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2008-434
, v SCHEDULE B IMPLEMENTATION SERVICES AUTHORIZATION FORM Project Name : Indian River County Phase 1 Service Location: Multiple Company : FPL Energy Services, Inc . Customer : Indian River County Company Representative : Name : Dave Russell Address : FPL Energy Services, Inc . 6001 Village Blvd. West Palm Beach, Florida 33407 Telephone : (561 ) 681 -3079 Facsimile : (561 ) 681 -3088 E-mail : david_russell_jr@fpl. com Customer Representative : Name : Lynn WIlliams Address : Indian River County 4305A 43rd. Ave . Vero Beach, Florida 32967 Telephone : ( 772) 226-3490 Facsimile : (772) 226-3495 E -mail : lwilliams@ircgov . com I . AUTHORIZATION : This Implementation Services Authorization Form ("Form") is issued by the Company to the Customer pursuant to that certain Master Agreement for Demand Side Management and Energy Efficiency Services ("Master Agreement"), effective as of August 19, 2008 . This Form authorizes the Company to commence Services as described herein pursuant to the terms and conditions of the Master Agreement. This Form is not intended as a Change and in no way amends, varies or modifies the Master Agreement. Any alternate, different or additional terms or conditions referenced by the Customer in subsequent correspondence from the Customer are hereby rejected and will not become part of this Form or other the Master Agreement unless expressly set forth and incorporated herein. In order for the Company to commence Service set forth in this Form, the Customer is required to sign this Form. Initial capitalized words used herein but not defined shall have the meaning ascribed to such capitalized words in the Master Agreement. This Form consists of this Implementation Services Authorization Form and the following attachments, which are incorporated into this Form by this reference : ( i) Exhibit A — Feasibility Report; (ii) Exhibit B — Implementation Price ; and (iii) Exhibit C — Energy Service Charge Option. II . SCOPE OF WORK: The Company shall implement the Feasibility Report which shall set for the Services recommended ECO( s) and the implementation at the Service Location identifed above, as more particularly described in the Feasibility Report, attached hereto and made a part hereof as Exhibit A. III . IMPLEMENTATION SERVICES PRICE : Subject to Section 3 . 5 of the Master Agreement, the Customer shall compensate the Company for the Services provide in connection with the implementation of a Feasibility Report and any deferral payment obligations due for the Company ' s implementation and delivery of the ECO(s) at the Service Locations indentified in the Feasibility Report to the Customer, which shall be set forth in Exhibit B . © 2008 , FPL Services, LLC , All Rights Reserved Schedule B Page 1 of 4 The Customer and the Company may elect to enter into a separate payment agreement if the Customer chooses to fulfil its payment obligations hereunder via an energy service charge option in accordance with the terms set fort in Exhibit B , which is made part hereof as Exhibit C . IV . CUSTOMER COOPERATION : The Customer shall use reasonable efforts to assist the Company in performing the Services contemplated by this Form, including providing reasonable access to each Service Location, providing information concerning each Service Location, making appropriate Customer personnel available if requested by the Company to assist the Company in performing such Services, and taking any other actions the Company may reasonably request from time to time to achieve the purposes and intent of this Schedule and the Master Agreement. This Form is being provided by the Company to the Customer, acknowledging acceptance of the Services specified in this Form, and the Master Agreement, which is incorporated herein . The Customer has examined and carefully studied all of this Form, including the Master Agreement and all exhibits, appendices, specifications, terms and conditions thereto and hereby agrees to be bound by any and all terms, conditions , and obligations set forth therein . THIS FORM IS HEREBY ISSUED BY THE COMPANY TO CUSTOMER ON THIS 19th day of August, 2008 , ("Effective Date") . IN WITNESS WHEREOF, the Parties have executed this Form as of the Effective Date . Authorized By the Company : FPL Energy Services, Inc . A Florida company Zlo;f BY : NAME : Greg . anlon TITLE : Vice President & General Manager DATE : Authorized By the Customer : INDIAN RIVER COUNT' Attest : J . K . Barton, Clerk BOARD OF COUNTY . COMMISSIONER ' By 0 QQ.P�.r.- By : _ ,,� � � r Deputy Clerk Wesley S . Davis , Chaff an Approved by BCC ' 2008 jounty proved :eph A Baird Administrator Approved as to form and legal su I ie Marian E . Fell Senior Assistant County Attorney © 2008, FPL Services, LLC, All Rights Reserved Schedule B Page 2 of 4 SCHEDULE B EXHIBIT A FEASIBILITY REPORT Project Description: Project is described in book labeled "Indian River County Phase 1 , Technical Energy Audit" Subtitled "Technical Energy Audit, Various County Buildings" and is further labeled `By : FPL Energy Services, Inc . , November 2008 . This Audit does not have a Solar Panel option. Service Location: See Project Book Scope of Services : See Project Book Procurement Services : Company is to procure and install equipment per the Project Book. © 2008, FPL Services, LLC , All Rights Reserved Schedule B Page 3 of 4 SCHEDULE B EXHIBIT B IMPLEMENTATION PRICE ECO Price : $ 686,789 Payment Schedule : Indian River County Ph I Initial Draw Schedule - 12 Month Duration Milestone Progress Month Payment Dollar Value Percentage Construction Progress 1 NTP/Mobilization 1 2 % $ 13 , 736 ConstructionProgress 2 50 % 6 25% $ 171 , 697 Construction Progress 3 75% 9 30% $206 , 037 Substantial Completion - Progress 4 90 % 11 33 % $226 , 640 Final Acceptance 100 % 12 10 % $68 , 679 Total 100% $686 , 789 Form of Invoice : written Address for Invoice Lynn WIlliams Indian River County 4305A 43rd. Ave . Vero Beach, Florida 32967 Retainage Terms : Cash Additional Final Payment Conditions : C0 2008, FPL Services, LLC, All Rights Reserved Schedule B Page 4 of 4