HomeMy WebLinkAbout06/21/2022fib..
FLORI�i
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, JUNE 21, 2022 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator
Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney
Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Joseph Flescher, District 2
Laura Moss, District 5
1. CALL TO ORDER
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.B. INVOCATION
Pastor Randy Bryant, Ryanwood Fellowship Church
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph H. Earman, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Frank LoMonaco on his Retirement from
the Indian River County Sheriffs Office
Attachments: Proclamation
5.11. Presentation of Proclamation Honoring Lori Bloom on Her Retirement from the
Office of the Indian River County Tax Collector with 33 Years of Service
Attachments: Proclamation
5.C. Presentation of Proclamation Recognizing July, 2022, as Parks. & Recreation
Month and July 15th as Parks & Recreation Professionals' Day
Attachments: Proclamation
June 21, 2022 Page I of 6
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Presentation of Proclamation Honoring Lonn David Benham on His Retirement
From Indian River County Board of County Commissioners Department of
Emergency Services Fire Rescue Division with Thirty -One Years of Service
Attachments: Proclamation
7.B. SWDD Closures and Collection Service Changes for the 4th of July Holiday
Attachments: Staff Report
7.C. Indian River County Venue Event Calendar Review
Attachments: Event Calendar
7.D. Florida Public Service Commission PAA Order PSC -2022 -0203 -PAA -EQ.
Approving FPL's amended standard offer contract and rate schedule; if no protest,
order to become final and effective on issuance of a CO; if order becomes final,
docket to be closed; protest due by 6/30/22, a copy is on file in the Office of the
Clerk to the Board.
8. CONSENT AGENDA
8.A. Quarterly Investment Report for Quarter Ending 3/31/2022
Attachments: FINANCE DEPARTMENT STAFF REPORT
8.B. Quarterly OPEB Trust Report for Quarter Ending 03/31/2022
Attachments: FINANCE DEPARTMENT STAFF REPORT
8.C. Traffic Education Fund Quarterly Report 3/31/2022
Attachments: FINANCE DEPARTMENT STAFF REPORT
S.D. Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2022
Attachments: Finance Department Staff Report
8.E. Approval of a Scope of Services with the Center for Transportation Research for
the 2023 Transit Development Plan (TDP) Major Update
Attachments: Staff Report
TDP Scope of Services
8.F. Designation of Excess Equipment as Surplus and Authorization for Disposal and
Reactivation of Asset 24738
Attachments: Staff Report
Excess List for 062122
June 21, 2022 Page 2 of 6
8.G. Miscellaneous Budget Amendment 006
Attachments: Staff Report
2021 2022 Resolution
Exhibit "A"
8.H. Winter Beach Tower Lease Amendment
Attachments: Staff Report
Third Amendment
Site Plan
8.I. Resolutions Delegating the Authority to the County Administrator or his Designee
to Call Letters of Credit and to Act on Behalf of Indian River County during the
Time Frames of July 13, 2022, through and including August 15, 2022 and August
17, 2022, through and including September 12, 2022
Attachments: Staff Report
2022 RESO delegating auth admin break 1
2022 RESO delegating auth admin break 2
S.J. Work Order No. 4 - Andersen Andre Consulting Engineers, Inc., IRC -1639 - 69th
Street From 66th Ave. to SR/US1, Resurfacing Construction Materials Testing
Services
Attachments: Staff Report
Work Order No. 4 & Scope
8.K. 11th Drive Project Construction Inspection Cost Share Approval
Attachments: Staff Report
Russell-Moler Construction Services Contract
8.L. Authorizing Resolution to Delegate Signature Authority for Grant Applications to
Various Agencies
Attachments: Staff Report
Authorizing Resolution for Grant Applications
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
June 21, 2022 Page 3 of 6
10.A.1. Consideration of the Disposition of County Owned Surplus Properties for
Affordable Housing
Attachments: Staff Report
Section 125.379 Florida Statute
List Map and Aerial
Draft Resolution
B. PUBLIC DISCUSSION ITEMS
10.13.1. Request to Speak from Savanna Randle, VLE Re: To Make Vero Lake Estates a
Golf Cart Community
Attachments: Request to Speak Randle
C. PUBLIC NOTICE ITEMS
10.C.1. Notice of Public Hearing Scheduled for July 5, 2022 Board Meeting for an
LDR Amendment Modifying the Criteria for Accessory Dwelling Units
Attachments: Staff Report
11. COUNTY ADMINISTRATOR MATTERS
I.I.A. Executive Session to Discuss IAFF Negotiations
Attachments: Staff Report Executive Session IAFF
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. FDOT Agreement for Brightline Improvements and Brightline Subrecipient
Agreement
Attachments: Staff Report
Indian River County 55.039 Project (final for execution)
Brightline Subrecipient Agreement
14. COMMISSIONERS MATTERS
June 21, 2022 Page 4 of 6
A. Commissioner Peter D. O'Bryan, Chairman
B. Commissioner Joseph H. Earman, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
15.A.1. Approval of Second Renewal of Second Amendment of Property Lease for
Temporary Location of Fire Station #7
Attachments: Staff Report
Second Renewal of Second Amendment Lease
B. Solid Waste Disposal District
15.11.1. Approval of FY 2023 CPI Adjustment Request by Waste Management for
Franchise Agreement
Attachments: Staff Report
Rate Adjustment Letter from WM
C. Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.irc og v.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.
June 21, 2022 Page 5 of 6
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.
June 21, 2022 Page 6 of 6
S4
Proclamation
HONORING FRANK LOMONACO ON HIS RETIREMENT
FROM THE INDIAN RIVER COUNTY SHERIFF'S OFFICE
-Whereas, Lieutenant Frank LoMonaco is retiring from the Indian River County Sheriff's
Office, effective June 30, 2022; and
^W erects, Frank began his journey in law enforcement in 1991 and has served with
distinction for nearly thirty years, working diligently under four sheriffs to protect and serve the
citizens of Indian River County and the State of Florida; and
-Whereas, Frank began his career as a law enforcement deputy but spent the majority of
his calling in the field of corrections; and
^W ereas, Frank's many years of experience, demonstrated ability for leadership, and
irreproachable professionalism duly resulted in his promotion to the rank of lieutenant; and
^W ereas, over his tenure, Frank received many acknowledgements and commendations
for his efforts, including the Exceptional Duty, Tactical, and Going the Extra Mile Awards, and
multiple honors for his lifesaving efforts; and
_W&reas, Frank's remarkable dedication to his profession has earned him the appreciation
of Sheriff Flowers and all those who have had the pleasure of working with him.
wow, r erefore, be it Proclaimed by the Boardof County Commissioners of
Indian River County, FCorida, that the Board lauds the contributions Lieutenant Frank
LoMonaco has made to the citizens of Indian River County during his highly -successful law
enforcement career and wishes him a happy and prosperous retirement.
Adopted this 21 st day of June, 2022. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Joseph H. Earman, Vice Chairman
Susan Adams
Joseph E. Flescher
Laura Moss
1
Proclamation
HONORING LORI BLOOM ON HER RETIREMENT FROM
THE INDIAN RIVER COUNTY OFFICE OF THE TAX COLLECTOR
WITH 33 YEARS OF SERVICE
-Whereas, Lori retires from the County Tax Collector's Office effective July 1, 2022; and
-Whereas, Lori began her career of public service with the Broward County Revenue Collector's Office
in July of 1989 before joining the Indian River County Tax Collector's Office on January 2, 1997, starting as a
Customer Service Representative and finishing as Director of Motor Services/CWL Operations; and
-Whereas, Lori's extensive experience and knowledge, accented with integrity, dedication, and a
wonderful sense of humor, has earned praise from current and former Tax Collectors and her co-workers; and
-Whereas, she has been lauded by Tax Collector Carole Jean Jordan, who stated, "Over 33 years in
Motorist Services, Lori went from handwritten work to the most modern software available. When we
implemented Driver License Services, Lori jumped in and quickly took the lead on staff training, then carried
the same enthusiasm into our Concealed Weapon License program. Lori Bloom was my secret weapon in the
Tax Collector's Office, fully capable of calmly and efficiently handling the most enormous motor vehicle
problems or any other challenge. Lori is one of the strongest women I know, overcoming a lifetime of tragedies
and becoming stronger from them. She leaves us early to experience new adventures, advance her horizons,
and hopefully see the world, and we wish that all her wildest dreams are fulfilled"; and
-Whereas, Lori has been commended by former Tax Collector Charles W. Sembler, who remarked, "It
was a pleasure to work with Lori. She was an outstanding public servant and Ryanwood branch coordinator
with a thirst for knowledge regarding the intricacies of Florida law. Her positive attitude, integrity, quick wit, and
adaptability were put to good use every day and will be missed at the Tax Collector's Office"; and
-Whereas, Lori is held in high esteem by former Assistant Tax Collector Jeff Smith, who stated, "I had
the pleasure of working with Lori for over 8 years and I can without a doubt say that it was an experience, albeit
a great one! She kept everyone focused and had the right answer to almost any situation dealing with DHSMV.
Lori managed the transition to our current office on 82nd Avenue, where she was instrumental in working with
the contractor to develop the office layout, making sure everything was as it should be"; and
-Whereas, Lori was recognized by former Tax Collector Karl Zimmermann, who affirmed, "Lori Bloom,
a dedicated employee and team player with outstanding customer commitment and exceptional knowledge.
She assisted me several times with challenges as a client. Job well done, enjoy retirement, you will be missed!"
Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian
River County, Florida, that the Board applauds Lori's myriad accomplishments, expresses its appreciation
for 33 years of dedicated service to Indian River County, and extends heartfelt wishes for future success.
Adopted this 21st day of June, 2022.
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, C12irman
Proclamation
RECOGNIZING JULY, 2022, AS PARKS & RECREATION MONTH
AND JULY 15th AS PARKS & RECREATION PROFESSIONALS' DAY
-Whereas, in 1985, the U.S House of Representatives designated July as Parks and Recreation
Month, and this year we celebrate its 37th anniversary in the state of Florida and nationwide; and
-Whereas, County Parks and Conservation Areas are aesthetically pleasing, preserve the
ecological beauty of our community, improve water quality, protect groundwater, prevent flooding,
improve air quality, and provide open green spaces for people and valuable habitat for wildlife; and
"W ereas, Indian River County is fortunate to have many beautiful parks, playgrounds, ball
fields, golf courses, swimming facilities, nature trails, beaches, fairgrounds, campgrounds,
intergenerational recreational facilities, a shooting range, and open spaces, making our community a
more attractive and desirable place to live, work and play, and contributing to our economic vitality by
enhancing property values and attracting visitors and recreational events; and
-Whereas, the Board of County Commissioners values the essential services that parks and
recreation professionals and volunteers perform in delivering the vital recreational activities that build
a healthy, active community, aid in the prevention of chronic disease, and improve the mental and
emotional health of all our citizens.
Naw, Therefore, be it Proclaimed by the Board of County Commissioners of
Indian River County, Flork" that the Board recognizes July as Parks and Recreation Month
and July 15th as Parks and Recreation Professionals Day, and encourages all citizens to participate
in the diverse activities offered in Indian River County and to reflect on the exponential value our parks
and recreation professionals bring to this community.
Adopted this 21st day of June, 2022. BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Joseph H. Earman, Vice Chairman
Susan Adams
Joseph E. Flescher
Laura Moss
3
74
PROCLAMATION
HONORING LONN DAVID BENHAM ON HIS RETIREMENT FROM THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES FIRE RESCUE DIVISION
WHEREAS, Lonn Benham retires from the Indian River County Department of
Emergency Services Fire Rescue Division effective June 30, 2022; and
WHEREAS, Lonn was hired as a Firefighter on October 2, 1990 and obtained his EMT
certification the following month; and,
WHEREAS, Lonn achieved his Open Water Diver certification on September 27,
1991 and by March 8, 1996 was promoted to Driver/Engineer; and,
WHEREAS, Lonn earned his Paramedic designation on March 21, 2001 and was
promoted to Lieutenant on July 6, 2001; and,
WHEREAS, in 2013, Lonn rose to the status of Captain on May 10' and soon was
honored with the position of Battalion Chief on July 26, 2013 in which capacity he has
served until his retirement.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Lonn Benham's efforts on behalf of the County, and the Board wishes to
express their appreciation for the exemplary service he has given to Indian River
County for the last thirty-one years; and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and
staff extend their heartfelt wishes for success in his future endeavors!
Adopted this June 21, 2022.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
0
7
Informational Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 3, 2022
To: Jason E. Brown, County Administrator
From: Sean C. Lieske, Director of Utility Services
Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: SWDD Closures and Collection Service Changes for the 4th of July Holiday
In observance of the 4th of July Holiday, the Main County Landfill and the five Customer Convenience
Centers will be closed on Monday, July 4, 2022. In addition, there will be no residential curbside
services for recycling, garbage, or yard waste on that day. The chart below provides information
regarding collection services in unincorporated county and the municipalities. For more
information, residents may visit the Solid Waste Disposal District website at:
https://ircgov.com/recyclingandgarbage/.
Unincorporated IRC[::Zogernent
v�resr� a"sig yon�day.
will be serviced on Tuesday, lul;
City of Fe(lsmere
will be se-viced on Wednesday July
l continue though Saturday.
Ifstiori regaro+ing your service svheduie
o gement at 569-1776.
City of Sebastian
If you are a Monday customer, your garbage will
serviced on Wednesday, July 6th, and your yard wa
be serviced the following Monday, July 11th.
if you have questions regording your service schedule
please call Waste Management at 569-1776.
City of Vero Beach If you are a Monday customer, your garbage will be serviced
next scheduled service day (Thurs. July
if you have questions regarding your service schedule
please call the City of A Solid Waste Division at 978-53
Town of Orchid If you are a Monday customer your garbage will be serviced
next scheduled service day (Thurs. July 711,).
1 you have any questions regarding your service schedule, pb
the Waste Pro at 595-9390.
Indian River Shores if you are a Monday customer, your garbage will be serviced
next scheduled service day (Thurs. July T").
if you have questions regarding your service schedule
please call Republic Services at 562-6620.
SWDD Agenda - Page 1-5
Indian River County Venue Event Calendar
For more information go to www.ircgov.com - Event Calendar
Youth Flag Football Registration
May 2- Aug 12. Season Starts Sept. 17 -Nov. 5
• Ages 4-14. $45 per Child
➢ Make friends, stay active, have fun!
➢ Register by calling 772-226-1780
Intermediate Handgun Training Course
Jun 25 @ IRC Shooting Range • 10455 102nd Terrace • Sebastian
• 1 pm-5pm. Cost $150 per person.
➢ Sheepdog Security Consulting is holding an Intermediate Handgun Training Course at the IRC
Shooting Range. A concealed carry permit is required! People can register/ask questions by
emailing sheepdogvero@gmail.com.
Vero Beach Gun Show
Jun 25-26 @ IRC Fairgrounds • 7955 58`h Avenue
• SAT 9am-5pm and SUN 10am-4pm. Admission $8
➢ Buy, sell, and trade guns/related items.
Healthy Southern Cuisine with Chef Warren Caterson
Jun 28 @ Brackett Library • 6155 College Lane
• 6pm-7pm. Free Event!
➢ Retain the flavor while reducing the fat and salt! Learn how to transform traditional southern
dishes into healthier ones without losing their essence with these simple hints and tips. This
program is free and open to all. No registration is required.
Let's Get Cooking with Chef Warren Caterson! (Children's Program)
Jun 29 @ Brackett Library • 6155 College Lane
• 6pm-7pm. Free Event!
➢ Children ages five -ten years old will learn all about good nutrition, basic kitchen safety, and
easy cooking techniques. Everyone goes home with recipes that they can start making that
night! This is a free program and all are welcome! No registration is required.
Family Movie and Game Night
Jul 2 @ iG Center • 1590 91h Street SW (Oslo Road)
• 5:30-9 pm. Free Event!
➢ Come to the iG Center for a Family Movie and Game Night! Games start at 5:30pm and the
movie will begin at 6:30. There will be raffles, games, and a costume contest! Come dressed
as your favorite superhero!
Murder Mystery Dinner
Jul 21 @ IRC Main Library • 1600 21st Street
• 5:30-6:30 pm. Free Event!
➢ Be prepared to find out which guest is the killer, all while enjoying a delicious spaghetti
dinner. Teens only, grades 6-12. Face covering encouraged.
Meet Community Helpers!
Jul 21 @ North IRC Library • 1001 Sebastian Blvd • Sebastian
• 10:30-11:30 am. Free Event!
➢ Families are invited to attend and meet our local heroes from various community
organizations! Face covering are encouraged. Registration is not required.
Children's Special Guest: Environmental Learning Center
Jul 22 @ IRC Main Library • 1600 21st Street
• 10:30-11:30 am. Free Event!
➢ Learn all about the plant and animal life of the Indian River Lagoon and how you can help to
protect it.
Busch Wildlife Center Live Animal Show
Jul 29 @ IRC Main Library • 1600 21st Street
• 10:30-11:30 am. Free Event!
➢ Don't miss your chance to meet some of the wildlife in our own backyard! Face coverings are
encouraged. Registration is not required.
Ongoing Programs
Free Senior Wellness Program • Mon • Wed • Fri • Drop Ins Welcome
10am-12pm •@ iG Center • 1590 9th Street SW (Oslo Road)
➢ This FREE program is geared for 55+ Adults and introduces park -based activities that increases
social activity within the Senior Community of Indian River County.
Mat Pilates • Total Body Sculpting • Yoga Lates • Up -Beat Active Adult Boxing Class • Pickleball Open
Gym • Community Game Day • Gentle Yoga • Stretch & Flex • Coloring & Coffee
Call for more information 772-226-1780 or Go to ircgov.com/parksandrecreation for more info!
7
1
a a -�soo 117
FILED 6/9/2022
DOCUMENT NO. 03606-2022
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of revised standard DOCKET NO. 20220072 -EQ
offer contract and a revised accompanying rate ORDER NO. PSC -2022 -0203 -PAA -EQ
schedule QS -2, by Florida Power & Light ISSUED: Tune 9, 2022
Company.
The following Commissioners participated in the disposition of this matter:
ANDREW GILES FAY, Chairman
ART GRAHAM
GARY F. CLARK
MIKE LA ROSA
GABRIELLA PASSIDOMO
NOTICE OF PROPOSED AGENCY ACTION
ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S
AMENDED STANDARD OFFER CONTRACT AND RATE SCHEDULE
BY THE COMMISSION:
NOTICE is hereby given by the Florida Public Service Commission that the action
discussed herein is preliminary in nature and will become 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. Florida Public Service Commission (Commission) Rules 25-17.200
through 25-17.31.0, :F.A.C., implement the statute and require each IOU to file with the
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 (TYSP). On April 1, 2022, Florida Power & Light Company (FPL) filed a
petition for approval of its amended standard offer contract based on its 2022 TYSP. We have
jurisdiction over this amended standard offer contract pursuant to Sections 366.04 through
366.055, and 366.91, F.S.
Review and Decision
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
17-t
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 2
energy from renewable generating facilities (RF) and small qualifying facilities (QF) with design
capacities of 100 kilowatts (kW) or less. Pursuant to Rules 25-17.250(1) and (3), F.A.C., the
standard offer contract must provide a term of at least 10 years, and the payment terms must be
based on the utility's next avoidable fossil -fueled generating unit identified in its most recent
TYSP, or if no avoided unit is identified, its next avoidable planned purchase. While FPL's 2022
TYSP does not feature an avoidable fossil -fueled generating unit or planned purchases that could
be deferred during the planning period, FPL has identified a 1,991 megawatt (MW) combined
cycle with a projected in-service date of June 1, 2032 as the next avoidable planned generating
unit. FPL submitted two planning scenarios for its 2022 TYSP; and, the avoided unit is identical
in both scenarios.' We have previously approved using a unit outside of the TYSP planning
period as the avoided unit for standard offer contract purposes.2
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, 2032), and thereafter, begin receiving capacity payments in addition to firm
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
TPL's 2022 TYSP contains two scenarios, the Recommended scenario and the Business as Usual (BAU) scenario.
The Recommended scenario uses a novel methodology for forecasting winter peak demand based on potential
extreme winter weather events. The BAU scenario uses the same methodology as FPL's prior TYSPs for forecasting
winter peak demand. FPL also submitted alternative versions of each of these scenarios assuming the passage of
new federal tax credits for batteries and solar for informational purposes only.
'See Order No. PSC -2018 -0316 -PAA -EQ, issued June 20, 2018, in Docket No. 20180083 -EQ, In re: Petition for
approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company; Order No.
PSC -2020 -0212 -PAA -EQ, issued June 26, 2020, in Docket No. 20200114 -EQ, In re: Florida Power & Light
Company's Petition for Approval of a Renewable Energy Tariff and Standard Offer Contract; and Order No. PSC -
2020 -0213 -PAA -EQ, issued June 26, 2020, in Docket No. 20200115 -EQ, In re: Petition for approval of new
standard offer for purchase of firm capacity and energy from renewable energy facilities or small qualifying
facilities and rate schedule QS -2, by Gulf Power Company.
M11
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 3
the contract to qualify for full capacity payments. Normal and levelized capacity payments begin
with the projected in-service date of the avoided unit (June 1, 2032) and continue for 10 years,
while early and early levelized capacity payments begin four years prior to the in-service date, or
2028 for this example.
Table 1 Estimated Annual Payments to a 50 MW Renewable Facility
(94% Capacitv Factor)
Year
Energy
Payment
Capacity
Payment
Normal
Levelized Early
Early
Levelize I
$(0 0
$ 000
$ 000
$(000)
$ 000
2023
10,849
-
-
-
-
2024
8,776
-
-
-
-
2025
8,929
-
-
-
-
2026
9,196
-
-
-
-
2027
8,917
-
-
-
-
2028
9,389
-
-
1,211
1,358
2029
10,160
-
-
2,102
2,328
2030
10,595
-
-
2,146
2,328
2031
10,861
-
-
2,191
2,328
2032
10,409
2,064
2,243
2,237
2,328
2033
9,958
3,582
3,845
2,284
2,328
2034
10,230
3,657
3,845
2,332
2,328
2035
10,527
3,734
3,845
2,381
2,328
2036
10,854
3,812
3,845
2,431
2,328
2037
11,023
3,893
3,845
2,483
2,328
2038
11,271
3,975
3,845
2,535
2,328
2039
11,445
4,058
3,845
2,588
2,328
2040
11,675
4,144
3,845
2,643
2,328
2041
11,743
4,231
3,845
2,698
2,328
2042
11,842
1,778
1,602
1,134
970
Total
208,651
38,927
38,450
33,396
32,599
Total PV
103,307
13,382
13,382
13,382
13,382
Source: Response to Staff's First Data Request
FPL's standard offer contract, in type -and -strike format, is included as Attachment A to
this recommendation. The changes made to FPL's tariff sheets are consistent with the updated
avoided unit. Revisions include updates to calendar dates and payment information which reflect
the current economic and financial assumptions for the avoided unit. In addition, the language in
Section 15, Sheet No. 9.042, which addresses insurance, has been updated. The current language
requires insurance with a minimum limit of one million dollars per occurrence. The new
language requires that, in addition to the one million, the QF insurance shall have a two million
3Document No. 02718-2022, filed April 29, 2022, in Docket No. 20220072 -EQ.
"l-3
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 4
dollar combined aggregate limit for bodily injury or property damage. In response to our staff's
data request, FPL states that the proposed change aligns with current market conditions and is
similar to other utilities.4 For customer -owned net metering interconnections, Rule 25-
6.065(5)(e), F.A.C., allows for up to $2 million in liability insurance for Tier 3 (100 kW to 2
MW) installations. We find that the change to the language in Section 15 is reasonable and
consistent with other approved utility standard offer contracts and net metering standards.
The provisions of FPL's renewable energy tariff and amended standard offer contract
conform to the requirements of Rules 25-17.200 through 25-17.310, F.A.C. The amended
standard offer contract offers multiple payment options so that a developer of renewable
generation may select the payment stream best suited to its financial needs.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that the amended standard offer
contract and associated rate schedule QS -2 filed by Florida Power & Light Company 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, FPL's standard offer
contract may subsequently be revised. It is further
ORDERED that in the event this Order becomes final, this docket shall be closed.
4 Duke Energy Florida, LLC's standard offer contract increased liability insurance requirements to $5 million as of
2014. See Order PSC -2014 -0391 -PAA -EI, issued July 28, 2014, in Docket 20140065 -EI, in re: Petition for approval
of amended standard offer contract COG -2 by Duke Energy Florida, Inc.
q4
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 5
90
By ORDER of the Florida Public Service Commission this 9th day of June, 2022.
Florida Pliblic S6rvice Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
,,v-,-vw,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 VIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68. Florida Statutes, as well as the procedures and
time limits that apply. This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
As identified in the body of this order, our action 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, at 2540 Shumard Oak
Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 30, 2022. If such a
petition is filed, 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. In the absence of such a
petition, this order shall become effective and final upon the issuance of a Consummating Order.
Any objection or protest filed in this docket before the issuance date of this order is
considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.
Any party adversely of by the Commission's final action in this matter may request:
(1) reconsideration of the decision by filing a motion for reconsideration with the Office of
1-5
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 6
Commission Clerk, within fifteen (15) days of the issuance of this order in the form prescribed
by Rule 25-22.060, Florida Administrative Code; or (2) judicial review by the Florida Supreme
Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in
the case of a water or wastewater utility 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.
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 7
Attachment A
44m*k+"LWLgflJJRe,*+-ed Sheet No. 9.030
FLORIDA PONVER & UGUTCOMPANY Caticcist4ijft**ot4i-Fi"srteenth Revised Sheet No. 9,030
STANDARD OFFER CONTRACT FOR IM PURCHASEOF
cApixcrry AND ENERGY FRONT A RENENVABLE ENERGY FACILITY OR AQUALIFYING
FACILITY NVITII A DESIGN CAPACITY OF 100 KW OR LESSQQU.W4 AVOIDE D UNIT)
THIS STANDARD OFFER CONTRACT (thc'rontract") 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-owncr of a Renewable Energy Facility as defined in section 25-17.210 (1) F.A.C. or a
Qualifying Facility %vitha design capacity ol'100 KW or less as defined in section 25-17.250, and Florida Power&
Light Company ('hereinafter "FPUJ a corporation organized and existing under the laws of the State of Florida.
I'lie QS and FPL, shall be jointly identified herein as the '?artics". 'niis Contract contains five Appendices;
Appendix A.
� QS -2 Standard Rate for Purchase of Capacity and Lnt.Tgy-, Appen(RN 13, Flay for Performance
Provisions; Appendix C, Termination Fee; Appendix D, Detailed Project Information and Appendix E, contract
options to be selected by QS.
WITNESSETH:
NXIMIZEAS, the QS desires to sell and deliver, and FPL desires to purchase and receive, finn capacity and
energy to be generated by the QS consistent with the terms of this Contract, Section 366.91, Florida Statutes, and/or
Florida Public Service Commission ('FPS(7) Rules 25-17.082 through 25-17.091, F -AC. and FPSC Rules 25-
17.200 through 25.17.3 10X.A.C.
WHEREAS, the QS has signed an interconnection agreement with FPL (the "Interconnection
Agreement'), or it has entered into valid and enforceable interetinnectioton, nsmission service agroement(s) with
the utility (or those utilities) whose transmission facilities arc necessary for delivering the firm capacity and
energy to FPL (the "Wheeling Agreement(s)');
W`HERFAS, the FPSC has approved the form of this Standard Offer Contract for the Purchase of Finn
Capacity and Energy from a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100
KW or less; and
WTIEREAS, the Facility is capable of delivering firm 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 cos-t-rccovcry clause mechanism" administered
by the FPSC.
NOW, THEREFORE, for mutual consideration the Parties a" as follows:
(Continued on Sheet No. 9,03 1)
Issued by; Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Effective: July44444
q_�
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 8
Attachment A
Second Revised Sheet No. 9.031
FLORIDA PONVER & 11431ITCOMPANY Cancels First Revised Sheet No. 9.031
(Continued from Sheet No. 9.030)
QS Facility
The QS contemplates, installing operating and maintaining a
KVA enerati% facility located
at (hereinafter called the "Facility"). The Facility is designed to
produce a maximum of, kilowatts ("KW") of electric power at an 85% lagging to 85% leading power factor. The
Facility's location and generation capabilities are as described in the table below.
TE42MOLOGYAND GLNERATORCAPAMU-I'l ES
Location: Specific legal description (e.g., metes and bounds or other legal
description with street address required)
City:
County:
Generator Type (Induction or Synchronous)
Type of Facility (Hydrogen produced froin sources other than fossil fuels, hiomags
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 <100KNVcogencrator)
Technology
Fuel Type and Sourer
Generator Rating (KVA)
Maximum Capability(KW)
Minimum Load
Peaking Capability
Net Output (KW)
Power Factor(%)
Operating Voltage (kV)
Peak Internal Loadk-VV
The following sections (a) through (e) are applicable to Renewable Energy Facilities ("REFs'� and section (e) is only
applicable to Qualifying Facilities with a design capacity cf 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 Facility
to produce energy for sale to FPL during the term of this Contract shall be such sources as are defined in and
provided for pursuant to Sections 366.91(2) (a) and (b), Florida Statutes, and FPSC Rules 25-17.71((1) and (2)
FXC:; (ii) Fossil fuels -shall be limited to the minimum quantities necessary for start-up, shut -down and for
operating stability at minimum load', and (iii) the REF is capable of generating the amount of capacity pursuant to
Section 5 of this Agreement without the use of fossil fuels,
(b) The Parties agree and acknowledge that if the Q8 is a REF, the QS will not charge for, and FPL shall have no
obligation to pay for, any electrical energy produced by the Facility from a source of fuel or power except as
specifically provided for in paragraph i(a) above,
(Continued on Sheet No, 9.032)
Effective: July 13, 2017
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 9
FLORIDA IX)%NFr11 & [,I(' 31T CONIPAW
Attachment A
@P4A6,aL%jl_it.UUj1kRe vise dl,'Ajeet No. 9.032
Cancels ViAot-nit, SixtetnthRevised Sheet No. 9.032
(Continued from Sheet No. 4.031)
(c) If tile QS is a REP. dig Q$ shall, on anututual basis; and within tarty (30)days after the arativersarydate of this Contract
mid man annual basis thereafter for the term of this Contract, deliver to FPL a report certified by an officer of the QS:
(i) stating the type and amount of each sourre of fitel Of power used by the QS to produce energy during the twelve-
month period prior to the anniversary date (,the 'Cmtrad Year"); and (ii) verifying that me hill) died percent
(100%) of all energy sold by the QS to FPL during the Contract Year complies with Sections I(a) and (b) of this
Contract.
(d) If the QS is a REF, the Q$ represents and warrants that tile Facility meets Ole mliewable energy requirements of Section
3601(2)(a) mid (b), Florida Statutes, and FPSC Rules 25-11210(l) and (2)-, F.A.C,, and that the QS Awl continue
to neer such requirements dirouglout the teen of this Contract. FpI, shall have the right at all finics to inspect the
Facility and to "ani ne any books, records, or other documents of the QS that FIRL deems necessary to verity that die
Facility meets such requirements,
(e) The Facility (J) has been certified or has self-calified as a "qualifying facility" Imrsuairt to ilia RLWilations of the
Federal Energy Regulatory Comnlission ("FERC" or (it) ties been certified by the F11SC as a "qualifymg facility.'
pursuant to Rule 25-17,090(t), A QS that is a qualilying facility with a design. capacity of less flum 100 KW shall
maintain tile "qualifying status" of the Facility throughout the term of this Cotitraci. FPL shill have the right at all tubes
to inspect the Facility mid to vullime any books mid records or other docunients of die Facility dial FPL deems
necessary to verily the Facility's qualifying swm& on or before March 31 of each year during the term of (his Contract,
the Q8 sliall provide to FPL a certificate signed by an officer of the QS certifying Ozal the Facility has continuously
maintained qualifying status.
Term ofContract
Except as with crwisc provided herein, Us Contract AWI become effective inutiodiatcly upon its execution by the Parties (the
"Effective Date") and 4*11 have the termination date stated in Appetulix E, artless terivinuted earlier in accordance with the provisions
hereof, Notwidiaten(fing die fbregoulg, if dig Capacity Wivcty We (as defined in Section 3,5) of the Facility is not accwnplistu tl by the
in-service dale ofthe avoided unit, or such later date as maybe permitted by FPL pursuant to Section 5 of this Contract, FPL will be
ponitiftcd1to twnuxudc Uzis Ggriirarr 4 consistena with the torahs herein withoul: further obligations, duties or liability to the QS.
Nihilmum specincations
Fottowu* are the mirlimain specifications pertakrang to this Contract:
The avoided unit ("Avoided tlnifj options on which this Contract is based are detailed in Appendix A.
This offer shall expire on A" 1, "94U.
3. The date by which firtu capacity and energy deliveries from the QS to FPL shall continence is tile in-service date of tie
Avoided Unit (or such later date as nary be perruittud by FPL pursuant to Section 5 of Us contrut) unless flit QS clvx+scs a capacity
payment option that provides for early capacity paynnents pzirszernt to Sze terms of this G oirtract.
4. The period of little over which firm capacity and energy shall Ile delivered from the QS to FPL is as Vacified in
AppendiN E; provided, such period shall be no less flum a minimum often (10) years after the in-service date of the Avoided Unit.
5. The following are tile minimum perfomiance standards for the delivery of firm capacity and energy by the QS to quality
for full capacity payments under this Corgract
On peak. All Hours
Availability 940% 94,0%
* QS Po formance and On Peak hours shall be as measured andior described in FPL's Rate Schedule QS -2 attached hereto as Al)lxmdixA
Issued by: Tiffany Colicn,
Efftctivc: Jitty-S—,UQ4
(Continued mSheet No. 4.032.1)
Cost of.Scmicc and Systems
�._ q
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 10
FLORMA POW ER& LIGHT COMPANY
(Continued from Sheet No. 9,032)
3.2 QS, at no cost to FPL. shall be responsible to:
Attachment A
First Revised Sheet Na 9.032.1
Cancels Original Sheer No. 9.032.1
3.2.1 Design, construct, and maintain the Facility in accordance with this Contract, applicable law, regulatory, and
govviturictral approvals, any roquiratimits of warranty agreements or snuilar ogreoments, prudent in"ttypractice,
insurance policies, and die or VAteeling Agreeinent
31.2 Perform all studies, pay all fees, obtain all necessary approvals and execute all necessary agreements (inchWini;
the interconnection Agivarrientorthe Wheeling Agreenient(s)) in (odor toschedulcand deliver the finn capacityand
energy to FPL.
1.2.3 Obtain and maintain ad permits, Lem fications, licenses, consents or approvals of ally gmemmental or regulatory
autliority necessary for Ott construction, operation, and maintenance of the Facility (the -Permits). QS shall keep FPL
reasonably informed as to the status of its penintfirig eltorts and shall pforriptly inform FPL of airy Permits it is unable to
obtain, that are delayed, limited, suspended, tenninated, or otherwise constrained in a way that could unlit, reduce,
interfere with, or preclude QS's ability to perform its obligations under des Contract (including a statement ofwhether and
to what wdent this circumstance may limit or preclude QS's ability to p"Ibmi under this Contract')
12A Denionstraleto FPL's reasonable satisfaction that QS has established Site Control, an agreement for Ole
ownership or lease of the Facility's site, for the Tam of the Contract.
3,2.5 Complete all enviromnental impact studies ind comply with applicable environmental laws necessary for the
construction, operation, and maintenance of the Facility.
3.2,6 At M.'s request, provide to FPI, electrical specifications mid design drawings pertaining to the Facility
for FPL's review prior to finalizing design of the Facility and before beginning construction work based on such
spteifimfiorr; and drawings, provided FPL's review of sueh specifications and design shall not be construed as endorsing
the specification, and design thereof, or as any express or implied warranties including Wfonnanex, safiety, durability or
reliability of die Facility. QS shall provide to FPL reasonable advance notice of any changes in the Facility and provide to
FPL specifications mid design drawings ofany such changes,
12,7 Within fifteen (15) days after die close of each month from the first month following the Effective Date until the
Capacity Delivery Date, provide to FPL a monthly progress report (in a form reasonably satisfactory to FPL) and agree to
regularly scheduled meetings between representatives of QS and FPL to review such monflily rcons and discuss QS's
construction progress, Die Monthly Progress Report shall indicate whether QS is on target to meet the Capacity Delivery
Date, If, for any reason, FPL has reason to believe that QS may fail to achieve the Capacity Delivery Date, then, upon
FPL's request, QS shall submit to FPL, within tan (10) business days of stick request, a remedial action plan (-Rerrierlial
Action Plan) drat sets forth a detWcddcsai Ption OfQs,s proposed count of action to promptly achieve the Capacity
Delivery Date. Delivery ofa Remedial Action Plan does not relieve QS of its obligation to meet the Capacity Delivery
Date.
3,3 FPL shall have die right, bul not the obligation, to:
33.1 Inspect during business hours upon reasonable notice, or obtain copies of all Pennits held by QS,
33,2 Consistent with Section 3.2.6. notify Q$ in writing orthe results ofthe review within thirty (30) days of FPL's
receipt of all specificatiom for the Facility, including a description of any flaws perceived by FPL in the design,
33.3 Inspect the Facility's constniction site cc on-�sitc QS data and information pertaining to the racifityriming
business hours upon reasonable notice.
(C,onfirmcd on Shect No. 9.033)
Issued by: 4S. E. Romig, Director, Rates and Tariffs
Effective: September 13, 2016
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 11
(Continued it= Shed No. 9.032. 1 )
Sale of Energy and Capacity by the OS
Attachment A
Tenth Re, wed Meet No. 9.033
Ninth Street .No. 9.033
4.1 Consistent with the tents Item& the QS shall sell and deliver to FPL and FPL shall purchase arid receive from the QS at the Delivery
Point (defined below) all of the energy and firm capacity generated by the Facility. FPL shall have the sole and exclusive right to Purchase
all energy and capacity produced by the Facility. The purchase and sale of energy and firm capacity pursuant to this Contract shall be a ( )
net Ming arrangement or ( ) simultaneous purchase and sale arrangement; provided, however, that no such arrangement shall cause the QS
to sell more energy ad finut capacity dun the Facility's net output. The billing methodology may be Changed at the option of the QS,
subject to the provisions of FPI, Rate Schedule QS -2. rot purpose -5 of this Contract, Delivery Point shall be defined as either (4) the point
of interconnection between FPL's system and die tranunission system of the final utility transtuitting energy Mid 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 HIL's transmission system, as sliccifically described in the Interconnection Agrecructut.
4.2 The QS shall not rely on interruptible standby service for the startup requirements (initial or othenvise) Of the Facility,
43'rhe QS shall be mpousible for all costs, charges mid penalties associated with development mul operation of the Facility.
4.4 The Q$ shall be responsible for all interconnection, electric losses, InutsinisMon and ancillary service arrangements and costs
required to deliver, on a firm basis, the flini capacity mid atergy frm the Facility to the DeliveTyPoint.
Comanitted Capatetty/Capachy Delivery Dole
5.1 The QS corrunits to sell and deliver firm capacity to FPL at the Delivery Point, the amount ofiviach shall be detemined in
accordance with this Section 5 (the "Committed Capacity). Subject to Section 5.3 the Couirnfitted Capacity shall be-
KW, delivery date no later than the in-service date of the Avoided Unit or is otherwise specified in Appendix F (the'rjimranteed
Capacity Delivery Date-).
51 Testing of the Capacity of the Facility (each such test, a "Cominitted Capacity Test') shall be performed in accordance with the
procedures get forth in Section 6. The Dationstration Period (deffised herein) for the first Committed Capacity Test shall Commence no
Mile[ thart six (6) 111olths prior to the Capacity Delivery Date and testing must be completed by 11.59 p,in EST on the date prior
to the Guaranteed Delivery Mie, The first (Avratritted Capacity Test shall be deemed sucovssfidly couipleted when the QS, demonstrates to
FPL's satisfaction that the Facility can snake available capacity of at least one hundred percent (I 000%) or the Committed Capacity set forth
in Section 5.1. Subject to Section d.t, the QS may schedule and perroun up to dwee (3) Cortunitted Capacity Tests to satisfy the
capacity requh,ements or the Contract
53 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 ribains of subsequent Corntuitted Capacity Tests as follows: (a) once per each Sturtater period mid
once per each Winter period at FPL's sole discretion,(b) at any time 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 tune the QS
fails in three consecutive months to achieve an Annual Capacity Billing Factor, as defined in Appendix B (the "ACOF), equal to or greater
Duan 70%. `!lie results of arty 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 onfil the completion of subsequent Committed Capacity Test, the Committed Capacity shall
be deemed as the lower ofthe tested Capacity or the Contruitted Capacity asset forth in Section 5.1,
5A Notwithstanding anything to the couttary herein, tilt Colurnitled Capacity shall not exxeed did antount set forth in. Section M without the.
prior written Consent of FPL, such ccatsent not unreasonably withheld -
5.5 The -Capacity Delivery Date" shall be defined as the first calendar day immediately after the date following the last to occur of (a) the
Facility's socecssf4l completion of the first Cominitted capacity 'rest but no earlier omit the commiencone"t date for deliveries Of firm
Capacity aril energy (as such is specified in Appendix 13) and (b) the satisfaction by QS of the following Delivery Date Conditions (defined
below),
(Continued on Sheot14o.9,033,1)
Issued by; Tillany Cohen, Senior Director, RuguLator.i Ratan, Cost of'Service and systems
Effective- January 1, 2022
07 4 1
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 12
FLORIDA PONVFR & LIGHT COMPANY
(Continue from Sheet No. 9.033)
Attachment A
Original Sheet No. 9.033.1
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 tern s 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 FPI, in all
respects) stating that QS has obtained or entered unto all permits and agreements with respect to the Facility
necessary for construction, ownership, operation, and maintenance of the Facility (the "Required Agreements' j. 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 received the Completion/Performance Security ((a) through (e), the "Commercial Operation
Conditions").
FPL shall have ten (10) Business Days after receipt either to confirm 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 makMeany
capacity payments under this Contract and FPL will be permitted to terminate this Contract, consistent w iththe
terms herein, without further obligations, duties or liability to the QS.
(Continue on Sheet No. 9,034)
Issued by. Wtaar Cohen, Director, Rates and 'tariffs
Effective: dune 5, 2018
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 13
Attachment A
Third Wvised Sheet No. 9.034
FI>ORif)A POAWR & LIGHT COMPANY Cancels Second Revised Sheet Nlo. 9.034
(Continued frwn Sheet No. 9.033)
Testing Procedures
6.1 The C,rnnmitted Capacity Test mins, be completed success€idly within a sixty -hour pwtied (ilia " f)ert on tratkon Peri<xl'), which
period, including the approximate start time of the C: ommined Capacity Test, shall be selected and scheduled by the Qfi IV means of a written
notice to FPL delivered at least thirty (30,) days prior to lite start of such period. The provisions of the forcgoing sentence shill not apply to
any Committed Capacity Test required by FPL under any of die provisions of this Contract. FPL stall have Ude right to be present cuhsite to
monitor airy Contained CapacityTest required or pernutted under thisCoatnict.
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 die Facility can operate without exceeding the design operating
conditions, temperature, pressures, and other parameters deft by the applicable manufacturdr(s) for steady state operations at the Facility.
If the QS is a REP Ute Committed Capacity `fest shall be conducted utilidng as the sole fuel somo a fuels or energy sources included in the
definition in Section 366.q I, Florida Statutes. The Committed Capacity Test Period shall commence at the time designated by the QS
pirstatt to Section 6.1 or at such other time requested by FPL pursuant to Section 4.3; provided, however, that the Conuiiitted Capacity Test
Period tray commence earlier than such time in the event that FPL is notified of, and consents to, such earlier time.
6.3 For die avoidance of doubt, nortual station service use of unit attxiliaries, including, without limitation. cooling towers, heat
exchangers, and other equipment required by law, shall be in service dating the Committed Capacity Test Period Further, the QS siiall af€ect
deliveries of any quantity and quality ofcontracted oogeramited steam to the steam host during the Commitled Capacity Test Period.
6.4 The capacity of the Facility shall be the average net capacity (generator output minus stodliary) measured over the Committed
Capacity Test Period.
6.5 The Committed CapacityTe-u shall be performed according to prudent industry totig procedures satisfactory to FPI. for the
appropriate teclutology of die QS.
6.6 [ xcept as otherwise provided herein, results of any Committed Capacity Test shall be submitted to FPI. by the Qfi withinseven
(7) days of die conclusion of de Coummilled CapacityTest.
Payment for Electricity= Produced by the Facility
7,1 Energy
FPL agrees to pay the QS for energy produced by the Facility acid delivered to than Uelivety Point in accordance with the rates alit
procedures c+mtained in FPL's approved state Schedule QS -2, attacW hereto as Appendix A, as it may be amended from time to
time and pursuant to the election of energy Payment options as specified in Appendix E. The Parties agree that this Contract shall be
subject to all of tie provisions contained in Pale Scliedu1e QS -2 as approved and on file tvith the PPSC.
7.2 Firm Capacity
FPL agrees to pay the QS fdr the firm capacity described in Section 5 in accordance with tie rates and procedures contained in
Pate Schedule QS -2, attached hateto as Appendix A, as it nay ire atien&d and approvmI from trine to time by the FPSC, acid laustmrn
to the election of a capacity payment option as specified in appendix E. The QS understands and agrees that capacity payments will
be made under the early capacity payment options only if the CSS has achieved the Capacity Delivery hate and is delivering firm
capacity and energy to FPL. Once elected by the QS, the capacity payment option cannot be 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 billing period A
statement of the kilowatt -hoes sold by the QS and the applicable avoided energy rate at which payments are being made shall
accompanythe payment to the QS.
(Continued on Sheet No. 9.035)
Issued by: Tiffany Cohen, Director, Rates and Tariffs
Effective: June 9, 2020
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 14
Attachment A
Second Revised Sheet No. 9.035
FUORTDA POWER & LIGHT CONTPANV Cancels First Sheet No. 9.035
(Oxibnaed from Sheet No. 9.034)
a. Electricity Production and Plant Maintenance Schedule
8.1 Dining ate lenn of this Contract no later thain sixty (60) days prior 0 die Capacity Delivery Date mid prior to April I of each
calendar your thereafter, the QS shall subtrit to FPL in writing a detailed plan of (a) the amount oflitut capacity mid energy to be generated
by the Facility mid delivered to the Delivery Point for each month of Ane following calendar year. and (b) the time, duration and nagnitude of
any scheduled inaintenaince period(s) told any anticipated reductions in capacity,
82 By October 31 of each calendar year, FPL shall nod fy the QS in writing whether the requested scheduled Trillintalance Periods
in the detailed plan are acceptable. If FPL objects to any of the requested scheduled maintenance periods, FPL " advise the Q8 of the time
period closest to the requested petior(s) when the outage(s) can be scheduled. The QS shall schedule maintenance outages only dining
periods approved by FPL, such approval not unreasonably withlied. On" 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
apptoval for such change from (tit Other Party, suety approval not to be unitasormbly withheld or delaye& Scheduhid maintenance outage
days shall be limited to seven (7) days M calendar year unless the trantithetwer's recommendation of maintenance outage days for the
technology and equipment used by the Facility exceeds such ;day period, provided, such number of clays is considered reasixtable by prudent
industry standards and does not exceed two (2) fiNtileen (14) day intervals, one in the Spring and one in the Fall, in any calendar year.
The sciledloed maintenanee outage days appheable for the QS am_ days in the Spring mid days in the Fall of each calendar
year, provided the conditions specified in the previous sentence are satisfied. in no event shall maintenance periods be scheduled during the
following periods: June I through and including October 3 is( and December I through arxi including February 28 (or 29'h as the ease , may
be),
8.3 The QS shall comply with reasonable requests by FPL regarding day-to-day and hour-by-liour communication between the
Parties relative to electricity production and maintenance scheduling.
8A Dispatch and Control
8.41 The power supplied by the QS hereunder sliall be in the form of three-phase 60 Hertz alternating current, at a nominal
oivr.iting voltage of 000 volts (-kV) and power factor diVatchable and controllable in the range of 85% logging to
S 1
51 o leading as mcasaired at the Delivery Point to maintain system operating paiwacters, as specified by FPL
8.4.2At all times during the term orf this Contract, the QS shad operate and maintain die Facility: (a) in such a warm as to ensure
compliance with its obligations hereunder, in accordance with prudent engineering and operating practices and applicable law, and (b) with
all system protective equipment in service whenever the Facility is connected to, or is operated in parallel with, FPL's system, The QS shall
install at the Facility those system protection and control devices necessary to ensure safe and protected opermion of all energized equipment
dining tionnal testing and repair, The QS shall have qualified paxonlict test and calibrate all protective equipment at regular intervals in
accordance with good engineering will Operating practices, A unit ftinctional trip test shall be performed after each overhaul of the Facility's
turbine, generator or bailers and the results shall be prowidled to FPL prior to returning the Facility to service. The specifics of the unit
ftinctional trip test will be emsistent with gaud citgnicaring and operating practices.
8,43 If The Facility is separated frim the FPL system for any reason, under no circumstalwesshall the QS reconnect the Facility
into FPL*s system without first obtainnig RL'slitior written approval.
8.4.4 During the tenn of this Contract, the QS shill employ qualified persmiel for managing, operating and maintaining the
Facility and for coordinating such with FPL- If the facility has a Committed Capacity greater than 10 MW dim the QS " ensure that
Operating pemnutel are on duty at all times, twenty-four (24) hours a calcudar day and seven (7) calendar days a week. Ifthe Facility has a
Committed Capacity equal to or less than 10 MW then the QS shall ensure that operating personnel are on dilly at least eight (8) hours M
day from 8 AM EST to 5 Phi EST from Monday to Friday, with an Operator on call at all other hours,
8.4.5FPL shall at all times be excused tion its obligation to parchase mid receive energy arid capacity hereunder, and FPL shall
have the ability to require the QS to curtail or reduce deliveries of energy, to the went. necessary (a) to maintain the reliability and integrity
orally, pan of FPL's system, (b) in the event flim FPL deterrinnesthat a failure to do so is likely to endanger life or property, or (c) is likelyto
result in significant disruption ofelectric service to FPL's customers- FPI. shall give the QS prior notice, irpracticable, of its intent to refuse,
curtail Or reduce FPT,'s acceptance orenergY and finn capacity pussumil to this Section and will ad to minimize lite fluluency and duration
of such occurrencc&
(Coritinvied on Sheet No,9.036)
ISSUM Dy: S.P- KOM 19,1J1rCC1OrKa1CSUlld jurnis
Effective: %tpirtaller 13,2016
-7-4
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 15
FUORHM POWER & ]LIGHTC;OMPANi'
(Continual from Sheet No, 9,035)
Attachment A
Third Revised Sheet No. 9.035
Cancels Second Sheet No. 9,036
8.4.6After providing notice to the QS, FPL shall not be required to pnuchase or receive energy from the QS during; any period in
which, date to operational circumstances, the purchase or receipt of such energy would result in FPL's incurring costs greater tan those
which it would incur it it did not make such purchases. An example of such an occurrence would be a period during which the load being
served is such that the generating tants on line are base load units operating at their minimum cottimtous ratings auul the purchase of
additional energy would require taking a base load unit oft" the line and replacing the retmirdng load served by that unit with pealtmg-type
generatiom FPL shall give the QS as much prior notice as practicable of its indent not to purchase or receive energy and firm capacity
pursuant to this Section.
8.43Ifthe Facility has a Cermnitted Capacity less than 75 MW, control, scheduling anddispatchof faro capacity and energy sbuaii
be the respousibAtty of the QS. if the Facility has a Conunitted Capacity greater than or equal to 75 MW, then control, scheduling acid
dispatch of firm capacity and enemy stall be the responsittihty of the QS, except during, a "Di%petch Hots'", ie„ any clock hour for which
PPL requests the delivery of such capacity and energy. Luring any Dispatch Iiour: (a) control of the Facility will either be by Seller's
manual control wider the directicar of PPL (whether dally or in writing) or by Automatic Generation Control by F PL's system control center
as determined by FPL, and (b) PPI, may request that the teal power output be at any level up to the Committed Capacity of the Facility,
provided, in no event shed FPL require the real power output of the Facility to be below the Facility's Mirurnum Load without deconunitting
the Facility, The Facility shrill deliver the capacity and energy requested by FPL within minutes, takirvt into account the operating
limitations of the generating equipment as specified by the manufacturer, provided such time period specified herein is considered reasonable
by pntdent indwary standards for the technology and equipment tieing utilized and asmrWrig the Facility is opetating at or above its
Minimum Load. Start-up fine frorn Cold Shutdown and Facility Turnaround time fon Hot to Hot will be taken into consideration provided
such are reasonable and consistent with pendent industry practices for the technology mid equipment beirg utilized, The Facility's Operating
Characteristics have been provided by lie QS and are set forth in Appendix U, Section IV of Irate Schedule QS -2.
8.4.81f the Facility has a Conuuitted Capacity of less than 75 MW, FPL may require during certain periods, by oral, written, or
electronic notification that the QS cruse the Facility to reduce output to a level below the Committed Capuity bud not lower than the
Facility's Minimum Load FPL shall provide as much notice as practicable, nonnally such notice will be of at least four (4) hours, The
frequency of such request shall not exceed eighteen (15) limas per calendar year and the duration of each request shall not exeWA four (4 )
hour's.
21.4.9FPL's exercise of its rights under this Section 9 shall not give rise to any liability or payment obligation on the pari of FPL,
including any claim for breach of eantract or for breach of any eovowd of good faith and fair dealing.
Compk4ton/Perforw ancv Security
The security contemplated by this Section 9 constitutes security ror, butt is not a limitation ot; QS's obligations hereunder and shall
not be FPL's exclusive remedy for QS's failtwe to perform in accordance with this Agreement.
9.1 As security for the achievement of the Guaranteed Capacity Delivery hate and safisfactomy peti'or ance of its obligations
hereunder, the QS small provide FPL either: (a) an uncotdifi cnal, irrevocable, standby It" of ctedit(s) with an expiration date no earlier
than due enol of the first (est) anniversary of the Capocity Delivery Date (ter the neat business day thereafter), issued by a U.S. commercial
bandy or the U. S. branch of a fcrcign bank having a Credit Rating of A- or higher by S&Por A3 cr higher by hloody's (a "Qu>alified issuer'),
in form and substance acceptable to FPL (including provisions (i) permitting partial and full draws and (ii) permitting FPI, to draw in full if
such tetter of credit is not renewed or replaced as required by the terms hercof at least thirty (30) bttsint~ss days prior to its expiration date)
("Letter of Credit"); (fir) a bond, issued by a financially sound Qxupany acceptable to FPL and. in a form acid substance acceptable to FPi„
("Bondi'), or (c) a cash collateral deposited with FPL ("Cash Collateral") (any of (a), (b), or (c), the "Completion (Performance Security').
ComplctiomdPerfcrmance Security shall be provided in the amount acrd by the date listed below;
(a) $50,00 per kW (for the nunilvt of kW of Coram itted Capacity set forth fit Section 5.1) to be delivered to FPL within five (5)
hwitness days of the )effective Date; and
(b) $100,00 per kW (for the number of kW of Committed Capacity set forth in Section 5A) to be delivered to FPL two years
before the Guaranteed Capacity Delivery mate,
"Credit Ratinzr" means with respect to any entity, on any date: ofdatermination, tie respective ratings tort assigned to sueh entity's
unsecured, senior long-term debt or deposit ctblisalions (not supported by third party credit mthancement) by SRP, Mo My's or other specified
rating agency or agencies or if such entity does not have a rating far its unsecured, senior long -tan debt or deposit obligations then the
rating assigned to such entity as its "corporate credit ratintg" by SRP,
(Cmfin ed in SbeetNo. 9,037)
tsstneen Dy: t Many Cohvn, thrector, Kates and f OR.%
1s'tlectivc: June 5, 2015
I ,K
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 16
Attachment A
Ninth ReNised Sheet No. 9.037
F'LORMA PONATIR & LIGHT COMPANY Cancels Eighth Revised Shret No. 9.037
(Continued from Shed No. 9.036)
"Moody"mearis Moody's hivestom Service, Inc, or its successor.
"S&P" means Standard. Poufs Ratings Group(a division ofThe McGraw -[till Companies, Inc) or itssuccessor,
9.2 The specific security instrument provided for purposes of this Contractis:
Letter of Credit
O Bon&
Cash collateral.
9.3 FPL shall have the right to intinitor (a) the furial coed nion of die issuer of a Letter of Credit in die event any Letter of
Credit is provided by the QS, said (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, FPL may require the QS to replace the Letter ofCredit or the Bond, as
applicalak Such replacement Letter ofCredit or bond must be issued by a Qualified I.,wier (.it a financially sound issues, as applicable, within
ten (10) business days following written notification to the QS of the icquircrucrit to iclAaw, Failure by the QS to courply with the
requirements of this Section 9.3 "1 be grounds for FPL to draw in ftill on the exiAng Letter of Credit or bond and to ewei-d- any other
remedies it nay have hereunder.
9,4 Notwilhitanding the toregonis provisions or this Section 9, pursuant to FPSC Role 25-17,091(d), 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 form reasonably acceptable to FPL, by the local government which owns the Facility or on whose behairibe Qs orates
the Facility; to secure its obligation to achieve on a timely basis the Capacity Delivery Date and the satisfactory peiforniance of its
obligations hereunder,
9.5 FPL shall be entitled to draw the CompledowTerformance Security to satisfy any obligation or liability of QS arising
pur.scart to this Contract,
9.5.1 If the QS falls to achieve die Capacity Delivery Date on or befd idle in-service date or the Avoided Unit or such later
date as permitted by FPL pursuant to Section 5,6, FPL shall be entitled irrawdiately to receive, draw upon, or rctian, as the case may be, one.
hundred (l00%) of the Complegoul Performance Security as liquidated dainages. fircia from airy claim or right of arty nature whatsoever of the
QS, including any equity or right of redemption by the QS. The Parties acknowledge that the injury that FPL will suffer as a result ot'delayed
availability of Committed Capacity and energy is difficult to ascertain and that FPL may accept such sum as liquidated damagos; and resort
to any other remedies which may be available to it under law or in equity.
9.51 In the event that FPL requires the Q8 to perforin one or more Comniihed Capacity Test(i) at anytime on or before the
first anniversary of the Capacity Delivery Date pursuant to Section 5.3 and„ in connection with any such Committed Capacity Test(s). the QS
fails to demonstrate a Capacity of at least one -hundred percent (100%) of the Corritnitted Capacity set fath in Section 5. 1, FPL shall be
entitled iminediately to receive, draw kilmn, or retain, as the case may be, (ine-hundred percent (100%) of flit: Courplebow'Perromiance
Security as liquidated damages free firoul any Chinn or right of any nature whatsoever of the QS, including any equity cc tight of redemption
by the QS.
9.5.3 QS shall promptly, but in no event more than five (5) business days following any draws on the CQUIpletiOn/Performance
Security, replenish the Coniplettowperforniance Security to the amounts required herein,
9.6 The QS, as the Pledgor of the CompletionlPerlormanco Security, hereby pledges to FPL, as die secured Party, as security
for the achievement ofthe Capacity Delivery Date and satisfactory performance of its otiligations, hereunder, and grams to FPL a first priority
contioubig security interest in, lien on and right of set-off against all Canpletion/Perfortuance security transfeued to or received by FPL
hereunder. Upon the transfer or return by FPL to Its: QS of Completion/Perlbrmancc Security, the security interest and lien granted
hereuntlef an that Completionflierfortnance Security will be released immediately and, to the extent possible, without airy fluilber action by
either party,
(Confinuedon Sheet No. 9.039)
Issin'UM: I I I I a 11V it -one n, jwector, Rates and -l'arills
Ilthcrtitc .lune §, 2018
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 17
Attachment A
First Revised Sheet No. 9.038
FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.038
FbyFP(Continued from Sbeet No. 9.037)
L
In lieu of airy interest, dividends or other amounts paid or deemed to have been paid with respect to Cash Collateral held
which maybe retained by FPL), FPL, will. transfer to Ute QS on a.monUtlybasis the Interest Amount as calculated by FPL.
rest Amount" means, with respectto each monthlyperiod, the aggregate sum ofthe amounts ofinterest calculated for each day
t monthly period on the principal amount ofCash Collateral held by FPL on that day, deterrruned by FPL for each such day as
ws:
(x) ) the amount of that Cash Collateral on that day; multiplied by
(y) ) the Interest Rate in effect for that day; divided
by (z) 360.
"Interest state" means: the Federal Furors Overnight rate us from time to time in effect.
"Federal Funds Overnight Rate" means, for the relevant dateratmation date, the rate opposite the caption "Federal Funds
(Etfccfive)" els set forth for that day in the weekly statistical release designated as 11.15 (519), or any successor publicatimi,
published by the Bound of 0ovemcws ofthe Federal Reserve System, ]foil the dewrininatio n date such rate is not yet prbliAw in
11.15 (519), the rate for that date will be the rate set in Composite 3:30 P,lvf. Qsiotatiorrs for U,S. Ckwernmem Securities fbr that
day raider the caption "Federal FiauistBifective Rate." If on the determination date such rate is not yet punished in either H.15
(519) or Composite 3:30 RM. Quotations for U.S, Government Securities, the rate for that date wr11 be detemrined as if the Parties
had specified "USD -Federal Funds -Reference healers" as the applicablerate,
10, Termination > ee
10A In the +:veart that the QS raceivea capacity hrnynrents purstaant to Option B, Option C, Option IJ or Option B (as such
options are defined in Appendix A and elected by the QS in Appendix E) to receives energy payments pursuant to the Fixed Firm Energy
Payment Option (as such option is defined in Appendix A and elected by the QS in Appendix E) then, upon the termination ofthis tact,
the QS shall owe and be liable to FPL for a termination The calculated in accordance with Appendix C (the 'Terrranatiot Fuv"), The QS's
obligation to pray the Termination Fee shall survive the terrrunation of this Contract. FPI.. shad provide the QS, ori a nrontfriy basis; a
calculaticn ofthe Tcrnrirtation Fee.
10.1.1 Die Termination Fee shall be secured (with the exception of govermuenGil solid waste facilities covered by FPSC Rule
25.17.091 in which case the QS may use an unsecured written commitment or promise to pay, in a form reasonably acceptable to FPL, by the
local government %,Well owns the Facility or to whose behalf the QS operates the Facility, to secure its obligation to pay the Temmiation
Fee) by the QS by: (a) an unconditional, irrevocable, standby letter(s) of credit issued by Qualified Issuer in form and substance acceptable to
FPL (including provisions (a) permitting partial and full draws and (b) pcmutting FPL to draw upon such letter of credit, in full, if such letter
of credit is not renewed or replaced at least thirty (30) businez days prior to its expiration date, ('Tenninatioo Fee Letter of Credit"); (b) a
bcatd, issucd by a frnnwicially sound Coampatry and in a form acid substance acceptable to FPL, (Tcmunation Fee Bond); or (c) a caalh
collateral deposit with FPL (`Termination Fee Cash Collateral') (any of (a ), (b), or (e), the "Termination Security"),
10.1.211w specific security instnnnertt selected by the QS for purposes of this Contract is<
)Termination Fee Letter of Credit
{ )
Termination Fee Bond
( ) Temunation Fee CashCoilateral
10.1:3 FPL shall have the right to monitor the financial condition of (j) the issuer of a Termination Fee Letter of Crept in ttte
case of any Termination Fee Letter of Credit and (ii) the insurer(s), in Use cast of any Termination Fee Beard. In the event the issuer of a
Termination Fee latter df"Credit is no longer a Qualified Issuer or the i-wer of a Termination Fee Bond is no longer finatici ally sound, FPL
may require the QS to replace the Termination Fee Letter of Credal cu the Termination Fee Bond, as applicable, in the event that FPL
notiftcs the QS that it requires such a replacement, the replacement Termination Fec Letter of Credit of Termination Fee Bond, as applicable,
must be issued by a Qualified Issuer or firiancially sound company within ten (10) business days fodlowwing such ratification Fauna by die
QS to comply with Ure requitements of this Section 10, 11 shall Ix; grower for FPL to draw in JIM on airy existing Termination Fee Letter of
Credit or Tettn ination Fee Bend mid to exercise any other remedies it inay have hereunder.
(Confirmedwn Shce(:No.9.039)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: September 13, 2016
-fl
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 18
Attachment A
First Reused Sheet No. 9.039
FT,ORIDA POWFR & LIGHT COMPANY Cancels Original Shrct No. 9.039
(Cerrdnu ed From Sheet No. 9.038)
10,1A rifler the close of each calendar quarter (March 31, lune 30, September 30, and Mcember 31) occurring subsequent to
the Capacity Delivery Date, die QS shall provide to FPL within tett (10) busatess days of the chase of such calendar quart" with written
assurance and documentation (the -Security Dchcumentatio W), in form and substance acceptable to FPL, that the atnounrof the most recently
provided Termination Security is sufficient to cover the balance of the Termination Fee. In addition to the foregoing, of any time durutg the
term of this Contract, FPL shall lave the tight 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 die requirements of this Section 10. 1.3 shall be grounds for FPL to
draw in hill on any existing Terrination Fee Letter of Credit o r Termination Fee Bond or to retain arty Termination Fee Cash Collateral, and
to exercise any otter remedies it may have heremnder to be applied against any Terttinaticxh Fee that may be due and owirg to FPL or that
may in the future be due and owing to FPL.
117.1.5 upon any termination of this Contract following tit-- Capacity Delivery Date, FPL shall be entitled to receive (and in the
case of the Terttination Fee Letter of Credit or Termination Fee Bonin, draw upon such Tcmtinati(at Fee Letter of Credit or Termination Fcc
Bond) and retain one- hundred percent (10044) of the Termination Security to be applied against arty Termination Fee that nay be dna and
owing to FPL or that may in the tittta°e be dm and owing to FPL. FTL will transfer to the QS any proceeds and Tertrination Security
remaining atter liquidation, set-off andtor application muter this Article after satisfaction in fill of all amounts payable by the QS with
respect to arty Termination Fee or other obligations due to FPL; the QS in all events will rennin Gable for arty amounts remaining unpaid
atter any liquidation, set-off andior application under this Article.
10.2 The QS, as the Pledgor of the Tenmination Security, hereby pledges to FPL, as the seemed Party, as security for the
Termination Fee and grants to FPL u first priority contirntir>♦; security interest in, lien on and right of set-off against all Terrndration Security
transferred to or received by FPL hereunder. Upon the transfer or return by FPL to the QS of Termination Security, the security interest arod
lien granted heretander on that Temhiration Security will be released immediately and, to the extent possible, without any further action by
either party,
10.3 In lieu of ar y interest, dividtmds or other arrimints paid or teamed to have been paid with ru5pecst'to Termination Fee Cash
Collateral held by FPL (all of which may be retained by FPL), FPL will transfer to the QS on a truxuhly basis the Interest Amotart, Pursuant
to Section 9.7,
it. Performance Factor
FPL desires to provide an incentive to the QS to operate the Facility during ort -peak and oft=peak periods in a manner which
approximates the projected I-Parfornance ofFPL's Avoided Unit. A Formula to achieve this objective is attached as Appnxtix A.
(Ckathniied on Sheet No. 9.040)
Issued by: S. E. Romig, Director, Wile%and Tariff's
Effective: Septetober 13, 2016
1,6
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 19
Attachment A
Fourth Revised Sheet No. 9.040
FLORIDA POWER & LIGHT COMPANY CanceLq 111rd Revised Sheet No. 9.040
(Continued from Sheet No. 9.039)
12. Default
Notwithstanding the occurrence of any Force Majeure as 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 I of this Contract.;
12.2 The QS changes or modifies the Facility ftm that provided in Section I with respect to its type, location, technology or fuel
source, without prior written approval fiom FPL.;
12.3 After the Capacity Delivery Date, the Facility fails, for twelve (12) consecutive mirths, to maintain an Annual Capacity
Billing Factor, as described in Appendix B, of at least 70%.;
12A The QS Nis to cotuply with any of the provisions of Section 9,0 1kcreof(Cotopletioti,,Perromullc,: Security),
12.5 The QS fails to comply with any orthe provisions of Section 10.0 hereof (Termination Sectirity).;
12.6 The QS ceases the conduct of active business; or if proctedirWs under tire federal bankruptcy low or insolvency laws shall be
instituted by or for or against the QS or if a receiver " be appointed for the QS or any of its assets or properties; or if any
part of the QS'N assets shall be attached, levicil upcai6 cricumbercd, pledged, -.m'zcd or taken under any judicial process, and,
such proceedings shall not be vacated or fully stayed within 30 days thereof, or if the QS shall make an assignment for do
benefit of creditors, or admit in writitig its atithility to pay its dcbLs as they hLoorne chic.
117 The QS fails to give proper assurance acceptable to FPI. of adequate performance as specified under this Contract within 30
days after HIL, with reasonable grounds for insecurity, has requested in writing such assurance-.
12.8 The QS materially fails to perforin as specified under this Contract, irtcluding, Ind not United to, the QS's obligations trader
any part of ctions 8. and 18.
12.9 The QS fails to achieve the pennittin& licensirig, certification, and all federal, state and local govermitental environmental and
licensing approvals required to mitiate construction of the Facility by no later than orae year prior to Guaranteed Capacity Datc
12.10 The QS fails to comply with any ofthe provisions of'Section 18.3 hereof (Project management).
1111 Any of the representations or warranties nude by the QS in this Contract is false cc misleading in any material respect,
12,12 The occurrence of an event of default by the QS tinder the Interconnection Agreement or any applicable Wheeling
Agreement;
1113 The QS fails to satisfy its obligations tinder Section 18.14 hereof(Assigranent).
1114 The QS fails to deliver to FPL in accordance with this Contract any energy or fine capacity required to be delivered
hemunder or the delivery or sale of arty such energy and flim capacity to an entity other than RL,
12.15 The QS fails to perform any material covertare 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 =times the Committed Capacity duo to an event of Form Majeure
and fails to repair The Facility and reset the Corranitted Capacity to the level set fath in Section 5.1 (as such level tray be
reduced by Section 5.3) within twelve (12) months following the occurrence ofsuch event of Force Majeure.
(Cmuititied on Sheet No. 9.041)
Issued by: S. L Romig, Director, Rates and Tariffs
Effective: September 13, 2016
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 20
Attachment A
First Revises! Sheet No. 9.041
FLORIDA PO%VFR & I,1G1IT CONTPANV Cancels Original Sheet No. 9.441
(Continual from Sheet No 9.040)
13. FPI,1% Rights in the rvebt of Ddault
131 Upon the occurrence of any of the Events ofDofitalt in Section 12, M may:
(a) terminate Go Contrite without penalty or firtlier obligation, vxetpt w net forth in <ion 13.2, by written notion to the QS, and offset
against any payment(s) due from FPL to the QS, any monies otherwise due from the QS to FPL4
(b) draw on die CompletiowPurformance Security pursuant to Section 9 or collect the, Termination fee punnioull to Section 10 as
applicable; and
(c) exercise any other remedy(ies) which may he available to FPI, at low or in equity.
13.2 In the case of elk Event of Defisaft, Ike QS recognizes that any remedy at low may be inadequate because this Contract is unique
and/or because the actual damages of FPL may I* difficult to reasonably m;Qvrtwn. Therefore, the QS agrees that FPL shall be entitled to pursue wit
action for specific performance, and the QS waives idl ofits rights to assert w a definve to such action that FPL,l; remedy at law ivadquate.
13.3 Temlination shelf not affect the liability or either party for obligations wising prior to such termination or for damages, if my,
resulting, from any bleach or this Contract,
14. Indellinificution/Limits
14A FPL and the QS shall each be responsible for its ourn facilities_ FPI. and the QS shall each be responsible for ensuring adequate
safeguards for other FPL customers, FPL's mid die QS's personnel and equipment, and for die prowdon of its own generating system. Subject to
section 2.7 Indemnity to Company, or section 2.7t Indannity to Company - Governmental, FPL'q General Rules mid Regulations or TwiffShect
No b.020 each party (the -Inelemlutying Party") agrees, to the extent permitted by applicable low, to indemnify, pay, defend, mid hold harritleas the
other party (the "Indemnifying Pmty*) and its officen, dirmlors, employees, agmto and watrectors (hatirtaftcr called respectively. "FPL Entities"
and *'Q3 Entities') from arid against any mid all daimp, dimiathis, costs, or expenses for low, damage, or injury to pavom, or Property of the
Indemnified Party (or to third purtiew) caused by, arising out of, or romiltitilt from: (a) a breach by the Indemnifying Party of its covenants,
representations, and warranties or obligations hereunder, (b) any act or omission by the tndemaifying 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 I'mity's
system, (e) any defect in, fifilinii of, or firtaft related to, die Indemnifying Party's Serwratkni system; (d) die negligeince or willful miscorduct of the
Indemnifying Party or its oormactom agents, slarvalaft or employees, or (a) any other event, sot or incident, including the transmission and we of
c1ce(ficity, that is the result of, or proximately caused by, the ludianni6ing Party or its contractors, agents, servants or employees,
14.2 Payment by art Indemnified Party will net be a condition precedent to the oblifafions of the ImWmm6* Party under Section 14, No
Indemnified Party undw Section 14 shall settle may claim for which it dairlig indemnifion lion hereunder with" firyt allowing the Indemnifyipf Potty
the light to defend such a claim. The Indemnifying Party #find have no obligations under Section 14 in the event are breach of the foregoing sentence
by the Indemnified Perry, Section 14 shall survive termination of this Agreement,
14.3 Limitation oil ComquentiaL Incidental and Indirect Damages. TO THE FULLEST EXTM PERMITTED BY LAW, NEITHER THE
QS NOR Fill, NOR THEIR RESPECTIVE OFFICERS, DIREC)RS, AGENTS, EMPLOYELN, MEMBERS, PARENTS, SU13SIDIAR10% OR
AFFILIKI-JiS, SU(7CESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICrAS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS,
PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR
RFSPFCT`WE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS
OR ASSIGNS, FOR CLAIM -S, SIJrM, ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
MULTIPLE OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NON-PERFORMANCE
OF THIS CONTRACT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION WITH OR RELATED TO THIS CONTRACT, INCLUDING
WITHOUT LIMITATION, ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, STATUTE,
OPERATION OF LAW, UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY
DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE
DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND
THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IF
NO REMEDY OR MEASURE OP DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGORS LIABILITY SHALL BE LIM1717ED TO
DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF DAMAGES AND
(Continued on SheetNo. 9.042)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: June 25, 2013
I -do
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 21
Attachment A
$*#o"jtLiArRev1%ed Shect No. 9.042
FLORMAPONYFR&IAGHTCOMPANY Cancels.'+s�rou 44411evLsed Sheet No. %042
(Cwtimcd from Sheet No. 4,041)
ALL, OTHER REMEDIKS OR DAMAGES AT LAW OR IN EQt -ITY ARE WAIVED; PRQYI)FP HOWEVER THE PARTIES AGREE
THAT TILE PoRi'-,00ING uml'rxrlONS WILL NOT IN ANY WAY Ll2NAFf LIABILITY OR DAMAGES UNDER ANY THIRD PAKI'Y
CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS OWING RISE TO SUCH I,IAB]LrrY CONSTITI.TTE GROSS NEGLIGENCE
OR WILLFUL MISCONDUCt'. TflL PROVISIONS OP'tTIV5 SECTION SHALL APPLY REQAPDLLSS OF FACIA'ASI) SHALL sURVAtli
TEnIINATION, CANCELLATION, SUSPENSION, COMPLETION OR EXPIRATION Of THIS CONTRACT, NOTHING CONTAINED IN
THIS AGREEMENT SHALL BE DEEMEDTO BEA WAIVER Of A PARTY'S RIGHT TOSEEK INJUNCTIVE RELIEF,
1& Insurance
15.1 The QS shall procure or cause to be procured, and shall maintain throughout ate entire teen of this Contract, a policy or
policies or liability fitsunince issued by an insurer acceptable to F1% on a standard 111suraocc Services Office" commercial general liability.
form (Such policy or policies, collectively, The *QS Insurance'), A certificate of insunmat hall be delivered to FPI, at least fifteen (15)
calendar days prior to the start of any interconnection work, At a ininimum, the Q3 Insurance shall contain (a) an cri(kirserritnt providing
coverage, including jx-aducL5 habilityloorrilgeted for the tem, of this Contract, aixt 6)) a brni j*om, contractual liability
endorsement coveritig liabilities (i) which might arise uMer, or in the performance cc nonperfmitaric.- of, this Contract and the
Interconnection Agreemnit or (ii) caused by operation of the Facility or any of the QS's equipment or by the QS's fiflure to maintain the
Facility or the QS's equiptnein in satisfactory and safe operating condition. Effective at least fifteen (15) calendar days prior to the
synchronization of the Facility with FPL's system, the QS Insurance shall he amended to include coverage for interruption or curtailment of
power supply in accordance with indwirystandards, Without firniting the foregoing, the QS Insurance total he reasonably acccli(atile to FPL.
Any prainjuni assessment or deductible shall be Ar the account of the QS and notFPL,
15.2 The (,)S Insurance Shall have a ininitnurn limit or one million dollars (51,000,000) per occurrerwe, And tivo rinUigli dgar
a s
Inifit. for Lvdilyinjury (molt ding death) orpropertydarnage,
153 In the event that such insurance becomes totally unavailable or procurement thereof becomes commercially imincdcable,
such unavailability shall not constitute an Lverit of Default under this Contract, but FPL and the QS shall enter into ncgotiaiiojis to devc1op,
substitute protection which the Parties in their reasonable judgment deem adequate.
15.4 To the extent that the QS insurance is on a "claims made" basis, the retroactive date of the policy(ies) shall be the effective
date of this Contract or such other date as maybe agreed upon to protect the interests of the FPL Entities and the QS Entifies. Furthennore, to
the extent the QS Irismance 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 contractor in tort. To
the extent the QS Insurance is onan "occurrence" basis, such insurance shall be maintained in effect at all times by the QS during the term of
this Contract.
15.5 The QS Insurance shall provide that it may not be cancelled or materially altered without at least thirty (30) calendar days'
written notice to FPL, The QS shall provide FPL with a copy of any material communication or notice related to the QS Insurance within ten
(10) business days of the QS's receipt or issuancethereof.
15.6 The QS "I be designated as the named insured and FPL shall be designated as an additional named insured wider the QS
Insurance. The QS Insurance sitall be endorsed to be primary to any coverage maintained by FPL
16. Force Mqjeure
Force Majeure is defined as an event or curcurrislance that is not within the reasonable control of or the result ofthe negligence of,
the affected party, and which, by the exercise of due diligence, the affected party is unable to overcome, avoid, or cause to be avoided in a
commercially reasonable manner- Such events or circumstances may include, but are not bruited to, acts of Goil, war, not or nisunceitm,
blockades, embargoes, sabotage epideruies, e.,qilosions and fires not originating in the Facility or caused by its operatiori, burricaries, floods,
strikes, lockouts or Wier labor disptites, diflicultics (not caused by the Idure oftho affected party to comply with the terms of a cottective
bwgaining agreement), of actions, or restraints by court order or govemmentalautbority or arbitration aivard Force Majeureshall 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, ootistruction, operation, maintenance or inability to meet regulatofy mandauls,or otherwise caused by an
event originating in the Facility, (c)) a failure otperformhuce of any other entity, includnig any entity providing electric tniiruiTision service
to the QS, except to the extent that such failure was raised by an event that would o1hemise qualiA, as a Force Majeure event; (d) failure of
the QS to timely apply for or obtainpamits,
(Continuad on Sliest No. 9.043)
Issued Cohen, Senior Director, Regulatoi-v Rates, Coit of Service and Systems
JAIMIV !N"It#1144W4AJ-�
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 22
Attachment A
First Revised Sheet No. 9.043
FLORIDA POWER &r LTGTI,T C01II'ANS' Cancels Original Sheet tin 9-W
(Continued from Meet No. 9.042)
I6.1 Except as otherwise provided in this Contract, each party shall be excused from perfontance when its ndutperformance was
caused, directly or indirectly by art event of Force Majcure.
10.2 In the event of any delay or ta>nperfonnattce resulting from an event of Farce Majeure, the party claiming Force Majeure shall
notify, the other party in writing within two (2) business clays 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 arty deadlines or datc(s), imposed hereunder may
W affected thereby The suspension of perfortran" shall be of no greater scope and of no greater duration than the cute for the Force
Majeure requires. A party claiming Force AMajeure shall not be entitled to any relief therefore unless and until confonning notice is provided.
The parry claiming Fames Majeure shall noti fy flic otter party of the cessation of tae event of Force Majeure or of the conclusion of die
affected party's cure for the event of Force Majeure, in either case within two (2) business days hereof
16.3 The party claiming Force Majeure shall rue its best efforts to cure the cause(s) preventing its perfonnance of this Contract;
provided, however, the settlement of strikes, lockouts tutu other labor disputes slid] be entirely tivithin the discretion of die a4Cected party,
and such party shall not be required to settle such strikers, lockouts or ether labor disputes by acceding to demands which inch pt;ariy dcerm to
he unfavorable.
16.4 if the QS suffers an occurrence of an .event of Fore,: Majcuue that reduces the ge.rmagrig capability of tie Facility below the
Cotturatted Capacity, the QS may, upon notice in FPL, temporarily adjust the Counnined Capacity as provided in Sectio tis 16.5 acct 16.6.
Such adjustment shall be effective the first calendar day itumediately following FPL's receipt of the notice or such tater date as nay be
specified by the QS. Furdrentiore, 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 temporarily set the Committed
Capacity equal to 0 KW aurid such time as the Facility can partially or tidly operate at tate Committed Capacity that existed prior to the Force
Majeure, if the Comrnittcd Capacity is 0 K W, FPL shall have no obligation to make capacity payments hereunder.
16.6 IC at any time during the occurrence of an event of Force Majeure or daring its curd; the Facility can partially or fully operate,
then the QS shall temporarily set the Cornrrnttcd Capacity at the rraxinium capability that the Facility cart 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, FPI, shall have the right to require a Committed Capacity Test to demonstrate the
Facility's compliance with the requirements of this section 16.7. Any Committed Capacity Test required by FPL under this Section shall be
additional to any Committed Capacity Test wider Section 5.3.
16.8 During the occurrence of an event of Force Majeure and a reduction in Committed Capacity under Section 16.4, all Monthly
Capacity Payments shall reflect, pro rata, the reduction in Cotnmitted Capacity, and the Monthly Capacity Payments will continue to be
calculated m accordance with the pay -for -performance provisions in Appendix B.
169 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 circwustances
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 flat as of the Elective tate and for the tern of this Contract:
11.1 Organization, Standing and QialiSeation
The QS is a (ewpora ion, partnership, or other, as applicable) duty organized and validly existing in good
standing under the laws of and has all necessary prover and auathority to carry on its business as presently coruiucted, to
own or hold under lease its properties and to enter into and perfdmu its obligations under this Contract and all other related d ocurnents slid
agreenietts to which it is or stall be a Patty. 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 Iws4tcss 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
oder this Contractor would result in a material liability to or would have a material adverse effect cat FPL.
(Coaitiumd on Sheet No. 9.044)
Issued by; S, L Romig, Director, Rates and Tariffs
Effective: August 18, 2009
' A7
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 23
TU,ORTI).A E'tIWER & UGHTCnM ANY
(Continued from Sheet No. 9.043)
172 Due Authorization, No Approvals, No Defaults, eta.
Attachment A
Second Revised Street No. 9.044,
Cancels First Sheet tio. 9.044
N ach of Ore "mutiou, delivery and perfomuwrca by the QS of this Contract has been duly authorized by all necessary action wt the
part of the QS, does not require any approval, exert as has been heretofore obtained, ofthe (sbarehold rs,
partners, or others, as applicable) of the QS or arty consent of or aplxoval from any trustee, lessor or leder of any indebtedness or oUtci
obligation of the QS, except for such m have been duly obtained, and does not contravene cc constitute a default under any law, the
(articles of incorporation, bylaws, or other as applicable) of the QS, or any agreement, jodgatent, injunction, order.
decree or other instrument binding upon the QS, or subject the Facility or any component part thereof to any lien other than as contemplated
or permitted by this Contract. This Contract constitutes QS's legal, valid and binding obligation, enforceable against it in accordance with
the terms hereof, except as such enforceability may be limited by applicable bardauptcy 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 mast be followed in performing its obligations under this Contract.
The QS is in compliance with all laws, except to the extent that failure to comply therewith would not, in the aggregate, have a material
adverse effect on the QS or FPL.
17.4 Governmental Approvals
Except as expressly contemplated herein, neither the execution and delivery by the QS of this Contract, nor the const rmtation by
the QS of any of the transactions contemplated thereby, requires the consent or approval of, the giving ofnotice to, the registration with, the
recording or filing of any document with, or the taking of any other action in respect. of governmental authority, except in respect of permits
(a) which have already been obtained and are in full force and effect or (b) are not yet required (acrd 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 stats, proceedings or investigations pending or, to the knowledge of Ilse QS, threatened against it at law or in
equity before any court or tribunal of the United States cc any other jurisdiction which individually or in the aggregate could result in any
materially adverse effect on the QS's business, properties, of mets or its condition, financial or otherwise, or in any in painnatt of its ability
to perform its obligations tauter this Contract. The QS has no)mowiedge of a violation or default with respect to any law which could result
in any such materially adverse effect or impainuent, 'Me QS is ret in breach of, in default tattler, or in violation of, any applicable Law, or
the provisions of any autlxitization, or in breach oC in default under, or in violation of or in conflict with any provision ofany 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, dafaults, violations or conflicts which, individually or in the aggregate, could not reasonably be expected to have a material
adverse effect on the sassiness or financial condition of Buyer or its ability to perform its obligations hereunder.
17.6 FnvirozuneUtal Matters
17.6.1 QS Representations
To the best of its knouiedge after diligent inquiry, the QS Imows of no (a) existing violations of any environmental laws at the
Facility, including those governing hazardous materials or (b) pending, ongoing, or unresolved admiristrative or enforcement investigations,
complinnea 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 tate Facility as contemplated by this
Contract.
17.6.2 Ownership and 011erhig For Sale Of Renewable Energy Attributes
The QS retains any and all rights to can and to sell arty 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 envirc4moental interests
(collectively "RECs'j of any description.
(Continued on Street No. 9.095)
Issued by: S. R Romig, Director, slates and Tariffs
Effective: August 18, 2009
q, X3
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 24
Attachment A
Fourth Revised Sheet No. 9.045
FLORIDA POWERS MGirrcoN*,ANY Cancelsllird I*vised Sheet No. 9.045
(Continued from Shcd No. 9,044)
17.6.3 Changes in Enviroarriental and Govermirentai Regulations
It new arvirouniontal and other regulatory requirements enacted during the tam of the Contract charge FPL's full avoided c" of the writ on
which the Contract Is bused, tither party can elect to have the centrad teoponod.
177 Intcrcamecionnbhttling Agreement
The QS has executed an interconnection kqement with UP[., or represents or warrants that it has entered into a valid and enforceable
Interconnection Agreement with the utility in whose savior area the Facility is located, pursuant to which the Q8 assumes contractual respombility to
make any and all tran.wission4clacd arrangements (mcludukg control area servicest betweat the W and the transmitting utility for delivery of the Facility's
capacity and energy to FPL.
172Technology and Ocricrator Capabilities
That for the term ofthis Coultract the Technology and Gencratur Capabilities tabic act forth in Section I is accurate and coanpltw
is. General Provisions
18.1Project viability
To assist FPL in accessing the QS's financial and lochnical viability. the QS shall provide the Information and documents requested in Appendix It
or mbamilially similar documents, to the extatt the documents apply to the type of Facility covered by this Contract, and to the extent the documents am
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
documam may rc%ult in a dwarmnalfort of eon -viability by P'Pt-
18,21innuits: Site Control
The QS hereby agrees to obtain mid maintain Permits which the QS is required to obtain as a prerequisite to engaging in the activities specifed in
this Contract. QS diall alsoobtaini and maintain Site Control for the Term of die Contract.
18.3project management
18,11 If requesled by M, the Q.% Mall slibmil, to FIT its intograted project schedule for FPL's review within sixty calendar days
from die caceotition of this Comraa, and a start-up and Icy schedule for the Facility at least sixty calaidar days prior to qan-up and leering of the
Facility. 'Tbcsc permitting. cmistruction and operating milestone dates an4acivitics- Ifrequtsiclby FPL, the QS shall
suit"it ffogress reports in a for"I A"atistactory W FPL every calendar month until die Capacity Delivery Date and shall notifY FPL of any changes in such
schedules within lot calendar days ikflcr inch changes are determined. FPt,,,Jiall have the right to monitor the constniclion. pari: up and testing of the Facility.
tither on-gito or off. site. FPL's technical review, and inspections of the Facility and resulting requests, it arty, shall nit be construed as endorsing, the
design thereof or as any warranty as to the safety, durability or reliability of0u; Facility.
18.3,2 'nic QS shall provide FPL with the final generator capability curves, protective relay types, proposed
protective relay wrings, main one -lint diapn mss protective relay thrictional clhigrarns4 and alternating carrait mid direct current elementary diagrams for
review and in.4wfion at I'Pt. no later than one hundred eighty calendar days prior to Hit Initial synchronizatiort date.
18A Assignment
This %,greentart shall inure to the benefit (it and shall be binding upon the Parties and their respectivt successors and assigris, This Agreement
shall not be assigned or transferred by tither Party without the prior written consent of the other Party, such consent to be grimed or withhold in such other
Party's sale discretion. Any direct or indirect change of control of QS (whaher voluntary or by operation of law) shall be deemed an assignment and shall
require die prior written coruxint of VPl'. Norwiih-4midinli the forogoing, tither Piny may, without the consent of the other Party, nitign or tratisla- chis
Agrccuuml: (a) in any lender as collateral wairily t2robligatiW18 under any financing documents entered into with such laidor provided, QS shall be
responsible for FPL's rtatmablo osts and cxpaisc% ahsociatal with die review. otgothalou, execution and delivery of any c1cicomads or hiftnination pursuant
to arch collateral assigoman, including reasonable attorneys' fees (b) to an affiliate of such Party: 1"Wde4 that much affiliate's croditworthincsk, ii equal to
or boner than that ot'such Party (anti in tic event loss thmi Investment Qadc) as determined reasonably by the non es ming or non-traoxfurring Party and;
provide.4 fardier, Ilial my such affiliate shall agree in writing in tic bound by and to wswrtic the torms anti conditions hercofaind any mid all obligations to the
non-agaigning or min-uansfcrrmg Puny art ing or #coming hereunder horn mid after the date of acct( a,%uriptim, 'I"ve-4imad (kadc" M001KIlBo- or above
ti om Standard .S. Poot'sOmporation of Batt2 or above from MouWs Investor Services,
18.5 Disclaimer
In executing this Crmtract. Fill. does not, nor should it be constma to extend its culk or financial support for the benefit of any third parties
lending monty to or having other transactions with the QS or any %Wgncv ofthis Contract.
(Continued an Sheet No. U46)
Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and System
Effective: January 1, 2022
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 25
Attachment A
Second Revised Sheet No, 9,046
FLORIDA POWER & TIGHT COMPANY Cancels- First Sheet No. 9.046
(Continued ft(xn 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 Wowed munediately with a copy sent by registered or certified mail, to the halividuals designated below, The Parties
designate the following individuals to he notified or to whom payment shall he sent until such firm is either Party furnishes the other Party
written instructions to co nlact another irtdividual:
For the QS:
For FPL:
Honda Power & Light Company
700 Universe Boulevard
Juno Beach, FL 33408
Aft EMT Contracts Department
'flus signed Contract and all related documents may be presented no earlier thain 8:00 a.m. EST on the ef(ective date of the Standard
Offer Contract, as determined by the MC. Contracts, and related documents may be mailed to the address below or delivered during
normal business hours (&00 a,iw EST to 4:45 p.m. EST) to the visitors' aitimice at the address below.
Florida Power & Light Company
700 universe Boulevard, Juno Beach, FL 33,108
Attention. Contracts Matitager/Coordinakir
EMT Contracts Department
18,7 Applicable Low
11is contract stall be construed in accordarivc with and governed by, and the rights of die Parties shafl be construed in accordance
with, the laws of the State of Florida as to all matters, including but not limited to matters or validity, construction, effect, perl'birmince and
remedies, without regard to coullict of law rues tb=*C
18.8 Venue
The Parties hereby irrevocably submit to the exclusive jwi"cfi*u of die United States District Cowl for the Southern District of
Florida or, in the event that jurisdiction for any matter cannot be established in the United States District 0xvt for the Southern District of
1RWda6 in the state court for Papa Beach County, Florida. solely in respect of the inteerpretalion wid enforcement of the provisions of this
Connact and of the docitments 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 d"Ilent, that it
is not subject theretoor that such action, suit or Imocceding may not be brought or is not maintairtable in said courts or that the venue thereof
my 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 an claim with MI=t to such action or proceeding shall be heard and determined in such a court, The Parties hereby
consent to and grant any such cows jurisdiction over the Persons of such Parties solety for such purpose acrd over the subject matter of such
dispute and agree that mailing ofproccss or other papers in connection with any such action or proceeding in time manner provided in Section
I8,8 hercofor in such other mariner as pray be permitted by Low shall be valid anct sufficient service thereof
(Caitatued oii Sheet Na 9,047)
Issued by: Tillany Colien, Senior Director, Regulatory Rates, Cost of Service and Systems
FATective: January 1, 2022
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 26
FLORIDA POti1 F;R & LIGITTCOMPANY
(Continued from Sheet No. 9.046)
Attachment A
First Revised Sheet No. 9.047
Cancels Original Sheet No. 9.047
18.9. Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY
ARISE UNDERTHIS CONTRACT IS L.IK.ELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH
PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRIAL BY
JURY IN RESPECT OF ANY LITIGATION RESULTING FROM, ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE
TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES TIIAT (a) NO
REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE,
THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER,
(b) EACH PARTY UNDERSTANDS AND HAS CONSIDEREE) THF IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES
THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS CONTRACT BY, AMONG
OTHERTHINGS,THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9
I8.10 Taxation
In the event that FPL becomes liable for additional tars, including interest atWor penalties arising from an Internal Revenue
Service's determination, throvith audit, ming or other authority, than FPL: s payments to die QS for capacity cooler Options B, C, D, E or for
energy pursuant to the Fixed Firm Energy Payment Option D are not filly deductible when paid (additional tax liability), FPL may bill the
QS monthly for the costs, including carrying charges, interest andlor penalties, associated with die fact drat all or a Portion of these capacity
payments are not currently deductible for federal andfor state income tax proposes, 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 to same economic position in which it would have leen if the
entire capacity payment., had been deductible in the period in which the payments were made. If FPL decides to appeal the Internal Revenue
Setvice's determination, the decision as to whether the appeal should be made through die administrative or judicial process or bow and all
subsequent decisions pertaining to the appeal (both substantive and procedural), shall rest exclusively with FPL.
18: i i Scverability
If any pan of dais Contract, for airy reason, is declared invalid, or uneaforceabie by a public authority of appropriate jurisdiction,
then such decision shell not atTct the validly of the remainder of the Contract which rematirtder shall remsm in force and etrect as if this
Contract had been execrated wi hotii the invalid or unenforceable portion.
18.12 Couipkne Agreement and Airetidments
All Tmrvious cx rrimli tications or al recinews letzvLen the Parties, whether verbal or written, with reference to tlw suhjccl matter of
this Contract are hereby abrogated. No amendment or modification to this Contract shall be hindmg wilem it shall be set forth in writing and
duly executed by both Prudes. This Contact constitutes the entire agreemera between the Parties.
18.13 Survival ofColl acct
This Cordram as it may be amended from time to time, shall be binding upon, and inure to the benefit of, the Parties' respective
slx des ors -in -interest and legalrepresentatives.
I8:14 Record Retention
The QC agree%tn retain for a period of five (S) years from the date of tennination hemorall records relating to the pert'ormanee of
its obligations hereunder, and to cause all QS Entities to retain for the same period all such records.
18.1 S No Waiver
No waiver of any of tic terms and conditions or tbis Contract shrill be effective unless* in writing and signed by the Party against
whore such waiver is sought to be en€owed. Airy weiver of the term hereof shall be effective only in the specific instance and €or the specific
Purpose given. The ftiitve of a Party to insist, in arty instance, an the strict performance of any of the tetras and conditions horcof shall nothe
eonstnruh as a waiver of such Partys right in the ftiturre to insist on such strict performance,
(Continued on Sheet No.9,M)
]-,sued by; S. E—Ronrig,Director, Rates and'Fariffs
F.t1'eetirx: September 13, 2016
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 27
Attachment A
First Revised Sheet No. 9,048
FLORIDA PONNITZR Sc IJGTIT COMPANY Cancels Original Sheet No. 9.048
(Caltirmed fi-(xii Sheet No. 9.047)
18.16 set-off
FPL imy at any firm, but shall be under no obligation to, set off wry mid all suns due from the QS against sums due 10 the QS
hereunder.
18.17 A,,Wstance With FPL's "nation of FIN 46R
Accounting rules sat foal in Financial Accounting Standards Board Interpretation No. 46 (Revised OWember 2003) ("FIN 46P"),
as well as future amendments and interpretations of those rules, may require FPL to evaluate whether the QS must be consolidated, as a
variable interest entity (as defined in FIN 46P), in the consolidated financial statements of PPL The QS agrees to filly cooperate with FPI,
and make available to FPI, all financial data and other information, as deemed necessary by FPL, to perform that evaluation on a timely basis
at inception of the PPA mid periodically as required by FIN 40R, If the result of an evaluation under FIN 46R indicates that the Q9 must be
consolidated in the financial statements of FPL, the QS agrees to ptovick financial statentents, together with other required informution, as
disterinined by FPL, for inclusion in disclosures contained in the footnotes to the financial statements and in M's required filings with tile
Securities mid Exchangc Conimission. The QS shall provide this inforntaficu to FPL in a turiefranic consistent with FPL's ewrinws
release and SEC filing sehedtdes, to be dotennincri at FPL's discretion. Tice QS also agrees to fully CW)Perwti! with FPL and FPL's
independent auditors in completing an assessment of die QS's intan;wl Mitro,13 as required by the Sarbwws-(:*dcy Act of 2002 and in
performing any audit procedures neveswry for the 4xiapendent auditors to issue their opinion on the consolidated financial statements or
FPL, FPL will treat any intomiation provided by the QS in satisfyitk% Section 18.17 as cortfidential information and shall only disclose such
information to the extent required by accounting and SEC rales, and any applicable laws,
IN WITNESS W11FREOP, the QS and FPL executed this Contract this _ day of .
IFLORIDA POATR & LIGHT COMPANY
WITNESS:
WITNESS:
Issued by: S. I,-' Romig, Director, hates and Tariffs
Ettectlw: 3ttly29,2008
(QS)
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 28
Attachment A
Seventh Revised Sheet No. 10.300
MORIDA POIVVER & LIGHT COMPANY Cancels Sixth Revised Sheet No. 10J00
RATE SCHEDULE Q&2
APPENDIX A
TO THE STANDARD OFFER CONTRACT
STANDARD RATE FOR PURCHAsEOF FIRM CAPACITY AND ENERGY
FROM A RENEWABLE ENERGY FACIUTY
ORA QUALIFYING FACILITY WITH A DESIGN CAPACITY OF 100 ICW OR LESS
$0MAILE
Q&32, Firm Captwity, imdEnergy
AVATTABLF
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 Firm capacity and energy offered by a Renewable Energy Facility specified in Section
366,91, Florida Statutes or by a Qualifying Facility with a design capacity of 100 KIN' or less as specified in FPSC Rule 25-17-
0832(4) and which is either directly or indirectly interconnected with the Company. Both of these types of facilities shall also be
referred to herein as Qualified Seller or "QS".
The Gonipany will petition the FPSC for closure upon any of the following as related to the generating unit upon which this
standard offer contract is Nwed i,c, 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
gencrat.4 unit is not subject to Rule 25-22.082, F.A.C. or (c) the generating unit ulin 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 Energy Facilities as specifted in Section 366.91, Florida Statutes producing capacity and energy from qualified
renewable resources for sale to the Company on a firm basis pursuant to the terms and conditions of this schedule and the,
Company's "Standard Offer Contract', Firm Rcmvable Capacity and Renewable Energy are capacity and cneriw, produced and
sold by a QS pursuant to the Standard Offer Contract provisions addressing (among other things) quantity, time and reliability of
delivery.
To Qualifying Facilities ('QF'), with a design capacity of 100 KW or less, as specified in FPSC Rule 25-17,0832(4)(a) producing
capacity and energy for salt to the Company on a firm basis pursuant to the terms and conditions of this schedule and the
Company's -Standard Offer Contract', Firm Capacity and Energy are &-=ribcd by FPSC Rule 25-17.0832. FAC., 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 SERViCF
Purchases within the areas served by the Company sball be. at the option of the Company, single or three phase, 60 hertz afternating
current at any available standard Company voltage. Purchases from outside the areas served by the Company shall be three
phase, (A 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 Q.S.
UNTATION
Purchases under this schedule are subject to Section 366.91, Florida Statutes and/or FPSC Rules 25-17.0832 through 25-17.091,
F.A,C., and 25-17.200 through 25-17.310 F.A.0 and are limitedto 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 11, and to continue such deliveries for a period of at least 10 years up to a
maximum of the life of the avoided unit;
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. 10301)
Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Effective: January 1, 2022
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 29
Attachment A
Seventh Revised Sheet lQo,10.301
F LORIDA NONVER & LIGHT COMPANY Cancels Sixth Revised Sheef No. 10.301
(Continued d from MW No. 10.300)
RATES FOR PURCILAM BY THE CON HIANY
Firm Capacity and Energy are purchased at a unit cost, in dollars per kilowatt per month and cents per kilowatt -lour,
respectively, based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has been
designated by the Company, and is detailed in Appendix ff 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 36691, Florida Statutes and to FPSC Rules 25-17.082 through 25-17.091, F.A.0 and 25-17.200 through 25-
17.310,RA.C.
A. Firm C:arrtcity Rates
Options A through L are available for payment of firm capacity which is produced by a QS and delivered to the
Company. Once selcoted, an option shall remain in effect for the term of the Standard Offer Contract with the Company.
A payment schedule, for the nornrsl 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 tents, as
specked in Appendix F, will be made available to any QS upon request and may be calculated based upon the
methodologies described to Appendix I. The currently approved parameters used to calculate the schedule of payments
are found in Appcndix1:1 to this Schedule.
Ad ustment to Ca aci ftymient
The firm capacity rates will be adjusted to reflect the impact that the location of the QS will have on FPL system
reliability due to constraints imposed on the operation of FPL transmission tic lines.
Appendix Ill shows, for illustration purposes, the factors that uvould be used to adjust the firm opacity rate for different
geographical areas. The actual adjustment would be determined on it case-by-case basis. The amount ofsuch 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 Paym encs-Nortnal Capacity
Payment schedules under this option are based on the value of a single year purchase with an in-service date of the
Avoided Unit, as described in Appendix 1. Once this option is selected, the current schedule of payments shall remain
fisted and in effect throughoutthe term of the Standard Offer Contract.
(Continued err Sheet No. 10.302)
Issued by: S.E. Romig, Director, Rates and Tariffs
Effective: June 25, 2013
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 30
r lAIlt1IJN I V Yr r.R m L,L"1:1 L%-kjAH'tllv i
(Confirmed from Sheet No.10.301)
Orition B- Fixed Val tic of Deferral Pavments - Earh• Capacity
Attachment A
J M INO. tU.3i/L
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 terms of the Standard Offer Contract.
GVhein 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 AppendixI.
The QS shall select the month and year in which the deliveries of firm capacity and energy to the Company are to
commence and capacity payments are to start. The Company will provide the QS with a schedule of capacity payment
rates based on the month and year in which the deliveries of firm capacity and energy are to commence and the terms
of the Standard Offer Contract as specified in AppendixE.
Option C - Fixed Value of Deferral Pavment - Levetized Capacity
Payment schedules under this option are based upon the levelized capital cost component of the value of a year -
by -year deferral of the Company's Avoided Unit. The capital portion of capacity payments under this option shall
consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown on Appendix
1. The fixed operation and maintenance portion Of the capacity payments shall be equal to the value of the ycar-
by-year deferral of fixed operation and maintenance expense associated with the Company's Avoided Unit, The
methodology used to calculate this option is shown in Appendix 1, The Company will provide the QS with a
schedule of capacity payor ent 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 T)- I1xed Value of Deferral Payment Early T.eveiized Capacity
Payment schedules under this option are based upon the early levelized capital cost component of the value of a
year -by -year deferral of the Company's Avoided Unit. The capital portion of the capacity payments under this
option shall consist of equal monthly payments over the term of the Standard Offer Contract, calculated as shown
on Appendix I. The fixed operation and maintenance expense shall be calculated as shown in Appendix T. At the
option of the QS, payments for early levelized capacity shall commence at any time before the anticipated in-
service date of the Company's Avoided Unit as specified in Appendix F, provided that the QS is deliver firm
capacity and energy to the Company pursuant to the terms of the Standard Offer Contract. The Company will
provide the QS with a schedule of capacity payment rates based on the month and year in which the deliveries of firm
capacity and enemy are to commence and the term of the Standard Offer Contract as specified in Appendix E.
Option E _. Flexible Payment Oritlon
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 alter the actual in-service date of
the QS and before the anticipated in-service date of the utility's avoided unit, as specified in appendix E,
provided that the QS is delivering firm capacity and energy to the Company pursuant to the terms of the Standard
(offer Couitma 'Regardl of the payment stream clected by the QS, the cumulative present value of capital cost
payments made to the QS over the tern 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 23-
17.0832(4)(g)I_, F.A.C. Fined operation and maintenance expense shall be calculated in conformance with Rule
2.5-17.0832(6)17.A.C, The Company will provide the QS with a schedule of opacity payment rates based on the
information specified in Appendix. E.
(Ccefirme l on S%t,No, 10,303)
Issued by; S. E. Romig, Director, Rates and Tariffs
Effective: May22, 2009
ORDER NO. PSC -2022 -0203 -PAA -EQ
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Attachment A
Sixth Revised Sheet No. 10.303
FLORIDA P0WKR & LIGHTCONTPANY Cancels- Fifth Re-.Ued Sheet No. 110.30
(,Continued frau Shed No. 10,302)
B. Energy Rates
(1) Nywrits :associated with As -Available Enem Costs prior to the In -Service Dole of the Avoided Unit
Options A or B are. available for payment of energy which is produced by the QS and delivered to the Company
prior to the in-service date of the Avoided Unit. The Q'S shall indicate iLsscicction in Appendix E, Once selected.
an option shall remain in effect for the term orthe ft-midard, Offer Contract with the Company.
Option A — Energy Payments based on Actual Energy Costs
The energy rate, in cents per kilowatt-hour (0/KftJ shall be based on the Company's actual hourly avoided energy
coasts which are calculated by the Company in accordance with FPSC Rule 25-17.0823, 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 FPLN Rate' .3chcduleCOG- 1,
The calculation of payment-, to the QS shall be based on the Burn, over all hours of the billing period, of the product of
each hotes 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 J3 — Encr&y Payments based on the yew by year projection of As-Availabic energy costs
The energy rate, in cents per kilowatt-hour (O/Kft), 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 hit[ market
conditions (annual As -Available Energy Cost Projection which are calculated by the Company in accordance with
FPSC Rule 25-17,0$25, F.A.C. and with FPSC Rule 25-17,250(6) (a) RAC.) plus a fuel market volatility risk
premium mutually agreed upon by the utility and the QS. Nor to the start of each applicable calendar year, the
Company mid the QS shall mutually agree on the fuel market volatility risk prtmium for the following, calendar year,
normally no later than Noventher 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 IS of each applicable calendar
year. In addition to the applicable As -Available, Energy Cog projection the energy payment will include identifiable
operation wid 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 Cornpany 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. Ali purchases of energy shall be adjusted for losses from the point of metering to the Delivery faint
(2) Payments Associated with Applicable Avoided Energy Costs after the In -Service, Date or the Avoided Unit.
Option C is available for payment of energy which is produced by the QS and delivered to the Company after the-
in-service
hein-service date of the avoided unit. In addition, Option D is available to the QS which elects to fix a portion of the
firm energy payment. The QS shall indicate, its selection of Option D in Appendix E, once selected, Option D shall
remain in effect for the term of the Standard Offer Contract
Option C- Encmv Pavrncrus based on AduaLLincru-N, Costs startinit on the in-service (late of the Avoided Unit. as
detailed in Angendix 11.
The calculation of payments to the QS for energy delivered to FPL on and after the in-service date of the Avoided
Unit shall be the sum, over all hours of the Monthly Billing period, of the product of (a) each hour's firm energy
rate (Oil(Wh), and (b) the amount of energy (KXIV'11) delivered to FPI. front the Facility during that hour.
(Confirwal on Shed No. 10.304)
Issued by., S. L Roodg, Director, Rates and'i*nriffs
Effective: June 25, 2013
ri_ 31
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 32
Attachment A
Eighth Revised Sheat No. 10.304
FLORIDA POWER & LIGHTCOMPANY Canceh Seventh Revised Sheet No. 10.304
(Continued from SheetNo. 10.303)
For any Dispatch flour the t"um 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 CSS to FPI., the fine energy rate in cents per
kilowatt hour (¢IKWh) shall be the following on an hour -by -hour basin: the lesser of (a) the as -available energy rate
calculated by F'P1: in accordance with FPSC Rule 25-17.0825, FAC, and FL's Rate Schedule COG -1, as they may
each be amended from time to time and (b) the Company's Avoided unit Energy Cost. The Company's Avoided
Unit Energy Coit, in cents per kilowatt-hour (O/KWh) shall be defined as the product of: (a) the fuel price in
$tmmBTU as determined from gas prices published in Platts Inside FERC Gas Market Report, first of the month
posting for Florida Gas Transmission Zone 3, plus all charges, surcharges and percentages that are as effect from
time to time for service under Gulfstream Natural Gas System's Rate Schedule FTS: and (b) the average annual
beat 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 CSS is located.
Option D- Fixed Fern Energy Payments Starting as early as the In-Sery ice r)ate of the C7S Facility
The calculation of payments to the QS Ibr energy delivered to FPL may include an adjustment at the election of thr
CSS in order to implement the provisions of Rule 25-17.250 (6) (b), F.A.C. Subsequentto the determination of full
avoided cost and subject to the provisions of Yule 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 CSS, ".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 AppendixE.
ESTIMATED AS -AVAILABLE ENFRGYCOST
As required in Section 25-17.0832, F.A.C. as -available energy cost projections until the in-service date of the avoided unit will
be provided within 30 days of receipt by FPL of a written request for such projections by any interested person.
ESTIMATED UNIT FUEL COST
As required in Section 2.5-17.0832, F.A.C. the estimated unit fuel costs associated with the Company's Avoided Unit and based
on current estimates of the price of natural gas will be provided within 30 days of a written request for such an estimate.
(Continued on Sheet No. 10.305)
Issued by- S. E. Romig, Director, Crates and Tarirts
Effective: September 13,1016
��er
ORDER NO. PSC -2022 -0203 -PAA -EQ
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PAGE 33
Attachment A
Seventh Revised Sheet No. 10.305
rIX)IZIDA PONVER & LIGITTCONIPANV Cancels Sixth Revised Sheet No. 10.305
(Continued from Sheet No. 10.304)
DVLIVrR5'VOLTAGFAD.T1TSTNIFNT
Energy payments to a QS within the Company's service area shall be adjusted according to the delivery voltage by the
multipliers provided in the COG -1.
PFAR&MANCE CRITERIA
payments for Firm Capacity are conditioned on the Q!Tsability to maintain the following perform arcecriteriw
A. Capacitv Milvery Date
The Capacity Delivery Date shall be no later than the projected in-service date of the Company's Avoided Unit, as detailed
in AppcndLx 11,
B. Availabilitv and Ca"ity Factor
The Facilit-,'s availability and capacity factor are used in the determination or firm capacity payments through a
performance based calculation as detailed in Appendix 8 to the Company's Standard Offer Contract.
rkMERINGRWMENJENTS
A QS within the areas served by the Company shall be required to purchase from the Company hoitirly recording meters to
measure their energy deliveries to the Company. Energy purchases from a QS outside the territory of the Compaq "I be,
measured as the quantities scheduled for interchange to the Company by the entity delivering Firm CApocity and Renewable
Energy to the Company.
For the purpose of this Schedule, the on -peak hours shall he those hours occurring April I through October 31 Mondays through
Fridays, from 12 noon EST to 9:00 pm. EST excluding Ntemorial Day, Independence Day and Labor Day; and November I
through March 31 Mondays through Fridays from 6:00 a.m. FST to 10:00 am. EST and 6:00 p.m. EST to 10:00 pm. EST
prevailing Eastern time excluding Thanksgiving Day, Christmas Day. and New Years Day. FPL shall have the Tight to change
st.wJi Oo-Peak Hours by providirig the QS a maimival of thirty catend" days! advance w1ittefulotice.
133LLINGOPrl
A QS, upon entering into a Standard Of 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 net output. A decision on billing, methods
may only be changed. 1) when a QS wiling as-availablc 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 tam mated by either the QS or the Company-, 3) when the
Q3 is selling as-availnble en Tv and has not changed billing methods within the lad twelve months; 4) when the election to
change billing methods wilt not contravene this Tariff or the contract between the QS and the Company.
If a QS elects to change billing methods, such changes shall be subject to the following: 1) upon at least thirty days advance
written notice to the Company, 2) the installation by the Company of any additional metering equipment reasonably required to
effect the change in billing and upon payment by the QS for such metering equipment and its instAllatiory. and 3) upon completion
and approval by the Company of any alterition(s) to the interconnection reasonably required to effect the change in billing and
upon payment by the QS for such alteration(s),
payments due a QS will be made monthly and normally by the twentieth business day following the end of the billing period. The
kilowatt-hours sold by the QS and the applicable avoided energy rates at which payments are being made shall accompany the
payment to the QS.
A statement covering; the charges and payments due the QS is rendered monthly, and payment normally is made by the twentieth
business day following the end of the billing period.
(Q40irated on Sheet No. 10,306)
Issued by: Titfany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Fffective: January 1, 21022
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 34
Attachment A
Eighth Revised Sheet No. 10.306
k1A)RIDA POWER& LIGHT COMPANY Cancels Seventh Revised Sheet No. 10.306
(Contintied from Sheet No. 10.305)
CHARGESTO 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 limitedto:
A. Base Claire",:
Monthly base charges for meter reading, tailing and other applicable administrative costs as per applicable Customer Rate Schedule.
B. 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. Lettcr of Credit or comparable assurance of payment acceptable to the Company adequate to
cover the interconnection cost estimates, (ii) payment of monthly invoices from the Company for actual costs progressively
incurred by the Company in installing the interconnection facilities, or (iii) upon a showing of credit worthiness, making
equal monthly installment payments over a period no longer than thirty-six (36) months toward the full cost of
kriterconnectioriAn 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
payor ent by the QS.
C. Interconnection Charge for Variable U0111YExtictiscs
The QS shall be billed monthly for ths, variable utility expenses associated with the operation and mairittitanw, of the
interconnection fiwilities, 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 io the,
Company wereinvolved.
In lieu of payment for actual charges the QS may pay a monthly charge equal to a percentage of the installed cost of the
interconnection facilities as provided in COG -1.
Taxes and AssessigillLs
In the event that FM becomes liable for additional taxes, including interest and/or penalties arising from an Internal
Revenue Service's determination, through audit ruling or other authority, that M.'s payments to the QS for capacity under
options B, C, D, H or for energy, pursuant to the I fixed 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 an&or penalties,
associated with the fact that all or a portion of these, capacity payments are not currently deductible for federal nnd/or state
income tax Purposes. FpI., 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 levelimd capacity payments or the Fixed Firm Energy Payment had been deductible in the period in which the
payments were made. If FPI, decides to appeal the Internal Revenue Service's determination, the decision as to whether the
appeal should be made through the adm inistrative or judicial process or bods, and all suhwquetu decisions pertaining to the
appeal (bath substantive and procedural), shall rest exclusively with FPL,
(Contimied on Sheet No. tO3M
Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Effective: January 1,2022
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 35
FLORIDA PONVF.R & LIMIT COMPANY
(C',ontiraced from Sheet No. 10.306)
TERMS OF SERVICE
Attachment A
Original Sheet No. 10.307
(1) It shall be the QS's responsibility to inform the Company of any change in its electric generation capability.
(2) Any electric service delivered by the Company to a QS located in the Company's service area shall be subject to the
following terms and conditions:
(a) A QS shall be metered separately and billed under the applicable retail rate schedule(s), whose terns and
conditions shall pertain.
(b) A security deposit will be required in accordance with FPSC Rules 25-17.032(5) and 25-6.037, F.A.C., and the
following:
(i) In the first year of operation, the security deposit should be based upon the singular month in which the
QS's projected purchases from the Company exceed, b}}r the greatest amount, the Company s estimated
purchases from the QS. The security deposit should he equal to novice the an of the difference
estimated for that month. The deposit is required upartinteraxmcction.
(ii) For each year thereafter, a review of the actual sales and purchases between the QS and the Company
will be conducted to detemtooc the actual month of maximum difference. The security deposit sbould
be adjusted to Huai twice the greatest amount by which the actual monthly purchases by the QS
exceed the actual sales to the Company in thrrtmonth.
(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 C'.ompany'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.
(3) Service under this rate schedule is subject to the rules and regulations of the Company and the Florida Public
Service Commission.
SPECIAL, PROMONS
(1) Special contracts deviating from the above standard rate schedule are allowable provided the Company agrees to
them and they are approved b} the Florida Public Service Commission.
Issued by. S. Ev Romig, Director, Rates and Tariffs
Effective: tviay22, 21307
1,35
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 36
Attachment A
91 tAlFx%AM^ U%PVTV.1% " X'gkyj."t I -.'"iVAViVN I urigirim ,nect iNii. twmim
APPENDIX I
TO WE SCHEDVLE QS -2
CAIZU1.ATION 0FVAIATF OF DEFERRAL PAYMENTS
APPLI('MWjTY
Appendix I provides u detailed dwoiption of the methodology used by the Company to calculate the monthly vultws of deferring or avoiding die
Company's Avoided Unit identified in Schedule QS -2, When need in coiijunotton with the current FJl,'W-appmvod " paninift" associated with the
Comlianys Avoided Unit conWried in Appm-&x 11, a QS "toy determine the appucv"e value of defimml Capacity payment raw noodste4 With the
tinning and opetationofits particidw fa6lifyid-wold Ute QS euteriw a liwdanl 011er Contract with theODnipmy,
CALCULATION OFVAITTF, OF DEFERRAL OPTION A
FFSC Me 25-17.0832(5) specifies diat avoided cnpaily mats, in dollam per kilowatt per month, anodated with capacity sold to a amity by a QS
Pursuant to the Cmpanyls Standard Offer Contract slmfl be defined u thc)var•byjcur value ofde&md of the Company's Avoided Unit. Tlicycar4j-
year value of delerrul shall be the dillerence in revenue requiremmw associated with deferring the Conpany's Avoided Unit one year, and shad be
culculided as roll"Al:
Whcrc, for a one yeardvierrid:
VACm = uWityv monthly value of avoid mmeity and 0 &M,
in Ji)llare per kdowatj per month. tiir such month or
year It,
K p—t Value of ourfiroi chargee for one dollar of
investment over L yew vial carrying Charges
computed using ave"t fuinual raw base and awunud
to be paid at the middle of ca,;h yew and present valued
to die middle of the first year,
R (I + ie) A (I fix
tont direct and indirect colt, in mid -year dollm M
lilow Htl ituJuding AFIJD(' brit excluding CNVIP, of die
Con i pulys Avided Unit with an it"vrvicv date of %vv
14 induding all idotdillublo and quairtitimWe (.xww
relating 10 the comMuclion of the Conninny's Avoided
Unit which uvWd have been paid had the Unit ben
cvustru,tvd;
0. = total fixed operation and inainterianee expeive for duc
year n, in mid -year dollars tvr kilowatt per year, of the
Comlimy's Avoided U64
j, - mutual wid, the plant cost of
the Couipany's Avoided Una(sl
im manual esc-alation into osociated with the operation and maintenance exImse of the Cxrnpm3,s
Avoided Unit(s),
r M mumal discount rate, defined w the uLdityls inefementul ullin-w cm ofcapital;
L - expected lift of the Compan)es Avoided Umt(sX mid
year for which the CompaWs Avoided Units) is (tire) dateffed starting with its (their) ongnuil
witicipated in-wreiee date(a) mid ending with the termination of die Conitimiys Standard Offer
Ckintrad.
(Continued <in Sheet No. 10.109)
Issued by: S. L Romig, Director, Rates and Tariffs
Effective: Alai 22,2007
1'3u
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 37
FLORMA PONVER & UGHT COMPANY
(Continued from Sheet No. 10.309)
CALCULATION OFFIXED VALUE OF DEFERRAL PAYMENTS- EARLY CAPACITY -OPTION B
Attachment A
Original Sheet No. 10.309
Normally, payinents for firm capacity shall not cornineme inail the in-service date of the Company's Avoided Unit(s). At the option of the hov —, I
the Company may begin truildrig payments fir early capacity consisting of the c*tal cost component of the value of a ywr-by-p deferral o7 the
Conilmny's Avoided Unit starting as early as the iii -service date of the QS facility. Nklien such payments for early, capacity are elected, the avoided capital
cost component of capacity payments shall be paid monthly commencing no earlier than the CapacityDelivery Date ofthe QS, and shall be calculated as
ILS
M-1) � '- 1)
Am — Ac . A, J�10 for M tot
12 12
Whom:
A. -
Monthly po,"ents to be rnaile to the QS for each Month 6fthe contract yearn,
in ddhw pa kilowatt per month in which QS daliveri; capacity pusuarit to
the early capecifyoption;
i, =
annual escalation rate wociaW with the plait cA,,*t ofthe Comrviy',z
Avoided Lhaox
=
anatial escalation rate associated with the operation and maintenance exIieme
ofithe Company's Avoided I 44t(sX
-
year for which the Exed value of deferral twmeras, under the early ca pacity
opfion are made to a QS, Flirting in year one and imiling is the year t;
t
the term, in years, of the Standard OfferContrwt
A
F1 (I - R)1(1- W) I
VIUMV
F = the cuninlati ve present value, if) die year that the 0ontractuat payments 'Rill beg* 017016 avoidw
cqital cost component of capacity puynicaw which would have been made bad ciiiiacity
payments coin meaced with the anticipated, in-serviev date of the Cornimny's Avoided WKsl
R (1 +4)1(1 +r)
V munW, discount rate, defined as the Company's incremental after-tax cm of capital; and
G I (I - fty(l - W) I
Where:
G The cumulative present value, in the you tint..the contractual payments wilt begin, of the avoided
feed operation and aa0ntaiaa9e expertsa component of QVuiiy Muents, which would have becti
me& had capacity lia),mante commenced iNith the anticipated in-service date of time Qvilianys
Avoided Vnit(s),
R (I +L)1(1 +r)
'Me airreatly approved paraineters applicable to the lonmdo above are found in Appcn&ll.
(Contirawd on SluxtNo. 10310)
Issued by: S. L Romig, Director,Rotes and Tariffs
Effective: May 22,2007
1-31
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 38
(Continued from Sheet No. 10.309)
Attachment A
.Jnect iNo.
CALCULATION OF FIXED VALUE OF DEFERRAL, PAYMENTS — LEVELMED ANI) EARLY LEVELIZED CA PA( rfY —
OPTION C & OPTION D. RESPECTIVELY
Wittily fixed value of deferral payments for levelized and early levelized capacity shall be calculated as follows:
X
PL = + 0
T2 (I + rJ4
Whcre:
PL T
the monthly levelized c"city payment, starting on or prior to the in-
service date of the ConWiVs Avoided Unit(s);
F
the curnuladve preset vulac, in the year that t1u, contractual payinents
will begin, of the avoided capital " component of the capacity
puyincrits Much wadd have been in, had the capacity payments not
been I evelim.];
the anutad disco unttate, defined as the Company'sincremental after-tax
w5t ofcapital,
t
the term, in years, ofthe Standard Offer Conftwt;
0
the monthly fixed operation and maintenance component of the capacity
payments, calculated in accordance with calculation or the fixed value 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
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 39
Attachment A
gkkonth &Ykatertith Revised Sheet No. 10.311
FLORIDA POWF.R & JIGHTCONIPAUNY Revised Sheet No, 10.311
Issued bx: Tillany Cohen, Senior lArector, Regulatory Rates, Cost of Service and Systvin.'i
kiTectiNv: 4*k-44-3494
APPENIM 11
TO RATESZ
1),124MAVOWED UNIT INFORMATION
L
The ComIxory's Avoided Unit has been determined to be l,"I'�%IWCombined C.YclrUxdtwith anin-service date ofJune 1, 20324441
and a conIntct heat rale of &_04L9_98 lJ4u/kNVk
EXAMPIX STANDARD
OFFER CONTRACT AVOIDED CAPACITY
PAYMENTS
FORA CONTRACT TERM OFTEN YEARS FROM THE IN-SFRVICE DATE OF THE AVOIDED UNIT
($/Kw1MO-NrrH)
Option A
Option 8 Option C
Option D
Coftntyear Norinal Capacity
Early Capacity LevelizedCaparity
Early LevelizedCapacity
pivinent
Klmlent pamynt
paymynt
202,14
S -
$
2021-1
S
$
20254
S S
S
2022-1
$ S
$
202"v,
$ S
S
20214 S
S 146
S 3,88
20204
S 333 S •
S 3.98
2 M44 $ -
$ 3.618 S
S 188
20314 -
S 3.611 S 4,44-
3.88
20321_ S 5,90
S 3.76 S 6,41
1.88
2033-= S 6.02
S 3,94 S 6.41
S 3.88
203113 $ 6.15
S 3,92 $ 6,41
$ 3,89
20 =1 S 6.28
$ 4,00 S 6.41
S 3,88
203t.s S 6AI
S 4,029 $ 6,41
S 3,88
203'4 $ 6,54
S 4.17 S 6.41
S 188
2038.2 S 6.68
S 4,26 S 6AI
S 3.88
20 29 S 6.82
$ 435 $ 6,41
$ 3.88
20 tom- $ 6.974
$ 4.44 $ 6.41
$ 1,88
20410 S 7,11
$ 4,50 S 6,41
$ 3,98
F -S I LNIATEM ASLAVAIIABLE MERCY COST
For Infortuatiorialliurpo^ the most recent ealusatedinereirwistal avoided ertem costs for the next ten years will be provided within
thirty, (JO) days of written guest.
ESTIMATED UNIT FUEL JC'OST8(9/11N1Btu)-.
The toost recent ostiarated unit fuel costs for the CouVaTiy's avoided unit sill be providedulthin t" (30) d,,kvs of mwirtm mqueA.
Issued bx: Tillany Cohen, Senior lArector, Regulatory Rates, Cost of Service and Systvin.'i
kiTectiNv: 4*k-44-3494
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 40
"RIDA MINFIR & LIC ITMOMPANY
Attachment A
*N;W4-jV&Rr,vKcd Sbeet No. 10.311.1
No. 10.311,1
L03Z;4.4 AVOIDED UNIT FIXED VALUE Or DEFERRAL PAYMEWS
Mitre, for a one-year cloferTaf:
VA" ConVany'f, value of avoided capacity mid O&M, in dollars per IWQWdtt per nMith, dMiM- Month rn;
K presentvalue ofearTying charges for one dollar of inve.nwnt over 1, years ivithcanying
charges conix9edusing average annual natebwsc andasmuned to be plid at the rniMe ofeach year
and prammtvalkied to the middle afthe first yter;
In total direst and indirect oast; in mid -year dotlarsper kilowatt inelatfing ArCDC but excluding CMP,
of the Company'sAwidedUnit with an in-stziw date ofycaLll,
C6 total fixed opx radar and main rtee exlx tie, for the year n, in and-yAwlkillars
per kilowan per year, ofthe Comparly's Avoided Unit.
i, annual escalatiorl rule associated with the plant "t of the (Avlpmry's Avoided Unit,
ill annual escalation rate awwaled wifit the operatim and imilintermce expense ofthe
Companys Avoided Unit,
annual discount rate, defined as the Cornpanys increrneritall after-tax cost ofeapital;
11 - expected life of the Compatrys Avoided Unit-,
n = year far which the Company's Avoided Unit is defemA starting with its origrijual
anticipated in-service (late and ending, with thelernination ofthe Stan dald OtTer Cauract,
MED, VALUE OF DEFERRAL PAYMNTS - EARLY CAPAMY OYMIN PA"METERS
A. . monthly capacity payments to be trade to the QS slatting on the year the QS elocts to start receiving early capacity
payunj&, in doUars per kilowatt per trwitth,
i, . at alual escalation ate associated with the plant cost ofthe Corripanys Avoided Unit;
= orinual escalation rate associatedwith the operation and irsailvenance exl)ew ofthe
collvwlv's Avoided Unit,
n year for which early capacity payruents to a QS me to bon; (at the election ofthe QS early cepwityplayntents
may comnefloc any tilliellfter the actual ill-SeMw date ofthe QS facility and belbretbe anti6lyAted
in.-&viec date orthe C<sr"V, avoidedunit)
r the cumulativelvegentvaloa ofthe avoided capital eruct eonVonent of capacity 1myrnents
which would have been made hadc-,q)acity payment-, murnenoed with the anticipated ill-41vice
date ofthe Qmvpanys Avoided Unit mid ccavinued for apetiod of 10 years,
r annual discount rate, dafinadas the Company's incremental atter-tax cast ofcapital;
the terra, inyears, Qflite StandardOfferContract for the purchase of firm in the year
the QS dects to start receiving early capacitypaytocrits prior to thein-sarvice date ofthe Cw� gany's
Avoided unit;
ti the conadative present vatte ofthe w6ded fixed opetation and numaolanee ")emse ccluiponall ofealucity
pay inewis which wotdd bavebeen made had capacity payinents commenced with the anticipated in-servicv,
date ofthe Cornpanys Avoided Unit and confirmad for a penodof to year,,
*Frcova Apperldix E
Issued by. Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Effective: Jo4-94OU
)W=
$5S92po
l'4jLq4U
S 2U_0*4_U
$14,6U
2.00%
2,50%
7494M
5044
20324
2.00%
2,50%
S I I JLtA';'4
1,4()
ORDER NO, PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 41
Attachment A
FLORIDA POWER & LIGHT CONIPANY Ori ' ial Sheet No. 10312.1
1-4 VALUE OF CAPACITY LOCATION
13
18 ��
17 15 ...
,(0
...._
e
j
�
*FOR ILL USTR4TI1 E PURPOSES ONLY
#
4 3
Issued by: Tiffany Cohen, Senior Director, Regulatory Rates, Cost of Service and Systems
Effective: January 1, 2022
Location
Penalty Factor
1
Turkey Point
0.971
Z
Dania Beach
1.000
3
West County
0.962
4
Ft. Myers
0.983
5
Riviera
0.958
6
Martin
0.944
7
Okeechobee
0.948
8
5t. Lucie
0.940
9
Manatee
0.945
10
Cape Canaveral
0.948
11
Sanford
0.954
12
Putnam
0.953
13
Scherer
0.940
14
Blue Indigo
0.919
15
Lansing Smith
0.948
16
Eglin
0.991
17
Halley
1.000
18
Crist
0.990
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 42
FIX)RIDA PONVER & 1033 ITCOMI'ANNY
Attachment A
Second Revised Sheet No. 10.313
Cancels- First Revised Sheet No. 10,313
JAPPE-MIX R
TO THE STANDARD OFFER CONTRACT
FOR THE PURCHASE OF FIRIM CAPACITY AND ENERGY
FROM RMWAHLE ENERGY FACHATMS
OR QUALIFYING FACILITIES WITH A DESIGN CAPACITY OF log XW OR LESS PAY
FOR PERFORMANCE PROVISIONS MONTHLY CAPACITY PAYMENT CALCULATION
1. Monthly Capacity Payments (MCP) for each Monthly Billing period shall be, computed nocordingto the fdlowing:
A, India emit that the Annual Capacity Billing Factor (AC BF") u defined below, is less thau Mai., than no Monday Capacity Payment shall be
due, That is;
MCP — 0
In the event that theACBFis equal toorgreater than 80%but less than 946/6,then the MouthlyCapacity by usiTW
the loumvitig formula -
-
MCP- f3CP.-. [1 14x(AC8F-94%)jxCC
C. In do event that the ACBF is equal to or greater than 940,6, then dur Monday Capacity Pxfnmit shall be calculated by using the MioNving
romidic
MCP- BCP x a:
%Vhere:
MCP
BCP Ile" Caimcity Payment in S"IMonshas specified in FPVs Rate SdWuleQS-Z.
CC Committed Capacity in KW.
ACBF Annual Capacity Billing Factor. This factor is calculated using the 12 monalis rolling average ofthe Monday Capaity
Factor, This 12 Inonal rolling average "I be defused as dw Vum of am 12 consecutive Monday Cupwity Fack'n;
preceding the date of calculation, divided by 12, During the first 12 consecutive Monday Bil ht* Periodst, cettiaactteiitg
with the first Monday Billing Period in which Capacity payments are to be mikiii, the calulatum of the Annual
Capacity Billing Factor shall be performed as follows: (a) doing the first Monthly M114 Period, dieAnnualCapacity
Billing Factor shall be equal to the Monthly Capacity Factor (b) thereafter, the calculation of the Annual Capacity
Billing Factor shall beconituttod by dividing the sunt of the Monthly Capacity Factors during the first yftev Monthly
Billing Periods in which Capacity payments are to be 1118110 by OW RMUM 017NIMMY Billing I'MiOdO WhiCh have
elapsed. This calculation shall be performed at the end of each Monday Wing period w1fil en outat Monday Billing
Porioils love deprod to calculate a true 12 -mouth rolling avenge Annual Capacity Billing Fwtor. Periods durnq
which die Facility has tertrixxmily set ita CA)mmiued Capacity equal to 0 KW due to a Force Majeure event pursuant to
Section 16 shall be excluded from the applicable capacity factor calculation,
MCF Monday Capacity Factcv. The two of (i) the Hcurly Factors of the Non -Dispatch H,'Aus plats (ii) the Hourly.
Factors of the Diqmtch Hours or the Hourly factors of the hours when FPL requested reduced deliveries pursuant to
Secticim 3.4.6 and SAS (Reduced Delivery Hour); divided by the number of hours in the Monthly Billing Period.
HFNDH Hourly Factor *fa Non -Dispatch Hour, The energy received during die hour divided by the Committed Capacity,
Fcc purposes of calculating the Hourly Factor of a Non -Dispatch flow the energy moeived shall not exceed the
Committed Capacity.
HFDH Hourly Factor of a Di soh Hour or a Reduced Delivery Hour, The wheduled energy received divided by the
scheduled energy rixituisted. For purposes of calculating die Hourly Factor of Dispatch Hour or die Hourly Factor
ofa Reduced Delivery Hour the scheduled energy received shall not exceed the scheduled energy requested.
On -Peak Hours -'I'hw hours occurring April I through October 31 Mondays through Fridays, from 12 nom to 9:00 p.m. excluding
Memorial Day, Independence Day and Labor Day; and November I through March 31 Mondays through Fridays
from 6.00 win, to MOO R.M' mid 6:00 pm, to 10:00 pm, prevailing Eastern time excluding Thanksgiving Day,
Christmas Day and New Year's Day. FPL shall have the right to charge smeh Ott- Peak Hous by providing the QS
s unninium of thirty calendar days'adviincenotice,
Monthly Baling — The period liquiming on the fast calendar day of each cal"Wor mouth, except that the initial Monday Baling
Period period shall consist of Die period begiuning 12.'01 am. on the Capacity Delivery Period Date and anditig with
die last calendar day osuch month,
Scheduled Energy and Dispatch Hours are us: defined in Section 8.4.7 ofthe Standard Oft Corm or,
]-sued by: S. E. Roinig, Director, Rates untlTuriffs
Effective; August 27, 2015
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 43
Attachment A
r i.vruliA.rUrrr tt ac l tktti wNii AIV t Vnguutl meet 1No. to.s 14
APPENDIX C
TO TILE STANDARD OFFER CONTRACT
TERMINATION FEE
The Termination Fee shall be the spm of the values for each month beginning with the month in which the Capacity Delivery Date occurs through the
month oftermination (or month of ealculation, as the case maybe), computed according to the following formula:
Termination Fee =Tenuination Fee applicable to Capacity Payment Option plus Termination Fee applicable to Fixed Firm EnerLv Option
Termination Fee anplicable to Capacity Payment Options R C. D and E
where:
£ (NIC`I, - WNW`
with: MCPC -0 hbr all periods prior to the in-service date of the Company's Avoided Unit
i = number of file Monthly Silting Period eommetcing with die Capacity Delivery Date ti.e., the
month in which Capacity Delivery tie ocetm = i; the month following the month in which
Capacity Delivery Dole occurs =2;eta)
it the number of Monthly Billing Periods which have elapsed from the tramth at which the Capacity
Delivery Date occurs though file month often anation (or month of ealculationi, as the case rmhybe)
t the future value of an amount factor necessary to compound a sum monthly so the annual
percentage rate derived will equal FPL's incremental after-tax avoided too of capital (defined as r
in Q)3-2). For any Monthly Billing Period in which MCW' is greater than MCP., t shalt equal 1,
MCR - Monthly Capacity Payment paid to QS coireaponding to the Monthly Billing Period h calculated in
accordance with Appendix B.
MCPO - Monthly Capacity Payment flit Option A oorrmponding to the Monthly Billing Period i, calculated
in accordance with QS -2
In the eveait that for any Monthly Billing Period, Ste computation of tie value ofdle Capat6ty PaymentTemnipation Fee tot su di Monthly Silting
Period (us set forth above) yields avulue equal to orgreater data zero, the ammutt of tic Capacity Pa) meat Tetmuration Fee shall be increasedby the
amount ofsuch val tic,
In due event that for any Monthly Billing Period, the eamputatitni of the value of die Capacity Payment Termination Fee for such Monthly Stilling
Period (its set forth above) yields a value leas than zoo, the amount of the Capacity Payment Termination Fee shall be decreased by the amount of
such value expressed as a positive number (the "hnidal Reduction Value)-, provided, however, that such buttal Reduction Value shall be subject to
the foilovaing adjustments (the Initial Reduction Value, as adjusted, the "Reduetiat Value`):
a. In the event that in the applicable Monthly Billing Period the Annual Capacity ailing Factor (ACBl), as defined in Appendix B is
less than 804ro, then the Initial Reduction Value shall be adjusted to eghal zero (Reduction Value - 0), and the Capacity Payment
Termination Fee shall not be reduced for the applicable Monthly Billing Perked.
b. In the event that in the nppli nible Monthly billing Period the Annual Capra ity Billing Factor (ACBF} as defined in Appendix B, is
equal to or greater than 80% but lass than 94%, lien the Reduction Value shall be determined as follows:
Reduction Value- Initial Reduction Valuex [0.04 x (ACBF —94%)]
For the applicable Monthly Billing Period, the Termination Fee shall be reduced by the amount ofsuc h Reduction Value,
In no event shall Fit. be liable to the QS at any time fol -any amount by which the Capacity Payment Termination Fee, adjusted in accordance with
the foregoing, is less than z£tu(0).
Termination Fee almlicab a rp the Fixed Firm Fnernv PaXmeut, Ontion D
1b -lo in-service date ofavoidcaitmit
The Termination Per for the Fixed Finn EnergyOption ption shall be equal to the cumulative sham of the Mod Firm Energy Payments made io
file QS pursuant to Oirtion D, starting with die in-setvicv date of Ile CSS facility, fete each billing cycle. Such number shall ruadi die
maximum amount avn the Whig g cycle immediately preceding file billing cycle asaheimed with the fn -service date ofthe Avoidedunit.
After int -sem ice date of avoided unit
The Termination Fee shall be decreased eseh hitting cycle following the in-service date of the avoided tacit by an amount equal to the
diftertnce b mvicen the projected Fixed Energy Cost that was used in fire calculation to detemane file base energy cost to be fixed and
amortized purruant to Option D for such billing cycle mud the amortized Fixed Firm Energy Payment in maWK WH times the energy
delivered by the QS not to exceed the M%Vtl block specified in Appendix E.
Issued by: Tiffany Cohen, Director, Rates and Tariffs
Ef ective. J lute 9, 2020
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 44
Attachment A
r'rAl1UUR VIM 11,14 & UILA'.II t.:L)&7t'AIN V Orip-hul Nl)ctt No. 111.315
APPENDIX A
TO THE STANDARD OFFERCONTRAC,T
DETAILED PROJE I I\F'ORMAIION
Each eligible Contract received by PPL will be evaluaaed to detertnne if the underlying QS project is firtancially and tecMeally viable. The
QS Shall, to die extent available, provide PPL with a cica:ailed project proposal which addresses the information requested below.
1. FACILITY DESCRIPTION
• Project Name
• Project Location
• Street Address
• Site Plot Plan
• Legal Description of Site
• Generating Technology
• Facility Classification (include types from statute)
• Primary Fuel
• Alienate Fuel (ifapplicable)
• Committed Capacity
• Expected In -Service Date
• Steam Host (for cogeneration facilities)
• Street Address
• Legal Description of Steam Host
• Host's armtad steam requirements Obs/yr)
• Contact Person
• hrdividual'sNanacandTitle
• ConrpxuuyNarue
• Address
• Telephone Number
• Telacopy Number
IL PROJECT PARTICIPANTS
• Indicate the entities responsible for the following project management activities and provide a detailed description of the
expericnce and capabilities of the catitics;
• Project Developtnent
• Siting and Licensing the Facility
• Designing tine Facility
• Constructing the Facility
• Securing the Fuel Supply
♦ Operating the Facility
• Provide details on all electrical generation facilities which are currently [order construction or operational which were
developed by the QS.
• Describe the financing structure for the projects identified above, including the type of financing used, the permanent financing
term, the major lenders, and the percent tge of equity invested at financial closing.
(Contimied on Sheet No. 10.316)
Issued by: S. E. Ronrig,Director, Rates and Tariffs
Effective: May 22, 2007
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 45
r 1.vnrrJH r. v vr.r..n br t.rutr r 1,ILJMYAI4 Y
(Continued from Sheet No. 10.315)
111. FUEL SUPPLY
Attachment A
Sheet loo. 111.316
• Describe all fuels to be used to generate electricity at the Facility. Indicate the specific physical and chemical chmacteristics
of each fuel type (e.g., Btu content, sulfur content, ash content, etc.). Identify special considerations regarding fuel supply
origin, source and handling, storage and processing requirements,
• Provide annual fuel requirements (AFR) necessary to support the requirements pursuant to Section 366.91, Florida Statutes,
and the planned levels of generation and list the assurnptitms used to delenuino these gtrotttities.
• Provide a suuthtnnary of the status of die fuel supply armVements in pace to mcct the ARFR in each year of the proposed
operating life of the Facility. Use the categories below to describe the current arrangerneut for securing to AMR
Category
Description of Fttel Supply Arramcment fuel is from a fully dcveiaped
owned =
source awned by one or more of the project participants
contract =
fully executed firm fact contract exists between rte developet(s) and fuel styhplier(s)
1.01=
a letter orint"d fir the tile[ supply exists between developer(s) and duel supplier(s)
REF —
renewable energy faedity will bran biomass, waste, or another renxrvable resource
spot =
fuel supply will be purchased on the spot market
none =
no firm firer supply arrangement currently in place
Other =
fuel supply arrangetnett which does not fit arty of the above categories (pease describe)
• Indicate the percentage of the Facility's AM which is covered by the above fuel supply arrangemcnt(s) for each proposed
o1mratirw year.'rhe percent of AFR covered for each operating year mast total 100%, For fuel supply arrangements identified
as owned, contract, or LOI, provide documentation to support this category and exl)lain the fitel price mechanism of the
arrangement. In addition indicate wheder or trot the fuel price includes delivery mid, if so, to what location.
• Describe fitel tramportation networks available for delivering all primary and secondary Ciel to the Facility site. Indicate 11t
mode, route and distance of each sc-gtmcrtt of the journey, from fiel source to die Energy Facility site. Discuss Ute current
status and pertinent tactors impacting future availability of the transportation network:
• Provide annual fuel Mia. ortatirsn requirements (AFfR) accessary to sttpport planned levels of generation and list the
ass utnptiotu used to deternune these quarififies,
• Provide a summary of the status of the fuel trrutsportation arrangements in place to meet the ATTR in each year of Ute
proposed operating life of tore Energy Facility UW the categories lelow to describe the current arrangement for securing the
AFrR.
owned fuel transport via a fully devetopxi system owned by one or more of the project participate
MUM M fitly executed firm transportation contract exists between the developer(s) and fuel transporter(s)
1.171— a letter ofinten# for fuel irarrslxxt exists between developer's) and firel transporter(s)
SpcA = fuel transition will be ptrehased on the spot market
none - no Finn fuel transportation arrangement ment currently in place
other - fuel transportation arrangement which does not fit arty of the above categories (please dttmibe)
• Indicate the percentage of the Facility's AFR which is covered by the above fines supply arrangement's) for each proposed
operating year, The percent of AFR covered for each operating year must total 1000%. For fuel supply arnmitements identified
as owned, conlract, or LOT, provide documentation to support this category and explain the transpwrtation price mechanism of
the anartgement.
• Provide the maximum, minimum, and average fuel inventory levels to be maintained for primary arks secondary fuels at the
Facility site, List the assumptions meed in determining Ute inventory levels.
(t Trimmed an Sheet No. 10.317)
Issued by, S. i? Romig, Director, Rates and Tariffs
Effective: May22,2007
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 46
t'LIJJV.Vt1 t"VYY nm of t,tlstlt 1.V1Vll"HIV .r
(Continued from SheetNo.10.316)
IV. PLANT DISPATCHABTLITY/CONTROLLABII,TTY
Attachment A
'sneer iso. tu..at i
• Provide the following operating characteristics and a detailed explanation supporting the performance capabilities indicated.
+ Ramp Rate (MW/minute)
+ Peak Capability (%o above Committed Capacity)
+ Iafinimum power level ("/• of Coaunitted Capacity)
+ Facility Tuunnarotind ,rime, Hot to Hot (liours)
+ Start-up 11mc front Cold Shutdown (harts)
s Unit Cycling (4 cyclestyr)
+ MW and MVAR Control (AGC, Mamtal.Other (glease explain))
V. srrING AND IdCFNSING
• Provide a licensing/permitting milestone schedule which lists all permits, licenses and variances rectuired to site the Facility
'Itte milestone schedule shall also identify key rtolestont dates for baseline nxrrtiWriM application prepailhott, agowy review,
oerfification and licertsing/siting board approval, and agency permit issuance.
• Provide a lieensinglpormittin>;g plan that addresses the issues of air emissions, water use, wastewater discharge, wctfand,,
endangered species, protected properties, solid waste, surrounding Land use, zoninR for the Facility, associated linear facilities,
and support of and opposition to the Facility.
+ List the emissiottefYluent discharge limits the Facility will meet, and describe in detail the pollution control equipment to be
used to meet these limits,
VT. FACILITY DEVELOPMENT AND PERFORMANCE
• Submit a detailed engineering, Procurement. construction, startup and commercial operation schedule. 'Ma schedule shall
include trilestdnes for site acquisition, engineering phases, selection ofthe tnalor equipment vendors, architect engineer, EPC
contractor, and Facility operator, steam host integratim and delivery of major equipment. A discussion ofthe current status of
each milestone should also be included where applicable.
• Attach a diagram of the power block arrangement. Provide a list of the major equipment vendors and the name and nuxlel
number of the major equipment to be bisdalled.
• Provide a detailed description of dw proposed envirorauentat control technology for the Facility and describe the eapalilitie
ofthe proposed technology,
• Attach prelirnimary flaw diagrams for the steam system, water system, and fuel system, and a main electrical one line diagra n
for die Facility,
• State die expected heat rate (HHV) at 75 degrees Fahrenheit for leads of 100%, 75%, and 50%. [n 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 l*- & L Romig, Director, Rates and Tariffs
Effective: May 22, 2007
IAS
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 47
riAjnu,YAx-tow-rj, m rake ttjiNirxNY
(Continued from Sheet No, 10.317)
Attachment A
VIM An. IU -i t is
VIL MANCIAL
• Provide FPL with assurances that the proposed QS project is finaricially viable consistent with FPSC! Rule 25-17.0832(4) (c)
by attaching a detailed pro4certa cash flow analysis. The pro-fortita mutt include, at a rninintuart, the following assumptions,
for each year of the project.
# Annual Project Revenues
• Capacity Payrrients ($ and $/KWNo)
• Variable O&M ($ and SAM)
• Energy ($ and $MNVh)
• Steam Revenues (S and */.A b,)
• Tipping Fees ($ and $/ton)
• Interest Inconic
• Other Revenues
• Variable O&M Escalation (%/yr)
• Energy Escalation (*/*(yT)
• Stearn Escalation (*/.Iyr)
• Tipping Fee Escalation (!Wyr)
+ Annual Project Expenims
Fixed O&M ($ and SIMMO)
• Variable O&M ($ and MfWh)
• Energy ($ and WWII)
• property Taxes ($)
• Insurance ($)
• Emisision Contpliame ($ Mut $/M"
Depreciation (S and Wyr)
• Other Expenses (S)
• Fixed O&M Escalation (*,'*'yr)
• Variable O&M Escalation
Energy Escalation (NYT)
* Other Project Information
• Installed Costofthe Energy Facility (S and SIM)
Corturatted Capacity (KW)
• Average Heat Rate - HHV (MBTU4(%Vh)
• Federal Incom Tax Rate (%)
• Facility Capacity Factor (04)
• Energy Said to FPL (MWH)
4 PeMMVW Financing
• Permanent Financing Tam (yrs)
• Project -Capital Structure (percentage oflong-tenn debt, subordinated debt, tax Ment debt, and equity)
• Financing CosK (cost oflong-term debt, subordinated debt, tax exempt debt and equity)
• Annual Interest Expense
• Annual Debt Service ($)
• AmortizAtion Schedule (beginning belarice. interest expense, principal reduction, ending balance)
Provide details of the finaming plan for the project and indicate whether the project will be non-recourse project financed, It it
will not be project financed please explain the alternative financing arningentent.
• Submit financial statements for the last two years c4i the principals of the project, and provide an illustration of the project
ownership structure.
Issued by: S. F- Romig, Director, Rates and Tariffs
Utective: May 22,2007
ORDER NO. PSC -2022 -0203 -PAA -EQ
DOCKET NO. 20220072 -EQ
PAGE 48
Attachment A
FLORIDA PONYF.R & I IGIIT COMPANY Original Sheet No. 10.3.19
APPENDIX E
TO THE STANDARD OFFER CONTRACT
CONTRACT OPTIONS TO BE SELECTED BY QS
Term of Contract
Execution date
Termination date
Firm Capacity Rates
Commencement date for deliveries of Film 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:
Year $iKNVAlonth
Energy Rates
Energy payment Options selected applicable to crtergy prMueed by the QS and delivered to the Company (from available
Option A or B and D)
Select from Option A or 13
And
Select I) .. ,
1fOption D is selected by the QS, the Company and the QS mutually agree on fixing and amor"ng the following portion
of the Base Energy Costs associated with the Avoided Unit
which yields MWIi
Pre>je ctti.d Energy Cant of Energy PrWitowl by Avoided Unit (provided by the Company):
Year Proiecied Fixed Enemy Cost (n Cents/KW H or in Dollars)
Based on the projections of Energy Cow Produced by the. Avoided Unit and the mutually agreed upon
Portion of the Base Fnergy Costs associated with the Avoidal Unit the Fixed Energy Payment shall be
SIMWH or $ (as applicable).
Issued by: 8, E. Romig, Director, Rates and Taritts
Effective: May 22, 2007
1,4S
JEFFREY R. SMITH, CPA, CGFO, CGMA °°UNTy '•
Clerk of Circuit Court & Comptroller
Finance Department
1801 271' Street °
Vero Beach, FL 32960
Telephone: (772) 226-1516
TO: Board of County Commissioners
FROM: Elissa Nagy, Finance Director
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: May 13, 2022
SUBJECT: Quarterly Investment Report for Quarter Ending 3/31/2022
BACKGROUND
a
s
Attached to this memorandum is the composition of the investment portfolio and investment
earnings for the second quarter of fiscal year 2022. This report was reviewed by our investment
advisory committee on May 12, 2022.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly
Investment Report.
N.
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 27t` Street
Vero Beach, FL 32960
Telephone: (772) 226-1516
Indian River County Investment Advisory Committee
Quarterly Investment Report
January 1, 2022 through March 31, 2022
INVESTMENT POLICY
In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an
Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court &
Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to
provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to
the requirements for safety and liquidity.
INVESTMENT ADVISORY COMMITTEE
An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities,
evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists
of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or
financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee.
The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding
Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group;
and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are
the Clerk of the Circuit Court & Comptroller, Finance Director, and Internal Audit Director.
AUTHORIZED INVESTMENTS
As permitted by the Investment Policy, surplus funds were invested only in the following types of
investments:
Federal Farm Credit Banks bonds and discount notes (FFCB),
Federal Home Loan Banks bonds and discount notes (FHLB),
Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC),
Federal National Mortgage Association bonds and discount notes (FNMA),
Treasury Notes and Bills,
Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act
as provided in F. S. 163.0 1,
Certificates of Deposit (CDs), Money Market Funds, and
Repurchase Agreements.
BOND PROCEEDS INVESTMENT
The current water and sewer bond reserve is held by Bank of New York/Mellon and is presently invested
in a treasury bill.
QUARTERLY AVERAGE YIELD
The overall average yield for the quarter ended March 31, 2022 was 0.32%. The overall average yield for
the quarter ended December 31, 2021 was 0.24%.
E
INVESTMENT ACTIVITY
As of March 31, 2022, the investments portfolio book value was $501,647,642 with a market value of
$494,774,004.
Of the $501,647,642 portfolio total, $389,416,437 is restricted for the following purposes:
$ 126,623,794 Special revenue projects
$ 443,063 Debt service
$ 93,550,852 Capital projects
$ 168,010,327 Business -type activities
788,401 Fiduciary funds
$ 389,416,437 TOTAL
RESTRICTED CASH BY FUND TYPE
(PERCENTAGES)
Fiduciary
Special
Business- 0.2%
Revenue
Type
Portfolio by maturity date bar graph
Schedule 4
5%
32.
43.2°/
Investment purchases, calls and maturities for the quarter
Schedule 6
Debt
Schedule 7
Service
Schedule 8
0.1%
Capital
Projects
24.0%
The weighted average maturity of the treasury and agency investments as of March 31, 2022 is 17
months. Coupon yields on the individual investments ranged from 0.08% to 2.02%.
Information on investment activity, total cash flows, interest earnings, and charts providing
additional information regarding the investment of surplus funds such as the portfolio composition
and maturity distribution are attached.
The attached schedules list the portfolio composition and activity for the quarter ending
March 31, 2022:
Schedule 1
Portfolio sorted by type of debt instrument
Schedule 2
Portfolio sorted by maturity date
Schedule 3
Portfolio by maturity date bar graph
Schedule 4
Portfolio by type pie chart
Schedule 5
Investment purchases, calls and maturities for the quarter
Schedule 6
Summary of cash flows and balances by month
Schedule 7
Interest earnings summary
Schedule 8
Allocation of investments by fiord types (unrestricted and restricted balances)
10
Schedule 1
Indian River County, Florida
Board of County Commissioners
Investments By Type
March 31, 2022
Treasury Note 912828ZDS 0.500% 02/15/22 03/15/23 0.96 1.217% $ 3,000,000.00 $ 2,977,031.25 11
1 of
03/31/22
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
FFCBCallable
3133EMMU3
0.120%
01/13/21
04/13/22
0.04
0.120%
$ 3,000,000.00
$
3,000,000.00
FFCB Callable
3133EMEB4
0.140%
10/22/20
04/22/22
0.06
0.140%
$ 3,000,000.00
$
3,000,000.00
FFCBCallable
3133EMQA3
0.080%
02/18/21
05/09/22
011
0.080%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMGP1
0.150%
11/17/20
05/16/22
0.13
0.162%
$ 3,000,000.00
$
2,999,460.00
FFCB Bullet
3133ELZN7
0.160%
05/18/20
05/18/22
0.13
0.237%
$ 3,000,000.00
$
2,995,410.00
FFCB Bullet
3133EMPR7
0.100%
03/17/21
08/02/22
0.34
0.121%
$ 3,000,000.00
$
2,999,130.00
FFCBCallable
3133ELMF7
0.120%
12/22/20
09/22/22
0.48
0.120%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMDA7
0.160%
11/02/20
10/13/22
0.54
0.165%
$ 3,000,000.00
$
2,999,700.00
FFCB Bullet
3133ENBT6
0.180%
11/23/21
01/25/23
0.82
0.308%
$ 3,000,000.00
$
2,995,500.00
FFCBCallable
3133EMQH8
0.110%
02/10/21
02/10/23
0.87
0.110%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMRQ7
0.100%
03/17/21
02/24/23
0.90
0.156%
$ 3,000,000.00
$
2,996,760.00
FFCB Bullet
3133EMSS2
0.125%
05/07/21
03/09/23
0.94
0.152%
$ 3,000,000.00
$
2,998,500.00
FFCBCallable
3133EMSTO
0.140%
03/10/21
03/10/23
0.94
0.140%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMG97
0.140%
07/01/21
05/09/23
1.11
0.225%
$ 3,000,000.00
$
2,995,260.00
FFCB Bullet
3133EMYX4
0.125%
05/10/21
05/10/23
1.11
0.160%
$ 3,000,000.00
$
2,997,900.00
FFCB Callable
3133EMKG6
0.200%
12/15/20
06/15/23
1.21
0.200%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMS37
0.125%
11/16/21
07/14/23
1.29
0.429%
$ 3,000,000.00
$
2,984,940.00
FFCBCallable
3133EL519
0.300%
12/03/21
09/01/23
1A2
0.503%
$ 3,000,000.00
$
2,989,440.00
FFCB Bullet
3133ENAL4
0.290%
12/03/21
10/12/23
153
0.578%
$ 3,000,000.00
$
2,984,070.00
FFCBCallable
3133ENBN9
0.340%
10/20/21
10/20/23
156
0.340%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133ENNJS
1.180%
02/09/22
02/09/24
1.86
1.180%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMRZ7
0.250%
09/14/21
02/26/24
191
0.291%
$ 3,000,000.00
$
2,997,000.00
FFCBCallable
3133ENQX1
1.670%
03/08/22
03/08/24
194
1.670%
$ 3,000,000.00
$
3,000,000.00
FFCBCallable
3133ENCVO
0.670%
11/02/21
05/02/24
2.09
0.670%
$ 3,000,000.00
$
3,000,000.00
FFCBCallable
3133ENQC7
1.940%
03/03/22
09/03/24
2.43
1.940%
$ 3,000,000.00
$
3,000,000.00
FFCB Bullet
3133ENCA6
0.700%
10/25/21
10/25/24
2.57
0.700%
$ 3,000,000.00
$
3,000,000.00
$ 78,000,000.00
$
77,933,070.00
15.55%
FHLB Callable
3130AJQQ5
0.300%
06/30/20
06/30/22
0.25
0.300%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AITM1
0.260%
07/28/20
07/28/22
0.33
0.260%
$ 3,000,000.00
$
3,000,000.00
FHLB Bullet
3130ALRG1
0.125%
12/03/21
03/17/23
0.96
0.351%
$ 3,000,000.00
$
2,991,300.00
FHLB Callable
3130AMSP3
0.180%
04/28/21
04/28/23
1.08
0.180%
$ 3,000,000.00
$
3,000,000.00
FHLB Bullet
3130AMRYO
0.125%
07/09/21
06/02/23
1.17
0.183%
$ 3,000,000.00
$
2,996,700.00
FHLB Callable
313OAKL38
0.155%
12/30/20
06/30/23
1.25
0.155%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AN7N4
0.220%
08/10/21
08/10/23
1.36
0.220%
$ 3,000,000.00
$
3,000,000.00
FHLB Bullet
3130AJXD6
0.125%
09/28/21
09/08/23
1.44
0.275%
$ 3,000,000.00
$
2,991,300.00
FHLB Callable
313OAQDWO
0.650%
12/29/21
12/29/23
1.75
0.650%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
313OAQ576
0.750%
12/29/21
12/29/23
1.75
0.750%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANFPO
0.350%
08/23/21
02/23/24
1.90
0.350%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APXNO
0.820%
12/14/21
03/14/24
1.96
0.820%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMV33
0.300%
06/29/21
04/29/24
2.08
0.300%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMMM1
0.375%
06/03/21
06/03/24
2.18
0.375%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMLM2
0.375%
06/07/21
06/07/24
2.19
0.375%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMKX9
0.400%
06/07/21
06/07/24
2.19
0.400%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMKZ4
0.400%
06/10/21
06/10/24
2.20
0.400%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APYD1
0.900%
12/14/21
06/14/24
2.21
0.900%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMSFO
0.400%
07/01/21
06/28/24
2.25
0.471%
$ 3,000,000.00
$
2,993,700.00
FHLB Callable
3130AMXQO
0.475%
07/12/21
07/12/24
2.28
0.475%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130AMZ88
0.520%
07/12/21
07/12/24
2.28
0.520%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APQVD
1.000%
11/16/21
08/16/24
2.38
1.000%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APB52
1.000%
11/23/21
08/23/24
2.40
1.000%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANVA5
0.500%
09/10/21
09/10/24
2.45
0.500%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130ANRP7
0.500%
09/13/21
09/13/24
2.46
0.500%
$ 3,000,000.00
$
3,000,000.00
FHLB Callable
3130APAA3
0.555%
10/21/21
10/21/24
2.56
0.555%
5 3,000,000.00
$
3,000,000.00
$ 78,000,000.00
$
77,973,000.00
15.56%
FHLMC Bullet
3137EAET2
0.125%
11/17/20
07/25/22
0.32
0.146%
$ 3,000,000.00
$
2,998,950.00
FHLMC Callable
3134GW7EO
0.200%
11/16/20
02/16/23
0.88
0.200%
$ 3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAEQS
0.375%
11/24/21
04/20/23
1.05
0.398%
$ 3,000,000.00
$
2,999,040.00
FHLMC Callable
3134GXEXB
0.250%
12/02/20
06/01/23
1.17
0.250%
$ 3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAES4
0.250%
10/20/21
06/26/23
1.24
0.334%
$ 3,000,000.00
$
2,995,770.00
FHLMC Bullet
3137EAEV7
0.250%
11/22/21
08/24/23
1.40
0.433%
$ 3,000,000.00
$
2,990,400.00
FHLMC Bullet
3137EAEWS
0.250%
09/28/21
09/08/23
1.44
0.276%
$ 3,000,000.00
$
2,998,500.00
FHLMC Bullet
3137EAEY1
0.125%
11/18/21
10/16/23
1.55
0.505%
$ 3,000,000.00
$
2,978,340.00
FHLMC Callable
3134GW6E1
0.320%
07/06/21
11/02/23
1.59
0.320%
$ 3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAEZ8
0.250%
11/24/21
11/06/23
1.61)
0.579%
$ 3,000,000.00
$
2,980,890.00
FHLMC Bullet
3137EAEZ8
0.250%
10/08/21
11/06/23
1.61)
0.286%
$ 3,000,000.00
$
2,997,750.00
FHLMC Callable
3134GXMM3
1.850%
03/22/22
03/22/24
1.98
1.850%
$ 3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXPH1
2.020%
03/30/22
03/28/24
1.99
2.020%
$ 3,000,000.00
$
3,000,000.00
$ 39,000,000.00
$
38,939,640.00
7.77%
FNMA Bullet
3135GO4Q3
0.250%
11/12/21
05/22/23
1.14
0.375%
$ 3,000,000.00
$
2,994,300.00
FNMA Bullet
3135G04Q3
0.250%
03/18/22
05/22/23
1.14
1.540%
$ 3,000,000.00
5
2,955,000.00
FNMA Bullet
3135GOSG4
0.250%
09/29/21
07/10/23
1.28
0.250%
$ 3,000,000.00
$
3,000,000.00
FNMA Bullet
3135GOSG4
0.250%
11/22/21
07/10/23
1.28
0.367%
$ 3,000,000.00
$
2,994,300.00
FNMACallable
3135GOST6
0.350%
11/18/21
08/18/23
1.38
0.488%
$ 3,000,000.00
$
2,992,770.00
FNMACallable
3136G471-1
0.350%
09/28/21
04/26/24
2.07
0.434%
$ 3,000,000.00
$
2,993,520.00
$ 18,000,000.00
$
17,929,890.00
3.58%
Treasury Note
91282CAN1
0.125%
02/18/22
09/30/22
0.50
0.743%
$ 3,000,000.00
$
2,988,690.00
Treasury Note
91282CBGS
0.125%
12/13/21
01/31/23
0.84
0.350%
$ 3,000,000.00
$
2,992,380.00
Treasury Note
91282CBGS
0.125%
10/26/21
01/31/23
0.84
0.212%
$ 3,000,000.00
$
2,996,700.00
Treasury Note
91282CBNO
0.125%
10/29/21
02/28/23
0.92
0.275%
$ 3,000,000.00
$
2,994,000.00
Treasury Note 912828ZDS 0.500% 02/15/22 03/15/23 0.96 1.217% $ 3,000,000.00 $ 2,977,031.25 11
1 of
Schedule 1
Indian River County, Florida
Board of County Commissioners
investments By Type
March 31, 2022
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds.
2 oft
$445,123.42
$501,647,641.75
12
03/31/22
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Portfolio
Investment Type CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
%
Treasury Note 91282CBU4
0.125%
11/23/21
03/31/23
1.00
0.368%
$ 3,000,000.00
$ 2,990,160.00
Treasury Note 912828ZH6
0.250%
02/14/22
04/15/23
1.04
1.220%
$ 3,000,000.00
$ 2,966,250.00
Treasury Note 912828ZH6
0.250%
12/13/21
04/15/23
1.04
0.445%
$ 3,000,000.00
$ 2,992,200.00
Treasury Note 91282CBXB
0.125%
10/26/21
04/30/23
1.08
0.311%
$ 3,000,000.00
$ 2,991,600.00
Treasury Note 912828ZP8
0.125%
02/14/22
05/15/23
1.12
1.259%
$ 3,000,000.00
$ 2,958,000.00
Treasury Note 912828ZY9
0.125%
05/17/21
07/15/23
1.29
0.169%
$ 6,000,000.00
$ 5,994,360.00
Treasury Note 912828592
1.250%
02/15/22
07/31/23
1.33
1.392%
$ 3,000,000.00
$ 2,993,850.00
Treasury Note 91282CCN9
0.125%
11/16/21
07/31/23
1.33
0.451%
$ 3,000,000.00
$ 2,983,380.00
Treasury Note 91282CAF8
0.125%
05/26/21
08/15/23
1.38
0.175%
$ 6,000,000.00
$ 5,993,400.00
Treasury Note 91282CCU3
0.125%
09/27/21
08/31/23
1.42
0.262%
$ 4,000,000.00
$ 3,989,520.00
Treasury Note 91282CAK7
0.125%
05/20/21
09/15/23
1.46
0.181%
$ 6,000,000.00
$ 5,992,200.00
Treasury Note 912828726
1.375%
02/15/22
09/30/23
1.50
1.482%
$ 3,000,000.00
$ 2,994,843.75
Treasury Note 91282CDAS
0.250%
10/19/21
09/30/23
1.50
0.405%
$ 3,000,000.00
$ 2,991,000.00
Treasury Note 91282CAP6
0.125%
08/23/21
10/15/23
1.54
0.250%
$ 3,000,000.00
$ 2,991,960.00
Treasury Note 91282CAP6
0.125%
11/16/21
10/15/23
1.54
0.499%
$ 3,000,000.00
$ 2,978,700.00
Treasury Note 91282CDDO
0.375%
11/01/21
10/31/23
1.59
0.501%
$ 3,000,000.00
$ 2,992,500.00
Treasury Note 91282CAW1
0.250%
09/27/21
11/15/23
1.63
0.306%
$ 4,000,000.00
$ 3,995,200.00
Treasury Note 91282CBEO
0.125%
07/09/21
01/15/24
1.79
0.271%
$ 3,000,000.00
$ 2,989,050.00
Treasury Note 91282CBEO
0.125%
11/16/21
01/15/24
1.79
0.596%
$ 3,000,000.00
$ 2,969,700.00
Treasury Note 91282CDVO
0.875%
03/23/22
01/31/24
1.84
2.158%
$ 3,000,000.00
$ 2,930,190.00
Treasury Note 91282CBM2
0.125%
07/09/21
02/15/24
1.88
0.288%
$ 3,000,000.00
$ 2,987,343.75
Treasury Note 91282CEA5
1.500%
03/23/22
02/29/24
1.92
2.154%
$ 3,000,000.00
$ 2,962,968.75
Treasury Note 91282CBR1
0.250%
08/23/21
03/15/24
1.96
0.327%
$ 3,000,000.00
$ 2,994,090.00
Treasury Note 91282CBR1
0.250%
10/19/21
03/15/24
196
0.547%
$ 3,000,000.00
$ 2,978,700.00
Treasury Note 91282CBV2
0.375%
09/27/21
04/15/24
2,04
0.418%
$ 4,000,000.00
$ 3,995,640.00
Treasury Note 91282CBV2
0.375%
10/19/21
04/15/24
2.04
0.572%
$ 3,000,000.00
$ 2,985,450.00
Treasury Note 91282CCC3
0.250%
12/03/21
05/15/24
2.13
0.770%
$ 3,000,000.00
$ 2,962,170.00
Treasury Note 912820003
0.250%
08/23/21
05/15/24
2.13
0.375%
$ 3,000,000.00
$ 2,989,860.00
Treasury Note 91282CCL3
0.375%
10/08/21
07/15/24
229
0.500%
$ 3,000,000.00
$ 2,989,710.00
Treasury Note 91282CCr6
0.375%
12/03/21
08/15/24
238
0.825%
$ 3,000,000.00
$ 2,964,000.00
$ 117,000,000.00
$ 116,436,797.50
23.23%
Regions Bank Money Market
$ 6,087,831.85
1.20%
Regions Bank Lockbox Accounts
$ 956,617.33
0.19%
TD Bank Checking Account
$ 29,366,955.25
5.86%
BankUnited Money Market
$ 26,974,833.37
5.38%
Valley National Bank Government Interest Checking
$ 19,977,917.18
3.99%
Marine Bank Business Money Market
$ 8,228,843.24
1.64%
Florida Trust Day to Day Fund
$ 22,029,345.17
4.40%
FL STAR
$ 20,026,256.71
4.00%
FL CLASS - BOCC Funds
$ 29,667,901.39
5.92%
Total General Cash & Equivalents - Unrestricted
$ 492,528,898.99
Restricted Cash -Bond Covenants (held
by BNY/Mellon)
Cash -Dreyfus Fund -Utilities Debt Service
Reserve
$ 75,779.14
Treasury Bill 912796H44
0.000%
05/27/21
05/19/22
0.13
0.025%
$ 1,100,000.00
$1,099,637.00
Total Restricted Bond Reserve - adjusted for fair market value
$ 1,175,416.14
0.23%
Restricted Cash - Landfill
FL CLASS -Landfill Closure & Postclosure
Reserves
$ 7,498,203.20
1.50%
Total Pooled Cash & Equivalents
$501,202,518.33
100.00%
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds.
2 oft
$445,123.42
$501,647,641.75
12
Schedule 2
Indian River County, Florida
Board of County Commissioners
Investment By Maturity Date
March 31. 2022
13
03/31/22
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
Mo Cash Flow
FFCB Callable
3133EMMU3
0.120%
01/13/21
04/13/22
0.04
0.120%
$
3,000,000.00
$
3,000,000.00
FFCB Callable
3133EMEB4
0.140%
10/22/20
04/22/22
0.06
0.140%
$
3,000,000.00
$
3,000,000.00
$ 6,000,000.00
FFCB Callable
3133EMQA3
0.080%
02/18/21
05/09/22
0.11
0.080%
$
3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMGP1
0.150%
11/17/20
05/16/22
0.13
0.162%
$
3,000,000.00
$
2,999,460.00
FFCB Bullet
3133ELZN7
0.160%
05/18/20
05/18/22
0.13
0.237%
$
3,000,000.00
$
2,995,410.00
$ 9,000,000.00
FHLB Callable
3130AJQQS
0.300%
06/30/20
06/30/22
0.25
0.300%
$
3,000,000.00
$
3,000,000.00
$ 3,000,000.00
FHLMC Bullet
3137EAEF2
0.125%
11/17/20
07/25/22
0.32
0.146%
$
3,000,000.00
$
2,998,950.00
FHLB Callable
3130AJTM1
0.260%
07/28/20
07/28/22
0.33
0.260%
$
3,000,000.00
$
3,000,000.00
$ 6,000,000.00
FFCB Bullet
3133EMPR7
0.100%
03/17/21
08/02/22
0.34
0.121%
$
3,000,000.00
$
2,999,130.00
$ 3,000,000.00
FFCB Callable
3133ELMF7
0.120%
12/22/20
09/22/22
0.48
0.120%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CAN1
0.125%
02/18/22
09/30/22
0.50
0.743%
$
3,000,000.00
$
2,988,690.00
$ 6,000,000.00
FFCB Bullet
3133EMOA7
0.160%
11/02/20
10/13/22
0.54
0.165%
$
3,000,000.00
$
2,999,700.00
$ 3,000,000.00
FFCB Bullet
3133ENBT6
0.180%
11/23/21
01/25/23
0.82
0.308%
$
3,000,000.00
$
2,995,500.00
Treasury Note
91282CBGS
0.125%
12/13/21
01/31/23
0.84
0.350%
$
3,000,000.00
$
2,992,380.00
Treasury Note
91282CBGS
0.125%
10/26/21
01/31/23
0.84
0.212%
$
3,000,000.00
$
2,996,700.00
$ 9,000,000.00
FFCB Callable
3133EMQH8
0.110%
02/10/21
02/10/23
0.87
0.110%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GW7EO
0.200%
11/16/20
02/16/23
0.88
0.200%
$
3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMRQ7
0.100%
03/17/21
02/24/23
0.90
0.156%
$
3,000,000.00
$
2,996,760.00
Treasury Note
91282CBNO
0.125%
10/29/21
02/28/23
0.92
0.275%
$
3,000,000.00
$
2,994,000.00
$ 12,000,000.00
FFCB Bullet
3133EM552
0.125%
05/07/21
03/09/23
0.94
0.152%
$
3,000,000.00
$
2,998,500.00
FFCB Callable
3133EMSTO
0.140%
03/10/21
03/10/23
0.94
0.140%
$
3,000,000.00
$
3,000,000.00
Treasury Note
912828ZDS
0.500%
02/15/22
03/15/23
0.96
1.217%
$
3,000,000.00
$
2,977,031.25
FHLB Bullet
3130ALRGI
0.125%
12/03/21
03/17/23
0.96
0.351%
$
3,000,000.00
$
2,991,300.00
Treasury Note
91282CBU4
0.125%
11/23/21
03/31/23
1.00
0.368%
$
3,000,000.00
$
2,990,160.00
$ 15,000,000.00
FHLB Callable
3130AMSP3
0.180%
04/28/21
04/28/23
1.08
0.180%
$
3,000,000.00
$
3,000,000.00
Treasury Note
912828ZH6
0.250%
12/13/21
04/15/23
1.04
0.445%
$
3,000,000.00
$
2,992,200.00
Treasury Note
912828ZH6
0.250%
02/14/22
04/15/23
1.04
1.220%
$
3,000,000.00
$
2,966,250.00
FHLMC Bullet
3137EAEQ8
0.375%
11/24/21
04/20/23
1.05
0.398%
$
3,000,000.00
$
2,999,040.00
Treasury Note
91282CBX8
0.125%
10/26/21
04/30/23
1.08
0.311%
$
3,000,000.00
$
2,991,600.00
$ 15,000,000.00
FFCB Bullet
3133EMG97
0.140%
07/01/21
05/09/23
1.11
0.225%
$
3,000,000.00
$
2,995,260.00
FFCB Bullet
3133EMYX4
0.125%
05/10/21
05/10/23
1.11
0.160%
$
3,000,000.00
$
2,997,900.00
Treasury Note
912828ZP8
0.125%
02/14/22
05/15/23
1.12
1.259%
$
3,000,000.00
$
2,958,000.00
FNMA Bullet
3135G04Q3
0.250%
03/18/22
05/22/23
1.14
1.540%
$
3,000,000.00
$
2,955,000.00
FNMA Bullet
3135G04Q3
0.250%
11/12/21
05/22/23
1.14
0.375%
$
3,000,000.00
$
2,994,300.00
$ 15,000,000.00
FHLMC Callable
3134GXEX8
0.250%
12/02/20
06/01/23
1.17
0.250%
$
3,000,000.00
$
3,000,000.00
FHLB Bullet
3130AMRYO
0.125%
07/09/21
06/02/23
1.17
0.183%
$
3,000,000.00
$
2,996,700.00
FFCB Callable
3133EMKG6
0.200%
12/15/20
06/15/23
1.21
0.200%
$
3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAE54
0.250%
10/20/21
06/26/23
1.24
0.334%
$
3,000,000.00
$
2,995,770.00
FHLB Callable
313OAKL38
0.155%
12/30/20
06/30/23
1.25
0.155%
$
3,000,000.00
$
3,000,000.00
$ 15,000,000.00
FNMA Bullet
3135GOSG4
0.250%
09/29/21
07/10/23
1.28
0.250%
$
3,000,000.00
$
3,000,000.00
FNMA Bullet
3135GOSG4
0.250%
11/22/21
07/10/23
1.28
0.367%
$
3,000,000.00
$
2,994,300.00
FFCB Bullet
3133EMS37
0.125%
11/16/21
07/14/23
1.29
0.429%
$
3,000,000.00
$
2,984,940.00
Treasury Note
912828ZY9
0.125%
05/17/21
07/15/23
1.29
0.169%
$
6,000,000.00
$
5,994,360.00
Treasury Note
912828592
1.250%
02/15/22
07/31/23
1.33
1.392%
$
3,000,000.00
$
2,993,850.00
Treasury Note
91282CCN9
0.125%
11/16/21
07/31/23
1.33
0.451%
$
3,000,000.00
$
2,983,380.00
$ 21,000,000.00
FHLB Callable
3130AN7N4
0.220%
08/10/21
08/10/23
1.36
0.220%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CAFS
0.125%
05/26/21
08/15/23
1.38
0.175%
$
6,000,000.00
$
5,993,400.00
FNMACallable
3135GOSTS
0.350%
11/18/21
08/18/23
1.38
0.488%
$
3,000,000.00
$
2,992,770.00
FHLMC Bullet
3137EAEV7
0.250%
11/22/21
08/24/23
1.40
0.433%
$
3,000,000.00
$
2,990,400.00
Treasury Note
91282CCU3
0.125%
09/27/21
08/31/23
1.42
0.262%
$
4,000,000.00
$
3,989,520.00
$ 19,000,000.00
FFCB Callable
3133EL519
0.300%
12/03/21
09/01/23
1.42
0.503%
$
3,000,000.00
$
2,989,440.00
FHLB Bullet
3130AIXD6
0.125%
09/28/21
09/08/23
1.44
0.275%
$
3,000,000.00
$
2,991,300.00
FHLMC Bullet
3137EAEWS
0.250%
09/28/21
09/08/23
1.44
0.276%
$
3,000,000.00
$
2,998,500.00
Treasury Note
91282CAK7
0.125%
05/20/21
09/15/23
1.46
0.181%
$
6,000,000.00
$
5,992,200.00
Treasury Note
912828726
1.375%
02/15/22
09/30/23
1.50
1.482%
$
3,000,000.00
$
2,994,843.75
Treasury Note
91282CDA6
0.250%
10/19/21
09/30/23
1.50
0.405%
5
3,000,000.00
$
2,991,000.00
$ 21,000,000.00
FFCB Bullet
3133ENAL4
0.290%
12/03/21
10/12/23
1.53
0.578%
$
3,000,000.00
$
2,984,070.00
Treasury Note
91282CAP6
0.125%
08/23/21
10/15/23
1.54
0.250%
$
3,000,000.00
$
2,991,960.00
Treasury Note
91282CAP6
0.125%
11/16/21
10/15/23
1.54
0.499%
$
3,000,000.00
$
2,978,700.00
FHLMC Bullet
3137EAEY3
0.125%
11/18/21
10/16/23
1.55
0.505%
$
3,000,000.00
$
2,978,340.00
FFCB Callable
3133ENBN9
0.340%
10/20/21
10/20/23
1.56
0.340%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CDDO
0.375%
11/01/21
10/31/23
1.59
0.501%
$
3,000,000.00
$
2,992,500.00
$ 18,000,000.00
FHLMCCallable
3134GW6E1
0.320%
07/06/21
11/02/23
1.59
0.320%
$
3,000,000.00
$
3,000,000.00
FHLMC Bullet
3137EAEZ8
0.250%
10/08/21
11/06/23
1.60
0.286%
$
3,000,000.00
$
2,997,750.00
FHLMC Bullet
3137EAEZ8
0.250%
11/24/21
11/06/23
1.60
0.579%
$
3,000,000.00
$
2,980,890.00
Treasury Note
91282CAW3
0.250%
09/27/21
11/15/23
1.63
0.306%
$
4,000,000.00
$
3,995,200.00
$ 13,000,000.00
FHLB Callable
313OAQDWO
0.650%
12/29/21
12/29/23
1.75
0.650%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
313OAQ5T6
0.750%
12/29/21
12/29/23
1.75
0.750%
$
3,000,000.00
$
3,000,000.00
$ 6,000,000.00
Treasury Note
91282CBEO
0.125%
07/09/21
01/15/24
1.79
0.271%
$
3,000,000.00
$
2,989,050.00
Treasury Note
91282CBEO
0.125%
11/16/21
01/15/24
1.79
0.596%
$
3,000,000.00
$
2,969,700.00
Treasury Note
91282CDVO
0.875%
03/23/22
01/31/24
1.84
2.158%
$
3,000,000.00
$
2,930,190.00
$ 9,000,000.00
FFCB Bullet
3133ENNJS
1.180%
02/09/22
02/09/24
1.86
1.180%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CBM2
0.125%
07/09/21
02/15/24
1.88
0.288%
$
3,000,000.00
$
2,987,343.75
FHLB Callable
3130ANFPO
0.350%
08/23/21
02/23/24
1.90
0.350%
$
3,000,000.00
$
3,000,000.00
FFCB Bullet
3133EMRZ7
0.250%
09/14/21
02/26/24
1.91
0.291%
$
3,000,000.00
$
2,997,000.00
Treasury Note
91282CEAS
1.500%
03/23/22
02/29/24
1.92
2.154%
$
3,000,000.00
$
2,962,968.75
$ 15,000,000.00
FFCB Callable
3133ENQX1
1.670%
03/08/22
03/08/24
1.94
1.670%
$
3,000,000.00
$
3,000,000.00
FHLB Callable
3130APXNO
0.820%
12/14/21
03/14/24
1.96
0.820%
$
3,000,000.00
$
3,000,000.00
Treasury Note
91282CBRI
0.250%
10/19/21
03/15/24
1.96
0.547%
$
3,000,000.00
$
2,978,700.00
Treasury Note
91282CBR1
0.250%
08/23/21
03/15/24
1.96
0.327%
$
3,000,000.00
$
2,994,090.00
FHLMC Callable
3134GXMM3
1.850%
03/22/22
03/22/24
1.98
1.850%
$
3,000,000.00
$
3,000,000.00
FHLMC Callable
3134GXPH1
2.020%
03/30/22
03/28/24
1.99
2.020%
$
3,000,000.00
$
3,000,000.00
$ 18,000,000.00
Treasury Note
91282CBV2
0.375%
09/27/21
04/15/24
2.04
0.418%
$
4,000,000.00
$
3,995,640.00
Treasury Note
91282CBV2
0.375%
10/19/21
04/15/24
2.04
0.572%
$
3,000,000.00
$
2,985,450.00
FNMACallable
3136G471.1
0.350%
09/28/21
04/26/24
2.07
0.434%
$
3,000,000.00
$
2,993,520.00
1 of
13
Regions Bank Money Market
Regions Lockbox Accounts
TO, Bank Checking Account
BankUnited Money Market
Valley National Bank Government Interest Checking
Marine Bank Business Money Market
Florida Trust Day to Day Fund
FL STAR
FL CLASS - BOCC Funds
Total General Cash & Equivalents - Unrestricted
Restricted Cash -Bond Covenants (held by BNY/Mellon)
Cash -Dreyfus Fund -Utilities Debt Service Reserve
Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22
Total Restricted Bond Reserve - adjusted for fair market value
Restricted Cash - Landfill
FL CLASS -Landfill Closure & Postclosure Reserves
Total Pooled Cash & Equivalents
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds
$6,087,831.85
$956,617.33
$29,366,955.25
$26,974,833.37
$19,977,917.18
$8,228,843.24
$22,029,345.17
$20,026,256.71
$29,667,901.39
$ 492,528,898.99
$ 75,779.14
0.63 0.025% $ 1,100,000.00 $1,099,637.00
$ 1,175,416.14
2 oft
$ 7,498,203.20
$ 501,202,518.33
$445,123.42
$ 501,647,641.75
14
Schedule 2
Indian River County,
Florida
Board of County Commissioners
Investment
By Maturity Date
March 31,
2022
03/31/22
Coupon/
Purchase
Maturity
Years To
Yield To
Original
Investment Type
CUSIP
Yield
Date
Date
Maturity
Maturity
Par Amount
Book Value
Mo Cash Flow
FHLB Callable
3130AMV33
0.300%
06/29/21
04/29/24
2.08
0.300%
$ 3,000,000.00
$ 3,000,000.00
$ 13,000,000.00
FFCB Callable
3133ENCVO
0.670%
11/02/21
05/02/24
2.09
0.670%
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
91282CCC3
0.250%
12/03/21
05/15/24
2.13
0.770%
$ 3,000,000.00
$ 2,962,170.00
Treasury Note
912820003
0.250%
08/23/21
05/15/24
2.13
0.375%
$ 3,000,000.00
$ 2,989,860.00
$ 9,000,000.00
FHLB Callable
3130AMMM1
0.375%
06/03/21
06/03/24
2.18
0.375%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130AMLM2
0.375%
06/07/21
06/07/24
2.19
0.375%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130AMKX9
0.400%
06/07/21
06/07/24
2.19
0.400%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130AMKZ4
0.400%
06/10/21
06/10/24
2.20
0.400%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130APYD1
0.900%
12/14/21
06/14/24
2.21
0.900%
$ 3,000,000.00
$ 3,000,000.00
FHLBCallable
3130AMSFO
0.400%
07/01/21
06/28/24
2.25
0.471%
$ 3,000,000.00
$ 2,993,700.00
$ 18,000,000.00
FHLB Callable
3130AMXQO
0.475%
07/12/21
07/12/24
2.28
0.475%
$ 3,000,000.00
$ 3,000,000.00
FHLBCallable
3130AMZ88
0.520%
07/12/21
07/12/24
2.28
0.520%
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
91282CCL3
0.375%
10/08/21
07/15/24
2.29
0.500%
$ 3,000,000.00
$ 2,989,710.00
$ 9,000,000.00
Treasury Note
91282CCf6
0.375%
12/03/21
08/15/24
2.38
0.825%
$ 3,000,000.00
$ 2,964,000.00
FHLB Callable
3130APQVO
1.000%
11/16/21
08/16/24
2.38
1.000%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130APBS2
1.000%
11/23/21
08/23/24
2.40
1.000%
$ 3,000,000.00
$ 3,000,000.00
$ 9,000,000.00
FFCB Callable
3133ENQC7
1.940%
03/03/22
09/03/24
2.43
1.940%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130ANVA5
0.500%
09/10/21
09/10/24
2.45
0.500%
$ 3,000,000.00
$ 3,000,000.00
FHLB Callable
3130ANRP7
0.500%
09/13/21
09/13/24
2.46
0.500%
$ 3,000,000.00
$ 3,000,000.00
$ 9,000,000.00
FHLB Callable
3130APAA3
0.555%
10/21/21
10/21/24
2.56
0.555%
$ 3,000,000.00
$ 3,000,000.00
FFCB Bullet
3133ENCA6
0.700%
10/25/21
10/25/24
2.57
0.700%
$ 3,000,000.00
$ 3,000,000.00
$ 6,000,000.00
Sub Total- General Investments
$ 330,000,000.00
$ 329,212,397.50
$ 330,000,000.00
Regions Bank Money Market
Regions Lockbox Accounts
TO, Bank Checking Account
BankUnited Money Market
Valley National Bank Government Interest Checking
Marine Bank Business Money Market
Florida Trust Day to Day Fund
FL STAR
FL CLASS - BOCC Funds
Total General Cash & Equivalents - Unrestricted
Restricted Cash -Bond Covenants (held by BNY/Mellon)
Cash -Dreyfus Fund -Utilities Debt Service Reserve
Treasury Bill 9127961-144 0.000% 05/27/21 05/19/22
Total Restricted Bond Reserve - adjusted for fair market value
Restricted Cash - Landfill
FL CLASS -Landfill Closure & Postclosure Reserves
Total Pooled Cash & Equivalents
Restricted Cash - Housing Account
Total Portfolio
Note: See separate investment report for OPEB funds
$6,087,831.85
$956,617.33
$29,366,955.25
$26,974,833.37
$19,977,917.18
$8,228,843.24
$22,029,345.17
$20,026,256.71
$29,667,901.39
$ 492,528,898.99
$ 75,779.14
0.63 0.025% $ 1,100,000.00 $1,099,637.00
$ 1,175,416.14
2 oft
$ 7,498,203.20
$ 501,202,518.33
$445,123.42
$ 501,647,641.75
14
Schedule 3
Indian River County
Portfolio By Maturity Date
March 31, 2022
$300,000,000
$250,000,000
$200,000,000
$184,424,676
$150,000,000
$100,000,000
$72,874,050
$50,000,000
$0
T —
0-12 Months 13-24 Months 25-36 Months
Total Portfolio $501,647,642 15
UT
ReservE
0.23%
Treasury
Schedule 4
Indian River County
Portfolio By Type
March 31, 2022
BankUnited 5.38% I rrvivvA,s.oaio
Marine Bank 1.64%
t Natl Bank 3.99%
D Bank Checking
5.86%
FHLB 15.56%
16
Schedule 5
Indian River County
Investment Purchases and Calls/Maturities
Quarter Ending
March 31, 2022
PURCHASES:
Investment
Description
Yield to Maturity
Purchase Date
Call Date
Maturity Date
Par Amount
Book Value
FFCB Bullet
1.180%
02/09/22
02/09/24
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
1.220%
02/14/22
04/15/23
$ 3,000,000.00
$ 2,966,250.00
Treasury Note
1.259%
02/14/22
05/15/23
$ 3,000,000.00
$ 2,958,000.00
Treasury Note
1.217%
02/15/22
03/15/23
$ 3,000,000.00
$ 2,977,031.25
Treasury Note
1.392%
02/15/22
07/31/23
$ 3,000,000.00
$ 2,993,850.00
Treasury Note
1.482%
02/15/22
09/30/23
$ 3,000,000.00
$ 2,994,843.75
Treasury Note
0.743%
02/18/22
09/30/22
$ 3,000,000.00
$ 2,988,690.00
FFCB Callable
1.940%
03/03/22
06/03/22
09/03/24
$ 3,000,000.00
$ 3,000,000.00
FFCB Callable
1.670%
03/08/22
03/08/23
03/08/24
$ 3,000,000.00
$ 3,000,000.00
FNMA Bullet
1.540%
03/18/22
05/22/23
$ 3,000,000.00
$ 2,955,000.00
FHLMC Callable
1.850%
03/22/22
04/22/22
03/22/24
$ 3,000,000.00
$ 3,000,000.00
Treasury Note
2.158%
03/23/22
01/31/24
$ 3,000,000.00
$ 2,930,190.00
Treasury Note
2.154%
03/23/22
02/29/24
$ 3,000,000.00
$ 2,962,968.75
FHLMC Callable
2.020%
03/30/22
04/28/22
1
03/28/24
$ 3,000,000.00
$ 3,000,000.00
14
1 $ 42,000,000.00
1 $ 41,726,823.75
MATURITIES:
Investment
Description
Yield to Maturi
Purchase Date
Early
Call Date
Maturity Date
Par Amount
Book Value
Treasury Bill
0.021%
05/13/21
01/27/22
$ 3,000,000.00
$ 2,999,546.75
Treasury Note
1.565%
11/21/19
01/31/22
$ 3,000,000.00
$ 2,995,770.00
FFCB Bullet
0.150%
09/30/20
02/24/22
$ 3,000,000.00
$ 3,000,000.00
FFCB Bullet
1.464%
02/24/20
02/24/22
$ 3,000,000.00
$ 2,999,160.00
Treasury Bill
0.031%
05/13/21
1
03/24/22
1
$ 3,000,000.00
$ 2,999,186.25
5
$ 15,000,000.00
1 $ 14,993,663.00
Reconciliation of General Investments Only:
Beginning portfolio (12/31/21) $ 302,479,236.75
Total purchased 14 securities $ 41,726,823.75
Total matured 5 securities $ 14,993,663.00
Ending portfolio for quarter (3/31/22) $ 329,212,397.50
17
I oft
October
November
December
January
February
March
April
May
June
July
August
September
Net cash flow
October
November
December
January
February
March
April
May
June
July
August
September
Net cash flow
Schedule 6
Indian River County
Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts
Comparison of Six Fiscal Years
March 31, 2022
Fiscal Year 2016-2017
Net Chane
Month End Bal*
$ (6,856,660)
$ 314,462,401
$ 29,862,090
$ 344,324,491
$ 37,277,098
$ 381,601,589
$ (931,868)
$ 380,669,721
$ (2,015,776)
$ 378,653,945
$ 442,916
$ 379,096,861
$ (2,740,420)
$ 376,356,441
$ (4,378,477)
$ 371,977,964
$ (6,628,797)
$ 365,349,167
$ (10,868,408)
$ 354,480,759
$ (9,027,471)
$ 345,453,288
$ 5,877,090
$ 339,576,198
18,257,137
12,246,355
Fiscal Year 2019-2020
Net Chane
Net Chane
Month End Bal*
$
(9,260,244)
$ 370,053,869
$
39,158,339
$ 409,212,208
$
47,023,081
$ 456,235,289
$
(6,941,131)
$ 449,294,158
$
(1,465,745)
$ 447,828,413
$
(5,997,667)
$ 441,830,746
$
(5,331,833)
$ 436,498,913
$
(10,937,819)
$ 425,561,094
$
(13,546,695)
$ 412,014,399
$
(3,248,804)
$ 408,765,595
$
(7,041,321)
$ 401,724,274
$
10,163,806
$ 391,560,468
12,246,355
$ 29,278,971
Fiscal Year 2020-2021
Fiscal Year 2017-2018
Net Chane
Month End Bal*
$
(7,971,324)
$ 331,604,874
$
33,131,597
$ 364,736,471
$
41,846,074
$ 406,582,545
$
(5,758,898)
$ 400,823,647
$
5,191,358
$ 406,015,005
$
(4,784,411)
$ 401,230,594
$
1,577,951
$ 402,808,545
$
(6,945,787)
$ 395,862,758
$
(9,710,169)
$ 386,152,589
$
(2,464,004)
$ 383,688,585
$
(8,022,779)
$ 375,665,806
$
6,810,637
$ 368,855,169
$ 29,278,971
Fiscal Year 2020-2021
Net Chane
Month End Bal*
$ (8,561,737)
$ 382,998,731
$ 39,238,741
$ 422,237,472
$ 57,117,548
$ 479,355,020
$ (6,119,043)
$ 473,235,977
$ 12,395,392
$ 485,631,369
$ (12,127,894)
$ 473,503,475
$ (9,006,651)
$ 464,496,824
$ 295,126
$ 464,791,950
$ (5,748,174)
$ 459,043,776
$ (11,764,390)
$ 447,279,386
$ (11,517,721)
$ 435,761,665
$ 7,438,252
$ 428,323,413
$ 36,762,945
10,458,944
Fiscal Year 2018-2019
Net Chane
Month End Bal*
Month End Bal*
$
(6,577,674)
$
362,277,495
$
48,128,205
$
410,405,700
$
31,350,078
$
441,755,778
$
(9,877,034)
$
431,878,744
$
2,964,540
$
434,843,284
$
(2,750,051)
$
432,093,233
$
(3,802,746)
$
428,290,487
$
(8,379,243)
$
419,911,244
$
(9,758,699)
$
410,152,545
$
(13,728,763)
$
396,423,782
$
(11,767,333)
$
384,656,449
$
5,342,336
$
379,314,113
10,458,944
66,005,468
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
lV
Fiscal Year 2021-2022
Net Chane
Month End Bal*
$
302,966
$ 428,626,379
$
63,526,149
$ 492,152,528
$
25,611,495
$ 517,764,023
$
872,988
$ 518,637,011
$
(7,201,984)
$ 511,435,027
$
(17,106,146)
$ 494,328,881
66,005,468
*Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve.
Excludes Section 8 HUD bank account.
Source: Balance Sheet for fund 801 (run by month)
Schedule does not include OPEB investments - see separate report.
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Schedule 8
Indian River County
Allocation of Pooled Cash and Investments By Fund Types
Balance in Funds as of March 31, 2022
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Fund
Solid Waste Fund
Golf Course Fund
Building Fund
Utilities Funds
Fleet Fund
Insurance Funds
Information Technology Fund
Fiduciary Fund
Total Investments
Pooled Investments
$
104,912,444
$
126,623,794
$
443,063
$
93,550,852
$
36,004,304
$
2,530,956
$
6,567,451
$
85,208,864
$
76,496
$
34, 764, 686
$
2,857,570
$
788,401
$
494,328,881
Schedule includes all pooled investments, FMV adjustments, and cash in bank.
Excludes Section 8 HUD bank account.
Schedule does not include OPEB investments - see separate report.
20
JEFFREY R. SMITH,
Clerk of Circuit Court & Comptroller
Finance Department
1801 271h Street
Vero Beach, FL 32960
Telephone: (772) 226-1516
CPA, CGFO, CGMA
II
compT
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TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust)
FROM: Elissa Nagy, Chief Deputy of Finance
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: May 13, 2022
SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 03/31/2022
Attached please find a summary report consisting of the composition and investment return of the
OPEB Trust for the second quarter of fiscal year 2022. These funds are held in trust by our
custodian BNY/Mellon. This report was reviewed by our investment advisory committee on May
12, 2022.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB
Trust Report.
21
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JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 271h Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
TO: Board of County Commissioners
FROM: Elissa Nagy, Chief Deputy of Finance
THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: June 1, 2022
I
comp
tuQ`k R0<<
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9 p
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SUBJECT: Dori Slosberg Driver Education Safety Act
Indian River County Traffic Education Program Trust Fund Report
Cumulative Reporting Through 03/31/22
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 March 31, 2022, the
balance in the Fund is $200,348.
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
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JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Internal Audit Division
2000 16`h Avenue
Vero Beach, FL 32960
Telephone: (772) 226-3108
TO: Board of County Commissioners
FROM: Edward Halsey, Internal Audit Director
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: May 20, 2022
SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2022
BACKGROUND
Attached to this memorandum is the report of the tourist development tax monies collected in the
Clerk's office for quarters ended March 31, 2021 and 2022. The report shows five categories of
activity including short-term rentals.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist
Development Tax Report.
25
CD
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I4A I60�
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
Brian Freeman, AICP; MPO Staff Director
FROM: Jon Howard; Senior Transportation Planner
DATE: June 7, 2022
SUBJECT: Approval of a Scope of Services with the Center for Transportation Research for
the 2023 Transit Development Plan (TDP) Major Update
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of June 21, 2022.
DESCRIPTION & CONDITIONS
Each year, Indian River County receives public transportation operating assistance through the
Florida Department of Transportation (FDOT) Public Transportation Block Grant program.
Providing over $600,000 annually, the Block Grant program is one of the more significant sources
of funding assistance for the County's public transportation system.
In order to qualify for state Public Transportation Block Grant funds, agencies in the state of
Florida must adopt a Transit Development Plan major update every five years. Indian River
County's next TDP major update is scheduled to be submitted to FDOT by September 1, 2023. To
meet that deadline, the Metropolitan Planning Organization (MPO) has included a TDP major
update task in its Unified Planning Work Program (UPWP). As indicated in the UPWP, consultant
services will be used to assist in the development of the major update. The Center for Urban
Transportation Research (CUTR) has been selected to perform the major update. Based out of the
University of South Florida, CUTR has previously prepared TDP major updates for Indian River
County in 2008 and 2013.
ANALYSIS
The scope of services for the development of the Transit Development Plan major update contains
tasks to identify and evaluate existing transit services and resources, determine short range transit
and mobility needs, formulate transit goals and accompanying objectives, identify transit
alternatives, select preferred alternatives, and develop an implementation plan. As structured, the
scope of services directs the consultant to consider policy initiatives, funding constraints, the
C:\Granicus\Legistar5\L5\Temp\961e8f9f-3a9c-46b-Mb-bb9lVfl318b.docx 217
identified community need for transit services, and the users of transit. The scope also directs the
consultant to coordinate with local stakeholders, regional transit providers, and other interested
parties.
The proposed scope of services is substantially similar to previous scope of services. The cost of
the 2023 TDP major update is $160,240.21 and will be paid for with federal transit planning
Section 5305(d) grant funds. Over the next 12-15 months, the consultant will make multiple
presentations to the MPO and its advisory committees prior to final adoption of the TDP by the
Board.
FUNDING
The proposed contract will be paid for with federal Section 5305(d) (transit planning) grant funds.
Funding in the amount of $160,240.21 will be budgeted and available in the MPO/Other
Contractual Services/TDP Major Update account (Account Number 12420415-033490-08014).
RECOMMENDATION
Staff recommends that the Board of County Commissioners review the Transit Development Plan
Major Update Draft Scope of Services prepared by the Center for Urban Transportation Research
(CUTR), waive the requirement for bids, and authorize staff to issue a Purchase Order in the
amount of $160,240.21 for Consultant Services.
ATTACHMENT
1. Draft Scope of Services for the Transit Development Plan Major Update
C:\Granicus\Legistar5\L5\Temp\961e8f9f-3a9c-4c3b-8f9b-bb91f7fl318b.dom 28
Transit Development Plan Major Update
Draft Scope of Services
FINAL
May 2022
PREPARED FOR Indian River County
Contract Number
www.cutr.usf.edu A
Project Name: Transit Development Plan Major Update
Purpose: To prepare a major update of the Transit Development Plan for Indian
River for the planning horizon period of 2023 to 2032.
Project Managers and Staff:
Deliverable(s):
• Project Schedule
• Monthly reports & invoicing through project completion
• Working Group (internal) Meetings
• Draft Chapters
• Ten Year Improvement Program
• Board Presentations
• Draft TDP Plan
• Final TDP Plan
• Archive of Project Files
Proposed Fee $160,240
www.cutr.usf.edu 3a
SCOPE OF SERVICES
A TDP is a multi-year plan required by the Florida Department of Transportation (FDOT) that
calls for a description of the transit agency's vision for public transportation, along with an
assessment of transit needs in the study area and a staged implementation program to set
priorities for improvements. FDOT requires a TDP in order to maintain eligibility for state Block
Grant funding.
This major update of the Transit Development Plan (TDP) shall incorporate a 10 -year planning
horizon beginning in FY 2023. It shall address the requirements of, and be consistent with,
applicable Florida Department of Transportation (FDOT) regulations, all requirements of Florida
Administrative Code Section 14-73.001 (revised and published in December 2006), and all
requirements of Florida Statute 341.052.
The Transit Development Plan is also a policy document that integrates transit goals and
objectives with those of other adopted plans, including the State Transportation Plan and other
local government comprehensive plans. FDOT strongly encourages a strategic approach to the
planning process and emphasizes the importance of public participation in the preparation of
the Transit Development Plan.
The most recent Major Update of the Transit Development Plan (TDP) for Indian River was
adopted in September 2019 with a planning horizon of FY 2019 — FY 2028. There have been
annual updates since then and a major update is due by September 1, 2023. This task is to
prepare a major update of the TDP for Indian River and extend the planning horizon to cover
the period from FY 2023 to FY 2032.
Objectives
To provide management, coordination and production of a Major TDP Update for Indian River
Transit in compliance with Florida Department of Transportation (FDOT) regulations, all
requirements of Florida Administrative Code Section 14-73.001 (revised and published in
February 2020), all requirements of Florida Statute 341.052 and any relevant policies of MAP -
21, the Federal Highway Administration and the transit agency.
• To develop a public involvement and outreach plan that emphasizes a customer
orientation and provides Indian River with insight into the public's issues, needs and
opinions;
• To organize a TDP that serves as a strategic business plan for the County to provide
effective and efficient mobility services, establish transit goals, policies, and objectives
to develop new services, to afford opportunities for new funding sources and
partnerships, and to develop an implementation plan.
• To assess community and organizational stakeholders vision and opinion of public
transportation, as well as, service expectations and level of support for improvements;
www.cutr.usf.edu 34
• To focus upon the relationships between public transportation and overall economic
development;
• To coordinate the TDP short range strategic planning perspective with the Metropolitan
Planning Organization's (MPO) long-range transportation plans as well as various local
government mobility initiatives;
• To develop Goals, Objectives and Strategies resulting from all task activities and
analyses, including a Peer and Trend Analysis of Indian River; and
• To create a goal -oriented work program management process based upon a five year
operating and capital program that supports sound management decisions and
prioritizes service improvements.
Task 1: Project Management
Establish a Project Management Team and TDP Working Group
At the onset of the project, the primary members of the Working Group will meet to discuss
project issues, develop a detailed scope of work listing key work elements, and finalize a
timeline for completion of key components of the project. Quarterly meetings will entail
progress reports from CUTR detailing work completed to date, identification of outstanding
issues, and scheduling forthcoming project work. CUTR will be responsible for the organization
of the committee and for convening the scheduled meetings.
Task Activities
1) CUTR will assign a Project Manager to coordinate all TDP tasks with the designated Study
Project Manager of Indian River.
2) CUTR will manage the study to address schedule requirements and compliance with
local, state and federal procedures throughout the process ensuring the completion and
delivery of the final TDP. Upon Notice -To -Proceed, CUTR will develop a detailed project
schedule for Indian River's approval. It is anticipated that this study will take twelve (12)
months to complete.
3) CUTR will prepare periodic progress reports outlining project activities completed to
date, including periodic invoices for services completed. These will include technical
memoranda with approximate target dates based upon days from the formal Notice -To -
Proceed (NTP).
4) CUTR will support Indian River in establishing a TDP Steering Committee made up of
stakeholders to contribute and provide input to the development of the TDP and to
review deliverables produced by CUTR. In consultation with Indian River, CUTR will
identify and recommend persons from the following constituencies to participate in the
Steering Committee:
www.cutr.usf.edu
31
a) SRA Staff
b) FDOT District Staff
c) Indian River Staff
The Steering Committee is expected to have up to 5-6 members and hold progress and product
review meetings every two to three months throughout the TDP update. These will incorporate
the interactive component of the Public Involvement Plan as well as the TDLCB. CUTR will be
responsible for preparing the agenda and materials for each meeting, with electronic versions
sent to Indian River staff.
Task 2: Public Involvement Program
To establish an overall TDP Public Involvement Plan (PIP) that ensures compliance with local,
state and federal policies. It is expected that this PIP will mirror the one used in the 2019 TDP
Update. Additionally, the PIP will seek to receive valuable public input to develop mobility
options tailored for a full array of markets throughout the Indian River County service area.
Based on the approved MPO Public Involvement and Participation Plan, CUTR will draft and,
following FDOT's approval, finalize a written Public Involvement Plan designed to involve transit
riders, the general public and transit stakeholders in the TDP update. A special effort will be
made to seek out and include minorities, low income, elderly and disabled populations. In
addition, public meetings, workshops, and hearings will be provided at convenient times and
locations in accessible venues.
The public involvement activities comprise multiple outreach activities to target specific user
groups of the transit system, including community organizations with interests in public
transportation, input from the general public, and existing users of the Indian River services.
Task 2A— Establishment of Community Connections and Listening Sessions
CUTR, in collaboration with Indian River staff, will organize and maintain a master list of
community organizations with interests in public transportation including government, business
(chambers of commerce), social service agencies, charitable agencies, tourism, public and
private education. When possible, CUTR will communicate with these community connections
to inform and promote project phases and formal outreach activities.
Task 2B — Survey of General Public via Paper & Website
CUTR will develop a survey instrument for the general public designed to probe attitudes
towards transit, perceptions of transportation in Indian River County and the existing system,
needed service enhancements, and factors that encourage or discourage transit use. Questions
from the 2019 TDP Online Survey will be included. CUTR will enable distribution of the general
public survey via social media platforms which will target respondents based on geographic
location to ensure only Indian River County residents are surveyed. Additionally, the public
survey will be linked to multiple other social media and web platforms of the County,
www.cutr.usf.edu 33
community partners, municipalities and the MPO. Indian River will be responsible for supplying
all artwork related to Indian River County logos and color schemes.
Task 2C - Conduct On -Board Customer Survey
CUTR will conduct an onboard survey designed to properly represent the Indian River
customers. Questions from the 2019 TDP On -Board Survey will be included. CUTR will use the
results to gain insight into customer demographics, travel patterns, and preferences. Customer
Survey data will be used to determine transit rider characteristics such as:
• Trip Origin (Address, Intersection, or Zip Code)
• Trip Destination (Address, Intersection, or Zip Code)
• Residence Zip Code
• Access Mode to Transit Route
• Other Route(s) or Services Utilization
• Gender
• Age
• Income
• Trip Purpose
• Transit Service Satisfaction
It is expected that the number of responses will be at or above the 750 responses that were
received for the 2019 TDP On -Board Survey.
Task 2D — Conduct Stakeholder Interviews
CUTR will conduct structured interviews of major stakeholders representing Indian River
County, transit contractors, municipalities, outside interest groups, customers, the regional
workforce board and others identified by Indian River staff. Factors to be probed in the
interviews will include:
• External trends that support or hinder transit such as:
o Congestion
o Parking
o Land use changes, emerging activity centers
o Socio-economic shifts
o Fuel apple costs
o Environmental Changes & Concerns
o Funding
• Strengths & Weaknesses of Indian River's Existing Services
• Barriers & Opportunities for improvements and/or expansion of services
www.cutr.usf.edu A
Task 2E — Operator Feedback Interviews
This task will include a summary of operator interviews. CUTR staff will ensure that relevant
questions related to the TDP effort will be included in the interviews conducted as part of the
Organizational and Operational Evaluation and Process Improvement Project, which will be
conducted concurrently with the TDP effort. CUTR staff will include interview results in Task 2
of the TDP.
Task 3 —Assessment of Existing Conditions
CUTR will collect relevant data to identify public transportation needs, based on potential
customer markets, service characteristics and commercial and residential developments, and
opportunities for strategic initiatives. These data will reflect the conditions and trends within
the service are and will establish the operating environment. The assessment will help identify
the mobility needs of the community.
Generalized Data Needs:
• Demographic
• Socio -Economic Data
• Land Use
• Population Growth
• Travel / Mobility Patterns
• Accessibility Component
Task 3A— Land Use & Socio -Economic Data
CUTR will utilize U.S. Census American Community Survey (ACS) data to establish population
and housing characteristics for Indian River. Other Census products such as the Longitudinal
Employment Household Dynamics (LEHD) data will be used to establish employment and
commuting patterns. These will be supplemented by other data maintained by Indian River
and/or the MPO so that CUTR can develop GIS maps to portray:
• Population & Housing density patterns
• Employment density patterns
• Existing and Future Land Use
• Major Activity Centers (e.g., major employers, employment, educational, medical
shopping, or recreational centers)
• Trip generators
• Age distribution
• Auto Ownership patterns / Vehicles per household
• TD population & potential TD populations
• Population or households at or below poverty level by block group map
www.cutr.usf.edu
M1
Task 4 — Performance Evaluation
This task will provide an overview of existing Indian River services and a performance review
including a trend analysis and peer comparison for both the fixed route and demand response
services
Task 4A — Profile Existing Transit Service
CUTR will describe the service currently available in Indian River County, in narrative, tabular
and graphic form, including:
• History & Institutional Arrangements
• Service Area
• Services Provided, including:
o Fixed Route
o Paratransit
o Carpool & Vanpool
o Other Public and Regional Transit services
• Service Levels
o Hours & days of service by route
o Route frequencies by day and time period
• Assets
o Fleet & service vehicles by type & age
o Major Equipment
o Maintenance facility
o Infrastructure — transit centers, shelters & bus stops, park -n -rides/
walking/biking distance, accessibility component
o Staffing, broken down by function (e.g., operators, supervisors, maintenance,
administration)
Task 4B —Transit Performance Measures
CUTR will compile data for the latest fiscal year and historical data since last major update.
System -wide data and/or route -level data will be analyzed as appropriate. CUTR will develop
transit performance measures based on the indicators listed in the table below (subject to
review/revision by Working Group):
www.cutr.usf.edu 39
Task 4C — Develop Trend & Peer Group Analysis
CUTR will summarize historical trends for key performance, effectiveness and efficiency
indicators drawn from the above measures. The period of analysis will be five years (or another
similar period determined jointly by CUTR and Indian River). In addition, in consultation with
the Indian River staff, CUTR will identify up to ten (10) peer systems based on comparable
service area populations, fleet size, socio-economic, land -use and institutional characteristics
(e.g., purchased service). A mix of Florida and out-of-state peer systems will be identified. The
selection of peer agencies will be guided by ICRP Report 141, A Methodology for Performance
Measurement and Peer Comparison in the Public Transportation Industry and augmented by
CUTR and Indian River staff's knowledge and judgment. Data will be drawn from the National
Transit Database (NTD) or other sources and summarized by CUTR.
In addition to the performance indicators listed in the above table, this analysis will benefit
from seeing how a set of peer agencies perform across a number of additional measures
relating to operations, finance, and organizational structure. Data to be used in this analysis will
include, but not be limited to, the following areas:
• Organizational structure
• Employees by type
• Operating expenses by category
• Maintenance expenses by category
www.cutr.usf.edu 39
General Performance
Indicators
Effectiveness Measures
Efficiency Measures
•
Passenger trips
•
Vehicle miles per capita
•
Operating expenses per
•
Revenue miles
•
Passenger trips per capita
capita
•
Revenue hours
•
Passenger trips per
•
Operating expenses per
•
Route miles
revenue mile
passenger trip
•
Operating expenses
•
Passenger trips per
•
Operating expenses per
•
Capital expenses
revenue hour
revenue mile
•
Operating revenues
•
Average age of fleet
•
Operating expenses per
•
Total employees
•
Revenue hours per
revenue hour
•
Vehicles available for
employee
•
Farebox recovery ratio
maximum service
•
Passenger trips per
•
Revenue miles per vehicle
employee
•
Revenue hours per
•
Quality of Service (revenue
employee
miles between vehicle
•
Passenger trips per
failures)
employee
•
Average fare
Task 4C — Develop Trend & Peer Group Analysis
CUTR will summarize historical trends for key performance, effectiveness and efficiency
indicators drawn from the above measures. The period of analysis will be five years (or another
similar period determined jointly by CUTR and Indian River). In addition, in consultation with
the Indian River staff, CUTR will identify up to ten (10) peer systems based on comparable
service area populations, fleet size, socio-economic, land -use and institutional characteristics
(e.g., purchased service). A mix of Florida and out-of-state peer systems will be identified. The
selection of peer agencies will be guided by ICRP Report 141, A Methodology for Performance
Measurement and Peer Comparison in the Public Transportation Industry and augmented by
CUTR and Indian River staff's knowledge and judgment. Data will be drawn from the National
Transit Database (NTD) or other sources and summarized by CUTR.
In addition to the performance indicators listed in the above table, this analysis will benefit
from seeing how a set of peer agencies perform across a number of additional measures
relating to operations, finance, and organizational structure. Data to be used in this analysis will
include, but not be limited to, the following areas:
• Organizational structure
• Employees by type
• Operating expenses by category
• Maintenance expenses by category
www.cutr.usf.edu 39
• Administrative expenses by category
• Source of funding
These additional data will be compiled from NTD as appropriate, but any items not available in
NTD can be collected by contacting individual peer agencies, as needed. The peer review
analysis will include a description of the methodology and data used, a series of data tables and
graphics to illustrate the data, and a written analysis of the information. The results of this
analysis will be used as an input into the Organizational and Operational Evaluation and Process
Improvement Project, which will be conducted concurrently with this TDP.
Task 5 — Situation Appraisal
This task will examine the degree to which community and other plans are supportive of transit
in the overall planning environment. This task includes a forecast of transit demand using
FDOT's approved tool, the Transit Boardings Estimation Simulation Tool (T -BEST).
Task SA— Review Related Plans and Transit Environment
CUTR will review the effects of the following as they relate to the transit system in Indian River
County, including:
• assessment of institutional and governance issues
• local, state and regional plans and actions
• land use/growth management policies and programs
• organizational issues
• existing and proposed ITS technologies
CUTR will make an assessment of the extent to which land use and urban design patterns in
Indian River County's service area support or hinder the efficient provision of transit service,
including any specific efforts by local land use authorities to foster transit development.
CUTR also will review and summarize related plans & policies including:
• Comprehensive plans, including Capital Improvement Elements, for Indian River County,
Cities of Fellsmere, Roseland, Sebastian, Vero Beach and Wabasso, and other local
governments.
• Development of Regional Impacts
• Long Range Transportation Plan & Vision Plan
• Transportation Improvement Program
• FDOT Work Program
• Regional Policy Plan/Joint planning w/adjacent counties
• Coordinated Public Transit & Human Services Plan
• Transportation Disadvantaged Service Plan (TDSP)
• Florida Transportation Plan
www.cutr.usf.edu 19
• Modal plans for bicycle and pedestrian networks
• Park & Ride, Parking management plan(s)
• ITS planning and new technology deployment, e.g., alternative fuels, automated vehicle
location (AVL) and traveler information systems, signal priority for transit, safety,
security & electronic fare collection systems.
CUTR will also conduct an assessment of the transit environment through a review of existing
and future land use maps, aerials, and a limited field survey to determine land use patterns,
emerging developments, and urban design characteristics and their impact on transit.
Task 56 — Ten -Year Forecast of Transit Demand
In accordance with Rule 14-73.001, CUTR will utilize the Transit Boardings Estimation
Simulation Tool (T -BEST) to forecast ridership over a ten year period using several improvement
scenarios. CUTR will review trip patterns from the T -BEST model's base year and future year
travel demand. CUTR will then utilize the T -BEST model to test various service improvement
scenarios such as improvements to existing services and new services in new service areas. The
demand for transit service over the next ten years will be determined from model outputs and
any changes to the underlying demographics and development pattern of the transit service
area. CUTR may also consider factors such as trip -making patterns exhibited by the County's
Transportation Disadvantaged (TD) population, to the extent such data is available from the
coordinated system. Demand forecasts from T -BEST are but one tool to determine future
service improvements.
Task 6 — Update of Policy Framework and Goals and Objectives
This task will assimilate all of the previous tasks to develop goals, objectives and performance
measures to guide future transit service plans and plan initiatives.
From the preceding tasks, and with the participation of the Steering Committee, CUTR will
recommend updates to the following policy documents:
• Agency Vision Statement (e.g., the ideal future)
• Mission Statement (e.g., organizational purpose, activities, & values)
• Goals, Objectives & Strategies
• Performance Standards & Monitoring based on the established goals and objectives.
Task 7 — Definition & Evaluation of Alternatives
This task will define and evaluate alternatives for service improvements to be programmed for
the ten-year planning period. Alternatives will be evaluated for highest ridership potential,
community need/demand, cost effectiveness, and will consider improvements to existing
service, new service areas and new service types.
Based on the preceding Strategic Assessment, Performance Evaluation and Updated Policy
Framework, CUTR will develop alternative future transit scenarios. These will be developed in a
www.cutr.usf.edu M
Charrette (brainstorming workshop) during stakeholder interview, public workshops, survey or
online tool like metroquest and may be related to alternative funding scenarios. The
alternatives will be developed in tabular and graphic form and encompass:
• Alternative Service Designs, and may focus on one or more of the following:
o Upgrading the existing fixed -route system (span & frequency of service)
o Expanding fixed -routes to provide more connectivity
o Extending coverage to more areas
o Making regional connections
o Consideration of new service types (e.g. providing flex -route service to lower
density area or activity center circulators)
o ADA service changes to complement fixed -route expansion
• Capital and Operating needs including:
o Fleet Requirements
o Facilities
o Transit Infrastructure
The alternatives will be evaluated by their effectiveness in achieving the approved Goals &
Objectives, order -of -magnitude costs, and further public input. The Steering Committee will be
asked to rank and select a preferred alternative to use as the basis for the Ten -Year Action Plan.
Task 8 —Ten -Year Action Plan
Task 8A—Ten Year Implementation Program Report
CUTR will prepare a report for the next ten years (FY 2023 to 2032) consisting of narrative, tables
and graphics to summarize the selected alternative. The report will outline the process and input
used to develop the plan, including goals, objectives, strategies, performance standards and
policies. The report will be written in non-technical language and include supporting graphics and
maps to enhance its readability. The report will provide a monitoring program for the Goals and
Objectives with measures against which each objective and strategy can be compared for future
annual updates.
Task 8B — Financial Plan
Based on the preferred alternative, CUTR will prepare financial tables for a ten-year projection
of the following:
• Operating expenses based on projected vehicle hours and/or miles of service
• Operating revenues based on projected funding by source
• Capital expenses based on:
o Fleet replacement schedules, maintenance and expansion needs
•
o Transit Capital improvement Program of fixed assets such as facilities, transit
centers, shelters
o Support vehicles, equipment replace/upgrades
o Special initiatives such as ITS deployment
• Capital funding based on projected grant sources, local match requirements, private
sector sources
Expenses and revenues will be presented in present day and year of expenditure figures. All
assumptions and sources for funding and costs will be fully documented.
Task 9 — Review & Adoption by Indian River County Board of County
Commissioners/Endorsement by the MPO
With approval from the Indian River staff, presentations are proposed with the Board of County
Commissioners (BoCC) and the MPO committees (Technical Advisory Committee, Citizens
Advisory Committee, and MPO Board) to provide the appropriate level of review and approval.
These will occur at major milestones (or combined milestones) in the schedule to gain approval
for:
• Plan Goals & Objectives
• Future Transit Alternatives
• Final Plan Adoption
Indian River staff will be responsible for the final adoption by the BoCC after appropriate
presentations have been made. CUTR will prepare all agenda and presentation materials for
distribution by the Indian River staff and participate in presenting them to the BoCC.
•
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CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 14, 2022
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Designation of Excess Equipment as Surplus and Disposal Authorization
and Reactivation of Asset 24738
BACKGROUND:
The equipment on the attached list has been determined excess to the needs of Indian River
County and requires disposal in accordance with Florida Statutes and Finance Policies. As
previously authorized by the Board, the items will be sold by online auction and funds received
from the sale of these items will be returned to the appropriate accounts.
Asset 24738, a 2008 Chevrolet Silverado (Fleet 351) was declared surplus by the Board on April
5, 2022, but has been requested to be reactivated and transferred to the Stormwater Division,
as ordering windows for new vehicles have been extremely short, with very long lead times.
FUNDING:
There is no cost to the County associated with this request.
RECOMMENDATION:
Staff recommends the Board reactivate asset 24738, declare the items on the Excess List for
062122 Agenda as surplus, and authorize their disposal.
ATTACHMENT:
Excess List for 062122
43
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1
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To:
Members of the Board of County Commissioners
From:
Kristin Daniels
Director, Office of Management & Budget
Date:
June 7, 2022
Subject:
Miscellaneous Budget Amendment 006
Description and Conditions:
1. On March 15, 2022, the Board of County Commissioners approved the FWC Grant for Indian
River County Derelict Vessel Removal Project for $34,300. On June 7, 2022 it was announced
that the County would only be requesting $29,600, since one of the boats covered by the grant
has already been removed by the owner. Exhibit "A" appropriates $29,600 in grant revenues
and expenses.
2. The Indian River Chamber of Commerce/Economic Development Division has returned
$16,031.79 to the County. These funds represent the dissolvement of the Greater Treasure
Coast Partnership. The Economic Development Council has asked these funds be added to
the salary line item of the current budget for Economic Development. Exhibit "A" appropriates
$16,032 to General Fund/Agencies/Economic Development Council.
3. On April 19, 2022, the Board of County Commissioners approved the FDOT Section 5311
grant for $79,305. Exhibit "A" appropriates the revenue and expense.
4. The Florida Department of Labor has invoiced the County for Unemployment Compensation in
several departments. Exhibit "A" appropriates $3,154 from General Fund/Reserve for
Contingency, $1,876 from Transportation Fund/Reserve for Contingency and $69 from
Emergency Services District/Reserve for Contingency.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget resolution amending the
fiscal year 2021-22 budget.
45
RESOLUTION NO. 2022-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2021-2022 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2021-2022 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2021-2022 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2021-2022 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by
, and the motion was seconded by Commissioner
and, upon being put to a vote, the vote was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Joe Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
Commissioner
The Chairman thereupon declared this Resolution duly passed and adopted this
day of , 2022.
Attest: Jeffrey R. Smith
Clerk of Court and Comptroller
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
M
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
COUNTY ATTORNEY
46
Resolution No. 2022 -
Budget Office Approval:
Kristin Daniels, Budget Director
Exhibit "A"
Budget Amendment 006
Entry
Type
Fund/ Department/Account Name
Account Number
Increase
Decrease
Numb
Revenue
FL Boating/Derelict Vessel Removal Grant
133033-334700
$29,600
$0
1.
Expense
FL Boating/Parks/Other Contractual Services
13321072-033490
$29,600
$0
Revenue
General Fund/Misc/Other Misc Revenues
001038-369900
$16,032
$0
2.
Expense
General Fund/Agencies/Economic Development Council
00111052-088010
$16,032
$0
Revenue
General Fund/Section 5311 Grant -SRA
001033-331423
$79,305
$0
3.
Expense
GeneralFund/Agencies/Community Transportation
00111041-088230-54001
$79,305
$0
Coordinator
General Fund/BCC/Unemployment Compensation
00110111-012150
$3,154
$0
General Fund/Reserve/Reserve fr Contingency
00119981-099910
$0
$3,154
Transportation Fund/Engineering/Unemployment
11124441-012150
$1,876
$0
4
Expense
Compensation
Transportation Fund/Reserves/Reserve for Contingency
11119981-099910
$0
$1,876
Emergency Services District/Fire Rescue/Unemployment
11412022-012150
$69
$0
Compensation
Emergency Services/Reserve/Reserve for Contingency
11412022-099910
$0
$69
ofl 47
W
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Indian River County Board of County Commissioners
VIA: Jason Brown, County Administrator
Dylan Reingold, County Attorney
FROM: Dan Russell, Information Technology Director
SUBJECT: Winter Beach Tower Lease Amendment
DATE: June 14, 2022
BACKGROUND:
In 1990, the County entered into a property lease agreement with Bellsouth Mobility, Inc. for the
purpose of constructing, maintaining and operating a communications tower in Winter Beach located
at 3925 65th Street. This lease was amended in November, 2014 changing the lawful tenant to
Florida 2B MPL Tower Holdings, LLC and extending the term of the lease to January, 2026. This
lease was amended a second time in December, 2015 extending the term of the lease to January,
2046, increasing the annual escalation rate, and adding a revenue share provision of 33% for all
new subleases.
Florida 2B MPL Tower Holdings, LLC through their agent Crown Castle is seeking to amend the
current lease in order to add a new tenant sublease for Dish Wireless, LLC. In consideration of such
consent, FL 2B MPL Tower Holdings LLC shall make payments to County with respect to such
sublease or license as provided in Section 3(d) of the Second Amendment. The initial recurring
monthly payment for the new sublease will be $330.00.
FUNDING
This new sublease will generate $3,960.00 in annual revenue for the County and the funds will be
deposited into the General Fund/Radio Tower Rents account 001038-362011.
RECOMMENDATION
Staff has coordinated with the County's Telecommunications Tower Consultant and the County
Attorney on the contents of the attached lease amendment. Staff recommends that the Board
approve the lease amendment and authorize the Chairman to execute the lease amendment and
any associated lease documentation and permits.
ATTACHMENTS
840753 Third Ammendment.pdf
8400753 Site Plan.pdf
DISTRIBUTION
Dylan Reingold, County Attorney
Kristin Daniels, Director, Office of Management and Budget
Elisa Nagy, Director, Finance
Randy King, Information Systems & Telecommunications Manager
48
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT (the "Amendment") is
made and entered into effective as of the last date of execution set forth below, by and between
INDIAN RIVER, COUNTY, a political subdivision of the State of Florida, having a mailing
address of 1801 27th Street, Vero Beach, Florida 32960 ("LESSOR'), and FLORIDA 2B MPL
TOWER HOLDINGS LLC, a Delaware limited liability company, successor in interest to
Florida RSA No. 2B (Indian River) Limited Partnership, successor in interest to BellSouth
Mobility, Inc., a Georgia corporation ("TENANT").
WITNESSETH:
WHEREAS, LESSOR and BellSouth Mobility, Inc. entered into that certain Option and
Lease Agreement dated August 14, 1990 (the "Original Agreement"), covering certain real
property, together with an easement for ingress, egress and utilities thereto, as more fully described
in the Original Agreement, as amended (the "Leased Premises");
WHEREAS, LESSOR and TENANT entered into that certain First Amendment dated
November 18, 2014.(the "First Amendment") and that certain Lease Extension and Second
Amendment dated January 25, 2016 (the "Second Amendment", and together with the First
Amendment and the Original Agreement, the "Agreement");
WHEREAS, the Agreement has an original term (including all extension terms) that will
terminate on January 20, 2046 (the "Original Term") and the parties desire to amend the
Agreement as set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, the sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. CONSENT. LESSOR hereby consents to TENANT subleasing or licensing space at the
Leased Premises to Dish Wireless, LLC, its subsidiaries and affiliates. In consideration of
such consent, TENANT shall make payments to LESSOR with respect to such sublease or
license as provided in Section 3(d) of the Second Amendment.
BU# 840753; Vero 49
47606129v4
2. MISCELLANEOUS.
(a) Full Force and Effect. All of the terms, provisions, covenants and agreements
contained in the Agreement are hereby incorporated herein by reference in the same
manner and to the same extent as if all such terms, provisions, covenants and agreements
were fully set forth herein. LESSOR and TENANT ratify, confirm and adopt the
Agreement as of the date hereof and acknowledge that there are no defaults under the
Agreement or events or circumstances which, with the giving of notice or passage of time
or both, would ripen into events of default. Except as otherwise expressly amended herein,
all the terms and conditions of the Agreement shall remain and continue in full force and
effect. In case of any inconsistency between the Agreement, and this Amendment, the
terms and conditions of this Amendment shall govern and control.
(b) Binding Effect. This Amendment shall be binding upon the heirs, legal
representatives, successors and assigns of the parties. The parties shall execute and deliver
such further and additional instruments, agreements and other documents as may be
necessary to evidence or carry out the provisions of the Amendment.
(c) IRS Form W-9. LESSOR agrees to provide TENANT with a completed IRS Form
W-9, or its equivalent, upon execution of this Amendment and at such other times as may
be reasonably requested by TENANT. In the event the Leased Premises is transferred, the
succeeding LESSOR shall have a duty at the time of such transfer to provide TENANT
with a Change of Ownership Form as provided by TENANT and a completed IRS Form
W-9, or its equivalent, and other related paper work to effect a transfer in rent to the new
LESSOR. LESSOR's failure to provide the IRS Form W-9 within thirty (30) days after
TENANT's request shall be considered a default and TENANT may take any reasonable
action necessary to comply with IRS regulations including, but not limited to, withholding
applicable taxes from rent payments.
(d) Survey. TENANT reserves the right, at its discretion and at its sole cost, to obtain
a survey (the "Survey') specifically describing the Leased Premises and any access and
utility easements associated therewith. TENANT shall be permitted to attach the Survey as
an exhibit to this Amendment and any related memorandum for recording, which Survey
shall update and replace the existing description of the Leased Premises, at any time prior
to or after closing the complete execution of this Amendment.
(e) Representations and Warranties. LESSOR represents and warrants that:
(i) LESSOR is duly authorized to and has the full power and authority to enter
into this Amendment and to perform all of LESSOR's obligations under the
Agreement as amended hereby.
(ii) TENANT is not currently in default under the Agreement, and to LESSOR's
knowledge, no event or condition has occurred or presently exists which, with
notice or the passage of time or both, would constitute a default by TENANT under
the Agreement.
BUk 840753; Vero 50
47606129 v4
(iii) LESSOR agrees to provide such further assurances as may be requested to
carry out and evidence the full intent of the parties under the Agreement as amended
hereby, and ensure TENANT's continuous and uninterrupted use, possession and
quiet enjoyment of the Leased Premises under the Agreement as amended hereby.
(f) Entire Agreement. This Amendment supersedes all agreements previously made
between the parties relating to its subject matter.
(g) Litigation Costs. In the event that it becomes necessary for either party hereto to
initiate litigation for the purpose of enforcing any of its or his rights hereunder or for the purpose
of seeking damages for any violation hereof, then, in addition to all other judicial remedies that
may be granted, the prevailing party shall be entitled to recover reasonable attorneys' fees and all
other costs that may be sustained by such prevailing party in connection with such litigation.
(h) Recording. At any time following the execution of this Amendment by all parties
hereto, Tenant, at its cost and expense, shall have the right, at any time during the term of the
Amendment, as may be amended from time to time, and for no additional consideration payable
to LESSOR, to record in the appropriate recording office for land records: (i) a memorandum of
this Amendment ("Memorandum") and LESSOR covenants and agrees to execute said
Memorandum within thirty (30) days following Tenant's written request therefor; and (ii) a notice
or affidavit of amendment to lease (each, a "Notice of Amendment to Lease") executed solely by
Tenant. Each of the Memorandum and the Notice of Amendment to Lease are intended to provide
record notice of the terms of this Amendment.
(i) Counterparts. This Amendment may be, acknowledged and delivered by
electronic and digital signatures and in any number of counterparts, and each such counterpart
shall constitute an original, but together such counterparts shall constitute only one instrument.
(j) Electronic Signatures. Each party agrees that the electronic signatures of the
parties included in this Amendment are intended to authenticate this writing and to have the same
force and effect as manual signatures. As used herein, "electronic signature" means any electronic
sound, symbol, or process attached to or logically associated with this Amendment and executed
and adopted by a party with the intent to sign such Amendment, including facsimile or email
electronic signatures.
[Signatures Appear on the Following Page]
DU# 840753: Vero 51
47606129A
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Lease Agreement effective as of the last date of execution shown below.
ATTEST:
By: —
Namc:
Its:
STATE OF
COUNTY
LESSOR:
INDIAN RIVER COUNTY, FLORIDA,
by and through its duly authorized BOARD
OF COUNTY COMMISSIONERS
By: _
Name:
Its:
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of , 20_, by
'the of the BOARD OF
COUNTY COMMISSIONERS of INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, who executed the foregoing Third Amendment to Lease Agreement on behalf of
the said Board. He/She is personally known to me or has produced as
identification.
Given under my hand this day of , 20
Notary Public
Printed Name
My Commission Expires:
My Commission Number:
BU# 840753; Vero 52
4 7606129 v4
TENANT:
FLORIDA 213 MPL TOWER
HOLDINGS LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its Attorney -in -Fact
M
(SEAL)
/+. Jim
!�� •
Isu-
Its: Manager RE Transactions
STATE OF �5 )
f' COUNTY )
The foregoing instrument was acknowledged before me by means of IR/Physical presence
or ❑ online nptarization, this day of Dune. , 207A, by
Lot,I_OpeZ the Manager RE Transactions of CCATT LLC, a
Delaware limited liability company, Attorney -in -Fact for FLORIDA 26 MPL TOWER
HOLDINGS LLC, a Delaware limited liability company, who executed the foregoing Third
Amendment to Lease Agreement on behalf of the said limited liability company. Ile/She is
personally known to me or has produced as identification.
Given under my hand this " t
Notary P blic
Printed Name a,{r�
My Commission Expires:
My Commission Number:
day of 7:v (In P , 20'Z't.,
3lrojzoZ4
Z391 6UX;
n['# 840753; Fero 53
-17606129 %=1
CAROL
pjotery public, State of Texas
M. Expires 03-10.2024
Notary ID 132396806
n['# 840753; Fero 53
-17606129 %=1
55
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
it
CONSENT: 6/21/2022
ffi
Oce of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold - County Attorney
DATE: June 10, 2022
RE: Resolutions Delegating the Authority to the County Administrator or his Designee
to Call Letters of Credit and to Act on Behalf of Indian River County during the
Time Frames of July 13, 2022, through and including August 15, 2022 and
August 17, 2022, through and including September 12, 2022
The Indian River County Board of County Commissioners has no regularly scheduled meetings
during the time frames of July 13, 2022, through and including August 15, 2022 and August 17,
2022, through and including September 12, 2022. During these intervals, it is necessary and
desirable that the Board delegate to the County Administrator, or his designee, the authority to
call Letters of Credit that may expire during this time interval. Further, it is necessary and
desirable that the Board delegate to the County Administrator, or his designee the authority to
execute all other documents necessary for the proper functioning of the County.
Funding:
There is no expense associated with this item.
Requested Action:
Authorize the Chairman to sign the Resolutions as presented, delegating the authority to call
Letters of Credit and delegating full signing authority during the periods of July 13, 2022,
through and including August 15, 2022 and August 17, 2022, through and including September
12, 2022.
Attachment
Proposed Resolutions
C:\Granicus\Legistar5\L5\Temp\6489316e-e7ae-45f2-b6f2-dc I MecdW.doc
56
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING JULY 13, 2022, THROUGH AND
INCLUDING AUGUST 15, 2022, AND FURTHER DELEGATING TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO
EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER
FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING
JULY 13, 2022, THROUGH AND INCLUDING AUGUST 15, 2022.
WHEREAS, there are no regularly scheduled Board meetings during the period commencing
July 13, 2022, through and including August 15, 2022;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of
County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guarantee performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee; and
WHEREAS, pursuant to Resolution No. 2021-79 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator acting as Indian River County Emergency Services District Director, or his designee,
the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order
concerning Emergency Management issued by the Governor of the State of Florida declaring that a
disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4)
respectively] exists in Indian River County, to issue orders and rules, including, without limitation,
the ability to issue Emergency Orders for Indian River County, during the period of the declared
emergency, and such delegation in Resolution No. 2021-79 remains in full force and effect; and
WHEREAS, pursuant to Resolution No. 2021-80, the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of Florida
C:\Granicus\Legistar5\L5\Temp\a04ed275-c5d4-43a4-a2de-c317' 32de1 ab.doc 57
RESOLUTION NO. 2022 -
emergency affecting Indian River County, and such delegation in Resolution No. 2021-80 remains in
full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions
on behalf of the Board of County Commissioners to call letters of credit which might expire or
otherwise require action to be taken during the period commencing July 13, 2022, through and
including August 15, 2022. Any resolutions executed by the County Administrator or his designee, to
call letters of credit during the period commencing July 13, 2022, through and including August 15,
2022, are to be accompanied by a copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
July 13, 2022, through and including August 15, 2022, provided that all such documents signed
during such interval are brought to the Board of County Commissioners for ratification.
3. The Effective Date of this Resolution is June 21, 2022, and this Resolution shall expire
without further action of this Board at the close of business on August 15, 2022.
This Resolution was moved for adoption by Commissioner and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared this Resolution duly passed and adopted this 21St day of
June, 2021.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
Peter D. O'Bryan, Chairman
RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING AUGUST 17, 2022, THROUGH AND
INCLUDING SEPTEMBER 12, 2022, AND FURTHER DELEGATING TO
THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY
TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER
FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING
AUGUST 17, 2022, THROUGH AND INCLUDING SEPTEMBER 12, 2022.
WHEREAS, there are no regularly scheduled Board meetings during the period commencing
August 17, 2022, through and including September 12, 2022;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of
County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guarantee performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee; and
WHEREAS, pursuant to Resolution No. 2021-79 and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator acting as Indian River County Emergency Services District Director, or his designee,
the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order
concerning Emergency Management issued by the Governor of the State of Florida declaring that a
disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4)
respectively] exists in Indian River County, to issue orders and rules, including, without limitation,
the ability to issue Emergency Orders for Indian River County, during the period of the declared
emergency, and such delegation in Resolution No. 2021-79 remains in full force and effect; and
WHEREAS, pursuant to Resolution No. 2021-80, the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of Florida
C:\Granicus\Legistar5\L5\Temp\5045f382-2769-401 d-91 ea-23865P774658.doc 59
RESOLUTION NO. 2022 -
emergency affecting Indian River County, and such delegation in Resolution No. 2021-80 remains in
full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions
on behalf of the Board of County Commissioners to call letters of credit which might expire or
otherwise require action to be taken during the period commencing August 17, 2022, through and
including September 12, 2022. Any resolutions executed by the County Administrator or his
designee, to call letters of credit during the period commencing August 17, 2022, through and
including September 12, 2022, are to be accompanied by a copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
August 17, 2022, through and including September 12, 2022, provided that all such documents signed
during such interval are brought to the Board of County Commissioners for ratification.
3. The Effective Date of this Resolution is June 21, 2022, and this Resolution shall expire
without further action of this Board at the close of business on September 12, 2022.
This Resolution was moved for adoption by Commissioner and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Peter D. O'Bryan
Vice Chairman Joseph H. Earman
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Laura Moss
The Chairman thereupon declared this Resolution duly passed and adopted this 21s' day of
June, 2021.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
Peter D. O'Bryan, Chairman
0
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
James W. Ennis, P.E., PMP, Assistant Public Works Director
FROM: Mark Winslow, P.E., Project Engineer
SUBJECT: Work Order No. 4—Andersen Andre Consulting Engineers, Inc.
IRC -1639 - 69th Street From 66th Ave. to SRS/US1, Resurfacing
Construction Materials Testing Services
DATE: June 10, 2022
DESCRIPTION AND CONDITIONS
On December 7, 2021, the Board of County Commissioners renewed and amended the Continuing Contract
Agreement for Continuing Geotechnical Engineering, with Andersen Andre Consulting Engineers, Inc. for
various services including, but not limited to, field and laboratory construction materials testing in Indian
River County.
The purpose of Work Order No. 4 is to provide construction materials testing services for the resurfacing of
69th Street from 66th Avenue to SR5/US-1. Andersen Andre Consulting Engineers, Inc. submitted the
proposal outlined in the attached Work Order No. 4 and Scope of Services (Exhibit A) for a not -to -exceed
amount of $46,510.
FUNDING
Funding is budgeted in Account Number 10921441-066510-19003, Secondary Roads/69th Street/66th Ave to
US1 for $46,510.
RECOMMENDATION
Staff recommends approval of Work Order No. 4 to Andersen Andre Consulting Engineers, Inc. authorizing
the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board to authorize
the Chairman to execute Work Order No. 4 on their behalf for a not -to -exceed amount of $46,510.
ATTACHMENTS
Work Order No. 4
Scope of Services (Exhibit A)
AGENDA ITEM FOR JUNE 21, 2022
61
C:\Gra n icus\Legistar5\L5\Temp\74089d37-3a2d-4971-9655-1b980543dffa.doc
WORK ORDER NUMBER 4
IRC -1639
69TH STREET FROM 66TH AVENUE TO SRS/US1, RESURFACING
This Work Order Number 4 is entered into as of this day , 20 pursuant to
that certain Continuing Contract Agreement for Continuing Geotechnical Engineering dated December 4, 2018,
renewed and amended as of December 7, 2021, collectively referred to as the "Agreement", by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ANDERSEN ANDRE CONSULTING
ENGINEERS, INC. ("CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope
of Services), attached to this Work Order No. 4 and made part hereof by this reference. The professional services will
be performed by the CONSULTANT for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work
Order and made a part hereof by this reference. The Consultant will perform the professional services within the
timeframes more particularly set forth in Exhibit A, 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. Nothing contained in any Work
Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
ANDERSEN ANDRE OF INDIAN RIVER COUNTY
CONSULTING ENGINEERS, INC.
By:
Title:
By:
Peter D. O'Bryan, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
William K. DeBraal, Deputy County
Attorney
62
EXHIBIT
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
Geotechnical Engineering
Construction Materials Testing
Environmental Consulting
Indian River County Engineering Department
1801 27h Street, Building `A'
Vero Beach, Florida 32960
Attention: Mr. Mark Winslow, P.E., CFM
Project Engineer
AACE Proposal No. P22-2311
May 20, 2022
Revised May 31, 2022
Subject: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING
69''" STREET (66T" AVENUE TO SR5/US-1) FULL DEPTH RECLAMATION PROJECT
FM No. 438073-1-54-01
IRC PROTECT No. 1639
INDIAN RIVER COUNTY, FLORIDA
Dear Mr. Winslow:
Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for construction materials testing
services during improvements to portions of 69th Street, as indicated above. The purpose of our services, as discussed
further herein, will be to provide materials testing in general accordance with the project plans and technical specifications.
BACKGROUND INFORMATION
We understand that the proposed improvements to 69d' Street consist of refurbishing (through the Full Depth Reclamation
(FDR) process) the roadway for the following three segments (approximately 1.6 miles): from STA 118+13.62 to STA
150+28.55, STA 168+50.39 to STA 217+07.44 and STA 234+20.64 to STA238+69.85. Testing associated with the
relocation of a 12" PVC water main has been presented in a separate proposal (AACE P22-2319 dated May 26, 2022).
Further, we understand that this is an FDOT Small County Outreach Program (SCOP). Therefore, based on our
understanding of the project and on our conversations with the FDOT State Materials Office, the quality control measures
listed in the FDOT's Developmental Specification T332 Full Deptb Reclamation, including "Addendum 3" provided to us
by the County, should be adhered to.
- Balance ofpage intenfionalyleft blank -
834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com
63
69TH STREET
FM No. 438073-1-54-01
IRC PRolEcr No. 1639
RACE Proposal No. P22-2311
SCOPE OF SERVICES
Page -2-
Based on the FDOT's Developmental Specification T332 and on our experience with similar projects (including 5Srh
Avenue), we understand that required QC services will include the elements listed below:
Field and Laboratory Testing of FDR Roadway Base and Shoulders:
- Obtaining samples of pulverized road base for laboratory gradation testing at a frequency of one sample for
every 2,000LF per lane, or as needed.
- Obtain samples of the FDR mix for laboratory Marshall Stability testing every 2,000LF per lane, or as needed.
- Obtaining one sample for laboratory moisture/density relationship testing at a frequency of one sample for
every 2,000LF per lane, or as needed.
- Performing one in-place field density test for every 50OLF of the compacted mixture on days selected by IRC
staff (or as otherwise requested by IRC staff).
- Obtaining composite samples of the Refurbished Stabilized Shoulders and widened areas at a frequency of one
sample for every 2,000 LF for laboratory Limerock Bearing Value (LBR) testing, or as needed.
- Obtaining composite samples of the FDR mix at a frequency of one sample for every 2,000 LF for laboratory
Limerock Bearing Value (LBR) testing, or as needed.
- Performing in-place density testing of shoulder stabilized subgrade (approximately one (1) test per every 2
LOTS of shoulder (about 1,000 LF), each direction or at the direction of the County.
- Performing in-place density testing of embankment, as needed.
QC services during paving operations:
- Performing asphalt plant inspection services during three (3) paving operations (selected by IRC).
- Obtaining roadway cores on four (4) occasions after paving operations for specific gravity (density)
determination (estimated three (3) cores obtained during each event).
- Obtaining a maximum of four (4) bulk samples of asphalt for asphalt content and gradation testing.
Drainage Construction:
- Performing in-place density testing of soil used to backfill all drainage excavations
Miscellaneous Testing
- Performing concrete testing services for non-structural concrete (sidewalks and ADA ramps, curbing, headwall,
bus shelter pad, and driveways).
- Perform density testing for general restoration and corrective construction (driveway restoration, sidewalk
subgrade, utility and hydrant relocations, etc.)
We note that no field and/or laboratory testinz of the FDR mix is included herein for the purpose of confirming that a
Structural Number of 1.8 has been achieved. We understand that such testing will be the responsibility of the Contractor's
testing consultant.
Based upon our understanding of the project plans and our prior experience with projects similar to this one, we estimate
the cost of the services will be approximately $46,510.00. The actual cost of AACE's testing services will be a function of
work actually performed in accordance with the attached unit fee schedule (in accordance with the continuing service
contract between Indian River County and AACE, Contract #20211207). Contractor efficiency, methodology and changes
in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be
exceeded.
- Balance ofpage intentionally 10 blank -
64
69TH STREET
FM No. 438073-1-54-01
IRC PROJECT No. 1639
RACE Proposal No. P22-2311
Page -3-
To authorize us to proceed with this project, please execute and return to us a copy of the attached Project Agreement form
or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free
to contact us at your convenience.
Best Regards,
ANDERSEN ANDRE CONSULTING ENGINEERS, INC -
David P. Andre, P.E. Peter G. Andersen, P.E.
Principal Engineer Principal Engineer
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WWW.AACEINC.C�
69TH STREET
FM No. 438073-1-54-01
IRC PRoJECT No. 1639
AACE Proposal No. P22-2311
ITEM #1: Field and Lab TestinLy of FDR Roadwav Base and Shoulders and Roadwav Widenin
Page -4-
• Road Base Particle Size Analysis of Pulverized Base:
- Washed Sieve Analyses; 14 tests @ $95.00/test.................................................. $1,330.00
- Sample Preparation; 14 tests @ $35.00/test....................................................... $490.00
• Marshall Stability of FDR Mixture: 14 tests @ $190.00/ test .......................................... $2,660.00
• Moisture/Density Relationship (Proctor) Testing. 14 tests @ $91.00/test ............................... $1,274.00
• LBR Testing; 15 tests @ $315.00/test............................................................ $4,725.00
• In -Place Density Testing of FDR Mix, Widening Base & Stabilized Shoulders;
- 80 tests @ $25.00/test (minimum 4 tests per hour, per trip) ......................................... $2,000.00
• In -Place Density Testing of Roadway Embankment (as needed);
- 25 tests @ $25.00/test (minimum 4 tests per hour, per trip) ........................................... $625.00
• Engineering Technician (man-hours for sample collection, limited standby, etc.)
-65 hours @ $63.00/hour..................................................................... $4,095.00
Item #1 Subtotal: ........................................... $17,199.00
ITEM #2: QC Services During Paving Operations
• Asphalt Plant Inspection - Senior Transportation/Roadway Technician;
- 3 Days x 10 hours/day @ $85.00/hr. x 1.5 (nighttime testing rate) ...................................
$3,825.00
- Asphalt Content and Extraction/Gradation Testing; 3 samples x $210.00/sample ........................ $630.00
• Roadway Coring (3 Coring Events)
- Engineering Technician (for Roadway Coring - 2 techs. required for all coring);
4 events @ 8 hours/event x @ $63.00/hour x 2 technicians ........................................
$4,032.00
- Coring Mobilization; 4 events x $100.00/mob.....................................................
$400.00
- Core Machine Usage; 4 days x $150.00/day.......................................................
$600.00
- Generator Usage;4 days $50.00/day............................................................$200.00
- Specific Gravity Testing (Unit Weight) of Cores; 12 cores x $37.00/core................................
$444.00
Item #2 Subtotal: ........................................... $10,131.00
ITEM #3: DrainaLye Construction
• Proctor Testing: 5 tests @ $91.00/test............................................................. $455.00
• In -Place Density Testing of Excavation Backfill;
- 225 tests @ $25.00/test (minimum 4 tests per hour, per trip) ........................................ $5,625.00
• Engineering Technician (man-hour estimate for road closure standby, etc.)
-30 hours @ $63.00/hour..................................................................... $1,890.00
Item #3 Subtotal: ............................................ $7,970.00
► ITEM #4: Miscellaneous Testin
• Sidewalk, Curbing, ADA Ramp Subgrade: 30 density tests @ $25.00/test................................. $750.00
• Compressive Strength Testing of Concrete (sidewalk, headwall, ramps, etc.);
- 8 sets of 4 specimens @ $95.00/set.............................................................. $760.00
• Modified Proctor Testing; 3 tests @ $91.00/test.....................................................$273.00
Item #4 Subtotal: ............................................ $1,783.00
► ITEM #5: Professional/Administrative Services Estimate:
• Snr. Project Engineer:
- Limited Meeting Attendance - 3 meetings x 3 hrs./mtg. x $128.00/hour .............................. $1,152.00
- Project Coordination, review of testing results; 25 weeks x 2 hrs./week x $128.00/hour ................. $6,400.00
• Technical Secretary; 25 weeks x 1.5 hrs./week x $50.00/hour........................................ $1,875.00
Item #5 Subtotal: ............................................ $9,427.00
PROTECT TOTAL: . __ $4310.00
69TH STREET Page -5-
FM No. 438073-1-54-01
IRC PRojECT No. 1639
RACE Proposal No. P22-2311
TERMS AND CONDITIONS
(1) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates
will be increased by 50% for weekend, holiday or after-hours services (i.e., services performed before 7:00 am or
after 7:00 pm). Our man-hour rates as presented herein are based on day -time testing only. No allowances for
nighttime work are reflected in our fee.
(2) The contractor (or County personnel) should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191
a minimum of 24 hours prior to any testing and 48 hours prior to weekend and evening work.
(3) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another
work element can be used without prior authorization from the client as long as our total cost estimate is not
exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee
schedule will be exceeded.
(4) AACE has not been provided with the selected Contractor's proposed schedule (i.e.; paving days, FDR days, etc.).
Therefore, man-hours and associated testing quantities are based on our experience with similar projects. It is
possible that our testing budget may require revision based on contractor efficiency, methodology and scheduling.
(5) Soil sample and concrete cylinder pickup for laboratory testing (e.g., Proctor, LBR testing, compressive strength,
etc.) will be billed at $63.00/hour if not scheduled with other work.
(6) Our services do not include reviewing, monitoring or reporting any aspect of the required Maintenance of Traffic
(M.O.T.) that may be required for this project.
(7) AACE's field technicians and engineers do not direct or witness the performance of any work. Neither the presence
of an AACE representative on-site nor the observation and testing performed by our firm implies AACE's
responsibility for defects discovered in the construction work.
(8) RACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of
the contractor.
(9) AACE will not have stop -work authority. Should our representatives encounter materials or workmanship that,
either based on direct testing or on our experience with similar projects, does not appear to meet the engineering
plans and specifications, we will notify Indian River County immediately. Results will not be relayed to the
Contractor without prior consent of the County.
(10) We understand that no FDOT Earthwork/Density Log Book will be required for this project.
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WWW.AACEINC.CO r6'
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
PROFESSIONAL SERVICES AGREEMENT
AACE Proposal No: P22-2311
Project Name: 69th Street (66th Avenue to SR5/US-1) Full Depth Reclamation Project
FM No. 438073-1-54-01 / IRC Project No. 1639
Client: Indian River County Address: 1801 27th Street, Building `A'
Attention: Mr. Mark Winslow, P.E., CFM, Project Engineer Vero Beach, Florida 32960
Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following
services:
Provide materials testing services during the 69`' Street Improvement Project, as described herein.
Estimated Budget:
$46,510.00
Payment Terms:
Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, 1'/2%
per month following the due date.
Proposal Acceptance:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference.
In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above
described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement.
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR
AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Accepted by CLIENT:
By:
Name:
Tile:
Datc:
Billing Address:
Accepted for AACE:
By:
Name: David P. Andre, P.E.
Title: Principal Engineer
Date: May 31, 2022
Phone No. 68
GENERAL CONDITIONS
1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter
referred to as "AACE') shall include said company, its individual professionals, particular
division, subsidiary or affiliate performing the Work. "Work" means the specific
geotechnical, analytical, testing, environmental or other service to be performed by AACE
as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein
by this reference, and these General Conditions. "Client" refers to the person or business
entity ordering the Work to be done by RACE. If the client is ordering the Work on behalf
of another, the Client represents and warrants that the Client is the duly authorized agent
of said parry for the purpose of ordering and directing said Work. Further, Client shall
disclose any such agency relationship to AACE in writing before the commencement of
AACE's Work hereunder. Client agrees that AACE's professional duties are specifically
limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility
for determining whether the quantity and the nature of the Work ordered by the Client is
adequate and sufficient for the Client's intended purpose. Client shall communicate these
General Conditions to each and every third parry to whom the Client transmits any pan of
AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed
principal. In no event shall AACE have any duty or obligation to any third party. The
ordering of Work from AACE shall constitute acceptance of the terms of AACE's proposal
and these General Conditions.
2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if,
upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the
progress of work as a result of changes in the scope of work requested by the client, to fulfill
the requirements of third parties, interruptions in the progress of construction, or other
causes beyond the exclusive reasonable control of AACE, additional charges will be
applicable and payable by the Client.
3 - Responsibility: AACE's work shall not include determining, supervising, or
implementing the means, methods, techniques, sequences or procedures of construction.
AACE shall not be responsible for evaluating, reporting or affecting job conditions
concerning health, safety or welfare. AACE's work or failure to perform same shall not in
any way excuse any contractor, subcontractor or supplier from performance of its work in
accordance with the contract documents.
4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the rate
of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice
to date payment is received will be added to all amounts not paid within 30 days after date
of invoice. All attorney fees and expenses associated with collection of past due invoices will
be paid by Client.
5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the
property for AACE to make the planned borings, surveys, and/or explorations. AACE will
take reasonable precautions to minimize damage to the property caused by its equipment
and sampling procedures, but the cost of restoration or damage which may result from the
planned operations is not included in the contracted amount. If Client desires to restore the
property to its former condition, AACE will accomplish this and add the cost to its fee.
6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner
or his duly authorized representative to disclose the presence and accurate location of all
hidden or obscure man-made objects relative to field tests, sampling, or boring locations.
When cautioned, advised or given data in writing that reveal the presence or potential
presence of underground or overground obstructions, such as utilities, AACE will give
special instructions to its field personnel. As evidenced by your acceptance of this proposal,
Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses,
personal injuries, death and property liability resulting from subsurface conditions or
damages to subsurface structures or man made objects, owned by Client or third parties,
occurring in the performance of the proposed work, whose presence and exact locations
were not revealed to AACE in writing, whether such claims or damages are caused in whole
or in part by RACE, and agree to reimburse AACE for expenses in connection with any
such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify
is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial
relationship to the Work undertaken by AACE. Client further agrees that these general
conditions are a part of the Work's specifications or bid documents, if any.
7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a
professional manner, using that degree of care and skill ordinarily exercised by and consistent
with the standards of competent consultants practicing in the same or a similar locality as the
project. In the event any portion of the services fails to comply with this warranty obligation
and AACE is promptly notified in writing prior to one year after completion of such portion
of the services, AACE will re -perform such portion of the services, or if re -performance is
impracticable, AACE will refund the amount of compensation paid to AACE for such
portion of the services.
This warranty is in lieu of all other warranties. No other warranty, expressed or implied,
including warranties of merchantability and fitness for a particular purpose is made or
intended by the proposal for consulting services, by furnishing an oral response of the
findings made or by any representations made regarding the services included in this
agreement. In no event shall AACE be liable for any special, indirect, incidental, or
consequential loss or delay or time -related damages. The remedies set forth herein are
exclusive and the total liability of consultant whether in contract, tort (including negligence
whether sole or concurrent), or otherwise arising out of, connected with or resulting from
the services provided pursuant to this Agreement shall not exceed the total fees paid by
Client or $50,000.00, whichever is greater. Client may, upon written request received within
five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to
pay AACE an additional sum as agreed in writing prior to the commencement of AACE's
services. This charge is not to be construed as being a charge for insurance of any type, but
is increased consideration for the greater liability involved.
For services involving or relating to pollution, it is further agreed that the Client shall
indemnify and hold harmless AACE and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct and indirect or consequential
damages, including but not limited to fees and charges of attorneys and court and
arbitration costs, arising out of or resulting from the performance of the work by AACE,
or claims against AACE arising from the work of others. This indemnification provision
extends to claims against AACE which arise out of, are related to, or are based upon, the
disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic
chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into
the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation
to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable
commercial relationship to the Work undertaken by AACE. Client further agrees that
these general conditions are a part of the Work's specifications or bid documents, if any.
8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees
included in this proposal do not include costs associated with professional land surveying
of the site or the accurate horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on our sketches are based on specific
information furnished to us by others or estimates made in the field by our technicians.
Such dimensions, depths or elevations should be considered as approximations unless
otherwise stated in the report.
9 - Sample Handling and Retention: Generally test samples or specimens are consumed
and/or substantially altered during the conduct of tests and AACE, at its sole discretion,
will dispose (subject to the following) of any remaining residue immediately upon
completion of test unless required in writing by the Client to store or otherwise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will
maintain preservable test samples and specimens or the residue therefrom for thirty (30)
days after submission of AACE's report to Client free of storage charges. After the initial
30 days and upon written request, AACE will retain test specimens or samples for a
mutually acceptable storage charge and period of time. (b) HAZARDOUS OR
POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain
substances or constituents hazardous or detrimental to human health, safety or the
environment as defined by federal, state or local statutes, regulations, or ordinances
("Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after
completion of testing and at Client's expense: (1) return such samples to Client, (h) using
a manifest signed by Client as generator, will have such samples transported to a location
selected by Client for final disposal. Client agrees to pay all costs associated with the
storage, transport, and disposal of such samples. Client recognizes and agrees that AACE
is acting as a bailee and at no time does RACE assume title of said waste.
10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain
types of hazardous materials may exist at a site where there is no reason to believe they
could or should be present. AACE and Client agree that the discovery of unanticipated
hazardous materials constitutes a changed condition mandating a renegotiation of the
scope of work or termination of services. AACE and Client also agree that the discovery
of unanticipated hazardous materials may make it necessary for AACE to take immediate
measures to protect health and safety. AACE agrees to notify Client as soon as practicable
should unanticipated hazardous materials or suspected hazardous materials be encountered.
Client encourages AACE to take any and all measures that, in AACE's professional
opinion, are justified to preserve and protect the health and safety of AACE's personnel
and the public. Client agrees to compensate AACE for the additional cost of working to
protect employees' and the public's health and safety. In addition, Client waives any claim
against AACE, and agrees to defend, indemnify and save AACE harmless from any claim
or liability for injury or loss arising from AACE's discovery of unanticipated hazardous
materials or suspected hazardous materials. Client also agrees to compensate AACE for
any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
11- Joint and Several Liability: The concept of joint and several liability is basically this:
When two or more parries are considered responsible for causing injury or damage, any one
of the parties may be made to provide compensation for as much as 100% of the damages
assessed. When applied to hazardous materials projects, it is possible that the concept of
joint and several liability could be construed to make AACE partly or wholly responsible
for damages created directly or indirectly by the hazardous materials. Client agrees that it
would be unfair for AACE to be exposed to such an action, because AACE had nothing
whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives
any claim against RACE, and agrees to defend, indemnify and save AACE harmless from
any claim or liability for injury or loss arising from application of a joint and several liability
concept that would, in any manner, hold or seek to hold AACE responsible for creating
a hazardous condition or permitting one to exist. Client also agrees to compensate AACE
for any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
12 - Legal Jurisdiction: The parties agree that any actions brought to enforce any
provision of this Agreement shall only be brought in a court of competent jurisdiction
located in St. Lucie County, Florida. All causes of action arising out of AACE's Work shall
be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of substantial completion of the Work for acts or failures to
act occurring prior to substantial completion, or the date of issuance of final payment for
acts or failures to act occurring after substantial completion of the Work.
13 - Force Majeure: AACE shall not be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such delay o f ilure is caused by
fire, flood, explosion, war, strike, embargo, government requirettcivil or military
authority, acts of God, act or omission of subcontractors, carriers, client or other similar
causes beyond its control.
ak
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
FROM: Richard B. Szpyrka, P.E., Public Works Director
SUBJECT: 11th Drive Project Construction Inspection Cost Share Approval
DATE: June 13, 2022
DESCRIPTION AND CONDITIONS
On October 22, 2019 the Board approved the 11th Drive Developers Agreement with Virginia
W. Russell Family, Ltd. ("Russell") and Riverfront Groves, Inc., for the dedication of right of
way, design, permitting and construction of 11thDrivefromthesouthern boundaryofthe Russell
property to 411Street. The right-of-way dedication has occurred.
As part of the agreement Russell was to design, permit, and construct 11th Drive as a two-lane
roadwayfrom 41St Street to the southern point of the Russell property. All road construction is
to be in compliance with design plans and standards which will need to be approved by Indian
River County through the County right-of-way permitting process in accordance with Chapter
312 of the Indian River County Code of Ordinances. Once estimated costs for design,
permitting, and construction were available, staff was required to obtain Board approval to
proceed with cost sharing on the project. The total cost of design and permitting agreed to by
both parties is $116,175. The reimbursable cost, also agreed to by both parties, for the
roadway design is $93,210 that the County is responsible for and the Developer is responsible
for $22,965 of developer related improvements.
County staff and the Engineer also agreed on the engineers estimated construction cost of
$1,289,177.50 of the roadway. We also agree that the County portion of the construction cost is
$1,205,755.88 and the developer's portion is $83,421.62.
On February 4, 2020 the Board approved the 11th Drive Project Developer's Agreement for
cost sharing the costs above for the design, permitting, and construction of the project.
The project is now fully designed and permitted. The Developer has bid and awarded the
project per the Developer's Agreement requirements. As is true with all construction projects,
construction inspection of the project is required and the Developer has contacted the County
to cost share in these expenses. The cost of Construction Inspection Services for the project in
the amount of $77,888.00, plus reimbursable expenses, was obtained from Masteller & Moler,
Inc. The County's cost share will be 75% or $58,416.00 and the Developers share will be 25% or
$19,472.00 with reimbursable expenses being shared in the same manner. This cost share is
agreeable to Staff as it is consistent with sharing the costs for design, permitting and
construction of the project.
70
Page 2
111h Drive Project - Construction Inspection Cost Share Approval
For June 21, 2022 BCC Meeting
FUNDING
Funding for the County's share of the project Construction Inspection Services in the amount
of $58,416.00 is programmed in the approved FY 21/22 Capital Improvement Element with
$4,000,000 budgeted in the current year and $1,000,000 budgeted in FY 22/23 -Traffic Impact
Fees 2020/District 2/Aviation Extension —US Highway 1 to 37th Street and 411t Street via
McCrystal Drive/11th Drive., Account No. 10415241-066510-22010.
Account Name
Account Number
Amount
Traffic Impact Fees 2020/District 2/ Aviation
10415241-066510-22010
$58,416.00
Extension -US Highway 1 to 37th Street and
4152 Street via McCrystal Drive/111h Drive
RECOMMENDATION
Staff recommends the Board approve funding in the amount of $58,416.00 for the
reimbursement of Construction Inspection Services costs to Russell for the County portion of
11th Drive.
ATTACHMENTS
Russell — Moler Construction Services Contract Dated May 12, 2022
AGENDA ITEM FOR: June 21, 2022
71
C:\G ra n icu s\Legista rS\LS\Tem p\7054bb b a -6a 12-4251-908-68e3e730189. doc
MJ MASTELLER & MOLER, INC.
M1 — CIVIL ENGINEERS
May 12, 2022
Mr. Hugh L. Russell, II, GP / Co -Trustee
Virginia W Russell FLP
1392 NE Rocky Springs Church Road
Madison, Florida 32340-4031
hughrusse112@comcast.net
RE: Harbor Bluffs Project —11th Drive Roadway Improvements
Construction Administration Services
Indian River County, FL
Our File # 1931 LJ
Dear Hugh:
As you are aware, the 11th Drive Roadway Improvements project has been designed and fully
permitted. In addition, the construction plans have been the subject of a bidding process during which
Sheltra & Sons provided the only bid in the amount of $ 1,643,936. It is understood you will be
entering into a contract for the construction of the 11th Drive Roadway Improvements project with
Sheltra. It is understood you desire Masteller & Moler, Inc. to perform construction services for the
project.
It is understood in accordance with the approved Developer's Agreement between the Virginia
Russell Family Limited Partnership (VRFLP) and Indian River County, you will be entitled to
reimbursement for a portion of the construction services fees for this project. It is therefore
recommended you obtain approval of our proposed fees for construction services from the County
prior to executing this Proposal.
We propose to provide you with the following construction services for the 11th Drive Roadway
Improvements project:
SCOPE OF SERVICES
Shop Drawing Review / Pre -Construction Meeting: We shall review all shop drawings and
submittals for site work construction pertaining to stormwater and paving systems. We shall
coordinate obtaining Indian River County approval of the shop drawings.
We will coordinate with the Contractor and his sub -contractors and Indian River County Personnel
to set up the required pre -construction meeting. The "pre -con" provides an opportunity for the
County to offer instructions regarding areas of special concern and to describe the construction
inspection and project completion procedures.
On -Site Construction Observation: During construction of the site improvements by the
Contractor, we shall perform construction observation to confirm the stormwater management
and roadway construction is completed in conformance with the approved design and technical
specifications on the approved construction plans. We will coordinate the required formal
inspections of certain construction elements such as string -line tests and setting of structures,
etc. Formal inspections require forty-eight (48) hours' notice prior to procedure.
1655 27th Street, Suite 2 • Vero Beach, Florida 32960
Phone: (772) 567-5300 • Fax: (772) 794-1106 72
mastmo,r@bellsouth.net
Mr. Hugh Russell, 11 — GP / Co -Trustee
May 12, 2022
Page 2 of 6
Professional Engineering Services
Harbor Bluffs Public Roadway
File # 1931LJ
As -Built Review: Upon completion of construction, Masteller & Moler, Inc. must be provided with
As -Built surveys to confirm proper horizontal and vertical alignment of constructed stormwater
and paving systems. The As -Built survey is typically provided by the Contractor's Surveyor
(licensed in the State of Florida) and must be provided in AutoCAD format and black line with
reference to State Plane Coordinates as required by Indian River County.
While reviewing the as -built survey, we shall conduct an initial walk-through and develop a
punchlist of construction deficiencies. The punchlist shall be provided to the Contractor and the
client. Once the contractor has satisfactorily corrected the punchlist items and we are confident
that the site has been constructed in compliance with the permit approvals, and we are provided
with all required information, we shall submit a Certification of Construction Completion to Indian
River County and request final inspection. In the event the County prepares a punchlist, we will
provide said punchlist to the Contractor in order that the items may be addressed. Once the
County's punchlist has been resolved to our satisfaction, we shall notify the County that the site
is ready for re -inspection.
Required certifications shall be prepared and submitted as described herein.
Generating the As -built survey is not included in our fees. Daily and Periodic inspections of
erosion control devices and reports required by the NPDES General Permit are the Responsibility
of the Contractor and are not included in this proposal.
En-gineering Certifications: Upon completion of stormwater and paving systems and review of
As -Built and Testing results to confirm proper construction, we shall prepare Engineering
Certifications to be submitted to the following agencies:
1. St. Johns River WMD Stormwater
2. IRC Engineering (Right -of -Way Permit)
3. IRC Public Works (Stormwater Permit)
4. IRC Planning (Land Clearing & Tree Removal)
We shall prepare One (1) Engineering Certification for each of the above -listed permits. Our
submittal of certifications assumes that all drainage and pavement systems will be properly
constructed and tested prior to submittal of the Engineering Certifications and request to place
systems into operation.
We propose to perform the Scope of Services described above for the lump sum fee of $ 77,888.00.
In order to complete our services for this project, we will need to be provided with the following
from the selected project contractor:
1. Shop Drawings and Submittals for all structures / materials.
2. Maintenance of Traffic Plans.
3. As-builts in Autocadd and signed and sealed on NAVD88 datum meeting Indian River
County standards.
4. Testing results for curb pad compaction, stabilized subgrade and base course, sidewalk
compaction, concrete cylinder test results for curb & sidewalks, and asphalt mix design /
tickets.
5. Contractor's Release of liens and affidavit.
M
73 M
Mr. Hugh Russell, ll— GP/Co-Trustee Professional Engineering Services
May 12, 2022 Harbor Bluffs Public Roadway
Page 3 of 6 File # 1931LJ
Billing will be as follows: Fees shall be billed monthly based upon the Engineer's estimated
percentage of the total project services completed to that date. Payment of fees rendered is due
within thirty (30) days from billing date.
For any and all subcontract services invoiced through this office except for Masteller, Moler & Taylor,
Inc., there will be a minimum 15% surcharge on the face amount of said subcontractor's invoice, to
cover the costs associated with administration and coordination of the subcontractor's services.
Any and all items not specifically set forth in this proposal are excluded. Specifically excluded items
include but are not limited to: application fees, site plan applications, platting applications, easement
documents, signalization designs, soil borings, traffic studies/link sheets, mitigation design/
environmental permitting, consumptive use permitting, landscape/irrigation designs, and
construction stakeout.
Reimbursable expenses are considered outside our lump sum fee and will be invoiced per item Q) of the
general conditions. In addition, any expansion of the scope of work or major revisions which may be
required by any new rules or regulations enacted subsequent to the date of this proposal, are not
included.
GENERAL CONDITIONS
In addition, the following items are stipulated:
a) Application Fees
Any and all application fees required by permitting agencies will be paid for directly by the
Owner/Client.
b) Scope of Work
The scope of work as outlined above is based on our estimate of the normal engineering and design
services necessary. However, should the need arise for additional engineering design work by virtue
of revisions or redesign required by you or any governmental reviewing agencies having jurisdiction,
then additional billing will be based on the fee schedule included hereinafter under item (h), or this
Contract can be renegotiated to the satisfaction of both parties.
c) Payment of Fees
Payment of all fees for services rendered shall be paid within thirty (30) days of billing. This project
and the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly
invoices. Commencing on the thirty-first day, interest shall be added to the unpaid balance at the
rate of one and one-half percent (1-1/2%) per month or a total of eighteen percent (18%) per annum.
In the event that the matter of delinquent payments shall be turned over to legal counsel for collection,
legal fees, costs and recording fees incurred for collection shall be added to the outstanding amounts
due.
d) Release/Reuse of Documents
All documents including drawings, disks, specifications and reports prepared or furnished by
Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and
Consultants pursuant to this agreement are instruments of service in respect of the Project and the
Engineer, Client, and Indian River County shall retain all Ownership and property interests therein,
whether or not the project is completed.
M
74 M
Mr. Hugh Russell, //— GP / Co -Trustee Professional Engineering Services
May 12, 2022 Harbor Bluffs Public Roadway
Page 4 of 6 File # 1931 LJ
Owner/Client/Indian River County will be provided and may retain copies of said documents for
his/her/their use and information. Any reuse without express written verification or adaptation by
Engineer for the specific purpose intended, will be at Owner's/Client's/Indian River County's sole risk
and without liability or legal exposure to Engineer or to Engineer's Independent Professional
Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and
Engineer's Independent Professional Associates and Consultants from all claims, damages, losses
and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall not
be held liable for any modifications made to the documents by others.
When all work contemplated under this Agreement is complete, all of the above data shall be
delivered to the Client and Indian River County Project Manager upon request.
e) Release/Reuse of Electronic Data
All electronic data including drawings, specifications and reports prepared or furnished by Masteller
& Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants
pursuant to this agreement are instruments of service in respect of the Project. Any Release/Reuse
of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated
Item (d) Release/Reuse of Documents.
f) Limitation of Liability
The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project
and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees
that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all
injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from
any cause or causes shall not exceed the total fee received for the project. Such causes include but
are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or
breach of warranty.
Pursuant to Florida Statute § 558.035, an individual employee or
agent of Masteller & Moler, Inc. may not be held individually liable for
damages resulting from negligence occurring within the course and
scope of professional services rendered under this professional
services contract.
g) Engineers Certification Definition
"Certification" shall mean a statement signed and/or sealed by a professional engineer representing
that the engineering services have been performed by the professional engineer, and based upon
the professional engineer's knowledge, information and belief, and in accordance with commonly
accepted procedures consistent with applicable standards of practice, and is not a guarantee or
warranty, either expressed or implied.
h) Additional Work Performed
Any and all work performed, other than that expressly delineated within this general contract, shall
be billed at the following job classification and rates, as applicable:
HM
75
Mr. Hugh Russell, 11 — GP / Co -Trustee Professional Engineering Services
May 12, 2022 Harbor Bluffs Public Roadway
Page 5 of 6 File # 1931 LJ
Principal of Firm $ 190.00/hr.
Professional Engineer (PE) $ 165.00/hr.
Project Manager $ 135.00/hr.
CAD Draftsperson/Designer $ 100.00/hr.
Project Field Representation (Inspector) $ 90.00/hr.
Administrative (Typing, etc.) $ 75.00/hr.
No such work shall be undertaken, except upon receipt of verbal or written authorization of
Owner/Client.
i) Representations Relating to Work Performed
The plans, designs and documents which are subject to this contract shall be prepared in a
professional manner consistent with the profession's "Normal Standard of Care."
Nevertheless, no representations or warranties are made as to the success, approval or the issuance
of permits on any application submitted by Owner/client based in whole or in part upon the plans,
designs, or documents prepared by Masteller & Moler, Inc.
Backcharges will not be accepted by Masteller & Moler, Inc. unless we provide written agreement
covering all corrective action and the total amount of the backcharge necessary to accomplish the
corrective action.
j) Reimbursables
1) Print Costs
All photo copies, prints and facsimile transmissions will be billed at the following rates: Photo
copies 8'/2' x 11" $0.25/sheet; photo copies 8'/2' x 14" $0.35/sheet; photo copies oversized
$0.50/sheet; black line prints $0.333/SF; reproducible mylars $4.40/SF; and CD's $10.00.
2) Miscellaneous -.Express Mail, Telephone, Travel
If at any time information must be transmitted by mail, overnight mail or courier, these charges
will be included on your monthly invoice at actual invoice cost. In addition, reimbursement for
expenses such as telephone, travel, hotel, meals, etc. will be at actual costs incurred.
k) Price Guarantee
Prices quoted are firm for sixty (60) days from the date of this proposal.
1) Compliance with Agency Regulations
All work will be performed in accordance with appropriate City, County and State regulations relative
to the proposed project.
m) Assignment and Termination
While binding upon the parties, their successors or assigns, this Contract may not be transferred or
assigned without the written consent of both parties. Owner/Client or Engineer shall have the right
to terminate this Contract for any breach hereof after ten (10) days written notice. Should you
exercise the right to terminate this Contract after ten (10) days written notice, Masteller & Moler, Inc.
shall be compensated for services performed and expenses incurred to termination date.
M
76 M
Mr. Hugh Russell, 11 — GP / Co -Trustee
May 12, 2022
Page 6 of 6
Professional Engineering Services
Harbor Bluffs Public Roadway
File # 1931 LJ
We thank you for the opportunity to offer the services of our firm and look forward to continue working
with you.
Sincerely yours,
MA LER & MOILER, INC.
By Stephen . Moler, PE
Its Executive Vice President
SEM/cab
AUTHORIZATION TO PROCEED
If these conditions and this proposal meet with your approval, please sign and return one (1) copy
of this letter as our formal Authorization to Proceed. This project if authorized will be performed with
due diligence, subject to acts of God, etc. beyond our control.
Date
Company Name
Address
file #1931
(1931 LJ_11thDrConstSvcs_Contract_22-0512.docx)
Signature
Printed Name & Title
M
LARSHIT AUERDA
MeetingBCC June 21, 2 022
.� INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator /
f?.URIp./ Department of General Services
Parks and Recreation
Date: June 10, 2022
To: The Honorable Board of County Commissioners
Through: Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
From: Beth Powell, Parks and Recreation Director
Subject: Authorizing Resolution to Delegate Signature Authority for Grant Applications
to Various Agencies
BACKGROUND
Divisions within the General Services Department actively seek grants from various organizations
to help fund projects and tasks in-line with Departmental and County objectives. Such grants often
require extensive application packets in order for the granting agency to review and rank the
applications for award. Staff requests the Board of County Commissioners (BCC) approve an
Authorizing Resolution to delegate signature authority on grant applications to the Assistant
County Administrator, Parks and Recreation Director, and Conservation Lands Manager, such that
approved staff can submit grant applications on behalf of the County to various agencies including
but not limited to: Florida Fish and Wildlife Conservation Commission (FWC), Florida Department
of Environmental Protection (FDEP), Florida Inland Navigational District (FIND), and St. Johns
River Water Management District (SJRWMD).
FUNDING
Funding is not needed for this agenda item. Should a grant application lead to an award of funds to
the County for a project, a separate agenda item covering the award of funds will be prepared and
brought before the BCC for consideration. If the awarded grant requires a County funding element,
the funding account for the project will be identified in the agenda at that time.
RECOMMENDATIONS
Staff recommends the authorizing Resolution be approved for the Chairman's signature delegating
signature authority for various agency grant application submittals to the Assistant County
Administrator, Parks and Recreation Director, and/or Conservation Lands Manager.
ATTACHMENT
Authorizing Resolution
APPROVED AGENDA ITEM FOR JUNE 21, 2022
RESOLUTION NO. 2022 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY;
FLORIDA AUTHORIZING THE BOARD TO DELEGATE SPECIFIC SIGNATURE AUTHORITY FOR
VARIOUS AGENCY GRANT APPLICATIONS TO THE INDIAN RIVER COUNTY ASSISTANT
COUNTY ADMINISTRATOR, PARKS AND RECREATION DIRECTOR, AND CONSERVATION
LANDS MANAGER.
WHEREAS, the Indian River County General Services Department — Parks &
Recreation Division seeks funding opportunities to assist the County in providing sources of
outside funding to help off -set costs associated with the construction and monitoring tasks in-
line with Department directives, and
WHEREAS, Indian River County is required to submit grant applications to various
agencies, including but not limited to: Florida Fish and Wildlife Conservation Commission
(FWC), Florida Department of Environmental Protection (FDEP), Florida Inland Navigational
District (FIND), and St. Johns River Water Management District (SJRWMD), for various grant
opportunities;
NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board hereby delegates to the Assistant County Administrator, Parks and Recreation
Director, and Conservation Lands Manager its authority to have signature authority for grant
application submittals to various agencies, including but not limited to: Florida Fish and Wildlife
Conservation Commission (FWC), Florida Department of Environmental Protection (FDEP),
Florida Inland Navigational District (FIND), and St. Johns River Water Management District
(SJRWMD) for various grant opportunities.
2. The Chairman is authorized to execute this resolution providing specific signature
authority.
3. This Resolution shall -be in full force and effect upon final passage.
The foregoing resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and, upon being put
to a vote, the vote was as follows:
Chairman Peter O'Bryan
Vice -Chairman Joe Earman
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Laura Moss
79
RESOLUTION NO. 2022 -
The Chairman thereupon declared the resolution passed and adopted this
day of .'2022
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Peter O'Bryan, Chairman
Approved as to Form and Legal Sufficiency
William K. DeBraal, Deputy County Attorney
2 80
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown
County Administrator
THROUGH: Philip J. Matson, AICP
Community Development Director
FROM: John Stoll
Chief, Long -Range Planning
DATE: June 8, 2022
SUBJECT: Consideration of the Disposition of County Owned Surplus Properties for Affordable
Housing
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of June 21, 2022
BACKGROUND
In 2006, the legislature passed HB 1363 relating to affordable housing. According to that bill, each
county shall, by July 1, 2007, and every 3 years thereafter, prepare an inventory list of all real property
within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable
housing. The inventory list must include:
■ Address of each parcel
■ Legal description of each parcel (property tax I.D. number)
■ Indication if the property is vacant or improved
■ Indication if the property is appropriate for affordable housing
As per Section 125.379 (1), F.S., the governing body of the county must review the inventory list at a
public hearing and may revise the list at the conclusion of the public hearing. The Board shall then
adopt a resolution that includes an inventory list of county -owned surplus properties that are
appropriate for affordable housing.
According to Florida Statutes, the properties on the list that are identified as surplus county owned
properties and are appropriate for use as affordable housing may be:
81 1
■ Sold to generate funds for the provision of affordable housing
■ Sold with a restriction that requires the development of the property as permanent affordable
housing, or
■ Donated to non-profit housing organizations for the construction of permanent affordable
housing
Consistent with 125.379(1), F.S., the county, in 2007, 2010, 2013, 2016, 2019 prepared an inventory of
all county owned properties, identified which properties were appropriate for affordable housing, and
held a public hearing to review the inventory list. At each of those past public hearings, the BCC
agreed with staff's list of county owned properties that were not designated for a specific use and that
were deemed appropriate for disposition for affordable housing purposes.
The Board must now consider the attached list of proposed surplus properties, determine that the
properties are appropriate for affordable housing purposes, and direct staff to dispose of the properties
for affordable housing purposes.
ANALYSIS
Staff contacted local non-profit affordable housing organizations (Habitat for Humanity, The Housing
League, Inc, and the Coalition for Attainable Homes), and inquired whether they would be interested in
any of the three (3) properties identified on the 2022 County owned surplus land list. Habitat for
Humanity expressed interest in the following address:
1. 840 8th Ct. SW
The Coalition for Attainable Homes expressed interest in the following addresses:
1. 4333 31St Ave
2. 4887 34th Ave
Staff will need to work with these organizations on some of the details regarding the surplus properties
(code enforcement fines, legal access, etc.), and separate development agreements for each
organization. Staff will return to the Board with final details once all of these issues have been
resolved.
Alternatives
With respect to the three (3) identified surplus properties, the BCC may identify a use for the properties
and retain them or declare them surplus properties for affordable housing use. Because each of the
properties is located in a residential area and is not needed for right-of-way, drainage, utilities,
emergency services, parks/recreation, or conservation purposes, those three (3) properties are not
conducive for any standard public use. Staff supports the BCC surplusing the properties for affordable
housing.
If the Board decides to surplus the subject properties, then there are four (4) options available:
82 2
1. Sell the properties and contribute the proceeds to the county's affordable housing trust fund
(SHIP Trust Fund), or
2. Sell the properties with a deed restriction that requires that the properties be developed as
permanent affordable housing, or
3. Donate the properties to non-profit housing organizations to construct affordable housing
units with deed restrictions to ensure that the properties are maintained as permanent
affordable housing, or
4. A combination of any of options 1, 2, or 3.
RECOMMENDATION
Staff recommends that the Board of County Commissioners:
1. Review the attached list, make any appropriate changes, and approve the attached resolution
accepting the list of County owned surplus properties that are appropriate for the provision of
affordable housing, and
2. Direct Staff to work with Habitat for Humanity and the Coalition for Attainable Homes in order
to finalize details for the donation of the surplus properties for the development of affordable
housing.
Attachments,
1. Section 125.379 Florida Statute
2. List Map and Aerial
3. Draft Resolution
FXommunity Development\COUNTY OWNED LANDS\2022\BCC STAFF REPORT affordable housing surplus land 2022.doc
83 3
The Florida Senate
The 2012 Florida Statutes
Title XI CHAPTER 125 VIEW ENTIRE CHAPTER
COUNTY ORGANIZATION AND COUNTY GOVERNMENT
INTERGOVERNMENTAL RELATIONS
125.379 Disposition of county property for affordable housing.—
(1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real
property within its jurisdiction to which the county holds fee simple title that is appropriate for use as
affordable housing. The inventory list must include the address and legal description of each such real
property and specify whether the property is vacant or improved. The governing body of the county
must review the inventory list at a public hearing and may revise it at the conclusion of the public
hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such
property following the public hearing.
(2) The properties identified as appropriate for use as affordable housing on the inventory list adopted
by the county may be offered for sale and the pr oceeds used to purchase land for the development of
affordable housing or to increase the local government fund earmarked for affordable housing, or may
be sold with a restriction that requires the development of the property as permanent affordable
housing, or may be donated to a nonprofit housing organization for the construction of permanent
affordable housing. Alternatively, the county may otherwise make the property available for use for the
production and preservation of permanent affordable housing. For purposes of this section, the term
"affordable" has the same meaning as in s. 420.0004(3).
History.—s. 1, ch. 2006-69.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA APPROVING THE LIST OF COUNTY OWNED
PROPERTIES APPROPRIATE FOR THE PROVISION OF AFFORDABLE HOUSING
AND PROVIDING FOR THE DISPOSITION OF THOSE PROPERTIES
WHEREAS, Section 125.379, Florida Statutes, states that by July 1, 2007, and
every 3 years thereafter, each county shall prepare an inventory list of all real property
within its jurisdiction to which the County holds fee simple title that is appropriate for
use as affordable housing; and
WHEREAS, in 2007, 2010, 2013, 2016, and 2019 the County prepared a list of
surplus properties and disposed of such properties for affordable housing purposes in
accordance with Section 125.379, Florida Statutes; and
WHEREAS, county staff has compiled a 2022 list of the 541 properties currently
owned by the County and has identified the designated use for each of those properties;
and
WHEREAS, county staff has determined that only three (3) of the properties on
the list are available for surplus and are appropriate for the provision of affordable
housing.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida that:
Section 1.
The above recitals are ratified in their entirety.
Section 2.
The Board of County Commissioners hereby adopts the attached list of county owned
surplus properties which are appropriate for the provision of affordable housing.
ATTACHMENT 3 89
RESOLUTION NO. 2022 -
The foregoing resolution was offered by Commissioner , and seconded
by Commissioner , and being put to a vote, the vote was as
follows:
Peter D. O'Bryan, Chairman
Joe Earman, Vice Chairman
Joseph E. Flescher, Commissioner
Susan Adams, Commissioner
Laura Moss, Commissioner
The Chairman thereupon declared the resolution duly passed and adopted this 21 st day of
June 2022.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Peter D. O'Bryan, Chairman
ATTEST BY:
Jeffrey Smith, Clerk of Circuit Court and Comptroller
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:
William K. DeBraal, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Philip J. Matson, AICP, Community Development Director
ATTACHMENT 3 90
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7/19/2022
fib. P. I
Board Of County Commissioners
June 21, 2022 Public Hearing
Disposition of 2022 County Owned Surplus Properties
forAfFordable Housing
Surplus Property Review
As per Section 125.379 (1), F.S., the BCC must:
■ Review property inventory list at a public hearing
■ May revise the list at the conclusion of the public hearing
■ Must adopt a resolution that includes an inventory list of county owned surplus properties that are
appropriate for affordable housing
■ IRC resolution adoption deadline: July 1, 2022
q1 1
Options for Disposition of the County
Surplus Properties
According to Florida Statutes, the properties on the list that are identified as surplus county owned
properties and are appropriate for use as affordable housing may be:
■ Sold to generate funds for the provision of affordable housing
■ Sold with a restriction that requires the development of the property as permanent affordable
housing, or
■ Donated with a restriction to non-profit housing organizations for the construction of permanent
affordable housing
Identification of the County Owned
Surplus Properties
To comply with the every three year requirement of 125.379(1), F.S., planning staff:
■ Coordinated with the county's GIS staff
■ Updated the county owned properties list
■ Using County Property Appraiser data, staff identified 541 county owned properties
■ After coordination and extensive research provided by various departments, staff identified the
designated use for each of the properties on the list
■ Based on its research, staff has determined that only 3 out of the 541 parcels on the list are not
designated for any specific public use
7/19/2022
qr 2
7/19/2022
qj - 3
Coordination with Non -Profit
Housing Organizations
Staff provided local non-profit housing organizations the opportunity to review the surplus
properties inventory.
Habitat for Humanity has expressed interest in:
• 840 8tn Ct. SW
The Coalition for Attainable Homes has expressed interest in:
■ 4333 311t Ave
Staff supports the donation of the aforementioned parcels to Habitat for Humanity and The
Coalition for Attainable Homes.
Disposition of 2022 County Surplus Properties
• Staff will need to work with Habitat for Humanity and the Coalition for
Attainable Homes on an agreement and other details regarding 840 8th CT SW
and 4333 31St Ave.
• Because there is no existing legal access for 4887 34th Ave, the parcel could be
sold with the proceeds contributed to the County's SHIP program.
• Staff will return to the Board once all agreement details have been finalized.
7/19/2022
C1_ 4
7/19/2022
RECOMMENDATION
Staff recommends that the Board of County Commissioners:
• Review the attached list, make any appropriate changes, and approve the attached resolution accepting
the list of County owned surplus properties that are appropriate for the provision of affordable housing,
and
• Direct Staff to work with Habitat for Humanity and the Coalition for Attainable Homes in order to
finalize details for the donation of the surplus properties for the development of affordable housing.
7''
61(-5
o TCPALM.COM I SUNDAY, JUNE 5, 2022 1 29A
Pro -gun extremism proliferates online
Expert predicts
increase in US
mass shootings
David Klappar
AssOCiATEOPRESS
The young man in the
jeans and sunglasses
proudly shows off his gun
In the YouTube video,
then instructs his million
subscribers how to fit an
extra clip in his gun belt,
and offers a chilling ob-
servation.
"Pretty —1 for active
shooter stuff, if you need
extra mags."
It's atypical video, one
of thousands teaching
military -style training
and tactics to civilian gun
owners, offering in druc-
tions, on silencers and
grenade launchers, on
shooting from vehicles or
into buildings. Other
websites sell ghost gun
kits, gas masks and body
armor.
.You shouldn't be
scared of the NRA. You
should be scared of us,"
one online ghost gun
dealer tweeted last week.
As Americans reel
from repeated mass
shootings, law enforce-
ment officials and ex-
perts on extremism are
takingincreasing notice
of the sprawling online
space devoted to guns
and gun rights: gun fo-
rums, tactical training
videos, websites that sell
unregistered gum kits and
social media platforms
where far -right gun own-
ers swap pranical tips
with talk of dark plots to
take their weapons,
It's an ecosystem rich
with potential reendts for
extremist groups exploit-
ing the often blurry line
separating traditional
support for a Constitu-
tional right from militant
anti-government move-
ments that champion
racism and violence.
White supremacists
have carried out most of
the deadliest attacks on
U.S. soil in the last five
years, including a 2018
shooting inside a Plus -
burgh synagogue and a
2019 rampage in which a
gunman targeting His-
panics inside a Texas
Walmart killed 23 people.
The gunman who per-
petrated last month's
rampage in Buffalo, for
example, claimed in a
rambling metal diatribe
that he was radicalized
when pandemic boredom
led him to fer-right social
media groups and tacti-
cal raining videos he
found online.
One of the companies
specifically cited by the
gunman sells firearm ac-
cessories and operates
popular social media
channels boasting hun-
dreds of training videos.
The videos cover topics
like shooting from cera,
assaulting a building, us-
ing gas masks while
shooting, and night vi-
sion goggles.
"I think we're going to
see an increase in these
kinds of attacks," said
Kurt Braddock, a profes-
sor and extremism re-
searcher at the Polariza-
tion and Extremism Re-
search and Innovation
Lab at American Univer-
sity. "Until we're able to
figure out a way to ad-
dress this, this kind of
disinformation is going to
keep spreading, and with
it the risk of increased
radicalization and vio-
lence."
Elected leaders in
some states are consider-
ing
onsidering howto address the in-
ternet's rote in radicaliz-
ing extremists. New York
lawmakers, for example,
recently introduced leg-
islation to require social
media companies to set
policies on "hateful can-
duct"and to create mech-
aniams for users to report
disturbing posts they
may read.
New York Attorney
General Letitia James Ini-
tiated an investigation
Into some of the plat-
forms used by the Buffalo
gunman, who streamed
his attack on Twitch,
which Is owned by Ama-
zon. Twitchpulledthe Ifv-
esream after about two
minutes.
Federal authorities
have also taken notice,
himeasing funding fur in-
vestigations into domes-
tic terrorism, a challenge
that FBI Director Christo-
pher Wray last year de-
As Americans reel from repeated shootings, law enforcement officials and experts on extremism are taking
Increasing notice of the sprawling online space devoted to guns and gun rights. JAE c HONG/AP RLE
scribed as "metastasiz.
Personalized
sibility for unfounded stars of tactical training
ing: But there's little few
conspiracy theories
Videos posted on plat -
enforcement can do but
"You shouldn't be
about federal plots to
forms like YouTube say
monitor as extremistsseize
Bob Anderson, WMS
Americans guns,
their intended audience
use the threat affirm con-
Stared of the
according to Braddock.
is law enforcement, oth-
tml to recruit new mem-
NRA. You should
"What'sthefirstrulein
ers say their subscriber
bers.
9ea,i,in u,l lornwra Wvivua MaW amgl Le,N Fm
Fieuia.LLC IYWaNesev RXRMIIC
salesmanship?It's to cre-
base ismostly those lack -
Extremists paint any
be scared of m"
ate the need for the item.
ing to arm themselves
effort to regulate firearms
We think about guns as
against the government.
as the prelude to wide-
online ghost gun dealer
something different -
Despite their alarm,
spread gun seizures, ac-
and they are because
law enforcement officials
cording to Callum Hood,
way in the U.S. in dec-
they're instruments ofvi-
and experts on extrem-
director of research at the
ades.
olence - but they're also
ism caution there's little
Center for Countering
Rather ftum be under
commodities sold in huge
to do about the growing
Digital date, a UK -based
threat, guns are Flourish-
quantities," Braddock
online spaces devoted to
organization that re-
ing. Since 2000, the year
said. "They're creating
military -style weaponry
searches online extrem-
after the Columbine
the illusion of need."
unless they find evidence
ism and abuse.
school shooting in Colo-
Contacted by The As-
of illegal gun sales or oth-
"The message quickly
rado, the number of fire-
sociated Press, one web-
er crimes.
becomes 'the govern-
arcus manufactured in
site selling ghost gun kits
For their part, tech
ment is coming to take
the U.S. hastripled. There
responded with a state-
companies and social
your guns and leave you
are now an estimated
ment saying "ail ques-
media platforms like
undefended; "Hoodsaid.
400million guns in the
tions" about regulating
Facebook and Twitter say
That's despite the obvi-
U.S. - more than one for
firearms amount to "na-
they have ndes to prohib-
ous political challenges
everyone in the country-
ked attempts to disarm
It violent threats, hate
that even modest at-
giving the nation the
traditional Americans,
speech and other content
tempts at gun control
world's highest gun own-
weaponize the govern-
that poses a direct harm.
face in the U.S. Despite a
ership rate.
merit against them, and
Some platforms also pro-
long and growing list of
Gun manufacturers
subject them in the igno-
built the sale of firearms.
mass shootings, gun
and industry groups like
rant and vicious tools of
rights have not been re-
the National Rifle Associ-
federal power"
stricted in any significant
ation bear some respon-
while some of the cre-
BEFORE THE BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING TO CONSIDER
ADOPTING A RESOLUTION FOR THE DISPOSITION
OF 2022 COUNTY SURPLUS PROPERTIES FOR
AFFORDABLE HOUSING
NOTICE IS HERESY GIVEN that the Board of County
Commissioners of Inclian River County, Florida, shall role a Public
hearing to considar the adoption of a county resoanion to, the
dispoalbon or M22 county owned surplus lends fon affil ise
housing, aids regWar ~IN rent on Tuesday, June 21, 2022 at
aw a.m. w as soon Iheraefter as the maser may be heard, in the
County Commission Chambers of County mahiNshation Buildw
A. located al 1801 27th Street, Vero Beach, Ronde. All interested
persons are inAtad to aaend and as heard.
The list of county owned lands may be inspepNtl by the Wait: at
the Community Development Oe uarnarl located on the County
Abri W ehon Suilding A boated at 1801 27th Street, Vero Beach,
Fords, between Ihehwrs W 8:30 a.m. Into 5:00 P.I. on weekdays.
For note kA,.mmation, caused IM long Range Planning Section at
(772) 226-1250. Amendments to the proposed rewlwm may be
made by the Boats of County Conammorers at the punk soriW
ANYONE WHO MAY WISH TO APPEAL ANY DECISION
WHICH MAY BE MADE AT THIS MEETING WILL NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIOENCE
UPON WHICH THE APPEAL IS BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING MUST CONTACT THE COUNTYS AMERICANS
WITH DISABILITIES ACT COORDINATOR AT (772) 226-1223, AT
LEAST QHOURS IN ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By: -e- Petr D. O'Bry rr, Chairman
Personalized
Investment
Advice
Stock a Bonds
Mutual Funds -CD's
IRA's e Life Insurance
Bob Anderson, WMS
President/Financial Advisor (LFF)
772-978-0404
ANDERSON WEALTH
MANAGEMENT
Serving Indian River
1515 Indian River Blvd., Suite A243
County since 1998
Vero Beach, FL 32960
9ea,i,in u,l lornwra Wvivua MaW amgl Le,N Fm
Fieuia.LLC IYWaNesev RXRMIIC
www.AndersonWM.com
Freers Com Newspapers
PARTOFTHE USA TODAY NETWORk
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL32960
AFFIDAVIT OF PUBLICATION
INDIAN RIVER COUNTY PLANNING
1801 27TH ST
VERO BEACH, FL 32960
ATTN
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally
appeared, said legal clerk, who on oath says that he
is a legal clerk of the Indian River Press Journal, a
daily newspaper published at Vero Beach in Indian
River County, Florida: that the attached copy of
advertisement was published in the Indian River
Press Journal in the following issues below. Affiant
further says that the said Indian River Press Journal
is a newspaper published in Vero Beach in said
Indian River County, Florida, and that said
newspaper has heretofore been continuously
published in said Indian River County, Florida, daily
and distributed in Indian River County, Florida, for a
period of one year next preceding the first
publication of the attached copy of advertisement ;
and affiant further says that she has neither paid or
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper. The Indian River
Press Journal has been entered as Periodical
Matter at the Post Offices in Vero Beach, Indian
River County, Florida and has been for a period of
one year next preceding the first publication of the
attached copy of advertisement.
61512o2y,s
scribed and sw rn to before on June 5th, 2022
r <1 A L
Notary, State of W, Count of'Brown
My commission expires: 1
ql q
ICKY FELTY
Publication Cost: $157.50
Notary Public
Ad NO:GC10894066
State of Wisconsin
Customer No: 463755
PO#: PUBLIC NOTICE
THIS IS NOT AN INVOICE
ql q
INDIAN RIVER COUNTY, •R !.
NOTICE OF PUBLIC HEARING TO CONSIDER
ADOPTING A RESOLUTION FOR THE DISPOSITION,
OF 2022 COUNTY SURPLUS PROPERTIES FOR
AFFORDABLE
O.'•_ HOUSING
NOTICE IS HEREBY GIVEN that the Board of County
Commissioners of Indian River County, Florida, shall hold a public
hearing to consider the adoption of a county resolution for the
disposition of 2022 county owned surplus lands for affordable
housing, at its regular meeting held on Tuesday, June 21, 2022 at
9:00 a.m. or as soon thereafter as the matter may be heard, in the
County Commission Chambers of County Administration Building
A, located at 1801 27th Street, Vero Beach, Florida. All interested
persons are invited to attend and be heard.
The list of county owned lands may be inspected by the public at
the Community Development Department located on the County
Administration Building A located at 1801 27th Street, Vero Beach,
Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays.
For more information, contact the Long Range Planning Section at
(772) 226-1250. Amendments to the proposed resolution may be
made by the Board of County Commissioners at the public hearing.
ANYONE WHO MAY WISH TO APPEAL ANY DECISION
WHICH MAY BE MADE AT THIS MEETING WILL NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS
WITH DISABILITIES ACT COORDINATOR AT (772) 226-1223, AT
LEAST 48 HOURS IN ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By: -s- Peter D. O'Bryan, Chairman
TR-GC10894066-01
108/
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: S6(vann(_A_ 2 an Jt _ - y LE
ADDRESS: LJ'�/ -1 Q Iva a Vd q-ed-ck PHONE: q59 L5 19 Cj
Kt, 3 Lq (o l
SUBJECT MATTER FOR DISCUSSION: TS} oy X V
C V -C) ,,G&_Q_ C
S+rA " -e S
Ol qol-� C(Avq-
IS A DIGTTAL/ELECTRONIC PRESENTATION PLANNED?
YES
N NO
Comrnvn�
WHATRESOLUTION ARE YOU--�) !Se-+ (x-
REQUESTING OF THE COMMISSION?
ION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED.,�
�{� t � n [ 11.,."'i��
�
G
U � � C u V t'r`y
L-avtCe-
-0- 5 f -S
a YES
Ili
NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET'TIHS
REQUEST?
For IRC Staff only:
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
l oe
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Phillip J. Matson, AICP; Community Development Director
FROM: Brian Freeman, AICP; MPO Staff Director
DATE: June 10, 2022
SUBJECT: Notice of Public Hearing Scheduled for July 5, 2022 Board Meeting for an LDR
Amendment Modifying the Criteria for Accessory Dwelling Units
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of June 21, 2022.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board consideration:
Julv 5, 2022:
1. Consideration of Land Development Regulation (LDR) Amendments to Section 971.41
Modifying the Criteria for Accessory Dwelling Units (Legislative)
RECOMMENDATION:
The referenced public notice item is provided for the Board's information. No action is needed at this
time.
93
1
11A
County Administrator's Matters
June 21, 2022
�vER
Office of the
INDIAN RIVER COUNTY
ADMINISTRATOR
OR1��
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: June 13, 2022
SUBJECT: Executive Session to Discuss IAFF Negotiations
Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss
negotiations with IAFF for wage increases for FY22/23. The meeting will be held on June 21, 2022,
immediately following the regular meeting of the Board of County Commissioners. This meeting is
exempt from F.S. 286.011. Discussions are limited to matters related to the negotiations. Members of
the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director
of Human Resources; Michael Zito, Assistant County Administrator; Tad Stone, Director of Emergency
Services; David Johnson, Fire Chief, Kristin Daniels, Budget Director; and County Administrator, Jason
Brown.
94
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
/3�
CountyAttorneys Matters - B. CC 6.21.22
Of ce of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: June 15, 2022
SUBJECT: FDOT Agreement for Brightline Improvements and Brightline Subrecipient Agreement
BACKGROUND.
On June 8, 2021, the Indian River County Board of County Commissioners ("Board") approved a
settlement agreement with Brightline Trains Florida, LLC (`Brightline") resolving the outstanding
litigation between the parties. As part of the settlement agreement, the parties agreed to fully cooperate in
the pursuit of various grants for the funding of various safety improvements, which were estimated to cost
$31,604,565. Pursuant to Specific Appropriation 1915A of the 2021-2022 General Appropriations Act,
Chapter 2021-36, Section 5, Laws of Florida, the Florida Department of Transportation ("Department") is
authorized to provide $2,584,099 in funding for some of the Brightline highway -railroad at grade crossing
improvements in Indian River County. In order to provide that funding, the Department must enter into
an agreement with Indian River County, with Indian River County serving as a pass thru entity of the
funds. The funds will be used for safety improvements at various highway -railroad at grade crossings in
Indian River County. As Indian River County will merely serve as a pass thru entity, Indian River County
will need to enter into a subrecipient agreement with Brightline, in which Brightline agrees to meet the
various requirements set forth in the agreement Indian River County will have with the Department.
FUNDING.
The $2,584,099 for the improvements set forth in the State of Florida Department of Transportation Local
Transportation Project Funding Agreement will be paid for by the State of Florida and will pass thru
Indian River County. Funding for this expenditure will be allocated on a future budget amendment.
RECOMMENDATION.
The County Attorney's Office recommends that the Indian River County Board of County Commissioners
vote to approve the State of Florida Department of Transportation Local Transportation Project Funding
Agreement and the Indian River County - Brightline Subrecipient Agreement and authorize the chair to
execute the agreements after final review and approval by the County Attorney.
ATTACHMENT(S).
State of Florida Department of Transportation Local Transportation Project Funding Agreement
Indian River County - Brightline Subrecipient Agreement
C:IGmnim,aegismrSlL5lTemptdjb93eie ab/Sdada2J2A5733e39/26b.dw 95
Financial Project No.: 449221-1-94-01 Fund: ElV122 FLAIR Approp:
Function: FLAIR Obj.: 751000
Contract No: G2A83 Contract Amount: $2,584;099 Org.
DUNS No: Code: 55042010429
Vendor No.:
CFDA No and Title: NIA Agency DUNS No: F596000674001
CSFA No. and Title: 55.039 Local Transportation
Projects
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL TRANSPORTATION PROJECT FUNDING AGREEMENT
This Local Transportation Project Funding Agreement ("Agreement"), is entered between
the State of Florida, Department of Transportation ("Department") and Indian River County,
Florida, a political subdivision of the State of Florida (the "County"). The Department and the
County are sometimes referred to in this Agreement individually as a "Party" and collectively as
the "Parties."
RECITALS
A. The Department is authorized pursuant to Specific Appropriation 1915A of the
2021-2022 General Appropriations Act, Chapter 2021-36, Section 5, Laws of Florida, to provide
:funding for the project described in Exhibit "A" attached to and incorporated in this Agreement
(the "Project").
B. On June , 2022, the Indian River County Board of County Commissioners
authorized the County to enter into this Agreement.
AGREEMENT
1. The Recitals above are true and correct and are made a part of this Agreement.
2. The term of this Agreement shall .begin upon the date of signature of the last party
to sign this Agreement ("Effective Date") and continue for thirty six (36) months after the Effective
Date, unless terminated earlier. The Effective Date will be treated as the Department's issuance of
a Project notice to proceed. The Department shall have the immediate option to terminate this
Agreement if the Project is not completed within the term of this Agreement, unless an extension
of the time period is requested by the County in writing and granted in writing by the Department
prior to the expiration of the Agreement. Expiration of this Agreement will be considered
termination of the Project.
3. The County shall deliver the Project, as specified in Exhibit "A", to the extent
funding is available under this Agreement. The Department acknowledges that all work being
designed, permitted, and constructed as part of this agreement will be performed by the County's
M.
subrecipient, Brightline Trains Florida, LLC (`Brightline"), and that the County is entering into
this Agreement in reliance upon Brightline's commitments to the County under the terms of the
Settlement Agreement between the County and Brightline Trains Florida, LLC, dated effective as
of June 8, 2021 (the "Settlement Agreement").. Nothing in this Agreement shall be construed as
requiring the County to perform any activity which is outside of the scope of services of the Project
as defined in Exhibit "A", or which is in excess of the funding available under this Agreement.
The County shall provide quantifiable, measurable, and verifiable units of deliverables. The
Project, the quantifiable, measurable, and verifiable units of deliverables, the minimum level of
service to be performed and the criteria for evaluating successful completion are described more
fully in Exhibit "A".
4. The County, either itself or through the County's subrecipient, shall be responsible
for obtaining clearances/permits required for the construction of the Project from the appropriate
permitting authorities. Execution of this Agreement constitutes a certification by the County that
the Project will be carried out in conformance with all applicable environmental regulations
including the securing of any applicable permits. The Department shall have no liability in the
event of non-compliance with applicable environmental regulations, including the securing of any
applicable permits.
5. The County will require its subrecipient to undertake the design, permitting,
construction, and oversight of the Project in accordance with all applicable federal, state and local
statutes, rules and regulations, including the Federal Railroad Administration and County
standards and specifications.
a. The County will task its subrecipient with responsibility for preparation of
all design plans that are necessary for the Project. All design work on the Project shall be
performed in accordance with the requirements of all applicable laws and governmental
rules and regulations and federal and state accepted design standards for the type of
construction contemplated by the Project, including, as applicable, but not limited to, the
applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD),
Federal Railroad Administration requirements, and the AASHTO Policy on Geometric
Design of Streets and Highways.
b. Execution of this Agreement by both parties shall be deemed a Project
notice to proceed to the County for the Project. Any work performed prior to the execution
of this Agreement or after the expiration or earlier termination of this Agreement is not
subject to reimbursement.
C. The Department shall have the right, but not the obligation, to independently
evaluate the work being performed on the Project.
d. The County is responsible for ensuring that the work under this Agreement
is performed in accordance with the approved Project documents, and that it will meet all
applicable County requirements, including the requirements of the Settlement Agreement.
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e. Upon completion of the work authorized by this Agreement, the County
shall notify the Department in writing of the completion of the Project.
6. Facilities constructed under this Agreement shall be maintained for their useful life
and used for the purpose of supporting public transportation. This requirement shall not be
construed to require modification of crossing or maintenance agreements between the County, its
subrecipient, and/or any third parties that otherwise assign responsibility for maintenance of the
facilities constructed under this Agreement. The terms of this provision shall survive the
termination of this Agreement.
7. Costs and expenses incurred by the County in utilizing its own work force for any
services for the Project shall not be subject to reimbursement.
8. The County will require its subrecipient to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof. Either party to the Agreement may request and shall,
within a reasonable time thereafter, be granted a conference with the other party.
9. The total estimated cost to complete all the work included in the description of the
Project is Two Million Five Hundred Eighty Four Thousand Ninety Nine and 00/100 Dollars
($2,584,099) and is allocated among the Project activities in the Project Budget in Exhibit `B".
10. The Department agrees to reimburse the County in an amount not to exceed Two
Million Five Hundred Eighty Four Thousand Ninety Nine and 00/100 Dollars ($2,584,099) (the
"Department Contribution") for actual costs incurred for the Project, excluding County overhead,
pursuant to the milestones identified in Exhibit `B". Project costs eligible for reimbursement will
be allowed only from the Effective Date of this Agreement. Travel costs will not be reimbursed.
a. The County shall establish for the Project, consistent with the Departments
program guidelines/procedures, separate accounts to be maintained within its existing
accounting system or separate independent accounts. Records of costs incurred under terms
of this Agreement shall be maintained by the County and made available upon request to
the Department at all tunes during the period of this Agreement and for five (5) years after
final payment is made for the applicable state fiscal year. Copies of these documents and
records shall be furnished to the Department upon request. Records of costs incurred
include the County's general accounting records and the Project records, together with
supporting documents and records, of the County and all sub -recipients performing work
on the Project and all other records of the County and sub -recipients considered necessary
by the Department for a proper audit of costs. if any litigation, claim, or audit is started
before the expiration of the five (5) year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
b. The County shall charge to the Project accounts all eligible costs of the
Project.
C. Payments shall be made by the Department for completion of the work
specified in each individual milestone in Exhibit `B". Payment for work within the scope
of each milestone identified in Exhibit `B" shall be made only after receipt and approval
of goods and services for the relevant milestone by the County, unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215
and 216, F.S., or the Department's Comptroller under Section 334.044(29), F.S.
d. If the Department determines that the performance of the Project is
unsatisfactory, the Department shall notify the County of the deficiency to be corrected,
which correction shall be made within a time -frame to be specified by the Department. The
County shall, within five days after notice from the Department, provide the Department
with a corrective action plan describing how all issues of contract non-performance,
unacceptable performance, failure to meet the minimum performance levels, deliverable
deficiencies, or contract non-compliance will be addressed. If the corrective action plan is
unacceptable to the Department, the Department will assess a non-performance retainage
equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice
for the then -current billing. The retainage shall be withheld until the deficiency is resolved.
If the deficiency is subsequently resolved, the County may bill the Department for the
retained amount. If the deficiency remains unresolved, the funds retained will be forfeited
at the end of the Agreement's term.
e. Invoices shall be submitted by the County upon completion of the
individually identified milestones and in detail sufficient for a proper pre- audit and post -
audit thereof, based on the quantifiable, measurable and verifiable deliverables as
established in Exhibit "A". Deliverables must be received and accepted in writing by the
Department's Project Manager or designee prior to reimbursements.
f. Supporting documentation must establish that the deliverables were
received and accepted in writing by the County and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Exhibit "A" was met.
g. All costs charged to the Project by the County shall be supported by detailed
invoices, proof of payments, contracts or vouchers evidencing in proper detail the nature
and propriety of the charges, as described in Exhibit "C" Contract Payment Requirements.
h. The County shall submit the final invoice to the Department within one
hundred eighty (180) days after the final acceptance of the Project. Upon expiration or
earlier termination of this Agreement, any balance of unobligated funds which has been
advanced or paid to the County must be refunded to the Department.
L Any Project funds made available by the Department pursuant to this
Agreement which are determined by the Department to have been expended by the County
in violation of this Agreement or any other applicable law or regulation, or are otherwise
in excess of the amount to which the County is entitled under the terms and conditions of
this Agreement, shall be promptly refunded in full to the Department. Acceptance by the
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Department of any documentation or certifications, mandatory or otherwise permitted, that
the County files shall not constitute a waiver of the Department's rights as the funding
agency to verify all information at a later date by audit or investigation.
11. The County should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods and services. The
Department has twenty (20) days to deliver a request for payment (voucher) to the Department of
Financial Services. The twenty (20) days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. If a payment is not
available within forty (40) days, a separate interest penalty at a rate as established pursuant to
Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount.
Interest penalties of less than one dollar ($1.00) will not be enforced unless the County requests
payment. Invoices which have to be returned to the County because of County preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to and accepted by the Department. A Vendor Ombudsman has
been established within the Department of Financial Services. The duties of this individual include
acting as an advocate for entities who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or
by calling the Division of Consumer Services at (877) 693-5236.
12. In the event this Agreement is in excess of $25,000.00 (Twenty Five Thousand
Dollars and 00/100) and a term for a period of more than one (1) year, the provisions of Section
339.135(6)(a), Florida Statutes, are incorporated as follows:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure of
money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The Department shall
require a statement from the Comptroller of the Department that funds are available
prior to entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods
exceeding one (1) year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the
Department which are for an amount in excess of $25,000.00 and which have a
term for a period of more than one (1) year."
13. The administration of the State resources awarded through the Department to the
County by this Agreement may be subject to audits and/or monitoring by the Department. The
following requirements do not limit the authority of the Department to conduct or arrange for the
conduct of additional audits or evaluations of Federal awards or State financial assistance or limit
the authority of any state agency inspector general, the State of Florida Auditor General, or any
other state official. The County shall comply with all audit and audit reporting requirements as
specified below and shall further require its subrecipient to comply with all audit and audit
reporting requirements as specified below.
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a. In addition to reviews of audits conducted in accordance with Section 215.97,
Florida Statutes, monitoring procedures to monitor the County's use of state financial
assistance may include but not be limited to on- site visits by Department staff and/or other
procedures including, reviewing any required performance and financial reports, following
up, ensuring corrective action, and issuing management decisions on weaknesses found
through audits when those findings pertain to state financial assistance awarded through
the Department by this Agreement. By entering into this Agreement, the County agrees to
comply and cooperate fully with any monitoring procedures/processes deemed reasonably
appropriate by the Department. The County further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Department,
the Department of Financial Services (DFS) or State of Florida Auditor General.
b. The County, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,
as a recipient of state financial assistance awarded by the Department through this
Agreement is subject to the following requirements:
L In the event the County meets the audit threshold requirements
established by Section 215.97, Florida Statutes, the County must have a State single
or project -specific audit conducted for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services;
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement,
State Financial Assistance (Florida Single Audit Act), indicates state financial
assistance awarded through the Department by this Agreement needed by the
County to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the County
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies
and other nonstate entities. State financial assistance does not include Federal direct
or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
ii. In connection with the audit requirements, the County shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the County does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the County is exempt for such fiscal
year from the state single audit requirements of Section 215.97, Florida Statutes.
However, the County must provide a single audit exemption statement to the
Department at FDOTSingleAudit@dot.state.tl.us no later than nine months after
the end of the County's audit period for each applicable audit year. In the event the
County does not meet the audit threshold requirements established by Section
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215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the
audit must be paid from the County's resources (i.e., the cost of such an audit must
be paid from the County's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for- profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit@dot.state.fl.us
and
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt@aud.state.fl.us
V. Any copies of financial reporting packages, reports or other
information required to be submitted to the Department shall be submitted timely
in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
vi. The County, when submitting financial reporting packages to the
Department for audits done in accordance with Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of
the Auditor General, should indicate the date the reporting package was delivered
to the County in correspondence accompanying the reporting package.
vii. Upon receipt, and within six (6) months, the Department will review the
County's financial reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate corrective action on all deficiencies has been taken pertaining to the
state financial assistance provided through the Department by this Agreement. If
the County fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Department may take appropriate corrective action to enforce
compliance.
viii. As a condition of receiving state financial assistance, the County
shall permit the Department, or its designee, DFS or the Auditor General access to
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the County's records including financial statements, the independent auditor's
working papers and project records as necessary. Records related to unresolved
audit findings, appeals or litigation shall be retained until the action is complete or
the dispute is resolved.
C. The County shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five years from the date the audit report is
issued and shall allow the Department, or its designee, DFS or State of Florida Auditor
General access to such records upon request. The County shall ensure that the audit
working papers are made available to the Department, or its designee, DFS or State of
Florida Auditor General upon request for a period of five years from the date the audit
report is issued unless extended in writing by the Department.
14. The County shall permit, and shall require its subrecipient to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, and records, and
to audit the books, records, and accounts pertaining to the financing and development of the
Project.
15. If the Project involves a contract for construction pursuant to Chapter 255, Florida
Statutes, and at the time of the competitive solicitation for the Project construction contract fifty
(50) percent or more of the cost of the Project construction contract is to be paid from state -
appropriated funds, then the County must comply with the requirements of Section 255.099(1),
Florida Statutes. If the Project involves a consultant contract for engineering, architecture or
surveying services, the County shall comply in full with provisions of Section 287.055, Florida
Statutes, Consultants' Competitive Negotiation Act.
16. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to
incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.
17. The County shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County in conjunction with this Agreement. Failure by the County to grant such public access shall
be grounds for immediate unilateral cancellation of this Agreement by the Department.
18. The County shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof.
19. Funds provided under this Agreement may not be used for the purpose of lobbying
the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347,
Florida Statutes.
20. This Agreement does not involve the purchase of Tangible Personal Property, as
defined in Chapter 273, Florida Statutes.
21. The County and the Department agree that the County, its employees, subrecipient,
contractors, and subcontractors are not agents of the Department as a result of this Agreement. The
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Department shall not be obligated or liable hereunder to any person or entity other than the County.
22. The Department may, by written notice to the County, terminate this Agreement or
suspend any or all of the Department's obligations under this Agreement for the County's failure
to comply with applicable laws or the terms of this Agreement until such time as the event or
condition resulting in such suspension has ceased or been corrected.
a. If the Department terminates the Agreement, the Department shall notify
the County of such termination in writing within thirty (30) days of the Department's
determination to terminate the Agreement, with instructions as to the effective date of
termination or to specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may also terminate this Agreement when its
continuation would not produce beneficial results commensurate with the further
expenditure of funds. In this event, the Parties shall agree upon the termination conditions
through mutual written agreement.
C. If the Agreement is terminated before performance is completed, the
County shall be paid only for that work satisfactorily performed for which costs can be
substantiated. Such payment, however, may not exceed an amount which is the same
percentage of the contract price as the amount of work satisfactorily completed is a
percentage of the total work called for by this Agreement.
d. Upon termination of this Agreement, the County shall, within thirty (30)
days, refund to the Department any funds determined by the Department to have been
expended in violation of this Agreement.
23. In no event shall the making by the Department of any payment to the County
constitute or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist, on the part of the County, and the making of such payment by the
Department while any such breach or default shall exist shall in no way impair or prejudice any
right or remedy available to the Department with respect to such breach or default.
24. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida. Venue for any action arising under this Agreement shall be in Leon County,
Florida. Any provision in this Agreement determined by a court of competent jurisdiction, or any
other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable
and the remainder of this Agreement shall remain in full force and effect, provided that the
invalidated or unenforceable provision is not material to the intended operation of this Agreement.
25. The County affirms that it is aware of the provisions of Section 287.133(2)(a),
Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime 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,
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subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed
on the convicted vendor list. The County agrees that it shall not violate Section 287.133(2)(a),
Florida Statutes, and further acknowledges and agrees that any conviction during the term of this
Agreement may result in the termination of this Agreement.
26. The County will not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment because of age, ethnicity,
race, religious belief, disability, national origin, or sex. The County shall provide a harassment -
free workplace, with any allegation of harassment given priority attention and action by
management. The County shall insert similar provisions in all contracts for services to be provided
to the County under this Agreement.
27. It is not intended by any of the provisions of any part of this Agreement to create
in the public or any member thereof, a third parry beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The County guaranties the payment of all
just claims for materials, supplies, tools, or labor and other just claims against the County in
connection with this Agreement. Additionally, to the extent permitted by law and as limited by
and pursuant to the provisions of Section 768.28, Florida Statutes, the County agrees to indemnify
and hold harmless the Department , including the Department's 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 County
or persons employed or utilized by the County in the performance of this Agreement. This
indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the County's
sovereign immunity. Additionally, the County agrees to include the following indemnification in
all contracts it enters into for the performance of work in connection with this Agreement:
"To the fullest extent permitted by law, [the County's
subrecipient/contractor/consultant] shall indemnify and hold harmless the County and the State of
Florida, Department of Transportation, including the Department's 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
[subrecipient/contractor/consultant] and persons employed or utilized by the
[subrecipient/contractor/consultant] in the performance of this Agreement.
28. The Department and the County acknowledge and agree to the following:
a. The County shall utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
County during the term of the contract; and
b. The County shall expressly require any contractors and subcontractors
performing work or providing services pursuant to the state contract to likewise utilize the
10 105
U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired: by the contractor/subcontractor during the contract
term.
29. All notices pertaining to this Agreement are in effect upon receipt by either Party,
shall be in writing, and shall be transmitted either by personal hand delivery; United States Post
Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be
used if the notice is also transmitted by one of the preceding forms of delivery. The addresses and
the contact persons set forth below for the respective parties shall be the places where notices shall
be sent, unless prior written notice of change of address is given.
Department:
State of Florida Department of Transportation
Jessie Smiley
Florida Department of Transportation
District 4 Rail Administration
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309
954-777-4667
jessie.smiley@dot.state.fl.us
County:
Indian River County
Public Works Director
1801 27`'' Street, Building A
Vero Beach, FL 32960
With a copy to:
Indian River County
County Attorney's Office
180127' Street, Building A
Vero Beach, FL 32960
A copy of any notice from the Department to the County shall also be sent to:
Brightline Trains Florida LLC
161 NW 6th Street Suite 900
Miami, FL 33136
Attn: General Counsel
Email Cynthia.bergmann@gobrightline.com
30. This instrument embodies the entire agreement of the Parties. There are no
provisions, terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement, either verbal or
11 106
written, between the parties. No amendment will be effective unless reduced to writing and signed
by an authorized officer of the County and the authorized officer of the Department or his/her
delegate.
31. This Agreement may be executed in duplicate originals.
107
IN WITNESS WHEREOF; the Parties have executed this Agreement on the day and year written above.
INDIAN RIVER COUNTY
By:
Name:
Title:
Legal Review:
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION
By:
Name:
Title:
Legal Review:
13
108
EXHIBIT A
PROJECT DESCRIPTION
A. Project Description (description of County's project to provide context, description of project components funded via
this Agreement (if not the entire project)):
Safety improvements and upgrades at Indian River County roadway crossings necessary for higher -speed rail service through
the county to provide added protection for the residents of Indian River County due to the proposed higher -speed rail service,
including installation of additional fencing, sidewalk protection, second train warnings for pedestrians and motorists, and
road widening to accommodate bicyclists at existing railway crossings. Particularly, the Additional Crossing Improvements,
as that term is defined in the Settlement Agreement between the County and Brightline Trains Florida, LLC, dated effective
as of June 8, 2021, and as more particularly described in Exhibit C to such Settlement Agreement, a copy of which is attached
to this Exhibit A as Attachment A-1, not including the work identified in the columns for "FDOT Best Practice" or
"Brightline", and excluding the railroad crossing panels to be installed at a width sufficient to accommodate future Indian
River road widening projects planned at 41 st Street,45th Street, and 49th Street.
B. Project Location (limits, city, county):
Indian River County, Florida
At grade rail/roadway crossings included in list attached to this Exhibit A.
❑ Illustration/graphic/map of project area is applicable and attached to this Exhibit A.
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline,
project schedule, project size):
The elements to be constructed within are site-specific to the individual crossings located from milepost 212.57 and 232.86
as described below:
1. Second Train Warning
Quantity: 74
Schedule: Work to be completed after crossings go into operation as part of local preference crossing improvements
Scope: Blank -out signs and horns will be installed at sidewalks to warn pedestrians of an oncoming train on the
second track.
2. Widen Crossing Panels P
Quantity: 8
Schedule: Work to be completed prior to each crossing going into operation
Scope: This work focuses on widening the existing crossing panels to provide the additional sidewalks and bike
lanes at certain crossings and sufficient width to accommodate future Indian River County roadway and sidewalk
improvements at the designated locations.
3. Mill & Resurface Striping; Limits
Quantity: 32
Schedule: Work to be completed prior to each crossing going into operation
Scope: This work will include milling and resurfacing all thirty-two crossings within the limits of new enhanced
striping that will be installed at each crossing. The enhanced striping is not funded through this grant agreement.
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4. Additional Sidewalk
Quantity: 1
Schedule: Work to be completed prior to crossing going into operation
Scope: At one crossing, sidewalks with ADA ramps will be installed across the tracks. The new sidewalk will
improve connectivity and access for pedestrians.
5. Road Widen Bypass/Bike Lane
Quantity: 8
Schedule: Work to be completed prior to each crossing going into operation
Scope: At several crossings, improvements will be made to provide a safe passage for bicyclists. This work will
focus on pavement markings and widening.
See Attachment A-2 for a breakdown of the crossings and quantities.
D. Unallowable Costs (including but not limited to):
Recipient overhead or administrative fees.
E. Department Project Manager. The Department's Project Manager for the Project, and contact information, is:
Jessie Smiley
Florida Department of Transportation
District 4 Rail Administration
3400 West Commercial Blvd.
Ft. Lauderdale, FL 33309
954-777-4667
jessie.smilgy@dot.state.fl.us
15
110
Attachment "A-1"
Exhibit C to the Settlement Agreement between Indian River County and Brightline Trains Florida, LLC,
dated effective as of June 8, 2021
This attachment is part of Exhibit "A" to that certain Local Transportation Project Funding Agreement between the State
of Florida, Department of Transportation and Indian River County.
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Attachment "A-2"
This attachment is part of Exhibit "A" to that certain Local Transportation Project Funding Agreement between the
State of Florida, Department of Transportation and Indian River County.
17
114
Second
Train
Warning
NViden Mill & Sidewalks Bike
Crossing Resurface InstaIlatio Lane
Panels Striping n Installatio
n
j Crossing Name
MP
Quantity
Quantity-
Quantity,
Quantity Quantity
Crossing 272159U - Roseland Road
212.57
2
1
Crossing 272161V - Main Street
214.42
4
1
j Crossing 273063H - CR 512 WB (Sebastian Blvd)
214.83
2
2
1
1
Crossing 272162C - CR 512 EB (Sebastian Blvd)
215.06
2
2
1
1 1
Crossing 272163J - Old Dixie Hwy
216
1
Crossing 272164R - Schumann Dr
216.59
2
1
Crossing 272165X - 99th Street (Vickers Rd)
217.61
1
Crossing 272974H - Barber Street
218.03
4
1
Crossiu2 272168T - Wabasso Rd/CR 510185th St
219.58
4
1
Crossing 27217OU - 771h Street (Hobart Rd)
220.7
2
1
Crossing 272172H - 69th Street (N Winter Beach)
221.57
2
1
1 2
Crossing 272173P - 65th Street (S Winter Beach Rd)
222.32
2
1
1
Crossing 272175D - Hawks Nest Rd
223.18
1
Crossing 273108M - 53rd Street
223.9
4
1
2
Crossing 2721775 - 49th Street
224.42
4
1
2
Crossing 272178Y - 45th Street
224.94
4
1
Crossing 272179F - 43rd Street
225.12
1
Crossing 272180A - 41st Street
225.46
4
1
Crossing 273047Y - 32nd Street (Aviation Blvd)
226.65
1
Crossing 272189L - 26th Street
227.06
2
1
Crossing 27219OF - 14th Ave
227.14
1
Crossing 272191M - 23rd Street
227.31
2
1
Crossing 272192U - 21st Street
227.48
2
1
Crossing 272193B - 201h Street
227.55
4
1
Crossing 272958Y - 19th Place
227.61
4
1
Crossing 272195P - 17th Street/16th Street
228.02
4
1
Crossing 272196AT - 12th Street
228.66
4
1
Crossing 272197D - Glendale Rd
229.19
1
Crossing 273049M - 4th Street (Indian River Blvd)
229.75
4
1
Crossing 272199S - 1st Street
230.15
2
1
Crossing 272200) - Oslo Rd
231.31
4
1
Crossing 272201R - Highlands Dr
232.86
4
1
Subtotal
74
8
32
i 8
17
114
Attachment "A-2"
This attachment is part of Exhibit "A" to that certain Local Transportation Project Funding Agreement between the
State of Florida, Department of Transportation and Indian River County.
17
115
Second
Train
Warning
NViden Mill S SideiNalks Bike
Crossing Resui1'ace Installatio Lane
Panels Striping n Installatio
n
Crossing Nance
MP
Quantity.
Quantity
Quantic
I Quantity Quantity
Crossing 272159U - Roseland Road
212.57
2
1
Crossing 272161V - Main Street
214.42
4
1
Crossing 273063H - CR 512 RB (Sebastian Blvd.)
214.83
2
2
1
1
Crossing 272162C - CR 512 EB (Sebastian Blvd)
215.06
2
2
1
1
Crossing 272163) - Old Dixie Hwy
216
1
Crossing 272164R - Schumann Dr
216.59
2
1
Crossing 272165X - 99th Street (Vickers Rd)
217.61
1
Crossing 272974H - Barber Street
218.03
4
1
Crossing 272168T - Wabasso Rd/CR 510/85th St
219.58
4
1
Crossing 27217OU - 77th Street (Hobart Rd)
220.7
2
1
Crossing 272172H - 69th Street (N Winter Beach)
221.57
2
1
1 2
Crossing 272173P - 65th Street (S Winter Beach Rd)
222.32
2
1
1
Crossing 272175D - Hawks Nest Rd
223.18
1
Crossing 273108M - 53rd Street
223.9
4
1
2
Crossing 272177S - 49th Street
224.42
4
1
2
Crossing 272178Y - 45th Street
224.94
4
1
Crossing 272179F - 43rd Street
225.12
1
Crossing 272180A - 41st Street
225.46
4
1
Crossing 273047Y - 32nd Street (Aviation Blvd)
226.65
1
Crossing 272189L - 26th Street
227.06
2
1
Crossing 27219OF - 14th Ave
227.14
1
Crossing 272191M - 23rd Street
227.31
2
1
Crossing 272192U - 21st Street
227.48
2
1
Crossing 272193B - 20di Street
227.55
4
1
Crossing 272958Y - 19th Place
227.61
4
1
Crossing 272195P - 17th Street/16th Street
228.02
4
1
Crossing 2721961W - 12th Street
228.66
4
1
Crossing 272197D - Glendale Rd
229.19
1
Crossing 273049M - 4th Street (Indian River Blvd)
229.75
4
1
Crossing 272199S - lst Street
230.15
2
1
-Crossing 272200J - Oslo Rd
231.31
4
1
Crossing 272201R - H*hlands Dr
232.86
4
1
Subtotal
74
8
32
1 8
17
115
EXHIBIT B
PROJECT BUDGET
This exhibit forms an integral part of that certain Local Transportation Project Funding Agreement between the State
of Florida, Department of Transportation and Indian River County.
LOCAL PREFERENCE IMPROVEMENTS
Estimate
Second Train Warning
$1,017,726
Widen Crossing Panels 1'
$73,445
Traffic Signal Yellow Trap (flashing yellow arrow)
$0
Mill & Resurf. Striping Limits
$583,194
Addl. Sidewalks (65th Street Only)
$754,999
Road Widen Bypass/Bike Lanes
$154,735
Total Local Preference
$2,584,099
�EP
l'y., x.. t..r�h.. ➢ "�'w w..��.
.'ate
Maximum Limiting Amount Payment Milestone
'I7aymeut Amount:
Milestone 1: Completed 1-8 Crossings
$0
Milestone 2: Completed 9-16 Crossings
$0
Milestone 3: Completed 17-24 Crossings
$1,292,049.50
Milestone 4: Completed 25-32 Crossings
$1,292,049.50
Total $2,584,099.00
18
116
EXHIBIT C
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed
must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of
documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget
may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being
provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a
specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount
must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes
submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the property to the State when
services are terminated. Documentation must be provided to show compliance with Department of Management
Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include
services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on
a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs:If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address bttp://www.fldfs-com/aadir/reference—p-uide.htm.
19
117
EXHIBIT D
State Financial Assistance (Florida Single Audit Act)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department of Transportation
State Project Title: LOCAL TRANSPORTATION PROJECTS
CSFA Number: 55.039
*Award Amount: $2,584,099.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.039 is provided at: bttps://gpps.fldfs-coni/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.039 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance aspx
The State Projects Compliance Supplement is provided at: htWs://4pps.fldfs.com/fsaa/coml2liance.aspx
20
118
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL TRANSPORTATION PROJECT FUNDING AGREEMENT
INDIAN RIVER COUNTY - BRIGHTLINE SUBRECIPIENT
AGREEMENT
THIS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL
TRANSPORTATION PROJECT FUNDING AGREEMENT INDIAN RIVER COUNTY —
BRIGHTLINE SUBRECIPIENT AGREEMENT ("Agreement") is entered into as of the
day of June, 2022 by and between Indian River County, a political subdivision of the State of
Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("Recipient"), and
Brightline Trains Florida, LLC, whose address is 161 NW 6th Street, Suite 900, Miami, Florida,
33136 (the "Subrecipient").
RECITALS
WHEREAS, the State of Florida Department of Transportation ("FDOT") and Recipient
have entered into a State of Florida Department of Transportation Local Transportation Project
Funding Agreement ("FDOT Agreement"), dated , 2022 for certain improvements at
railroad crossings within Indian River County, a copy of which is attached as Exhibit "A"; and
WHEREAS, the improvements described in the FDOT Agreement will be performed by
Subrecipient; and
WHEREAS, in order to ensure that the requirements of the FDOT Agreement are met and
that Subrecipient is paid for the work described in the FDOT Agreement, Recipient and
Subrecipient agree to enter into this Agreement;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Compliance Requirements. Subrecipient agrees that in order to receive funding under
the FDOT Agreement, Subrecipient shall comply with all obligations and requirements set
forth in the FDOT Agreement.
3. Monitoring. Subrecipient grants to Recipient and FDOT access to the Project, as
described in the FDOT Agreement, along with all records and progress reports required to
be made available to FDOT.
Page I of 4
119
4. Financial Penalties. Any financial penalties incurred by Recipient under the FDOT
Agreement shall be borne by Subrecipient and paid in the manner set forth in the FDOT
Agreement, unless such penalties are solely the result of Recipient's actions or omissions.
5. Maintenance. Facilities constructed under the FDOT Agreement shall be maintained for
their useful life and used for the purpose of supporting public transportation. This
requirement shall not be construed to require modification of crossing or maintenance
agreements between the Recipient, Subrecipient, and/or any third parties that otherwise
assign responsibility for maintenance of the facilities constructed under the FDOT
Agreement. The terms of this provision shall survive the termination of the FDOT
Agreement and this Agreement.
6. Subrecipient Payments. Promptly after Subrecipient completes the work within the scope
of each individual milestone identified in the FDOT Agreement, Subrecipient shall submit
an invoice for such work to Recipient, with detail sufficient for a proper pre -audit and post -
audit thereof, based on the quantifiable, measurable, and verifiable deliverables established
in the FDOT Agreement. Recipient shall have 20 business days to review and either
approve or reject each such invoice, and it shall promptly submit each approved invoice to
FDOT within 5 days thereafter, along with any other information that the Recipient is
obligated to provide FDOT in connection with requests for funding under the FDOT
Agreement. Once Recipient has received funds from FDOT under the FDOT Agreement,
it shall pay such funds to Subrecipient within 10 business days. Subrecipient will not
receive payment for any work performed under this Agreement, until Recipient receives
funds for such payments from FDOT.
7. Single Audit. Subrecipient shall comply with single audit requirement set forth in the
FDOT Agreement.
S. Indemnification. To the fullest extent permitted by law, Subrecipient shall indemnify and
hold harmless the Recipient and FDOT, including FDOT's 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 Subrecipient and persons employed or utilized by Subrecipient in the
performance of this Agreement.
9. E -Verify System. Subrecipient shall utilize the U.S. Department of Homeland Security's
E -Verify system to verify the employment eligibility of all new employees hired by the
contractor/subcontractor during the term of this Agreement.
Page 2 of 4
120
10. Termination. To the extent the FDOT Agreement is terminated for any reason, this
Agreement shall be deemed terminated. Any obligations still required of Recipient after
the termination of this Agreement shall continue to be borne by Subrecipient.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of June, 2022.
BRIGHTLINE TRAINS FLORIDA, LLC
By:
Patrick Goddard, President
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Peter D. O'Bryan, Chairman
Date approved:
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 Reingold
County Attorney
Page 3 of 4
121
/6-X/
DISTRICT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Tad Stone, Director
Department of Emergency Services
FROM: Erin Sawyer, Staff Assistant IV
Department of Emergency Services
DATE: June 15, 2022
SUBJECT: Approval of Second Renewal of Second Amendment of Property Lease for
Temporary Location of Fire Station #7
It is respectfully requested that the information contained herein be given formal consideration by the
County Administrator.
DESCRIPTION:
On June 23, 2015, Joseph G. Miller and Indian River County entered into a lease agreement for the
use of the property located at 1893 90th Avenue, Vero Beach, Florida to serve as a short-term
location for modular Fire -Rescue Station #7. On May 2, 2017, an Amendment to the Lease
Agreement was approved reflecting St. Lucie County Battery and Tire Company as the Lessor on the
agreement. The initial term on the lease agreement was 24 months with the option to renew for 3
additional one (1) year terms. On June 11, 2019, the County utilized the final one (1) year extension
and the lease expired on June 18, 2020. On August 18, 2020, the Board approved a second
amendment and renewal of the property lease with the option to renew for 3 additional one (1) year
terms. On July 6, 2021, the Board renewed the lease agreement for the first one (1) year term. The
current lease is due to expire on June 18, 2022 and at this time, staff is requesting to extend the lease
for an additional one (1) year term. The monthly lease amount will be $1,125.50.
($13,506.00/annually), an increase of 3% over the previous rate of $1,092.72 ($13,112.64/annually).
FUNDING:
Funding for the property lease is budgeted and available in the Emergency Services District/Fire
Rescue/Rent-Land Account in the amount of $13,506.00.
ACCOUNT NAME ACCOUNT NUMBER AMOUNT
Emergency Services District/Fire Rescue/Rent-Land 1 11412022-034410 $13,506.00
RECOMMENDATION:
Staff recommends approval of the second renewal of property lease.
ATTACHMENTS:
Second Renewal to Second Amendment of Lease Agreement
122
SECOND RENEWAL TO SECOND AMENDMENT OF LEASE
AGREEMENT
THIS SECOND RENEWAL OF SECOND AMENDMENT OF LEASE
AGREEMENT ("Renewal") is entered into as of the day of June, 2022 by and between St.
Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a
political subdivision of the State of Florida (the "Lessee"):
RECITALS
WHEREAS, on June 23, 2015, Joseph G. Miller and Lessee entered into a lease agreement
(the "Lease Agreement") for the use of the property located at 1893 901' Avenue, Vero Beach,
Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station #7;
and
WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the
Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to
Lessor; and
WHEREAS, on May 2, 2017, Lessor and Lessee entered into an Amendment to Lease
Agreement, reflecting St. Lucie Battery and Tire Company as the Lessor on the Lease Agreement;
and
WHEREAS, the Lease Agreement was for an initial term of 24 months and allowed the
Lessee to renew the Lease Agreement for 3 additional one (1) year terms; and
WHEREAS, the Parties renewed the Lease Agreement, as amended, until August 18,
2020, when it was set to expire; and
WHEREAS, the Parties entered into a Second Amendment and Renewal of Lease
Agreement (Second Amendment) on August 18, 2020, that renewed the Lease Agreement for an
additional one (1) year term with the option to extend the Lease Agreement for three additional
one (1) year terms; and
WHEREAS, on July 6, 2021, the Lessor and Lessee renewed the Lease Agreement for the
first one (1) year term;
WHEREAS, it is the intent of the Lessor and the Lessee that the Lease Agreement be
extended for the second one (1) year term; and
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
Page 1 of 2
123
2. Amendment. The Lease Agreement is hereby renewed to provide for an additional term
of one year from June 18, 2022 to June 18, 2023. Following the additional term, the Lessee
shall have the right to renew the Lease Agreement for one (1) additional one-year term,
provided however, that the Lessee informs the Lessor one hundred twenty (120) days
before the expiration of the lease of the Lessee's desire to exercise its right to the additional
one-year term. Be it further amended that the rental rate paid to the Lessor by the Lessee
be increased by 3% to $1,125.50 per month or $13,506.00 annually. The rent shall increase
by 3% each successive year the Lease Agreement is renewed by Lessee.
3. All provisions of the Lease Agreement, as amended by the Amendment to Lease
Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this day
of June, 2022.
INDIAN RIVER COUNTY, FLORIDA
St. Lucie Battery and Tire Company
Peter D. O'Bryan, Chairman By: G. Douglas Miller
Board of County Commissioners Title: President
Witnessed by:
Date Approved:
ATTEST: Jeffrey R. Smith Signature:
Clerk of the Court and Comptroller Printed name:
By: Signature:
Deputy Clerk Printed name:
APPROVED AS TO FORM:
Dylan Reingold, Esq.
County Attorney
Page 2 of 2
APPROVED
County Administrator
124
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 9, 2022
To: Jason E. Brown, County Administrator
From: Sean C. Lieske, Director of Utility Services
Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
Subject: Approval of FY 2023 CPI Adjustment Request by Waste Management for Franchise Agreement
Descriptions and Conditions:
On April 21, 2015, the Indian River County (IRC) 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). 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. Per
Amendment No. 1 to the Franchise Agreement, dated October 4, 2016, the maximum rate adjustment
was limited to 3%.
On June 2, 2022, WMIF submitted an annual rate adjustment request of 3.00% to be effective October 1,
2022, for Fiscal Year (FY) 2022/2023. In addition, due to extraordinary inflationary cost increases, WMIF
requested a 17.43% adjustment to the residential subscription rates only for consideration by the County
Administrator. On June 9, 2022, a conference call was held with WMIF to negotiate this request. WMIF
understood that staff could not support the 17.43% increase and elected to maintain their original request
of 3.00%.
This agenda item is requesting SWDD Board approval for the Consumer Price Index (CPI) adjustment
request by WMIF.
Analysis:
Staff has reviewed, verified, and recommends the approval of the request by WMIF of 3.00% of the
residential and commercial rates, as specified in the attached Exhibit 1. In summary, here are the changes:
Residential Unit
FY 2015/16
FY 2016/17
FY 2017/18
FY 2018/19
FY 2019/20
FY 2021/22
FY 2022/23
Change from
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Prior Year
Single Family
$9.68
$9.68
$9.83
$10.01
$10.14
$10.44
$10.75
$0.31
Subscription
Single Family
Universal/mo. *
$7.73
$7.73
$7.85
$8.00
$8.10
$8.34
$8.59
$0.25
Billed Cubic Yard
$4.73
$4.73
$4.80
$4.89
$4.95
$5.10
$5.25
$0.15
Billed Cart Service
$9.46
$9.46
$9.60
$9.78
1 $9.91
1 $10.21
$10.52
$0.31
125
SWDD Agenda - Approval of FY2023 CPI Adjustment Request by Waste Management for Franchise Agreement Page 1 of 3
SWDD Item
Residential Unit
FY 2015/16
FY 2016/17
FY 2017/18
FY 2018/19
FY 2019/20
FY 2021/22
FY 2022/23
Change from
Rate
Rate
Rate
Rate
Rate
Rate
Rate
Prior Year
Container
$100.00
$100.00
$101.51
$103.42
$104.77
$107.91
$111.15
$3.24
Maintenance Fee
15 Yard Open Top
$155.00
$155.00
$157.34
$160.30
$162.40
$167.27
$172.29
$5.02
Per Pull
20 Yard Open Top
$170.00
$170.00
$172.57
$175.81
$178.11
$183.45
$188.95
$5.50
Per Pull
30 Yard Open Top
$205.00
$205.00
$208.10
$212.01
$214.79
$221.23
$227.87
$6.64
Per Pull
40 Yard Open Top
$235.00
$235.00
$238.55
$243.03
$246.21
$253.60
$261.21
$7.61
Per Pull
Compactor -20
$245.00
$245.00
$248.71
$253.38
$256.70
$264.40
$272.33
$7.93
cubic yards
Compactor - 30
cubic yards
$245.00
$245.00
$248.71
$253.38
$256.70
$264.40
$272.33
$7.93
Compactor - 40
$245.00
$245.00
$248.71
$253.38
$256.70
$264.40
$272.33
$7.93
cubic yards
Single Family
Recycling/mo.
$2,55
$2.55
$2.59
$2.64
$2.67
$2.75
$2.83
$0.08
Multi -Family
Recycling/mo.
$2.04
$2.04
$2.07
$2.11
$2.14
$2.20
$2.27
$0.07
Commercial
$14.19
$14.19
$14.40
$14.67
$14.86
$15.31
$15.77
$0.46
Compactor
Exchange Solid
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$0.00
Waste Cart
Additional Solid
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$0.00
Waste Cart
Reinstate Service
Charge
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$25.00
$0.00
* The rates for Universal Collection listed here and as provided by WMIF in Exhibit 1 is calculated at 75% of the change in CPI; however, the
Franchise Agreement stipulates that after October 1, 2018, the CPI rate for Universal Collection is to be calculated at 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
Franchise Agreement, WMIF will submit to SWDD staff, for approval, the notice to its customers of the
rate increase prior to October 1, 2022.
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 annual cost for FY 2021/2022 was $2,900,000. Funding, in the amount
of $3,100,000, for these recyclables collection services is budgeted in the SWDD recycling account for FY
2022/2023 under SWDD/CC & Recycling/Other Contractual Services, Account No. 41125534-033490, which
is funded from SWDD assessments and user fees.
DESCRIPTION
ACCOUNT
AMOUNT
SWDD/CC & Recycling/Other Contractual Services - FY 22/23
1 41125534-033490
$3,100,000
126
SWDD Agenda - Approval of FY2023 CPI Adjustment Request by Waste Management for Franchise Agreement Page 2 of 3
SWDD Item
Recommendation:
Solid Waste Disposal District staff recommends that the Board approve the request for a 3.00% rate
adjustment by Waste Management, Inc. of Florida, and authorize the County Administrator or his
designee to send a letter of approval.
Attachment:
1. June 2, 2022 Rate Adjustment Letter from Waste Management
127
SWDD Agenda - Approval of FY2023 CPI Adjustment Request by Waste Management for Franchise Agreement Page 3 of 3
Deborah A. Perez
Government Affairs Manager
WASTE MANAGEMENT INC. OF FLORIDA
4310 771" St.
Vero Beach, FL 32960
772-413-9997
dperez@wm.com
June 02, 2022
Mr. Jason Brown
County Administrator
Indian River County
1801271h St.
Vero Beach, FL 32960 Via Email
Re: 2022 Annual CPI Notice & Extraordinary Inflationary Cost Recovery Request
Dear Mr. Brown:
Waste Management appreciates the opportunity to provide solid waste collection services to the
residents of Indian River County.
In accordance with article 16.1.2.2 Amended; Waste Management Inc. of Florida, is submitting this
notice for the annual rate adjustment to reflect changes in the cost of doing business.
Throughout 2021, the U.S. economy has been experiencing the unexpected adverse impacts of
inflation caused in large part by an economy re-emerging from COVID-19 but hampered by labor
and supply chain constraints. Not since the years immediately following WWII or the late -1970s has
the U.S. experienced inflationary price increases at these levels. For WM, disruptions in the supply
chain for critical materials and equipment, labor shortages, and significant increases in fuel costs
have substantially increased WM's cost to provide services to your community. As just one
example, the price of the steel WM needs for solid waste and recycling vehicles and containers has
increased more than 150% over the past 12 months. Many economists are projecting continued
labor shortages and upward pressure on labor and critical material costs.
Utilizing the common industry Price Increase Index of CPI -U, 75% of the full adjustment amount of
9.40%, would make it 7.05%, but due to the NTE clause of 3.00%, our CPI request is for the 3.00%
effective October 01, 2022. Back up information is included for your review.
Due to the unforeseen and extraordinary market conditions mentioned above, which the parties
could not anticipate at the time the contract was executed, WM respectfully requests an additional
17.43% adjustment to the residential rates only, to allow WM's compensation to better keep pace
with WM's operating costs to provide critical services in your community. If approved, both
adjustments would be applied bringing the total price per home to $12.57 per home, effective
128
Deborah A Perez
Government Affairs Manager
WASTE MANAGEMENT INC OF FLORIDA
4310 7r St.
Vero Beach FL 32960
772-413-9997
dperez@wm com
October 01, 2022. As you can see from the supporting backup, our extraordinary inflationary costs
increased by $1.82 per home.
WM is as committed as ever to provide best -in -class service to our customers and the communities
we call home. We appreciate your partnership as we address these unusual market conditions.
Please feel free to contact me at (407) 466-4079 if you have any questions.
Thank you.
Deborah A. Perez
Government Affairs Manager
Cc: Sean Lieske, Public Utilities Director, IRC
Himanshu Mehta, PE., Solid Waste Director, IRC
Kasey Godwin, District Manager, WM
129
INDIAN RIVER COUNTY
EXHIBIT 1- COLLECTION SERVICE RATES
10/01/2022
RESIDENTIAL COLLECTION SERVICE
Monthly
Monthly
SUBSCRIPTION SERVICE
(applicable only if SWDD initiates universal collection)
Collection
Following the 1st 90 days of service, upon request, custome can exchange
Universal in USA: 1x/week in Franchisee -
Fee/Unit
Solid Waste:
lx/week in Franchisee - provided Roll Carts;
$ 30.00
Additional Solid Waste Cart:
Solid Waste:
$ 5.39
Yard Trash:
Universal in USA: ix/week
$ 3.20
Bulk Trash on call
$
7.55
Yard Trash:
ix/week
$
3.20
Total Subscription Service
$
10.75
RESIDENTIAL COLLECTION SERVICE
Monthly
UNIVERSAL SERVICE IN URBAN SERVICE AREA
Collection
(applicable only if SWDD initiates universal collection)
Fee/Unit
Following the 1st 90 days of service, upon request, custome can exchange
Universal in USA: 1x/week in Franchisee -
cart service at No Charge, After that, any additional sofid waste cart size
Solid Waste:
exchange wig incur a charge
$ 30.00
Additional Solid Waste Cart:
provided Roll Carts; Bulk Trash on call
$ 5.39
Yard Trash:
Universal in USA: ix/week
$ 3.20
Total Subscription Service
$ 8.59
RESIDENTIAL COLLECTION SERVICE
One -Time
(ancillary services)
Charge
Exchange Solid Waste Cart Size:
Following the 1st 90 days of service, upon request, custome can exchange
cart service at No Charge, After that, any additional sofid waste cart size
exchange wig incur a charge
$ 30.00
Additional Solid Waste Cart:
if Resident generates large quantities of SW, they may request ONE
Adc0onal Cart; This is a One -Time Charge; There is NO Additonal Charge to
Service the Extra Cart
$ 60.00
Additional Recycle Cart:
If Resident generates large quantities of REC, they may request an Additonal
Cart, There is NO CHARGE to deliver OR service a REC Cart
$ -
Reinstate Service Charge:
Should a Rog Cart be removed from a Residential Customer due to Non
Payment, WM may charge to Re-Degver Cart
$ 25.00
5/23/2022 1:29 PM Indian River County CPI October 2022 130Page 1
INDIAN RIVER COUNTY
EXHIBIT 1- COLLECTION SERVICE RATES
10/01/2022
COMMERCIAL COLLECTION SERVICE
Monthly
RESIDENTIAL RECYCLABLES COLLECTION SERVICE
Collection
Commercial Dumpster Service - includes container and maintenance
Fee/Unit
Residential Units:
Fee/Cubic Yard
$ 5.25
Commercial Cart Service - in Franchisee -provided Roll Cart
provided Roll Carts
$ 2.83
Multi -Family Units:
Fee/Pickup
$
10.52
Commercial Compactor - includes container and maintenance
$ 2,27
Fee/Cubic Yard
$ 15.77
Container and
Maintenance
Fee/Month
Fee / Pull
Open Top Roll -Off - 15 cubic yards
$
111.15
$
172.29
Open Top Roll -Off - 20 cubic yards
$
111.15
$
188.95
Open Top Roll -Off - 30 cubic yards
$
111.15
$
227.87
Open Top Roll -Off - 40 cubic yards
$
111.15
$
261.21
Compactor - 20 cubic yards
$
111.15
$
272.33
Compactor- 30 cubic yards
$
111.15
$
272.33
Compactor- 40 cubic yards
$
111.15
$
272.33
5/23/2022 1:29 PM Indian River County CPI October 2022 131 Page 2
Monthly
RESIDENTIAL RECYCLABLES COLLECTION SERVICE
Collection
Fee/Unit
Residential Units:
Single Stream; 1x/week in Franchisee -
provided Roll Carts
$ 2.83
Multi -Family Units:
Single Stream; ix/week in Franchisee -
provided Roll Carts/Dumpsters
$ 2,27
5/23/2022 1:29 PM Indian River County CPI October 2022 131 Page 2
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132
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Jurisdiction / Contract / Franchise
Business Unit
Time Periods Current Period
Prior Period
Monthly Rate Per Home / Account
Cost Increase %
Indian River County
04835 WM of Indian River County
YTD Mar, 2022
YTD Mar, 2021
10.44
Labor
5.05%
Maintenance
3.57%
Ops Support
-0.02%
Fuel
8.83%
Tota I
17.43%
Monthly Increase Amount $
1.82
New Monthly Rate $
12.26
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