. the'surface watcr 'monitoring shallbe conducted on a quarterly basis 500 feet downstream from where runoff enters the nater body and at•an a6proved.bacl:eround r torntorine point, (g)(6) Any Iab`oratot tests -required by this'chapter shall be perfornied by n laboratory certified in accordance with paragraph 62•620.610(18)(d), .F.A.C. Snap e, collection •required by this -chapter shall be performed in accordance with paragraph 62- 620.6I0(18)(e), F:A.Cr The Specific Oxygen Uptake Rale (SOUR) test. as required by 40 C.F.R. 503.33(b)(4), shall be conducted within 15 minutes of sample collection an`d,shali be performed by a certified laboratory or under the direction of an operator certified in accordance with Chapter 62.602. F.A.C. \ \ U (4) through (6) No change Rulemaking Authority 373.043, .403.051, 403./061. 403.062. 403.057. 403.088. 403.704. 403.707 FS. Law holden:word 373.4505,.403.021, 413.051, 403.061, 403.007, 403.088, 403.83,4r 702. 403.704, 403.707, 403.708 FS. II!rim —New 3-30-98, Amende68-29-10. 62-640.700 Requirements for Land 'Application of Class AA. A, and B Biosolids. (1) through (5) No change (6) General Application Site Requirements. (a) Biosolids shall be applied with appropriate techniques and equipment to -assure uniform application over the application zone. (b) e• _ , Class A and Class B biosolids treated be alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located at n distance greater than one- quarter mile from the application site property line. This distance shall be decreased to the setback distance provided by subparagraph 62.640.700(8)(6)2.. F.A C., if the affected adjacent property owner provides written consent. (c) Class A and Class B biosolids treated by alkaline addition shall be land applied within 24 hours of delivery to the site. Page: 8 ®Author. ckellybe Subject: Highlight Date: 7/7/2019 4:44:00 PM " Excellent! ThIs is the problem that I discovered when they were using testing procedures from Ge and not FI. Author. ckellybe Subject: Highlight Date: 7/7/2019 4:45:35 PM OK --this is what 1 mentioned up above so I am glad that they have put the maximum testing size at 50 acres, "i �jaAuthor. ckellybe Subject Highlight Date: 7/7/2019 4:47:34 PM Missing data. 167 (d) The spraying of liquid domestic wastewater biosolids from an application vehicle shall be conducted so that the formation of aerosols is mini ' v va er permit or sae pemut, spray guns shall not be used. (c)`,Biosolids shall not be stored, stockpiled, or staged et Aland application site for more than seven days unless approsed by the �artment pursuant to subparagraph 2.. below.)— - -- - 1. All biosolids storage. stockpiling. or staging at land application sites shall: .a. Meet the applicable setback requirements for biosolids application sites in subsection 62-640.700(8), F.A.C., b. Not cause or contribute to runoff of biosolids, objectionable odors, or vector atimction:and, c. For Class B biosolids, include fencing or other appropriate features. to discourage The entry of animals and - uthorized persons. 2. The Department shall approve storage periods for longer than seven days if the following condition •. me a. The storage area and facilities are identified in the NMP and site permit application, b. The applicable storage requirements of subparagraph 62-640.700(6)(e)t. F.A.C., are c. All of the biosolids stored at the application site, up to the capacity of the orisite . age facilities, can .' and applied nithom restdting in an exceedance of cumulative loading limits or the appticationrttes-e • (shed in the NMP, d. The storage facilities are adequate for the rate of biosolids genual". pernnttedlrentment !ties Sending biosolids to the application site end. e. A longer storage period is needed because of agricudtu t rations or dintatic fa• : s at the application site:ppd, Men re ..ry nt eachin .fn ' n nr 3. In no case shall storage of biosolids exceed 4. EPA's Guide to Field Stange of Bi field storage, stockpiling, and staging (1) Class 13 biosolids applic nature of the project area 1. Signs shall b 13 Biosolids and the years. 's. para` 62-640:21 tosolids.r n sites shall be posted.niih comply with the following i " f ), F.A.C.. provides gutdance to assist permittees in the opriate advisory signs in ,English and Spanish which identify the rements. sled at all entrances to land a • . !cation sites in such a posit os to be clearly noticeable. The words 'Class (in Spanish "Sitio-can Bios61': •s"), "Fublic Access Prohibited" (in Spanish "Prohibido el Acceso al Publico'), to and contact information of th e manager shell sppeor prominemly'on the -Signs. 2.(For unfenced opplication.sites. ..iliou) signs shall be posted -in the comers and at n maximum of 500 feet intervals along the boundaries of the application- e arsons, mind in such a position as to be dearly noticeable from outsidethe boundary line of the application site. The wor• Public A�ecess Prohibited" (in Spanish "Prohibido el Acceso of Publico") shall appear prominently on the signs. ...04/- `\" 3. Letters on signs -for -all required statements shnlf..no_t'be !less than two inches in height. Signs shall be maintained and legible. (7)1, .ugh (8), No change (9)1The pH of the toil or the the biosolids soil mixture shall be 5.0 or greater at the time Class A or Class 13 biosolids are? applied. At a minimum; soiPpH testing shall be'done annually (10) A minimum unsatuiaied soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the.Class A or,Cl'ass B biosolidslore applied to the soil: The permittee can indicate the seasonal high ground water level for the application site in the Biosolids Sitc Permit Application, Forni 62-640.210(2)(d), by .650 of soil survey maps. If the seasonal high ground water level is wiiliin two feet of the depth of biosolids placement or cannot be determined at the time of permitting, the water table level shall be.deiemmined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water -table monitoring well or a piezometer. Biosolids shall not In applied on soils having a seasonal high ground water table less than 15 centimeters from the soil surface or within 15 centimeters of the intended depth of biosolids placemen. (11) through (12) No change. Rulrmuking Atah.o30 373.043, 403.03!, 403.06/. 403.062. 403.087, 403.008, 403.704, 403.707 FS. Lav Implemented 373.4593. 403.02!, 403.05/. 403.06/. 403.087, 403.088, 403.0881, 403,702, 403.704. 403.707. 403.704 FS. llislop.-New 8-11.90. Fanner!), (7.640.700. Amended 3- 30-98. 8-29-10. 62-640.750 Agricultural Sites. Page: 9 ®Author. ckellybe Subject: Highlight Dam 7/7/20194:49:51 PM Who is going to check to make sure this procedure is followed? gp Author. ckellybe Subject: Highlight Date: 7/7/2019 4:50:35 PM !thought they stated previously that all application sites had to be fenced. Author. ckellybe Subject: Highlight Date: 7/7/20194:57:21 PM 1 am not sure why this is important (pH great than 5.0). Some of the land which has had pine/palmetto on 0 might be in the 4.0 range and if they biosolid material is 11 or greater the lower pH would be relied to a more acceptable level for the plant. Might be something to ask about. 168 This page contains no comments RuIrvlaking Authority 403.051. 403.061. 403.062. 403.087. 403.088, 403.704. 403.707 FS. Lav Implemented 403.021, 403.031. 403.061, 403.087, 403.088. 403.0881, 403.702, 403.704. 403.707, 403.708 FS. Uisroty-Plew 3-30-98, Repealed 8-29-10. 62-640.800 Additional Requirements for Land Application at Redamallon Sites. (1) through (4) No change (5) Ground seater and 'Surface water monitoring shall be conducted' for reclamation sites as Provided in naregroohs 62- 640.650(3)(c) and (d). F.A.0 • ((j(34 In addition to the above requirements.'land reclamation projects at mining reclamation sites shall be in compliance with any other applicable Department rules concerning mining reclamation. Rulemaking Authority 373.043, 403.051, 403.061. 403.062, 403.087, 403.038, 403.704403.707 FS. Lam !mutanrnlcd 373.4595. 403.021, 403.051, 403.061, 403.087. 403.088. 403.0881. 403.702. 403.704. 403.707, 403.705 FS. flistor Now 8-12-90, Formerly 17-640.800, Arnrodcd 3- 30-98. 8-29-10. 62-640.850 Distribution and Marketing of Class AA Biosolids. The distribution and marketing of biosolids or biosolids products shall meet the requirements of this section and.lhis chapter. but are not required to meet subsections 62-640.300(2) and (3); Rule 62-640.500; poragraphs,,62-640.650(3)(6) through (d); 62- 610.650(4)(c) through 0); 62.640.650(5)(c) through (c): 62.640.650(6)(x), (b), (0, and (g)'subsections 62-640.700(1) through (4); 62-640,700(6) through (12); and Rule 62-640.800, F.A.C. \\\\ \\ (1) Distributed and marketed biosolids or biosolids products shall'meet the er quirements for Class AA biosolids as defined in subsection 62.640.200(10). F.A.C. \,./ 'NO(2) Distributed and 'marketed biosolids or biosolids products shall bedistributedand marketed as a fertilizer in accordance with 'Chapter 576, F.S., (XXXX)(2049), and Chapter 5E-7, F:A.C�'XX-XX-XXXs(1`]8 2010, both hereby adopted and incorporated by reference, or distributed andmarketedto a person 'o\ entity thatisill sell 'orgivaaway the biosolids or biosolids products as a fertilizer or as a component of a fertilizer subject to Chapter 576. F.S."`, nd Chapter 58.1. F.A.C. Copies of Chapter 576, F.S.. and Chapter 5E-1, F.A.C.. are available -from Ore Depvtment'of Environmental Protection, Domestic Wastewater Section, M.S. 3540. 2600 Blair Stone Road, Tailahotsce,,Flonda 32399-2400 or ony,of the'D`eparlmeni s District Offices. For the purposes of this chapter, biosolids composts dtat'are distributed and'marketed Outside .o`f the Lake Lake`Okretechobee, St. Lucie River, and Cnloosahatchee River watersheds, as defined in Seection373.4595. F.S., do nol`have be to distributed and marketed as a fertilizer if the biosolids compost product is enrolled.and certified wtderilie U;S: ComposiinggCouncil's (USCC) Seal of Testing Assurance (STA) program in e(fec( on 5-20-2016 hereby adopted and incorporated by referetice,"'A copy of the USCC STA program document is mailable from the Department of nv—tionmenlal Protection, Domestic -Wastewater Section, M.S. 3540, 2600 Blair Slone Road, Tallahassee, Florida 32399-14004r any of the Department's biirict Oil)cesT"- (3) Arty treatment facility which produces biosolids-in Florida that will be distributed and marketed or any person who delivers biosolids to Florida b•b\e distributed and ninarleted shall,submit the information listed in paragraph 62-640.850(3)(b). F.A.C.. to the Department. \\ '5 \ , (a) The information shall.be submined as follows: 1. Florida facilities shall snbnut1he information with the treatment facility permit application. The information shall be updated and re -submitted with each pemul renewal app(itation. 2. Persons shipping biosolids into Florida for distribution and marketing shall submit the information with the notification required by subsection 62-640.850(6), F1A:C. The information shall be updated and re -submitted every five years. (b) The information shall include: 1. The Florida fertilizer license number assigned in accordance with Florida's Commercial Fertilizer Law, Chapter 576, F.S., (2009), and'Chapter 50-1, F.A.C., -1-182010, both hereby adopted and incorporated' by reference, under which the biosolids or biosolidspioducis will be distributed.and marketed (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.0;. are available from the Department of Environmental Protection, Domestic Wnslewaer'Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or documentation showing proof of certification for biosolids composts enrolled in the USCC STA program in effect on 5-20.2010, hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee. Florida 32399-2400 or any of the Department's District Offices), • 169 This page contains no comments 2. The quantity and characteristics of the biosolids or biosolids products to he distributed and marketed annually, 3. A description of the planned distribution and marketing operations, methods, and procedures, 4. Procedures for Transportation, storage. and application for the biosolids or biosolids products by the facility or person shipping biosolids into Florida for distribution and marketing. 5. The label or infommtion sheet to be provided at the time of distribution and marketing of the biosolids in accordance with subsection 62-640.850(5), F.A.C., Chapter 576, F.S., )0089), and Chapter 5E-1, F.A.C., ,XX-XX-XXXXI 18 2010, both hereby adopted and incorporated by reference, as applicable (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department' of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or equivalent information for biosolid composts certified and enrolled in the USCC STA program in effect on 5-20.2010. hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section. M.S. 3540. 2600 Blair Stone Road, Tallahassee, Florida 32399.2400, or any of the Depnnment's District Offices), 6. Management procedures for ensuring biosolids meet Class AA requirements prior 10 distribution and marketing, including procedures for notifying persons who received biosolids that failed to meet Clasi AA requirements; and, 7. Contingency plans if the biosolids or biosolids products are not distributed or marketed as planned. (4) through (7) No change Rulrmoking Authority 373.043. 403.051. 403.061. 403.062. 403.087, 403.088, 403.704, 403.707 FS.; Implemented 373.4595, 403.021, 403.051. 403.061, 403.087. 403.088, 403.0881. 403.702, 403.704. 403.707'*,403.703 FS. IILs s.A'nv 8-12.90,"Fo,nmrls' 17-640.850 Amended 3. 30-90 8-29-10. 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities, The requirements of this section shall apply.tdany fail ry lha'ftreats biosolids from other facilities prior to use, land application, or disposal. These requirements also apply to septage inaihgement'facilities'ihel treat domestic septage and combinations' of food establishment sludges, wastes removed from portable toilets, and wastes retnored from holding tanks associated with boats, marina pumpout. or other onsite systems priorto tae, land appiicaiion'or disposal, V (1) No (a) Throughgh (i) (i) No change \[\ (i) Staffing: The level of operator stafne at a biosolids treatment facility• shall be as follows: _ —TYPE 1'-.\ \ / o` - TYPE 11. TYPE 111! A/AA•• • / Class A Operator i a.Cies§,B'0pemtor Class B Operator / / 8 hours/duy. \ \ ' t4 hours/day 2 hours/day \ \ 5 days/week \ \ cad—Vs/week 5 days/week B•` " y - Class A Operator\ \ \ Class B Operator Class C Operator \ ".2 hours/day 8 \ \ l 1 hour/day 1 hour/day r5 days/week 1 .1 5 days/week • ' 3 days/week B••• Class 'A Operator) •1 Class B Operator Class C Operator 1 hour/div, / 1 1 hour/day ' • • • 1 hour/week 5 days/tveekU / 3 dues/week 'Classification of Type of facility as determined by paragraph 62.640.880(2)(n), F.AC. "These letters correspond to the Class of pathogen reduction that is achieved by the biosolids treatment facility in accordance with subsection 62-40.600(1), F.A.C. ...This category is for Class 13 liquid alkaline stabili7ntion only. 1. The operator classification requirements shall be in accordance with Chapter 62.699, F.A.C. 2. Operator staffing requirernents for facilities addressed in paragraph 62-640.880(2)(d), F.A.C., shall be established as the more stringent of either the requirements in Chapter 62-699, F.A.C., or the requirements m paragraph 62-640.830(2)(j), F.A.C. septage management facilities with o permitted eottacity eotrivalent to 10 000 gallons per dav or less. the Class C onemtor eouirerments elven in pmnernuh 62.640.880(2)(i). F-A.C.. mar be substituted with a registered static tank contractor or master septic tank contractor 170 This.page contains no comments 3. In addition to the above stalling requirements. other personnel that are (mined in the treatment process and equipment being used. working under the direction of a certified operator, shall be present nt the biosolids treatment facility during loading and unloading operations and during other operating hours as recommended in the preliminary design report. 4. If justified by the complexity of the treatment process, the Department shall require a higher classification, more frequent visits, or more hours per day. Requests to alter or decrease staffing requirements shall be made through a minor permit revision trader Rule 62-6620.325, F.A.C., and shall be based. upon site-specific requirements, facility operation, risk to public health and the environment, and the presence of other trained personnel. (k) The biosolids treatment facility permittee shall be responsible for mating the facilities safe in terns of public health and safety at all times. and shall notify the Department and all affected panics. in writing, at least 60 days before ceasing operation in accordance with subsection 62-620.610(15). F.AC. (3) through (6) No change Rulemaking Authority 403.051. 403.061. 403.062, 403.087. 403.088, 403.704, 403.707 FS. Cam Implemented 403.021. 403.031. 403.061. 423.087. 403.088. 403.0881. 403.702. 403.704, 403.707. 403.708 FS. IlisinNem 3-30.9.0.4meenderY8-29-10. 171 Attachment 3 Review of FDEP Proposed Rule changes to FAC 62-640 Gary N. Roderick Environmental Consultant Ph: (772) 486-6043 roderickgary@gmail.com No - offense - but these changes aren't going to do a thing to reduce the nutrient issues to States waters - let me just give you 3 reasons why 1) This legislation does nothing for Class AA biosolids - (200,000 dry tons per year) - they are twice the volume of Class B biosolids (100,000 dry tons per year) and are exempt from regulation because they meet the definition of "fertilizer" which is not regulated because of State and Federal "Right to Farm Act" provisions. 2) All this language about TP is bogus - The majority of the Class B biosolids are going on pasture and according to what most Florida soils scientists understand - bahia pasture grass in Florida does not need any supplemental TP - end of story - see IFAS Document attached and other documented references such as this: Also a review of the P indices in the Nation which is the basis for the TP numbers referenced in the legislation - these indices are known to be inadequate - see the review of these methodologies attached and are not protecting agricultural surface waters from excesses in TP. 3) The rules allow biosolids to be applied based on either TN or TP - one or the other - but not both - when you review the methodologies within the FDEP approved nutrient management plans (NMP) and you are allowed to apply the biosolids based on TN - the application is contingent on Plant Available Nitrogen (PAN) which more times than not - is only around 40% - which means you are allowed to apply around 2.5 times the amount of TN needed for the crop - since there is something called the Nitrogen cycle over time that means you are importing 2.5 times the amount of actual TN needed which only adds to the legacy nitrogen in the soil - Finally when you are allowed to place 2.5 times the amount of TN - you are by default allowing 10 times the amount TP to be place on the soil which by most accounts doesn't need any TP (see #2 above) In summary all of this proposed language is - blah - blah - blah - and will do nothing to reduce the impact to surface waters - it all still boils down to nutrient imports vs nutrient exports - 82 % of the lakes in the State are impaired for. nutrients - this means if you were betting the ranch - if you pointed to any lake in the State - there is a good chance it is impaired for nutrients - so where is the best place in the State to be dumping biosolids - the amount of biosolids is increasing which means the imports vs exports is getting worse and legacy nutrients from biosolids within the State is increasing not decreasing. All any of this language does is allow methodologies to be "manipulated to appear" to offer protection - to pasture crops that don't need any TP - or apply TN at 2.5 times the amount needed because of the PAN - increasing the legacy N - and finally - massage the nutrients around in the State first contaminating 1 area then going to another area (example - Lake Okeechobee biosolids move to the St. Johns) 172 Look at it another way - look at all the language in the proposed legislation - what sentence does anything to reduce nutrient imports to the State of Florida from biosolids - not one - it is simply "word salad" and just pushing the problem around in the same square - This language will do nothing to increase protection just like the previous language adopted in 2010 did nothing - things continue to get worse - we just keep spinning the language like a rotisserie chicken - kind regards - roderick Again no offense - but - you can't do anything to the words to address the proposal - it's like having 10 gold fish in a bowl and you know - that you have 9 more fish than the bowl should have - you can write every sentence you want - but there is really only one solution - you have to start getting rid of some fish.... The bottom line on nutrients is imports versus exports - generally in Florida we are exceeding imports vs exports by 3 vs 1 for TN and 2 vs 1 for TP Implementing the voluntary agricultural BMP program since 1998 has resulted in a reduction of manufactured TN by 22% and TP by 33% - you are not going to get too much more out of the agricultural BMP effort which by the way is also protected under the State and Federal "Right to Farm Acts" Biosolid imports continue to increase: You could propose any new language and it would mean nothing...and would not mean a thing any more than if I proposed a sentence that said - "Tulips are fruitless, and ding dong Billy Bong"...it would not change a thing.. What is the solution - Everyone should be going "ape shit" on our State agencies and elected officials and demanding action and proposed funding for alternative technologies for biosolids other than using our rural lands as human waste disposal sites... The first time an alternative project is proposed and funded - immediately - the nutrient impacts will begin to be reduced - immediately.... You can't propose any words - what did St. Johns try to do in the last legislative session - they tried to get what the Lake Okeechobee Protection Plan got - which just tries to send the problem somewhere else - and it didn't pass...would have just push the problem somewhere else in the same square.. And let me give you the bottom line - let's say - you were to come up with legislative language that was restrictive enough to keep Class B biosolids from being land applied - you know what the industry would do - they would just convert the remaining Class B biosolids into Class AA biosolids - which then would become totally unregulated - and then all of the biosolids in the State would be dumped on the agricultural lands totally unregulated - gosh - we sure solved that problem...and...they could drag this fight out for 20 years...like Henderson Act after Henderson Act... There isn't enough lipstick to turn this pig into anything else - what needs to happen is total "ape shit" focus on alternatives to land application of biosolids - everyone needs to "raise hell" every time the nutrient forum is discussed - where was the rage in the last legislative session - what are you going to do 173 in 3 months when planning for the next legislative session begins.... That is where the focus should be - continuing to "beat this dead horse" is not going to amount to very much more Here is my advice - all you can propose is language that will push the problem around and maybe you can push the problem farther away from you - great go ahead and try - but - when you have the agencies or the elected officials in the room or you are proposing any "new language" - you need to get out the can of "whoop ass" - and demand answers to why isn't this being prioritized and promoted by the State and why alternatives to land application of biosolids are not being seriously considered - proposed or resources set aside for supplemental funding — Roderick I read every underlined sentence proposed - I did not see a single sentence that would decrease nutrient impacts to surface waters or that could not offer "wiggle room" for the applicant or his representative. First if you do a word search and look for words such as: "description" - "discussion" - "unless" - "permittee shall ensure" - "reasonable assurance" - "may be adjusted" Every time these words are used - they afford opportunity for applicant or the applicants professional - to offer opinion and subjective interpretation...this will inevitably be for the applicants benefit to receive more nutrients from biosolids and will not benefit the surface waters of Florida.. Now read the first sentence of the document I have attached - which is from: 62-640.100 Scope, Intent, Purpose, and Applicability. (a) It is the intent of the Department in this chapter to regulate the management, use, and land application of biosolids so as to ensure protection of the environment and public health,including minimizing the migration of nutrients, nitrogen and phosphorous that impair or contribute to the impairment of waterbodies. OK - again - fair enough I'll buy in on that - sounds great - But where I really went into a "coma" is when I got to the section where you are reading the proposed changes for TP and TN...again see my highlighted document attached.. Look at everything after this statement that applies to TP and TN in the highlighted document attached - every TP highlighted reference is how you can increase the land application of P from biosolids... And the last reference to TN states that if the NMP is based on TN rather than TP (which usually happens) then the plant available nitrogen (PAN) which is normally around 40% and EPA guidelines would normally allow around 2.5 times the amount of TN from biosolids - or - the proposed language also allows an alternative FDEP methodology that reduces the allowable TN from 2.5 times to 1.5 times - but it still results in excess TN that is sacrificed to the nitrogen cycle for legacy N to accumulate in the soil - and really "jacks up" the amount of allowable TP (see third graphic below) - usually the amount of TP needed for crops (if needed at all) would be maybe 18 pounds per acre (P2O5 is only 40% P) - and you can still use the EPA PAN methodology - the example below allows 193 pounds per acre TP from biosolids (P2O5 - 446 pounds per acre) 174 When I say the, NMP is usually based on TN rather than TP that is because most soils in Florida can meet the P index value for low or medium potential for P movement from the site - notice also the reference in High potential that reads "as P management practices are necessary (if practical)" anyone want to tell me what (if practical) means.. 175 P -Index Interpretation The P -Index value determines whether the nutrient management (Le., application rate) will be based N or P P Index Value Generalized Interpretation of P Index for Site <75 Low Potential for P movement from site. If farming practices are maintained at the current level there is a low probability of an adverse impact to surface waters from P losses at this site. Nitrogen -based nutrient management planning is satisfactory for this site. Soil P levels and P loss potential may increase in the future due to N -based nutrient management. 75 -150 Medium potential for P movement from this site. The chance for an adverse impact to surface water exists. Nitrogen -based nutrient management planning is satisfactory for this site when conservation measures are taken to lessen the probability of P Toss. Soil P levels and P loss potential may increase in the future due to N -based nutrient management. 151- 225 High potential for P movement from the site and for an adverse impact on surface waters unless remedial action is taken. Soil and water conservation as well as P management practices are necessary (if practical) to reduce the risk of P movement and water quality degradation. If risk cannot be reduced then a P -based management budget based on crop P requirement will be utilized. > 225 Very High potential for P movement from the site and for an adverse impact on surface waters. Remedial action is required to reduce the risk of P movement. All necessary soil and water conservation practices, plus a P -based management plan must be put in place to avoid the potential for water quality degradation. The P -based management plan will be based on less than crop P requirement to reduce P over a defined period (not to exceed 20 yeaa$ 21 11.4% •_ cc: ccs L � v C., CQ Cl= d7 1013 O Q7 L7 :•Q CC' 03 104, I- O. C — L •11•10 0=0 03 = - = 03 :.3 a-+ CCI COD .� •E•.r COI COI O_ .fl CC CLD CCP O ina Ca = = -a ea 0 'O Co" CID 0 C/! CO) 03 v O L L CCI GICC O 1.1.1 C L co 03 L •ice O Ca •� V First year PAN = NO3-N + Kvoi(NH4-N) + Km;n(Org-N) Ca N O = L .O O CD CLQ •..... O CO h V = •e = = •= O y •1 V y = i C. C co 03 � L = ) gimp . C445 L = H O O O O COD • C.3 L _� O C� CC ._ '— h 03 = "O aa L • co, = O O T �, L : H 4 O •+ .i..r CO =1 Ca No... CSC CID Ca = a •y W CD :- CV4CC1 O L = C4) G 4_„ `� O en CID CD CD O =+ E ;l— a— 03 Ou� C CA C. O = • O - L = CCD ea � •.= .3 0 co = •L C1%. etACC= : o •� O ea)`o aD = o. ••••c CC; GO.D =O '- r 03 .= v co O O O Q en Z CC y cc O CLD O Q ea .=O L co03 cn •= ._ = 1... 0.1 = • 0 Cel Ca CO) CLD CZ = limn L O CC CO/P CC CCea OO = "."-"*.= VI 03 O •M'O ml.= c.,r=- =,....,03 .o ea w C 1 = = CID O .= .c„ = •a ._ I--� C3 = O CID L CLD CID - = O v. _. 03 O = bA en CID CCC = 71.% = O L 4-•L O O CQ = • HC1 ccs •O = f+ cc • • • 0.1 = • e.., Q COI CLD O • N Imo Ia a: •E O CO, O O v ea ea 03 Ca O Ca 1 ea O as Ina .y ei C/J O 03 L • • EPA Calculations Zone ID 19A Nutrient Information Based on NMP Year Crop(s) to be grown on the application zone Basis for Nutrient Budget (N or P) Crop Demand N (!PAN) from All Sources (Ibs/ac) Crop Demand P205 from AU Sources (Ibs/ac) Maximum Allowed PAN from Biosolids (lbs/ac) Maximum Allowed P2O5 from Biosolids (Ibs/ac) Maximum Allowed TN from Biosolids (lbs/ac) Maximum Allowed TP from Biosolids (Ibs/ac) 1 bahiagrass N 160 40 160 445.9 429.0 193.9 2 bahiagrass N 160 40 160 363.0 349.3 157.8 3 bahiagrass N 160 40 160 340.9 327.9 148.2 4 bahiagrass N 160 40 160 330.4 317.8 143.6 5 bahiagrass N 160 40 160 338.2 325.4 147.0 Zone ID 19B Nutrient Information Based on NMP Year Crop(s) to be grown on the application zone Basis for Nutrient Budget (N or P) Crop Demand N (PAN) from All Sources (lbs/ac) Crop Demand P2O5 from All Sources (lbs/ac) Maximum Allowed PAN from Biosolids (lbs/ac) Maximum Allowed P2O5 from Biosolids (lbs/ac) Maximum Allowed TN from Biosolids (Ibs/ac) Maximum Allowed TP from Biosolids (lbs/ac) 1 bahiagrass N 160 40 144 445.9 429.0 193.9 2 bahiagrass N 160 40 160 363.0 349.3 157.8 3 bahiagrass N 160 40 160 340.9 327.9 17148.2 4 bahiagrass N 160 40 160 330.4 317.8 143.6 Proposed Changes to FAC 62-640 including minimizing the migration of nutrients, nitrogen and phosphorous that impair or contribute to the impairment of waterbodies. The application rate shall be based on the more limiting nutrient, nitrogen or phosphorus, unless the applicant can provide reasonable assurance that applying at a higher rate is protective of water quality. An additional 20 lbs of P2O5 may be applied per acre after each cutting of hay if the soil tests low or medium for phosphorus. 7. The crop nutrient needs for phosphorus may be adjusted as given in a. — b. below, based on the soil phosphorus storage capacity index and the biosolids percent water extractable phosphorus when determining biosolids application rates. a. When the percent water extractable phosphorus of biosolids is less than 14%, one of the following may be used: (I) When the soil phosphorus storage capacity index for an application zone is greater than 40 mg/kg, the percent water extractable phosphorus value for the biosolids being applied may be used to adjust the amount of phosphorus applied. (II) When the soil phosphorus storage capacity index is at least 20 and up to 40, the amount of phosphorus may be doubled to adjust the amount of phosphorus applied. (III) When soil phosphorus storage capacity index is greater than 0 but less than 20, the amount of phosphorus may be increased by 50 percent to adjust the amount of phosphorus applied. (IV) When the soil phosphorus capacity index is less than 0, the amount of phosphorus shall not be adjusted. b. When the percent water extractable phosphorus of biosolids is 14% or greater, the amount of phosphorus shall not be adjusted unless the soil phosphorus storage capacity index is greater than 40, in which case the amount of phosphorus may be increased by 50 percent. 8. When considering the availability of nitrogen in biosolids, once the amount of plant available nitrogen to be supplied by biosolids has been determined (i.e. the crop nitrogen demand has been adjusted to take other sources of nitrogen into account), this 179 amount may be multiplied by a factor of 1.5 (i.e. a 50 percent increase) to determine the amount of total nitrogen that may be supplied by biosolids Fertilizers make modern agriculture possible on Florida's nutrient -poor sandy soils. Today's best management practices ensure that no more fertilizer is applied than needed. However, between the late 1940s -1980s, use of fertilizers created a phosphorus problem in our soils still affecting our water quality today. Dr. Hilary Swain, Archbold's Executive Director, explains, "A study from 1998-2003 at Archbold's Buck Island Ranch foundpastures not fertilized with phosphorus since 1986 still had 5-7 times the amount of phosphorus in drainage ditches compared to unfertilized pasturesfA US Geological Survey study showed y85% of_phosphorus leaving pastures came from past fertilizer use, and is not 'naturally occurring' phosphorus in the soils. The fertilizer -phosphorus still remaining in soils is known as 'legacy phosphorus'." There are Targe amounts of legacy phosphorus within the soils and waters of the Headwaters of the Everglades from Orlando to Lake Okeechobee. Many native plants evolved under low phosphorus conditions and are outcompeted by other plants, including non -natives, that can uptake excess phosphorus. In collaboration with the South Florida Water Management District, Archbold is. experimenting with pumping water from Harney Pond Canal into an abandoned orange grove field at Buck Island Ranch to grow a winter forage grass for cattle. Last year, we harvested 1.5 million pounds of forage grass containing almost 3,800 pounds of phosphorus from the 180 -acre field. This harvest also reduces the amount of supplementary feed we bring into the ranch. Still in the early stages of assessing the land phosphorus budget, we are learning best management practices to remove legacy phosphorus from off-site water. https://www.facebook.com/ArchboldBiologica (Station/photos/a.142447469127252/231847156152482 1/?tvp Another piece of evidence on the problem of class AA biosolids. If used on pasture, the P problem will continue for years. Most of the article is quite true - However the comment: " Today's best management practices ensure that no more fertilizer is applied than needed. Is a bit troubling and the agricultural industry is totally convinced that the statement is true - say it enough times and the people will start to believe.. 180 CHAPTER 62-640 BIOSOLIDS 62-640.100 Scope, Intent, Purpose, and Applicability 62-640.200 Definitions 62-640.210 General Technical Guidance and Forms 62-640.300 General Requirements 62-640.400 Prohibitions 62-640.500 Nutrient Management Plan (NMP) 62-640.600 Pathogen Reduction and Vector Attraction Reduction 62-640.650 Monitoring, Record Keeping, Reporting, and Notification 62-640.700 Requirements for Land Application of Class AA, A, and B Biosolids 62-640.750 Agricultural Sites (Repealed) 62-640.800 Additional Requirements for Land Application at Reclamation Sites 62-640.850 Distribution and Marketing of — Class AA Biosolids 62-640.860 Other Solids 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities 62-640.100 Scope, Intent, Purpose, and Applicability. (1) All domestic wastewater treatment facilities which use biological treatment processes generate biosolids as a by-product of the treatment process. The Department finds that unregulated use, disposal, or land application of biosolids poses a threat to the environment and public health. (a) It is the intent of the Department in this chapter to regulate the management, use, and land application of biosolids so as to ensure protection of the environment and public health,including minimizing the migration of nutrients, nitrogen and phosphrous that impair or contributeto the impairment of waterbodies. (b) The Department encourages the highest levels of treatment, quality, and use for biosolids. (c) The Department further encourages the beneficial use of biosolids in a manner which will foster public acceptance, as well as innovative and alternative uses for biosolids such as bioenergy-related uses. (2) through (4) No change (5) Applicability. (a) Requirements in this chapter shall apply to domestic wastewater treatment facilities and biosolids management facilities that generate, treat, or manage biosolids. (b) Requirements in this chapter shall also apply to appliers or distributors of biosolids or biosolids products, and to owners or operators of application sites which receive biosolids. (c) Unless specifically. provided otherwise in this chapter, requirements in this chapter shall apply to all septage management facilities that -•. _ •. • e,! ! ! .. : • : -r day monthly average daily flow or more than 20,000 apply septage to agricultural sites or reclamation sites. Requirements in this chapter shall also apply to appliers of septage, and to operators or owners of an agricultural site or reclamation site which receive septage from facilities permitted under this chapter. (d) Unless specifically provided otherwise in this chapter, requirements in this chapter that apply to biosolids shall also apply to septage from facilities regulated by the Department; to products derived from such septage, biosolids, or combinations thereof; and to the products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department. (e) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to composting facilities, as defined by this chapter, which use yard trash, wood chips, or similar bulking agents, and apply the resulting compost to land or distribute and market the resulting compost. (f) Facilities and biosolids application sites which have submitted a complete wastewater or biosolids site permit application or which have received an initial permit before August 29, 2010(effective date of the rule), are considered to be existing facilities and existing sites and shall meet the requirements of this chapter in accordance with paragraphs (g) and (h), below. 181 (g) Unless specifically provided otherwise in this chapter, existing facilities in Florida shall comply with the requirements of this chapter at the time of renewal of the wastewater permit. To facilitate the transition to land requirements included in Rules 62 610.300, 62 610.500, 62 610.650, 62 610.700, F.A.C., by no later than January 1, Department of Environmental Protection, Domestic Wastewater Section, M.S. 3510, 2600 Blair Stone Road, Tallahassee, Florida 32399 2100, or any of the Department's District Offices. (h) Existing biosolids application sites, whether permitted individually or under a facility permit in accordance with subparagraph 62-640.300(3)(a)2, shall meet the requirements of this chapter at the time of renewal of the biosolids application site permit or facility permit, but no later than within three years of (effective date of the rule). .. .. - permitted application sites. facility it, j)() Biosolids or biosolids products which are generated outside of Florida but imported to Florida are subject to the provisions of this chapter beginning f effective date of the rule)August 29, 2010. WOE) k Requirements in this chapter do not apply to the treatment, management, or disposal of industrial sludges, septage, or residuals resulting from industrial wastewater treatment except as provided for in paragraphs 62- 640.100(6)(f) and 62-640.880(2)(c), F.A.C. (6) Other Applicable Rules. (a) Biosolids land application within areas of the state where basin management action plans (BMAPs) have been adopted in accordance with Sections 403.067(7), and 373.807, F.S., shall be in accordance with the applicable BMAPs. accordance with Chapter 61E 6, F.A.C. cd by these facilities is also regulated by the Department of Health in (b) through (h) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.100, Amended 3-30-98, 8-29-10. 62-640.200 Definitions. Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department. (1) through (15) No change (16) "Distribution and Marketing" is the giveaway or sale of biosolids meeting the criteria of Rule 62-640.850, F.A.C., or a product derived from such biosolids, either packaged or in bulk form, to another person by the owners or operators of treatment works or by a person who receives biosolids or biosolids products from treatment works. (17) "Dry weight basis" means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content). _ ... roved for land application or land reclamation in a wastewater 2010. (19) through (24) renumbered (18) through (23) No change (24)(25) "Incorporation" means the mixing of biosolids with topsoil by such means as discing, plowing, tilling, 182 or equivalent means to reduce exposure to the biosolids. To meet the requirements for vector attraction reduction in accordance with Rule 62-640.600xxxx, incorporation shall be to a depth of at least four inches. (26) through (40) renumbered (25) through (39) No change (40) "Seasonal high water table" means (41) "Septage" means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. (42) "Septage management facility" means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. 6/10.100(5)(c), F.A.C. (43) through (51) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.200, Amended 3-30-98, 8-29-10. 62-640.210 General Technical Guidance and Forms. (1) Unless specifically referenced elsewhere in this chapter, the following publications are listed for informational purposes as technical guidance to assist facilities, appliers, distributors and marketers, site managers, and site owners in meeting the requirements of this chapter. Publications or portions of publications containing enforceable criteria are specifically referenced elsewhere in this chapter. Information in the publications listed below does not supersede the specific requirements of this chapter. Members of the public may request and obtain copies of the publications listed below by contacting the appropriate publisher at the address indicated. Copies of the publications are on file and available for review during normal business hours at the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 and in the Department's district and branch offices. (a) U.S. Environmental Protection Agency, 1995, Process Design Manual for Land Application of Sewage Sludge and Domestic Septage, EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov. (b) Title 40, Code of Federal Regulations, Protection of Environment, 1993, Part 503, "Standards for the Use and Disposal of Sewage Sludge," revised as of October 22, 2015April 9, 2007 and effective on December 15, 2015Apfi1 25, 2007, www.gpoaccess.gov/cfr/index.html. (c) through (k) No change (1) USDA Natural Resources Conservation Service, XXXX4999, "General Manual, Title 190, Part 402 —Nutrient Management," USDA-NRCS, Washington, DC, www.nres.usda.gov/technical. (m) USDA Natural Resources Conservation Service — Florida, 20122007, "Field Office Technical Guide — Nutrient Management, Code 590", USDA-NRCS-FL, Gainesville, Florida, www.fl.nrcs.usda.gov/technical. (n) USDA Natural Resources Conservation Service — Florida, XXXX200'I, "Field Office Technical Guide — Waste Utilization, Code 633," USDA-NRCS-FL, Gainesville, Florida, www.fl.nres.usda.gov/technical. (o) Kidder, G. and R.D. Rhue, 2003, "Soil Testing," UF/IFAS Circular 239, http://edis.ifas.ufl.edu/SS156. (p) Mylavarapu, R.S. and E.D. Kennelley, XXXX2009, "Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual," OF/IFAS Circular 1248, http://edis.ifas.ufl.edu/SS312. (2) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.210, Amended 3-30-98, 8-29-10. 62-640.300 General Requirements. 183 (1) through (2) No change (3) Biosolids Application Site Permit. (a) through (c) No change (d) All biosolids application site permit applications shall be considered projects of heightened public interest in accordance with subparagraph 62-110(7)(a)1., F.A.C. (d) through (e) renumbered (e) through (f) No change (4) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.300, Amended 3-30-98, 8-29-10. 62-640.500 Nutrient Management Plan (NMP). (1) A site-specific NMP shall be submitted to the Department with the permit application for an agricultural site. For sites enrolled and participating in a Florida Department of Agriculture and Consumer Services (FDACS) Best Management Practices (BMP) program, a conservation plan or NMP prepared for the purposes of the BMP can be submitted as the site-specific NMP if the plan meets the NMP requirements given in subsections (4) through (8), below. (2) USDA-NRCS-Florida Field Office Technical Guide — Nutrient Management, Code 590, November 2012September 2007, listed in paragraph 62-640.210(1)(m), F.A.C., is available to provide technical guidance in the preparation of NMPs from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. (3) The NMP shall be prepared and signed by a person certified by the NRCS for nutrient management planning or prepared, signed and sealed by a professional engineer licensed in the State of Florida. (4) The NMP shall identify each application zone to be used at the site as identified in the Biosolids Site Permit Application, Form 62-640.210(2)(d). Application zones shall be sized to facilitate accurate accounting of nutrient and pollutant loadings and shall be in accordance with Rule 62-640.700, F.A.C., as applicable for the class(es) of biosolids that will be applied to the site. (5) The NMP shall meet the requirements of this chapter and shall: (a) Include aerial site photograph(s)/imagery or site map(s), and a soil survey map of the site; (b) Include guidance for NMP implementation, site operation, maintenance, and recordkeeping; (c) Include a description of how the NMP complies with any applicable basin management action plans (BMAPs) adopted under Sections 403.067(7), and 373.807, F.S. (d)(e) Include results of soil, water, compost, manure, organice by-product, plant tissue, and biosolids analyses, as applicable. The soil fertility testing used to develop the NMP shall be less than one year old; )e)(4) Specifyldentify the frequency interval for soil fertility testing. The interval shall be at least once annuallycvcry five y ars with consideration for more frequent testing if incr ascs in soil phosphorus levels are expected; (f) Include a discussion of the risk associated with phosphorus accumulation and a proposed phosphorus draw- down strategy if the soil phosphorus levels are increasing on any application zones at the site, (g) Include a discussion demonstrating that biosolids application at the site presents low risk for phosphorus transport from the site from leaching and runoff pathways; (h) Location of designated sensitive areas and the associated nutrient application restrictions and setbacks; (i) Establish specific rates of application of biosolids based on nitrogen and phosphorus as well as procedures to land apply biosolids and all other nutrient sources to each application zone. The NMP shall address application rates for the period covered by the effective and expiration dates of the biosolids site permit, at a minimum. The application rate shall be based on the more limiting nutrient, nitrogen or phosphorus, unless the applicant can provide reasonable assurance that applying at a higher rate is protective of water quality. As part of establishing the application rates, the NMP shall include the following items. 1. The NMP shall identify the recommended crop nutrient needs for nitrogen and phosphorus (i.e. crop nutrient 184 demand) for the crops to be grown on each application zone based on IFAS recommendations or using the following values as a guide, Crop Forage Crops (per active growing season) Improved perennial grasses grazed hay or silage (assuming 4 harvests) Cool season annual grasses (e.g., grazed small grains, ryegrass, fescue) Warm season annual grasses (e.g., sorghum-sudan hybrid or pearl millet) grazed 160 hay or silage (4 harvests) * - An additional 20 lbs of P2O5 may be applied per acre after each cutting of hay if the Nitrogen Phosphorus (P2O5) 160 XX 320 XX* 160 XX XX 320 XX* soil tests low or medium for phosphorus. 2. The NMP shall identify the current and planned plant production sequence or crop rotation for each application zone for the period of the biosolids site permit, at a minimum. 3. The NMP shall include realistic annual yield goals for each crop identified for each application zone. 4. The NMP shall include the soil phosphorus storage capacity index and soil phosphorus results from the most recent soil fertility testing for each application zone. 5. The NMP shall include a listing and quantification of all nutrient sources for each application zone, including any enhanced effeciency fertilizer products, if any. 6. The NMP shall include the percent water extractable phosphorus of each biosolids source (permittees may use a weighted average or estimated weighted average), 7. The crop nutrient needs for phosphorus may be adjusted as given in a. — b. below, based on the soil phosphorus storage capcity index and the biosolids percent water extractable phosphorus when determining biosolids application rates. a. When the percent water extractable phophorus of biosolids is less than 14%, one of the following may be used: (I) When the soil phosphorus storage capacity index for an application zone is greater than 40 mg/kg, the percent water extractable phosphorus value for the biosolids being applied may be used to adjust the amount of phosphorus applied. (II) When the soil phosphorus storage capacity index is at least 20 and up to 40, the amount of phosphors may be doubled to adjust the amount of phosphors applied. (III) When soil phosphorus storage capacity index is greater than 0 but less than 20, the amount of phosphorus may be increased by 50 percent to adjust the amount of phosphors applied. (IV) When the soil phosphorus capacity index is less than 0, the amount of phosphors shall not be adjusted. b. When the percent water extractable phosphorus of biosolids is 14% or greater, the amount of phosphors shall not be adjusted unless the the soil phosphorus storage capacity index is greater than 40, in which case the amount of phosphorus may be increased by 50 percent. 8. When considering the availability of nitrogen in biosolids, once the amount of plant available nitrogen to be supplied by biosolids has been determined (i.e. the crop nitrogen demand has been adjusted to take other sources of nitrogen into account), this amount may be multiplied by a factor of 1.5 (i.e. a 50 percent increase) to determine the amount of total nitrogen that may be supplied by biosolids 9. The calcium carbonate equivalency of any alkaline -treated biosolids and recommended lime application rates for each application zone, 10. Septage application rates for application zones with only septage application shall be no more than 40,000 gallons per acre per year for septage not containing food establishment sludge or no more than 30,000 gallons per acre per year if the septage includes food establishement sludge. Septage application rates for application zones with only septage application when the soil phosphours storage capacity index is less than 0 shall be no more than 12,000 gallons 185 per acre per year. 11. The method of land application for each application zone; and, 12. The methodology and calculations used to determine the application rates for each application zone. (e) Establish specific rates of application and procedures to land apply biosolids and all other nutrient sources to part of establishing the application rates, the NMP shall include: 1. A specific assessment of the potential for phosphorus movement from each application zone, 2. A listing and quantification of all nutrient sources for each application zone, 3. The availability of the nitrogen in the biosolids being applied, any nitrogen available from biosolids applications in previous years, and any nitrogen available in subsequent years covering the minimum five year period of the NMP 4. The current and planned plant production sequence or crop rotation for each application zone for the next five years, ata minimum, 5. Realistic annual yield goals for each crop identified for each applicatien zene, on each application zone, 7. The calcium carbonate equivalency of any alkaline treated biosolids and recommended lime application rates for each application zone, -8. The method of land application for each application zone; and, 9. The methodology and calculations used to determine the application rates for each application zone. (a) The nitrogen calculation methods found in Chapter 7 of the U.S. Environmental Protection Agency Process incorporated by reference. All calculations and values used in the calculations shall be fully documented and submitted with the NMP. These values shall include a complete nitrogen analysis (i.e. organic nitrogen (Org N), ammonium (N144 N), and nitrate (NO4 N)) for all facilities that will use the site, or Manual • for Land Application of Sewage Sludge -and Domestic Scptagc, once the amount of adjusted to take other sources of nitrogen into account), this amount may be multiplied by a factor of 1.5 (i.e. a 50 percent increase) to determine the amount of total nitrogen that may be supplied by biosolids. (7) through (8) renumbered (6) through (7) No change (8) The NMP for apermitted biosolids land application site shall be reviewed annually and any revisions shall be provided to the Department. Revisions not requiring a minor permit revision in accordance with paragraph 62- 640.300(3)(b), F.A.C., shall be provided to the Department with the site annual summary submitted in accordance with paragraph 62-640.650(5)(d), F.A.C., or earlier. Any revisions involving nutrient calculations shall be completed by a certified nutrient management planner or by a professional engineer licensed in the State of Florida. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.500, Amended 3-30-98, 8-29-10. 62-640.600 Pathogen Reduction and Vector Attraction Reduction. All biosolids applied to the land or distributed and marketed shall be treated with a treatment process designed to reduce pathogens and achieve vector attraction reduction in accordance with the requirements of this section. The Department hereby adopts and incorporates by reference the pathogen and vector attraction reduction requirements of 40 C.F.R. 503.32 and 503.33, revised as of October 22, 2015April 9, 2007, and effective on December 15, 2015April 25, 2007, except for the site restrictions in 40 C.F.R. 503.32(b)(5), the septage requirements in 40 C.F.R. 503.32(c), and the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(11) and 503.33(b)(12). (1) Pathogen Reduction Requirements. (a) Class AA and Class A Biosolids. Class AA and Class A biosolids shall meet one of the pathogen reduction 186 requirements described in 40 C.F.R. 503.32(a)(3), (4), (5), (7), and (8). For treatment processes permitted under 40 C.F.R. 503.32(a)(5), a permittee shall not implement the provisions of 40 C.F.R. 503.32(a)(5)(ii)(D) and 503.32(a)(5)(iii)(D) until: 1. The permittee demonstrates to the Department, based on monitoring data from the facility, that the documented pathogen treatment process operating parameters reduce enteric viruses and viable helminth ova to levels below the limits specified in 40 C.F.R. 503.32(a)(5); and, 2. The permit is revised to specifically allow the permittee to implement 40 C.F.R. 503.32(a)(5)(ii)(D) and 503.32 (a)(5)(iii)(D). (b) Class B Biosolids. Class B Biosolids shall meet one of the pathogen reduction requirements described in 40 C.F.R. 503.32(b). (c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolids or food establishment sludge, shall satisfy Class B pathogen reduction requirements if sufficient lime is added to produce a pH of 12 for a minimum of two hours, or a pH of 12.5 for a minimum of 30 minutes. Processes and design shall be in accordance with the guidance for lime stabilization of septage in Chapter 6, Process Design Manual for Sludge Treatment and Disposal, which the Department adopts and incorporates by reference. The pH shall be maintained at or above 11 until land application, but shall be less than 12.5 at the time of land application. Materials treated in accordance with this provision shall be managed as Class B biosolids. (2) Vector Attraction Reduction Requirements. (a) All Class A and Class B biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) through (10). (b) Class AA biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) through (8). (c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolidsor food establishment sludge satisfy vector attraction reduction requirements if the Class B pathogen reduction requirements of paragraph 62-640.600(1)(c), F.A.C. are met. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.600, Amended 3-30-98, 8-29-10. 62-640.650 Monitoring, Record Keeping, Reporting, and Notification. (1) through (2) No change (3) Monitoring Requirements. (a) Biosolids Monitoring. 1. Biosolids sampling and analysis to monitor for the pathogen and vector attraction reduction requirements of Rule 62-640.600, F.A.C., and the parameters in subparagraph 62-640.650(3)(a)3., F.A.C., shall be conducted by the treatment facility in accordance with 40 C.F.R. 503.8, and the POTW Sludge Sampling and Analysis Guidance Document, August 1989, which the Department adopts and incorporates by reference. This document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices. In cases where disagreements exist between 40 C.F.R. 503.8 and the POTW Sludge Sampling and Analysis Guidance Document, the requirements in 40 C.F.R. 503.8 will apply. Monitoring for water extractable phosphorus shall follow , Pennsylvania State University, which the Department adopts and incorporates by reference. 2. Permit applications for all treatment facilities that land apply or distribute and market biosolids shall identify the monitoring that will be conducted for all microbial and all operational and process parameters necessary to demonstrate compliance with the pathogen reduction and vector attraction reduction requirements of Rule 62-640.600, F.A.C. All operational and process parameters, such as time and temperature, number of windrow turnings, pH readings, etc., shall be monitored on a continual basis as applicable to the treatment process to demonstrate compliance with Rule 62-640.600, F.A.C. 3. All treatment facilities that land apply or distribute and market biosolids shall analyze biosolids for the 187 following parameters, except as provided in paragraph 62-640.880(5)(a), F.A.C.: Total Nitrogen % dry weight basis Total Phosphorus % dry weight basis Total Potassium % dry weight basis Water Extractable Phosphorus % dry weight basis Arsenic mg/kg dry weight basis Cadmium mg/kg dry weight basis Copper mg/kg dry weight basis Lead mg/kg dry weight basis Mercury mg/kg dry weight basis Molybdenum mg/kg dry weight basis Nickel mg/kg dry weight basis Selenium mg/kg dry weight basis Zinc mg/kg dry weight basis pH standard units Total Solids % Calcium Carbonate Equivalent* % dry weight basis *Only required for biosolids treated by alkaline addition 4. through 6. No change 7. Monthly averages of parameter concentrations shall be determined by taking the arithmetic mean of all sample results for the month. (b) Soil Monitoring. 1. The site permittee shall ensure soil fertility testing is conducted in accordance with the NMP. The soil fertility testing and results shall be equivalent to the "Phosphorus Index Test" as conducted by the University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) Extension Soil Testing Laboratory. Soil testing shall follow the procedures in the IFAS publications "Soil Testing," UF/IFAS Circular 239, September 2003, identified in paragraph 62-640.210(1)(o), F.A.C., and "Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual," OF/IFAS Circular 1248, February 2009, identified in paragraph 62-640.210(1)(p), F.A.C., which are hereby incorporated by reference. These documents are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. Results of soil fertility tests shall be included in the application site records. 2. Representative soil monitoring for parameters in subsection 62-640.700(5), F.A.C., shall be conducted at application sites for each application zone prior to application site permitting, except for sites only permitted for Class AA biosolids. At a minimum, one soil sample shall be taken for each application zone or for every 50 acres of application area, whichever is smaller. Each sample shall be a composite of at least ten random samples to a depth of six inches and shall be completely mixed to form a minimum one -pound sample. Sampling and analysis shall be in accordance with 40 C.F.R. 503.8(4), which is hereby incorporated by reference. Results of initial soil monitoring shall be reported on the Biosolids Site Permit Application, Form 62-640.210(2)(d). (c) Ground Water Monitoring. 1. A ground water monitoring program shall be established by the site permittee, and approved by the Department for land application sites when the application rate in the NMP exceeds more than 100100 lbs/acre/year of plant available nitrogen or more than XX lbs/acre/year of total P2O5. When the application rates are below these amounts, the permittee shall allow the Department to install ground water monitoring wells at any time during the effective period of the Department -issued facility or land application site permit and conduct monitoring. 2. through 5. No change (d) Surface Water Monitoring 1. The site permittee shall ensure surface water monitoring for total phosphorus, total nitrogen, and fecal coliform bacteria is conducted for sites when an application site is bordered or crossed by waters of the state and the application zone is located within 1000 feet of waters of the state, excluding wetlands. 188 2. If the receiving water is a stream or canal, the surface water monitoring shall be conducted on a quarterly basis at points 500 feet upstream and 500 feet downstream from where runoff from the application site enters state waters. If the receiving water is a lake, estuary, or coastal water, the surface water monitoring shall be conducted on a quarterly basis 500 feet downstream from where runoff enters the water body and at an approved background monitoring point. Le,){43 Any laboratory tests required by this chapter shall be performed by a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C. Sample collection required by this chapter shall be performed in accordance with paragraph 62-620.610(18)(e), F.A.C. The Specific Oxygen Uptake Rate (SOUR) test, as required by 40 C.F.R. 503.33(b)(4), shall be conducted within 15 minutes of sample collection and shall be performed by a certified laboratory or under the direction of an operator certified in accordance with Chapter 62-602, F.A.C. (4) through (6) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 3-30-98, Amended 8-29-10. 62-640.700 Requirements for Land Application of Class AA, A, and B Biosolids. (1) through (5) No change (6) General Application Site Requirements. (a) Biosolids shall be applied with appropriate techniques and equipment to assure uniform application over the application zone. (b) Beginning within one year of August 29, 2010, Class A and Class B biosolids treated by alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located at a distance greater than one-quarter mile from the application site property line. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)2., F.A.C., if the affected adjacent property owner provides written consent. (c) Class A and Class B biosolids treated by alkaline addition shall be land applied within 24 hours of delivery to the site. (d) The spraying of liquid domestic wastewater biosolids from an application vehicle shall be conducted so that the formation of aerosols is minimized. Unless specifically stated in the wastewater permit or site permit, spray guns shall not be used. (e) Biosolids shall not be stored, stockpiled, or staged at a land application site for more than seven days unless approved by the Department pursuant to subparagraph 2., below. 1. All biosolids storage, stockpiling, or staging at land application sites shall: a. Meet the applicable setback requirements for biosolids application sites in subsection 62-640.700(8), F.A.C., b. Not cause or contribute to runoff of biosolids, objectionable odors, or vector attraction; and, c. For Class B biosolids, include fencing or other appropriate features to discourage the entry of animals and unauthorized persons. 2. The Department shall approve storage periods for longer than seven days if the following conditions are met: a. The storage area and facilities are identified in the NMP and site permit application, b. The applicable storage requirements of subparagraph 62-640.700(6)(e)1., F.A.C., are met, c. All of the biosolids stored at the application site, up to the capacity of the onsite storage facilities, can be land applied without resulting in an exceedance of cumulative loading limits or the application rates established in the NMP, d. The storage facilities are adequate for the rate of biosolids generated by permitted treatment facilities sending biosolids to the application site; and, e. A longer storage period is needed because of agricultural operations or climatic factors at the application site; and - f. Measures to prevent leaching of nutrients are implented. 3. In no case shall storage of biosolids exceed two years. 189 4. EPA's Guide to Field Storage of Biosolids, paragraph 62-640.210(1)(k), F.A.C., provides guidance to assist permittees in the field storage, stockpiling, and staging of biosolids. (f) Class B biosolids application sites shall be posted with appropriate advisory signs in English and Spanish which identify the nature of the project area and comply with the following requirements. 1. Signs shall be posted at all entrances to land application sites in such a position as to be clearly noticeable. The words "Class B Biosolids Site" (in Spanish "Sitio con Biosblidos"), "Public Access Prohibited" (in Spanish "Prohibido el Acceso al Publico"), and the name and contact information of the site manager shall appear prominently on the signs. 2. For unfenced application sites, additional signs shall be posted at the corners and at a maximum of 500 feet intervals along the boundaries of the application site or zones, and in such a position as to be clearly noticeable from outside the boundary line of the application site. The words "Public Access Prohibited" (in Spanish "Prohibido el Acceso al Publico") shall appear prominently on the signs. 3. Letters on the signs for all required statements shall not be less than two inches in height. Signs shall be maintained and legible. (7) through (8) No change (9) The pH of the soil or the the biosolids soil mixture shall be 5.0 or greater at the time Class A or Class B biosolids are applied. At a minimum, soil pH testing shall be done annually. (10) A minimum unsaturated soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil. The permittee can indicate the seasonal high ground water level for the application site in the Biosolids Site Permit Application, Form 62- 640.210(2)(d), by use of soil survey maps. If the seasonal high ground water level is within two feet of the depth of biosolids placement or cannot be determined at the time of permitting, the water table level shall be determined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water -table monitoring well or a piezometer. Biosolids shall not be applied on soils having a seasonal high ground water table less than 15 centimeters from the soil surface or within 15 centimeters of the intended depth of biosolids placement. (11) through (12) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.700, Amended 3-30-98, 8-29-10. 62-640.750 Agricultural Sites. Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 3-30-98, Repealed 8-29-10. 62-640.800 Additional Requirements for Land Application at Reclamation Sites. (1) through (4) No change (5) Ground water and surface water monitoring shall be conducted for reclamation sites as provided in paragraphs 62-640.650(3)(c) and (d), F.A.C. (6)(5) In addition to the above requirements, land reclamation projects at mining reclamation sites shall be in compliance with any other applicable Department rules concerning mining reclamation. Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New8-12-90, Formerly 17-640.800, Amended 3-30-98, 8-29-10. 62-640.850 Distribution and Marketing of Class AA Biosolids. The distribution and marketing of biosolids or biosolids products shall meet the requirements of this section and this chapter, but are not required to meet subsections 62-640.300(2) and (3); Rule 62-640.500; paragraphs 62- 190 640.650(3)(b) through (d); 62-640.650(4)(c) through (j); 62-640.650(5)(c) through (e); 62-640.650(6)(a), (b), (f), and (g); subsections 62-640.700(1) through (4); 62-640.700(6) through (12); and Rule 62-640.800, F.A.C. (1) Distributed and marketed biosolids or biosolids products shall meet the requirements for Class AA biosolids as defined in subsection 62-640.200(10), F.A.C. (2) Distributed and marketed biosolids or biosolids products shall be distributed and marketed as a fertilizer in accordance with Chapter 576, F.S., (XXXX)(2009), and Chapter 5E-1, F.A.C., XX-XX-XXXX1 18 2010, both hereby adopted and incorporated by reference, or distributed and marketed to a person or entity that will sell or give- away the biosolids or biosolids products as a fertilizer or as a component of a fertilizer subject to Chapter 576, F.S., and Chapter 5E-1, F.A.C. Copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices. For the purposes of this chapter, biosolids composts that are distributed and marketed outside of the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds, as defined in Section 373.4595, F.S., do not have be to distributed and marketed as a fertilizer if the biosolids compost product is enrolled and certified under the U.S. Composting Council's (USCC) Seal of Testing Assurance (STA) program in effect on 5-20-2010, hereby adopted and incorporated by reference. A copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices. (3) Any treatment facility which produces biosolids in Florida that will be distributed and marketed or any person who delivers biosolids to Florida to be distributed and marketed shall submit the information listed in paragraph 62- 640.850(3)(b), F.A.C., to the Department. (a) The information shall be submitted as follows: 1. Florida facilities shall submit the information with the treatment facility permit application. The information shall be updated and re -submitted with each permit renewal application. 2. Persons shipping biosolids into Florida for distribution and marketing shall submit the information with the notification required by subsection 62-640.850(6), F.A.C. The information shall be updated and re -submitted every five years. (b) The information shall include: 1. The Florida fertilizer license number assigned in accordance with Florida's Commercial Fertilizer Law, Chapter 576, F.S., (2009), and Chapter 5E-1, F.A.C., 1-18-2010, both hereby adopted and incorporated by reference, under which the biosolids or biosolids products will be distributed and marketed (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or documentation showing proof of certification for biosolids composts enrolled in the USCC STA program in effect on 5-20-2010, hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices), 2. The quantity and characteristics of the biosolids or biosolids products to be distributed and marketed annually, 3. A description of the planned distribution and marketing operations, methods, and procedures, 4. Procedures for transportation, storage, and application for the biosolids or biosolids products by the facility or person shipping biosolids into Florida for distribution and marketing, 5. The label or information sheet to be provided at the time of distribution and marketing of the biosolids in accordance with subsection 62-640.850(5), F.A.C., Chapter 576, F.S., (XXXX)(2009), and Chapter 5E-1, F.A.C., XX- XX-XXXX1 18 2010, both hereby adopted and incorporated by reference, as applicable (copies of Chapter 576, F.S., and Chapter 5E-1, F.A.C., are available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or any of the Department's District Offices) or equivalent information for biosolid composts certified and enrolled in the USCC STA program in effect on 5-20-2010, hereby adopted and incorporated by reference (a copy of the USCC STA program document is available from the Department of Environmental Protection, Domestic Wastewater Section, M.S. 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any of the Department's District Offices), 191 6. Management procedures for ensuring biosolids meet Class AA requirements prior to distribution and marketing, including procedures for notifying persons who received biosolids that failed to meet Class AA requirements; and, 7. Contingency plans if the biosolids or biosolids products are not distributed or marketed as planned. (4) through (7) No change Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 8-12-90, Formerly 17-640.850, Amended 3-30-98, 8-29-10. 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities. The requirements of this section shall apply to any facility that treats biosolids from other facilities prior to use, land application, or disposal. These requirements also apply to septage management facilities that treat domestic septage and combinations of food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marina pumpout, or other onsite systems prior to use, land application, or disposal. (1) No change (a) through (i) No change (j) Staffing. The level of operator staffing at a biosolids treatment facility shall be as follows: 1. The operator classification requirements shall be in accordance with Chapter 62-699, F.A.C. 2. Operator staffing requirements for facilities addressed in paragraph 62-640.880(2)(d), F.A.C., shall be established as the more stringent of either the requirements in Chapter 62-699, F.A.C., or the requirements in paragraph 62-640.880(2)(j), F.A.C. For septage management facilities with a permitted capacity equivalent to 10,000 gallons per day or less, the Class C operator requirements given in paragraph 62-640.880(2)(j), F.A.C., may be substituted with a registered septic tank contractor or master septic tank contractor. 3. In addition to the above staffing requirements, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the biosolids treatment facility during loading and unloading operations and during other operating hours as recommended in the preliminary design report. 4. If justified by the complexity of the treatment process, the Department shall require a higher classification, more frequent visits, or more hours per day. Requests to alter or decrease staffing requirements shall be made through a minor permit revision under Rule 62-620.325, F.A.C., and shall be based upon site-specific requirements, facility operation, risk to public health and the environment, and the presence of other trained personnel. (k) The biosolids treatment facility permittee shall be responsible for making the facilities safe in terms of public health and safety at all times, and shall notify the Department and all affected parties, in writing, at least 60 days before ceasing operation in accordance with subsection 62-620.610(15), F.A.C. 192 TYPE I* TYPE II* TYPE III* A/AA** Class A Operator Class B Operator Class B Operator 8 hours/day 4 hours/day 2 hours/day 5 days/week 5 days/week 5 days/week B** Class A Operator Class B Operator Class C Operator 2 hours/day 1 hour/day 1 hour/day 5 days/week 5 days/week 3 days/week B*** Class A Operator Class B Operator Class C Operator 1 hour/day 1 hour/day 1 hour/week 5 days/week 3 days/week *Classification of Type of facility as determined by paragraph 62-640.880(2)(a), F.A.C. **These letters correspond to the Class of pathogen reduction that is achieved by the biosolids treatment facility in accordance with subsection 62-640.600(1), F.A.C. ***This category is for Class B liquid alkaline stabilization only. 1. The operator classification requirements shall be in accordance with Chapter 62-699, F.A.C. 2. Operator staffing requirements for facilities addressed in paragraph 62-640.880(2)(d), F.A.C., shall be established as the more stringent of either the requirements in Chapter 62-699, F.A.C., or the requirements in paragraph 62-640.880(2)(j), F.A.C. For septage management facilities with a permitted capacity equivalent to 10,000 gallons per day or less, the Class C operator requirements given in paragraph 62-640.880(2)(j), F.A.C., may be substituted with a registered septic tank contractor or master septic tank contractor. 3. In addition to the above staffing requirements, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the biosolids treatment facility during loading and unloading operations and during other operating hours as recommended in the preliminary design report. 4. If justified by the complexity of the treatment process, the Department shall require a higher classification, more frequent visits, or more hours per day. Requests to alter or decrease staffing requirements shall be made through a minor permit revision under Rule 62-620.325, F.A.C., and shall be based upon site-specific requirements, facility operation, risk to public health and the environment, and the presence of other trained personnel. (k) The biosolids treatment facility permittee shall be responsible for making the facilities safe in terms of public health and safety at all times, and shall notify the Department and all affected parties, in writing, at least 60 days before ceasing operation in accordance with subsection 62-620.610(15), F.A.C. 192 (3) through (6) No change Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History—New 3-30-98, Amended 8-29-10. 193 General Concerns and Comments • Indian River County understands that biosolids are a byproduct that must be disposed of. We are asking for a good common sense framework for applying biosolids in a manner that protects our precious waterways. • State agencies, such as FDEP need to re-evaluate the way that point source and non -point source nutrient loads are regulated. Somewhere between 1%-3% of total nutrient loading in our waterways is attributed to point -source locations, which are highly regulated. • Biosolids come from wastewater treatment facilities, which are highly regulated point source locations. When this byproduct is hauled away and land applied, it suddenly is treated as a non - point source with little oversight. It seems that we need to look at the other —97% of nutrient loading a little closer if we are going to solve our water quality problem. We think that biosolids is a good place to start. • It costs far more to remove nutrients from water bodies than to prevent them from reaching them in the first place. • The County has already spent tens of millions of dollars, with assistance from the State and other agencies to reduce nutrient loading in the Indian River Lagoon. All of this work can easily be undone with continued application of biosolids without proper protections in place. • For illustrative purposes, one permitted biosolids site in our County applied more phosphorous (293,358 pounds) in 2017 than is produced by all 30,000 septic tanks in Indian River County (150,000 pounds — estimated). At an estimated cost of $20,000 per sewer conversion, it would cost $600 million to replace these septic tanks and remove less phosphorous than was applied at one location (the site was permitted for 519,498 pounds). • Other stakeholders will claim that these rules will cost them too much. The fact is, those responsible for pollution should be responsible for cleanup. As illustrated above, the cost to clean up the nutrients is far greater than any possible cost of compliance with rules to ensure that the nutrients don't reach the waterways in the first place. • Water quality testing is needed to monitor whether nutrients are leaching into surface waters and ground water. The proposed threshold of 100 pounds of available nitrogen per acre is inadequate. Water quality monitoring should be required for all sites where biosolids are applied. • 3 years is too long to implement changes. Far too much damage can be done during this period. • FDEP needs to place a moratorium on new permits until the rule is in place. There is a new application (Poteat Ranch) on the Brevard/Indian River County line. Applicants like this should not be allowed to "beat the clock" on the new regulations. They know what they are getting into with the rulemaking underway. If new permits are issued, they should have conditions requiring compliance sooner than the 3 -year timeframe. • Currently, biosolids are not land applied south of Indian River County along the eastern portion of Florida due to restrictions currently in Florida Statutes. We are only asking that the biosolids coming from communities south of us (e.g. Broward County) are only spread in our county if it can be done in a way that does not foul our waterways. Short of that, we should have the same protections in Florida Statutes currently provided for communities to our south. • Water Quality testing (surface or groundwater) should be incorporated into any proposed rule change. 194 12x3 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: July 1, 2019 To: Jason E. Brown, County Administrator . From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Approval of Meter Purchase Agreement for AMR Meters Descriptions and Conditions: On August 14, 2018, the Board of County Commissioners (BCC) authorized staff of the Indian River County Department of Utility Services (IRCDUS) to begin negotiations with the top-ranked firm for Meter Deployment Services for an Automatic Meter Reading (AMR) Solution. In anticipation of an upcoming agreement, the Indian River County Purchasing Division issued Request for Information (RFI) #2018077M — Master Meter 4G AMR/AMI compatible Meters. Empire Pipe and Supply responded to the RFI. Background: Empire Pipe and Supply is the Master Meter distributor for 4G AMR compatible meters/appurtenances (meters). The BCC approved them as the Sole Source provider for Master Meter products on March 6, 2018. Empire Pipe and Supply responded to RFI #2018077M with a commitment letter and pricing agreement. In order to assure timely delivery of the 4G AMR meters that will be required for the IRCDUS Meter Deployment Program, staff approached Empire Pipe and Supply to enter into a Meter Purchase Agreement. The agreement details the importance of timely delivery of the 4G meters and provides for liquidated damages if an agreed-upon delivery schedule is not adhered to. IRCDUS staff recommends entering into a Meter Purchase Agreement for 4G AMR Meters since these products are the key component of the Meter Deployment Program, to be delivered as ordered according to a schedule that is created in conjunction with National Metering Services Inc., the contractor for installation of said meters. Funding: Funding for the Countywide Meter Replacement program is available in the operating fund. Operating funds are generated from water and sewer sales. The "all in" projected pricing for the Meter Deployment Services Agreement and direct purchase of related materials is included as an attachment to this agenda. 195 Departmental Item Description Account Number Amount Countywide Meter Replacement (NMS contract) 471-169000-16506 $ 3,083,663.80 Countywide Meter Replacement (change directives) 471-169000-16506 $ 308,366.00 Countywide Meter Replacement Program (materials) 471-169000-16506 $ 11,325,189.10 Total $ 14,717,218.90 Recommendation: Staff recommends the Board of County Commissioners authorize the Chairman to endorse the Meter Purchase Agreement with Empire Pipe and Supply. Meter expenses through Empire are projected at $7,920,724.12. The remaining $3,404,464.98 will be purchased from vendors already under bid pricing agreements through the Indian River County Department of Utility Services warehouse contracts. Attachments Meter Purchase Agreement Projected Pricing Sole Source letter 196 Meter Purchase Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Empire Pipe and Supply (hereinafter called SUPPLIER). OWNER and SUPPLIER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK SUPPLIER shall provide all materials as specified or indicated. The materials are generally described as follows: Water Meters w/ Allegro (4G) Endpoint Technology and affiliated meter appurtenances ARTICLE 2 -THE PROJECT The Project for which the supplies are needed is described as the Meter Deployment Services for an Automatic Meter Reading (AMR) Solution. Meters and appurtenances will be ordered by OWNER on a Blanket Purchase Order with goods being delivered to a warehouse facility operated by the County's Meter Deployment Services contractor. ARTICLE 3 - DELIVERY TIMES 3.01 Time of the Essence A. Delays in delivery of materials will cause OWNER to suffer substantial financial and operational consequences. OWNER understands that lead time for meter deliveries is estimated to besix weeks or earlier. OWNER agrees to provide schedule for deliveries at least 10 weeks in advance as needed for delivery schedule of four to six weeks. 3.02 Liquidated Damages A. SUPPLIER and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial Toss if the meters are not delivered within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in writing as a change directive to this Agreement. Liquidated damages will commence if deliveries are not received within said time frame. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the meters are not delivered on time. Accordingly, instead of requiring any such proof, OWNER and SUPPLIER agree that as liquidated damages for delay (but not as a penalty), SUPPLIER shall credit OWNER $500 per day on delayed/late deliveries. OWNER will take credit directly from invoice for affiliated delivery. ARTICLE 4 - PRICE 4.01 OWNER shall pay SUPPLIER for meters in accordance with RFI 2018077M -Master Meter Allegro (4G) AMR/AMI Compatible Meters which is included as Exhibit 1 to this agreement. ARTICLE 5 - PAYMENT PROCEDURES 197 5.01 Payments. A. The OWNER shall make payments to the SUPPLIER for each delivery as invoiced. Exception will. be if delivery is not received within the time period as described in section 3.01. In that case, payment will be reduced by liquidated damages as described in section 3.02. ARTICLE 6 - INDEMNIFICATION 6.01 SUPPLIER shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the SUPPLIER and persons employed or utilized by the SUPPLIER in the delivery of the meters. ARTICLE 7 - MISCELLANEOUS 7.01 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7.02 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 7.03 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The SUPPLIER shall comply with Florida's Public Records Law. Specifically, the SUPPLIER shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the SUPPLIER does not transfer the records to the County. B. IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 198 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the SUPPLIER to comply with these requirements shall be a material breach of this Agreement. B. OWNER shall, before terminating the Agreement for any of the foregoing reasons, notify. SUPPLIER in writing of the grounds for termination and provide SUPPLIER with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the SUPPLIER fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Agreement by, notifying SUPPLIER in writing. Upon receiving such notification, SUPPLIER shall immediately cease all deliveries. D. TERMINIATION IN REGARDS TO F.S. 287.135: SUPPLIER certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, SUPPLIER certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if SUPPLIER is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum. Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if SUPPLIER, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and SUPPLIER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and SUPPLIER. All portions of the Contract Documents have been signed or identified by OWNER and SUPPLIER or on their behalf. 199 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: SUPPLIER: INDIAN RIVER COUNTY By: TBD, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: By: (SUPPLIER) Attest (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If SUPPLIER is a corporation or a partnership, attach evidence of authority to sign.) 200 Exhibit 1 Request for Information #2018077M — Master Meter 4G AMR/AMI Compatible Meters 1. INTRODUCTION This Request for Information (RFI) is issued to obtain information regarding the availability of meters projected to be replaced and the future steps necessary to convert these AMR meters to AMI. To respond to this RFI please complete and return the "Response Form". No oral interpretations will be made to any respondent as to the meaning of the RFI documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to purchasing@ircgov.com. The deadline for information is 9:00 a.m. on Wednesday, September 11, 2018. Information shall be provided on the attached Response Form and sent via e-mail to purchasing@ircgov.com. 2. CURRENT EQUIPMENT OVERVIEW Indian River County's Department of Utility Services is proposing to continue the replacement of existing meters with those capable of being read by radio. Negotiations with the top ranked vendor from the solicitation are underway to provide the necessary installation for the meters on an expedited time frame. Anticipated replacements include: ✓ Between 33,000 and 36,000 5/8" x %" 4G AMR/AMI compatible meters ✓ Between 500 and 1,000 1" meters ✓ Between 750 and 1,200 11/2" meters ✓ Up to 350 2" Octaves ✓ One 3" Octave ✓ One 4" Octave ✓ Two 6" Octaves ✓ One 8" Octave ✓ Up to 4,000 4G registers only (may have some under warranty) to upgrade all 3G registers to 4G The County would like to request a timeline (with milestones) under which the replacements can be provided and ready for installation. The Department is hoping for an 18 -month completion of project from award by the Board of County Commissioners, the date of which would coincide with our order of the listed replacements. We would require 3,000-5,000 meters on hand before the installation would commence. Delivery is anticipated to be to a third party warehouse, with that location provided at the time of original order. The Department would also like to learn what hardware, software and equipment would be required to transition the 4G AMR meters to AMI. Please detail the entire process from start to finish, as well as a ballpark cost estimate. 201 Response Form Indian River County RFI 2018077M — Master Meter 4G AMR/AMI Compatible Meters Firm name: Empire Pipe Orlando LLC 1. Lead time to provide 4,000 AMR meters* Initial Order Only 8 tol 0* weeks 2. Total time to produce and provide all anticipated replacements detailed above 32 to 40* weeks *Or an approved forecast delivery schedule can be estimated at 3,000 to 4,000 meters per month delivery. 3. Pricing quote Item` t ' Unit,prie :", Etina:atedunits � y . 5/8" x %" 4G AMR/AMI compatible meters $ 205.00 Between 33,000 and 36,000 1" meters $ 267.47 Between 500 and 1,000 11/2" meters $ 437.50 Between 500 and 1,000 2" Octaves *(2"x10") $ 1,507.59 Up to 350 **7" Spool: $92.31 3" Octave $ 2,270.93 One 4" Octave $ 3,560.43 One 6" Octaves $ 5;547.76 Two 8" Octave $ 7,427.40 One • 4G registers only $ 144.00* Up to 4,000 *With a one for one exchange for 3G Register 4. Please describe the process, including any additional hardware, software and equipment that would be necessary to upgrade the proposed AMR system to AMI. Provide an explanation of costs to be anticipated for this modification. Use additional sheets, as necessary. 202 Meter Deployment and Material Purchase Pricing Item Description Estimated Quantity Installation Price Each Material Price/Owner Direct Purchase Total Price Install 5/8 x 3/4 inch meter with check valve 33,500 $58.00 $249.11 $10,288,185.00 Install 1" meter with check valve 860 $65.00 $312.24 $324,426.40 Install 1 1/2 " meter with check valve 0 $145.00 $544.16 $0.00 Install 2" meter with check valve 270 $160.00 $1,746.84 $514,846.80 Install 5/8 x 3/4 inch meter 50 $26.00 $205.00 $11,550.00 Install 1" meter 40 $26.00 $267.47 $11,738.80 Install 1 1/2 " meter 0 $88.00 $0.00 Install 2" meter 0 $105.00 $0.00 Install 3" meter 7 $325.00 $2,270.93 $18,171.51 Install 4" meter 15 $400.00 $3,560.43 $59,406.45 Install 6" meter 1 $550.00 $5,547.76 $6,097.76 Install 8" meter 1 $1,350.00 $7,427.40 $8,777.40 Replace 4G register only 2,000 $19.00 $144.00 $326,000.00 Replace residential check valve 2,000 $33.00 $44.11 $154,220.00 Replace meter pit lid - 10" x 15" x 2" 100 $1.00 $28.15 $2,915.00 Replace meter pit lid - 11" x 18" x 2" 20,000 $1.00 $29.00 $600,000.00 replace meter pit lid - 13" x 24" x 2" 50 $5.00 $48.86 $2,693.00 Replace meter pit lid - 17" x 30" x 2" 150 $15.00 $76.47 $13,720.50 Replace meter pit lid - 30" x 48" Bolt down 2 $42.00 $1,208.24 $2,500.48 Replace box 10" x 15" 0 $10.00 $0.00 Replace box 11" x 18" 20,090 $12.00 $45.00 $1,145,130.00 Replace box 13" x 24" 50 $18.00 $78.60 $4,830.00 Replace box 17" x 30" 150 $18.00 $95.06 $16,959.00 Install 6" riser (resetter) with new meter** 1,000 $7.50 $123.00 $130,500.00 Install 12" riser (resetter) with new meter** 1,000 $10.00 $116.00 $126,000.00 GPS coordinates ofeach meter box - includes data capture, equipment, labor, transportation and digital photo 36,744 $9.70 $356,416.80 MDM Software - Initial upload 36,744 $3.25 $119,418.00 Subtotal $14,244,502.90 Meter Testing 5/8" x 3/4" 33,550 $2.50 $83,875.00 1" 750 $4.50 $3,375.00 1 IN, 150 $17.50 $2,625.00 2" 270 $17.50 $4,725.00 3" 7 $275.00 $1,925.00 4" 15 $275.00 $4,125.00 6" 1 $275.00 $275.00 8" 1 $275.00 $275.00 Subtotal 21)11,200.00 Meter Deployment and Material Purchase Pricing Item Description Estimated Quantity Installation Price Each Material Price/Owner Direct Purchase Total Price Meter Recycling 5/8" x %" 33,550 -$3.50 ($117,425.00) 1" 750 -$5.50 ($4,125.00) 1 %" 150 -$12.50 ($1,875.00) 2" 270 -$12.50 ($3,375.00) 3,, 7 -$50.00 ($350.00) 4" 15 -$60.00 ($900.00) 6" 1 -$70.00 ($70.00) 8" 1 -$80.00 ($80.00) Credit for Recycling ($128,200.00) Optional Additional Serivces Meter Seals (NMS Seals, sequentially numbered) $1.27 • $0.00 Meter Seals (IRC Seal, sequential numbering) $1.62 $0.00 1/8" thick, 48" Bypass Cable Seals (sequentially numbered) $15.42 $0.00 Downsize 1" meter to 5/8", includes parts & labor 710 $60.00 $42,600.00 Downsize 2" meter to 1", includes parts & labor 250 $350.00 $87,500.00 Downsize 2" meter to 5/8", includes parts & labor 50 $350.00 $17,500.00 Downsize 1 %2" meter to 5/8", includes parts & labor 75 $350.00 $26,250.00 Downsize 1%2" meter to 1", includes parts & labor 50 $200.00 $10,000.00 Downsize 3" meter to 2", includes parts & labor $620.00 $0.00 Downsize 4" meter to 2", includes parts & labor $725.00 $0.00 Upsize 1 %2" meter to 2", plus meter install 25 $300.00 $7,500.00 MDM Annual Hosting (Starts 6 months after Project Completion) $2.00 $0.00 MDM Data Modification per Unit $1.50 $0.00 Subtotal $191,350.00 Contingency for Work Change Directives $308,366.00 Total $14,717,218.90 204 AAAA MASTER MET February 21, 2018 Terry Southard Operation Manager Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 Dear Mr. Southard: 101 Regency Parkway Mansfield, Texas 76063 PH# 800-765-6518 817-842-8000 FAX# 817-842-8100 On behalf of Empire Pipe & Supply, Inc. and Master Meter, Inc. we appreciate the continued opportunity to serve your metering needs. Please let this confirm that Empire Pipe & Supply, Inc.is the only authorized waterworks utility distributor for Master Meter in Florida. This includes Master Meter's entire product line including but not limited to all sizes and types of water meters, AMR/AMI meter reading system, components and accessories. If you should have any questions or require additional information, please don't hesitate to contact me at 800-765-6518. Respectfully, Brandon/ c-s-te-r Brandon Foster Regional Vice President of Sales cc: David Reas, RSM Ronnie Veach, Executive. Vice President, Master Meter, Inc. Jimmy Mathis 205 Randi Wardlow From: Vincent Burke <vburke@ircgov.com> Sent: Monday, July 15, 2019 12:40 PM To: CBCC-Mail Subject: [External] FW: Utility Agenda item 12.G.3: Pricing Letter Attachments: Letter of Commitment Master Meter and Empire Pipe & Supply 7.15.19.pdf I received an out of office reply for Terri. Please see below and attached. Thank you -Vincent From: Vincent Burke Sent: Monday, July 15, 2019 12:33 PM To: BCC - Board Members <bccboard@ircgov.com> Cc: BCC - Office <bccoffice@ircgov.com>; Jason Brown <jbrown@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Cindy Corrente <ccorrente@ircgov.com>; 'Terri Collins -Lister' <tlister@clerk.indian-river.org>; 'Jeff Smith' <JSmith@clerk.indian-river.org>; Jennifer Hyde <jhyde@ircgov.com>; Dori Roy <droy@ircgov.com> Subject: Utility Agenda item 12.G.3: Pricing Letter Good afternoon Commissioners! RFI 2018007 was issued by the county to solicit vendors in supplying AMR meters with associated pricing. This information is included in the back up for Agenda item 12.G.3. The listed price for the 5/8" x %" AMR meter was $205/meter. Staff pushed back on the manufacturer and distributor and was able to negotiate a $15/per meter savings which equates to an approximate overall savings of $540K for 36,000 meters. See the attached letter staff just received. We would like to include this information for tomorrow's agenda item 12.G.3. Thank you, Vincent Burke, P.E. Utilities Director, Indian River County 1801 27th Street Vero Beach, FL 32960 T: 772.226.1835 F: 772.770.5143 vburkepircgov.com --Warning-- 1 This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- qck.2oS-2 Pipe & Supply July 15, 2019 Ms. Cindy Corrente Utilities Finance Manager Indian River County Utilities 1801 27th Street Vero Beach, FL 33880 Re: Letter of Commitment Dear Ms. Corrente: On Behalf of Master Meter and Empire Pipe & Supply, we appreciate the continued opportunity to serve your metering needs. Master Meter and Empire Pipe & Supply are committed to Indian River County's successful transition to an AMR/AMI Metering System. This letter is to commit to a term of two years which includes the following pricing schedule. The 36,000 meters will have the following pricing: 5/8"X3/4" Allegro Meters w/ Under the Glass Register $190.00 If you should have any questions or require additional information, please don't hesitate to contact me at 407-295-2400. Respectfully, James Mathis Vice President Cc: Jon Kuehne, Territory Manager -Empire Pipe & Supply David Blount, CEO -Empire Pipe & Supply David Reas, RSM -Master Meter Brandon Foster, Regional Vice President of Sales -Master Meter Off: 407-295-2400 Fax: 407-295-2455 Toll Free: 877-295-2409 40 Keyes Court, Sanford, Florida 32773 /actDepartmental It m Indian River County, Florida Department of Utility Services Board Memorandum Date: June 25, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Award of Contract for Meter Deployment Services Descriptions and Conditions: On August 14, 2018, the Board of County Commissioners (BCC) authorized staff of the Indian River County Department of Utility Services (IRCDUS) to begin negotiations with the top-ranked firm for Meter Deployment Services for an Automatic Meter Reading (AMR) Solution and authorized the Purchasing Manager to issue a purchase order to Langham Consulting Services Inc. (now known as TMG Inc.) for Task 5 of RFP 2014043. Task 5 was to assist the County in contract negotiations with the selected AMR vendor. Background: The top ranked firm for Meter Deployment Services was National Metering Services Inc. For the past several months, staff has worked closely with its consultant to draft a contract that addresses the myriad of issues associated with the complex transition to an AMR solution. Those issues include clearly outlining IRCDUS and contractor responsibilities in relation to the meter deployment services, providing for minimal customer service interruptions, establishing a clear communications program to inform customers of the meter change out program, and providing a framework so the contractor may proceed expeditiously even when encountering unexpected or unusual field conditions. Presently, the IRCDUS service territory consists of approximately 51,000 metered accounts. Of the 51,000 meters, close to 37,000 are manual read meters. The remaining 14,000 meters are already AMR meters. Upon completion of the contract, all 51,000 metered accounts will consist of AMR meters. It is expected that the project will take between eighteen and twenty-four months to complete. During the negotiations process, it was agreed that a pilot program was not necessary since the meters being deployed are of the same type and brand that are already being utilized for the existing 14,000 AMR accounts. Those accounts have Master Meter AMR meters that are read via a drive-by technique utilizing Harmony software. Therefore, no new or untested technologies will be utilized for this manual read to AMR transition project. Use of both products has been in place for several years. Of the 37,000 meters being replaced under the proposed contract, many have been in the ground for over twenty-five years. With that in mind, it should come as no surprise that conditions inside the meter box 206 Departmental Item may be less than ideal. Therefore, when the meters are replaced, any broken or missing lids and meter boxes will be replaced as well. In some cases, the water service lines have settled overtime or were never installed according to current utility standards. In these situations, it may be necessary to install risers. The risers are attached to the service line in order to provide accessibility to the meters. Along with replacing the meters, the check valves will be replaced in concert with Florida Department of Environmental Protection (FDEP) requirements. Funding: In order to maximize cost savings for the Meter Deployment Program, the majority of the materials will be purchased by the County. Negotiated pricing for meters and meter apparatuses are already in place for the IRCDUS warehouse. The "all in" projected pricing for the Meter Deployment Services Agreement and direct purchase of related materials is included as an attachment to this agenda. Funding for the Countywide Meter Replacement program is available in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Countywide Meter Replacement Labor Only(NMS contract) 471-169000-16506 $ 3,083,663.80 Countywide Meter Replacement (change directives) 471-169000-16506 $ 308,366.00 Countywide Meter Replacement Program (materials) 471-169000-16506 $ 11,325,189.10 Total $ 14,717,218.90 Recommendation: Staff recommends the Board of County Commissioners (BCC) authorize the chairman to endorse the Agreement for Meter Deployment Services between Indian River County and National Metering Services, Inc. for $3,083,663.80, after final review and approval by the County Attorney. Staff also recommends the BCC authorize staff to issue work change directives related to the Meter Deployment program in order to assure that work can continue expeditiously after discovery of unique field conditions as long as such directives do not alter the overall scope of the program and do not exceed $308,366.00, as detailed in Exhibit 2 of the contract. It is understood that upon completion of the project, staff would provide a report to the BCC that fully describes the final authorized amount. Attachments Agreement for Meter Deployment Services Projected Pricing 207 AGREEMENT for METER DEPLOYMENT SERVICES between Indian River County and National Metering Services, Inc. 208 TABLE OF CONTENTS ARTICLE 1. BACKGROUND AND BUSINESS OBJECTIVES 8 1.01 Background. 8 1.02 Business Objectives. 8 ARTICLE 2. DEFINITIONS AND INTERPRETATION 8 2.01 Definitions. 8 2.02 Other Terms. 8 2.03 Construction 8 2.04 References 9 2.05 Headings and Cross -References 9 ARTICLE 3. TERM 10 3.01 Term. 10 ARTICLE 4. SERVICES 10 4.01 General 10 4.02 Implied Services. 10 4.03 National Responsibility. 10 4.04 Non -Exclusivity;, Right to In -source and Re -source the Services 10 4.05 Out -of -Scope Services. 10 ARTICLE 5. METER DEPLOYMENT PLAN 11 5.01 General. 11 5.02 Contents of Deployment Plan. 11 5.03 Preparation and Completion of Deployment Schedule 13 5.04 National's Performance. 13 ARTICLE 6. BOARD APPROVALS AND CONSENTS 14 6.01 Board Approvals 14 6.02 Consents 14 ARTICLE 7. COMPLIANCE WITH LAW AND REGULATIONS 14 7.01 Compliance with Law. 14 7.02 Changes in Law and Regulations 14 ARTICLE 8. COMPLIANCE WITH INDIAN RIVER COUNTY POLICIES AND PROCEDURES 15 8.01 Installation, Testing and Product Standards. 15 209 8.02 Safety and Security Procedures. 15 8.03 Computing System Access and Security Review Obligations. 15 8.04 Workforce Requirements and Fitness for Duty. 16 ARTICLE 9. SERVICE LEVELS AND QUALITY ASSURANCE 18 9.02 Failure to Perform. 18 9.03 Excused Performance 18 9.04 Measurement and Monitoring Tools. 18 9.05 Service Level Reporting. 19 9.06 Quality Assurance. 19 ARTICLE 10. CUSTOMER SATISFACTION 19 10.01 Customer Satisfaction. 19 ARTICLE 11. INDIAN RIVER COUNTY RESPONSIBILITIES 19 11.01 IRC Responsibilities. 19 ARTICLE 12. SERVICE LOCATIONS AND FACILITIES 20 12.01 Service Locations 20 12.02 National Safety and Security Procedures 20 12.03 National Data Connections. 20 12.04 Data Connection Security 21 ARTICLE 13. NATIONAL PERSONNEL 21 13.01 National Project Coordinator. 21 13.02 Key National Positions. 21 13.03 Qualifications, Retention and Replacement of National Personnel. 22 13.04 Subcontractors. 23 13.05 Conduct of National Personnel. 23 ARTICLE 14. INTENTIONALLY LEFT BLANK 23 ARTICLE 15. CONTROL AND MANAGEMENT 24 15.01 Reports and Meetings. 24 ARTICLE 16. INTELLECTUAL PROPERTY RIGHTS 24 16.01 National Software. 24 16.02 IRC Software 24 16.03 Export. 25 16.04 Bankruptcy Code. 25 ARTICLE 17. APPROVAL OF DOCUMENTS 25 210 17.01 Submission and Approval of Documents. 25 17.02 Non-conforming Documents. 25 17.03 Change Control Procedures. 26 ARTICLE 18. PROTECTION OF INDIAN RIVER COUNTY DATA 26 18.01 Ownership of IRC Data. 27 18.02 Data Security. 27 18.03 Privacy Requirements. 27 18.04 Notification of Breach. 27 18.05 Correction of Errors 28 18.06 Return of Data 28 ARTICLE 19. CONTINUED PROVISION OF SERVICES 28 19.01 Force Majeure. 28 19.02 Business Continuity and Disaster Recovery Plan. 28 19.03 Termination 29 ARTICLE 20. PAYMENTS TO NATIONAL 29 20.01 Charges 29 20.02 Detailed Invoices. 29 20.03 Progress Payments. 29 20.04 Pay Requests. 30 20.05 Billing and Payment Disputes 30 20.06 Liquidated Damages 30 20.07 Accountability. 30 20.08 Taxes 31 ARTICLE 21. AUDITS 31 21.01 Services. 31 21.02 Charges 31 21.03 Data. 32 21.04 Audit Follow-Up. 32 21.05 Compliance Requirements 32 21.06 Record Retention. 32 ARTICLE 22. CONFIDENTIALITY 32 22.01 General Obligations 32 22.02 Exclusions. 33 211 22.03 Unauthorized Acts 33 22.04 No Implied Rights. 34 22.05 Return or Destruction of Confidential Information. 34 22.06 Public Records Compliance. 34 ARTICLE 23. REPRESENTATIONS AND WARRANTIES 35 23.01 By IRC. 35 23.02 By National. National represents and warrants that: 35 23.03 DISCLAIMER 36 ARTICLE 24. ADDITIONAL COVENANTS 36 24.01 By IRC, 36 24.02 By National. 36 ARTICLE 25. DISPUTE RESOLUTION 38 25.01 General 38 25.02 Dispute Resolution 38 25.03 Jurisdiction. 39 25.04 Equitable Remedies 40 25.05 Continued Performance. 40 ARTICLE 26. TERMINATION 40 26.01 Termination for Cause. 40 26.02 Termination for Convenience. 41 26.03 Termination in Regards to F.S. 287.135 41 ARTICLE 27. INTENTIONALLY LEFT BLANK 42 ARTICLE 28. SUSPENSION 42 28.01 Suspension. 42 ARTICLE 29. INDEMNIFICATION 42 29.01 Indemnification. 42 ARTICLE 30. DAMAGES 42 30.01 Direct Damages. 42 30.02 Consequential Damages 43 30.03 Exclusions. 43 ARTICLE 31. INSURANCE 43 31.01 Insurance Coverage 43 31.02 Insurance Conditions. 44 212 31.03 Insurance Documentation 44 31.04 Risk of Loss. 44 31.05 Reporting Claims. 45 ARTICLE 32. MISCELLANEOUS PROVISIONS 45 32.01 Assignment 45 32.02 Notices. 45 32.03 Counterparts. 46 32.04 Relationship 46 32.05 Consents, Approvals and Requests 46 32.06 Severability 46 32.07 Waivers 46 32.08 Publicity 46 32.09 Entire Agreement. 47 32.10 Amendments 47 32.11 Survival. 47 32.12 Third-Party Beneficiaries. 47 32.13 Governing Law. 47 32.14 Sole and Exclusive Venue 47 32.15 Covenant of Further Assurances. 48 32.16 Negotiated Terms 48 32.17 Conflict of Interest. 48 EXHIBIT 1 -SERVICES 50 1. PROJECT OVERVIEW 50 2. PROJECT RESOURCES 50 3. PROJECT MANAGEMENT 53 3.1 Description 53 3.2 Project Management Roles and Responsibilities Matrix 53 4. METER INSTALLATION 55 4.1 Description 55 4.2 Meter Installation Roles and Responsibilities Matrix 56 5. CUSTOMER COMMUNICATIONS 59 5.1 Description 59 5.2 Customer Communications Roles and Responsibilities Matrix 59 213 6. MDM PORTAL 60 6.1 Description 60 6.2 MDM Portal Roles and Responsibilities Matrix 61 7. SOFTWARE, TOOLS, AND METHODOLOGIES 63 8. DEPLOYMENT SCHEDULE 63 EXHIBIT 2 - CHARGES AND PERFORMANCE 64 SERVICE PRICING 64 WARRANTEE 66 PERFORMANCE CRITERA 66 EXHIBIT 3 — CUSTOMER NOTIFICATION POSTCARD 68 EXHIBIT4—CUSTOMER NOTIFICATION DOOR HANGERS 69 EXHIBIT 5 - DEFINITIONS 70 This Agreement for Meter Deployment Services (this "Agreement"), dated as of , 2019 (the "Effective Date"), is made and entered into by and between National Metering Serivces, Inc. ("National"), and Indian River County ("IRC"), each of National Metering Service, Inc. and Indian River County sometimes referred to individually as a "Party" and together as the "Parties". ARTICLE 1. BACKGROUND AND BUSINESS OBJECTIVES 1.01 Background. (1) Through the competitive Request for Proposal (RFP) process, IRC has selected National to provide the planning, design, deployment, implementation, and acceptance testing of the AMR System within Indian River County's service territory and MDM Portal (collectively, the "AMR Solution") services. 1.02 Business Objectives. IRC and National acknowledge that the specific business objectives of this Agreement are: (1) for National to provide services in connection with the deployment and installation of AMR meters in accordance with an IRC -approved deployment plan and schedule; (2) for National to manage the supply chain for AMR meter deployment from coordination of meter vendor shipments through installation; (3) for National to manage logistics and all equipment associated with AMR meter deployment; (4) for National to manage its personnel in accordance with applicable safety rules; (5) for National to provide all information and performance reporting requirements; and (6) for National to coordinate all customer contact processes and activities. ARTICLE 2. DEFINITIONS AND INTERPRETATION 2.01 Definitions. Unless otherwise defined in this Agreement, capitalized terms used in this Agreement shall have the meanings set forth in Exhibit 5. 2.02 Other Terms. Unless otherwise defined in this Agreement, those terms, acronyms and phrases utilized in the metrology, communications and/or utilities industries or other pertinent business context shall be interpreted in accordance with their generally understood meaning in such industry or business context. 2.03 Construction. The provisions of Article 1 are intended to be a general introduction to 215 this Agreement and are not intended to expand the scope of the obligations of IRC or National under this Agreement or to alter the plain meaning of the terms and conditions of the Agreement. However, to the extent the terms and conditions of this Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be interpreted and construed so as to give full effect to the provisions in Article 1. 2.04 References. Unless otherwise specified, in this Agreement and the Exhibits and Appendices to this Agreement: (1) shall be incorporated into and deemed part of this Agreement and all references to this Agreement shall include the Exhibits hereto attached to this Agreement; (2) a reference to a person shall include its permitted successors and permitted assigns; (3) accounting terms shall have the meanings assigned to them by generally accepted accounting principles, consistently applied; (4) references to and use of the words "include," "includes" and "including" or the phrase "e.g." shall not be limiting; (5) the words "hereof," "herein" and "hereunder" and words of similar import shall refer to this Agreement as a whole and not to any particular provision, unless otherwise indicated; (6) references to any Law shall mean references to such Law in changed or supplemented form, or to a newly adopted Law replacing a previous Law; (7) references to and use of the word "days" shall mean calendar days, unless otherwise specified; (8) references to and use of the word "hours" shall mean hours as determined on a 24x7 basis and not business hours, unless otherwise specified; (9) references to an Exhibit or Appendix shall mean such Exhibit or Appendix as amended, modified, supplemented or replaced from time to time, with any changes thereto subject to the Change Control Procedures or written amendment; and (10) references to National include National Agents, Equipment providers, Software providers and service providers, where such entities are performing services or providing Equipment necessary for the performance of the deployment services. 2.05 Headings and Cross -References. The Article and Section headings and the table of contents used in the Agreement are for reference and convenience only and shall not enter into the interpretation of the Agreement. Any reference in the Agreement to a particular Article or Section number or Exhibit or Appendix shall mean that the reference is to the specified Article, Section, Exhibit or Appendix to the Agreement, except to the extent that the cross-reference expressly refers to another document. 216 ARTICLE 3. TERM 3.01 Term. The term of this Agreement shall commence on the Effective Date and shall continue until 3 months after completion of the deployment test of final installed meters (the "Agreement Expiration Date"), or such earlier date upon which this Agreement may be terminated pursuant to Article 26. ARTICLE 4. SERVICES 4.01 General. Commencing as of the Effective Date and continuing throughout the Term, National shall provide the services, functions and Documents, and perform the responsibilities described in this Agreement, as they may be supplemented, enhanced, modified or replaced, including the services, functions, Documents and responsibilities described in Exhibit 1 (collectively, the "Services"). 4.02 Implied Services. If any services, functions, deliverables or responsibilities not specifically described in this Agreement are required for the proper performance of the Services, such services, functions, responsibilities or deliverables shall be deemed to be implied by and included within the scope of the Services to the same extent and in the same manner as if expressly described in this Agreement. 4.03 National Responsibility. National shall be responsible for (1) providing the Services in accordance with this Agreement even if, by agreement of the Parties, such Services are actually performed by persons other than National Personnel acting under the management and direction of National, and (2) providing the facilities, personnel, Equipment, Software, materials, technical knowledge, training, expertise and other recourses necessary for the proper performance of the Services. National shall not be responsible for providing the AMR meter, except as specifically set forth in this Agreement. 4.04 Non -Exclusivity; Right to In -source and Re -source the Services. This Agreement does not give National any exclusive rights with respect to the provision of any services, including the Services. At any time during the Term, IRC shall have the right to perform itself ("In- source"), or retain third parties to perform ("Re -source"), any of the Services. To the extent IRC In -sources or Re -sources any of the Services, National shall cooperate with IRC and any applicable Third -Party Providers. 4.05 Out -of -Scope Services. IRC may from time to time during the Term request that National perform an Out -of -Scope Service. Any Out -of -Scope Service, including IRC's request for and approval of a National's proposal and deliverables for such Out -of -Scope Service, shall be processed in accordance with the Change Control Procedures. 217 ARTICLE 5. METER DEPLOYMENT PLAN 5.01 General. (1) National shall provide the Services and Documents for the deployment and installation of AMR Meters (the "Deployment") in accordance with the deployment and installation plan (the "Deployment Plan") as described in Section 5.02. (2) IRC shall perform the IRC Responsibilities in accordance with the Deployment Plan. 5.02 Contents of Deployment Plan. The Deployment Plan shall, as a minimum, include the following information: (1) a detailed description of the strategy, approach and activities that National will undertake to deploy, install and test the AMR Meters, including specifics as to (a) mapping and scheduling; (b) route saturation, route acceptance, route commissioning and AMR Meter commissioning; (c) accommodating IRC constraints (e.g., labor constraints, operations schedules and plans, scheduled meter readings (blackout periods) and planned outages); (d) identifying AMR Meter inventories required to support deployment/installation schedules and coordinating with IRC personel on purchases; (e) warehousing of AMR Meters (including quarantine procedures), transporting IRC accepted AMR Meters to warehouse, and returning Rejected Meters to AMR Meter supplier(s) for replacement; allocation of warehouse by service territory administrative regions (including details regarding start-up, duration of operation, close-out and relocation of cross -docks); (f) transportation of AMR Meters and fleet management; (g) work order management (e.g., National's methodology to manage individual customer installations from a scheduling, completion and close out perspective); (h) transfer or hand-off of responsibility for AMR Meters from the manufacturer/vendor to National; (i) meter asset tracking (e.g., inventory control procedures) of AMR Meters, including use of barcodes ; (j) quality assurance and quality control procedures to ensure that employees are adequately trained to follow procedures, and perform accurate and quality installations; (k) removal and disposal of Replaced Meters, including temporary storage and transfer of such Replaced Meters to disposal sites; (I) procedures for the handoff of non -accessible meters to IRC (m) performance of On -Site Repairs and removal and re -installation, or installation, of lock rings; (n) National's proposed management and administration of the Deployment, including National's organization structure, National's procedures for interfacing/interaction with IRC's AMR field deployment organization, National's procedures for ensuring coordination, maintaining up-to-date operating plans, 218 solving real-time problems and otherwise tracking and managing National's performance, National's problem definition and escalation processes; (2) a detailed description of the responsibilities to be performed by National in order for National to properly complete the Deployment, including (a) National's process for identifying, procuring and maintaining all necessary Consents (i.e., legal and regulatory permits and approvals) for the Deployment; and (b) National's proposed approach to cooperating with Third-Party Providers (e.g., meter suppliers, communications suppliers), including exchanging information; (3) a detailed description of (a) the technology, Equipment, Tools, office space, warehouses and other physical facilities, vehicles, methodologies, procedures, personnel and organization that National will use to perform the Services; and (b) National's procedures with respect to the loss of or damage to Equipment or Tools; (4) a detailed description of the approach and activities that National will undertake in respect of human resources and labor requirements necessary to perform the Services, including (a) training personnel to install AMR Meters in accordance with then current manufacturer's requirements; (b) training, auditing and enforcing compliance of National personnel with respect to National and IRC safety practices, policies and procedures relating to the Services; (c) hiring and managing personnel, including administering pre-employment background checks and random drug testing; (d) licensing and certification of National Personnel as required to perform the Services; (5) a detailed description of the approach and activities that National will undertake in respect of data management and security, including (a) data security (e.g., secure transmission and storage, data encryption); (b) data transfer (e.g., transfer of data from field to FTP Server); (c) data storage (e.g., secure storage, provision of FTP Server, provision of handheld devices); (d) data access by IRC (e.g., provision of secure, web-based, real-time information on progress and performance of Services such as customer information and location, and AMR Meter GPS coordinates); and (e) data management and reporting (e.g., field data management processes used to track, record, and capture field installation and billing data, including information upload and download methods/schedules, and proposed National reporting contents and schedules); (6) a detailed description of the approach and activities that National will undertake in respect of National contact with IRC customers, including (a) ensuring minimal service disruption; (b) scheduling customer appointments in connection with overall schedule for deployment and installation of AMR Meters, and communicating same to IRC (c) ensuring a quality customer experience in relation to the Services; (d) managing customer claims filed with IRC and (e) providing a call center and related services; (7) a detailed description of the IRC Responsibilities that IRC is required to complete in connection with the Deployment; 219 (8) a detailed description of the potential risks associated with the Deployment and the risk management, mitigation and control strategies that will be used by National to eliminate or minimize such risks; (9) a detailed description of the process National will use to resolve or settle third - party claims; (10) any other information or planning necessary to ensure that the Deployment takes place on schedule and without disruption to IRC's business. 5.03 Preparation and Completion of Deployment Schedule. (1) National shall be responsible for preparing and maintaining the Deployment Schedule. The current draft of the Deployment Schedule as of the Effective Date is attached as Exhibit 1, Section 8. Within 30 days of the Effective Date, National shall revise and finalize the Deployment Schedule, and provide it to IRC for IRC's review and comment. All revisions proposed by National after the Effective Date shall be for the purpose of adding additional detail and shall be consistent with the terms and conditions in this Contract. IRC shall provide its comments in writing within 15 days after receiving the Deployment Schedule. Thereafter, National shall cooperate and work closely with IRC in finalizing the Deployment Plan, including incorporating IRC's reasonable comments, and working with IRC to resolve any matter with respect to which the Parties are not in agreement. If IRC does not approve the final Deployment Schedule, it shall state in writing its reasons for such disapproval, and the Parties shall work together to resolve the disputed matters in accordance with Article 25. To the extent that any disapproval is based upon what IRC in good faith believes to be inconsistencies between the National -proposed changes and the terms and conditions in this Contract, such disapproval shall conclusively be deemed reasonable and IRC shall not be acting in bad faith if it declines to agree to such changes or to compromise its position. (2) Any subsequent changes to the Deployment Schedule shall be made in accordance with the Change Control Procedures set forth in Section 17.03. (3) At least once each quarter beginning in the first full calendar quarter after the final Deployment Plan is approved, National shall submit a revised Deployment Schedule reflecting all changes made in accordance with the Change Control Procedures and any other agreed-upon change. 5.04 National's Performance. National shall perform the Deployment in accordance with the Deployment Plan and in such a manner so as to not disrupt IRC's business operations (except to the extent that National has provided IRC with reasonable advance written notice of such disruption and IRC has agreed in writing that such disruption is acceptable). National shall provide all cooperation and assistance reasonably required and requested by IRC in connection with IRC's evaluation of the Services. 220 ARTICLE 6. BOARD APPROVALS AND CONSENTS 6.01 Board Approvals. IRC shall use commercially reasonable efforts to obtain and maintain the Board Approvals. Upon IRC's request, National will cooperate with and assist IRC in obtaining and maintaining any such Board Approvals. 6.02 Consents. National shall use commercially reasonable efforts to obtain and maintain all Consents, with IRC's cooperation. ARTICLE 7. COMPLIANCE WITH LAW AND REGULATIONS 7.01 Compliance with Law. National shall comply with all applicable federal, state, local or other Laws applicable to National and/or its performance of the Services, and shall obtain all applicable permits and licenses required of National in connection with its obligations under this Agreement. Without limiting the generality of the foregoing, National shall (1) comply with the applicable employment practice requirements of Executive Order 11246 of September 24, 1965, and applicable regulations promulgated thereunder, and (2) be solely responsible for being aware of and initiating, maintaining and supervising compliance with all safety Laws, precautions, and programs in connection with the performance of the Services. Prior to performing any Services, National shall ensure that National Personnel and National Agents are fully informed of all safety, health, and security Laws pertaining to the Services they are to perform. 7.02 Changes in Law and Regulations. (1) National shall promptly identify and notify IRC of any changes in Law that may relate to IRC's use of the Services or National's delivery of the Services. National and IRC shall work together to identify the impact of such changes on how IRC uses, and National delivers, the Services. National shall be responsible for any fines and penalties arising from any noncompliance with any Law, except that IRC shall be responsible for any fines and penalties arising from any noncompliance by IRC with any Law relating to IRC's use of the Services, to the extent such noncompliance was not caused by National. (2) National shall perform the Services regardless of changes in Law, unless such changes in Law would make it unlawful to continue to perform the Services or a portion thereof. If such changes in Law impact how National or IRC performs its obligations under this Agreement, National shall develop and, upon IRC's approval, implement a suitable workaround until such time as National or IRC, as applicable, can perform its obligations under this Agreement without such workaround; provided, however, that if such workaround results in an increase in the Charges or IRC's costs, then (a) IRC may, upon notice to National, terminate this Agreement, in whole or in part, as of the termination date specified in the notice, without cost or penalty and without the payment of any 221 (3) J termination charges, or (b) IRC may request that such workaround be implemented, and the Parties shall negotiate and implement an equitable adjustment to the applicable Charges. Any Changes in the Services required for the Services to comply with a change in any Law shall be the subject of a Change Order. ARTICLE 8. COMPLIANCE WITH INDIAN RIVER COUNTY POLICIES AND PROCEDURES 8.01 Installation, Testing and Product Standards. National shall comply with the installation, testing and quality standards as described in Exhibit 1. 8.02 Safety and Security Procedures. National shall comply with the safety and security procedures of IRC and its customers. 8.03 Computing System Access and Security Review Obligations. (1) If IRC determines in its sole discretion that, in order for National to perform the Services, National may require access to IRC's communications and computing systems, which include computers, servers, applications, files, electronic mail, electronic equipment, wireless devices, data resources, and IRC -sponsored connections to the Internet communications network (collectively, "Computing Systems"), then IRC shall grant National access to such Computing Systems, provided that such access shall be subject to the conditions herein provided. IRC authorizes National to access the Computing Systems only for the purpose of National performing the Services in accordance with the terms of the Agreement. In the event National was previously granted access, or is granted access, to IRC's Computing Systems, National represents, warrants and covenants that (a) if applicable, it has accessed such Computing Systems only as required to perform the Services and in compliance with the requirements set forth in this Section, and (b) it shall only access such Computing Systems as required to perform the Services in accordance with the terms of the Agreement. (2) National shall promptly identify in writing to IRC those National Personnel who will, in order to perform the Services, require access to such Computing Systems, and IRC shall, issue appropriate computer and/or e-mail accounts, passwords and access authorizations to National and such National Personnel. When any National Personnel with Computing Systems access is reassigned to non -IRC work or is no longer employed by National or National Agents (as applicable), National shall immediately notify the IRC Project Manager by email that such personnel will no longer be performing any of the Services and IRC may immediately delete Computing System access for such employee or agent. 222 National shall confirm such verbal notification in writing to the IRC Project Manager, or designee, within 24 hours of the verbal notification. Upon delivery of written notice to the IRC Project Manager, National shall immediately deliver all IRC -owned Computing Systems equipment that may have been issued or loaned to such re- assigned or terminated National Personnel. (3) National shall comply, and shall cause National Personnel who access the Computing Systems to comply, with all IRC policies and procedures in regard to such access. National shall ensure that the Computing Systems, any user accounts, passwords or any other access authorizations, and all IRC information and data contained in the Computing Systems, remain secure during National access and that the Computing Systems and all information and data retrieved during such access remain confidential, secure and protected from disclosure to unauthorized parties. (4) National shall be responsible for any breach of this Section by National Personnel, or by any other person who obtained access to the Computing Systems from National in violation of this Section, and National shall notify IRC immediately in the event National has reason to know or suspect that a breach of this Section may have occurred. In the event IRC determines that any National Personnel may have breached this Section, IRC may immediately revoke or terminate National's or National Agents' access to IRC Computing Systems; provided, however, that such revocation or termination shall not relieve National of its obligations to perform the Services in accordance with the terms of the Agreement. Notwithstanding the foregoing right to revoke or terminate National's access to IRC's Computing Systems, IRC may exercise any other legal or equitable right to terminate the Agreement and may exercise any other remedy that may be available to it at Law or in equity or under the Agreement. (5) National shall execute, and shall cause the National Personnel and National Agents' personnel to execute, any documents IRC may deem reasonably necessary to ensure compliance with this Section. (6) National represents, warrants and covenants to IRC that it and National Agents have each taken, and will continue to take, all commercially reasonable steps necessary, including the implementation of security industry best practices, to maintain the confidentiality, integrity and availability of its own computing systems. IRC or its authorized representative shall have the right at any time to examine National's and National Agents' records and reports relating to their respective security policies, practices and procedures, including any internal, external or regulatory audit reports or reviews relating to the security of National's or National Agents' computing systems, and their compliance therewith, and National represents and warrants that it has the authority to grant IRC or its authorized representatives such access to National Agents' records and reports. 8.04 Workforce Requirements and Fitness for Duty. National Personnel shall comply 223 with the requirements set forth in this Section. Failure to comply with these requirements may result in the withholding of payment of invoices until such requirements are satisfied and/or IRC's cancellation of the Contract without any penalty or notice. In addition, National shall be liable for any additional expenses related to special processing, investigations and badging, which result from non-compliance with these requirements. (1) During the provision of the Services, National shall immediately notify IRC whenever National becomes aware of evidence that any National Personnel, who has, or will have, any involvement in the provision of the Services, has been convicted of a felony or any crime of fraudulent nature. (2) IRC supports a diverse work force and prohibits unlawful employment discrimination and harassment of every kind, including sexual harassment, in accordance with state and federal Laws. Whenever present on IRC property or facilities, National shall require National Personnel, and National Agents to comply with all applicable federal and state statutes, acts, regulations, codes and standards prohibiting conduct that might reasonably be construed as violating state or federal equal opportunity Laws, including conduct such as making sexually suggestive jokes or remarks, touching, assaulting, making gestures of a sexual or suggestive nature, and impeding or blocking any IRC employee's or IRC Agents' movement. (3) National shall require that the National Personnel and the personnel of National Agents: (a) shall report for work in a manner fit to do their job; (b) shall not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except a controlled substance as prescribed by a physician for such person so long as the performance or safety of the Services is not affected thereby); and (c) shall not have been convicted of a felony, any crime of a fraudulent nature, or any criminal offense that may have a discernible adverse impact on IRC. Searches by IRC authorized representatives may be made of lockers, storage areas, vehicles, persons or personal effects on IRC -owned or leased property at various times without prior announcement. Such facility inspections may be conducted using detection dog teams to search work areas and other common areas in order to detect evidence of unlawful drug use or any prohibited items, including pyrotechnics, explosives, firearms, weapons, or facsimiles thereof, alcohol and illegal drugs ("Prohibited Items"). Prohibited Items must not be brought onto or kept on IRC property. National shall advise National Personnel of the requirements set forth in this Section before National Personnel enter a Service Location or access a jobsite, and National shall immediately remove from such Service Location or jobsite any person determined to be in violation of this Section. National shall impose the requirements set forth in this Section on National Agents. IRC may cancel any portion of the Services if National violates this Section. 224 ARTICLE 9. SERVICE LEVELS AND QUALITY ASSURANCE 9.01 Service Levels. National shall perform the Services in accordance with the Service Levels set forth in Exhibit 1 and Exhibit 2. With respect to those components of the Services for which a Service Level is not defined, the performance of such Services by National shall be at a level at least equal to the service levels satisfied by well-managed operations performing services similar to the Services. 9.02 Failure to Perform. (1) In the event of a Service Level Default, National shall immediately (a) investigate, assemble and preserve pertinent information with respect to, and report on the causes of, the problem, including performing a root cause analysis of the problem; (b) advise IRC, as and to the extent requested by IRC, of the status of remedial efforts being undertaken with respect to such problem; (c) minimize the impact of and correct the problem and begin meeting the Service Level; and (d) take appropriate preventive measures so that the problem does not recur. (2) National recognizes that a Service Level Default may have a material adverse impact on the business and operations of IRC. Accordingly, in the event that the Services fail to meet an applicable Service Level for reasons other than those that are excused pursuant to Section 9.03, then in addition to any other remedies available to IRC under this Agreement, at Law or in equity, IRC may elect to recover for such Service Level Default the respective Corrective Action as set forth in Exhibit 2. 9.03 Excused Performance. To the extent that any Service Level Default is directly attributable to: (1) a Force Majeure Event; (2) a breach of this Agreement by IRC that prevents National from meeting the applicable Service Level; or (3) acts or omissions of IRC or a Third - Party Provider not under National's direction or control, then such Service Level shall be excused, and no Corrective Action shall accrue with respect to such Service Level Default, provided that (a) National was unable to alert IRC of the consequences of such acts or omissions or IRC disregarded any such alert by National as to the consequences of such acts or omissions, and (b) National was unable to take reasonable steps to avert such consequences. 9.04 Measurement and Monitoring Tools. As of the Effective Date, National shall implement the measurement and monitoring tools and procedures required to measure and report (as contemplated by Section 9.05) National's performance of the Services against the applicable Service Levels. Such measurement and monitoring tools and procedures shall (1) permit reporting at a level of detail sufficient to verify compliance with the Service Levels and (2) be subject to audit by IRC or its designee. Upon request, National shall provide IRC and its designees with information concerning access to such measurement and monitoring tools and procedures for inspection and verification purposes. 225 9.05 Service Level Reporting. No later than the fifth day of each month during the Term and Termination Assistance Period, National shall provide IRC with a monthly performance report describing, as measured pursuant to Section 9.04, National's performance of the Services in the preceding month, which report shall be made available to IRC in an online, electronic form (the "Monthly Service Level Report"). The Monthly Service Level Report shall: (1) assess the degree to which National has attained or failed to attain the Service Levels: (2) explain any Service Level Defaults and include a plan for corrective action where appropriate; (3) identify any problems or issues that are being caused by the acts or omissions of any third - party providers known to National and the steps being taken to resolve any such problems or issues: and (4) include such documentation and other information as IRC may reasonable request to verify compliance with the Service Levels. 9.06 Quality Assurance. National, as part of its total quality management process and without limiting any other National obligations set forth in this Agreement, shall provide continuous quality assurance and quality improvement through (1) the identification and application of proven techniques, tools, processes and methodologies being used elsewhere within its operations (i.e., "best practices"), and (2) the implementation of programs, practices and measures designed to improve the Service Levels. Such procedures shall include checkpoint reviews, testing, acceptance, and other procedures for IRC to confirm the quality of National's performance. National shall utilize project management tools and methodologies, including productivity aids and project management systems, as appropriate in performing the Services. ARTICLE 10. CUSTOMER SATISFACTION 10.01 Customer Satisfaction. IRC may, from time to time during the Term, request National to participate in customer satisfaction surveys, in respect of any aspect of the Services. The timing, content, scope and method of the survey shall be determined by IRC. National shall use its best efforts to promptly correct deficiencies identified by such customer satisfaction surveys that are attributable to National, including National's performance of the Services. ARTICLE 11. INDIAN RIVER COUNTY RESPONSIBILITIES 11.01 IRC Responsibilities. (1) IRC shall appoint an individual (the "IRC Project Manager") who from the Effective Date shall serve as the primary IRC representative under this Agreement. IRC shall notify National upon appointment of the IRC Project Manager. The IRC Project Manager shall (a) have overall responsibility for managing and coordinating the performance of IRC's obligations under this Agreement, and (b) be authorized to act for and on behalf of IRC with respect to 226 all matters relating to this Agreement. Notwithstanding the foregoing, the IRC Project Manager may, upon notice to National, delegate such of his or her responsibilities to other IRC employees or representatives, as the IRC Project Manager deems appropriate. Only the IRC Project Manager, or personnel expressly designated as the IRC Project Manager's delegates shall be authorized to make commitments on the part of IRC that commit IRC resources. IRC reserves the right to change the IRC Project Manager at any time during the Term and Termination Assistance Period. (2) In connection with the provision of the Services, IRC shall (a) cooperate with National, including by making available management decisions, information, approvals and acceptances as reasonably requested by National, and (b) perform the responsibilities (the "Indian River County Responsibilities"). (3) IRC's failure to perform its responsibilities set forth in this Agreement shall not be deemed to be grounds for termination by National. National's nonperformance of its obligations under this Agreement shall be excused if and to the extent (a) such nonperformance by National results from IRC's failure to perform any responsibilities of IRC that are set forth in this Agreement; and(b) National provides IRC with reasonable notice of such nonperformance and uses commercially reasonable efforts to perform notwithstanding IRC's failure to perform. ARTICLE 12. SERVICE LOCATIONS AND FACILITIES 12.01 Service Locations. The Services shall be from the Designated National Service Locations. National and National Agents may not provide or market services to a third -party from a Designated National Service Location without IRC's consent. 12.02 National Safety and Security Procedures. National shall maintain and enforce at the Designated National Service Locations safety and security procedures that are at least equal to the highest of (1) industry standards for locations similar to the Designated National Service Locations; (2) the procedure in effect at locations of other National customers; and (3) any higher standard otherwise agreed upon by the Parties. 12.03 National Data Connections. National shall be responsible for providing any data connection between any of the Designated National Service Locations and IRC -designated points of access to the IRC data network, and for secure firewalls to be located at Designated National Service Locations (the "National Data Connection") that are necessary to provide the Services from a Designated National Service Location. National shall use the National Data Connection to the IRC data network only for the purpose of delivering the Services. National shall be responsible for managing and maintaining the National Data Connection, and for managing and maintaining the firewalls at its end of the National Data Connection and all of its networks and Equipment on its side of the firewall. 227 12.04 Data Connection Security. National shall cause all National Data Connections to comply with IRC's data and network security policies as such policies are provided by IRC to National from time to time during the Term and Termination Assistance Period. ARTICLE 13. NATIONAL PERSONNEL 13.01 National Project Coordinator. National shall appoint an individual (the "National Project Coordinator") who shall be the primary National representative under this Agreement. The National Project Coordinator or their designee shall be available to IRC at all times when Services are being performed and shall make reasonable efforts to be reachable by cell phone or other means at all other times. The National Project Coordinator shall (1) have overall responsibility for managing and coordinating the performance of National's obligations under this Agreement, (2) serve as the single point of accountability for National for the Services, and (3) be authorized to act for and on behalf of National with respect to all matters relating to this Agreement. The National Project Coordinator shall be a Key National Position. 13.02 Key National Positions. (1) In addition to the position of National Project Coordinator, IRC may designate a National position as "Key National Position". National shall cause each of the National Personnel filling the Key National Positions to devote substantially full time and effort to the provision of the Services for at least 12 months from the date that such National Personnel are assigned to fill each Key National Position, unless (a) a different period is specified in Exhibit 1, or (b) an individual voluntarily resigns, is dismissed by National for cause, or dies or is unable to work due to illness or disability. (2) The National Personnel designated as of the Effective Date to fill the Key National Positions are listed in Exhibit 1. IRC may from time to time change the positions designated as Key National Positions under this Agreement, provided that without National's consent, the number of Key National Positions shall not exceed the number then currently specified in Exhibit 1. (3) Before assigning an individual to a Key National Position, whether as an initial assignment or a subsequent assignment, National shall notify IRC of the proposed assignment, introduce the individual to appropriate IRC representatives, provide such representatives upon request with the opportunity to interview the individual, and provide IRC with a resume and other information about the individual reasonably requested by IRC (except to the extent prohibited by Law). If IRC in good faith objects to the proposed assignment, the Parties shall attempt to resolve IRC's concerns to the reasonable satisfaction of IRC. If the Parties have not been able to resolve IRC's concerns within five business days, National shall (a) not assign the individual to that position, and (b) propose to IRC the assignment of another individual of suitable ability and qualifications. Individuals filling Key National Positions may not be transferred or 228 re -assigned until a suitable replacement has been approved by IRC, and no such transfer shall occur at a time or in a manner that would have an adverse impact on delivery of the Services. 13.03 Qualifications, Retention and Replacement of National Personnel. (1) National shall assign an adequate number of National Personnel to perform the Services. National Personnel shall be properly educated, trained and qualified with respect to the Services they are to perform. National acknowledges and agrees that it shall be the responsibility of National to provide adequate levels of training and education so that the National Personnel remain current as to recent developments in meter deployment and installation practices, methods, techniques, tools and processes and any other industry and technology developments that are necessary for such National Personnel to properly perform the Services. IRC shall not be required to pay to train or educate any National Personnel. (2) National shall provide IRC with a list of all National Personnel dedicated full-time to providing the Services (a) at the end of every calendar month until completion of Services in Exhibit 1, and (b) upon the occurrence of any change in such National Personnel. (3) All National Personnel shall (a) report for work in a manner fit to do their job, (b) not be under the influence of or in possession of any alcoholic beverages or of any controlled substance (except as prescribed by a physician so long as the performance or safety of the work is not affected thereby) and (c) not have been convicted of any serious criminal offense which may have a discernible adverse impact on IRC. (4) National will be solely responsible for compliance with immigration and visa Laws and requirements in respect of the National Personnel. National represents and warrants that all non -United States citizens who are assigned by National or National Agents to perform the Services within the United States (a) will hold appropriate and valid visas or other work authorizations, and (b) will not be provided by National with any technology or information in violation of any Laws applicable to National in the provision of the Services. (5) National agree that it is in their best interests to keep the attrition rate of National Personnel to a reasonably low level. National shall use commercially reasonable efforts to keep such attrition rate to a reasonably low level. Notwithstanding transfer, attrition or other turnover of National Personnel, National remains obligated to perform the Services without degradation and in accordance with the terms of this Agreement. (6) In the event that IRC determines in good faith that the continued assignment to IRC's account of any of the National Personnel is not in the best interests of IRC, then IRC shall give National written notice to that effect and National shall replace that person with another person of suitable ability and qualifications. 229 13.04 Subcontractors. Prior to subcontracting any of the Services, National shall notify IRC of the proposed subcontract and shall obtain IRC's written approval of such subcontract. Prior to amending, modifying or otherwise supplementing any subcontract relating to the Services, National shall notify IRC of the proposed amendment, modification or supplement and shall obtain IRC's written approval thereof. (1) No subcontracting arrangement shall release National from its responsibility for its obligations under this Agreement. National shall be responsible for the work and activities of each of its subcontractors, including compliance with the terms of this Agreement. National shall be responsible for all payments to its subcontractors. (2) National shall promptly pay for all services, materials, equipment and labor used by National in providing the Services and shall indemnify IRC from, and defend IRC against, any liabilities or expenses (including reasonable attorneys' fees and expenses) connected with National's failure to promptly pay for such services, materials, equipment or labor and shall keep the IRC premises free of all liens. 13.05 Conduct of National Personnel. While in performance of Services, National and National Agents shall (1) comply with the requests, standard rules and regulations of IRC and IRC customers regarding safety and health, personal and professional conduct (including the wearing of a particular uniform, identification badge or personal protective equipment and adhering to facility regulations and general safety practices or procedures), including those IRC policies and procedures, and (2) otherwise conduct themselves in a businesslike manner. National shall cause the National Personnel to maintain and enforce the confidentiality provisions of this Agreement. If IRC determines that a particular member of the National Personnel is not conducting himself or herself in accordance with this Section, IRC may notify National of such conduct. Upon receipt of such notice, and provided that immediate removal of the applicable person would not be required under Section 8.03(4), National shall promptly investigate the matter and take appropriate action which may include (a) removing the applicable person from the IRC account and providing IRC with prompt notice of such removal and replacing the applicable person with a similarly qualified individual or (b) taking other appropriate disciplinary action to prevent a recurrence. In the event of a violation of Section 8.03 by a particular member of the National Personnel, National shall promptly remove the individual as set forth in (a) in the preceding sentence. In the event of repeat violations of this Section by a particular member of the National Personnel, National shall promptly remove the individual from the IRC account as set forth in (a) above; provided, however, that any disagreement between IRC and National in respect of any such repeat violations shall be resolved in accordance with Article 25. ARTICLE 14. INTENTIONALLY LEFT BLANK 230 ARTICLE 15. CONTROL AND MANAGEMENT 15.01 Reports and Meetings. (1) National shall provide to IRC those reports described in Exhibit 1 at the frequencies set forth therein. (2) National shall participate in the meetings described in Exhibit 1 and any other meetings reasonably requested by IRC in connection with this Agreement. National shall prepare and circulate an agenda sufficiently in advance of each meeting to give participants an opportunity to prepare for the meeting. National shall incorporate into such agenda items that IRC desires to discuss. National shall prepare and circulate minutes promptly after each meeting. ARTICLE 16. INTELLECTUAL PROPERTY RIGHTS 16.01 National Software. (1) National shall be responsible in all respects for the National Software, Tools and methodologies it uses in connection with providing the Services. Upon IRC's request, National shall provide IRC with a list of all National Software, Tools and methodologies being used in connection with the Services as of the date of such request. As of the Effective Date, the National Software, Tools and methodologies that will be used by National to provide the Services are listed in Exhibit 1. (2) To the extent IRC (or any Third -Party Provider) requires the use of any National Software, Tools or Methodologies in order to work with National in the Deployment or receive the benefit of the Services, National hereby grants to IRC a non-exclusive, worldwide, fully paid up, royalty free license to Use (and to allow third parties to Use solely for the benefit of IRC to support and operate IRC's business) the National Software, Tools and Methodologies for use in connection with the Services during the Contract Term. 16.02 IRC Software. As between IRC and National, all right, title and interest in and to the IRC Software shall remain the exclusive property of IRC. IRC hereby grants to National, solely as required to provide the Services, a non-exclusive, non -transferable, limited right to have access to and (1) use the IRC Proprietary Software, (2) use, to the extent permissible under the applicable third -party agreements, the IRC Third -Party Software and (3) use, to the extent permissible under the applicable third -party agreements, any Related Documentation in IRC's possession on or after the Effective Date. National may sublicense, to the extent permissible under the applicable third -party agreements, to National Agents the right to have access to and use the IRC Software solely to provide those Services that such National Agents are responsible for providing and as may otherwise be agreed to by the Parties. 231 16.03 Export. The Parties acknowledge that certain Documents, Software, Equipment and technical data to be provided hereunder and certain transactions hereunder may be subject to export controls under the Laws of the United States and other countries. Neither Party shall export or re- export any such items or any direct product thereof or undertake any transaction in violation of any such Laws. To the extent within National's control, National shall be responsible for, and shall coordinate and oversee, compliance with such export Laws in respect of such items exported or imported under this Agreement. 16.04 Bankruptcy Code. Any license granted by National under this Agreement shall be a license of "intellectual property rights" as defined in Section 365(n) of title XI, U.S. Bankruptcy Code, and any such license shall be governed by such Section of the Bankruptcy Code in the event that National seeks or is involuntarily placed under the protection of the Bankruptcy Code. ARTICLE 17. APPROVAL OF DOCUMENTS 17.01 Submission and Approval of Documents. (1) Upon delivery by National to IRC of any Documents, IRC shall review such Documents to determine if it conforms to IRC's requirements for such Documents, including those requirements set forth in Exhibit 1. (2) If IRC reasonably determines that such Documents do not conform to the applicable Documents Requirements, IRC shall so notify National in writing setting forth in reasonable detail (to the extent possible) any errors or deficiencies. National shall correct or rework such Documents so that it conforms to the applicable Documents Requirements, within 10 days (or such other time period as agreed upon by the Parties) of National's receipt of notice of non-acceptance. Such correction shall be performed by National at no additional charge to IRC. (3) Upon redelivery of such Documents to IRC, IRC shall review such Documents and advise National within five days whether it conforms to its Documents Requirements; provided, however, that after the earlier of (a) two attempts by National to correct such Documents, and (b) 21 days after the initial delivery of such Documents, such Documents shall be deemed to not conform to the applicable Documents Requirements and Section 17.02 shall apply. (4) If IRC determines that a Documents conforms to its Documents Requirements, IRC shall, in a timely manner, notify National in writing of IRC's acceptance of such Documents. 17.02 Non -conforming Documents. If Documents do not conform to the Documents Requirements, pursuant to Section 17.01(3), then IRC shall be entitled, at its option, to accept 232 the non -conforming Documents subject to such reduction in the applicable Charges payable under Exhibit 2, as determined (a) by agreement of the Parties, or (b) pursuant to the dispute resolution procedures set forth in Article 25 if the Parties cannot agree to the amount of reduction within 30 days after IRC requests a reduction. 17.03 Change Control Procedures. (1) No Change shall be implemented without IRC's approval, except as may be necessary on a temporary basis to maintain the continuity of the Services. (2) IRC shall describe all Changes, whether proposed by IRC or National, in a Change Order and submit the proposed Change Order to National for approval. (National shall propose any Change in a request to the IRC Project Manager and IRC may, at its sole discretion, elect to prepare a proposed Change Order in respect of such Change.) National shall promptly review any proposed Change Order. Within two working days after National receives a proposed Change Order from IRC, National shall notify IRC of any objections to such proposed Change Order and National shall work with IRC to promptly resolve those objections. If any proposed Change Order would result in an increase in the cost to National of providing the Services or in a change to the schedule upon which any Services are to be provided, the Parties shall negotiate an equitable adjustment to the Charges, the schedule, or both, as appropriate. National's delivery to IRC of a Change Order (as approved by IRC) signed by National, or National's implementation of the Changes in such order, constitutes National's agreement to such order and all Changes therein. All Change Orders issued by IRC and accepted by National as described herein shall amend where applicable the terms of this Agreement. Change Orders resulting in an increase in cost or a substantial change in the expectations set forth in this agreement may require Board Approval and will not be deemed accepted until such approval is obtained. (3) With respect to all Changes, National shall (a) other than those Changes made on a temporary basis to maintain the continuity of the Services, schedule Changes so as not to unreasonably interrupt IRC's business operations, (b) prepare and deliver to IRC each month a rolling schedule for ongoing and planned Changes for the next three month period and (c) monitor the status of Changes against the applicable schedule. (4) With respect to any Change made on a temporary basis to maintain the continuity of the Services, National shall document and provide to IRC notification (which may be given orally provided that any oral notice must be confirmed in writing to IRC within three business days) of the Change no later than the next business day after the Change is made. ARTICLE 18. PROTECTION OF INDIAN RIVER COUNTY DATA 233 18.01 Ownership of IRC Data. All IRC Data is and shall remain the property of IRC and shall be deemed Confidential Information of IRC. National shall not possess or assert any lien or other right against or to the IRC Data. Without IRC's approval (in its sole discretion), the IRC Data shall not be (1) used by National or National Agents other than in connection with providing the Services, (2) disclosed, sold, assigned, leased or otherwise provided to third parties by National or National Agents unless required by law or (3) commercially exploited by or on behalf of National or National Agents. National hereby irrevocably assigns, transfers and conveys, and shall cause National Agents to assign, transfer and convey, to IRC without further consideration all of its and their right, title and interest in and to the IRC Data. Upon request by IRC, National shall execute and deliver, and shall cause National Agents to execute and deliver, any financing statements or other documents that may be necessary or desirable under any federal, state, or local Law to preserve, or enable IRC to enforce, its rights hereunder with respect to the IRC Data. 18.02 Data Security. National shall establish and maintain safeguards against the destruction, loss or alteration of the IRC Data in the possession or control of National (the "Data Safeguards") that shall be no less rigorous than those (1) required by applicable Federal, state, local or other Laws, (2) IRC data security policies in effect as of the Effective Date, (3) National's data security policies in effect as of the Effective Date at each Designated National Service Location. National shall revise and maintain the Data Safeguards at IRC's request. In the event National intends to implement a change to the Data Safeguards (including pursuant to IRC's request), National shall notify IRC and, upon IRC's approval, implement such change. 18.03 Privacy Requirements. National shall perform its obligations under this Agreement with respect to all IRC Perconally Identifiable Infomration ("PII") in compliance with all applicable Laws relating to the collection, dissemination, transfer and use of data, and the privacy and security of confidential, personal, sensitive or other protected data (collectively, "Privacy Laws") as applicable to National's use of, access to and custody of IRC PII. Without limiting the generality of the foregoing, certain Privacy Laws may require National to cause National Personnel with access to applicable IRC PII to execute confidentiality and non- disclosure agreements. National shall reasonably cooperate with IRC in connection with IRC's efforts to comply with applicable Privacy Laws. Nothing in this Agreement shall be deemed to prevent any Party from taking the steps it reasonably deems necessary to comply with any Privacy Laws applicable to it in connection with this Agreement. The Parties acknowledge that IRC alone shall determine the purposes for which any IRC PII shall be processed in the performance, provision or receipt of the Services. IRC shall not provide National with access to IRC PII unless it is reasonably necessary for National to have access to such IRC PII in connection with performing the Services. 18.04 Notification of Breach. In the event National or National Agents discovers or is notified of a breach or potential breach of security relating to the IRC Data, National shall immediately (1) notify the IRC Project Manager of such breach or potential breach and (2) if the applicable IRC Data was in the possession of National or National Agents at the time of such breach or 234 potential breach, National shall (a) investigate and cure the breach or potential breach and (b) provide IRC with assurance satisfactory to IRC that such breach or potential breach will not recur. 18.05 Correction of Errors. At National's expense, National shall promptly correct any errors or inaccuracies in the IRC Data and the reports delivered to IRC under this Agreement, to the extent caused by National or National Agents. At IRC's request, and at National's expense, National shall promptly correct any other errors or inaccuracies in the IRC Data or such reports caused by input of National processes or resources. 18.06 Return of Data. Upon request by IRC at any time during the Term, upon expiration or termination of this Agreement or during the Termination Assistance Period, National shall (1) promptly return to IRC, in the format and on the media requested by IRC, all or any part of the IRC Data and (2) erase or destroy all or any part of the IRC Data in National's possession, in each case to the extent so requested by IRC. Any archival mediums containing IRC Data shall be used by National and National Agents solely for back-up purposes. ARTICLE 19. CONTINUED PROVISION OF SERVICES 19.01 Force Majeure. If and to the extent that a Party's performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed by fire, flood, earthquake, hurricane, elements of nature or acts of God, union work stoppages, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or any other similar cause beyond the reasonable control of such Party (each, a "Force Majeure Event"), or by the declaration of a Force Majeure Event of a Third -Party Provider, and such non-performance, hindrance or delay could not have been prevented by reasonable precautions, then that Party shall be excused for such non- performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and such Party continues to use its best efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other Party of the occurrence of the Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event. The occurrence of a Force Majeure Event does not excuse, limit or otherwise affect National's obligation to provide either normal recovery procedures or any other Disaster recovery services described in Section 19.02. 19.02 Business Continuity and Disaster Recovery Plan. (1) National shall (a) develop, submit to IRC for IRC's review and approval, and implement a business continuity and disaster recovery plan (a "DRP") acceptable to IRC within 10 days of the Effective Date, (b) periodically update 235 and test the operability of the DRP during every 12 month period that the DRP is fully operational, (c) certify to IRC at least twice during every 12 month period that the DRP is fully operational and (d) implement the DRP upon the occurrence of a Disaster. National shall use its best efforts to ensure that the DRP incorporates industry standards and proven technologies in the planning and recovery from disasters. National shall also define and implement regular system backup and recovery procedures as set forth in the DRP. After approval by IRC, the DRP shall be incorporated into Exhibit 1. (2) National shall (a) notify IRC on or before the next business day after the occurrence of a Disaster affecting the Services identified in Exhibit 1 (b) on or before the fifth business day after the occurrence of such a Disaster either (i) reinstate such Services or (ii) present to IRC a written plan for the reinstatement of such Services and reinstate such Services on or before the twentieth business day after the occurrence of such a Disaster. (3) In the event of a Disaster, National shall not increase its charges under this Agreement or charge IRC usage fees in addition to the Charges. 19.03 Termination. If a Disaster occurs and National is unable to provide the Services, and IRC is unable to perform or receive the Services from a third -party service provider for a period of 10 days or more, IRC may, in its sole discretion, terminate this Agreement or remove such impacted Services from the scope of this Agreement. IRC will not be liable to National for any early termination charges for any such termination. IRC's rights under this Section shall be cumulative with all of its other rights and remedies under this Agreement. ARTICLE 20. PAYMENTS TO NATIONAL 20.01 Charges. In consideration of National providing the Services, IRC shall pay to National the Charges set forth in Exhibit 2. Except as expressly set forth in Exhibit 2, there shall be no charges or fees payable by IRC in respect of National's performance of its obligations pursuant to this Agreement. 20.02 Detailed Invoices. National shall provide to IRC's Accounts Payable Division invoices with the detail described in Exhibit 2. 20.03 Progress Payments. IRC shall make progress payments to National on the basis of the approved partial payment request as recommended by the IRC PM in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes Section 218.70 et. seq. IRC shall retain ten percent (10%) of the payment amounts due to National until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to IRC by the IRC PM in writing, IRC shall retain five percent (5%) of the payment amount due to National until final completion and acceptance of all work to be performed by National under the Contract Documents. Pursuant to Florida Statutes Section 236 218.735(8)(b), fifty percent (50%) completion means the point at which the County has expended fifty percent (50%) of the total cost of the construction services work purchased under Exhibit 1, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 20.04 Pay Requests. Each request for a progress payment shall contain National's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes Section 218.735(8)(d), National may submit a pay request to IRC for up to one half (1/2) of the retainage held by IRC, and IRC shall promptly make payment to National unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes Section 255.05(2005); or otherwise the subject of a claim or demand by IRC or National. National acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, National shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes Section 218.735(8)(c)(2005), National further acknowledges and agrees that: 1) the IRC shall receive immediate written notice of all decisions made by National to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) National will not seek release from the IRC of the withheld retainage until the final pay request. 20.05 Billing and Payment Disputes. Billing and payment disputes shall be subject Florida Statutes Section 218.76. 20.06 Liquidated Damages. National and IRC recognize that time is of the essence of this Agreement and that IRC will suffer financial Toss if the Work is not completed within the times specified in Exhibit 1, plus any extensions thereof allowed in writing as a Change Order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by IRC if the Work is not completed on time. Accordingly, instead of requiring any such proof, IRC and National agree that as liquidated damages for delay (but not as a penalty), National shall pay IRC $1,148.00 for each calendar day that expires after the time specified in Exhibit 1 for completion and readiness for final payment until the Work is completed and ready for final payment. 20.07 Accountability. National shall maintain complete and accurate records of and supporting documentation for the amounts billable to and payments made by IRC hereunder in accordance with generally accepted accounting principles applied on a consistent basis. National agrees to provide IRC with documentation and other information with respect to each invoice as may be reasonably requested by IRC to verify accuracy and compliance with the provisions of this Agreement. 237 20.08 Taxes. The Parties' respective responsibilities for taxes arising under or in connection with the Agreement shall be as follows: (1) Each Party shall be responsible for any personal property taxes on property it owns or leases, for franchise and privilege taxes on its business, and for taxes based on its net income or gross receipts. (2) National shall be responsible for any sales, use, excise, value-added, services, consumption and other taxes and duties payable by National on the goods or services used or consumed by National in providing the Services -where the tax is imposed on National's acquisition or use of such goods or services and the amount of tax is measured by National's costs in acquiring such goods or services. (3) National shall be responsibile for any sales, use, excise, value- added, services, consumption or other tax becoming applicable during the Term or during the Termination Assistance Period (or that is increased during the Term or the Termination Assistance Period) that is assessed on the provision of the Services as a whole, or on any particular component of the Services. IRC is tax exempt. ARTICLE 21. AUDITS 21.01 Services. Upon notice from IRC, National and National Agents shall provide IRC or IRC Agents with access to any information and any assistance that they may require for the purpose of performing audits or inspections of the Services and the business of IRC relating to the Services. If any audit by an auditor designated by IRC or an IRC Agent results in National being notified that National or National Agents are not in compliance with any Law, regulation or audit requirement, National shall, and shall cause National Agents to, promptly take actions to comply with such Law, regulation or audit requirement. National shall bear the expense of any such response that is (a) required by a Law, regulation or other audit requirement relating to National's business or (b) necessary due to National's noncompliance with any Law, regulation or audit requirement imposed on National. To the extent the expense is not payable by National pursuant to the preceding sentence, IRC shall bear the expense of any such compliance that is (a) required by a Law, regulation or other audit requirement relating to IRC's business or (b) necessary due to IRC's noncompliance with any Law, regulation or audit requirement imposed on IRC. 21.02 Charges. Upon notice from IRC, National shall provide IRC and IRC Agents with access to such financial records and supporting documentation as may be requested by IRC and IRC and IRC Agents may audit the Charges charged to IRC to determine if such Charges are accurate and in accordance with this Agreement. (1) If, as a result of such audit, IRC determines that National has overcharged IRC, IRC shall notify National of the amount of such overcharge and National shall 238 promptly pay to IRC the amount of the overcharge, plus Interest calculated from the date of receipt by National of IRC's payment of the overcharged amount until the date of payment reimbursing IRC. (2) In addition to IRC's rights set forth in Section 21.02(1), in the event any such audit reveals cumulative overcharges to IRC of $10,000 or more in any rolling 12 - month period, National shall reimburse IRC for the reasonable cost of each audit that revealed such overcharges. 21.03 Data. Upon notice from IRC, National and National Agents shall provide IRC and IRC Agents with access to any information and any assistance that they may require for the purpose of performing audits or inspections to verify the integrity of IRC Data and examine the Systems that process, store, secure and transmit that data. 21.04 Audit Follow -Up. Following an audit, IRC shall conduct, or request its.external auditors to conduct, an exit conference with National to discuss the issues identified in the review. National and IRC shall meet to review each audit report promptly after the issuance thereof and agree upon the appropriate manner, if any, in which to respond to the changes suggested by the audit report. 21.05 Compliance Requirements. National recognizes that IRC will be subject to Compliance Requirements. National shall provide reasonable assistance to the extent necessary to assist IRC to comply with such requirements solely as they relate to National's provision of Services hereunder in connection with the Deployment. National will comply with IRC's financial reporting and control processes communicated to National by IRC and provide IRC with copies of related records, reports and data maintained by National as necessary for IRC to satisfy Compliance Requirements. 21.06 Record Retention. National shall retain records and supporting documentation sufficient to document the Services and the Charges paid or payable by IRC under this Agreement for a period of two years from the billing for such Services, notwithstanding the expiration or termination of this Agreement. ARTICLE 22. CONFIDENTIALITY 22.01 General Obligations. All Confidential Information relating to or obtained from IRC or National, including the terms and conditions of this Agreement, shall be held in confidence by the recipient to the same extent and in at least the same manner as the recipient protects its own confidential or proprietary information, but in no event less than reasonable means. Neither IRC nor National shall, or shall cause or permit any third -party to, disclose, publish, release, announce, transfer or otherwise make available Confidential Information of, or obtained from, the other in any form to, or for the use or benefit of, any person or entity without the disclosing Party's consent. Each of IRC and National shall, however, be permitted 239 to disclose relevant aspects of the other's Confidential Information to (1) its officers, directors, agents, professional advisors, lenders, lender's independent advisors, National, subcontractors and employees to the extent that such disclosure is reasonably necessary for the performance of its duties and obligations under this Agreement or for corporate governance purposes; provided, however, that the recipient shall take all reasonable measures to ensure that Confidential Information of the disclosing Party is not disclosed or duplicated in contravention of the provisions of this Agreement by such officers, directors, agents, professional advisors, lenders, lender's independent advisors, National, subcontractors and employees, and (2) to Third -Party Providers, as and to the extent necessary for IRC to obtain the benefits of this Agreement in the conduct of its business and to coordinate National's services with those of such Third -Party Providers, where in each such case, the receiving Third -Party Provider first agrees in writing to the obligations described in this Section. 22.02 Exclusions. The obligations in this Section shall not restrict any disclosure pursuant to any applicable Law or by order of any court or government agency, or a formal or informal request by the County or any member or employee of the County (provided that the recipient shall give prompt notice to the disclosing Party of such order) and, except to the extent that local law provides otherwise, shall not apply with respect to information that (1) is independently developed by the recipient without violating the disclosing Party's proprietary rights as shown by the recipient's written records, (2) is or becomes publicly known (other than through unauthorized disclosure), including any information contained in and retrievable from the public files of the County or any Federal or state agency, (3) is disclosed by the owner of such information to a third -party free of any obligation of confidentiality, (4) is already known by the recipient at the time of disclosure, as shown by the recipient's written records, and the recipient has no obligation of confidentiality other than pursuant to this Agreement or any confidentiality agreements entered into before the Effective Date between IRC and National or (5) is rightfully received by a Party free of any obligation of confidentiality. Notwithstanding anything to the contrary in this Article, it shall not be a violation or breach of confidentiality if IRC provides information to the public or public officials concerning schedules, delays, numbers of AMR Meters installed, or other information that IRC reasonably believes will increase the public's or government's understanding of the deployment and installation of an AMR System. Further, IRC shall be under no obligation to discuss or seek approval of press announcements, media statements, or similar communications intended to make the public or public officials more aware of IRC's deployment and installation of an AMR System. 22.03 Unauthorized Acts. Without limiting either Party's rights in respect of a breach of this Article, each Party shall: (1) promptly notify the other Party of any unauthorized possession, use or knowledge, or attempt thereof, of the other Party's Confidential Information by any person or entity that may become known to such Party; (2) promptly furnish to the other Party full details of the unauthorized possession, use or knowledge, or attempt thereof, and assist the other Party in investigating 240 or preventing the recurrence of any unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information; (3) cooperate with the other Party in any litigation and investigation against third parties reasonably deemed necessary by the other Party to protect its proprietary rights; and (4) promptly use its best efforts to prevent a recurrence of any such unauthorized possession, use or knowledge, or attempt thereof, of Confidential Information. 22.04 No Implied Rights. Each Party's Confidential Information shall remain the property of that Party. Unless otherwise expressly set forth in this Agreement, nothing herein shall be construed as obligating a Party to disclose its Confidential Information to the other Party, or as granting to or conferring on a Party, expressly or impliedly, any rights or license to the Confidential Information of the other Party. 22.05 Return or Destruction of Confidential Information. As requested by IRC during the Term, upon expiration or any termination of the Agreement, during the Termination Assistance Period, or upon completion of National's obligations under this Agreement, National shall return or destroy, as IRC may direct, all material in any medium that contains, refers to, or relates to IRC's Confidential Information, and retain no copies. Each Party shall bear the costs it incurs as a result of compliance with this Section. 22.06 Public Records Compliance. Indian River County is a public agency subject to Chapter 119, Florida Statutes. National shall comply with Florida's Public Records Law. Specifically, National shall: (1) Keep and maintain public records required by IRC to perform the service. (2) Upon request from IRC's Custodian of Public Records, provide IRC with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if National does not transfer the records to IRC. (4) Upon completion of the contract, transfer, at no cost, to IRC all public records in possession of National or keep and maintain public records required by IRC to perform the service. If National transfers all public records to IRC upon completion of the contract, National shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If National keeps 241 and maintains public records upon completion of the contract, National shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to IRC, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of IRC. IF NATIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO NATIONAL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 Failure of National to comply with these requirements shall be a material breach of this Agreement. ARTICLE 23. REPRESENTATIONS AND WARRANTIES 23.01 By IRC. IRC represents and warrants that: (1) IRC is a public agency; (2) IRC has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (3) the execution, delivery and performance of this Agreement has been duly authorized by IRC; and (4) to the best of its knowledge, IRC is in compliance with all applicable federal, state, local or other Laws applicable to IRC and has obtained, or will use commercially reasonable efforts to obtain, all applicable permits and licenses required of IRC in connection with its obligations under this Agreement. 23.02 By National. National represents and warrants that: (1) National is a corporation duly incorporated, validly existing and in good standing under the Laws of New Jersey; (2) National has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (3) National is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is 242 required for the ownership or leasing of its assets or the transaction of business of the character transacted by it, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on National's ability to fulfill its obligations under this Agreement; (4) the execution, delivery and performance of this Agreement has been duly authorized by National; (5) to the best of its knowledge, National is in compliance with all applicable federal, state, local or other Laws applicable to National and has obtained all applicable permits and licenses required of National in connection with its obligations under this Agreement; (6) there is no outstanding litigation, arbitrated matter or other dispute to which National is a party which, if decided unfavorably to National, would reasonably be expected to have a potential or actual material adverse effect on IRC's or National's ability to fulfill its respective obligations under this Agreement; (7) the National Software, and the Equipment and Tools provided by National do not infringe upon the proprietary rights of any third -party; and (8) any Equipment furnished under the Purchase Order that is subject to Part 68 of the Federal Communications Commission's Rules and Regulations (the "FCC Rules and Regulations") is registered under and complies with Part 68 of the FCC Rules and Regulations, including, all labeling and instruction requirements. 23.03 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER IRC NOR NATIONAL MAKES ANY OTHER WARRANTIES WITH RESPECT TO THE SERVICES OR THE SYSTEMS AND EACH EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. ARTICLE 24. ADDITIONAL COVENANTS 24.01 By IRC, IRC covenants and agrees with National that during the Term and the Termination Assistance Period, IRC shall comply with all applicable federal, state, local or other Laws applicable to IRC and, except as otherwise provided in this Agreement, shall obtain all applicable permits and licenses required of IRC in connection with its obligations under this Agreement. 24.02 By National. National covenants and agrees with IRC that during the Term and the Termination Assistance Period: (1) National shall comply with all applicable federal, state, local or other Laws applicable to National and, except as expressly provided otherwise in this Agreement, shall obtain all applicable permits and licenses required of National in connection with its obligations under this Agreement; 243 (2) the Services shall be rendered with promptness and diligence and in a workmanlike manner, in accordance with the practices and high professional standards used by professional services organizations performing services similar to the Services; (3) National shall be aware of, and familiar with, all collective bargaining agreements that do or may pertain to or affect the Services or other work at the job sites. National shall plan and conduct its operations so that National Personnel and National Agents will work with the IRC personnel in a manner that avoids delays, work stoppages, excessive labor costs, or other labor difficulties; (4) National shall perform all Services under this Agreement, and otherwise conduct its operations in a manner so as to avoid the risk of bodily harm to persons or risk of damage to any property. In the event National fails to promptly correct any violation of safety or health regulations, IRC may suspend all or any part of the Services, and National shall not be entitled to any extension of time or reimbursement for costs caused by any such suspension order. The failure of IRC to order suspension of any or all of the Services shall not relieve National of its responsibility for the safety of persons or property. National shall maintain an accurate record of and shall promptly report to IRC all cases of property damage in excess of $100 and of death, occupational diseases, or injury to National Personnel or any third-parties arising from or related to the performance of the Services. National shall promptly notify IRC and provide a copy of any safety citation issued by any governmental entity. (5) National shall keep all work areas in which it is performing Services free from accumulation of waste materials or rubbish arising out of the Services, and prior to completion of the Services shall remove and properly dispose of any such rubbish, as well as remove all Equipment and materials not property of IRC or its customers. Upon completion of Services, National shall leave the work area in a condition satisfactory to IRC or its customers. In the event of National's failure within a reasonable amount of time to comply with any of the foregoing, IRC may, after notice to National of such failure, perform the cleanup and removal at the expense of National; (6) neither the National Software, nor the Tools, Systems or Equipment provided by National, nor the Services or Documents will infringe upon the proprietary rights of any third-party; (7) National shall use current industry standard virus detection practices to ensure that no viruses or similar items are coded or introduced into IRC Software or Computing Systems. National agrees that, in the event a virus is found to have been introduced into the IRC Software or Computing Systems, National shall use commercially reasonable efforts to assist IRC in reducing the effects of the virus and, if the virus causes a loss of operational efficiency or loss of data, to assist IRC to the same extent to mitigate and restore such losses at no additional expense to IRC; and (8) without the consent of IRC, National shall not insert into the Software or Systems used to provide the Services any code that would have the effect of disabling or 244 otherwise shutting down all or any portion of the Services. National further covenants that, with respect to any disabling code that may be part of the Software used to provide the Services, National shall not invoke such disabling code at any time, including upon expiration or termination of this Agreement, without IRC's prior written consent. ARTICLE 25. DISPUTE RESOLUTION 25.01 General. Any dispute between the Parties arising out of or relating to the Agreement, including with respect to the interpretation of any provision of the Agreement and with respect to the performance by National or IRC shall be resolved as provided in this Article. 25.02 Dispute Resolution (1) Notice of Dispute. Either Party asserting the existence of a material dispute under, arising out of, in connection with or related to the Contract shall deliver a written Notice (a "Dispute Notice") to the other Party describing the nature and substance of the dispute. The Dispute Notice shall be delivered to the attention of the other Party's designated recipient for notices under the Agreement. (2) Initial Negotiation. The Parties shall then attempt in good faith to resolve the dispute through negotiations by their respective authorized representatives during the fifteen (15) Days following delivery of the Dispute Notice; provided, that upon the written agreement of the Parties, such fifteen -Day period may be extended up to an additional fifteen (15) Days. If such negotiations result in an agreement in principle among such negotiators to settle the dispute, they shall cause a written settlement agreement to be prepared and signed by the Parties, whereupon the dispute shall be deemed settled, and not subject to further dispute resolution hereunder. (3) Executive Negotiation. If the Parties do not resolve and/or settle the dispute within the negotiation period set forth in Section 25.02(2), the Parties shall then attempt in good faith to resolve the dispute through negotiations by their respective authorized executive officers during the ten (10) Days following the end of the negotiation period under Section 25.02(2) before pursuing any of the further means of dispute resolution hereunder. Upon the written agreement of the Parties, the negotiation period may be extended up to an additional ten (10) Days. If such negotiations result in an agreement in principle among such negotiators to settle the dispute, they shall cause a written settlement agreement to be prepared and signed by the Parties, whereupon the dispute shall be deemed settled, and not subject to further dispute resolution. 245 (4) Mediation. Subject to Section 25.02(5), if the Parties do not resolve and/or settle the dispute through the negotiations described in Section 25.02(2) and (3), all remaining disputes shall then be submitted to mediation within ten (10) Days from written notice of concluded negotiations following the Commercial Mediation Rules published by the American Arbitration Association. Unless the Parties agree otherwise, mediation shall be held in Vero Beach, Florida. This agreement to mediate and any other agreement or consent to mediate entered into in accordance with this agreement shall be specifically enforceable under the prevailing laws of Florida. Notice of the demand for mediation shall be filed in writing with the other Party to this Agreement. The demand for mediation shall be made within a reasonable time, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by any applicable statute of limitations. (5) Other Dispute Resolution Procedures. Notwithstanding the provisions set forth above in this Section 25.02, the Parties may, by mutual agreement, submit any dispute for resolution in any other manner that they may agree to in writing at the time such dispute arises; provided, however, that a Party's agreement to any such other dispute resolution procedure with respect to any particular dispute shall not act as a waiver of the right of any Party to have any other dispute resolved in accordance with the dispute resolution procedures set forth above in this Section 25.02. (6) In the event the dispute resolution procedures set forth in this Section 25.02 are unsuccessful, the provisions of Section 25.03 shall apply. (7) Confidential Settlement Context. All negotiations, discussions, offers, counter offers, data exchanges, proposed agreements and other communications between the Parties in connection with any of the pre -litigation negotiations or other dispute resolution procedures contemplated by this Section 25.02 are to be deemed as having been made, exchanged and taken in confidence subject to the confidentiality provisions hereof. Without limiting the preceding sentence, all such communications shall be deemed to be in the context of attempting to settle a disputed claim, shall not be construed, or be admitted in evidence in any related or unrelated arbitration, litigation or other adversary proceeding, as an admission or agreement as to the liability of any Party to such proceeding. However such communications may be disclosed as required by law. 25.03 Jurisdiction. The Parties hereto submit to the exclusive jurisdiction of and venue in the state courts located in Indian River County, Florida for purposes of any suit arising hereunder instituted by any party. Any party hereto not domiciled in the State of Florida expressly assents to extra -territorial service of process. 246 25.04 Equitable Remedies. National acknowledges that, in the event it breaches (or attempts or threatens to breach its obligations provided in Article 18 and Article 22, IRC may be irreparably harmed. In such a circumstance, IRC may proceed directly to court. If a court of competent jurisdiction should find that National has breached (or attempted or threatened to breach) any such obligations, National agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it shall not oppose the entry of an appropriate order compelling performance by National and restraining it from any further breaches (or attempted or threatened breaches). 25.05 Continued Performance. Each Party agrees to continue performing its obligations under the Agreement while a dispute is being resolved except to the extent the issue in dispute precludes performance (dispute over payment shall not be deemed to preclude performance) and without limiting either Party's right to terminate the Agreement as provided in Article 26. ARTICLE 26. TERMINATION 26.01 Termination for Cause. (1) The occurrence of any of the following shall constitute a default by National and shall provide IRC with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which IRC may have under this Contract or under law: a. if in IRC's opinion National is improperly performing work or violating any provision(s) of the Contract Documents; b. if National neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; c. if in IRC's opinion National's work is being unnecessarily delayed and will not be finished within the prescribed time; d. if National assigns this Contract or any money accruing thereon or approved thereon; or e. if National abandons the work, is adjudged bankrupt, or if it makes a general assignment for the benefit of it creditors, or if a trustee or receiver is appointed for National or for any of his property. (2) IRC shall, before terminating the Contract for any of the foregoing reasons, notify National in writing of the grounds for termination and provide National with ten (10) calendar days to cure the default to the reasonable satisfaction of IRC. (3) If National fails to correct or cure within the time provided in the preceding Sub - Section (2), IRC may terminate this Contract by notifying National in writing. 247 Upon receiving such notification, National shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that IRC may authorize National to restore any work sites. (4) National shall be liable for: a. any new cost incurred by IRC in soliciting bids or proposals for and letting a new contract; and b. the difference between the cost of completing the new contract and the cost of completing this Contract; c. any court costs and attorney's fees associated with any lawsuit undertaken by IRC to enforce its rights herein. 26.02 Termination for Convenience. IRC may at any time and for any reason terminate National's services and work for IRC's convenience. Upon receipt of notice of such termination National shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination National shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by National as are permitted by the prime contract and approved by IRC. (3) National shall not be entitled to any other claim for compensation or damages against IRC in the event of such termination. 26.03 Termination in Regards to F.S. 287.135. National certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, National certifies that it and those related entities of respondent as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. IRC may terminate this Contract if National is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. IRC may terminate this Contract if National, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies, that exist for the purpose of making profit is found 248 to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in Section 215.4725, Florida Statutes. ARTICLE 27. INTENTIONALLY LEFT BLANK ARTICLE 28. SUSPENSION 28.01 Suspension. IRC may order National to suspend, and to subsequently resume, performance of all or of any part of the Services at any time by the issuance of a notice of suspension to National and such notice shall not require acceptance by National for such suspension to take effect. If IRC orders suspension of performance or provision of all or any part of the Services, IRC shall: (1) complete the payments due up to the effective date of the suspension notice and shall resume payments as of the effective date that the suspended Services are ordered resumed, and (2) pay for any Out -of -Pocket Expenses incurred by National as a result of such suspension. In the event that IRC requests that National resume the provision of the suspended Services, National shall provide IRC with revised Milestones or plans, including a revised Deployment Plan, if applicable, that take into account the suspension and resumption of the suspended Services. Such revised Milestones or plans shall be subject to IRC's review and approval. Once approved, National shall resume the suspended Services in accordance with such revised Milestones or plans. National shall provide IRC with sufficient supporting data for evaluation of the reasonableness of the expenses for item (2) above. The provisions of this Section shall be National's sole remedy as a result of any suspension of the Services, in whole or in part. ARTICLE 29. INDEMNIFICATION 29.01 Indemnification. Each Party hereto shall indemnify and hold harmless the other Party, including its respective officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the Services ARTICLE 30. DAMAGES 30.01 Direct Damages. (1) Each Party shall be liable to the other Party for any direct damages arising out of or relating to its performance or failure to perform under this Agreement. (2) Subject to Section 30.03, the liability of a Party to the other Party, whether based on an action or claim in contract, equity, negligence, tort or otherwise, for any single event, act or omission, shall not exceed the total contract fees as defined in Exhibit 2. 249 30.02 Consequential Damages. Subject to Section 30.03, neither IRC nor National shall be liable for, nor will the measure of damages include, any indirect, incidental, special or consequential damages of the other Party arising out of or relating to its performance or failure to perform under this Agreement. 30.03 Exclusions. The limitations on direct damages set forth in Section 30.01(2) shall not apply to (1) the failure of IRC to make payments or the failure of National to issue refunds or Performance Credits due under this Agreement. The limitations on indirect, incidental, special or consequential damages set forth in Section 30.02 shall not apply to any indemnification obligations of the Parties set forth in Article 29. ARTICLE 31. INSURANCE 31.01 Insurance Coverage. National shall purchase and maintain, at its own expense, the following types and amounts of insurance, primary and non-contributory with IRC's own insurance, in form and companies satisfactory to IRC: (1) Workers' Compensation insurance —As required by Florida Statutes, Chapter 440, Workers Compensation Insurance, for all employees of National, employed at the site of work or in any way connected with the work, which is subject of the Services. The insurance required by this provision shall comply fully with the Florida Workers' Compensation law and include Employers' Liability Insurance with limits of not Tess than $500,000 per accident. Any associated or subsidiary company involved in the service must be named in the Workers' Compensation coverage. (2) Liability Insurance — Commercial General Liability Insurance, including coverage for operations, independent contractors, products -completed operations, broad form property damage, collapse and underground, and personal injury on an "occurrence" basis insuring National and any other interests, including but not limited to any associated or subsidiary companies involved in the work. Automobile Liability Insurance which shall insure claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle used by National at the site of the project or in any way connected with the Services The Liability Insurance shall name IRC as an additional insured 250 The limit of liability shall be a combined single limit for bodily injury and property damage of no less than $1,000,000 per occurrence. If insurance is provided with a general aggregate, then the aggregate shall be in an amount of no less than $1,000,000. 31.02 Insurance Conditions. The insurance coverages under Section 31.01 shall be primary, and all non-contributing with respect to any other insurance or self-insurance which may be maintained by IRC. All required insurance coverages shall include a waiver of subrogation and a waiver of any insured -versus -insured exclusion regarding IRC. To the extent any coverage is written on a claims -made basis, it shall have a retroactive date prior to the Effective Date and shall allow for reporting of claims for at least one year after the Term. 31.03 Insurance Documentation. To the extent third -party insurance is obtained or maintained pursuant to Section 31.01, National shall (1) within 30 days after the Effective Date and (2) upon IRC's request, furnish to IRC certificates of insurance or other appropriate documentation (including evidence of renewal of insurance) evidencing all coverages referenced in Section 31.01 and, if and to the extent applicable, naming IRC as an additional insured. Such certificates or other documentation shall include a provision whereby 30 days' notice must be received by IRC prior to coverage cancellation or material alteration of the coverage by either National or National Agents or the applicable insurer. Such cancellation or material alteration shall not relieve National of its continuing obligation to maintain insurance coverage in accordance with this Article. If any of the required insurance coverages contain aggregate limits applying to other operations of National outside this Agreement, and such limits are diminished by any incident, occurrence, claim, settlement or judgment against such insurance, National shall take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 31.04 Risk of Loss. (1) Except as set forth in Section 31.04(2) National shall be responsible for the risk of loss of, or damage to, any property of National, including the National Equipment, unless such loss or damage was caused by the acts or omissions of IRC or an IRC Agent and IRC shall be responsible for the risk of Toss of, or damage to, any property of IRC, including the AMR Meters, unless such loss or damage was caused by the acts or omissions of National or a National Agent. (2) National is responsible for the risk of loss of, or damage to, any property of IRC at a Designated National Service Location, or otherwise in National's possession, unless such loss or damage was caused by the acts or omissions of IRC or an IRC Agent. IRC is responsible for the risk of loss of, or damage to, any property of National at an IRC Service Location, unless such Toss or damage was caused by the acts or omissions of National or a National Agent. (3) If National fails to comply with any of the provisions of this Article, National shall, without regard to Section 29.01, at its own cost, defend, indemnify and hold 251 harmless IRC, its officers, agents, employees, assigns and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, costs, including attorney's fees and expenses, or any of them, resulting from the death of or injury to any person or damage to any property to the extent that IRC would have been protected had National complied with all of the provisions of this Article. 31.05 Reporting Claims. National shall report immediately to the IRC Project Manager and confirm in writing any injury, loss, or damage incurred by National or its employees or Nationals in connection with the Services, or its receipt of notice of any claim by a third -party, or of any occurrence that might give rise to a claim. ARTICLE 32. MISCELLANEOUS PROVISIONS 32.01 Assignment. (1) Neither Party shall, without the prior written consent of the other Party, assign this Agreement or any amounts payable pursuant to this Agreement, except that IRC may assign this Agreement to an Affiliate or another entity or business unit of IRC or pursuant to a reorganization or Change in Control of IRC without such consent. Upon IRC's assignment of this Agreement to an Affiliate or another entity or business unit of IRC or pursuant to a reorganization or Change in Control of IRC, IRC shall be released from any obligation or liability under this Agreement. The consent of a Party to any assignment of this Agreement shall not constitute such Party's consent to further assignment. This Agreement shall be binding on the Parties and their respective successors and permitted assigns. Any assignment in contravention of this subsection shall be void. (2) In the event that IRC divests an (a) entity, (b) business unit or (c) service territory of IRC, including any group of AMR Meters, National shall, for the remainder of the Term after such divestiture, at IRC's request, continue to provide the Services through IRC under this Agreement for the benefit of such divested IRC entity, business unit or service territory at the Charges then in effect. 32.02 Notices. Except as otherwise specified in this Agreement, all notices, requests, consents, approvals, agreements, authorizations, acknowledgments, waivers and other communications required or permitted under this Agreement shall be in writing and delivered via certified mail or other priority mail verified by signature delivery to: In the case of IRC Indian River County Department of Utility Services 1801 27th St. 252 Vero Beach, FL 32960 Attention: Vincent Burke, Director In the case of National: 163 Schuyler Avenue P.0 Box 491 Kearny, New Jersey Attention: William Castle Either Party may change its address or contact for notification purposes by giving the other Party 10 days' notice of the new address or facsimile number and the date upon which it will become effective. 32.03 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which taken together shall constitute one single agreement between the Parties. 32.04 Relationship. The Parties intend to create an independent National relationship, and nothing contained in this Agreement shall be construed to make either IRC or National partners, joint venturers, principals, agents or employees of the other. No officer, director, employee, agent, Affiliate or subcontractor retained by National to perform work on IRC's behalf under this Agreement shall be deemed to be an employee, agent or subcontractor of IRC Neither Party shall have any right, power or authority, express or implied, to bind the other. 32.05 Consents, Approvals and Requests. Except as specifically set forth in this Agreement, all consents and approvals to be given by either Party under this Agreement shall not be unreasonably withheld or delayed and each Party shall make only reasonable requests under this Agreement. 32.06 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement, if capable of substantial performance, shall remain in full force and effect. 32.07 Waivers. No delay or omission by either Party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any Party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be signed by the Party waiving its rights. 32.08 Publicity. National shall (1) submit to IRC all advertising, written sales promotions, press releases and other publicity matters relating to this Agreement in which the IRC's name or mark is mentioned or which contains language from which the connection of said name or mark 253 may be inferred or implied and (2) not publish or use such advertising, sales promotions, press releases or publicity matters without IRC's consent. 32.09 Entire Agreement. This Agreement and the Exhibits and Appendices to this Agreement represent the entire agreement between the Parties with respect to its subject matter, and there are no other representations, understandings or agreements between the Parties relative to such subject matter. 32.10 Amendments. No amendment to, or change, waiver or discharge of, any provision of this Agreement shall be valid unless in writing and signed by an authorized representative of each of the Parties. 32.11 Survival. Any provision of this Agreement that contemplates performance or observance subsequent to the termination or expiration of this Agreement or during the Termination Assistance Period, shall survive the termination or expiration of this Agreement. 32.12 Third -Party Beneficiaries. Each Party intends that this Agreement shall not benefit, or create any right or cause of action in or on behalf of, any person or entity other than the Parties. 32.13 Governing Law. This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the principles thereof relating to the conflicts of laws. 32.14 Sole and Exclusive Venue. Each Party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in the United States District Court for the Southern District of Florida or in the state courts of the State of Florida and irrevocably accepts and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in personam, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party; provided, however, that this Section shall not prevent a Party against whom any legal action, suit or proceeding is brought by the other Party in the state courts of the State of Florida from seeking to remove such legal action, suit or proceeding, pursuant to applicable Federal law, to the district court of the United States for the district and division embracing the place where the action is pending in the state courts of the State of Florida, and in the event an action is so removed each Party irrevocably accepts and submits to the jurisdiction of the aforesaid district court. Each Party hereto further irrevocably consents to the service of process from any of the aforesaid courts by mailing copies thereof by registered or certified mail, postage prepaid, to such Party at its address designated pursuant to this Agreement, with such service of process to become effective 30 days after such mailing. 254 32.15 Covenant of Further Assurances. IRC and National covenant and agree that, subsequent to the execution and delivery of this Agreement and, without any additional consideration, each of IRC and National shall execute and deliver any further legal instruments and perform any acts that are or may become necessary to effectuate the purposes of this Agreement. 32.16 Negotiated Terms. The Parties agree that the terms and conditions of this Agreement are the result of negotiations between the Parties and that this Agreement shall not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement. 32.17 Conflict of Interest. (1) National affirms that, to the best of its knowledge, there is no actual or potential conflict of interest between National, its employees or their families, National agents, or business interest, and IRC. During the Term, neither Party, without the consent of the other Party, shall hire or offer to hire any individual while that individual is an employee of the other Party or employee's immediate family member. National shall not pay any salaries, commissions, fees or make any payments or rebates to any employee of IRC or to any designee of such employee, or favor any employee of IRC or any designee of such employee, with gifts or entertainment of significant cost or value or with services or goods sold at less than full market value. National agrees that its obligation to IRC under this Section shall also be binding upon National Agents. National further agrees to insert the provisions of this Section in each contract with a National Agent. (2) During the Term and for two years after the expiration or termination of this Agreement, neither National nor the National Project Manager or a member of the Project Staff shall, without IRC's prior consent, undertake any engagement (a) to act as an expert for a third -party in any regulatory proceeding, litigation or transaction in which IRC or any of its Affiliates is, or is reasonably expected to become, adverse to the third -party or (b) for any third -party which is, or is reasonably expected to become, adverse to IRC in a proceeding, litigation or transaction related to this Agreement. National shall notify IRC within 30 days of any violation of this Section and promptly use its best efforts to minimize or eliminate any adverse impact on IRC. 255, IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: (Contractor) Attest (CORPORATE SEAL) By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 256 EXHIBIT 1 -SERVICES THIS DEPLOYMENT SERVICES STATEMENT OF WORK is subject to the terms and provisions, and is made a part of that certain Agreement for Meter Deployment Services between Indian River County and National Meter Services, Inc. dated , 2019 (the "Contract") by and between Indian River County ("IRC") and National Metering Services, Inc. ("National"). Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Contract. This Exhibit 1- Services, describes activities, roles and responsibilities of the Parties associated with the planning, design, deployment, implementation, and testing of the AMR System within Indian River County service territory and MDM Portal (collectively, the "AMR Solution"). 1. PROJECT OVERVIEW The Parties desire to and will deploy the AMR Solution as an end-to-end functional system comprised of AMR Water Meters and National's MDM Portal. The Parties will deploy the AMR Solution in accordance with the schedule as documented in Deployment Schedule, and as may be updated, in the Deployment Plan. National will collaborate with Indian River County throughout deployment of the AMR Solution as outlined in this Deployment Services SOW. The Parties will continue to work together in good faith to further define specific Deliverables and timelines. National will deploy approximately 34,000 meters across the service territory. IRC will purchase all appropriate AMR Meters, check valves, lids, meter boxes, and risers, and National will provide to IRC the Services as described in this Deployment Services SOW. This Deployment Services SOW sets forth in detail the specific tasks and the Parties' respective roles and responsibilities for those tasks. 2. PROJECT RESOURCES National's Project organization is described in the chart below. 257 Project Coordinator Office Manager Warehouse Manager El -Department Project Supervisor Customer Service Unit Data Entry Unit Meter Testing Unit Lead Technician Group Leader Meter Installation Crew(Residential) Meter installation Crew (commercial & industrial) Executive Management — Includes the President, CEO, CFO, CTO, Vice President, Business Development Director. The Executive Management oversees all operations and administrative functions of NMS. It ensures that all projects run smoothly from both field operations and administrative perspectives. Project Coordinator (Key National Position) -The Project Coordinator works with the Office and Warehouse Managers to insure that tasks are assigned to office staff, monitors customer service unit's interaction with customers, verifying work order information as entered by data processing unit, supervising work order preparation & customer notices, scheduling of mailings, tracking progress of project by area or route, scheduling follow-up mailings, time record keeping, payroll certification, invoice preparation, execution of required AIA forms. All Project Coordinators report directly to Executive Management regarding the status of a program, inventory, customer service, field reports etc. Project Coordinator is an offsite resource. Richard Verdiramo RVerdiramo@nmsnj.com 201-628-2845 Office Manager — Manages the Customer Service and Data Entry Units. Ensures that both of these functions are up to date with all customer and client facing aspects of all projects. 258 Warehouse Manager — Oversees warehouse operations, manages inventory of both new and old meter stock in Kearny location. IT Department — Manage and support NMS' proprietary MDM software. Upload and maintain all clients' customer data. Process photos and append to premises records across all projects. Project Supervisor (Key National Position) The Project Supervisor monitors the activity of the field personnel and interacts with the Utility staff to schedule deliveries of all ODP materials the Utility as well as the return of old meter and materials back to the Utility. The Project Supervisor monitors inventory and is available to respond to field emergencies when needed. The Project Supervisor conducts field surveys of commercial and industrial meters and all OSHA vaults. The Project Supervisor assists the Lead Technician and augments in the field when necessary. The Project Supervisor reports directly to the Project Coordinator. Project Supervisor is an offsite resou rce. Kelly Dever kdever@nmsnj.com 407-461-1527 Customer Service Unit — Includes all CSRs whose task it is to make and receive customer telephone and mail contacts. The CSRs make all appointments with customers as needed across all projects. Data Entry Clerk/Customer Service Representative — Preparing customer notices & work orders from electronic data provided by the Utility, processing completed work orders, processing incomplete work orders by identifying the problem or violation and entering the data into the new customer database, processing meter certification test results and entering results into a comprehensive report, entering test results into the customer database. Meter Testing Unit — Conducts all meter testing on new and old meter stock as applicable depending on project parameters. Lead Technician (Key National Position) — The Lead Technician is responsible for all interaction with the utility, ordering, cataloging and distribution of inventory materials, assigning and recovering work to & from installers daily. Progress meetings, customer concerns or callbacks, distribution of appointments and schedules, forwarding completed work orders to the data processing center, logging accounts that could not be installed (locked gates and dogs), keeping daily time records of installers hours. The Lead Technician reports directly to the Project Supervisor with daily reports and a weekly summary of installations, and project progress. Lead Technician is an onsite resource. James Ratcliff jratcliff@nmsnj.com 828-335-7664 259 Group Leader—The Group Leader, is responsible for collection of old meters for testing, verifying exit readings of old meters, re -supply of equipment to installers in the field, provide assistance on difficult installations, survey Targe meter accounts, freeze service lines when shut down is not possible using existing valves, verify conditions when a unit cannot be installed as reported, locate and operate curb valves for shut down, cover appointments pending if an installer is delayed or has other issues. Meter Installation Technician - Our Installation Technicians have several years of experience, installing water meters. National has a very low employee turnover rate. Many of our Installers have been with the company over 5 years. The responsibilities of our Meter Installation Technicians are: providing meter installation service by appointment and by solicitation, logging pertinent data on installation order, final reading of meter and serial number confirmation, tagging removed meter with an address verification tag, testing of meter installation with manufacturers test equipment (IRC supplied), checking for leaks after installation is complete, verifying service has been restored, updating account records if an account is missing or indicating why the unit cannot be installed as per request. 3. PROJECT MANAGEMENT 3.1 Description This Section describes the work to be performed to plan and manage the project including the meter installation, customer communications, and MDM portal configuration. National and IRC will work together to initiate and complete the development of the Project Plan and Deployment Schedule as a part of this Deployment Services SOW. The mutually signed Deployment Plan shall be deemed incorporated into this Deployment Services SOW and made a part of it. Only mutually agreed on changes to the Deployment Plan shall be effective. Changes will be documented and confirmed during Project Management meeting. The Project is expected to last approximately two (2) years and includes the installation of approximately 39,000 Meters, all customer communications necessary for planning installations and addressing customer concerns, configuration of the MDM portal, and data support. 3.2 Project Management Roles and Responsibilities Matrix Below is the Project Management roles and responsibilities matrix. The following project roles and responsibilities descriptions establish base level requirements. National will participate in joint planning sessions with IRC to further refine roles and responsibilities as part of detailed planning. National will comply with all IRC policies and procedures. IRC reserves the right to review and approve all final project roles and responsibilities, designs and project plans. 260 Activity Tasks National Deliverables National IRC 3.2.1 Initiate Project • Provide dedicated project coordinator for total project accountability • Review Contract • Assign resources to Project • Uncover initial assumptions and risk • Execute an Internal Kick- off Meeting • Initiate Project with IRC's Project Manager • Acquire facilities for warehousing and local management of project • Assign IRC Project Manager for single point of contact or provide clear path to appropriate parties • Work jointly with National to schedule the Kick-off meeting • Work jointly with National in initiating the Project • N/A 3.2.2 Project Resources • Assign team members • Provide IRC with team member names, contact information and resumes • Provide IRC with information on vehicles to be used on the project • Document roles and responsibilities • Note any resource constraints • Assign IRC Project team members and key Subject Matter Experts • Provide project contact list • Document roles and responsibilities of IRC project team • Project Org Chart • Project Contact List 3.2.3 MDM Plan • Develop the MDM plan including data integration requirements, training and support. • Import the customer data into the MDM • Provide Customer /Account Information File • Review and approve MDM Plan 3.2.4 Communication Plan • Develop Communication plan including scripts, answers to FAQs, follow- up procedures • Review and Approve Communication Plan 3.2.5 Deployment Plan • Develop the Deployment Plan that will detail installation activities for AMR Meters • The Deployment Plan will include detailed deployment tasks, roles and responsibilities, route planning, safety requirements, warehouse operations, customer contact & communications strategy, training, work procedures, customer claims management, deployment plans / strategy / sequence and blackout dates, KPIs, communications / status • Provide route information • Provide blackout dates including holidays • Approve the Deployment Plan • Deployment Plan 261 Activity Tasks National Deliverables National IRC reporting, and quality assurance plan 3.2.6 Safety and Training Plan • • Develop an Installation Training Plan including required technical and safety training for installers • OSHA 10 certification is required for all National technicians. • Review, comment on and approve National's training plan 3.2.7 Materials and Logistics Plan • Develop the material forecasts, schedules and inventory levels required to support deployment • Review and approve Materials and Logistics plans 3.2.8 Project Schedule • Jointly develop Project baseline schedule and milestones • Maintain Project Schedule as reflected in MDM, incorporate approved changes, and produce updated schedule versions as necessary • Reflect in Deployment Plan as necessary • Participate in developing Project baseline schedule and milestones • Approve Project baseline schedule • Review updated schedules to understand impact of approved changes 3.2.9 Project Status • Jointly participate in bi- weekly project status meetings • Immediately inform IRC PM of safety and customer problems • Lead bi-weekly project status meetings • Monitor MDM for project status 3.2.10 Risk Management Plan • Jointly develop the Risk Monitoring and Mitigation Plans • Assist IRC in developing risk mitigations strategies • Implement risk mitigations when required • Perform risk identification, tracking, and mitigation throughout Project as required • Jointly develop the Risk Monitoring and Mitigation Plans • Implement risk mitigations when required 3.2.11 Project Management • Manage and supervise all National resources • Address any issues identified by IRC as severe • Notify National of any project personnel issues or conduct concerns 4. METER INSTALLATION 4.1 Description This Section describes the work to be performed to field install the AMR Meters, check valves, lids and other equipment. 262 National will install all meters and check valves in IRC service territory except those designated as non -accessible or RTO. National considers meters temporarily non -accessible if the meter pit is located behind a locked gate, near a loose animal, has a car parked over pit, under concrete or asphalt, or is inaccessible due to overgrowth of tree roots in box. Multiple attempts will be made to access meter as described in the accessible meter and non -accessible meter definitions in Exhibit 5. National will contact the customer by phone and leave door hangers in all instances advising the customer of the situation. 4.2 Meter Installation Roles and Responsibilities Matrix Below is the Meter Installation roles and responsibilities matrix. The following project roles and responsibilities descriptions establish base level requirements. National will participate in joint planning sessions with IRC to further refine roles and responsibilities as part of project kickoff and detailed planning. National will comply with all IRC policies and procedures. IRC reserves the right to review and approve all final project roles and responsibilities, designs and project plans. Activity . Tasks National Deliverables National IRC 4.2.1 Material storage • Take delivery of material shipments • Inspect shipments provide list of all inventory received, size, quantity, serial numbers etc., to be able to verify that every meter purchased ends up in the ground and attached to a billing account (or is leftover at the end of the project) • Identify shipment irregularities • Identify defective materials and notify IRC PM • Provide all required documentation and electronic files associated with shipments deliveries • Provide warehousing and inventory management for Meters • Report RMA and warrantee to IRC, store materials for IRC to process • Track inventory • Rectify shipment irregularities • Process RMAs and defective materials returns • Order all materials with appropriate lead times to ensure delivery of materials according to Plan • N/A 4.2.2 Job Preparation • Areas of operation are issued each morning when • Provide route information update • N/A 263 Activity Tasks National Deliverables National IRC the installers are preparing for work. • Routes are followed per the owners request so as not to interfere with reading routes or reading operations. • The Lead Tech will issue the routes as confirmed by the office according to the preapproved schedule. • Any and all special requests or revisits for recalls, complaints are issued with the work in the morning. • Special requests are also addressed for IRC Staff's immediate needs — IE high Bill complaint or non - reading meter or unit etc. • Safety procedures are reviewed • Inventory is validated for workday installations • Inventory is visually inspected for defects or damages • Review National schedule to assure no conflicts with IRC Operations 4.2.3 Meter Installation • Coordinate with IRC staff for any location assistance prior to entering an area for installation. • Installation technician arrives on customer site for meter replacement • Technician examines existing condition if meter setting and takes pre- installation digital photo • If any evidence of Tamper, technician take picture and notifies IRC PM • If meter is not accessible, Technician takes a picture and notifies IRC PM of Non -Accessible meter • Technician clears debris (sand, dirt) from meter box and/or de -waters meter pit as required • Technician takes photo of meter reading • Technical shuts main valve • Support field activities • Provide shut off assistance if National is unable to shut off service prior to installation • Provide location assistance. Assess failure and determine action 264 Activity Tasks National Deliverables National IRC • Technician replaces existing meter with a new meter and radio unit • Replace meter valves, check valves and curb stops as necessary • Technician takes photo of new meter install • Technician restores water and checks for leak and verifies that there is a watertight seal at the meter fittings • Technician mounts pit receptacle to meter pit lid • Technician programs MIU with Supplier's authorized equipment as supplied by IRC and enters the data into the electric format and paper work order • Technician cleans work area and takes the post installation digital photo showing mounted antennae and secure meter box lid • Technician completes meter change work order indicating the following: customer account number, read sequence, install date, meter size & type, new meter serial number, new MIU serial number, reading on old meter. Technician purges the water lines from the outside hose spigot (if available). • Technician informs the customer of the successful installation. In the event the customer was not home during the installation a Flush the Water line notice will be left at the property. • National Staff will be equipped with the meter reading unit for the selected products. • National will acquire the appropriate units for technicians to test read • 265 Activity Tasks National Deliverables National IRC the RF unit after installation. • A photo of the positive reading will be taken and appended to the account information with the installation sequenced. photos • Update MDM with installation information, photos and notes within one workday 4.2.4 Post Installation • Address any leaks reported as a result of meter replacement within one hour from time the call is received. • National Technicians will remove all refuse created by the installation process • Resolve Non -Accessible meters after National has satisfied the attempts as described in the accessible meter and non -accessible meter definitions in Exhibit 5 • N/A 4.2.5 Non-Accessible/RTO meters • National will inform IRC of RTO accounts per IRC requirements and Non- accessible meter definition • IRC to assist National in gaining access to meters that are located inside locked fences, inaccessible, etc. • Address non -accessible accounts • N/A 5. CUSTOMER COMMUNICATIONS 5.1 Description This Section describes the work to be performed to inform customers of installations, address questions and route concerns to appropriate IRC parties. National will notify all customers of planned installations, schedule installations with businesses, and difficult to access areas, handle customer calls, and provide 24/7 customer care. Prior to beginning installation operations, National will direct mail customers in the selected area of operation at least week prior and no more than 3 weeks prior to commencement of installation services. The mailer will be approved by the IRC prior to being issued, and will detail the installation service, what to expect, and advise customers who may need an appointment to give access to their property or meter with toll free phone number and National Internet page where they can schedule an appointment. This mailer must clearly explain that any questions or concerns regarding the installation shall be directed to National at (phone or e-mail) and not IRC. 5.2 Customer. Communications Roles and Responsibilities Matrix Below is the Customer Communication roles and responsibilities matrix. 266 The following project roles and responsibilities descriptions establish base level requirements. National will participate in joint planning sessions with IRC to further refine roles and responsibilities as part of project kickoff and detailed planning. National will comply with all IRC policies and procedures. IRC reserves the right to review and approve all final project roles and responsibilities, designs and project plans. Activity Tasks National Deliverables National IRC 5.2.1 Public Information Campaign • Prepare door hangers. See Exhibit 4 • Mail notices as National moves into new areas (at least one week and no more than 3 weeks prior) See Exhibit 3 • NMS website will show examples of uniforms, vehicles etc. • Inform customers of project • Provide customer information at least 5 weeks before NMS is scheduled to be in an area • Review and approve mailing before it is released. • Review and approve door hangers • Postcard • Door hangers 5.2.2 Customer Contact • Prepare CSR project fact sheet and scripts • Provide SO inbound phone lines to handle customer calls • Provide 24/7 call center operations • Log all customer calls in MDM • Provide E -appointment's function to customers. • Add notes for all customer interaction in MDM • Review and approve CSR fact sheet and scripts • CSR Fact Sheet and scripts 5.2.3 Installation Scheduling • Provide scheduling of installations to customers as needed through e- appointment or call center • Send reminder text/phone call day before appointment • Provide IRC with list of scheduling problems • Review Installation Schedule • Work with National to resolve scheduling problems 6. MDM PORTAL 6.1 Description This Section describes the work to be performed to provide IRC access to National's MDM Portal. With the customer account information provided by IRC, National will create a new customer database, and generate workorders. Customer data is cleansed and processed into National's custom SQL Based Data Management Program — Basic Accounting Billing utility (BABU). Once integrated into BABU, National IT staff create workorders, mailing list, customer notices and the 267 meter installation database. National also utilizes the power of the BABU System to track inventory by size, type, application, new meter test data and stock quantiles. This data is sent to National by the meter manufacture (Master Meter) once meters are shipped from the factory. National creates a format where the information is printed in both analog characters and in barcode on the work order. All new meter information is scanned into the database for the appropriate account. Data is posted "live" as entered into the Customer Portal. Once in the Customer Portal it can be reviewed individually as needed by IRC or downloaded in batches into IRC's billing program software. National's IT department will provide Help Desk services to IRC staff with regard to the functionality and accessibility to the MDM Portal and the customer data and installation data contained therein. 6.2 MDM Portal Roles and Responsibilities Matrix Below is the MDM Portal roles and responsibilities matrix. The following project roles and responsibilities descriptions establish base level requirements. National will participate in joint planning sessions with IRC to further refine roles and responsibilities as part of project kickoff and detailed planning. National will comply with all IRC policies and procedures. IRC reserves the right to review and approve all final project roles and responsibilities, designs and project plans. Activity Tasks National Deliverables National IRC 6.2.1 Installation • Create usernames and passwords for IRC staff • Create MDM Portal using IRC customer data • Ensure accurate import of all IRC provided data • Ensure accuracy of all new meter installation information and customer interaction notes • Correct information inaccuracies • Provide information for MDM users • Provide customer account and meter data • Notify NMS of data inaccuracies 6.2.2 Functionality • Track inventory by size, type, application, test data, and stock quantities. • For each meter location the MDM will capture: o Address o GPS coordinates at meter g o Install date o Meter size o Previous meter reading on meter to be removed • N/A • MDM 268 Activity Tasks National Deliverables National IRC • The MDM will allow IRC to: o Monitor daily productivity o Review installation photos o Confirm out reads o Confirm site conditions o Confirm unit was reading at time of installation o See appointment schedule o See RTO or reported issues detail o See and be informed of Tamper evidence o See and monitor all notes around customer interaction o Review open routes or remaining to do in routes for closure o Pull quantities installed by size/route or however needed o Monitor installation rates by day/week/month o Forecast material purchases o Confirm invoice quantities • Email electronic copies of database to IRC daily • Provide import / export files in format compatible with IRC's Harris Advanced Utility Systems, CIS Infinity v 3.1.23b • Maintain compatibility for Internet Explorer and Chrome browsers 6.2.3 Training and Support • Provide onsite training for all IRC users • Provide users manual for IRC staff • Provide help desk support during business hours (8am — 5pm EST M-F) • Promptly (within 24 hours) address any data upload or accuracy issues identified • Identify IRC users 269 Activity Tasks National Deliverables National IRC 6.2.4 Disaster recovery • NMS utilizes the services of Iron Mountain. All of • N/A • Disaster Recovery Plan NTP +7 days NMS's servers are co - located at their facility. NTP +30 days MDM Training NTP +55 days • All data and backups are maintained by Iron NTP +45 days Draft Deployment Plan Delivered NTP +45 days Mountain NTP +50 days First delivery of 3000 Meters NTP +70 days • NMS will restore systems and data, and return to operation within 24 hours of a Disaster Event NTP +77 days Second delivery of 3000 Meters 7. SOFTWARE, TOOLS, AND METHODOLOGIES The following are the software, tools, and methodologies National will employ during the delivery of the Services: • MDM - Basic Accounting Billing utility (BABU) • EAppointment • NMSNJ.com 8. DEPLOYMENT SCHEDULE This Section sets forth certain milestone dates and other information with respect to National's deployment of the AMR Solution in accordance with the terms of the Contract. Activity Milestone Date Project Start Date County Notice to Proceed (NTP) IRC send to NMS customer list and information NTP +1 day IRC order first 6000 meters, associated parts and pieces NTP +1 day Kickoff mtg — establish detail schedule NTP +7 days NMS reviews data NTP +30 days MDM Training NTP +55 days MDM Activated NTP +45 days Draft Deployment Plan Delivered NTP +45 days Preconstruction mtg NTP +50 days First delivery of 3000 Meters NTP +70 days Commence Meter deployment NTP +77 days Second delivery of 3000 Meters NTP +100 days 270 EXHIBIT 2 - CHARGES AND PERFORMANCE SERVICE PRICING Following is a list of possible services to be provided under this contract. All quantities are estimates. Invoices submitted for payment will be accompanied by a spreadsheet of the completed work covered by such invoice. Item Description Estimated Quantity Unit Price Estimated Price Install 5/8 x 3/4 inch meter with check valve 33,500 $58.00 $1,943,000.00 Install 1" meter with check valve 860 $65.00 $55,900.00 Install 1 1/2 " meter with check valve 0 $145.00 $0.00 Install 2" meter with check valve 270 $160.00 $43,200.00 Install 5/8 x 3/4 inch meter 50 $26.00 $1,300.00 Install 1" meter 40 $26.00 $1,040.00 Install 1 1/2 " meter 0 $88.00 $0.00 Install 2" meter 0 $105.00 $0.00 Install 3" meter 7 $325.00 $2,275.00 Install 4" meter 15 $400.00 $6,000.00 Install 6" meter 1 $550.00 $550.00 Install 8" meter 1 $1,350.00 $1,350.00 Replace 4G register only**** 2,000 $19.00 $38,000.00 Replace residential check valve* 2,000 $33.00 $66,000.00 Replace meter pit lid - 10" x 15" x 2" 100 $1.00 $100.00 Replace meter pit lid - 11" x 18" x 2" 20,000 $1.00 $20,000.00 Replace meter pit lid - 13" x 24" x 2" 50 $5.00 $250.00 Replace meter pit lid - 17" x 30" x 2" 150 $15.00 $2,250.00 Replace meter pit lid - 30" x 48" Bolt down 2 $42.00 $84.00 Replace box 10" x 15" 90 $10.00 $900.00 Replace box 11" x 18" 20,000 $12.00 $240,000.00 Replace box 13" x 24" 50 $18.00 $900.00 Replace box 17" x 30" 150 $18.00 $2,700.00 Install 6" riser (resetter) with new meter** 1,000 $7.50 $7,500.00 Install 12" riser (resetter) with new meter** 1,000 $10.00 $10,000.00 GPS coordinates of each meter box - includes data capture, equipment, labor, transportation and digital photo 36,744 $9.70 $356,416.80 MDM Software- Initial upload 36,744 $3.25 $119,418.00 271 272 Subtotal $2,919,133.80 Meter Testing 5/8" x 3/4" 33,550 $2.50 $83,875.00 1" 750 $4.50 $3,375.00 1%2" 150 $17.50 $2,625.00 2" 270 $17.50 $4,725.00 3" 7 $275.00 $1,925.00 4" 15 $275.00 $4,125.00 6" 1 $275.00 $275.00 8" 1 $275.00 $275.00 Subtotal $101,200.00 Meter Recycling 5/8" x 3/" 33,550 $(3.50) $(117,425.00) 1" 750 $(5.50) $(4,125.00) 1 %2" 150 $(12.50) $(1,875.00) 2" 270 $(12.50) $(3,375.00) 3"7 $(50.00) $(350.00) 4" 15 $(60.00) $(900.00) 6" 1 $(70.00) $(70.00) 8" 1 $(80.00) $(80.00) Credit for Recycling Subtotal $(128,200.00) Optional Additional Serivces Meter Seals (NMS Seals, sequentially numbered) $1.27 $0.00 Meter Seals (IRC Seal, sequential numbering) $1.62 $0.00 1/8" thick, 48" Bypass Cable Seals (sequentially numbered) $15.42 $0.00 Downsize 1" meter to 5/8", includes parts & labor 710 $60.00 $42,600.00 Downsize 2" meter to 1", includes parts & labor 250 $350.00 $87,500.00 Downsize 2" meter to 5/8", includes parts & labor 50 $350.00 $17,500.00 Downsize 1%2" meter to 5/8", includes parts & labor 75 $350.00 $26,250.00 272 Downsize 11/2" meter to 1", includes parts & labor 50 200.00 $10,000.00 Downsize 3" meter to 2", includes parts & labor 0 $620.00 $0.00 Downsize 4" meter to 2", includes parts & labor 0 $725.00 $0.00 Upsize 1'A" meter to 2", plus meter install 25 $300.00 $7,500.00 MDM Annual Hosting (Starts 6 months after Project Completion) 0 $2.00 $0.00 MDM Data Modification per Unit 0 $1.50 $0.00 Subtotal $191,350.00 Total $3,083,483.80 WARRANTEE All installation work performed under this contract will be guaranteed for a period of one year from the date of installation for defects in workmanship and will be repaired at the expense of National. Leaks reported within thirty days from date of installation, five feet before or five feet after the meter will be repaired by the contractor at no additional expense to the County or its customers within four hours after notification. Leaks reported after 30 days will be repaired at no additional expense to the County or its customers if determined to be the result of defect in workmanship within six hours after notification. Warranty is limited to National as stated. National is not responsible for failed or non -working units. Units installed that do not show any consumption — stuck or zero read will be replaced at no additional charge to the utility and the meter returned to manufacturer for warranty. Meters tested and read with photo proof unit was transmitting at time of install are covered by manufacturer warranty and not National. Additional installation/labor fees may apply. PERFORMANCE CRITERA Performance Criteria Measurement Corrective action Meter Installation Failure Rate Number of installations that must be revisited by National crews after installation >_4 in a month — National must provide quality assurance inspections by Project Supervisor of each installation for three weeks or until rate improves Attendance to Project Management mtgs Project Coordinator and/or Project Supervisor or alternate attend all scheduled PM calls with IRC PM Escalation to executive leadership with leadership attendance in subsequent meetings 273 Deployment Plan Completion of meter installations Execution of Liquidated Damage as Completion within the Deployment Plan within 24 months of NTP stated in Section 20.06 Citizen Complaints Complaints relating to NMS field .2 validated complaints in a week crew behavior/conduct and/or or more that 6 in 4 consecutive workmanship Complaints to be weeks - IRC has the right to have discussed/validated. in PM mtg and agreed by both parties National replace resources 274 EXHIBIT 3 - CUSTOMER NOTIFICATION POSTCARD National Metering Services, Inc. P.O. BOX 491 Keamy, NJ 07032 NOTICE. REF R 10000 Acct # : 0019394 JOHN SMITH 200 Main Street Sands Point NY 11050 rins-rcLAss awl U.S. POSTAGE PAID P j Oru 7203 (Your Town) - Regarding Your Water Meter National Metering Services, Inc. Contractors for ( Your Town ) The "Your Town", has contracted National Metering Services. Inc. to replace water meters throughout the City beginning September 2018. The new meters being installed will be read automatically using radio transmitters attached to the water meters. All water meters are located outside of your home or place of business in a meter box by the curb or in an easement. Access to home or place of business will not be required. The installation process takes about 20 min to complete during which water service interruption will occur. Customers are asked to secure loose pets on property and make sure the meter area is clear for the safety of our meter installers. All installers are required to have 1.D. displayed at all times and to be in uniform. Additionally, installers have had background checks completed by the State Police prior to employment. If no one is home or your place of business is closed, you will receive a notice on your door stating that your meter was upgraded. Thank you for your cooperation For additional information, please call: 1-888-448-0009 Or visit us at: www.nmsni.com 275 EXHIBIT 4 - CUSTOMER NOTIFICATION DOOR HANGERS ATTENTION The Contractor For The Nater Department National Metering Services, Inc._ replaced your water meter today / / 20 The water maybe discolored.. This is a result of the water being turned off at the main. Please flush your water system .by turning on your r faucets and letting the water run for 1',minute or until it runs clear. lfyou have any questions or require further assistance please call 1-888-448-0009 Office Hours: 9:00 AM -5:00 PM Thank you National;Metering Services, Inc. www.nmsnj.com El Contristaar el Department° p a el National i4Meterin deAgua a re1111z6 Stmedidord ` ua el dfa Inc. Aguaeldfadehoy / 20 El age a puede estar turbia. la tuber s el esultado que fue cerrada principal lim Por favor Ate su sistema de agua abriendo las Ilaves del agua y dejandola correr tninutoo has por un que coma clarameete. Si tienepmguntas o necesita mas infonnacion; por favor tame al 1-888-448-0009 De lanes a vierlies.entra las: 9:.00AM - 5:00 PM .�racias N t onal Metering. ices, -Inc, WWW ntnsnj.cotn 276 EXHIBIT S - DEFINITIONS "Accessible Meter" means any IRC water Meter: (i) not obstructed or blocked in a manner that prohibits reasonable access; (ii) the condition of which does not make installation of the meter impractical in terms of time, expense or safety; (iii) with respect to which National has access to the premises and the IRC water meter; (iv) where IRC has provided National with accurate and up-to-date customer contact information and/or physical access keys; and (v) where National's field crew does not encounter an Unsafe Condition or situation where the IRC meter has been tampered with. Without limiting the foregoing, an IRC Meter is not an Accessible Meter if National contacts the occupant on three (3) occasions (two (2) physical (door knock, etc.) and one (1) phone attempt) as required hereunder and is unable to install a meter or schedule an appointment for meter installation where access to the IRC Meter is not available without the cooperation of the occupant or owner of the premises. National will notify IRC when Meters are not Accessible and provide a reason or description for inaccessibility by end of the business day on which the meter was scheduled to be replaced. "Affiliates" shall mean, with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity. "Agreement" shall have the meaning specified in the Preamble. "AMR Meter" shall mean a Master Meter water meter capable of automatically collecting customer consumption information and wirelessly transferring that data to a central database. "AMR System" shall mean the technology of automatically collecting consumption information from an AMR meter and wirelessly transmitting the data to the MDM and then to the billing system. "Change Control Procedures" shall mean the change control procedures applicable to any Changes to this Agreement as set forth in Section 17.03. "Change in Control" shall mean the (1) consolidation or merger of a Party with or into any entity, (2) sale, transfer or other disposition of all or substantially all of the assets of a Party or (3) acquisition by any entity, or group of entities acting in concert, of beneficial ownership of 20 percent or more of the outstanding voting securities or partnership interests of a Party. "Change Order" shall mean a document issued by IRC for Changes to this Agreement as set forth in Section 17.03. "Change(s)" shall mean any change to (1) the Services, (2) the Equipment, Software or National Processes used to provide the Services that would materially alter the functionality, performance standards or technical environment of such Equipment or Software, (3) the manner in which the Services are provided, (4) the composition of the Services or (5) the cost to IRC of the Services. 277 "Charges" shall mean all of the compensation payable to National with respect to the Services, as set forth in Exhibit 2. "Claim" shall mean any civil, criminal, administrative or investigative action or proceeding against a Party. "Compliance Requirements" shall mean the requirements of the Securities and Exchange Commission Act of 1934 and all amendments thereto, including the Sarbanes-Oxley Act of 2002, and any similar, future Securities and Exchange Commission requirements, and any requirements and rules pertaining thereto established by Law, including requirements imposed by auditing standards or reporting requirements promulgated by the American Institute of Certified Public Accountants, the Public Company Accounting Oversight Board or the Securities and Exchange Commission. "Computing Systems" shall have the meaning set forth in Section 8.03(1). "Confidential Information" of IRC or National shall mean all information and documentation of IRC and National, respectively, whether disclosed to or accessed by IRC or National in connection with this Agreement, including (1) with respect to IRC all IRC Data and all information of IRC or its customers, suppliers, contractors and other third parties doing business with IRC, including any such information of IRC that is not permitted to be disclosed to third parties under local laws or regulations, (2) with respect to IRC and National, the terms of this Agreement and (3) any information developed by reference to IRC's or National's information. "Consents" shall mean all licenses, consents, authorizations and approvals that are necessary to allow National and National Agents to use (a) IRC's owned and leased assets, (b) the services provided for the benefit of IRC under IRC's third- party services contracts, (c) the IRC Software, (d) any National Software and Tools, (e) any assets owned or leased by National and (f) any third -party services retained by National to provide the Services during the Term and the Termination Assistance Period. All Consents shall be in writing. "Contract Year" shall mean each 12 -month period commencing on the Effective Date and thereafter upon the completion of the immediately preceding Contract Year. "Control" and its derivatives, shall mean, with regard to any entity, the legal, beneficial or equitable ownership, directly or indirectly, of 50 percent or more of the capital stock (or other ownership interest, if not a corporation) of such entity ordinarily having voting rights, or effective control of the activities of such entity regardless of the percentage of ownership. "Data Safeguards" shall have the meaning set forth in Section 18.02. "Deployment" shall have the meaning given in Section 5.01. "Deployment Plan" shall have the meaning given in Section 5.01. 278 "Deployment Schedule" shall mean the project schedule of activities as initiated in Exhibit 1 Section 8 and to be completed and included in the Deployment Plan. "Designated National Service Location(s)" shall mean any National service location set forth in Exhibit 1 "Disaster" shall mean an unanticipated incident or event, including Force Majeure Events, technological accidents, or human -caused events, that may cause a material service, critical application, manufacturing capability or capacity, or communications network to be unavailable without any reasonable prediction for resumption, or that causes data loss, property damage or other business interruption without any reasonable prediction for recovery, within such period as determined by IRC, in its sole discretion. "Dispute" shall mean any disagreement, argument or difference of opinion between (1) any of National and or of its respective Affiliates (collectively, the "National Parties") on one hand and (2) IRC and any of its respective Affiliates (collectively, the " IRC Parties") on the other hand as to (a) any matter, whether deemed material or not, directly or indirectly concerning or related to this Agreement, the Purchase Order or any Change Order (whether proposed, pending, or previously agreed to) or (b) any other matter that arises between or as to any of the National Parties and any of the IRC Parties at any time. "Dispute Notice" shall have the meaning set forth in Section 25.02(1). "Documents" shall have the mean any literary works or other works of authorship created under this Agreement, including deployment and installation plans, reports, training materials, data, documentation and information, in whatever form, produced or created by National for IRC in connection with the Services "DRP" shall have the meaning set forth in Section 19.02(1). "Effective Date" shall have the meaning set forth in the Preamble. "Equipment" shall mean deployment and installation tools, work management tools, data storage and management tools (including handheld devices), inventory tools for bar-coding and Radio-frequency Identification (RFID), vehicles, computers and related equipment, including processors, controllers, storage devices, networks, modems, routers, communications and telecommunications equipment (voice, data and video), cables, printers, terminals, other peripherals and input and output devices, transmitters and receivers, automated work order systems, test boards and other tangible mechanical and electronic equipment intended for the processing, input, output, storage, manipulation, communication, transmission, testing and retrieval of information and data. "FCC Rules and Regulations" shall have the meaning set forth in Section 23.02(8). "Force Majeure Event" shall have the meaning set forth in Section 19.01. 279 "Governmental Approval" shall mean any license, consent, permit, approval or authorization of any person or entity, or any notice to any person or entity, the granting of which is required by applicable law, rule or regulation during the Term for the consummation of the transactions contemplated by this Agreement. Governmental Approvals include Board Approvals. "In -source" shall have the meaning set forth in Section 4.04. "Initial Agreement Expiration Date" shall have the meaning set forth in Section 3.01. "Interest" shall mean the commercial paper non-financial interest rate for the one-month commercial paper published in the then -current month's issue of the Federal Reserve Statistical Release G.13 (selected interest rates) at the applicable time. "IRC Agents" shall mean the agents, contractors and representatives of IRC, other than National and National Agents. "IRC Assets" shall mean all IRC assets, including the IRC Service Locations, all IRC Software and Equipment, the IRC Data, the AMR Meters and any rights and easements of IRC to access the AMR Meters. "IRC Data" shall mean all data and information of IRC or its customers, suppliers, contractors and other third parties doing business with IRC that is (1) submitted to National or National Agents by IRC or such customers, suppliers, Nationals or other parties in connection with this Agreement, including IRC P11, (2) submitted to IRC by National or National Agents in respect of the Services or (3) obtained, developed or produced by National or National Agents in connection with this Agreement, including, information relating to IRC's customers, employees, technology, meters, operations, facilities, consumer markets, products, capacities, systems, procedures, security practices, research, development, business affairs and finances, ideas, concepts, innovations, inventions, designs, business methodologies, improvements, trade secrets, copyrightable subject matter, patents and other intellectual property and proprietary information. IRC Data shall not include statistical data solely in respect of National's actual performance against the Service Levels under this Agreement presented in a manner that does not disclose any Confidential Information of IRC or from which Confidential Information of IRC can be derived. "IRC P11" shall mean all personally identifiable information of IRC's or its Affiliates' employees or customers provided to or acquired by National in connection with the Services. "IRC Project Manager" shall have the meaning set forth in Section 11.01. "IRC Proprietary Software" shall mean the Software and Related Documentation owned, acquired or developed by IRC (1) prior to the Effective Date and to which access by National is required in order for National to provide the Services, and (2) after the Effective Date and to which access by National is required in order for National to provide the Services. "IRC Service Location(s)" shall mean any IRC facilities or service locations. 280 "IRC Software" shall mean the IRC Proprietary Software and the IRC Third -Party Software. "IRC Third -Party Software" shall mean the Software and Related Documentation that is licensed or leased by IRC from a third -party (1) prior to the Effective Date and to which access by National is required in order for National to provide the Services, and (2) after the Effective Date and to which access by National is required in order for National to provide the Services. "IRC's Regulatory Requirements" shall mean the laws, rules and regulations on an international, Federal, state and local level to which IRC is required to submit or voluntarily submits from time to time. "IRC" shall have the meaning set forth in the Preamble. "Key National Position" shall have the meaning set forth in Section 13.02. "Key Personnel" means those persons to be used by National in performance of the Services as identified in this Deployment Services SOW. In addition to any person identified by name, all persons filling positions identified as "Key Personnel" members in Exhibit 1 shall be deemed Key Personnel. "Law" shall mean all federal, state, and local laws, statutes, ordinances, regulations, rules, executive orders, supervisory requirements, directives, circulars, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof, or any regulatory or administrative entity, including the PUC Regulatory Requirements and the FCC Rules and Regulations. "Milestone" shall mean that date upon which a Documents, deliverable or significant activity is to be completed. "Monthly Service Level Report" shall have the meaning set forth in Section 9.05. "National Agents" shall mean the agents, subcontractors and representatives of National. "National Data Connection" shall have the meaning set forth in Section 12.03. "National Equipment" shall mean the Equipment rented, leased or owned by National and National Agents that is used by National and National Agents to provide the Services. "National Personnel" shall mean employees of National and National Agents who provide the Services. "National Processes" shall mean the processes and Related Documentation owned or developed by or on behalf of National that are used in connection with the Services. "National Project Coordinator" shall have the meaning set forth in Section 13.01. 281 "National Proprietary Software" shall mean the Software and Related Documentation owned or developed by or on behalf of National that is used in connection with the Services. "National Software" shall mean the National Proprietary Software and the National Third -Party Software, collectively. "National Third -Party Software" shall mean the Software and Related Documentation licensed or leased by National from a third -party that is used (1) in connection with the Services or (2) with any National Proprietary Software. "National" shall have the meaning set forth in the Preamble. "Non -accessible Meter" means any meter that has imminent failure of plumbing, rotted pipes, preexisting Teaks or plumbing that is not conforming to local plumbing code, meters that are hard piped (no couplings), customer refusal of service or customer refusal of RF Integrated equipment being installed, appointments that require access to secure or locked areas and customer does not make arrangements, hazardous materials in meter box or on piping IE Asbestos lined pipes, and when National has made attempts multiple attempts to access meter as defined in "Accessible Meter". "On -Site Repairs" shall mean any repairs required after installation resulting from improper installation or oversite on the installation crew "Out -of -Pocket Expenses" shall mean reasonable, demonstrable and actual out-of-pocket expenses incurred by National for Equipment, materials, supplies or services provided to or for IRC as identified in this Agreement, but not including National's overhead costs (or allocations thereof), internal administrative expenses or other mark-ups. "Out -of -Scope Service(s)" shall mean any service that is outside the Scope of the Services. "Parties" shall have the meaning set forth in the Preamble. "Party" shall have the meaning set forth in the Preamble. "Pass -Through Expenses" shall mean third -party charges that are paid by National and for which National is reimbursed. Pass -Through Expenses exclude National's overhead costs (or allocations thereof), internal administrative expenses or other markups. "Preamble" shall mean the first paragraph of this Agreement. "Privacy Laws" shall have the meaning set forth in Section 18.03. "Prohibited Items" shall have the meaning set forth in Section 8.04(3). "Re -source" shall have the meaning set forth in Section 4.04. 282 "Rejected Meters" shall mean non -working or meters failing testing criteria "Related Documentation" shall mean, with respect to National Processes, Software, Tools and AMR Modules, all materials, documentation, specifications, technical manuals, user manuals, flow diagrams, file descriptions and other written information that describes the function and use of such National Processes, Software, Tools or AMR Modules, as applicable. "Replaced Meters" shall mean the as found meter prior to National's installation of the AMR meter as outlined in Services "Return to Owner" means a non -Accessible Meter for which responsibility for installation has been transferred from National to IRC as provided Exhibit 1. "Route" shall mean a group of AMR Meters in the. IRC territory identified in the Deployment Plan as a "Route". "Service Level Default" shall mean the failure of National to meet a Service Level. "Service Level" shall mean the quantitative performance standards for the Services set forth in Exhibit S. "Service Location(s)" shall mean any IRC Service Location or Designated National Service Location, as applicable. "Services" shall have the meaning set forth in Section 4.01. "Software" shall mean the source code and object code versions of any applications programs, operating system software, computer software languages, utilities, other computer programs and Related Documentation, in whatever form or media, including the tangible media upon which such applications programs, operating system software, computer software languages, utilities, other computer programs and Related Documentation are recorded or printed, together with all corrections, improvements, updates and releases thereof. "Statement of Work" shall mean the description of activities, tasks, responsibilities and duties of National set forth in Exhibit 1. "Systems" shall mean any Equipment or Software comprising a Party's computing system, and includes the IRC Computing Systems. "Term" shall mean the Term of the project as set forth in Section 3.01. "Termination Assistance Period" shall mean a period of time designated by IRC commencing on the date a determination is made that there will be an expiration or termination of this Agreement and continuing for up to 12 months after the expiration or termination of this Agreement, during which National shall provide the Termination Assistance Services. 283 "Termination Assistance Services" shall mean (1) the Services (and any replacements thereof or substitutions therefor), to the extent IRC requests such Services during the Termination Assistance Period, (2) National's cooperation with IRC or another service provider designated by IRC in the transfer of the Services to IRC or such other service provider in order to facilitate the transfer of the Services to IRC or such other service provider and (3) any Out -of -Scope Services requested by IRC in order to facilitate the transfer of the Services to IRC or another service provider designated by IRC. "Third -Party Providers" shall mean any parties other than National and IRC that are providing services and equipement in connection with Exhibit 1. "Tools" shall mean any Software development and performance testing tools, know-how, methodologies, processes, technologies or algorithms and Related Documentation used by National in providing the Services and based upon trade secrets or proprietary information of National or otherwise owned or licensed by National. "Use" shall mean the right to use, Toad, execute, store, transmit, display, distribute, copy, maintain, modify, enhance and create derivative works. "WMDVBE" shall mean a certified Women Minority Disabled Veteran Business Enterprise. 284 Meter Deployment and Material Purchase Pricing Item Description Estimated Quantity Installation Price Each Material Price/Owner Direct Purchase Total Price Install 5/8 x 3/4 inch meter with check valve 33,500 $58.00 $249.11 $10,288,185.00 Install 1" meter with check valve 860 $65.00 $312.24 $324,426.40 Install 1 1/2 " meter with check valve 0 $145.00 $544.16 $0.00 Install 2" meter with check valve 270 $160.00 $1,746.84 $514,846.80 Install 5/8 x 3/4 inch meter 50 $26.00 $205.00 $11,550.00 Install 1" meter 40 $26.00 $267.47 $11,738.80 Install 11/2 " meter 0 $88.00 $0.00 Install 2" meter 0 $105.00 $0.00 Install 3" meter 7 $325.00 $2,270.93 $18,171.51 Install 4" meter 15 $400.00 $3,560.43 $59,406.45 Install 6" meter 1 $550.00 $5,547.76 $6,097.76 Install 8" meter 1 $1,350.00 $7,427.40 $8,777.40 Replace 4G register only 2,000 $19.00 $144.00 $326,000.00 Replace residential check valve 2,000 $33.00 $44.11 $154,220.00 Replace meter pit lid - 10" x 15" x 2" 100 $1.00 $28.15 $2,915.00 Replace meter pit lid - 11" x 18" x 2" 20,000 $1.00 $29.00 $600,000.00 replace meter pit lid - 13" x 24" x 2" 50 $5.00 $48.86 $2,693.00 Replace meter pit lid - 17" x 30" x 2" 150 $15.00 $76.47 $13,720.50 Replace meter pit lid - 30" x 48" Bolt down 2 $42.00 $1,208.24 $2,500.48 Replace box 10" x 15" 0 $10.00 $0.00 Replace box 11" x 18" 20,090 $12.00 $45.00 $1,145,130.00 Replace box 13" x 24" 50 $18.00 $78.60 $4,830.00 Replace box 17" x 30" 150 $18.00 $95.06 $16,959.00 Install 6" riser (resetter) with new meter** 1,000 $7.50 $123.00 $130,500.00 Install 12" riser (resetter) with new meter** 1,000 $10.00 $116.00 $126,000.00 GPS coordinates of each meter box - includes data capture, equipment, labor, transportation and digital photo 36,744 $9.70 $356,416.80 MDM Software - Initial upload 36,744 $3.25 $119,418.00 Subtotal $14,244,502.90 Meter Testing 5/8" x %" 33,550 $2.50 $83,875.00 1" 750 $4.50 $3,375.00 1 'A" 150 $17.50 $2,625.00 2" 270 $17.50 $4,725.00 3" 7 $275.00 $1,925.00 4" 15 $275.00 $4,125.00 6" 1 $275.00 $275.00 8" 1 $275.00 $275.00 Subtotal A1411,200.00 Meter Deployment and Material Purchase Pricing Item Description Estimated Quantity Installation Price Each Material Price/Owner Direct Purchase Total Price Meter Recycling 5/8" x %" 33,550 -$3.50 ($117,425.00) 1" 750 -$5.50 ($4,125.00) 1 %" 150 -$12.50 ($1,875.00) 2" 270 -$12.50 ($3,375.00) 3,, 7 -$50.00 ($350.00) 4" 15 -$60.00 ($900.00) 6" 1 -$70.00 ($70.00) 8" 1 -$80.00 ($80.00) Credit for Recycling ($128,200.00) Optional Additional Serivces Meter Seals (NMS Seals, sequentially numbered) $1.27 $0.00 Meter Seals (IRC Seal, sequential numbering) $1.62 $0.00 1/8" thick, 48" Bypass Cable Seals (sequentially numbered) $15.42 $0.00 Downsize 1" meter to 5/8", includes parts & labor 710 $60.00 $42,600.00 Downsize 2" meter to 1", includes parts & labor 250 $350.00 $87,500.00 Downsize 2" meter to 5/8", includes parts & labor 50 $350.00 $17,500.00 Downsize 1%2" meter to 5/8", includes parts & labor 75 $350.00 $26,250.00 Downsize 1 %2" meter to 1", includes parts & labor 50 $200.00 $10,000.00 Downsize 3" meter to 2", includes parts & labor $620.00 $0.00 Downsize 4" meter to 2", includes parts & labor $725.00 $0.00 Upsize 1 Y2" meter to 2", plus meter install 25 $300.00 $7,500.00 MDM Annual Hosting (Starts 6 months after Project Completion) $2.00 $0.00 MDM Data Modification per Unit $1.50 $0.00 Subtotal $191,350.00 Contingency for Work Change Directives $308,366.00 Total $14,717,218.90 286 Meter Deployment Services for Automatic Meter Reading (AMR) Indian River County Board of County Commissioners Meeting of July 16, 2019 Introduction ❖ August 14, 2018 The BCC approved staff to begin negotiations with National Metering Services Inc. (NMS), which was the top ranked firm for Meter Deployment Services ❖ The project is expected to be completed within 24 months of the Notice to Proceed What is AMR? r. ❖ Automated Meter Reading (AMR) Automated meter reading by physically driving to the meter and obtaining a meter reading using a hand held device, tablet, or laptop Why AMR? ❖ Minimize Non Revenue Water (NRW) • Dead meters • Water Theft -early detection due to alarms • Leaks -early detection due to alarms Th ❖ Increase efficiency in reading meters • Pick up reads by drive-by in general location of meter • No need for meter reader to get in and out of truck, or lift every meter box lid to obtain a read ❖ Reduce number of vehicles needed to read meters • Insurance • Fuel • Maintenance and Repairs • Replacement Costs ❖ Reduce liability and worker's compensation claims ❖ Integrate the FDEP check valve replacement initiative with the meter replacement program. Use of AMR reduces the requir- ' ent to replace check valves every five years to every ten year Why AMR? ❖ Improve Customer Satisfaction • Reduce the "There's no way I used that much water" conversations • Empower Customers to better manage their water usage by identifying peak usage ❖ Reduce Customer Service Costs • Improve customer dispute resolution • Eliminate estimated bills • Provide quicker turn -around time for move -outs (final bills) ❖ Improve Cash Flow by reducing the lag time between customer usage and billing and revenue collection ❖ Increase Management of Water Conservation Awareness ❖ Reduce carbon footprint ❖ Decrease issues with difficult to access meters Who is NMS? ❖ Install between 180,000 to 200,000 endpoints per year ❖ They are the company of choice for Suez North American and American Water, who are the largest water purveyors in the United States with a combined 21.5 million endpoints etering SERVICES, INC. c rr NMS Projects —Prior and Current ❖ St. Augustine - 11,000 ❖ Zephyrhills - 13,000 ❖ Ormond Beach - 11,000 ❖ Daytona Beach - 25,800 ❖ Port Orange - 10,000 ❖ Indian River County (proposed) — 36,744 L‘Y'Y fih STAUGUSTINE. EST. 1565 Community Outreach Campaign •3 Buckslip in utility bills ❖ Letters or postcards to customer ❖ IVR calls to customers ❖ Toll-free call center access for customers ❖ Provide a list of frequently asked questions and answers In Your Neighborhood ❖ Calls/postcards notifying customers when they will be in their area ❖ Appointments as needed to accommodate business hours ❖ All NMS employees will be in uniform and will drive company vehicles Recommendation ❖ Authorize the Chairman to endorse the agreement for Meter Deployment Services between Indian River County and National Metering Services, Inc., for $3,083,663.80, after final review and approval by the County Attorney. • Authorize staff to issue work change directives related to the Meter Deployment program in order to assure that work can continue expeditiously after discovery of unique field conditions as long as such directives do not alter the overall scope of the program and do not exceed $308,366.00. It is understood that, upon completion of the project, staff would provide a report to the BCC that fully describes the final authorized amount. Office of Attorney's Matters 07/16/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: July 9, 2019 SUBJECT: Acquisition of Right -Of -Way Parcel 110 for Phase 111 of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Doris and Billy Jackson are the owners of a 1.85 acre parcel of property on the west side of 66th Avenue just south of 69th Street which is depicted on the aerial photo attached to this memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is improved with a three bedroom, two bath 1,302 square foot single family residence with an attached carport. The parcel has been owned by the Jackson family since the home was built in 1963. Construction plans for this section of 66th Avenue call for the County to acquire 0.47 acres of right-of-way from the Jacksons consisting of a 131' wide by 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right- of-way are attached to this memo as Exhibit "B". The total property needed is ± 25% of the Parcel, leaving a remainder of 1.38 acres. A pre -suit mediation conference was held on June 28, 2019, with Mr. and Mrs. Jackson, their attorney David Holloway, Rich Szpyrka, and the Deputy County Attorney in attendance. Attorney Randy Brennan was the mediator. At the mediation, the Jacksons expressed the desire to keep the house on the remainder property. County staff expressed concern over keeping the house on the parcel citing a close proximity to the new right-of-way line. After the road and sidewalk are constructed, the front porch will be about 10 feet from the new property line. In past discussions with the Jacksons and their attorney, they inquired about acquiring the County owned lot adjacent to the north of the Parcel. In April 2009, the County purchased the adjacent property to the north of the Jackson's parcel for $480,000. The 287 Jackson Parcel 110 memo to BCC July 9, 2019 Page 12 adjacent 1.75 acre parcel was improved with a 2,100 square foot home and a 720 square foot guest cottage. The property was leased back to the owners for a period of time before the buildings were demolished by the County. The remainder 1.28 acre site is now vacant. The adjacent property is depicted on the aerial photo attached to this memorandum as Exhibit "C", but the right-of-way needed for 66th Avenue is not deducted. In the recent past, the County has paid $29,880/acre for an arm's length purchase for the Greene property further south on 66th Avenue near 53rd Street. Using this per acre price, the value of the adjacent parcel is estimated at $38,246.40. The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they assigned a value of $45,000 for the 0.47 acres of right-of-way and $145,000 for the entire property. The appraiser retained by the Jacksons valued the Parcel at $429,000 for a partial take and $510,000 for the entire property. After further discussion, the parties reached an agreement where the County would convey the 1.28 acre adjacent parcel (Parcel 111) to the Jacksons and the sum of $210,000 for the needed 0.47 acre right-of-way parcel (Parcel 110). The conditions of the sale are as follows: 1. The County (or its contractor) will construct an 18' driveway to the remainder Parcel 110. 2. The Jacksons will assume all risks of any drainage issues on Parcels 110 and 111 that may occur as a result of the 66th Avenue improvement project. These conditions were approved by the Public Works Director. Due to the close proximity of the new right-of-way line to the front of the house (about 10 feet), most eminent domain appraisers would deem the house a total loss. In arriving at the settlement amount, staff reasoned that its own appraiser deemed the value of the whole parcel to be $145,000 and that the resale value of the adjacent property would be compromised by its smaller size for the area (less than 5 acres), making it most valuable to adjacent property owners like the Jacksons. The Jacksons sought appraisal, engineering and land planning fees in the amount of $22,632.50 which was negotiated downward to $20,000 and attorney's fees pursuant to the eminent domain statute of 33% of the benefit gained for the client ($210,000 - 45,000 _ $165,000 x 0.33 = $54,450), making the total cost to purchase $284,450. In the interest of settlement, Mr. Holloway agreed to waive any right to attorney's fees associated with the non -monetary benefits obtained as a result of acquiring the adjacent property and the driveway listed as a condition of the sale. By purchasing the property in advance of filing a lawsuit, staff is attempting to save on expert witness fees that would have been incurred by both parties. Pursuant to eminent domain statutes, the County is responsible for paying reasonable expert witness fees 288 Jackson Parcel 110 memo to BCC July 9, 2019 Page 13 incurred by both parties. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed, depositions of the experts are taken and mediation is held. The County has achieved significant savings in this case by not having to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and compromises on attorney's fees and expert costs. At the conclusion of the mediation conference, the parties entered into a Pre -Suit Mediation Settlement Agreement which is attached as Exhibit "D". FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave -65th Street -85th Street- Acct#10215141-066120-16009. STAFF RECOMMENDATION: Staff recommends the Board approve conveying the adjacent property to the Jacksons, approve the mediation agreement to purchase the 0.47 acre Jackson property for $210,000 with the stated conditions, approve costs incurred by the Jacksons of $20,000 and approve the settlement of attorney's fees of $54,450 and authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement on behalf of the Board. Attachments: Exhibit "A" Aerial Photo Exhibit "B" sketch and legal description of the right-of-way Exhibit "C" Aerial photo of the adjacent property Exhibit "D" Pre -Suit Mediation Settlement Agreement Copies to: David Holloway, Esq. 289 Exhibit A Indian River County, Florida Property Appraiser OwnerName PropertyAddress 32390700001001000003.0 JACKSON BILLY W 6835 66TH AV VERO BEACH, FL 32967 290 1/1 E as as W?% E 0 S Ioo' GRAPHIC SCALE P. E 1 f f1 Bi INDIAN RIVER FARMS CO. PLAT BOOK 2, PAGE 25 (ST, LUCIE) 32390700001001000003.0 ORB. 1023, PG 2395 LEGAL DESCRIPTION RIGHT OF WAY PARCEL r 156.00' EAST LINE TRACT 1 PARCEL 110 20,470 SQ. FT. 0.47 ACRES 156.00'50' 30' 20' 10 6677-1 A VENUE PARCEL 110 THE EAST 156.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL RECORDS BOOK 1023, PAGE 2395, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE NORTH 132 FEET OF THE SOUTH 264 FEET OF THE NORTH 10 ACRES OF THE EAST 20 ACRES OF TRACT 1, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA. IN PLAT BOOK 2, PAGE 25, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 20,470 SQUARE FEET OR 0.47 ACRES, MORE OR LESS. PROPOSED ACQUISITION PARCEL ACREAGE = 0.47 ACRES PORTION OF THE ACQUISITION PARCEL THAT IS ENCUMBERED BY THE FDOT = 0.09 .ACRES RIGHT—OF—WAY SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST UNE OF SECTION 7. SAID LINE BEARS NORTH 00'00'25" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION .AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 8 LEGEND SECTION UNE EASEMENT LINE PROPERTY LINE PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY UNE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE FLORIDA DEPARTMENT OF TRANSPORTATION SECTION SCALE 1'..100' 0F54i® P.O.C. P.O.B. R/W ORB PG FDOT SECT. This certifies that o legal description and sketch of the property shown hereon was made under my supervision and that this legal - description and sketch meets the standards of. practice sot forth by the Plorido Board of Professional Surveyors and Mappers In Chapter -5.1-17, Florida Administrative Code, pursuant to Section 472.027 arida Statutes, and that this drawing is a true and accurate reg -• entotion thereof to the best 'of my knowledge and belief. Sublet- - - o -notes and notations shown hereon._ EG DEME7ER, P.S.M. NO. 0179 JUL 2 4 2017 0,47E Not .valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. BY Df0 ORRARM BY DFD woo® BY ECD Kimsey»»Horn (a.:17 ansY-Ran, AND As5000ATER. MC. 515. Wnp 200. VFAO BEAa1. 3205 WHOM 772 722W -1-{1001*51 772-754.{14150 MMM.20SEY-14ORN.00U - DATE 7/10/17 PROJECT NO. 047033041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 1.10 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 OF 1 291 Exhibit C Indian River County, Florida Property Appraiser PareelID OwnerName PropertyAddress 32390700001001000002.0 INDIAN RIVER COUNTY 6855 66TH AV VERO BEACH, FL 32967 292 INDIAN RIVER COUNTY (hereafter Petitioner) vs. BILLY W. JACKSON (PARCEL 110) (hereafter Defendant) PRE -SUIT MEDIATION SETTLEMENT AGREEMENT The above named Petitioner and Defendant have reached the following agreements in full and complete resolution of the above styled pre -suit claim, which arises out of an eminent domain claim by the Petitioner against the property owned by the Defendant and located at 6835 66th Ave, Vero Beach FL 32967, (Hereafter "Parcel 110") the legal description of which is included on exhibit A: 1. Within 20 days of the County Commission approving this Agreement as described herein, the Petitioner agrees to do the following: a. The Petitioner will pay to the Defendant the total sum of $210,000.00 (Two Hundred Ten Thousand Dollars); and b. The Petitioner will convey to the Defendant clear title to the real property known as the remainder parcel from Parcel 111, the legal description of which is shown on exhibit. B to this Agreement; and c. The Petitioner will pay the Defendant $54,450.00 (Fifty Four Thousand Four Hundred Fifty Dollars) in attorney's fees, including any non -monetary claims for fees; and d. The Petitioner will pay Defendant $20,000.00 (Twenty Thousand Dollars) in reimbursement for Defendant costs. 293 2. Within 20 days of the County Commission approving this Agreement as described herein, the Defendant agree to do the following: a. The Defendant will convey to the Petitioner clear title to the real property described as the "Right of Way Parcel" on Exhibit A. (Parcel 110 containing 0.47 acres +/-) 3. The Petitioner agrees to construct an 18' wide driveway from 66th Ave onto Parcel 110 during the planned 66th Avenue roadway widening project. Depending on the engineering requirements, the driveway may extend into Parcel 110, in which case Defendant agrees to give Petitioner a temporary construction easement or right of entry to construct the driveway. 4. The Defendant agree to assume all risk regarding any drainage issues on Parcel 110 and 111 resulting from the 66th Avenue roadway widening project. 5. This entire Agreement is subject to and contingent upon approval by the Indian River County Board of County Commissioners (Hereafter the Board). The Petitioner will put this Agreement on the agenda for the next available Board meeting and the County Staff will recommend Board approval of this Agreement. If the Board fails to approve this Agreement, then this entire Agreement is void. 6. Except as stated herein, all parties to this agreement further agree to bear their own costs and fees. 7. The Petitioner will pay the entire cost of the mediation. 8. This agreement is final and binding as of the date and time it is signed by or on behalf of the parties. 294 9. Other agreements: None Done and agreed to on this 27th day of June, 2019 in Vero Beach, Florida. WILLIAM K. DEBRAAL, ESQUIRE BILLY W. JACKSON. Indian River County Attorney Defendant/Representative DAVID W. HOLLOWAY, ESQUIRE Attorney for Defendant H. RANDAL BRENNAN, MEDIATOR Mediator #:15632CR 295 1 •= ?qi1S/ •66th Avenue RoadwaV. litiptoVetiferits Right-of-Way Acquisition •Project will be constructed ases. .SQ One is from north of rth of 69th Street. e Two is from North of 69th,Street 5th Street (CR -510) Right-of-Way Acquisition •Phase One requires the acq 7 Parcels. ave acquired 16 Parce ave negotiated with 3 others that 11 present to the BCC in August. e still have 8 parcels to Acquire. 66'h Avenue Roadway Im prove ments Right -of -Way Acquisition Phase Two requires the acquisition of 31 Parcels. We have acquired 1 1 Parcels. ere are 6 Parcels that will be icated to the Countyvia a Developers Agreement. We still have 14 parcels to Acquire. i I 9115 5 f qq,2A5-(o i.2q-7 AC -5 +s_v�f.ev it ntklis 4,0ii�•iX�iaddr«yryrw�ir��+�w3.A. c5�]ot r . • 1?. 29s-9 R 4�1Ff PiiSr tialili*y4,111.6IMtMAtift04,S'su '�D DASSfYUK3.9 qq,2c6-lbs -,,04* KO -AV( ixedi,141,41-16,67,66-A.6%..4i64re.4.4-4-4-*-4i,i*.iiimiidixoaiiii0i.41$6-theriiiiiiinA r m s'.740,C-#/1 L z9674, ri R i/Y i a s. '� ✓ 3� O RS VD Ck d t 1 441f1''..Sys�M� > ,tea � N kms. a s TT 1 MxrtM4 Cin iii;.' � �`�''. �` •. ¢`• � Cel CD �dki'QS w Y `G k 3 R �� V�» • 4i,„ogee'-',""""'„„,;,:-4.1•;::',:••• • rrrr4r' fir EMERGENCY ITEM County Attorney's Matters - B.C.C. 7.16.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 15, 2019 SUBJECT: Ocean Concrete and George Maib v. Indian River County Circuit Court Case No. 31 -2007 -CA -011589. DCA Case No. 4D16-3210. BACKGROUND. As the Indian River County Board of County Commissioners is aware, this case arises out of a dispute regarding a proposed development of property for use as a concrete batch plant. The plaintiffs' fourth amended complaint set forth three counts against Indian River County: Count I for inverse condemnation or regulatory taking; Count II for violation of the Bert J. Harris Act; and Count III for compensatory damages and declaratory judgment pursuant to 42 U.S.C. § 1983. On November 20, 2015, a jury returned a verdict in favor of Indian River County on Count III, finding that the plaintiffs' procedural due process rights were not violated. On August 19, 2016, the circuit court issued a final judgement in favor of Indian River County on all remaining counts. The case was appealed and on March 14, 2018, the district court affirmed in part, reversed in part and remanded. The appellate court upheld the trial court ruling on the inverse condemnation or regulatory taking count and the count under 42 U.S.C. § 1983. However, the appellate court ruled that Indian River County was liable under the Bert J. Harris Act. The County sought an appeal with the Florida Supreme Court, which denied taking jurisdiction. The case is currently pending, awaiting trial for damages. The claim presented by the plaintiffs is predicated on an appraisal that claimed the loss in value due to the elimination of a cement batch plant from the property was $1.7 million. Under the Bert J. Harris Act, the plaintiffs may be able to recover reasonable costs and attorney fees, and be paid interest, if the plaintiffs prevail in the action. On July 11, 2019, the plaintiffs and the. County attended mediation. Although we were not able to settle the case, outside counsel and the County Attorney, decided it might be important to file a Proposal for Settlement (PFS) C:IUserslicow oyerlDesktoplOcean Concrete Litigation—emergency addition Z1619.docx Board of County Commissioners July 12, 2019 Page 2 A proposal for settlement in Florida can be filed by a party to a civil lawsuit for damages pursuant to section 768.79, Florida Statutes. The party to whom the proposal is directed has thirty days from the date of filing to accept the proposal or it is deemed rejected. If the proposal for settlement is rejected by the offeree and the case progresses through litigation and the judgment is at least 25% less than the amount of the proposal for settlement, a court can award costs and attorney's fees incurred after the date of the proposal. The County Attorney's Office recommends that the County offer a PFS in the amount of $800,000, which would include the fees and costs. It should be noted that the insurance carrier will be contributing roughly $700,000 to the settlement. FUNDING. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve filing of a Proposal for Settlement in the amount of $800,000 C: I UsetsltcmonoyeriDeskioplOcean Concrete Litigation—emergency addition 7.1619.docx qi_ SGS-zo July 16, 2019 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 9, 2019 SUBJECT: Florida Association of Counties call for policy ideas FROM: Deter O'Bryan Commissioner, District 4 On Thursday, September 26th, commissioners and county staff will meet during the 2019 Innovation &Policy Conference to discuss, debate and vote on FAC's policy positions for the 2019 Legislative Session. Your active participation in the policy development process is needed! During the conference, members will review FAC's guiding principles, existing policies and debate new proposals. To submit your county's proposals for consideration, follow the guidelines outlined below. Proposals should include: • a draft policy statement declaring support or opposition to an issue; • any relevant history explaining why the policy position should be established; • information and/or statistics on how the policy impacts your county and any statewide implications; and, • the fiscal impact of either the problem the policy position would correct or fiscal impact of implementing the proposed policy. The deadline to submit your proposals is August 23, 2019. If you have any questions about the policy submission process contact Tiffany Henderson at (850) 922-4300. 296 154/ Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www. ircgov. com. Solid Waste Disposal District Meeting Minutes - Draft Tuesday, May 21, 2019 Commission Chambers Board of Commissioners Bob Solari, Chairman, District 5 Susan Adams, ice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County. Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Rhonda D. Zirkle, Deputy Clerk 297 Board of Commissioners Meeting Minutes - Draft May 21, 2019 B. . Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal. District meeting. 15.B.1. 19-0411 Approval of Minutes Meeting of March 26, 2019 Recommended Action: Approve Attachments: Meeting Minutes Tuesday, March 26, 2019 A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve the Meeting Minutes of March 26, 2019..The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.6.2. 19-0439 Work Order No. 1 to Kessler Consulting, Inc., for Solid Waste Composition Study Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the following: a) Authorize and approve Work Order No. 1 with Kessler Consulting, Inc. in the amount of $34,400 to provide a solid waste composition study; and, b) Authorize the Chairman to execute the same, as presented (Clerk's Note: This item was deleted from the agenda.) Deleted Indian River County Florida 298ge 1 t513q Date: To: From: Indian River County, Florida Solid Waste Disposal District Board Memorandum July 5, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of 2019 CPI Adjustment Request by Waste Management Descriptions and Conditions: On April 21, 2015, the Indian River County Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for the Solid. Waste and Recyclables Collection with Waste Management Inc. of Florida (WMIF) (the "Franchise Agreement"). WMIF started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit 1, along with a rate adjustment process specified in the referenced Exhibit 4 of said agreement. On October 4, 2016, the SWDD Board approved the First Amendment to the Franchise Agreement, which updated the rate adjusment process wherein all unit prices remained the same for the first two years, i.e. through September 30, 2017. The natural gas component was removed, and the maximum rate adjustment was set to 3.0%. On May 25,2017, in accordance with Article 16.1.2. "Rate Adjustment", WMIF submitted an annual rate adjustment request of 1.51% to be effective October 1, 2017. The SWDD Board approved this request on August 15, 2017. On May 29, 2018, WMIF submitted an annual rate adjustment request of 1.88% to be effective October 1, 2018. The SWDD Board approved this request on August 14, 2018. On May 28, 2019, WMIF submitted an annual rate adjustment request of 1.31% to be effective October 1, 2019, for Fiscal Year (FY) 2019/2020. This agenda item is requesting SWDD Board approval for the 2019 Consumer Price Index (CPI) adjustment request by WMIF. Analysis: Staff has reviewed, verified and recommends the approval of the request by WMIF of 1.31% of the residential and commercial rates as specified in the attached Exhibit 1. In summary, here are the changes: 299 Residential Unit FY2015/16 Rate FY2016/17 Rate FY2017/18 Rate FY2018/19 Rate FY2019/20 Rate Change from Prior Year Single Family Subscription $9.68 $9.68 $9.83 $10.01 $10.14 $0.13 Single Family Universal/mo. * $7.73 $7.73 $7.85 $8.00 $8.10 $0.10 Billed Cubic Yard $4.73 $4.73 $4.80 $4.89 $4.95. $0.06 Billed Cart Service $9.46 $9.46 $9.60 $9.78 $9.91 $0.13 Container Maintenance Fee $100.00 $100.00 $101.51 $103.42 $104.77 $1.35 15 Yard Open Top Per Pull * $155.00 $155.00 $157.34 $160.30 $162.40 $2.10 20 Yard Open Top Per Pull * $170.00 $170.00 $172.57 $175.81 $178.11 $2.30 30 Yard Open Top Per Pull * $205.00 $205.00 $208.10 $212.01 $214.79 $2.78 40 Yard Open Top Per Pull * $235.00 $235.00 $238.55 $243.03 $246.21 $3.18 Compactor - 20 cubic yards * $245.00 $245.00 $248.71 $253.38 $256.70 $3.32 Compactor - 30 cubic yards * $245.00 $245.00 $248.71 $253.38 $256.70 $3.32 Compactor - 40 cubic yards $245.00 $245.00 $248.71 $253.38 $256.70 $3.32 Single Family Recycling/mo. $2.55 $2.55 $2.59 $2.64 $2.67 $0.03 Multi -Family Recycling/mo. $2.04 $2.04 $2.07 $2.11 $2.14 $0.03 Commercial Compactor $14.19 $14.19 $14.40 $14.67 $14.86 $0.19 Exchange Solid Waste Cart $30.00 $30.00 $30.00 $30.00 $30.00 $0.00 Additional Solid Waste Cart $60.00 $60.00 $60.00 $60.00. $60.00 $0.00 Reinstate Service Charge $25.00 $25.00 $25.00 $25.00 $25.00 $0.00 * The rates for Universal Collection listed here and as provided by Waste Management in Exhibit 1 is calculated at 75% of the change in CPI; however, the Agreement stipulates that after October 1, 2018, the CPI rate for Universal Collection is to be calculated at a 100% of the change in CPI. Upon approval of the CPI rate increase by the SWDD Board, and in accordance with Article 16.1.2.4 of the Agreement, Waste Management will submit to SWDD staff, for approval, the notice to its customers of the rate increase prior to October 1, 2019. Funding: The majority of the services provided in the Franchise Agreement are directly paid by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WMIF by SWDD. The funding for these recyclables collection services are in the SWDD recycling account under Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and user fees. Below is the proposed funding allocation for FY19/20 which is expected to be sufficient for the recommended CPI increase: DESCRIPTION ACCOUNT AMOUNT Other Contractual Services 41125534-033490 $2,700,000 Recommendation: SWDD staff recommends that the Board approve the request for a 1.31% rate adjustment by Waste Management, Inc. of Florida and authorize the County Administrator or his designee to send a letter of approval. Attachment: 1. Rate Adjustment Letter from Waste Management 300 May 28, 2019 Mr. Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Dear Mr. Brown:. Thank you for the opportunity to provide solid waste collection services to Indian River County. In accordance with the contractual agreement granted to Waste Management Inc. of Florida, please accept this notice for the annual rate adjustment to reflect changes in the cost of doing business. Latest data reflected in the Consumer Price Index for Urban Consumers (CPI) serves as the basis for a 1.31% adjustment. Supporting documentation is included for your reference. The revised pricing structure, effective October 1, 2019, is attached for your review. Should you have any questions, please do not hesitate to contact me at (321) 537-4273 or via email at dreider@wm.com. On behalf of Indian River County's Waste Management employees, thank you for the privilege of serving the residents and businesses of Indian River County. Sincerely, Dina Reider-Hicks Public Affairs Manager cc: Vincent Burke, P.E., Director of Utility Services, Indian River County Himanshu Mehta, P.E., Managing Director, IRC SWDD Geoff Golder,Pricing Management, Florida Area Kasey Godwin, District Manager, WM Vero & Okeechobee Hauling Bob DelaCruz, Operations Manager, WM Vero Hauling 301 RESIDENTIAL COLLECTION SERVICE SUBSCRIPTION SERVICE Monthly Collection Fee/Unit Solid Waste: 1x/week in Franchisee - provided Roll Carts; Bulk Trash on call $ 7.12 Yard Trash: lx/week $ 3.02 Total Subscription Service $ 10.14 RESIDENTIAL COLLECTION SERVICE UNIVERSAL. SERVICE IN URBAN SERVICE AREA (applicable only if SWDD initiates universal collection) Monthly Collection Fee/Unit Solid Waste: Universal in USA: 1x/week in Franchisee - provided Roll Carts; Bulk Trash on call $ 5.08 Yard Trash: Universal in USA: 1x/week $ 3.02 Total Subscription Service $ 8.10 RESIDENTIAL COLLECTION SERVICE (ancillary services) One -Time Charge Exchange Solid Waste Cart Size: Following the 1st 90 days of service, upon request, customer can exchange cart service at No Charge; After that, any additional solid waste cart size exchange will incur a charge $ 30.00 Additional Solid Waste Cart: If Resident generates large quantities of SW, they may request ONE Additional Cart; This is a One -Time Charge; There is NO Additional Charge to Service the Extra Cart $ 60.00 Additional Recycle Cart: If Resident generates large quantities of REC, they may request an Additional Cart; There is NO CHARGE to deliver OR service a REC Cart $ - Reinstate Service Charge: Should a Roll Cart be removed from a Residential Customer due to Non Payment, WM may charge to Re -Deliver Cart $ 25.00 302 COMMERCIAL COLLECTION SERVICE Commercial Dumpster Service - includes container and maintenance Fee/Cubic Yard $ 4.95 Commercial Cart Service - in Franchisee - provided Roll Cart Fee/Pickup $ 9.91 Commercial Compactor - includes container and maintenance Fee/Cubic Yard $ 14.86 Container and Maintenance Fee/Month Fee / Pull Open Top Roll -Off - 15 cubic yards $ 104.77 $ 162.40 Open Top Roll -Off - 20 cubic yards $ 104.77 $ 178.11 Open Top Roll -Off - 30 cubic yards $ 104.77 $ 214.79 Open Top Roll -Off - 40 cubic yards $ 104.77 $ 246.21 Compactor - 20 cubic yards $ 104.77 $ 256.70 Compactor - 30 cubic yards $ 104.77 $ 256.70 Compactor - 40 cubic yards $ 104.77 $ 256.70 RESIDENTIAL RECYCLABLES COLLECTION SERVICE Monthly Collection Fee/Unit Residential Units: Single Stream; 1x/week in Franchisee - provided Roll Carts $ 2.67 MultiFamily Units: Single Stream; 1x/week in Franchisee - provided Roll Carts/Dumpsters $ 2.14 303 CPI -Urban Wage Earners and Clerical Workers (Current Series) Original Data Value Bureau of Labor Statistics For Indian River County Series Id: CWUR0300SA0 Not Seasonally Adjusted Series Title: All items in South urban, urban wage earners and clerical workers, not seasonally adjusted Area: South Item: All items Base Period: 1982-84=100 Years: 2009 to 2019 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2009 200.067 201.150 201.737 202.619 203.500 205.968 205.415 205.867 205.726 206.121 206.859 206.716 204.312 202.507 206.117 2010 207.405 207.325 208.621 209.017 208.920 208.640 208.440 208.740 209.155 209.376 209.352 209.994 208.749 208.321 209.176 2011 211.216 212.416 215.272 217.234 218.437 217.722 218.087 218.947 218.787 218.109 218.030 217.463 216.810 215.383 218.237 2012 218.571 220.080 221.792 222.872 221.690 221.077 220.705 222.250 223.497 222.779 221.361 220.975 221.471 221.014 221.928 2013 221.849 224.019 224.862 224.266 224.352 225.338 225.838 226.119 225.981 225.294 224.588 224.895 224.783 224.114 225.453 2014 225.459 226.443 227.975 229.519 229.901 230.476 230.195 229.594 229.666 228.724 226.959 225.251 228.347 228.296 228.398 2015 223.133 224.390 225.936 226.618 227.706 229.008 228.716 228.011 227.348 227.164 226.621 225.578 226.686 226.132 227.240 2016 225.274 225.239 226.818 227.955 228.943 229.955 229.281 229.479 230.070 230.238 229.753 230.016 228.585 227.364 229.806 2017 231.413 231.825 231.920 232.552 232.494 233.064 232.658 233.691 235.707 234.886 234.667 234.361 233.270 232.211 234.328 2018 235.649 236.975 237.318 238.380 239.291 239.844 239.787 239.743 239.707 240.241 239.179 237.492 238.634 237.910 239.358 2019 237.815 239.130 241.036 242.558 Index Change = 4.178 CPI Change = 75% of CPI = (NTE 3%) 1.75% 1.31% 304 Date: To: From: Indian River County, Florida Solid Waste Disposal District Board Memorandum July 5, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Focused Feasibility Evaluation of Landfill Leachate Descriptions and Conditions: On February 19, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board authorized CCNA 2018 Work Order No. 4 to Geosyntec in the amount of $30,989 to provide professional services related to the Focused Feasibility Study to explore leachate/centrate treatment and disposal options. The purpose of the study was to evaluate options for reducing the nutrient loading from the leachate and centrate that are impacting the stringent permit conditions at the West Regional Waste Water Treatment Facility (WRWWTF). The Class 1 Landfill is the source of the leachate (liquid that passes through the waste) and the Residuals Dewatering Facility (RDF) which is operated by the IRC Department of Utility Services (IRCDUS) is the source of the centrate (liquid portion of the dewatering process). Geosyntec has provided the attached technical memorandum to present the results of the focused feasibility study that includes review of the liquid chemistry and flow data, an evaluation of liquids management options, discussion of conceptual costs, summary of findings and recommendations. Analysis: Although the quantity and quality of the centrate was included in this study, based on direction from IRCDUS, it was determined that the centrate constitutes a residential stream that does not require pretreatment. Therefore, the primary focus was on the quantity and quality of the leachate in meeting the IRCDUS pretreatment standards. Based on the review of historical flows from June 2017 to February 2019, the landfill generated an estimated leachate flow of 16,000 gallons per day (gpd) and there is substantial fluctuation on the leachate generated based on climatic and operational conditions. For estimating purposes, a peak daily flow of 20,000 gpd was used in the study. A review of the leachate characteristics based on laboratory sampling in April 2019 compared to historical data show that arsenic (As), total nitrogen (TN) and total dissolved solids (TDS) exceed the specified local limits on discharge referenced in Section 201.68 of the IRC Code. The leachate also contains ammonia nitrogen (NH3-N), and biological oxygen demand (BOD) in excess of limits stipulated in 40 CFR 445.21. 305 Based on previous direction from the Board, underground injection via a deep well was ruled out in the study as well as any consideration of direct discharge of treated leachate effluent. In addition, based on the chemistry of the leachate, NPDES discharge restrictions, footprint requirements, treatment of leachate via aerated lagoons, "Vetiver grass" and constructed wetlands were also ruled out. Therefore, two primary leachate treatment / management options were evaluated with the goal to either continue to send the treated leachate to the WRWWTF or to manage the leachate onsite via thermal evaporation eliminating the need to send treated leachate to the WRWWTF. The first option involved the evaluation of a biological treatment approach using a Membrane Bioreactor (MBR) System combined with Reverse Osmosis (RO). Geosyntec obtained conceptual design and cost estimates from Dynatec Systems, Inc. The second option of evaluating leachate evaporation performed by Geosyntec utilized the design and costs from two different equipment vendors: APTIM and Heartland Water Technology. The following table summarizes the various treatment technologies: Geosyntec recommends that based on the technical and economic evaluation of the feasibility study, that there is a potential that the Heartland system could be a cost -competitive alternative to on-site treatment and continued discharge to WRWWTF. Geosyntec recommends a pilot study to further evaluate this approach. Funding: No funding is required at this time. Recommendation: Solid Waste Disposal District staff recommends that the Board approve the technical approach in further evaluating thermal evaporation technology as a potential solution for leachate treatment. Direct staff to obtain a pilot study proposal for Board approval at a future meeting. Attachment: 1. Geosyntec Focused Feasibility Technical Memorandum (the complete report is on file in the Department of Utility Services) 306 APTIM Heartland Dynatec Treatment Type: Evaporator Evaporator Biological/Membrane Design Capacity: 20,000 gpd 20,000 gpd 20,000 gpd Meet Local Limits: Yes Yes Yes Delivery Time: 10 months 6 months 3.5 months Require Permits: Solid waste, Title V Air, Building Solid waste, Title V Air, Building Solid waste, Wastewater, Building Electric/Fuel Landfill Gas (333 SCFM at 50% methane) Landfill Gas (315 SCFM at 50% methane) or engine exhaust, natural gas or any combination Electric By -Product: 12%-14% - 5% 10%-13% Capital Cost: $2,494,000 $2,059,550 $1,130,000 Annual Maintenance Cost: $177,600 $175,200 $405,500 Total 10 Year Costs: $4,270,000 $3,811,550 $5,185,004 Price per Gallon: $0.07 $0.06 $0.08 Geosyntec recommends that based on the technical and economic evaluation of the feasibility study, that there is a potential that the Heartland system could be a cost -competitive alternative to on-site treatment and continued discharge to WRWWTF. Geosyntec recommends a pilot study to further evaluate this approach. Funding: No funding is required at this time. Recommendation: Solid Waste Disposal District staff recommends that the Board approve the technical approach in further evaluating thermal evaporation technology as a potential solution for leachate treatment. Direct staff to obtain a pilot study proposal for Board approval at a future meeting. Attachment: 1. Geosyntec Focused Feasibility Technical Memorandum (the complete report is on file in the Department of Utility Services) 306 Memorandum Date: 3 July 2019 To: Himanshu Mehta, P.E., Managing Director, Indian River County Solid Waste Disposal District From: Kwasi Badu-Tweneboah, Ph.D., P.E., Principal Engineer, Geosyntec Consultants Herwig Goldemund, Ph.D., Senior Scientist, Geosyntec Consultants Samir Ahmed, E.I. (FL), Senior Staff Engineer, Geosyntec Consultants Subject: Focused Feasibility Evaluation of Landfill Liquids Management Options Indian River County Landfill, Vero Beach, Indian River County, Florida INTRODUCTION The Indian River County (IRC) Solid Waste Disposal District (SWDD) requested Geosyntec Consultants, Inc. (Geosyntec) to evaluate landfill liquids management alternatives for the IRC Landfill located in Indian River County, Florida (the Landfill). The Landfill includes a Class I landfill, an inactive Construction and Demolition (C&D) debris disposal facility, and other support facilities. A Residuals Dewatering Facility (RDF) was also constructed at the site and started operation on 5 March 2010. Leachate from the, Class I landfill and centrate (i.e., dewatering liquids) from the RDF are transmitted via force main to the West Regional Wastewater Treatment Facility (WRWWTF) for treatment and disposal. The regional lift station, force main, and WRWWTF are operated and maintained by the IRC Utilities Department (IRCUD). The WRWWTF is permitted to operate by the Florida Department of Environmental Protection (FDEP) with Permit No. FL0041637. Treated effluent from the WRWWTF is initially discharged into the created wetland through Outfall R-001 and to the countywide reuse system through Outfall R-002. The overflow treated effluent is discharged into the Lateral D Canal through Outfall D-001. Each outfall has its own monitoring requirements and effluent limitations are stipulated in Part I.A. (surface water discharge) and Part I.B. (reuse and land application systems) of the permit. A previous leachate pretreatment evaluation performed by CDM Smith (2018)1 indicated that three constituents in leachate (i.e., arsenic [As], total dissolved solids [TDS], and total nitrogen i CDM Smith (2018). Indian River County Landfill, Preliminary Leachate Pretreatment Evaluation; Technical Memorandum, April 2018. 307 [TN]) are present in concentrations exceeding the local discharge limits established for the WRWWTF. Therefore, additional data collection for leachate and centrate was performed to supplement existing data and to allow the evaluation of multiple liquids treatment and/or management options beyond pretreatment for subsequent discharge to the WRWWTF. The remainder of this technical memorandum is organized to present the results of the focused feasibility evaluation that include the following elements: (i) a review of liquids chemistry and flow data; (ii) an evaluation of liquids management options; (iii) a discussion of conceptual costs; (iv) a summary of the findings; and (v) recommendations. REVIEW OF LIQUIDS CHEMISTY AND FLOW DATA Samples of site-specific leachate, centrate, and combined leachate and centrate were characterized using two different analytical laboratories. ENCO Laboratories, Inc. (ENCO, Orlando, FL) reported results for general chemistry parameters, metals, and a limited set of organic parameters in these three waste streams, and TestAmerica Laboratories, Inc. (TestAmerica, Sacramento, CA) reported results for per- and polyfluoralkyl substances (PFAS) concentrations in the combined leachate and centrate sample. The samples were collected on 11 March 2019 and sent to the laboratories under chain -of -custody protocol. A follow-up analysis was performed by ENCO, with samples collected on 24 April 2019, to reevaluate select parameters that were measured at a higher concentration in the combined leachate and centrate sample compared to the individual sources. These parameters included fats, oil and grease (FOG), total phosphorus (TP), total suspended soils (TSS), and zinc (Zn). The follow-up analysis confirmed the results of the initial analysis as the same parameters in the combined sample exceeded the measurements in the individual sources. It is believed that the lift station where the Landfill's leachate and centrate are mixed, and where the combined samples were collected from, may contain an accumulation of solids and associated constituents, resulting in the combined samples with higher concentrations of these select parameters. A table summarizing analytical results collected during the 2019 sampling events is presented as Table 1 of this memorandum. Tables 2-1 through 2-3 present a comparison of the 2019 analytical test results and the historical analytical test results for landfill liquids at the Landfill. A review of Tables 2-1 through 2-3 indicates the current (2019) Landfill's leachate, centrate, and combined leachate and centrate characteristics are generally consistent with the historical analytical test results of the Landfill's liquids. Table 3 presents a comparison of the Landfill's PFAS concentrations in the combined leachate and centrate sample with a range of concentrations observed in several municipal solid waste (MSW) landfills tested across the 308 United States (Huset et al., 2011)2. Based on this study, the PFAS concentrations appear generally consistent with results obtained for other mature MSW landfills. Note, however, that the site-specific results were obtained from the combined leachate and centrate sample and are not representative of a pure leachate sample. Table 1 presents the specific local limits on discharge referenced in Section 201.68 of the IRC Code together with the analytical results. A review of leachate characteristics presented in Table 1 indicates the concentrations of TN, TDS, and As exceed the local limits. In addition, the concentration of alpha terpineol was observed to exceed the categorical effluent limits for the landfill leachate point source stipulated in 40 CFR 445.21, which would be applicable if the Landfill was going to apply for a direct discharge permit rather than routing leachate to the WRWWTF for subsequent treatment and disposal. The leachate also contains ammonia nitrogen (NH3-N), and biological oxygen demand (BOD) in excess of limits stipulated in 40 CFR 445.21. The analytical results are generally consistent with historical concentrations measured at the Landfill, as summarized in Table 2-1. The noted exceedances are also consistent with the leachate study prepared by CDM Smith (2018). A review of the centrate characteristics presented in Table 1 indicates the concentrations of TN and TP exceed the local limits. Although the analytical results are generally consistent with historical concentrations measured at the Landfill, the concentrations observed for TN and TP were lower than historically recorded concentrations that were available, as presented in Table 2- 2. One possible reason for the concentrations of TN and TP being lower than anticipated is due to the Landfill no longer accepting non-domestic (out of county) septage and food establishment sludge since May 2017. A review of the leachate and centrate combined characteristics presented in Table 1 indicates the concentrations of FOG, TN, TP, TDS, and Zn exceeded the local limits. As noted earlier, the results obtained for FOG, TP, and Zn are likely the result of a buildup of solids within the lift station from which this sample was collected. The combined sample characteristics for TN and TP are generally consistent with historical concentrations measured based on data obtained from the IRCUD as summarized in Table 2-3. Based on data provided by the IRCUD from June 2017 to February 2019, the Landfill generates an estimated leachate flow of 16,000 gallons per day (gpd) and 57,000 gpd of centrate, with a combined total average flow of 73,000 gpd. Figure 1 depicts the Landfill's generated flow of 2 Huset, C., Barlaz, M., Barofsky, D., and Field, J. (2011). Quantitative determination of fluorochemicals in municipal landfill leachates. Chemosphere 82 2011, pp. 1380-1386 309 liquids, presented as average daily flows calculated on a monthly basis. Note that, as expected, there is substantial fluctuation in the liquids generation rates dependent on climatic conditions as well as operational conditions with biosolids dewatering. A leachate generation analysis was conducted by CDM Smith (2018) to predict future leachate flow rates for continued landfill expansion using the Hydrologic Evaluation of Landfill Performance (HELP) model. A predicted leachate flow of approximately 60,000 gpd was estimated in the next 10 to 15 years. However, these are worst-case scenarios that assume that certain cells would not be closed while other newly constructed cells are opened. Geosyntec does not anticipate that leachate generation rate would almost quadruple over the next 10 to 15 years. Therefore, for the purposes of this evaluation, the current leachate flow at the Landfill (i.e., slightly increased to 20,000 gpd) was assumed for conceptual design and cost estimating purposes. Should the Landfillleachate generation rate increase significantly compared to the assumed 20,000 gpd, the recommendations can be scaled up accordingly. EVALUATION OF LIQUIDS MANAGEMENT OPTIONS The selection of an appropriate liquids treatment and/or management option is dependent on the effluent discharge strategy. Based on discussions with the SWDD and the IRCUD, direct discharge of treated effluent via a National Pollutant Discharge Elimination System (NPDES) permit or deep well injection via an underground injection control (UIC) permit were not considered viable effluent discharge options. Therefore, liquids treatment/management options were evaluated with the goal to either continue conveying the liquids to the WRWWTF for subsequent treatment and disposal, or manage the liquids via onsite thermal evaporation, which would eliminate liquids discharge to the WRWWTF and/or onsite pretreatment and associated permitting. The characteristics of the Landfill liquids discussed above indicate that both the leachate and the centrate contain certain constituents in excess of the local limits, and that both waste streams would require pretreatment prior to continued discharge to the WRWWTF. However, it was determined by the County that the centrate constitutes a residential stream that does not require pretreatment. Therefore, the evaluation of pretreatment options was limited to the Landfill leachate only. Based on the received laboratory analytical results for leachate, an onsite treatment system must be able to remove As, FOG, TN, TP, and TDS. The parameters FOG, TN, and TP can be addressed using a biological treatment approach, and As may be partially removed through partitioning into the biomass of a biological treatment system. However, TDS cannot be 310 addressed using a biological approach, and a membrane -based system such as reverse osmosis (RO) is required to remove TDS. Further, this RO system would also remove As to below discharge requirements. While RO might be able to remove all required constituents concurrently, it is not cost-effective as a stand-alone treatment technology for leachate given the potential for membrane fouling without biological pretreatment. Therefore, a combined biological and RO system is required for cost-effective treatment of leachate, and this conceptual layout of a combined biological/RO system is evaluated as a pretreatment option. The RO system will create a waste stream called "concentrate," which could either be recirculated back into the Landfill or managed via off-site disposal. It is estimated that approximately 10 percent (%) to 13% of the total flow would need to be managed as concentrate. The alternative to onsite treatment is thermal evaporation for zero discharge of liquids to the WRWWTF. A "sludgy" waste stream would be created that contains the concentrated solids in landfill liquids that cannot be evaporated, which is estimated at about 5% by volume of the total waste stream. However, APTIM of Kennesaw, Georgia (one of the two evaporation vendors contacted for this project) indicated that their system may generate a residual waste stream that could be as large as 12% to 14%. If the IRC SWDD elects to dispose of the concentrated waste stream in the Landfill, the waste stream can be stabilized prior to disposal using a residual processing module. According to Heartland Water Technology of Hudson, Massachusetts (the other vendor contacted for this project), a residual processing module can be installed as part of an evaporator system to stabilize the waste stream to pass the Paint Filter Liquids Test. This concentrated waste stream can also be further processed with a binder (e.g., fly ash, biomass) in the unlikely situation that Toxicity Characteristic Leaching Procedure (TCLP) requirements are not met without further processing. These two alternative management strategies (i.e., onsite treatment and leachate evaporation) were selected for inclusion in this evaluation. The combined biological and RO treatment approach would involve onsite pretreatment via a biological system (membrane bioreactor [MBR]) prior to polishing treatment with an RO unit for removal of TDS and As. The clean permeate from the RO treatment would then be discharged to the WRWWTF for final treatment and disposal. The second alternative evaluated is liquids volume reduction via onsite evaporation. The evaluation of each alternative included an economic analysis of the costs for major items required for implementation of each treatment/management option. 311 Description of Treatment Alternatives Membrane Bioreactor (MBR) System Combined with Reverse Osmosis While a number of biological treatment approaches exist, including but not limited to (i) sequencing batch reactors (SBR), (ii) moving bed biofilm reactors (MBBR), (iii) trickling filters, or (iv) constructed wetlands, the use of an MBR system was considered a preferable pretreatment approach due to its ability to operate at a higher biomass concentration and provide additional filtration capacity due to the ultrafiltration (UF) membrane system incorporated into the treatment train. The effluent from such a system is cleaner and easier to polish with a subsequent RO treatment step, especially for a high-strength wastewater stream such as landfill leachate. In addition, the footprint of such a system is smaller compared to lower-cost alternatives such as constructed wetlands. One vendor of biological and/or physical treatments systems (i.e., Dynatec Systems, Inc. of Burlington, NJ) was contacted to provide the conceptual design and cost estimate to manage 20,000 gpd of leachate. The proposed MBR system is capable of removing nutrients and FOG from the leachate but would also treat other compounds such as biological oxygen demand (BOD), non -recalcitrant chemical oxygen demand (COD), and total suspended solids (TSS). As briefly discussed above, As would be partially removed through the biological component of the system. The MBR system would be provided by Dynatec and would include: (i) a strainer for solids removal from landfill liquids accessed from an equalization tank; (ii) a 15,000 -gallon stainless steel bioreactor tank (including a level transmitter to monitor and control tank levels and a dissolved oxygen [DO] probe to measure and control DO levels in the tank); (iii) two positive displacement blowers for aeration of the liquids (each one capable of providing 550 standard cubic feet per minute [scfm] of air), with one operating at any given time and the second one serving as backup; and (iv) one tubular ultrafiltration (UF) membrane system (486 ft2) including a strainer, pH controls and a circulation pump. Biological pretreatment would remove most of the constituents to below local limits and would decrease the potential for membrane fouling of the RO system that is added on for removal of TDS and As, as well as effluent polishing. 312 Permeate from the MBR system would be discharged to a 4,200 -gallon RO feed tank from which it would be pumped through the RO membrane system, which consists of a 4 -membrane RO system to minimize the volume of concentrate to be managed. The RO system would remove TDS and polish the liquids, including removal of metals such as As and Zn. Permeate from the RO system would be discharged to the WRWWTF and concentrate would be collected in a 9,100 -gallon reject holding tank for subsequent disposal at the Landfill via recirculation, or off- site disposal. Note that the cost estimate provided below assumes recirculation of the liquids back into the Landfill in order to provide an "apples -to -apples" comparison of costs with the leachate evaporator units. However, offsite disposal of the RO concentrate may be needed to avoid a deterioration of leachate quality that could result in potential membrane fouling and increased treatment costs. The cost implications of offsite disposal of RO concentrate are discussed further below. The combined MBR/RO system is expected to produce effluent with the following characteristics: (i) non -detect levels for FOG, TP, As, and Zn; (ii) <10 mg/L of TN; and (iii) <300 mg/L of TDS. Evaporation Systems Leachate evaporation systems utilize waste heat and/or landfill gas (LFG) combustion systems to reduce the volume of leachate requiring disposal. Through direct injection, the flue gasses are introduced into leachate and/or centrate in order to vaporize the liquid. Alternatively, heat transfer from the gases to the liquid can be accomplished across a conductive barrier as is the case with conventional heat devices such as heat exchangers or jacketed vessels. The water vapor and other constituent gases can be emitted to the atmosphere or passed through the landfill gas flare for additional thermal destruction to minimize potential emissions as well as odors. Leachate evaporation can achieve volume reductions of up to approximately 95%. This residual material can be solidified with absorptive material (e.g. soils, compost, ash, etc.) for on-site disposal. Unlike conventional treatment systems, evaporation systems are typically insensitive to changes in landfill liquid characteristics including concentrations of BOD, COD, TSS, TDS, and variations in feed temperature. Generally, pH is the only parameter potentially affecting evaporative systems, and this is solely due to the potential corrosiveness of acidic liquids on alloys used in the evaporators. Landfill leachate from mature sites generally exhibits slightly alkaline pH conditions, and site-specific leachate is consistent with this observation. Therefore, corrosivity due to pH is not expected to be an issue. However, corrosivity due to salinity 313 (especially chloride) may need to be considered, depending on the materials used in the evaporator system(s) evaluated. Two vendors of thermal leachate evaporator systems were contacted to provide conceptual designs and cost estimates for systems to manage 20,000 gpd of leachate. APTIM, proposed to install CB&I's E-VapEvaporator Leachate System, which utilizes a patented submerged combustion technology to reduce leachate water volume by approximately 90%, even though APTIM indicated that the residual stream may be as high as 12% to 14%. The process uses LFG as the primary fuel for the combustion system. Hot combustion gasses are injected into the leachate reservoir generating water vapor. The water vapor is then directly discharged into the atmosphere, leaving behind a concentrated effluent (residual). Fresh leachate is continuously fed into the evaporator while the residual is drawn off and sent to a Clarifier Tank for further concentration. From here the residual is sent to a roll -off container on an automated schedule, where it can either be reintroduced to the open face of the landfill or hauled off site for disposal. A 20,000 gpd unit will require 333 scfm of LFG (50% methane). Note that the cost estimate below assumes onsite management of the residual; offsite management cannot be estimated at this time and would require additional evaluation of potential disposal sites and distances from the Landfill. Heartland Water Technology proposed to install their LM -HT Heartland ConcentratorTM. The design would utilize LFG, engine/turbine exhaust, natural gas, or any combination, as the thermal energy required for evaporation, reducing operating costs and improving overall efficiency. The Heartland ConcentratorTM is a patented continuous evaporator that replaces heat exchangers by directly contacting hot gas with wastewater feed within a compact turbulent evaporation zone. The evaporation zone creates acres per minute of dynamic renewable surface area between liquid and gas phases stimulating rapid evaporation. An in-line proprietary and patented entrainment separator removes the liquid phase as the cooled exhaust gas is discharged to the atmosphere. For evaporation of 20,000 gpd, the system requires 315 scfm of LFG (50% methane). Based on recent discussions with IRC SWDD, the County is currently in negotiations to provide its LFG to a third party. If the County enters into this agreement, the IRC SWDD will be required to obtain the specified volume of LFG available for each evaporator system in order for each system to be operational. If less than the required LFG volume or quality is available, onsite leachate evaporation is not feasible. Representatives of the evaporator vendors have indicated that the generated residuals (approximately 5% of the total volume according to Heartland and 12% to 14% according to 314 APTIM) are typically applied to the working face of the landfill at other sites. Geosyntec is currently unaware of any problems/interferences with landfill operations as a result of returning the residuals to the landfill. Geosyntec also understands that odor generation has not been an issue at other installations. The budgetary proposals received, and included with this memorandum, present a conceptual process schematic. The conceptual process schematic consists of a central evaporator, a solids clarifier, and auxiliary pumps and blowers. The anticipated footprint of the APTIM system is approximately 75 ft x 40 ft for a 20,000 gpd. The anticipated footprint of the Heartland system is approximately 11 ft x 29 ft for a 20,000 gpd system. DISCUSSION OF CONCEPTUAL COSTS Capital and operation & maintenance (O&M) costs for each leachate management alternative were based on the following items and/or assumptions: (i) new or recent vendor quotes for major process equipment; (ii) engineering cost; and (iii) projected labor requirements based on experience with similar systems and vendor recommendations. Table 4 attached to this memorandum presents the identified major costs as well as summarizes the total estimated costs of ownership. Cost estimates for the combined MBR/RO system were obtained from a budgetary proposal submitted by Dynatec dated 27 June 2019 for a 20,000 gpd system. The proposal provided costs for a combined MBR/RO system with a treatment capacity of 20,000 gpd to process the Landfill's leachate flow. The final pricing as quoted in the budgetary proposal for the 20,000 gpd system includes the following: (i) a system price of $490,000; (ii) an estimated installation price of $265,000; (iii) an estimated enclosure price of $95,000; and (iv) an estimated equipment and transfer pump price of $125,000. The total equipment and installation costs (without design support services and onsite utilities) for this unit would be $975,000. The Dynatec budgetary proposal is presented as Attachment A of this memorandum. Cost estimates for the E -VAP® landfill liquids evaporator system were obtained from a budgetary proposal by APTIM dated 22 April 2019. The proposal provided costs for an evaporator unit with a treatment capacity of 20,000 gpd to process the Landfill's leachate flow. The final pricing as quoted in the budgetary proposal for equipment supply and installation services (without design support services and onsite utilities) for this unit would be $2,364,000. The APTIM budgetary proposal is presented as Attachment B of this memorandum. 315 Cost estimates for the LM -HT® Heartland ConcentratorTM were obtained from a budgetary proposal dated April 2019. The proposal provided costs for an evaporator unit with a treatment capacity of 20,000 gpd to process the Landfill's leachate flows. The final pricing as quoted in the budgetary proposal for equipment supply of the 20,000 gpd evaporator system is $1,490,000. Based on an electronic mail (email) correspondence with Heartland dated 23 April 2019, the estimated pricing for site preparation and installation costs are $439,550. Therefore, the installed cost estimates (without design support services and onsite utilities) for this unit would be $1,929,550. The Heartland budgetary proposal and 23 April 2019 email correspondence are presented as Attachment C of this memorandum. Total cost estimates for each alterative were amortized over a 10 -year period, which is the expected useful life period of typical evaporator. unit. However, the Heartland system is expected to have a longer life expectancy and the MBR/RO system is also expected to be operational over an extended period of time, although occasional membrane replacement may be needed. An annual interest of 6% was utilized for this evaluation. Total capital costs, which include design, permitting, and system equipment and installation to manage 20,000 gpd of leachate are estimated at $1,130,000, $2,494,000 and $2,059,550 for the proposed MBR/RO, APTIM, and Heartland systems, respectively, with corresponding monthly amortized costs of $0.04 per gallon, $0.07 per gallon, and $0.06 per gallon, respectively (Table 4a). As noted above, these costs assume onsite management of either RO concentrate or evaporator residuals. The costs for offsite disposal of evaporator residuals cannot be evaluated at this time. However, offsite disposal of RO concentrate was evaluated using deep (underground) injection well at the same location that St. Lucie County uses for disposal of its landfill leachate. Using these cost assumptions, offsite disposal of RO concentrate would add monthly costs of $24,700, which would result in amortized leachate management costs of $0.08 per gallon for the MBR/RO system (Table 4b). Geosyntec also prepared a preliminary cost estimate for offsite management of the Landfill leachate and assumed that the leachate would be sent to the same deep injection well in St. Lucie County. The total cost for the 20,000 gpd of leachate would be $56,090 per month, or $673,080 per year, with a corresponding monthly amortized cost of $0.09 per gallon. This is comparable to the range of $0.09 to $.12 per gallon charged by other privately -owned facilities in Florida (e.g., Your Environment Solutions, Inc., Orlando, FL and Aquaclean Environmental Co., Inc., Tampa, FL). 316 Detailed yearly O&M tasks and associated costs for select items were not available for each alternative system at the time of this evaluation. Thus, estimated total costs are developed for comparison purposes only and should not be considered as exact determinations. SUMMARY The IRC Landfill located in Indian River County, Florida, currently manages leachate and centrate via offsite disposal to the WRWWTF. Based on data provided by the IRCUD from June 2017 to February 2019, the Landfill generates an estimated flow of 16,000 gpd and 57,000 gpd of leachate and centrate, respectively. The County has determined that the centrate constitutes a residential waste stream that does not require pretreatment. Therefore, only Landfill leachate treatment was evaluated in this memorandum, and a conceptual design flow of 20,000 gpd was assumed. Two alternatives were evaluated including: (i) onsite pretreatment using a combined MBR/RO system (provided by Dynatec); and (ii) a leachate evaporation system, utilizing two different equipment vendors (i.e., APTIM and Heartland). There are advantages and disadvantages to both liquids management approaches. Onsite (pre-) treatment using the MBR/RO system can achieve the local limits and is generally more cost- effective compared to evaporation systems. However, this assumes that the generated concentrate (estimated at 10% to 13% of the total volume treated) can be managed onsite via recirculation back into the Landfill. If off-site management of concentrate is needed due to its potential negative impact on leachate quality and treatment performance, the total leachate management costs may be higher than leachate evaporation with onsite disposal of the evaporator residuals. The MBR/RO system is likely to remove a large percentage of PFAS compounds from leachate, which may become more important in the near future. However, it requires continued effluent monitoring, can lead to permit exceedances and violations, and is dependent on the willingness/ability of the WRWWTF to continue to accept leachate for the foreseeable future. Furthermore, the costs presented in this evaluation do not include the disposal costs of the treated effluent to the treatment plant, since these costs may be considered "internal" costs, even though final treatment of 20,000 gpd of liquids is not "free." Alternatively, evaporation is generally more expensive compared to treatment, but it does not need subsequent discharge of effluent to the WRWWTF. Moreover, it is insensitive to the chemical characteristics of leachate and can handle complex chemistries (including PFAS). It does, however, also create a "sludgy" waste stream (approximately 5% of the total volume processed according to Heartland, and 12% to 14% according to APTIM) that contains 317 concentrated residuals of salts, nutrients, and contaminants (including PFAS) that need to be stabilized and landfilled. The cost estimate provided in this evaluation assumes that the residuals can be stabilized and landfilled onsite, which is why the estimated costs are cheaper compared to leachate treatment with offsite disposal of the generated concentrate from the MBR/RO system. If offsite disposal of the evaporator residuals were required, total costs would likely increase substantially. RECOMMENDATIONS Based on the technical and economic evaluations presented above, there is a potential that leachate evaporation using the Heartland system could be a cost -competitive alternative to onsite treatment and continued discharge of pretreated effluent to the WRWWTF if the RO concentrate needs to be managed via offsite disposal. However, this assumes that the evaporator residuals can be managed through onsite disposal at the Landfill and that sufficient LFG of the required quality (i.e., 50% methane) is available as a fuel source. To better evaluate the feasibility of leachate evaporation, a pilot study in cooperation with Heartland should be implemented. Geosyntec recommends cooperation with Heartland due to their lower overall costs, anticipated longer life expectancy of their unit, and reported lower residual volumes compared to the APTIM system. The pilot study should address the following technical and economic issues: (i) is there enough LFG available and is the existing infrastructure adequate to handle current (and potentially increased future) leachate flows; (ii) evaluate the effectiveness of the evaporation system under site-specific conditions to confirm volume reductions of approximately 95%; (iii) evaluate the need to further process the residuals to pass the Paint Filter Liquids Test and TCLP requirements for onsite disposal of these residuals; (iv) evaluate the ultimate management of evaporator residuals (onsite versus offsite), especially if the evaporator unit is not installed at the Landfill, but at the adjacent Indian River EcoDistrict property; and (v) re-evaluate final system costs using the pilot study results. 318 15131 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: July 5, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Landfill Gas Agreement with Indian River Eco District, LLC Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. The SWDD Board agreed that the landfill generated gas, which is currently being flared off, posed a health and safety risk that could be resolved by allowing IRED to purchase the gas. Analysis: Over the past few months, staff and IRED have negotiated in good faith to present a final LFG Agreement with the objective of 1) a long-term beneficial reuse of the current gas that is being flared, 2) protecting the environment and 3) providing a financial benefit and incentive to SWDD while making it a sustainable business project for IRED. At this time, IRED has proposed a LFG to electricity project; however, depending on the quantity and quality of the LFG, to also consider a LFG to Renewable Natural Gas (RNG) project. The following summarizes the key elements of the LFG Agreement: Term: Title: The initial term for this project is 20 years from the commencement date with two (2) optional ten-year renewal terms upon mutual agreement to extend the term. Ownership, title and control of the LFG shall pass from SWDD to IRED when the LFG is delivered to IRED at the delivery point. SWDD may keep up to 225 Standard Cubic Feet per Minute (SCFM) of LFG for SWDD use, otherwise transfer up to 1,600 SCFM of LFG to IRED. SWDD may use, vent, or flare any LFG that is not accepted by IRED. SWDD assigns to IRED the right to market and sell all of the SWDD's right and title to SWDD's LFG credits. Equipment: IRED is responsible for the LFG assets and any other improvements necessary for IRED to receive and use LFG in its facility, and for paying all of the capital 319 costs for their LFG assets. SWDD is responsible for all LFG assets purchased by SWDD. Measurement: SWDD shall continue to maintain, monitor, and operate the LFG system in accordance with applicable rules and regulations; however, IRED shall install, maintain and monitor metering equipment to measure the quantity and quality of the LFG accepted by IRED. In addition, IRED shall be responsible for any additional gas testing required for their operations. Payment: 1) Price for LFG: IRED shall pay SWDD each month for any LFG that is accepted by IRED for the LFG to Electricity Project. Acceptable LFG is defined as the quantity of LFG (measured in SCFM) produced at a minimum 40% methane. These criteria will be used to calculate the average energy content (measured in MMBTU). That value will then be multiplied by the LFG Price (shown below) to determine the amount paid to SWDD. Month LFG used by Company (MMBTU) LFG Price ($/MMBtu) Baseline+7,501 to 9,000 $1.28 Baseline+6,001 to 7,500 $1.16 Baseline+4,501 to 6,000 $1.05 Baseline+3,001 to 4,500 $0.96 Baseline+1,501 to 3,000 $0.87 Baseline +1 to 1,500 $0.79 Baseline and below $0.72 MMBTU — One Million British Thermal Units, which is the amount of heat required to raise the temperature of one avoirdupois pound of pure water from 58.5 degrees Fahrenheit to 59.5 degrees Fahrenheit at standard temperature and standard pressure. Alternatively, the price for a LFG to a RNG project shall equal a royalty payment of 10% of the gross receipts generated by the RNG project for the sale of renewable natural gas. 2) Incentive Payment: IRED shall pay SWDD an incentive payment if the average daily methane content of the LFG delivered is greater than 40%, as shown in the following table based on either a LFG to electricity project or an LFG to an RNG project: Average Methane Content in the Company Used LFG Incentive Payment (% of District Invoice) Incentive Payment (% of RNG Gross Receipts) >52.1% 6.0% 3.0% 49.1 to 52% 5.0% 2.0% 46.1to49% 4.5% 1.5% 43.1 to 46% 4.0% 1.0% 40.1 to 43% 3.5% 0.5% 40% zero zero 320 Easements: SWDD grants right to access, occupy and use the Interconnect Site and a LFG pipeline through a non-exclusive easement. Adjustments: Starting October 1, 2021, and each October 1 thereafter, the LFG Price shall be adjusted upward by two percent (2%). Financial Analysis: This negotiated agreement provides for a better definition and methodology for the LFG purchase by IRED, which is to be used for the generation of electricity at their site. If the electricity production exceeds the plant's needs as anticipated, it would be sold to Florida Power & Light for its use. For estimating purposes, a range of LFG flow to IRED from 250 SCFM to 750 SCFM at a baseline methane content of 40% would provide estimated revenues of $36,000 to $192,000 annually to SWDD, assuming ideal conditions and operation of the generators at 95%. Any deviation from these assumptions would result in lower estimated revenues. The IRED agreement also includes an incentive payment for higher methane content. For example, based on the same range of LFG flows at a methane content of 48% would provide an additional estimated revenue of $9,000 to $48,000 annually to SWDD for a total estimated revenue of $45,000 to $240,000 annually to SWDD. Also, built into the agreement is the provision for IRED to market credits on behalf of SWDD, wherein there is an additional potential revenue to SWDD. The actual amount is based on registration and verification on carbon markets; however, a conservative estimate is that SWDD may earn approximately $10,000 to $25,000 per year after IRED is compensated for the marketing of the carbon credits with SWDD. Overall, this agreement may provide estimated revenues of $46,000 to $265,000 per year in revenues from the use of LFG based on certain assumptions. However, over a 20 -year term, factoring in a built-in annual LFG price adjustment of 2% and a gradual increase of flow from 250 SCFM to 750 SCFM, this is a potential of $3.2 million in revenues for SWDD, which could vary up or down based on a multitude of factors. If IRED proceeds with an LFG to RNG project, the estimated royalties above may potentially increase to SWDD as the agreement includes a royalty payment of 10% of the gross receipts generated by the RNG facility for the sale of renewable natural gas. Issues/Concerns: Overall, there are very limited concerns for this project as it provides both an environmental and economic benefit to SWDD. However, one of the reasons that staff negotiated the allotment of 225 SCFM in the LFG Agreement is based on the potential parallel project involving the use of LFG for the thermal treatment of leachate. There could be a scenario wherein SWDD would need to negotiate with IRED for additional LFG required for peak leachate flows. At this time via a separate agenda item, staff is requesting further evaluation of this technology through a pilot test. 321 Funding: No funding is requested in this agenda item as this is a potential revenue project. However, additional funding may be needed in the future as a result of this agreement for infrastructure upgrades and operational costs to our LFG system to ensure reliable production and delivery of LFG to IRED. Recommendation: Staff recommends that its Board approve the Landfill Gas Agreement, including the granting of easements, with the Indian River Eco District, LLC and authorize the Chair to execute the agreement and all other documents necessary to effectuate the agreement, after review and approval by the County Attorney. Attachment: 1) Landfill Gas Agreement with Indian River Eco District, LLC 322 LANDFILL GAS AGREEMENT This Landfill Gas Agreement ("Agreement") is made and entered into on this day of , 2019 ("Effective Date"), by and between Indian River Eco District, LLC ("Company"), a Texas limited liability company, and Indian River County Solid Waste Disposal District ("District"), a special dependent district of Indian River County, Florida. WHEREAS, Company desires to purchase the Landfill Gas ("LFG") collected by the District's LFG Assets for the purpose of producing electricity and/or Renewable Natural Gas (RNG); and WHEREAS, the District has determined that selling LFG to Company pursuant to this Agreement benefits the health, safety, and welfare of the citizens of Indian River County and, further, this Agreement serves important and proper public purposes. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, benefits and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the District and Company agree that they shall be bound by and shall comply with the following provisions of this Agreement: ARTICLE 1 - DEFINITIONS 1.1 When the following words and phrases are used in this Agreement, they shall be defined and construed as follows: Acceptable Landfill Gas (LFG) — means Landfill Gas wherein the sulfur content of the LFG is in accordance with ASTM -D5504 is equal to or less than a quarterly average of 2,000 ppmv and that the minimum methane content is greater than or equal to an average of 40% by volume, as determined each day. BTU — means a British Thermal Unit, which is the amount of heat required to raise the temperature of one avoirdupois pound of pure water from 58.5 degrees Fahrenheit to 59.5 degrees Fahrenheit at standard temperature and standard pressure. Business Day — means every day other than a Saturday, Sunday or a day on which banks are required or authorized by law or executive order to close in the State of Florida. Change in Law — means the enactment, adoption, promulgation, modification or repeal of any laws, codes, ordinances, statutes, rules, regulations, orders, decrees after the Effective Date. Company Credits — means the value of any Environmental Attributes that the Company earns as a result of its usage or destruction of LFG delivered to the Company. 323 Company LFG Assets — means all of the Company's equipment and other tangible assets used for the measurement, transmission, handling, monitoring, control, management and use of the Landfill Gas that is transmitted from the Delivery Point to the Facility. The Company LFG Assets include but are not limited to the Company's metering equipment, the Company's LFG pipeline from the Delivery Point to the Facility, the Company's compressor, and the Company's equipment used to connect the Company's LFG system to the Delivery Point. Condensate — are liquids which are removed from a gas control system at a landfill and which are produced by the condensation of Landfill Gas being conveyed by that system. Contract Year — means each twelve (12) month period beginning on October 1 and ending on the following September 30, except (a) the first Contract Year shall begin on the Landfill Gas Commencement Date and end on the following September 30 and (b) the last Contract Year shall end when this Agreement expires or is terminated. County — means the geographical area contained within Indian River County, Florida. County Government — means the government of Indian River County, acting through the Board of County Commissioners. Credits — means District Credits and/or Company Credits, as applicable. Day — means calendar day unless otherwise noted in the Agreement. Delivery Capacity — means the amount of Acceptable LFG that the District is able to deliver to the Delivery Point, given the physical and operational constraints of providing LFG from the Landfill. Delivery Point — means the location on the District's property where the District LFG Assets and the Company LFG Assets are interconnected, thus enabling the District to deliver LFG to the Company. The Delivery Point shall be clearly shown on the Company's Facility design drawings. District Credits — has the meaning set forth in Section 8.2(A). District Credit Revenue — has the meaning set forth in Section 8.2(C). District LFG Assets- means all of the District's equipment and other tangible assets used for the collection and management of the Landfill Gas upstream of the Delivery Point. The District LFG Assets include but are not limited to the District's LFG recovery wells, LFG flare and LFG collection system, the District's blowers and pipes used to transport LFG from the recovery wells to the Delivery Point, and the equipment used to connect the District's LFG system to the Delivery Point and all such assets added in the future. 324 Effective Date — means the date on which the last of the Parties has executed this Agreement. Environmental Attributes — means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the production, delivery and destruction of LFG. Environmental Attributes include but are not limited to: (1) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4) and other greenhouse gases; (3) displacement or avoidance of any amount of conventional gas or fossil energy generation resources; and (4) the reporting rights to these avoided emissions. Event of Default — has the meaning set forth in Section 13.2. Facility — means the physical assets connected to the Company LFG Assets at the Facility Location used to clean, condense and otherwise process Landfill Gas so that it can be used to generate electricity, injected into the natural gas pipeline, or otherwise used in accordance with applicable laws. Facility Location — means the Company's real property located at 925 74th SW Avenue in Vero Beach, Florida, where the Facility is located. Facility Capacity — means the amount of Acceptable LFG that the Company is .able to accept at the Delivery Point, given the physical and operational constraints of installed electric generators which shall be limited to 6 megawatts or in the case of an RNG Facility up to 1,600 SCFM of raw LFG measured at the Delivery Point. Force Majeure — means an act, event or condition that actually and proximately prevents a Party from performing any of its obligations (other than an obligation to make payments of money when due) under this Agreement, but (a) only if such act, event or condition is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or complying with any requirement of such Party under this Agreement; (b) the Force Majeure is not the result of the fault or negligence of the Party claiming Force Majeure and (c) only to the extent the Party claiming Force Majeure is unable to prevent, avoid or overcome the Force Majeure through the exercise of commercially reasonable efforts. Such acts, events or conditions shall include, but not be limited to: (1) acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, terrorism, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments and people, and civil disturbances; (2) with respect to the District, any Change in Law (other than a Change in Law of the County Government) that imposes a constraint on the 325 District and thus reduces the ability of or prevents the District from providing LFG under this Agreement, and/or or prevents the Facility from accepting such LFG; (3) with respect to the Company, any Change in Law; (4) acts of civil or military authority (including, but not limited to, orders, judgments or decrees of any federal, state or local courts or administrative or regulatory agencies), and the passage of new regulations or legislation that make the Facility illegal to operate; (5) in those instances where either Party is required to obtain servitudes, rights of way, grants, permits or licenses to enable such Party to fulfill its obligations hereunder, the inability of such Party to acquire, or the delays on the part of such Party acquiring, at reasonable cost (defined by industry standards at the time), such servitude, rights of way, grants, permits or licenses; and (6) in those instances where either Party is required to furnish materials and supplies for the purpose of constructing, operating, or maintaining facilities or is required to secure grants or permissions from any governmental agency (other than the County Government with respect to the District claiming Force Majeure) to enable such Party to fulfill its obligations hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost (defined by industry standards at the time), such materials and supplies, permits and permissions. Force Majeure shall not include the ability of the District to sell LFG at a high price or the ability of Company to acquire LFG at a lower price or the reduction of the market value of the LFG. Interconnect Site — means that portion of the District's property at the Landfill on which the Company LFG Assets are installed. Isolation Valves — means the valves that will be used to isolate the District's LFG flare from the District LFG Assets upstream of the Delivery Point—i.e., the Isolation Valves direct LFG from the Landfill to the flare or, in the alternative, to the Delivery Point. Landfill — means the District's Class I landfill located at 1325 74th Avenue SW in Vero Beach, Florida with its currently permitted waste disposal capacity of approximately 13.6 million cubic yards. Landfill Gas ("LFG') — means gas generated in the Landfill. Landfill Gas Commencement Date ("LFG Commencement Date ") — means the date 326 designated by both Parties pursuant to Section 3.10 and Section 3.11 on which the Company commences commercial operation of the Facility. Leachate — means water and other liquids that have percolated through the Landfill and leached out some of the Landfill constituents. LFG Assets — means the Company LFG Assets or the District LFG Assets, as applicable. LFG Baseline — has the meaning set forth in Section 8.1(A) as the same may be adjusted pursuant to Sections 10.3 and 10.4. LFG Price — means the price paid by Company to the District for the LFG delivered to the Delivery Point. The LFG Price is set forth in Article 8.1. Marketer — has the meaning set forth in Section 8.2(B). Metering — means the meters, instruments and/or processes used to measure the quantity and quality of the LFG delivered by District to Company. MMBTU— means one million BTUs. Monthly LFG Statement — means the statement prepared by the Company on a monthly basis and submitted to the District showing the total amount of Landfill Gas received by the Company, as measured at the Delivery Point, and the dollar amount owed to the District for its LFG as set forth in Section 9.1. Party — means either the Company or the District. The Company and the District are collectively referred to herein as the "Parties". Permit - means any local, state, or federal permit, license, franchise, registration, certification, authorization or other governmental approval required for the performance of a Party's obligations under this Agreement. Person — means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. Quarterly LFG Statement— means the quarterly statement described in Section 9.1(B). Quarterly True -Up Payment — has the meaning set forth in Section 9.1(B)(4). RNG Facility — means a facility that converts LFG to renewable natural gas that can be injected into the natural gas pipeline and/or used as a vehicle fuel in accordance with the 327 Renewable Fuel Standard Program under the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007 and its implementing regulations. SCFM— means standard cubic feet per minute ("SCFM"). 1.2 As used in this Agreement, (A) the masculine gender shall include the feminine and neuter and the singular number shall include the plural, and vice versa, (B) unless expressly stated otherwise, references to a governmental authority includes any government authority succeeding such authorities functions and capacities, (C) "days" shall mean calendar days, unless the term "Business Days" is used (if the time for performing an obligation under this Agreement expires on a day that is not a Business Day, the time shall be extended until that time on the next Business Day), (D) where a word or phrase is specifically defined, other grammatical forms of such word or phrase have corresponding meanings; the words "herein," "hereunder," "hereof' and this "Agreement" refer to this Agreement, taken as a whole, and not to any particular provision of this Agreement; (E) "including" means "including, for example and without limitation," and other forms of the verb "to include" are to be interpreted similarly, and (F) all references to a given agreement, instrument or other document shall be a reference to that agreement, instrument or other document as modified, amended, supplemented and restated through the date as of which such reference is made. ARTICLE 2 - TERM AND RENEWAL 2.1 This Agreement shall take effect on the Effective Date and continue for a period of twenty (20) years (the "Initial Term") following the LFG Commencement Date, unless terminated earlier in the manner provided herein. The LFG Commencement Date shall occur within 1 year of Effective Date, otherwise Section 13.1 shall apply. 2.2 The Parties shall have the right to extend this Agreement for up to two (2) consecutive ten-year renewal terms ("Renewal Terms"), provided Company and District mutually agree to extend this Agreement in writing at least one hundred eighty (180) days prior to the end of the Initial Term or the then current Renewal Term. All renewals shall be subject to the same terms, conditions, and fees set forth herein, unless agreed to otherwise in writing by both Parties in an amendment to this Agreement. ARTICLE 3 - THE PARTIES' LFG FACILITIES 3.1 District Responsibilities and Obligations. A. District to Supply LFG to Company. Subject to the requirements below, the District shall deliver to the Company all the LFG collected from the Landfill up to the Facility Capacity, except as otherwise provided herein. B. District shall review all permit applications prepared by Company before the Company submits them to permitting authorities, subject to Sections 3.5 and 3.6. C. District shall operate and maintain its assets in compliance with laws and 328 permits. D. District shall cooperate with Company as the Company seeks to obtain County Government permits. E. District is responsible for the disposal of Condensate generated by the District LFG Assets up to the Delivery Point. F. Notwithstanding the foregoing, the District shall control and be responsible for the operation and maintenance of the District LFG Assets located between the Landfill and the Delivery Point. G. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed by the Company that the District has no obligation to accept solid waste or to implement any expansions of the Landfill. H. The District is responsible to manage leachate in the LFG collectors, as necessary, to comply with all permits related to the landfill and the LFG collection system. I. The District is responsible to maintain the pollution destruction devices (i.e., the District's flare or any replacement thereof) as necessary to maintain its permits during periods of time that the Facility is not accepting all of the LFG produced by the Landfill. 3.2 Company Responsibilities and Obligations. A. Subject to the other conditions contained herein, Company shall accept and use up to 1,600 SCFM of Acceptable LFG that is produced by the Landfill and delivered to the Delivery Point subject to the terms and conditions hereof. B. Company shall be responsible, at its own cost, for the design, permitting, construction, connection, operation, maintenance, repair, and replacement of any capital improvements and equipment that needs to be added to the District's existing LFG collection and flare system to (i) enable Company to divert LFG from the District's flare and transport such gas via pipeline to the Facility, (ii) enable reliable destruction of excess LFG simultaneous with the Company's beneficial use of some of the LFG and (iii) enable the reliable delivery of the LFG for Company's use. The exact location of any such improvements on the District's property and the general components of any necessary interconnection equipment and facilities shall be mutually agreed upon by Company and District prior to the commencement of construction. District shall provide Company with the necessary access, including easements as necessary, to the LFG system equipment located on the District's property for the purpose of allowing Company to perform its obligations under this Agreement. C. On or before the LFG Commencement Date, Company shall install all of 329 the necessary pipelines, improvements, and equipment needed to transport, meter and use the LFG in the Facility. On or before the LFG Commencement Date, Company shall provide written notification to District that all such pipelines, improvements, and equipment are fully operational. D. Company shall install, calibrate, and maintain appropriate Meters to measure the quantity and quality of the LFG at the Delivery Point in accordance with Sections 6.3 and 6.8. E. Company shall provide the necessary controls and automation to cause LFG to be diverted to the District's flare if the Facility is not taking delivery of LFG from the Landfill and to allow simultaneous operation of the flare and the Facility, if necessary. F. The District shall not be obligated to pay for any LFG expansion piping/wells. G. To comply with its permit requirements the District may, from time -time, have to expand its gas collection system. If that happens the District will notify the Company because these expansions may impact LFG delivery to the Company. H. Company shall pay the rates set forth in Article 8.1 for all of the LFG it receives from the District. I. Company is responsible for the disposal of Condensate generated by the Company LFG Assets. On a quarterly basis, the Company shall sample and analyze the condensate from its equipment to verify that it is non -hazardous. If it is determined to be hazardous, then the Company shall be responsible for the proper disposal of the hazardous Condensate. To the extent the Condensate is determined to be hazardous because of the Company processing it (i.e.: compressing the LFG or concentrating the condensate), the Company will not be eligible for reimbursement from the District for the Company costs of disposing such hazardous Condensate. To the extent the Condensate is determined to be hazardous because of activities at the Landfill, the Company will be entitled to reimbursement from the District for the Company costs of disposing such hazardous Condensate. J. Company shall submit all permit applications to the District for review by the District or its designee, subject to Sections 3.5 and 3.6. K. Company shall provide to the District the qualifications and proof of annual safety training of employees or contractors that are working on District's property. L. Company reserves its right to reduce or terminate the flow of the Landfill Gas to the Facility, and thus divert part or all of the Landfill Gas to the District's flare, if the Facility's Landfill Gas processing equipment is not operating, or if the District is not providing Acceptable LFG. Company is not obligated to pay the District for the 330 Landfill Gas that is diverted to the District's flare for these reasons. M. To the extent that the District reliably produces Acceptable LFG in excess of the Facility Capacity installed at that time, the Parties shall meet and confer, acting reasonably and in good faith, to assess whether the Facility Capacity can or should be increased. If the Company agrees to expand the Facility Capacity, then the Company's right to the LFG shall be increased to such new Facility Capacity. If the Company does not agree to expand the Facility Capacity, or the Company remains silent on the topic for more than 30 days, then the District may use such excess LFG in any way that the District deems appropriate that does not interfere with Company's rights hereunder. N. The construction and operation of the Company's Facility and the Company LFG Assets shall not unreasonably interfere with the operational requirements of the District with respect to the Landfill or the existing LFG collection system. It is the responsibility of the Company to (i) schedule and perform construction and maintenance activities of the Company's facilities in a manner which will not unreasonably interfere with the ability of the District to operate the Landfill or the existing LFG collection system, (ii) control odors as required by any Permits; (iii) not create other nuisance conditions prohibited by law; and (iv) meet all applicable law to which it is subject. The District will not be required by the Company to interrupt operation of the District's flare system for more than 120 continuous hours unless the Facility is operational and accepting delivery of LFG. The Company will notify the District in a timely manner should the Facility be inoperable so the District can ensure that its flare or other pollution control equipment is operational. 3.3 Each Party shall pay and be solely responsible for all of the costs associated with the design, permitting, construction, installation, operation, maintenance, repair, and replacement of their respective LFG Assets, except as set forth in Section 3.2(B), unless mutually agreed upon. 3.4 The District and Company, respectively, shall each designate a Person to serve as that Party's authorized agent under this Agreement for the purpose of receiving correspondence and documents regarding the design and construction of the LFG Assets and any other assets provided by Company on District property. Upon request, the District shall provide to the Company the technical information in the District's possession necessary for the Company to develop the conceptual and final design of the Facility and the LFG Assets. Company shall determine the basis and design requirements necessary for the Facility and the LFG Assets to meet all industry standard engineering and permit requirements applicable to similar facilities and interconnects located in Florida. Company shall provide the District with plans, drawings, specifications, schedules, critical path analyses and other documents, at each stage of the development of the Company's project, which are reasonably necessary to enable the District to ensure that the design, construction, and engineering of Company LFG Assets are compatible with the District LFG Assets and the interconnect at the Delivery Point, and in accordance with generally accepted rules, regulations, engineering and construction practices. 3.5 All documents submitted for the District's review and approval shall be acted upon 331 and returned to Company within a reasonable time, as set forth in Section 3.6, with the District's approval or any comments regarding any further review or modification by Company to conform to the laws of the State of Florida, County, technical specifications, requirements, and exhibits of this Agreement. If additional modifications are needed, unless disputed, Company shall proceed with the requisite modifications requested by the District. If requested, Company shall re -submit the same to the District for review and approval. The District shall advise Company in writing within fifteen (15) Business Days of receipt of such re -submitted documents as to their acceptability and approval. The various comments and approvals made by the District on the plans, specifications, drawings, schedules and other matters shall not relieve Company from any of its obligations under this Agreement. The District's acceptance and approval of the plans and other matters shall not be unreasonably withheld. 3.6 Unless otherwise specified, reasonable time for review and approval by the District shall mean fifteen (15) Business Days. If the District fails to return any design documents to Company within fifteen (15) Business Days after the documents are received by the District, then the District shall be deemed to have waived any comments or objections thereto; provided, however, that if within the fifteen (15) Business Days, the District notifies Company in writing that additional review time is necessary, the District shall have an additional five (5) Business Days to complete its review. 3.7 With regard to either Party's LFG Assets and other improvements that will be constructed or installed on the District's property at the Landfill by the Company, Company's proposed plans, specifications, contracts, and other documents shall be designed to provide safe, reliable, and efficient operations consistent with industry standards. All such LFG Assets will have warranties provided by the applicable supplier or contractor consistent with industry standards. The Company's contracts with third parties shall contain appropriate provisions to ensure that Company is able to comply with its obligations under this Agreement. 3.8 Prior to the LFG Commencement Date, Company and the District shall promptly and diligently seek to obtain all Permits necessary for them to satisfy their respective obligations under this Agreement. The District shall pay all costs and fees for Permits required for activities at the Landfill and upstream of the Delivery Point, except as provided in Section 3.12 concerning the Isolation Valves and flare modifications necessary for simultaneous operation with the Company. Company shall pay all costs and fees for Permits required for activities at its Facility and downstream of the Delivery Point, and for the Isolation Valves as provided in Section 3.12, below. Company and the District shall cooperate at all times and shall keep each other informed about their progress in obtaining the necessary Permits. A copy of all final approved Permits will be provided by the Party obtaining the Permit to the other respective Party. 3.9 After the necessary Permits are obtained, the Company shall expeditiously commence construction of the Company LFG Assets and the Isolation Valves as provided in Section 3.2 above, as well as any other improvements necessary for the Company to receive and use the District's LFG at the Facility. The Company shall diligently and continuously construct all of these improvements prior to the LFG Commencement Date. 332 3.10 The District shall be allowed to monitor all operations and activities associated with the permitting, construction, startup and commissioning of the LFG Assets and any other improvements located on the District's property. The District shall be allowed to monitor and' confirm the compatibility of the District LFG Assets with the Company LFG Assets. The District shall rebalance the District LFG Assets (e.g., the LFG recovery wells and collection system), as the District deems necessary. These activities will be designed to synchronize the operation of the District LFG Assets with the Company LFG Assets. 3.11 Company shall give the District seven (7) days' notice in writing when the interconnect, and all the LFG Assets for which the Company is responsible, are ready to commence routine commercial operations, and Company, in mutual agreement with the District, shall identify the date that Company wishes to designate as the LFG Commencement Date. The proposed LFG Commencement Date shall be designated as soon as practicable after the notice from Company. The District shall, as soon as it is ready, notify the Company that it is ready to commence routine commercial operations on an agreed LFG Commencement Date. Prior to the LFG Commencement Date, the District shall provide LFG to Company at the rate identified in Section 8.land 8.3 to enable Company to startup and test the Parties' LFG Assets. 3.12 Company shall be solely responsible for the Company LFG Assets and any other improvements necessary for Company to receive and use LFG in its Facility, and for paying all of the capital costs for the Company LFG Assets, including but not limited to the interconnect, flare modifications, and Isolation Valves. Notwithstanding anything to the contrary in this Agreement, any appurtenances including the Isolation Valves installed prior to the Delivery Point shall become part of the District's LFG assets. The Isolation Valves shall be operated by the Company's distributive control system under normal conditions, but the Isolation Valves may be operated by the District if necessary to respond to an emergency, malfunction, Force Majeure, or similar event. Exhibit "D" is a LFG process flow schematic that depicts the location of the Isolation Valves and the flow of LFG through them. 3.13 Within sixty (60) days of the LFG Commencement Date, the Company shall provide the following: (a) with regard to any LFG Assets located on the District's property, one complete set of final record "as built" drawings (construction and electrical); (b) the final specifications for the Isolation Valves, methane analyzer, and LFG flow meter; (c) an operation and maintenance ("0 & M") manual for the Isolation Valves, methane analyzer, and LFG flow meter, including any 0 & M manuals provided by the manufacturers; (d) any lists provided by the manufacturers for recommended spare parts for the Isolation Valves, methane analyzer, and LFG flow meter; (e) the licenses or approvals, if any, needed for the District to use the Isolation Valves, methane analyzer, and LFG flow meter; and (f) a plan of operating procedures for the coordinated operation of the Interconnect. The "as built" drawings shall be provided to the District in two (2) sets of full-size paper drawings and in an electronic format (i.e., Computer Assisted Design Drawing or "CADD" files). 3.14 There shall be no liens or other encumbrances (collectively, "Liens") placed on the District's land as a result of the Company's activities. If a Lien is placed on the District's land by any of Company's suppliers or contractors, Company shall immediately take whatever steps are 333 necessary to ensure that the Lien is released promptly. If Company fails to secure the timely release of such Lien, the District may take any and all steps to secure the release of the Lien and the District's costs and expenses will be reimbursed by the Company within 30 days of notice. There shall be no Liens placed on the Company's real property, personal property or fixtures as a result of the District's activities. If a Lien is placed on the Company's property as a result of the District's acts or omissions, the District shall immediately take whatever steps are necessary to ensure that the Lien is released promptly. If District fails to secure the timely release of such Lien, the Company may take any and all steps to secure the release of the Lien and then the Company's costs and expenses will be reimbursed by the District within 30 days of notice. ARTICLE 4 - LFG GENERAL PROVISIONS 4.1 District shall have the exclusive right to determine, in its sole discretion, how the District LFG Assets will be constructed and operated as necessary to perform District's obligations hereunder. District's primary goals shall be to operate the Landfill for waste disposal and ensure the District's compliance with the permits and laws governing the District's operations at the Landfill. 4.2 District does not make and affirmatively disclaims any guarantees, representations, or warranties concerning the quality or quantity of the LFG that will be generated or collected by the Landfill. 4.3 Company reserves its right to reduce or terminate the flow of the LFG to the Facility, and thus divert part or all of the LFG to the District's flare, if the Company LFG Assets, Facility, or any portion thereof is not operating, or if the District is not providing Acceptable LFG. Company isnot obligated to pay the District for the LFG that is diverted to the District's flare for these reasons. 4.4 District reserves its right to reduce or terminate the flow of the LFG to the Facility, and thus divert part or all of the LFG to the District's flare, to the extent that the Company LFG Assets, Facility, or any portion thereof is not operating at a capacity sufficient to accept higher deliveries of LFG. 4.5 Except with respect to events of Force Majeure or maintenance, Company agrees that failure by Company to take receipt of 100% of the Acceptable LFG, up to 1,600 SCFM, that is produced by the Landfill within the month, as set forth in Section 3.2(A), will not release Company from its obligation to pay District as if Company had taken receipt of 100% of the Acceptable LFG, up to 1,600 SCFM, in full compliance with the terms set forth in this Agreement. District shall, therefore, have the right to invoice Company, and Company hereby agrees to timely pay District in accordance with this Agreement. 4.6 The Company shall prepare and maintain records concerning the operation of the system used to provide LFG to the Facility that identify: the amount of LFG provided to the Facility on an hourly basis, the methane content of the LFG provided to the Facility 011 an hourly basis, the dates and times when the Company diverts LFG to the District's flare; and the dates and 334 times when the Company stops diverting LFG to the District's flare. ARTICLE 5 - ACCESS AND EASEMENT Subject to the conditions contained in this Agreement, the District shall grant to Company the right to access, occupy and use the Interconnect Site and a LFG pipeline easement for the purpose of satisfying the Company's obligations under this Agreement, including the right to construct, install, own, maintain and operate the Company LFG Assets on the Interconnect Site and the LFG pipeline easement. District shall grant to Company a non-exclusive easement over, under and across certain property that is more specifically described in Exhibit "B" to this Agreement, for the purpose of accessing, constructing, installing, owning, maintaining and operating the equipment and facilities necessary to connect the District LFG Assets and the Company LFG Assets in the manner provided in this Agreement. District agrees to execute written easement grants to Company in substantially the form attached hereto as Exhibit `B-1" ("Grant of Non -Exclusive Easement for Landfill Gas Equipment and Pipeline") and Exhibit "B-2" ("Grant of Non -Exclusive Easement for Ingress and Egress"). Company shall pay all costs associated with the recording of any easements granted by the District. ARTICLE 6 - LFG QUANTITY; MEASUREMENT 6.1 The Company shall accept delivery of the Acceptable LFG delivered to the Delivery Point up to the Facility Capacity at all times throughout the term of this Agreement, unless the Facility is not operating. The Parties recognize that Company's use of LFG at its Facility may be curtailed or interrupted when the Facility is not operating due to the maintenance requirements of the Facility and/or Force Majeure events. The Company will make every reasonable effort to notify the District of any scheduled outage within 72 hours of the scheduled outage and within 12 hours after any unscheduled outage. Except to the extent expressly set forth herein, the Company shall have no liability to the District, except as stated in Section 4.5, to the extent that the Company does not accept delivery of any LFG because the LFG is not Acceptable LFG or because the Facility is not operating. 6.2 Except as otherwise set forth in this Agreement, the District shall deliver all Acceptable LFG produced by the Landfill to the Facility. The District shall deliver Acceptable LFG to the Delivery Point up to the Facility Capacity at all times throughout the term of this Agreement, unless the LFG collection system is not operating. The Parties recognize that the District delivery of LFG may be curtailed or interrupted when the LFG collection system is not operating due to the maintenance requirements and/or Force Majeure events. The District will make every reasonable effort to notify the Company of any scheduled outage within 72 hours of the scheduled outage and within 12 hours after any unscheduled outage. Except to the extent expressly set forth herein, the District shall have no liability to the Company to the extent that the District does not deliver any LFG because the LFG is not Acceptable LFG or because the LFG collection system is not operating. 6.3 The quantity of LFG delivered by District shall be determined by conducting appropriate measurements with the Metering equipment. The Metering equipment shall be 335 maintained by the Company and shall be calibrated on a quarterly basis or in accordance with the manufacturer's specifications, whichever is more frequent. At its expense, District may arrange for an independent third party to verify the accuracy of the Metering equipment used by the Company to measure the LFG. Any independent tests shall be coordinated with the Company in advance. Company shall act reasonably and in good faith in connection with coordinating the independent test. The results of any calibration tests or inspections by either Party shall be provided to the other Party, upon request. The specific test methods shall be as required by the applicable industry standards. 6.4 At its option and expense, the Company may determine the Delivery Capacity by conducting appropriate tests. The Delivery Capacity shall be based on the average flow of Acceptable LFG to the Delivery Point during a seventy-two (72) hour period. The Delivery Capacity shall reflect the amount of Acceptable LFG that the District can produce from the Landfill and deliver to the Delivery Point while maintaining compliance with all applicable laws and prudently operating the Landfill and the District LFG Assets. The Parties recognize and acknowledge that the Delivery Capacity may fluctuate during the term of this Agreement. The District shall respond as expeditiously as practicable to Company concerns and recommendations concerning possible improvements to the Delivery Capacity. The Company shall respond as expeditiously as practicable to District concerns and recommendations concerning possible improvements to the Facility. 6.5 The District shall not be obligated to deliver Acceptable LFG to Company at any specific rate. The District shall use reasonable commercial efforts to deliver Acceptable LFG at a relatively uniform hourly rate of flow, but the District does not warrant or guarantee that it will be able to supply Company with any minimum amount of Acceptable LFG on an hourly, daily or other basis. The provisions of this Section 6.5 shall not permit the District to divert Acceptable LFG from the Delivery Point unless the District determines, acting reasonably and in good faith, that such diversion is necessary to keep the flare operating in compliance with permits or if the Company has refused to accept LFG per Section 3.2(L). 6.6 The District shall notify Company promptly if the District anticipates that the production of LFG will increase or decrease by more than 500 SCFM in the future. Company shall notify the District promptly if Company anticipates that its use of LFG will increase or decrease by more than 500 SCFM in the future. 6.7 During the term of this Agreement, the District shall not undertake any action that would: (a) temporarily or permanently divert Acceptable LFG to any other user without first offering said LFG to the Company per Section 3.2(L); or (b) permanently reduce the production of LFG at the Landfill, unless such action is (1) required by an applicable law or (2) otherwise deemed necessary and appropriate by the District for the protection of the public health, safety and welfare. District may divert up to 225 SCFM of Acceptable LFG for use at the Landfill, if the District determines in its sole discretion that such LFG is needed for the economically efficient processing of Leachate. District shall provide notice to Company prior to such diversion. The District will only divert the amount necessary for such processing. If the District, acting reasonably and in good faith, determines to divert more than 225 SCFM for the economically efficient 336 processing of Leachate, then the District shall give notice to Company prior to diversion, and Company shall not unreasonably withhold its consent to such diversion. If the District proceeds with the economically efficient processing of Leachate that does not require the use of all or some of the 225 SCFM of Acceptable LFG, then the Company may request that the District release its rights to such unused volume, and the District shall not unreasonably withhold its consent to this request. 6.8 The Company shall be responsible for measuring and recording the characteristics of the LFG that is delivered to Company at the Delivery Point. Unless circumstances dictate otherwise, the Company shall measure and analyze the LFG with the Metering equipment defined in Section 6.3. The Company shall use a flow meter to continuously measure the quantity of LFG delivered by the District to the Delivery Point. The Company shall use a methane analyzer to measure the methane content of the LFG continuously or as otherwise agreed in writing by the Parties. The flow meter and the methane analyzer shall be installed at a location near the Delivery Point, unless the Parties agree otherwise. At a minimum, the Company shall determine: (a) the quantity of LFG, which shall be measured in SCFM; and (b) the energy content of the LFG, which shall be measured in BTUs per SCFM. The Company may at its discretion measure or test for other gas characteristics. The Company shall measure these factors by using the Metering equipment and/or such other instruments as necessary. The Company shall be solely responsible for the operation, maintenance and calibration of the meters and other equipment used to measure or test the LFG. To ensure accurate assessment of the Acceptable LFG delivered at the delivery point, the Company will, at a minimum, factory calibrate the flow and quality metering equipment annually and provide copies of those calibrations to the District. 6.9 If Company or the District discovers that the Metering instruments are not properly calibrated, they shall promptly report this information to the other Party. In such case, the applicable Party shall have the right to request and receive an equitable adjustment of the payments hereunder reflected on the first statement or invoice after the adjustment to the Metering information is identified. It is the intent of the Parties that no one should benefit unjustly as a result of an error in the calibration of the Metering equipment. Unless there are specific factual reasons to believe otherwise, the Parties shall assume that the error in the calibration of the Metering equipment increased or decreased at a uniform rate over time. To the extent the foregoing assumption is insufficient to correct the invoices, the Parties shall assume that kWh output from the Facility is correlated to recent MMBTU input and this same ratio is employed to estimate the fee for LFG sold. 6.10 The Company shall compile and maintain the Meter data and retain the same for at least five (5) years from the date they are prepared. ARTICLE 7 - LFG QUALITY 7.1 The District shall ensure that the Landfill and District LFG Assets are operated in compliance with the applicable Permits, but the District does not make and affirmatively disclaims any guarantees, representations, or warranties concerning the quality or quantity of the LFG that will be available to the Company. 337 7.2 If either Party discovers at any time that the District's LFG does not satisfy the required specification for Acceptable LFG, that Party shall notify the other Party and the Parties shall discuss their options for improving the quality of the LFG. The District shall respond as expeditiously as practicable and cost effective to Company concerns and recommendations concerning the quality of the LFG. 7.3 If the District delivers LFG to Company that does not meet the required specification for Acceptable LFG, Company shall have the option of: (a) rejecting the LFG or (b) accepting the LFG and paying the applicable LFG Price. Notwithstanding anything herein to the contrary, Company shall not be required to accept any LFG that would cause the Company to be in violation of any valid Permit or in violation of any federal, state or local governmental law or regulation. 7.4 The District may collect and analyze representative samples of its LFG from time to time. The District also periodically may wish to collect and analyze a representative sample of its LFG to determine whether the LFG complies with the specification for Acceptable LFG. In either case, the District shall promptly provide the LFG test results to Company. 7.5 At its expense, Company may collect and analyze representative samples of LFG from locations on the Landfill that are determined appropriate by Company. Before collecting the LFG samples, Company shall coordinate with and obtain permission from the District, which permission shall not be unreasonably withheld. Company shall promptly provide copies of its LFG test results to the District. Company shall promptly notify the District anytime Company discovers that the District's LFG does not satisfy the specification for Acceptable LFG. ARTICLE 8 - PRICE FOR LFG AND DISTRICT CREDITS 8.1 Price for LFG. A. Within 180 days after the Effective Date and prior to applying for the FDEP air permit, Company shall conduct such testing and evaluation as is reasonable and appropriate to develop a reasonable forecast of the expected Monthly production of LFG (the "LFG Baseline"). Following completion of such evaluation, Company shall deliver to the District notice of the LFG Baseline and reasonable documentation supporting the determination thereof. At any time during the term of this Agreement, either Party may conduct follow-up testing/evaluations and recommend modification to the LFG Baseline provided the other party agrees to it (which shall not be unreasonably withheld). B. Company shall pay the District each month for any LFG that is accepted by Company up to the Facility Capacity. With respect to all Acceptable LFG, the amount of the monthly payments for LFG shall be calculated by multiplying the quantity of LFG (measured in SCFM) per month times the average energy content of the LFG during the same month (measured in MMBTU per SCFM) times the LFG Price as adjusted pursuant to Section 9.4. With respect to any LFG delivered to Company that 338 is not Acceptable LFG, the LFG Price shall be $0.00/MMBtu. C. The LFG Price for a Landfill Gas to electricity project shall be determined in accordance with the following table and the incentive payment provided in section 8.3. The LFG Price applicable for each month during the Contract Year pursuant to Section 9.2 shall be based on the LFG Baseline. The LFG Price shall be based on the actual annual quantities of Acceptable LFG delivered during the preceding Contract Month. Month LFG used by Company* (MMBTU) LFG Price ($/MMBtu) Baseline+7,501 to 9,000 $1.28 Baseline+6,001 to 7,500 $1.16 Baseline+4,501 to 6,000 $1.05 Baseline+3,001 to 4,500 $0.96 Baseline+1,501 to 3,000 $0.87 Baseline +1 to 1,500 $0.79 Baseline and below $0.72 * Excludes periods of time when Company and/or District are down of maintenance, power outages, and periods of time when Company is operating at less than full load due to no fault of the District. The LFG Price for a Landfill Gas to RNG Facility shall equal a royalty payment of 10% of the gross receipts generated by the RNG Facility for the sale of renewable natural gas generated from the Acceptable LFG ("RNG Gross Receipts"); provided, however, that the Parties shall cooperate, acting reasonably and in good faith, to discuss increasing the foregoing percentage if and to the extent that the Parties agree to amend this Agreement to provide for quantity and quality guarantees from the District that support developing an RNG Facility. 8.2 Price for District Credits. A. Subject to the provisions herein, the District shall receive the value of any Environmental Attributes that the District earns for flaring the LFG that is not delivered to Company. These credits are referred to herein as "District Credits." B. It is the desire and intent of the Parties that the Company shall actively attempt to market and sell all of the District Credits on behalf of the District. It is anticipated that the Company shall use the services of a third party (the "Marketer") to market and sell credits. Any agreement signed by the Company and Marketer shall, to the extent commercially practical, treat the Company and District equally and fairly. To the extent that any acts or omissions of the Company or the District, or both, result in liability to the Marketer, the Company and the District shall each be responsible for 339 that portion of the liability caused by its own acts or omissions. If the liability does not arise out of the acts or omissions of either Party, then the liability shall be shared on a pro rata basis, apportioned according to the anticipated profits as agreed upon by the Parties in this Agreement. District's liability shall be capped by the limits set forth in section 768.28, Florida Statutes. C. Subject to the provisions herein, all of the revenues received by the Company for the District Credits shall inure to the benefit of the District ("District Credit Revenue"). All of the revenues received by the Company for the Company Credits shall inure to the benefit of the Company. D. The District Credit Revenue shall consist of the gross revenue received by the Marketer from the sale of District Credits, minus the expenses incurred by the Marketer. The Marketer's expenses may include, but shall not be limited to, the costs (if any) incurred by the Marketer to calibrate the LFG measurement systems, maintain a carbon credit registry, and verify the Credits. E. As compensation to the Company for marketing and administering the District Credits, Company shall be entitled to retain a percentage of the District Credit Revenue received by the Company. The Company shall pay the remaining District Credit Revenue to the District within fifteen (15) days after the Company receives the District Credit Revenue. The Company's payment of the remaining District Credit Revenue to the District shall never be less than sixty-seven and one-half percent (67.5%) of the total District Credit Revenue received by the Company from the Marketer and is above and beyond the monthly payment for LFG. F. District hereby assigns to Company the right to market and sell all of the District's right and title to the District Credits. However, the District shall have the right to terminate the marketing contemplated in this Agreement without terminating the rest of the Agreement. G. Company has the responsibility to act on behalf of both Parties for the tracking, selling and management of Credits. Company shall have the right and the obligation to exercise its judgment in good faith when marketing and selling the District Credits. 8.3 Incentive Payment A. If the average daily methane content of the LFG delivered is greater than 40% the Company shall pay the District an incentive payment over and above the LFG Price, as shown in the following table: For a Landfill Gas to electricity project: 340 Average Methane Content in the Company Used LFG Incentive Payment ( % of District Invoice) >52.1% _ 6.0% 49.1 to 52% 5.0% 46.1 to 49% 4.5% 43.1 to 46% 4.0% 40.1 to 43% 3.5% 40% zero For a Landfill Gas to RNG Facility: Average Methane Content in the Company Used LFG Incentive Payment ( % of RNG Gross Receipts) >52.1% 3.0% 49.1 to 52% 2.0% 46.1 to 49% 1.5% 43.1 to 46% 1.0% 40.1 to 43% 0.5% 40% zero ARTICLE 9 - LFG STATEMENT, INVOICE AND ANNUAL ADJUSTMENT 9.1 LFG Statement. A. Monthly LFG Statement. On the fifth (5`h) day of each month, starting with the first full month after the LFG Commencement Date, the Company shall provide a Monthly LFG Statement to the District. The Monthly LFG Statement shall identify: (1) the total amount of Acceptable LFG provided to the Facility (standard cubic feet); (2) the total amount of unacceptable LFG provided to the Facility (standard cubic feet); (3) the monthly average methane content of the Acceptable LFG; (4) the calculated MMBTU's provided to the Facility (5) the applicable LFG Price; and (6) the total amount owed to the District. B. Quarterly LFG Statement. Within thirty (30) Days after the end of each Quarter, the Company shall provide a Quarterly LFG Statement to the District. The Quarterly LFG Statement shall identify: 341 (1) the total amount of Acceptable LFG provided to the Facility during the applicable Quarter and the average SCFM of Acceptable LFG delivered; (2) the Quarterly average methane content of the Acceptable LFG; (3) the applicable LFG Price based on the annual average SCFM deliveries of Acceptable LFG; and (4) the Quarterly true up payment owed to or by the District calculated as the product of (i) the difference between the applicable LFG Price identified in Section 9.1(B)(3) and the LFG Price paid based on the LFG Baseline and (ii) the total quantity of Acceptable LFG delivered to Company (the "Quarterly True -up Payment") minus any incentive payments. 9.2 Monthly LFG Payment. After receipt of the Monthly LFG Statement, the District shall provide an invoice to the Company for the amounts due. The Company shall pay the dollar amount owed to the District no later than thirty (30) days after receipt of such invoice. 9.3 Quarterly LFG True -Up. Within thirty (30) Days after receipt of the Quarterly LFG Statement, the District shall provide a statement to the Company reflecting the amount of the Quarterly True -up Payment. To the extent the District owes a refund to the Company, the District shall pay such amount no later than thirty (30) days after issuance of the statement. To the extent the Company owes a payment to the District, the Company shall pay such amount no later than thirty (30) days after receipt of the statement. 9.4 Annual Adjustment. On October 1, 2021 and each October 1 thereafter, the LFG Price shall be adjusted upward by two percent (2%). ARTICLE 10 - OWNERSHIP, OPERATION AND MAINTENANCE COSTS OF LFG ASSETS 10.1 The District shall be responsible, at its sole cost and expense, for the operation and maintenance of the District LFG Assets. The District shall have title to and risk of loss for the District LFG Assets. 10.2 Company shall be responsible for the operation and maintenance of Company LFG Assets. The Company shall have title to and risk of loss for the Company LFG Assets. 10.3 If, for reasons other than a Force Majeure event, there is a material reduction in the quantity of Acceptable LFG produced by the District such that the annual quantity of Acceptable LFG reasonably expected to be delivered to the Company is below the LFG Baseline, then the Company may provide written notice to that effect to the District. Promptly following issuance of the notice, the Parties shall meet and confer to assess the cause of the reduction and potential options to remedy the reduction. Following the meeting and within a commercially reasonable 342 period of time, the District shall implement any no -cost remediation efforts that the Company reasonably requests be implemented. To the extent that any identified remediation efforts require material expenditures by the District, the District shall not be obligated to implement such remediation efforts until and unless the Parties agree on the schedule for implementing the remediation efforts, the extent to which the District will be reimbursed for such amounts and, if applicable, the mechanism for such reimbursement. If the Parties are unable to agree upon the schedule, the reimbursement amount or the reimbursement mechanism, then Company may elect to either continue accepting LFG and reduce the LFG Baseline based on the revised expected annual deliveries or terminate this Agreement on written notice to the District. Any termination by the Company pursuant to this Section 10.3 shall be without further liability of either Party. 10.4 If, for reasons other than a Force Majeure event, there is a material reduction in the quantity of Acceptable LFG that the Company uses such that the annual quantity of Acceptable LFG reasonably expected to be used by the Company is below the LFG Baseline, then the District may provide written notice to that effect to the Company. Promptly following issuance of the notice, the Parties shall meet and confer to assess the cause of the reduction and potential options to remedy the reduction. Following the meeting and within a commercially reasonable period of time, the Company shall implement any no -cost remediation efforts that the District reasonably requests be implemented. To the extent that any identified remediation efforts require material expenditures by the Company, the Company shall not be obligated to implement such remediation efforts until and unless the Parties agree on the schedule for implementing the remediation efforts, the extent to which the Company will be able to recover such amounts and, if applicable, the mechanism for such recovery. If the Parties are unable to agree upon the schedule, the recovery amount or the recovery mechanism, then District may elect to either continue delivering LFG or terminate this Agreement on written notice to the Company. Any termination by the District pursuant to this Section 10.4 shall be without further liability of either Party. ARTICLE 11 - OWNERSHIP AND USE OF LFG 11.1 Ownership, title and control of the LFG and all related Environmental Attributes and credits shall pass from the District to Company when the LFG is delivered to Company at the Delivery Point. Environmental Attributes shall remain with the District if the LFG does not pass the Delivery Point. 11.2 The District may use, vent, or flare any LFG that is not accepted by Company provided that District has complied with its obligations hereunder. ARTICLE 12 - WARRANTY OF TITLE TO LFG 12.1 The District warrants that it has title to all LFG and associated Environmental Attributes that will be delivered to Company hereunder and the District has the right to transfer such LFG and Environmental Attributes. 12.2 The District warrants that all of the LFG and Environmental Attributes delivered to Company under this Agreement is owned by the District, free and clear of all liens, encumbrances 343 and adverse claims, including but not limited to liens used to secure payment of production taxes, severance taxes, or other taxes. ARTICLE 13 - TERMINATION AND REMEDIES 13.1 Delay in Achieving LFG Commencement Date. If the LFG Commencement Date has not occurred within twelve (12) months following the Effective Date for reasons other than Force Majeure events or the acts or omissions of the District, District may issue written notice to Company electing to terminate this Agreement six (6) months following the date such written notice is issued. If the LFG Commencement Date occurs within six (6) months after Company receives such written notice, then this Agreement will not terminate and shall continue in full force and effect. If the LFG Commencement Date does not occur within six (6) months after Company receives such written notice for reasons other than Force Majeure events or the acts or omissions of the District, then this Agreement shall terminate and neither Party shall have any further rights, obligations or liabilities hereunder. 13.2 Default and Termination. A. Events of Default. Either Party may immediately terminate this Agreement on written notice to the other Party for cause, without prejudice to any other rights or remedies the terminating Party may have under applicable law, except as provided herein, when there is an Event of Default by the other Party. An event of default (an "Event of Default") shall occur if a Party shall (1) suspend or liquidate its business, (2) become insolvent or subject to a petition of involuntary bankruptcy and the appointment of a trustee or receiver, (3) make an assignment for the benefit of creditors, other than as permitted in Section 16.11, or (4) fail to perform a material obligation under this Agreement and such failure is not cured within thirty (30) days after receipt of written notice of such failure or, if such failure cannot reasonable be cured within such thirty (30) day period, a good faith reasonable plan to correct the failure within sixty (60) days is not implemented within such thirty (30) day period. B. Remedies. Except as otherwise set forth herein, in the event of a breach by a Party of any of its obligations hereunder, the other Party shall have the rights specified herein, and any remedy to which it is entitled at law or in equity for such breach, subject to Exclusivity of Remedies below. C. Exclusivity of Remedies. Each Party waives all claims against the other Party (and against the affiliates of each, and their respective members, shareholders, officers, directors, agents and employees) for any consequential, incidental, indirect, special, exemplary or punitive damages arising out of this Agreement; and, regardless of whether any such claim arises out of breach of contract, guaranty or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory, each Party hereby releases the other Party from any such liability. This waiver and exclusion shall apply even if any express warranty set forth herein fails its essential purpose. Any liquidated damages payable under this Agreement shall not be deemed consequential 344 damages. D. Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement pursuant to its terms, any duty or obligation of a Party which has not been fully observed, performed and/or discharged and any right, unconditional or conditional, which has been created for the benefit of a Party and which has not been fully enjoyed, enforced and/or satisfied (including but not limited to the duties, obligations and rights, if any, with respect to secrecy, indemnity, warranty, and guaranty) shall survive such expiration or termination until such duty or obligation has been fully observed, performed or discharged and such right has been fully enjoyed, enforced and satisfied. E. TERMINATION IN REGARDS TO F.S. 287.135: Company certifies that it and those related entities of the Company as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Company certifies that it and those related entities of the Company as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The District may terminate this Contract if the Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. The District may terminate this Contract if the Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Each calendar year on or before January 15, the Company will certify that they are in compliance with this term 13.3 Upon termination of the Company's right or obligation to receive LFG, as the case may be, each Party shall within 60 days provide the other Party with a written claim for any amounts that are due and owing under this Agreement. If a Party disputes any claim for payment, a written objection must be filed with the other Party within thirty (30) days of receiving the claim. The written objection must identify the specific reasons for the objection, and it must be accompanied by full payment for all undisputed amounts. After an objection is filed, the Parties shall initiate the dispute resolution process in this Agreement. 13.4 Notwithstanding any other provision contained in this Agreement, any Change in Law of the County Government shall not entitle the District to obtain relief from the requirements of this Agreement (e.g., by Force Majeure, termination or otherwise) based on that Change in Law. 345 13.5 In the event that the respective obligations of the Parties to provide and accept LFG are terminated in accordance with the provisions of this Agreement, unless the District agrees in writing that these items can remain, the Company shall remove the above ground, and seal the below ground, Company LFG Assets that are installed and located on the District's property within one hundred eighty (180) days of the date of termination of such rights and restore the property to its near original condition, ordinary wear and tear excepted. Company's right to access, occupy and use the Interconnect Site and Delivery Point shall continue for the same time period provided herein for Company to remove its Company LFG Assets. On or before the expiration of the removal period, Company shall execute a written release of any easement that was granted by the District pursuant to this Agreement. The only exception will be any LFG expansions that Company paid for,which will not be removed but instead it will be deeded to the District at no cost to the District. 13.6 Failure to pay annual Indian River County property taxes shall be a basis for the District to terminate this Agreement if not cured within 30 days after receipt of written notice of such failure from the District. ARTICLE 14 - INDEMNIFICATION AND INSURANCE 14.1 Indemnification. A. To the extent permitted by law Company shall defend, protect, hold harmless and indemnify District, its commissioners, directors, officers, employees, and agents and contractors (the "District Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of Company, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Company, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the Company under this Agreement; and (d) any breach by Company of any representation or warranty made in this Agreement. Company is not required to hold harmless or indemnify any District Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any District Indemnified Person's negligence or reckless misconduct. B. To the extent permitted by law the District shall defend, protect, hold harmless and indemnify the Company, its directors or partners (as applicable), officers, employees, other agents or contractors (the "Company Indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of: (a) the negligence or wrongful misconduct of the District, its commissioners, directors, officers, employees, and agents and contractors of any tier; (b) the failure of or by the District, its commissioners, directors, officers, employees, 346 and agents and contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the District under this Agreement; and (d) any breach by District of any representation or warranty made in this' Agreement. District is not required to hold harmless or indemnify any Company Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any Company Indemnified Person's negligence or reckless misconduct. 14.2 General Liability Insurance. The Company shall obtain and maintain throughout the Initial Term and any Renewal Terms of this Agreement at its expense the following insurance coverage from insurers who are licensed in the State of Florida and have a current rating of B+ or better in "Best's Key Rating Guide": A. Workers' Compensation Insurance. Workers' compensation coverage must be maintained in accordance with current statutory requirements; B. Employer's Liability Insurance. Employer's liability coverage shall have a minimum limit of liability of $100,000 per occurrence, $100,000 by disease, and $500,000 aggregate by disease; C. Liability Insurance. Commercial general liability insurance and automobile liability shall have a minimum combined single limit of liability of $1,000,000 for personal bodily injury, including, without limitation, death, and property damage. D. Excess Coverage. Umbrella or excess liability coverage in the amount of $2,000,000 shall be maintained. 14.3 Environmental Impairment Insurance. The Company shall procure environmental impairment insurance prior to the LFG Commencement Date and Company shall maintain such insurance in full force and effect at all times thereafter during the term of this Agreement. The environmental impairment insurance shall provide coverage with minimum limits of $2,000,000 per occurrence, if an occurrence form is available, or with a "claims made" form with "tail coverage" extending three (3) years beyond the termination or expiration of this Agreement. Proof of insurance shall be provided to the District at least fifteen (15) days before the LFG Commencement Date. Proof of tail coverage shall be submitted with the Company's invoice for its final payment. In lieu of tail coverage, the Company may submit annually to the District a current certificate of insurance proving that claims made insurance remains in force throughout the same three (3) year period. Such insurance shall provide coverage for pollution and environmental remediation. The form and content of the insurance coverage, as well as the financial stability of the company issuing the insurance, shall be subject to the prior review and approval of the District. The District shall be added as a named insured on the insurance policy, but only with regard to liability arising as a result of the District's delivery of LFG to the Facility Site pursuant to this Agreement. 14.4 Proof of Financial Responsibility. The Company shall provide the District with an 347 irrevocable "standby" letter of credit issued by a national banking company authorized to do business in the State of Florida. The form and substance of the letter of credit shall be in a form consistent with standard practices in the financial industry, and otherwise on terms and conditions reasonably acceptable to the Parties. The letter of credit shall be issued in the amount of One Hundred Thousand Dollars ($100,000.00). The letter of credit shall permit the District to draw amounts if such amounts are due hereunder and the Company has not paid such amounts. ARTICLE 15 - TAXES 15.1 Company shall be responsible for all sales and gross receipt taxes, if any, that are assessed after the delivery of the LFG at the Delivery Point and the District shall be responsible for all such taxes, if any, incurred prior to such delivery. 15.2 Company shall be responsible for any taxes assessed on the Facility or the Company LFG Assets. Company shall have no responsibility for any taxes that may be assessed on the Landfill or the District LFG Assets. The Parties shall cooperate, acting reasonably and in good faith, to minimize any taxes payable hereunder. ARTICLE 16 - GENERAL TERMS 16.1 Each Party shall have the right to inspect and copy the books and records of the other Party relating to this Agreement, when and to the extent necessary to verify the accuracy of any Monthly LFG Statement. Such inspections shall be coordinated in advance between the Parties and shall be conducted during normal business hours. The cost of copying documents shall be paid by the Party requesting the copies. 16.2 Each Party shall have the right to inspect the LFG Assets owned by the other Party. Any inspections shall be coordinated in advance between the Parties and shall be conducted during normal business hours. 16.3 The following exhibits ("A" through "D") are attached hereto: Exhibit "A" — A Legal Description of the District's Landfill, plus a map depicting the location of the Landfill, the Interconnection Site, the Delivery Point and the LFG pipeline on the District's property. Exhibit "B" — Legal Description and Depiction of the Easements on District Property Granted to Company. Exhibit "B-1" — Form of Grant of Non -Exclusive Easement for Landfill Gas Equipment and Pipeline. Exhibit "B-2" - Form of Grant of Non -Exclusive Easement for Ingress and Egress. Exhibit "C" — Form of Confidentiality Agreement Exhibit "D" - LFG Process Flow Schematic These exhibits are incorporated herein by reference and made a part hereof as though set forth in 348 their entirety in the text of this Agreement. In the event there is any conflict between the provisions of this Agreement and the provisions of the exhibits attached hereto, the provisions of this Agreement shall govern. 16.4 It is acknowledged, understood, accepted and declared by the Parties that documents held by Company addressing Company operations downstream of the Delivery Point are intended by the Company to be the private business records of Company, as well as protected trade secrets. Documents of Company are not intended to become public records pursuant to Chapter 119, Florida Statutes, solely by the fact of the existence of this Agreement between Company and the District. However, documents generated by Company relating to the Metering of LFG and/or the amount of the LFG fees due to the District shall be available for review by the District. If Company seeks payment of any claims pursuant to the provisions of this Agreement, any documents relevant to Company claims shall be made available for inspection and copying by the District. 16.5 Company is not an agent, franchisee, partner, joint venturer, or in any way the agent of or related to or involved with the District concerning the receipt, use, consumption and disposition of LFG, except as a purchaser of such LFG. 16.6 Any term, condition, covenant, or obligation in this Agreement that requires performance by a Party subsequent to termination of this Agreement shall remain enforceable against such Party subsequent to such termination. 16.7 In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein and all other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. 16.8 Confidentiality Agreements. The Company believes that the processes, designs and equipment utilized at the Facility, as they may exist from time to time, are valuable, special, and unique assets and trade secrets of the Company's business. During the term of this Agreement, the Company may require the District's employees, and agents, contractors and subcontractors within the control of the District, to execute a Confidentiality Agreement in the form attached hereto as Exhibit "C" before such persons are granted access into the Company's buildings where such persons will have access to Company's Confidential Information (as defined in the Confidentiality Agreement"). 16.9 Dispute Resolution. The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good faith negotiations. Whenever a Party desires to initiate the dispute resolution process set forth in this section, it shall do so by delivering a dispute notice to the other Party. Within ten (10) days after the delivery of a dispute notice, the Parties shall meet for the purpose of negotiating a resolution of the dispute. The Parties will use their best 349 efforts to informally resolve the dispute within forty-five (45) days after the date of the written notice. If the dispute has not been resolved to either Party's satisfaction during this time period, the requirement for informal negotiations shall be satisfied. The Parties may, by mutual agreement, extend the period for informal negotiations. Nothing in this section shall prevent either Party from seeking judicial remedies in a court of law at any time. 16.10 Representations and Warranties of Parties. A. The Parties represent and warrant to each other that upon execution of this Agreement: (A) each Party is duly organized and existing and in good standing under the laws of the state of their creation; (B) the Parties have the power and authority to enter into this Agreement and to carry out their respective obligations hereunder; (C) the Parties have taken all legal actions necessary to authorize them to enter into and perform their respective obligations hereunder; (D) entering into and performing this Agreement does not violate any statute, rule, regulation, order, writ, injunction, or decree of any court, administrative agency, or governmental body or violate any agreement by which a Party is bound; (E) this Agreement has been duly entered into by the Party and constitutes a legal, valid, and binding obligation of the Party; (F) there is no litigation or proceeding pending or threatened against a Party which could materially or adversely affect the performance of this Agreement; and (G) the Parties shall obtain all permits and approvals as may be required to authorize their respective performance of the obligations of this Agreement prior to the LFG Commencement Date. Except as expressly provided herein, the Parties make no representations or warranties and waive no rights or remedies. B. This Agreement, which has been duly authorized, executed and delivered by the respective Parties, constitutes a legal, valid and binding obligation enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally, or by general equitable principles concerning remedies. 16.11 Assignment. This Agreement shall not be assigned by either Party without the prior express written consent of the other Party, which shall not be unreasonably withheld. Notwithstanding the above, Company may assign the Agreement to an affiliate company or to a trustee or lender in connection with the financing or refinancing of the Facility, without obtaining the District's prior approval. A permitted assignment shall neither be effective nor relieve a Party of its obligations under this Agreement unless this Agreement shall have been assumed by the assignee. 16.12 Relationship of the Parties; Beneficiaries. A. This Agreement reflects an arms -length transaction. Nothing herein shall create a fiduciary, partnership, joint venture or employment or other agency relationship between the Parties. 350 B. This Agreement is not entered into for the benefit of, nor are any rights granted to, any third party. C. It is recognized that the District will discharge some of its responsibilities through contractors. The District shall be solely responsible for executing any necessary contracts with contractors. Any such contract shall be entered into by the District as an independent contractor and not as a representative of Company. D. It is recognized that the Company may discharge some of its responsibilities through subcontractors. The Company shall be solely responsible for executing any necessary contracts with subcontractors. Any such contract shall be entered into by the Company as an independent contractor and not as a representative of the District. 16.13 Further Assurances. Each Party agrees to execute and deliver any instruments and to perform any action that may be necessary or reasonably requested in order to give full effect to this Agreement. Each Party shall use all reasonable efforts to provide such information, execute such further instruments and documents, and take such action as may be reasonably requested by the other Party, not inconsistent with the provisions of this Agreement and not involving the assumption of obligations other than those provided for in this Agreement, to carry out the intent of this Agreement. 16.14 Notices. Any notices or communications required or permitted under this Agreement shall be in writing and may be either delivered in person, transmitted by telecopy followed by a mailed confirmation copy, or sent by recognized express mail or courier service, postage prepaid, at the following addresses of the Parties. Notices sent under this Agreement shall be deemed received upon actual receipt. Facsimile is acceptable notice and is effective when received; however, facsimiles received (i.e., printed) after 5:00 P.M. will be deemed received on the next Business Day. Email is acceptable notice and is effective when properly addressed and sent without receipt by the sender of a failure to deliver error; however, emails received after 5:00 P.M. will be deemed received on the next Business Day. The original of a notice must still be mailed as required herein. Changes in the telephone numbers through which telecopy may be transmitted or the address to which notices are to be delivered may be made by written notice given in accordance with this Subsection. As to District: County Administrator Indian River County Administration Building 1801 27th St. Vero Beach, FL 32960 Phone: (772) 226-1408 Email: jbrown@ircgov.com 351 and a copy to the County Attorney at the same address Phone: (772) 226-1424 Email: dreingold@ircgov.com As to Company: Site Director 925 74th Avenue SW Vero Beach, Florida, 32968-9702 Phone: (772) 562-9662 Fax:772 567 8557 Email: Craig Gontkovic crg@gridenergyservices.com Alain Castro acastro@irecodistrict.com and a copy to the Company Attorney at: John D. Werner FishmanHaygood LLP 201 St. Charles Avenue, 46th Floor New Orleans, Louisiana 70170 Phone: (504) 586-5265 Email: jwerner@ishmanhaygood.com 16.15 Waivers. No provision of this Agreement shall be deemed waived without the express written consent of the Party granting the waiver. The waiver by either Party of a default or a breach of any provision of this Agreement by the other Party shall not operate or be construed to operate as a waiver of any subsequent default or breach. The making or the acceptance of a payment by either Party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.16 Entire Agreement; Modifications; Exhibits. The provisions of this Agreement (except captions), including the exhibits annexed hereto, shall (a) constitute the entire agreement between the Parties, superseding all prior or contemporaneous negotiations, understandings or agreements and (b) not be modified in any respect except by express written agreement executed by the Parties. The exhibits attached hereto are incorporated by reference. In the event of any conflict, between the text of this Agreement and such exhibits, the text of this Agreement shall govern. 16.17 Headings. Captions and headings in this Agreement are for ease of reference only and do :not constitute a part of this Agreement. Captions and headings shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. 352 16.18 Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original. 16.19 Venue. Any and all suits for breach of this Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. 16.20 Governing Law and Construction. This Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida, without giving effect to any conflicts -of -law rules requiring the application of the substantive laws of other jurisdictions. The language of this Agreement shall be construed according to its fair meaning, not strictly for or against the Company or District, and not against either Party as its drafter, because both Parties agree they had an equal hand in drafting this Agreement. The singular shall include the plural; use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. 16.21 Waiver of Jury Trial. Each Party hereby knowingly, willingly, and irrevocably waives its right to a trial by jury concerning claims arising under this Agreement. 16.22 Severability. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect. 16.23 Reasonableness Standard. All determinations, consents, reviews and approvals to be granted and conducted by the Parties under this Agreement and any other acts calling for the exercise of discretion shall be performed in good faith and, unless otherwise so specified, under a standard of reasonableness that is consistent with normal industry practices for the type of work involved. Where time periods are not specified, a reasonable period of time shall be allowed. 16.24 Time of Essence. The Parties each understand and acknowledge that time is of the essence of this Agreement. 16.25 Cooperation and Release of Information. District shall cooperate with Company's requests for public information and District shall release public records concerning the District, when such documents are requested by Company in compliance with Chapter 119, Florida Statutes. 16.26 Sovereign Immunity. Nothing in this Agreement is or shall be construed as a waiver of the District's sovereign immunity or the limitations on liability set forth in Section 768.28, Florida Statutes. Notwithstanding the foregoing, District shall deliver to Company an opinion of counsel reasonably acceptable to Company confirming that this Agreement is enforceable against the District in accordance with the terms hereof. 353 16.27 Records Retention. All records required to be prepared or maintained by the Company or District shall be retained by the Company or District, respectively, for at least five (5) years after the date when the records are prepared. THE REMAINDER OF THIS PAGE IS BLANK 354 IN WITNESS WHEREOF, the Parties have authorized the execution of this Agreement by their respective officials on the day, month and year below given. ATTEST: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: By: Deputy Clerk Bob Solari, Chairman APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney District Approved: COMPANY: INDIAN RIVER ECO DISTRICT, LLC. WITNESSES: By: Name: Title: Dated 355 EXHIBIT "A" A LEGAL DESCRIPTION OF THE DISTRICT'S LANDFILL, PLUS A MAP DEPICTING THE LOCATION OF THE LANDFILL, THE INTERCONNECTION SITE, THE DELIVERY POINT AND THE LFG DELIVERY LINE 356 EXHIBIT "B" LEGAL DESCRIPTION AND DEPICTION OF THE EASEMENTS ON DISTRICT PROPERTY GRANTED TO COMPANY DESCRIPTION: 1 ` AN EQUIPMENT EASEMENT, LYING AND BEING IN A PORTION OF TRACT 10. SECTION 25. TOWNSHIP 33 SOUTH. RANGE 38 EAST ACCORDING TO THE LAST:GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION. AS RECORDED IN PLAT BOOK 2, PAGE 26 OF THE PUBLIC RECOROS OF ST. LUCIE COUNTY. FLORIDA. NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. .BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE; 38 EAST OF THE AFOREMENTIONED PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION RUN SOUTH 00'14'48" WEST ALONG THE EAST LINE OF SAID TRACT 9 A DISTANCE OF 149.55 FEET TO A POINT; THENCE LEAVING SAID EAST LINE OF TRACT9, RUN NORTH 89'42'28` MIST, PARALLEL WITH AND NORMAL TO THE NORTH LINE OF SAD TRACT 9 AND TRACT 10. SECTION 25. A=DISTANCE OF 2173.18 FEET TO A POINT; THENCE RUN NORTH 01'08'29" WEST A DISTANCE OF 15.00 FEET TO THE POINT OF 8EG1NNiNb. FROM SAID POINT OF.BEGINNING CONTINUE NORTH 00'0829" (WEST A DISTANCE OF 104.55 FEET TO THE SOUTH RIGHT-OF;WAYLINE OF SUB -LATERAL C-5 CANAL. (INDIAN RIVER FARMS WATER CONTROL DISTRICT 60 FEET WIDE RIGHT-OF-WAY, AS RECORDED IN PLAT BOOK 2, PAGE 25 PUBLIC RECORDS OF ST. LUCIE COUNTY, 'FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA); THENCE RUN SOUTH. 89642'28" EAST ALONG SAID SOUTH RIGHT-OF1 WAY.LINE, PARALLEL WITH AND NORMAL TO THE NORTH LINE OF SAID TRACT 10, A DISTANCE.OF 83.00 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY LINE, RUN SOUTH 00'08'29" EAST A DISTANCE•OF 104.55 FEET; THENCE RUN NORTH 89642'28" WEST, PARALLEL WtTH AND NORMAL TO SAID NORTH LINE OF TRACT 10, A DISTANCE OF 83.00 FEET TO THE POINT OF BEGINNING: SAID EASEMENT CONTAINING 8677.65 SQUARE FEET OR 0.20 ACRES, MORE OR LESS 357 EXHIBIT "B-1" FORM OF GRANT OF NON-EXCLUSIVE EASEMENT FOR LANDFILL GAS , EQUIPMENT AND PIPELINE GRANT OF NON-EXCLUSIVE EASEMENT FOR LANDFILL GAS EQUIPMENT AND PIPELINE THIS EASEMENT is made, granted and entered into this day of by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, (hereinafter referred to as "Grantor"), to INDIAN RIVER ECO DISTRICT, LLC, its successors and assigns, whose real property is adjacent to the real property of the Grantor, (hereinafter referred to as "Grantee). WITNESSETH That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a non-exclusive easement which shall permit Grantee authority to enter upon the Easement Property of the Grantor, including the flare station pad constructed thereon, at any time during the Grantor's normal business hours and at other times upon receiving the Grantor's prior consent, which shall not be unreasonably withheld or delayed, to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, and inspect the Grantee's Landfill Gas Assets and other improvements that are located in, on, over, under, and across the Easement Property. The Grantee's Landfill Gas Assets include, but are not limited to, the Grantee's pipelines, wires, compressors, coolers, metering equipment, valves, controls and other related equipment for the measurement, transmission, connection, handling, monitoring and management of landfill gas (collectively, the "Facilities"). The Easement Property hereby granted covers that certain land lying, situate and being in Indian River County, Florida, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF together with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge, replace, remove or relocate such Facilities and with all rights and privileges necessary or convenient for the full enjoyment or use thereof for the herein -described purposes, including, but not limited to the right to cut and keep clear all trees and undergrowth and other obstructions within said area that may interfere with the proper construction, operation and maintenance of such Facilities, the right to mark the location of any underground Facilities by above -ground and other suitable markers and the right of ingress, and egress for personnel and equipment of Grantee, its contractors, agents, successors or assigns, over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. The Grantor, however, reserves the right and privilege to use the above-described property for any such purposes suitable to the Grantor except as might interfere or be inconsistent with the use, occupation, maintenance or enjoyment thereof by Grantee or its successors or assigns, or as might cause a hazardous condition. It is understood and agreed that this easement will continue in effect for the benefit of Grantes,A successors and assigns until the occurrence of the first of the following events: (a) the easement is no longer used by Grantee, its successors and assigns, for the purpose for which this grant is provided; or (b) the Landfill Gas Agreement between the Grantor and the Grantee is terminated or expires and is not replaced by another agreement requiring the same easement. At such time as one of these two events occur, the rights herein granted shall terminate and full use of the Easement Property shall be enjoyed by Grantor, its successors or assigns, and Grantee shall execute a release of all rights under this grant of easement. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances unless specifically stated to the contrary. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal of the date first above written. ATTEST: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: By: Deputy Clerk Bob Solari, Chairman APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney WITNESSES: District Approved: COMPANY: INDIAN RIVER ECO DISTRICT, LLC. By: • Name: Title: Dated 359 EXHIBIT "A" to EXHIBIT "B-1" LEGAL DESCRIPTION 360 ren r wee oks tar Ala SKETCH OF DESCRU'71GN PART or TRACTS S AND 70, S£CTTON! 25, TOIOISHP S3 sou7N, RANGE NI CAST /NMAN RIPER PARAI$ COMPANY' $100/NS1011 INDIAN MVO? MAIM FLORIDA. TRACT 7 tooroctuceo !WPM) r hat ow ui eea�sw Or wwi-ar-101 nwrldira O 0' W *M. GWS IJl l E4SCANT TRACT 10 NOY INCLUDED -I-CAI ° "°�d' 55irce 1811 o PO *del such (P, ,-KO( ) TRACT 9 (MUNENOT ACLUDED CARTER ,ASSOCIATES, INC.. [ DA:NrALERT .4AlL1 SAAGVEVISPS MO 2rw Sr+ttr 177m17 000 ucw12 n. MON .12 m-sc-41nea C'Au7 1 --?W' r1 -37I Pro., tfr VW -1,12 SkF£T 7 or 2 362 L W^+4s rid ar•r ciareiridut �wycet��s ry .r �a—�trer•a EXHIBIT "B-2" FORM OF GRANT OF NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS GRANT OF NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS THIS EASEMENT is made, granted and entered into this day of , by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, (hereinafter referred to as "Grantor"), to INDIAN RIVER ECO DISTRICT, LLC, its successors and assigns, whose real property is adjacent to the real property of the Grantor, (hereinafter referred to as "Grantee). WITNESSETH That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a non-exclusive easement which shall permit Grantee authority to enter upon the Easement Property of the Grantor at any time during the Grantor's normal: business hours and at other times upon receiving the Grantor's prior consent, which shall not be unreasonably withheld or delayed, for ingress and egress to the Grantee's Landfill Gas Assets located on Grantor's property, to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, and inspect the Grantee's Landfill Gas Assets and other improvements that are located in, on, over, under, and across the Grantor's property. The Grantee's Landfill Gas Assets include, but are not limited to, the Grantee's pipelines, wires, compressors, coolers, metering equipment, valves, controls and other related equipment for the measurement, transmission, connection, handling, monitoring and management of landfill gas (collectively, the "Facilities"). The Easement Property hereby granted covers that certain land lying, situate and being in Indian River County, Florida, and being more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF together with the right and privilege from time to time to alter, repair and improve if necessary, the Easement Property for ingress and egress purposes, and with all rights and privileges necessary or convenient for the full enjoyment or use thereof for the herein -described purposes, including, but not limited to the right to cut and keep clear all trees and undergrowth and other obstructions within said area that may interfere with the proper use of such Easement Property, and the right of ingress and egress for personnel and equipment of Grantee, its contractors, agents, successors or assigns, for the purpose of exercising and enjoying the rights granted by this easement and any or all of the rights granted hereunder. The Grantor, however, reserves the right and privilege to use the above-described property for any such purposes suitable to the Grantor except as might interfere or be inconsistent with the use, occupation, maintenance or enjoyment thereof by Grantee or its successors or assigns, or as might cause a hazardous condition. It is understood and agreed that this easement will continue in effect for the benefit of Grantee, its successors and assigns until the occurrence of the first of the following events: (a) the easement is no longer used by Grantee, its successors and assigns, for the purpose for which this grant is provided; or (b) the Landfill Gas Agreement between the Grantor and the Grantee is terminated or expires and is not replaced by another agreement requiring the same easement. At such time as one of these two events ose the rights herein granted shall terminate and full use of the Easement Property shall be enjoyed by Grantor, its successors or assigns, and Grantee shall execute a release of all rights under this grant of easement. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances unless specifically stated to the contrary. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal of the date first above written. ATTEST: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: By: Deputy Clerk Bob Solari, Chairman APPROVED: By: Jason E. Brown County Administrator APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney WITNESSES: District Approved: COMPANY: INDIAN RIVER ECO DISTRICT, LLC. By: Name: Title: Dated 365 EXHIBIT "A" to EXHIBIT "B-2" LEGAL DESCRIPTION 366 !1O3:F1FTr P 7115.1:=1 i.SI::i:>:::d,=:•SF'JlMT. (`%11': 64.07:302 t.'±_ F▪ 4,051017...5 7'...00.10:4'40 O 7CCE;:T3:+CRW.:L:-•:71,:705 •1:1'•144'0,11<0:I.1.00.4A 0:5.10.+1:+ A.000ATAKAie 1F.112;I1 t: I' ,1 int.-. 2.1!•4t Gt ^t.:: !'•CL _.:L'J:::IF..!►111,!L:�f cd.t.n 71 nr rA. Lay.,1:: I::'LC CX1111117:1AF'1:J1O3LIC-, li£l :L':-v5•l�5'•0:N:A :tl.::•.:11•-1:=Y f.�::1.1.►f�'14 IG_:31 tt a:YAI:la C_, TIT_ NG - S -4D: IN3 3:5:aIC::•.."[Luse.: ViJSNJ.C1':V 0771-trM411.tietl C:N'!r::'l'J. WK.. 1..1.• SOLI! 6T: -+r 1,X01 .,V 11'0 taY:`- F_.i'1i.40 !:l'it :e 0:141`!1 -T --:T :CI;4T;1Ir C LFh.' na TA G C4.7.' 1,1:10 F..1:47.:C.410:-.31.410%:•{NLF,•t'a FT.F t.f.Fll' 11.'::'5.11 Lit 1:1•41: 07101:: I :I: }. ^.A1:, U• I VG s1tie� G'r:0'-!?7117:+a"•T f .7..0..00011: "DACI4: Pl 1'1:1 fR! : •;1 : FF.1r ri, 0..74131.11(70:1::. Cf :LSN :•F Vl"vV1V1 •'. 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(04VJ 3Y .'•i ii,i•'•J :. i1'-4401 ; ".`I.icN;2 ISIIt LILT" TCC 3 367 SKETCH OF DESCRIPTION PART OF TRACTS 9 AND 10, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 £AST INDIAN RIVER FARMS COMPANY SUBDIVISION INDIAN RIVER COUNTY, FLORIDA.. PROPOSED 0' NOPE LAS WC AND W3TM PAO MR PURC STAt t47570•1— 4531:81"013— NORM U'lt Or TRACT 10 t 1%f SCCTICNjtRtF 115ar TRACT 7 NOTWC;Y.UDED PNDPOSCO 0' 001E 0 (3' mom or NICHT-TX-.MAT PRI$102r6 00.112LPPC 07 - Kt PARC OAS UNC CAPC0CNT Ego E X TRACT 8 NOT NOLLOED 3040' At0R004 Rry O7tEA R CTO OUNTY MAN I .a 0000 MDT 110 PEA 57--- '-1 BF, { SP rOLIKI OS NAA. Tr 0s i' 1 1 1 STARPER 'OA011* 10 205' . 0001t0AST woo, T11000 01., SVO-tMCOAL 0VITAL C-5 (00' 00500700 POR 'AAA PONT a OO 0001D0IXT 1 +CO'AC, ANC CANA7J PSR •fpAN WMA /RAMS t01PANT MAO= 30. pe0'.000X3 j 144—• 1 CAAVCOT SUO.AN40N PLAT RON t. PKt TA Pu630 �' T l 0000000 Ci. tUOC 000000. ROPAA ( . _ .e tOPIN WOlrt cr-TUT pm-umw. as CANAL , —` Y--f1pRTN 111E Or.. TRAGI 0 0 1e 004110+ *00 70000 ar--SS73T1707'670- it}-gC7000R.•-.-••(540: P1174230• 4-T7atr -' *„,,„„,,,,4,,,,_ '" -F ' "51Tya-7c"C VITo 30. o nACCESS o 7 �-wea Oyoo 9o0' iiC r 1 ccss cA ANON ACCESS [ASC1WJtI 01100 AT CORNER .Or 0 PENCE AT SAS101 run STATION COUNTY t, INO:AY Pon 6 TO 00030 WMA COUNTY EANOPN4 ACCESS CASEMENT TRACT 10 NOT SYCLLOED Sine* 1 171*0 0 N00-. .100 10010 It own+. 7A! 1keV TRACT 9 NOT 1VC LUDED DAM 11^02-i1 !1' CARTER ,ASSOCIATES. 00001.17110 modulo to ANO lANO SU0TC00R5. P7>M 1010 303207 m-O0T-+1St (0IR0' 1€00 *0*0*. 00003 3TPSO 772-34:-Tit1 (PAii R.S0A0t: P-+mO' 11-3712 0*40.{ y3:10 -AT mat 1Of3 368 EXHIBIT "C" FORM OF CONFIDENTIALITY AGREEMENT CONFIDENTIALITY AGREEMENT This Confidentiality Agreement ("Agreement"), effective as of the last date signed below ("Effective Date"), is by and between ("Company") and Indian River County Solid Waste DisposalDistrict ("District"), a special dependent district of Indian River County, Florida. RECITALS: WHEREAS, each of Company and the County shall each be referred to as a "Party" and collectively as the "Parties"; WHEREAS, the Parties have held discussions and exchanged information regarding the development of a landfill gas electricity generating facility, associated agreements and related matters, and will continue to hold discussions and exchange information concerning the development and operation thereof (the "Transaction"); and WHEREAS, in the course of discussions regarding the Transaction, it will be necessary for a Party ("Disclosing Party") to release certain Confidential Information (as defined below) to another Party ("Receiving Party"). NOW, THEREFORE, in consideration of the mutual promises and covenants made herein, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows: 1. Confidential Information. "Confidential Information" shall mean all information, regardless of the form in which it is communicated or maintained (whether oral, written, electronic or visual) and whether prepared by Disclosing Party or otherwise, which is disclosed to Receiving Party, regardless of whether such information is disclosed before or after the execution of this Agreement, in connection with the Transaction and including all records, reports, analyses, notes, memoranda, documentation, data, specifications, diagrams, statistics, systems or software, manuals, business plans, operational information or practices, processes (whether or not patented, patentable or reduced to practice), customer lists, contractual arrangements with, and information about, the Disclosing Party's suppliers, distributors and customers, the existence of the discussions between the Parties concerning the Transaction, or other information that are based on, contain or reflect any such Confidential Information. For such Confidential Information provided by Company to the Country, Company will designate such documents, materials, or information as such and satisfy the requirements for the applicable exemption (e.g. section 812.081, Florida Statutes) in order to invoke such exemption from disclosure otherwise required of the other parties as public agencies pursuant to the Florida Public Records Act. Confidential information also includes any security system plans, which include records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of the facility or revealing security systems; threat assessments conducted by District or any private entity; threat response 369 plans; emergency evacuation plans; sheltering arrangements; or manuals for security personnel, emergency equipment, or security training. Additionally, building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by the District are also Confidential Information. All information received from the Disclosing Party shall be considered Confidential Information, unless it is specifically designated as non-proprietary and non -confidential. For the avoidance of doubt, a Party's Confidential Information specifically includes data disclosed by or through such Party's affiliates, or their respective owners, officers, employees, members, or representatives. Confidential Information shall not include: (a) information which is or becomes publicly available other than as a result of a violation of this Agreement; (b) information which is or becomes available on a non -confidential basis from a source which is not known to the Receiving Party to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Disclosing Party; (c) information which the Receiving Party can demonstrate was legally in its possession prior to disclosure by the Disclosing Party; or (d) information which is developed by or for Receiving Party independently of the Disclosing Party's Confidential Information. 2. Nondisclosure and Use of Confidential Information. Confidential Information shall not be used for any purpose other than to analyze, evaluate, negotiate, implement or complete the Transaction. Confidential Information shall be held in strict confidence by Receiving Party and shall not be disclosed without prior written consent of Disclosing Party, except to those advisors, affiliates, subcontractors, agents, assigns, attorneys, employees, directors, officers and/or members ("Representatives") with a need -to -know the Confidential Information for the purposes of analyzing, implementing or completing the Transaction. Receiving Party shall be responsible for any breach of this Agreement by the Receiving Party or its Representatives. The Receiving Party shall use the same degree of care to protect the Confidential Information as the Receiving Party employs to protect its own information of like importance, but in no event less than a reasonable degree of care based on industry standard. 3. Required Disclosure. In the event that Receiving Party is requested or required by legal or regulatory authority to disclose any Confidential Information, the Receiving Party shall promptly notify the Disclosing Party of such request or requirement prior to disclosure, if permitted by law, so that Disclosing Party may seek an appropriate protective order. In the event that a protective order or other remedy is not obtained, Receiving Party agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is consistent with the scope of the subpoena or demand, and to exercise reasonable efforts to obtain assurance that confidential treatment will be accorded such Confidential Information. Receiving Party will provide reasonable cooperation to Disclosing Party and its legal counsel with respect to performance of the covenants undertaken pursuant to this Section 3. 4. Remedies. The Receiving Party agrees that money damages would not be a sufficient remedy for any breach of this Agreement and that Disclosing Party shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Agreement. Such remedy shall not be the exclusive remedy for any breach of this Agreement, but shall be in addition to all other rights and remedies available at law or in equity. Notwithstanding anything contained in this Agreement, the Receiving Party's liability to the Disclosing Party in connection with this Agreement and any activities undertaken in connection with the evaluation of the Transaction shall be limited to direct damages and shall exclude any other liability, including without limitation liability for special, indirect, punitive or consequential damages in contract, tort, warranty, strict liability or otherwise. delivered by the signatory so authorized, and the 370 obligations contained herein constitute the valid and binding obligations of such Party, subject to approval of a Partys governing body, as may be required. 5. Return or Destruction. Unless, otherwise required by law, at any time upon the Disclosing Party's written request, the Receiving Party shall return or destroy, at the Receiving Party's option, all written Confidential Information of the Disclosing Party, including that portion of such Confidential Information that may be found in analyses, compilations, studies or other documents prepared by, or for, the Receiving Party, and the Receiving Party and its Representatives shall not retain any copies of such written Confidential Information; provided, however, that Confidential Information may be retained by the Receiving Party to the extent that retention of such Confidential Information is necessary to comply with the Receiving Party's internal document retention policies aimed at legal, corporate governance or regulatory compliance and any such retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein, notwithstanding any termination or expiration of this Agreement. The Receiving Party shall, upon written request of the Disclosing Party, cause one of its duly authorized officers to certify in writing to the Disclosing Party that the requirements of the preceding sentence have been satisfied in full. The Receiving Party shall not be deemed to have retained or failed to return or destroy any Confidential Information if Confidential Information received or stored in digital format is deleted from local hard drives so long as no attempt is made to recover such Confidential Information from servers or back-up sources, provided that any such retained Confidential Information shall remain subject to the disclosure and use restrictions set forth herein, notwithstanding any termination or expiration of this Agreement. 6. No Other Agreement. It is understood that this Agreement is not intended to and does not, obligate any Party to enter into any further agreements or to proceed with any possible relationship or other transaction, including without limitation the Transaction, or to require any Party to disclose any information under this Agreement. Any pricing lists, proposals or summaries disclosed under this Agreement are intended only to provide a framework for further discussions among the Parties. Pricing documents are not an offer or a commitment of any Party. 7. No License. It is understood that nothing contained in this Agreement shall be construed as granting or conferring rights by license or otherwise in any Confidential Information disclosed to Receiving Party. Nothing in this Agreement is intended to prevent any Party hereto from using its own Confidential Information which it furnished hereunder for dealings with third parties for any purpose. 8. Amendment. Any amendment to this Agreement must be in writing and signed by an authorized representative of each Party. 9. No Assignment. This Agreement may not be assigned by any Party unless prior written consent is obtained from the other Parties. 10. Non -Waiver. No waiver of any provision of this Agreement shall be deemed to be nor shall constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 11. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of law's provisions. Any disputes resulting in litigation between the Parties shall be conducted exclusively in Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 371 12. Term. This Agreement shall terminate one (1) year from the Effective Date of this Agreement, or thirty (30) calendar days following written notice by any Party to the others of its desire to terminate this Agreement, whichever occurs first. However, except as to 1) security system plans, which include records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of the facility or revealing security systems; threat assessments conducted by District or any private entity; threat response plans; emergency evacuation plans; sheltering arrangements; or manuals for security personnel, emergency equipment, or security training; and 2) building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by District, the obligations contained herein shall remain in effect for a period of two (2) years from the date the Confidential Information was disclosed under this Agreement. With respertct to security system plans, which include records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security of the facility or revealing security systems; threat assessments conducted by District or any private entity; threat response plans; emergency evacuation plans; sheltering arrangements; or manuals for security personnel, emergency equipment, or security training, and building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by District the obligations contained herein shall remain permantly in effect. 13. Entire Agreement. This Agreement constitutes the full and entire agreement between the Parties regarding the confidentiality of Confidential Information. The Parties agree that the Recitals are true and correct and form a vital part of this Agreement. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. 14. Counterparts. This Agreement may be signed in counterparts and may be delivered by facsimile or electronic means, each of which may be deemed an original, and all of which together constitute one and the same agreement. 15. Authorization and Binding Obligations. Each Party represents to the other Party that the execution, delivery and performance of this Agreement have been duly authorized, and this Agreement has been duly executed and delivered by the signatory so authorized, and the obligations contained herein constitute the valid and binding obligations of such Party, subject to approval of a Party's governing body, as may be required. 16. Waiver of Trial by Jury. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY. VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. 17. Publicity. Unless otherwise required by law, no Party shall make any public disclosures regarding another Party, or the subject matter hereof, including, without limitation, any advertisements, publications or documents, without the prior written approval of such other Party. 372 18. No Warranties. Each Party acknowledges that the Disclosing Party provides the, Confidential Information on an "as is" basis and without warranty of any kind. THE DISCLOSING PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES PERTAINING TO THE CONFIDENTIAL INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 19. Export of Confidential Information. Each Party receiving Confidential Information hereunder agrees that it and its Representatives will not export such Confidential Information in contravention of the provisions of (a) the U.S. Export Administration Act, as amended, and the regulations issued thereunder and (b) any other applicable laws of other countries and/or jurisdictions. 20. Confidential Information from Third Party Contractors. District Confidential Information may be provided to Company through third party contractors. Confidential Information provided by third party contractors shall be subject to the same requirements under this Agreement as Confidential Information provided directly by District. Company Confidential Information may be provided to District through third party contractors. Confidential Information provided by third party contractors shall be subject to the same requirements under this Agreement as Confidential Information provided directly by Company. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. [COMPANY] INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: By: Name: Name: Title: Title: Date: Date: 373 EXHIBIT "D" LFG PROCESS FLOW SCHEMATIC DralK 0.001.11. 374 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: July 9, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Third Amendment to Tropical Recycling Descriptions and Conditions: On July 9, 2019, staff made a presentation to the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board regarding single stream contamination. Although an effort to identify, educate and enforce violations to the County Code are in place, our processor, Tropical Recycling has expressed higher than normal contamination rates that make their operations unsustainable. Currently, Tropical Recycling pays a landfill residue disposal rate of $19.08 per ton for materials from their Fort Pierce facility to the IRC landfill. Tropical Recycling has requested some financial relief on the disposal costs. Analysis: Staff recommends temporary allowances to address single stream contamination until such time as formal policy changes are adopted by SWDD or until the recyclables contain twenty percent (20%) or Tess rejects by volume, whichever occurs first. Specifically, staff is recommending, starting July 1, 2019, a short-term allowance to allow Tropical Recycling to return the first 35% of the previous month's recyclables that are returned' to the IRC landfill as a landfill residue for dispoal at no cost. Please find attached the Third Amendment to Tropical Recycling. Based on an estimated residue of 556 tons and the rate of $13.49 per ton landfill disposal rate to Republic Services, it is estimated that this allowance to Tropical Recycling will incur an additional disposal cost to SWDD of $7,500 per month, or approximately $22,500 for the remaining three months of this fiscal year. Funding: Funding for the SWDD Class 1 landfill services is budgeted and available in the Fiscal Year (FY) 18/19 budget in the SWDD landfill account, which is funded from SWDD assessments and user fees. Description Account Number Amount Landfill — Contractual Services (FY18/19) 41121734-033489 $22,500 @BCL@700DB602.docx 375 Page 1 of 2 SWDD Item Recommendation: Solid Waste Disposal District (SWDD) staff recommends that the Board approve and authorize the Chairman to sign the Third Amendment to Recyclables Transfer, Processing and Marketing Services Agreement between SWDD and Tropical Recycling to be effective July 1, 2019. Attachment: 1. Third Amendment to Tropical Recycling @BCL@700DB602.docx 376 Page 2 of 2 THIRD AMENDMENT TO RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES AGREEMENT THIS THIRD AMENDMENT ("Amendment") to for Recyclables Transfer, Processing & Marketing Services Agreement (the "Agreement"), is made and entered into as of this day of July, 2019, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is c/o Department of Utility Services, 1801 27th Street, Vero Beach, FL (hereinafter "SWDD") and Tropical Exchange Corp., a Florida Corporation, d/b/a Tropical Recycling, 2625 Electronics Way, West Palm Beach, FL, 33407 (hereinafter "Tropical" or the "Processor"). WHEREAS, on August 21, 2012, SWDD and ReCommunity entered into the Agreement; and WHEREAS, per the First Amendment to and Assignment of Recyclables Transfer, Processing & Marketing Services Agreement ("First Amendment"), dated July 14, 2015, ReCommunity assigned the Agreement to Tropical with the prior express written consent of SWDD; and WHEREAS, per the Second Amendment to Recyclables Transfer, Processing & Marketing Services Agreement ("Second Amendment"), dated September 18, 2018, SWDD extended a two-year option to the Agreement with Tropical to terminate on August 31, 2022; and WHEREAS, Tropical has been providing Single Stream recycling processing services under the Agreement beginning October 1, 2015; and WHEREAS, Tropical is being paid a Processor's Fee of $88.00/ton and is providing a revenue share of 75.1% for Single Stream recycling under the extended initial term; and WHEREAS, Tropical is compensating SWDD for landfill residue disposal at a rate of $19.08 and landfill cover materials at a rate of $7.00 per ton; and WHEREAS, Tropical has expressed that the contamination rate for the Program Recyclables from Indian River County have exceeded 20%; and 377 WHEREAS, SWDD is providing temporary allowances to address single stream contamination until such a time as formal policy changes are adopted by SWDD or until the Recyclables contain twenty percent (20%) or less Rejects by volume, whichever occurs first; NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Amendment of Article IV of the Agreement (Processor Responsibilities) Subsection (c) of Section 4.4, Processing and Marketing, of Article IV of the Agreement is amended to add the following language as indicated below: (c) Landfill Residue Disposal Rate. Tropical has requested to return the residue from their processing to the Indian River County Landfill. Tropical is hereby agreeing to pay the Landfill Residue Disposal Rate which has been calculated to be $19.08 per ton, to be adjusted annually as part of the SWDD Assessment Rate Resolution process. See attached rate calculation sheet provided as Exhibit A to this Amendment. Starting July 1, 2019, Tropical will not pay the Landfill Residue Disposal Rate for the first 35% of the previous month's Program Recyclables that are returned to SWDD for disposal until such a time as formal policy changes are adopted by SWDD., or the Recyclables contain twenty percent (20%) or less Rejects by volume., whichever occurs first. Section 3. Remaining Provisions. All other provisions of the Agreement, First Amendment and Second Amendment shall remain in full force and effect. (Remainder of this page is intentionally left blank) 378 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Bob Solari, Chairman By: Deputy Clerk BCC approved: Date APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY By: By: Jason E. Brown County Administrator Dylan Reingold County Attorney WITNESSES: TROPICAL EXCHANGE CORP. By: Name: Title: Dated: 379