Florida Public Service Commission native order document 08577-2024

OCR transcription for search; preserved printed pages are authoritative

FILED 8/22/2024
DOCUMENT NO. 08577-2024
FPSC - COMMISSION CLERK

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Petition for approval of special contract || DOCKET NO. 20240084-EI

with Agency for Persons with Disabilities for | ORDER NO. PSC-2024-0372-PAA-EI
upgrading the electric distribution facilities at || ISSUED: August 22, 2024

the Sunland Center in Marianna, Florida, by

Florida Public Utilities Company.

The following Commissioners participated in the disposition of this matter:

MIKE LA ROSA, Chairman
ART GRAHAM
GARY F. CLARK
ANDREW GILES FAY
GABRIELLA PASSIDOMO

NOTICE OF PROPOSED AGENCY ACTION
ORDER APPROVING SUNLAND CENTER SPECIAL CONTRACT

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

On May 10, 2024, Florida Public Utilities Company (FPUC) filed a petition for approval
of a Special Contract with the Agency for Persons with Disabilities (Agency). The petition was
filed pursuant to Rule 25-9.034, F.A.C. The Agency for Persons with Disability is an agency of
the State of Florida that is tasked with serving the needs of Floridians with developmental
disabilities. FPUC provides service to the Agency as a General Service Large Demand at the
Sunland Center in Marianna, Florida. The Sunland Center is a developmental disability center
operated by the Agency for people who need structured care 24 hours a day.

In early 2023, the Agency notified FPUC that it had received a grant from the federal
government of approximately $2 million for the upgrade and storm hardening of Sunland
Center’s existing 12.47 kV distribution system. As a primary metered customer, the 12.47 kV
distribution infrastructure behind the meter is the responsibility of the Agency to operate,
maintain, and upgrade. FPUC worked with a third-party engineering firm, Enercon Services Inc.
(Enercon), to develop cost estimates to storm harden the Agency’s distribution system. The
Enercon report is Attachment B to the petition.

After reviewing the report, FPUC and the Agency negotiated a Special Contact that
would utilize the grant funds to compensate FPUC’s work on the Sunland Center’s distribution
facilities, including completion of the necessary engineering designs and the purchase of
materials. The Special Contract contemplates that FPUC, with the assistance of third-party

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-EI
PAGE 2
contractors, would remove as much of the overhead distribution system as possible without
impacting the existing overhead telephone and communications equipment and would replace it
with new overhead facilities that meet National Electric Safety Code Storm Hardening Standards.
FPUC would also construct an underground electric distribution system in certain areas consisting of
primary conductors/conduit, pad mounted transformers and switches, secondary conductors/conduit,
as well as service conductors/conduit. 	The system would utilize primary overhead metering
equipment, which would be designated as the point of delivery and meter all energy used at Sunland
Center. The Special Contract contemplates that work would be completed by mid-year 2026.
On June 6, 2024, a phone conference with FPUC was held to discuss the petition. 	On
June 10, 2024, staff issued a data request, to which responses were received on June 24, 2024.1
The proposed, unexecuted Special Contract is Attachment A to this oder. We have jurisdiction
over this matter pursuant to Section 366.05 Florida Statutes.
DECISION
Based on the analysis and cost estimates completed by Enercon, FPUC and the Agency
negotiated a Special Contract to utilize the grant funds to complete the storm hardening of
Sunland Center’s distribution facilities. 	In Paragraph 10 of the Petition, FPUC argues that the
Enercon report demonstrated that Sunland Center’s facilities need a large-scale rebuild to prevent
reliability issues and improve the safety and efficiency of the facilities, due to natural
degradation and the impacts of Hurricane Michael in 2018. FPUC further states that a failure in
the Sunland Center’s facilities could potentially adversely impact service to other FPUC
customers in the surrounding area, due to the interconnected nature of the facilities and FPUC’s
distribution system.
Beginning on Page 13, Attachment I to the proposed Special Contract defines the services
to be provided by FPUC. Subsection B.2 of Attachment I states that FPUC would “construct,
own, and operate an underground electric distribution system within the boundaries of Sunland
Center.” 	FPUC clarified via data request responses that it would own certain facilities behind-
the-meter and further explained that the behind-the-meter facilities would not be included in rate
base in the next rate case.2 	FPUC also stated that the costs and revenues associated with the
project (including FPUC’s labor, third-party contracts, and capital assets) would not be recorded
on the regulated books of FPUC and, therefore, the project would have no effect on FPUC’s
ratepayers.
Based on the petition and the information provided, we hereby approve the proposed
Special Contract between FPUC and the Agency for Persons with Disabilities. 	FPUC shall
record all costs and revenues associated with improvements behind the meter of Sunland Center
as below-the-line. 	Furthermore, FPUC shall file the fully executed Special Contract with this
Commission.
Based on the foregoing, it is
1 FPUC’s Responses to Staff’s First Data Request, DN 06861-2024.
2 FPUC’s Responses to Staff’s First Data Request, Response No. 4

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-El
PAGE 3
ORDERED by the Florida Public Service Commission that the Special Contact between
Florida Public Utilities Company and the Agency for Persons with Disabilities, Attachment A to
this Order, is approved. It is further
ORDERED that the Florida Public Utilities Company shall file a copy of the fully
executed Special Contract with this Commission. 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 28-106.20 I. F .A. C., 	is received 	by the Office of
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. 	It
is further
ORDERED that if no protest is filed by a person whose substantial interests are affected
within 21 days of the issuance of the Order, this docket shall be closed upon the issuance of a
Consummating Order.
SBr
By ORDER of the Florida Public Service Commission this 22nd day of August. 2024.
))1~4--,ADAM .J,. T~AjZMAN
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-EI
PAGE 4
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing that is available under Section 120.57,
Florida Statutes, as well as the procedures and time limits that apply. This notice should not be
construed to mean all requests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The action proposed herein is preliminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may file a petition for a formal
proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. 	This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on September 12, 2024.
In the absence of such a petition, this order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this/these docket(s) before the issuance date of this order
is considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-EI Attachment A
PAGE 5 Page | of 28

moacney for persons wilh disabilities
Stare af Flortda

Contract No. LCY04
State Project No. 22FDM1020

Client] Non-Client XX]
FLORIDA AGENCY FOR PERSONS WITH DISABILITIES STANDARD CONTRACT
THIS CONTRACT is entered into between the Florida Agency for Persons with Disabilities, hereinafter referred to

as the "Agency," and Florida Public Utilities Company hereinafter referred to as tha "Utility Agency/Owner
(UAQ}." The Agency and UAO agree as follows:

1. Contract Document

This Contract and its attachments and any exhibits referenced in said attachments, together with any
documents incorporated by reference, contain all the terms and conditions agreed upon by the parties, and
such decuments shall collectively constitute and be referred to as the "Contract.

2. Witnesseth

a. The UAO is the owner of electric utility facilities for the distribution of electric energy in Marianna, Florida
and desires to sell electric energy.

b. The Agency is currently engaged in the repair and upgrade of electric utilities facilities located at the
Sunland Center, located in Marianna, Florida. The Agency currently purchases electric energy from the
UAO under the formerly approved rate GSLD schedule.

3. Effective and Ending Dates

This Contract shall begin on, 04/04/2024or on the date an which the Contract has been signed by the last
party required to sign it, whichever is later. It shall end at midnight, local time at 11.59 PM, Florida, on
06/30/2026.

4. State of Florida Law

This Contract is executed and entered into in the State of Florida, and all claims, controversies and causes of
action arising out of or relating to this Contract shall be construed, performed and enforced in all respects in
accordance with Florida law, without regard to Florida provisions for conflict of laws that would result in the
application of the laws of a different jurisdiction. Courts of competent jurisdiction in Florida shail have
exclusive jurisdiction in any action regarding this Contract and venue shall be as provided in PUR 1000 (as
defined in Section 19).

5. Contract Amount

The Agency shall pay for contracted services according to the terms and conditions of this Contract in an
amount not to exceed $2,085.000.00 or the rate schedule, subject te the availability of funds and satisfactory
performance of all terms and conditions by the UAO. The State of Florida's performance and obligation to pay
under this Contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid
for under any other contract or fram any other source are not eligible for payment under this Contract.

6. Monitoring by the Agency

The UAO shall permit all persons who are duly authorized by the Agency to inspect and copy any records,
papers, documents, facilities, goods and services of the UAO that are relevant to this Contract, and to
interview any clients, employees and subcontractor employees of the UAO to assure the Agency of the
satisfactory performance of the terms and conditions of this Contract. Following such review, the Agency will
deliver to the UAO a written report of its findings, and may direct the development by the UAO of a corrective
action plan. The UAO hereby agrees to timely correct all deficiencies identified in the corrective actlon plan.
This provision will not limit the Agency's termination rights under Section 27.d.

Contract #LCYO4

ORDER NO. PSC-2024-0372-PAA-EI

DOCKET NO. 20240084-EI Attachment A
PAGE 6 Page 2 of 28
7. Indemnification

8.

a. The UAO shall be fully liable fer the actions of its agents, employees, partners, or subcontractors and
shall fully indemnify, defend, and hold harmless the State and the Agency, and their officers, agents,
and employees, from suits, actions, damages, and costs of every name and description, including
attorneys’ fees, arising from or relating to any alleged act or omission by the UAO, its agents,
employees, partners, or subcontractors alleged to be caused in whole or in part by UAO, its agents,
employees, partners, or subcontractors, provided, however, that the UAO shall not indemnify for that
portion of any loss or damages proximately caused py the negligent act or omission of the Agency.

b. The UAO shail fully indemnify, defend, and hold harmless the State and Agency from any suits, actions,
damages, and costs of every name and description, including attorneys’ fees, arising from or relating to
violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right,
provided, however, that the foregoing obligation shail not apply to Agency’s misuse or modification of
UAO's products or a Agency's operation or use of UAO's products in a manner not contemplated by the
Contract or the purchase order. If any product is the subject of an infringement suit, or in the UAC’s
opinion ts likely to become the subject of such a suit, the UAO may at its sole expense procure for the
Agency the right to continue using the product or to modify it to become non-infringing. If the UAO is not
reasonably able to modify or otherwise secure the Agency the right to continue using the product, the
UA shall, withoui limiting the Agency's remedies at law for breach or nonperfarmance, remove the
product and refund the Agency the amounts paid in excess of a reasonable rental for past use. The
Agency shall not be liable for any royalties, The UAO's indemnification for viclation or infringement of a
trademark, copyright, patent, trade secret or intellectual property right shall encompass all such items
used or accessed by the UAO, its officers, agents or subcontractors in the performance of this Contract
or delivered to the Agency for the use of the Agency, its employees, agents or contractors.

c. The UAO shall protect, defend, and indemnify, including attorneys’ fees and costs, the Agency for any
and all claims and litigation (including litigation initiated by the Agency) arising from er relating to UAO's
claim that a document contains proprietary or trade secret information that is exempt from disclosure or
the scope of the UAO’s redaction, as provided for under Section 34.

d. The UAO shall not be liable for any cost, expense, or compromise incurred or made by the Agency in
any legal action without the UAO’s prior written consent, which shall not be unreasonably withheld. The
UAQ’s inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and
indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted
finding the Agency negligent shall excuse the UAO of performance under this provision, in which case
the Agency shall have no obligation to reimburse the UAO fer the cost of its defense. if the UAO is an
agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Agency
shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the
limits of sovereign immunity.

e. No provision in this Contract shall require the Agency to hold harmless or indemnify the UAG, insure or
assume liability for the UAO's negligence, waive the Agency’s sovereign immunity under the laws of
Florida, or otherwise impose liability on the Agency for which it would not otherwise be responsible.

insurance

Unless the UAO is a state agency or subdivision as defined by subsection 768.28(2), F.S., the UAO shall
maintain centinuous adequate liability insurance coverage during the existence of this Contract and during
any renewal(s) and/or extension(s). By execution of this Contract, the UAC accepts full responsibility for
identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable
financial protections for the UAO and the clients to be served under this Contract. The limits of coverage
under each policy maintained by the UAO do nat limit the UAO’s liability and obligations under this Contract.
Upon the execution of this Contract, the UAO shall furnish the Agency written verification supporting both the
determination and existence of such insurance coverage. A current certificate of insurance, or such other
documentation acceptable to the Agency, evidencing the type and extent of all insurance obtained pursuant to
this Section 8 shail at all times be maintained by the UAO, and the UAO shall deliver a copy of such proof of
insurance and any renewal or replacement thereof to the Agency. The UAO shall cause the Agency to be

2
Contract #LCY04

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-EI Attachment A

PAGE 7

Page 3 of 28

named as a Certificate Holder under each policy of liability insurance maintained by the UAO pursuant to this
Contract, unless the Agency waives in writing this requirement. Such coverage may be provided by a self-
insurance program established and operating under the laws of the State of Florida. The Agency reserves the
right te require additional insurance as specified in this Contract,

9, Public Records (Section 119.0701, F.S.)

a.

The UAO shall keep and maintain public records required by the Agency to perform the services
specified in this Contract.

Upon request from the Agency's Custodian of Public Records, the UAO shall provide the Agency with a
copy of the requested records or allow the records te be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided
by law.

The UAQ shall ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the Contract
term and following completion of the Contract if the UAO does not transfer the records to the Agency.

Upon completion of the Contract, the UAO shall transfer, at no cost, to the Agency all public records in
possession of the UAO or keep and maintain public records required by the Agency to perform the
service. If the UAO transfers all public records to the Agency upon completion of the Contract, the UAO
shall destray any duplicate public records that are exempt or confidential and exempt fram public
records disclosure requirements. If the UAO keeps and maintains public records upon completion of the
Contract, the UAO shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the Agency, upon request from the Agency’s Custodian of Public
Records, in a format that is compatible with the information technology systems of the Agency.

A request to inspect ar copy public records relating to the Agency Contract must be made directly to the
Agency, except that as it reiates to records required to be filed with the Florida Public Service
Commission in order for UAO to seek approval of the Agency Contract, requests to inspect or copy
public records shall be made to the Florida Public Service Commission. If the Agency does not possess
the requested records, the Agency shall immediately notify the UAO of the request, and the UAO must
provide the records to the Agency or allow the records to be inspected or copied within a reasonable
time.

\f the UAO does not comply with the Agency's request for records, the Agency shall enforce the contract
provisions in accordance with the Contract.

If the UAO fails to provide the public records to the Agency within a reasonable time, the UAQ may be
subject to penalties under section 119.10, F.S.

lf a civil action is filed against the UAO to compel the production of public records relating to the
Contract, the court shall assess and award against the UAO the reasonable costs of enforcement,
including reasonable attorney fees, if (I) the court determines that the UAO unlawfully refused to comply
with the public records request within a reasonable time: and (ii) at least 8 business days before filing
the action, the plaintiff provided written notice of the public records request, including a statement that
the UAO has not complied with the request, to the Agency and to the UAO. A UAO who complies with a
public records request within 8 business days after the notice is sent is not liable for the reasonable
costs of enforcement.

lf the UAO has questions regarding the application of Chapter 119, F.S., to
the UAO’s duty to provide public records relating to this Contract, contact
the Custodian of Public Records at:

Agency’s Public Records Coordination Office
Agency for Persons with Disabilities
4030 Esplanade Way, Suite 335

Contract HLCYO4

ORDER NO. PSC-2024-0372-PAA-EI
DOCKET NO. 20240084-EI Attachment A

PAGE 8

1a,

11.

12.

Page 4 of 28

Tallahassee, FL 32399-0950
(850) 410-1309
publicrecords@apdcares.org

Assignments and Subcontracts

a. The UA shall not assign the responsibility for this Contract to another party without prior written approval
of the Agency, and such approval shail only be granted upon the Agency's sole determination that such
assignment will not adversely affect the public interest or the Agency; however, in no event may UAG
assign cr enter into any transaction having the effect of assigning or transferring any right to receive
payment under this Contract which right is not conditioned on full and faithful performance of UAO’s duties
hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the
Agency shall be null and void. The UAO shall not subcontract for any of the work contemplated under this
Contract without prior written approval of the Agency, which shall not be unreasonably withheld.

b, To the extent permitted by Florida Law, and in compliance with Section 7 of this Contract, the UAO is
responsible for all work performed and for all commodities produced pursuant to this Contract whether
actually furnished by the UAO ar its subcontractors. Any subcontracts shall be evidenced by a written
document. The UAO further agrees that the Agency shall net be liable to the subcontractor in any way or
for any reason, The UA, at its expense, will defend the Agency against such claims.

c. The UAO shall make payments to any subcontractor within seven (7) working days after receipt of full or
partial payments from the Agency in accordance with section 287,0585, F.S., unless otherwise stated in
the Contract between the UAO and subcontractor. Failure to pay within seven (7) working days will result
in a penalty that shall be charged against the UAO and paid by the UAO to the subconiractor in the
amount of one-half of one percent (.005) of the amount due per day from the expiration of the period
allowed for payment, Such penalty shall be in addition to actual payments owed and shall not exceed
fifteen percent (15%) of the outstanding balance due.

d. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or
obligations under this Contract to another governmental agency in the State of Florida, upon giving prior
written notice to the UA. In the event the State of Florida approves transfer of the UAO's obligations, the
UAC remains responsible for all work performed and all expenses incurred in connection with this
Contract. This Contract shall remain binding upon the successors-in-interest of either the UAO or the
Agency.

e. The UAO shall include, or cause to be included, in all subcontracts (at any tier) the substance of all
clauses contained in this Contract that mention or describe subcontract compliance.

Return of Funds

The UAO shail return to the Agency any balance of unobligated funds which has been advanced cr paid, any
funds paid in excess cf the amount to which the UAO is entitled under the terms and conditions of this
Contract, overpayments due to unearned funds or funds disallowed that were disbursed to the UAO by the
Agency and any interest attributable to such funds pursuant to the terms and conditions of this Contract. In
the event that the UAO or its independent auditor discovers that an overpayment has been made, the UAO
shall repay said overpayment immediately without prior notification from the Agency. In the event that the
Agency first discovers an overpayment has been made, the Contract Manager, on behalf of the Agency, will
notify the UA by letter of such findings. Should repayment not be made: (i) within two (2) business days
after discovery by the UAO of the overpayment; or (ii) within ten (10) days after the notification letter is
received from the Agency, then the UAO will be charged interest at the lawful rate of interest on the
outstanding balance. Payments made for services subsequently determined by the Agency to not be in full
compliance with Contract requirements shall be deemed overpayments. in the event UAO owes any amount
to the Agency under this Contract and fails to pay such amount within thirty (30) days after written demand,
the Agency may deduct such amount from payments due to UAO from the Agency pursuant to this Contract.

Civil Rights Requirements

In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the
4

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PAGE 9

13.

14.

15.

16.

17.

Page 5 of 28

Florida Civil Rights Act of 1992, as applicable, the UAO shall not discriminate against any employee (or
applicant for employment) in the performance of this Contract because of race, color, religion, sex, national
origin, disability, age, pregnancy, or marital status. Further, the UAO agrees not to discriminate against any
applicant, client, or employee in service delivery or benefits in connection with any of its programs and
activities in accordance with 45 CFR Parts 80, 83, 84, 90, and 91, Title V! of the Civil Rights Act of 1984, or
the Florida Civil Rights Act of 1992, as applicable. UAO agrees that compliance with this section constitutes a
condition of continued receipt of funds under this Contract, and that these requirements shall apply to all
contractors, subcontractors, subgrantees or others with whem it arranges to provide services or benefits to
clients or employees in connection with its programs and activities. The UAO, and any subcontractor,
subgrantee, or other UAO of federal financial assistance pursuant to this Contract shall complete the Civil
Rights Compliance Checklist, APD Form 946, in accordance with 45 CFR Part 80 and 45 CFR Part 84 within
sixty (60) calendar days after execution of this Contract, and the UAO shail complete APD Form 946 on an
annual basis thereafter during the term of this Contract. The Civil Rights Compliance Checklist is not required
of UAOs that have less than fifteen (15) employees, unless they provide direct client services.

Publicity

Without limitation, the UAO and its employees, agents, and representatives shall not, without prior Agency
written consent in each instance, use in advertising, publicity or any cther promotional endeavor any State
mark, the name of the State's mark, the name of the State or any State affiliate or any officer or employee of
the State, or represent, directly or indirectly, that any product or service provided by the UAO has been
approved or endorsed by the State, or refer to the existence of this Contract in press releases, advertising or
materials distributed to the UAO's prospective customers.

Final Invoice

The final invoice for payment shall be submitted to the Agency no more than 45 days after the Contract ends
or is terminated. |f the UAO fails to do so, all rights to payment are forfeited and the Agency will not honor
any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract
may be withheld until performance of services and all reports due from the UAO and necessary adjustments
thereto, have been approved by the Agency.

Use of Funds for Lobby Prohibited

The UAO shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the
expenditure of Contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency.

Public Entity Crime and Discriminatory Contractors

Pursuant to sections 287.133 and 287.134, F.S., the following restrictions are placed on the ability of parsons
convicted of public entity crimes to transact business with the Agency. VVhen a person or affiliate has been
placed on the Convicted Vendor List following a conviction for a public entity crime, or an entity or affiliate has
been placed on the Discriminatory Vendor List, such person, entity or affiliate may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or the repair of a public building or public work;
may not submit bids, proposals, ar replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;
and may not transact business with any public entity; provided, however, that the prohibition on persons or
affiliates placed on the Convicted Vendor List shall be limited to business in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the Cenvicted Vendor List. UAO warrants that neither it nor any affiliate is currently on the
Convicted Vendor List maintained pursuant to Section 287.133, F.S., on the Discriminatory Vendor List
maintained pursuant to Section 287.134, F.S., or any similar list maintained by the State of Florida or the
federal government.

Gratuities

The VAG shall not offer to give or give any gift to any Agency employee. As part of the consideration for this

Contract, the parties intend that this provision will survive the Contract for a period of two (2) years. In addition

to any other remedies available to the Agency, any violation of this provision will result in referral of the UAO's
5

Contract #LCYO4

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18.

19.

20.

24.

Page 6 of 28

name and description of the violation of this term to the Department of Management Services for the potential
inclusion of the UAO's name on the Suspended Vendor List for an appropriate period. The UAO shall ensure
that its subcontractors, if any, comply with these provisions.

Patents, Copyrights, and Royalties

a. ltis agreed that all intellectual property, inventions, discoveries, written or electronically created materials,
including manuals, presentations, films, or other copyrightable materials, arising in relation to UAO’s
performance under this Contract, and the performance of all of its officers, agents and subcontractors in
relation to this Contract, are works for hire for the benefit of the Agency, fully compensated for by the
Contract amount, and that neither the UAO nor any of its officers, agents nor subcontractors may claim
any interest in any intellectual property rights accruing under or in connection with the performance of this
Contract. Any intellectual property, inventions, discoveries, written cr electronically created material or
work of authorship produced or developed by UAO shall become the property of the Agency as part of
delivering the required services under this Contract, and the Agency retains all rights of use associated
with this ownership. It is specifically agreed that the Agency shall have exclusive rights to all data
processing software falling within the terms of section 119.084, F.S., which arises or is developed in the
course of or as a result of work or services performed under this Contract, or in any way connected
herewith. Notwithstanding the foregoing provision, if the UAO is a university and a member of the State
University System of Florida, then section 1004.23, F.S., shall apply.

b. Except as provided in section 1004.23 F.S., to the extent that the Services provided by Contractor are
generated py Contractor's proprietary software, created prior to the execution of this contract and not
modified using funds from this contract, the Agency agrees that it has no claims cf ownership, including
copyrights, patents, or other intellectual property rights to Contractors software. If the Contractor uses
such proprietary software to provide the services required under this contract, Contactor grants the
Agency a non-exclusive, perpetual right to use the software to access and view the Contractor's work."

c. If the UAO uses or delivers to the Agency for its use or the use of its employees, agents or contractors,
any design, device, or materials covered by letters patent, or copyright, it is mutually agreed and
Understeod that, without exception, the compensation paid pursuant to this Contract includes all royalties
or costs arising from the use of such design, device, or materials in any way involved in the work
contemplated by this Contract.

d. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent
rights with respect to any discovery or invention that arises or is developed in the course of or under the
subcontract, Notwithstanding the foregoing provision, if the UAO or one of its subcontractors is a
university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply,
but the Agency shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its
contractors of any resulting patented, copyrighted or trademarked work products.

PUR (Purchasing) 1000 Form

The PUR 1000 Form dated 10/06, as amended from time to time, is hereby incorporated by reference and
made a part hereof as if fully recited herein. Sections 1.d., 2-4, 6, 8-13, 19, 23, 27, 31, and 35 of the PUR
1000 Form are net applicable to this Contract. Other provisions of the PUR 1000 Form are clarified, revised
or supplemented as set forth elsewhere in this Contract. in the event of any conflict between the PUR 1000
Form, and any terms or conditions of this Contract, the terms or conditions of this Contract shall take
precedence over the PUR 1000 Form. Notwithstanding the foregoing, if the conflicting term in the PUR 1000
Form is required by any section of the Florida Statutes, the term in the PUR 1000 Form shall take
precedence.

Notification of Legal Action

The UAO shall notify the Agency of potential or actual legal actions taken against the UAO related to services
provided through this Contract or that may impact the UAO's ability to deliver the contractual services, or that
may adversely impact the Agency. The Agency's Contract Manager will be notified within ten (10) calendar
days of UAO becoming aware of such actions or from the day of the legal filing, whichever comes first.

Whistieblower’s Act Requirements

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23.

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In accordance with subsection 112.3187(2), F.S., the UAO and its subcontractors shall not retaliate against an
employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the
public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent
contractors shall not retaliate against any person who discloses information to an appropriate agency alleging
improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the
part of an agency, public officer, or employee. The UAO and any subcontractor shall inform its employees
that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector

General, the Florida Commission on Human Relations or the Whistle-blower's Hotlina number at 1-800-543-
5353.

Proprietary or Trade Secret Information

a. Uniess exempted by law, all public records are subject to public inspection and copying under Florida's
Public Records Law, Chapter 119, F.S. Any claim by UAO of proprietary or trade secret confidentiality for
any information contained in UAO’s documents (reports, deliverables or work papers, etc., in paper or
electronic form) submitted in connection with this Contract will be waived, unless the claimed confidential
information is submitted in accordance with Section 22.b. below.

b. In accordance with Section 215.985(14), F.S., this Contract, is subject to inclusion in the web-based
system called the Florida Accountability Contract Tracking System (FACTS), A copy of this Contract, any
amendments, renewals, and extensions thereof, and any associated procurement documents, are subject
to posting in FACTS and made available to the public. Any claim by UAO that the Contract or
procurement documents contain “confidential” or “exempt” material will be waived at the time of execution
of this Contract, unless the claimed confidential information is submitted in accordance with Section 22.c.
below.

c. The UAO must clearly label any portion of the documents, data, or records submitted that it considers
exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as confidential,
exempt, proprietary or trade secret. The labeling will include a justification citing specific statutes and
facts that authorize exemption of the information from public disclosure. If different exemptions are
claimed to be applicable to different portions of the protected information, the UAQ shall include
information correlating the nature of the claims to the particular protected information. The UAO is deemed
to have released the Agency from liability for disclosure of confidential, exempt, proprietary, or trade
secret information if Provide fails to comply with this subsection at the time the Contract is axecuted.

d. The Agency, when required to comply with a public records request including documents submitted by the
UAG, may require the UAO to expeditiously submit redacted copies of documents marked as confidential,
exempt, proprietary, or trade secret in accordance with Section 22.c, above. Accompanying the
submission shali be an updated version of the justification under Section 22.c. above, correlated
specifically to redacted information, either confirming that the statutory and factual basis originally
asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from
public inspection or disclosure. The redacted copy must exclude cr obliterate only those exact portions
that are claimed to be propristary or trade secret. If the UAO fails to promptly submit a redacted copy, the
Agency is authorized to produce the records sought without any redaction of proprietary or trade secret
infermation.

e. The UAO shail be responsible far defending its claim tnat each and every portion of the redactions of
confidential, proprietary, or trade secret information are exempt from inspection and copying under
Florida's Public Records Law.

Contract Payment

Pursuant to section 215.422, F.S., the Agency has five (5) working days to inspect and approve goods and
services, unless the bid specifications, purchase order, or this Contract specify otherwise. With the exception
of payments to health care UAOs for hospital, medical, or other health care services, if payment is not
available within forty (40) days, measured from the latter of the date a properly completed invoice is received
by the Agency or the goods or services are received, inspected, and approved, a separate interest penalty set
by the Chief Financial Officer pursuant to section 55.03, F.S., will be due and payable in addition to the
invoice amount. Payments to health care UAQOs for hospital, medical, or other health care services, shall be
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made not more than thirty-five (35) days from the date eligibility for payment is determined. Financial
penalties will be calculated at the daily interest rate of .03333%. Invoice payment requirements do not start
until a properly completed invoice is provided to the Agency. interest penalties less than one (1) dollar will not
be paid unless the UAC requests payment. Payment shall be made only upon acceptance by the Agency, but
shall remain subject to subsequent audit or review to confirm Contract compliance and/or to the Return of
Funds provision of Section 15 of this contract. Subject to the terms and conditions of UAO’s Electric Tariff on
file with the Florida Public Service Commission and Attachment 1, Section E.1.f., UAO may interrupt service
to Agency's Facility as a result of Agency's failure to pay any properly completed Invoice, as well as
applicable interest penalties, from UAO within one hundred twenty (120) days following the payment due date.

24. Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this
office are found in section 215.422(7), F.S., which include disseminating information relative to prompt
payment by the State and assisting vendors in receiving their payments in a timely manner from a state
agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or (800) 342-2762, the State of
Florida Chief Financial Officer's Hotline.

25. Notice

Any notice that is required under this Contract shall be in writing and sent by U.S. Postal Service or any
expedited delivery service that provides verification of delivery or by hand delivery. Said notice shall be sent
to the representative of the UAO responsible for administration of the program, to the designated address
contained in this Contract.

26. Financial Consequences for UAO’s Failure to Perform or Failure to Comply with Requirement for
Corrective Actions

a. Corrective action plans and/or financial consequences must be required for noncompliance,
nonperformance, unacceptable performance, or failure to meet the minimum level cf service or
performance under this Contract. Financial consequences must be imposed for failures to timely
implement or to make acceptable progress on such corrective action plans.

b. Financial consequences must include, but are not limited to, the financial consequences set forth in
subsections c, d, and e below.

c. The increments of financial consequences that shall apply must be based upon the severity of the
noncompliance, nenperformance, or unacceptable performance that generated the need for a corrective
action plan. The financial consequences shall not exceed ten percent (10%) of the total Contract
payments during the peried in which the corrective action plan has not been implemented or in which
acceptable progress toward implementation has not been made. Noncompliance that is determined to
nave a direct effect on client health and safety shall result in the imposition of a ten percent (10%) financial
consequence of the total Contract payments curing the period in which the corrective action plan has not
been implemented or in which acceptable progress toward implementation has not been made.

d. Noncompliance involving the provision of service not having a direct effect an client health and safety
must result in the imposition of a five percent (5%) financial consequence. Noncompiiance as a result of
unacceptable performance of administrative tasks must result in the imposition of a two percent (2%)
financial consequence.

e, The deadline for payment shall be as stated in the notification imposing the financial consequences. In
the event of nonpayment, the Agency may deduct the amount of the financial consequences from invoices
submitted by the UAQ.

f. Any payment made in reliance on the UAO’s evidence of performance, which evidence is subsequently
determined to be erroneous, will be immediately due as an overpayment in accordance with Section 11
above, titled "Return of Funds" to the extent of such error.

g. If this Contract is funded with federal assistance, this provision can be excluded from the contract only if
financial consequences are prohibited by the federal agency awarding the funds.

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27. Termination

28,

29;

a. This Contract may be terminated by either party without cause upon no less than thirty (30) calendar days
notice in writing to the other party unless a sooner time is mutually agreed upon in writing. Said notice
shall be delivered by U.S. Postal Service or any expedited delivery service that provides verification of
delivery or by hand delivery to the Contract Manager or the representative of the UAO responsible for
administration of the program. The UAO shail not furnish any product after it receives the written notice of
termination, except as necessary to complete the continued portion of the Contract, if any. The UAO shall
he compensated for any work satisfactorily completed up to and including the date of termination, but shall
not be entitled to recover any cancellation charges or lost profits.

b. Iq the event funds for payment pursuant to this Contract become unavailable, the Agency may terminate
this Contract upon no less than twenty-four (24) hours notice in writing ta the UAO. Said notice shall be
sent by U.S. Postal Service or any expedited delivery service that provides verification of delivery. The
Agency shall be the final authority as to the availability and adequacy of funds. In the event of termination
of this Contract, the UAO will be compensated for any work satisfactorily completed prior to the effective
date of the termination.

c. In the event the UAO fails to fully comply with the terms and conditions of this Contract, the Agency may
terminate the Contract upon no less than twenty-four (24) hours (excluding Saturday, Sunday, and
Holidays) notice in writing to the UAO after UAO’s failure to fully cure such noncompliance within the time
specified in a written notice of noncompliance issued by the Agency specifying the nature of the
noncompliance and the actlons required to cure such noncompliance. In addition, the Agency may, if
applicable, employ the default provisions in Rule 604-1.006(3), Florida Administrative Code (F.A.C.}, but
is not required to do so in order to terminate the Contract. The Agency’s failure to demand performance af
any provision of this Contract shall not be deemed a waiver of such performance. The Agency's waiver of
any one breach of any provision of this Contract shall not be deemed to be a waiver of any other breach
and neither event shall be construed ta be a modification of the terrns and conditiens of this Contract. The
provisions herein do not limit the Agency’s right to remedies at law or in equity.

d, Failure to have performed any contractual obligations under any other contract with the Agency in a
manner satisfactory to the Agency will be a sufficient cause for termination. To be terminated as a UAO
under this provision, the UAO must have: (i) previously failed to satisfactorily perform in a contract with the
Agency, been notified by the Agency of the unsatisfactory performance, and failed to correct the
unsatisfactory performance to the satisfaction of the Agency; or (il) had a contract terminated by the
Agency for cause. Termination pursuant to this Section 27.d., shall be upon no less than twenty-four (24)
hours notice in writing to the UAO (excluding Saturday, Sunday, and State Holidays).

Renegotiations or Modifications

Modifications of provisions of this Contract shall be valid only when they have been reduced te writing and
duly signed by both parties during the term of the Contract. The rate of payment and the total dollar amount
may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these
have been established through the appropriations process and subsequently identified in the Agency's
operating budget. If the services provided under this Contract are the same type of service that is offered
under the Developmental Disabilities Home and Community Based Waiver Services (HCBS) and the
established rates are adjusted, the rates of services under this Contract may be modified to be in alignment
with the adjustment, which UAO shall not unreasonably withhold consent te such modification,

Dispute Resolution

Any dispute concerning performance of the Contract or payment hereunder shall be desided by the Agency's
Contract Manager, who shall reduce the decision to writing and provide a copy to the UAO. The decision
shall be final and conclusive unless within twenty-one (21) calendar days from the date of receipt of the
Contract Manager's decision, the UAO delivers to the Contract Manager a petition for alternative dispute
resolution. After receipt of a petition for alternative dispute resolution the Agency and the UAO shall attempt
to amicably reselve the dispute through negotiations. Timely delivery of a petition for alternative dispute
resolution and completion of the negotiation process shall be a condition precedent to any legal action by the
UA concerning this Contract. After timely delivery of a petition for alternative dispute resolution, the parties
9

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30.

31.

32.

33.

34.

Page 10 of 28

may employ any dispute resolution procedures described in the Attachment | or other attachment, or
mutually agree to an alternative binding or nonbinding dispute resolution process, the terms of which shall be
reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to
satisfy the requirement for completion of the neégoliation process. This provision shall not limit the parties’
rights of termination under Section 39.d. above.

Background Screening

a. The UAO shall ensure that all UAC’s staff, and UAO's subcontractor's staff, meet Level Two Background
Screening requirements in accordance with section 393.0655 and Chapter 435, F.S., as a condition of
employment and continued employment. The screening includes fingerprinting for statewide criminal
history records checks through the Department of Law Enforcement, national criminal history records
checks through the Federal Bureau of Investigation, and local criminal records checks through local law
enforcement agencies. The UAO must submit ta the Contract Manager, a signed affidavit, attesting that
all current employees have been screened and cleared. An updated affidavit must be sent to the Contract
Manager annually. Documentation of background screening shail be maintained in the employee's
personnel file. The UAO shall be responsible for ensuring UAC's subcontractor's compliance with this
section.

Renewals

This Contract may be renewed, unless specifically stated otherwise in the Attachment |, for a term not to
exceed three (3) years or for the term of the original Contract, whichever is longer. Such renewal shall be
made by mutual agreement and shall be contingent upon satisfactory performance evaluations as determined
by the Agency. Contracts procured by an exceptional purchase pursuant to Section 287.057 (3)(a) or (3ic’,
F.S., may not be renewed. Any renewal shall be subject to the availability of funds and any costs for renewing
the contract shall not be charged. Any renewal must be in writing and is subject to the same terms and
conditions as set forth in the initial Contract and any written amendments signed by the parties,

Verification of Employment Status {E-Verify)

Pursuant to State of Florida Executive Order Number 11-116, the UAO and its subcontractors shall utilize the
U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired
by the UAO during the Contract term. The UAO shall include in related subcontracts a requirement that
subcontractors performing work or providing services pursuant to this contract utilize the E-Verify system to
verify employment of all new employees hired by the subcontractor during the Contract term. Information on
registration far and use of the E-Verify program can be obtained via the Internet at the Department of
Homeland Security Web site: hito:/Avww.dhs.gov/E-Verify. Evidence of the use of the E-Verify system shall
be maintained in the employee's personnel file.

MyFloridaMarketPlace Registration

To comply with Rule 80A-1.033, F.A.C., each UAO doing business with the State of Florida for the sale of
commodities or contractual services as defined in section 287,012, F.S., shall register in the
MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033(3), F.A.C. information about the
registration process is available, and registration may be completed, at the MyFloridaMarketPlace website
(link under Business on the State portal at www.myflorida.com).

MyFloridaMarketPlace Transaction Fee

The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace,
a statewide eProcurement System. Pursuant to subsection 287.057(22), F.S., all payments shall be
assessed a transaction fee of one percent (1.0%), which the UAO shall pay to the State unless exempt
pursuant to 60A-1.031, F.A.C. For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted fram payments to the UAO. If automatic
deduction is not possible, the UAO shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By
submission of these reports and corresponding payments, UAO certifies their correctness. All such reports
and payments shall be subject to audit by the State or its designee.

The UAO shall receive a credit of any transaction fee paid by the UAO for the purchase of any item(s) if such

10
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35.

item(s) are returned to the UAO through no fault, act, or omission of the UAO. A Transaction Fee is non-
refundable when an item is rejected or returned, or declined, due to the UAC's failure to perfarm or comply
with specifications or requirements of the agreement.

Failure to comply with these requirements shall constitute grounds for declaring the UAO in default and
recovering procurement costs from the UAQ in addition to all outstanding fees. VENDORS DELINQUENT IN
PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH
THE STATE.

Scrutinized Companies

\f this Contract is valued at $1,000,000 (total Contract value} or more, awarded, extended, or renewed on or
after July 1, 2011, the UAO agrees to refrain from any of the prohibited business activities with the
Governments of Sudan and Iran as described in section 215.473, F.S. If this Contract is valued at $1,000,000
(total Contract value) or more, awarded, extended, or renewed on or after July 1, 2012, the UAO also agrees
to net engage in business operations in Cuba or Syria as described in section 287.135, F.S. If this Contract is
valued at $1,000,000 (total Contract value} or more, awarded, extended, or renewed on or after October 4,
2016, the UAO also agrees to refrain from the boycott of Israel as described in section 215.4725, F.S.
Pursuant to section 287.135, F.S., the Agency may immediately terminate this Contract for cause if the UAO
is found to have submitted a false certification required under Section 287.135(5), F.S., or the UAO is placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in the boycott of Israel as described in
section 215.4725, F.S, or is placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged in business
operations in Cuba or Syria during the term of the Contract. If this Contract is valued at $1,000,000 (total
Contract value) or more, in execution of this Contract, UAO certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, is not participating in a boycott of Israel, and has not engaged in business
operations in Cuba or Syria.

36. Official Payee and Representatives (Names, Addresses, Telephone Numbers, E-mail addresses):

a. The UAO name, as shown on page 1 of this c. The name, mailing address, telephone number,
Contract, and mailing address of the official and e-mail address of the Contract Manager for
payee to whom the payment shall be made is: the Agency for this Contract is:

Florida Public Utilities Ryland Musick

28265 Penn Ave. 4030 Esplande Way

Marianna, FL 32448 Tallahassee, FL_ 32399-0950

904-430-4727 nara 850-558-9486 -
ss _Ryland.Musick@apdcares.org

bh. The name of the contact persen and street d. The name, mailing address, telephone

address where financial and administrative number, and email address of the
records are maintained is: representative of the UAQ responsible for
administration of the program under this
Contract is:
Shane Magnus _ Shane Magnus
2826 Penn Ave. 2825 Penn Ave.
Marianna, FL 32448 Marianna, FL 32448
904-557-1678 904-557-1678

smagnus@chpk.com

smagnus@chpk.com

Upon change of representative information (names, addresses, telephone numbers or e-mail addresses) by either
party, notice shall be provided in writing to the other party and the notification attached to the originals of this
Contract.

37

. All Terms and Conditions Included

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This Contract and its attachments, |, & I1. and any exhibits referenced in said attachments, together with any
documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are
no provisions, terms, conditions, or obligations other than those contained herein, and this Contract shall
supersede all previous communications, representations, or agreements, either verbal or written between the
parties with respect to the subject matter hereof; however, this Contract shall not supersede or replace the
Operations and Maintenance Agreement between the parties dated December 22, 2022, which shal! remain in
affect in accordance with its terms. UAC shall comply with all applicable federal, state, and local laws and
regulations. If any term or provision of this Contract is legally determined unlawful or unenforceable, the
remainder of the Contract shall remain in full force and effect and such term or provision shall be stricken. $n the

event of a conflict between the provisions of the documents, the documents shall be interpreted in the following
order of precedence:

Attachment | and other attachments, if any:

Any documents incorporated into any attachment by reference:

The Standard Contract; and

Any documents incorporated in the Standard Contract by reference.

ao 7 »

By signing this Contract, the parties acknowledge that they have read and agree to the entire Contract, as
described in Section 37 above.

IN WITNESS THEREOF, the parties hereto have caused this 36 page Contract to be executed by their
undersigned officials as duly authorized.

FLORIDA PUBLIC UTILITIES FLORIDA AGENCY FOR’ PERSONS WITH
DISABILITIES

SIGNATURE: SIGNATURE:

NAME: NAME: Taylor N. Hatch -

TITLE: TITLE: Director

DATE: _ DATE:

FEDERAL EID # (or SSN, if applicable}: 59-0539080 UAO Fiscal Year Ending Date: 6/30
42

Contract #LCVOd

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State Project # 22FDM1020 Revised 03/18
ATTACHMENT |

(UTILITY WORK SERVICES)

A. SERVICES TO BE PROVIDED

1. General Description
a. Scope of Work

The UAO shal! provide the services as defined in Exhibit A, Schedule of Work and
Budget Summary.

These services are expected to be in effect for the dates stated in the Standard
Contract, Section 3, Effective and Ending Dates.

b. Authority

The Agency is authorized to enter into this Contract under the authority found in
Chapter 255, Florida Statutes (F.S.).

c. Contract Limits
The services provided under this Contract are limited te the availability of funds and
to approval of this contract by the Florida Public Service Commission. The State of
Florida’s performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature.

B. MANNER OF SERVICE PROVISION

1. Deliverables
Project Activities are defined in Exhibit A, Schedule of Work and Budget Summary.
2. Service Tasks
The UAO shall complete the following tasks during the term of this Contract.
a. Task List
1) Furnished Energy

a. The UAO shall furnish and/or sell electric energy for use an the premises of
the Sunland Center in Marianna, Florida.

b. Energy shall be either single phase or three phase, 60 cycle alternating
current delivered to various locations with the boundary of Sunland Center.

c. Voltages may vary +/- 7.5% and will include single phase 120/240 volts or
three phase 277/480 volts.

d. Construct, own and operate an underground electric distribution system
within the boundaries of Sunland Center.

2} Points of Delivery

a. Remove as much of the overhead distribution system as possible without
impacting the existing overhead telephone and communication equipment/
conductors while minimizing any temporary power outages that may be

13
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3)

}

5)

Page 14 of 28

necessary during construction.

b. Provide replacement of existing overhead facilities with new overhead
facilities that meet NESC Storm Hardening Standards, and provide an
underground electric distribution system that shall consist of primary
conductors/conduit, pad mounted transformers/switches, secondary
conductors/conduit and service conductor/conduit.

(1) This system will not include any telephone or communication equipment/
conductors.

c. Utilize primary overhead metering equipment which shall be designated as
the point of delivery that will meter all energy used at Sunland Center.

(1} The primary overhead metering equipment shall be installed, maintained
and owned by UAO.

(2) The meter will be placed in a locked and secure cabinet at that location.
(3) Meter shall be manually read by UAO on a monthly basis.

(4) UAO personnel entering Sunland Center to read, maintain, change, etc.
the metering equipment must follow and comply with all access
procedures required by Sunland Center.

(5) lf, at some future date, automated meter reading is employed, access
times will be reduced but access procedures will still be followed when
access to the meters is required,

Maximum Contracted energy Capacity,

a. Maximum energy capacity available to Sunland Center measured at the
point of delivery is 2,000 KVA,

The UAO shall select qualified, licensed contractor{s) and execute contract(s}
with the selected contractor(s). The UAQ shall ensure that each selected
contractor possesses and maintains a current and valid occupational/business
tax receipt issued for the type of services being performed.

The UAO must follow all applicable state, local, and federal laws, requiations,
and requirements, and obtain and comply with all required permits and
approvals.

The UAO shall monitor and manage utility activities in accordance with the scope
of work and proposal submitted to the Agency. The UAO and contractor(s) shall
be responsible for maintaining a safe and secure worksite for the duration of the
work. The contractor shall maintain all work staging areas in a neat and
presentable condition,

Upon completion of the work, the UAO shall schedule and participate in a final
inspection of the completed work by all approving officials, as applicable. The
officia| shall inspect and certify all installations have been completed accerding to
the manufacturers’ specifications. The UAO shall ensure any deficiencies found
during this inspection are corrected by the specified contractor(s),

b. Task Limits
The UAO is limited to receiving payment only for the tasks specified and performed
in accordance with its proposal and this Contract, unless there is exoressed written
consent from the Agency for expansion. Such consent can only be authorized by a

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formal contract amendment. The UAO's proposal and any subsequent updates are
incorporated herein by reference and maintained in the Contract Manager's file.

3. Staffing Requirements
a. Staffing Levels

1) The UAO shall maintain an adequate and qualified administrative staff, qualified
management staff, support staff and organizational structure to satisfactorily
meet the Contract terms, conditions and deliverables, in accordance with the
proposed budget submitted by the UACG which is incorporated herein by
reference and maintained in the Contract Manager's file.

2) Staff selected by the UAO to conduct work identified in this Contract and the
tasks for which they shall be responsible shall be identified to the Agency in
writing, and such staff shall be accessible to the Agency upon request.

3) In the event the Agency determines the UAO’s staffing levels are not adequate to
successfully accomplish contract deliverables, the Agency shall advise the UAO
in writing and the UAO shall have thirty (30) calendar days io remedy the
identified staffing deficiencies.

b, Staffing Changes

1} The UAO shall notify the Contract Manager within two (2) business days of any
changes in Executive Management, such as the Executive Director or equivalent
and the Chief Financial Officer.

c. Subcontractors

This Contract allows the UAO to subcontract for the provision of all services under
this Contract, subject to the provisions of Section 10 of the Standard Contract.
Written requests by the UAO to subcontract for the provision of services under this
Contract shall be routed through the Contract Manager for Agency approval. The
UAQ cannot subcontract with an employee of the Agency to provide services
pursuant to this Contract.

d. Service and Equipment Delivery Location

1) Services shall be provided at Sunland Center located at 3700 Williams Road,
Marianna, FL 32446

e. Changes in Location

The UAO shall notify the Contract Manager in writing a minimum of five (5) business
days prior to changing the location of administrative services that will affect the
Agency's ability to contact the UAO by telephone, email or facsimile transmission.
Notice should specify the address of the location and telephone number where the
UAG may be reached.

f. Equipment

1) The UAC shall be responsible for supplying all equipment necessary to perform,
conduct and complete the terms and conditions of this Contract.

2) The UA shall utilize its own vehicles for contract-related travel.

C, RECORDS AND DOCUMENTATION

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1. The UAQ shall maintain records in whatever reasonable format required by the Agency
at the UAO's expense. Data files shall be provided in a format readable by the Agency,

2. The UAO shall maintain records and documentation as specified in this Contract to
ensure an audit trail documenting service delivery is maintained.

3. The UAO shall maintain a separate, organized, individualized, and secure file to include
applicable reporting forms, progress reports and all other required elements.

4, The UAO shall maintain copies of all invoices submitted to the Agency.

5. All records and documentation shall be made available ta the Agency at any time, if
requested,

6. The UAO shall! insure its subcontracters maintain records and documentation of
applicable reporting forms, progress reports and all other required elements.

D, REPORTS

All required reports and/or plans shall be in a format approved by the Agency and received
by the required due dates stated in the Contract. If the dates fall on an established State
holiday or weekend, such reports shall be due the next business day. If a natural disaster
occurs, such reports shall be due when Agency administrative services are restored. The
UAO must request prior approval, in writing, to submit required reports and/or plans after
the due dates.

The UA shall submit all reports and/or plans to the Contract Manager as indicated on
Page 11, Section 36.c. of the Standard Contract.

1. Monthly Project Progress Report: The UAO shall submit a summary of activities and
work accomplished during the month for this project to the Contract Manager by the 15"
of each month, following the month of service delivery.

2. Quarterly Expenditure Report: This report shall document total expenditures for each
quarter ending September 30, December 31, March 31, and June 30. The UA® shall
provide the original budgeted amount for each category item as listed in the approved
budget, expenditures during the contract period, and the remaining balance within
fifteen (15) calendar days following the quarter ending cate.

E. UAO RESPONSIBILITIES

1. UAO Unique Activities

a. Upon six months written notification from the Agency for an increase in maximum
energy capacity and upon mutual approval the UAO shall use its best efforts to
make available the increase in capacity.

b. The UAO shall manually read its primary overhead meter at intervals of
approximately thirty (30) days to determine Sunland Center's maximum demand and
energy consumed. Should automated or remote meter reading be installed in the
future, only periodic manual inspections of the meter will be necessary.

c. The UAO shall periodically inspect and test the primary overhead meter at intervals
not exceeding two (2) years. If the Agency so desires, an authorized representative
shall be allowed to witness the test. Should the Agency request a test within twelve
(12) months cf the previous test, the cost of such additional tests shall be borne by

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the Agency if the percentage of error is found to be not more than two (2) percent
slow or fast.

d. The UAO endeavors to provide the Agency with a continuous supply of energy to
Sunland Center, however, uninterrupted services are not guaranteed.

e. Tne UAO shall not be liable for any damage that the Sunland Center or any third
person or persons may sustain by reason of interruption or failure of such service,
whether caused by an act of God, accident, fire, flood, strike, explosion, or other acts
beyond the control of FPU.

f. The UAO shall give Sunland Center at least thirty (30) days’ notice of any planned
energy outage and as much notice as possible of any unplanned energy outage.

g. The UAO shall coordinate construction activities with Sunland Center in order to
minimize negative impacts related to transportation or electrical outages and both
parties will perform all activities in a safe and efficient manner. Sunland will be
responsisle for modification to all service entrance equipment necessary to accept
underground service from FPU. Existing or modified service entrance equipment
shall meet the National Electrical Code and all local duilding codes prior to
connection to the FFU underground system.

h. The UAO warrants that all UAO owned equipment, apparatus and materials
installed, operated and used to transmit and deliver electric energy to the Sunland
Center, in a safe manner, is in good working order, installed safely according to
applicable codes.

i. The UAO shall not increase or modify its facilities to supply electrical energy herein
contracted for by the Agency without prior written consent by the Agency.

j. The UAO shall obtain the approval of the Florida Public Service commission prior to
execution of this contract.

F. AGENCY RESPONSIBILITIES

1. Agency Obligations

a. The Agency grants the UAO the right and privilege of reasonable ingress and egress
in, over and across its property at all times during the term of this contract or any
extension thereof, for the purpose of constructing, maintaining, repairing and/or
operating its lines and metering and/or all other equipment used in connection with
the furnishing of said electric energy to Sunland Center.

b. The Agency agrees to grant the UAO a suitable right-of-way, for the term of this
agreement, for the location of UAO facilities on the property of Sunland Center.

c. The Agency shall provide a suitable, suitable laydown yard for storing materials that
allows for easy access by heavy duty construction vehicles.

d. The Agency shail sign and return any required city/county ROW permits (if needed),
and sign, record and return any Easements (if needed).

e. Upon request, the Agency can, without charge, request that the UAO test the
accuracy of the primary overhead meter if the UAO does not periodically inspect and
test within twelve (12) months.

f. The Agency will be responsible for modification to all service entrance equipment

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necessary to accept underground service from the UAO. Existing or modified
service entrance equipment shall meet the National Electrical Code and all local
building codes prior to connection ta the UAO underground system.

g. The Agency warrants that all electrical wiring and installation of Suntand Center

owned electrical equipment are completely installed safely according to applicable
codes.

h. The Agency shall maintain all electrical wiring, poles, circuit breakers, switches,
lights, appliances and other equipment on the Sunland Center premises in a good
state of repair and installed in such a manner as to enable Sunland Center to
receive and utilize electric energy safely. All wiring and installation of electrical
appliances and equipment shall be completed in such a manner as to not produce or
introduce electrically related disturbances to FPU’s lines or equipment.

i. The Agency shall not resell nor permit the use of the electrical energy delivered by
the UAO to persons, firms, or corporations without UAO prior written consent
Agency staff that live on the Sunland Center premises shall be allowed to remit
payment to Sunland Center.

2. Agency Determinations

a. The Agency has exclusive authority to determine the availability of funds, authorize
and issue payment for services billed under this Contract, and to determine the
satisfactory performance of the UAO in carrying out tasks and completing
deliverables specified in this Contract through the review or inspection of reports and
deliverables submitted by the UAO and through Agency monitoring.

b. Final authority in all disputes related to this Contract rests solely with the Agency.
The Agency agrees to make reasonable efforts to consult with the UAO and
amicably resolve all disputes prior to such final determination.

3. Monitoring Requirements

The UAO shall be monitored in accordance with Agency requirements, as applicable.

G. METHOD OF PAYMENT

1. Payment Clause

This is a Fixed Price (Lump Sum) contract. Tne Agency shall pay the UAO for the
delivery of service units at the rates specified in Exhibit A, Schedule of Work and
Budget Summary, in accordance with the satisfactory completion of all terms and
conditions of this Contract, for a total amount not to exceed the amount specified in the
Standard Contract. The State of Florida’s performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature. The Agency's
obligation to pay under this Contract is subject to the availability of funds.

2. Invoice Requirements and Documentation

a. The UAO shall request payment on a monthly basis through the submission of a
properly completed Request for Payment/invoice within fifteen (15) calendar days
following the month of service delivery. Payment cycles shail be from the first (1st)
through the end of each month, unless specified otherwise in this Contract.

b. The Request for Payment/Invoice shall include, at a minimum, the follawing
information:

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1) UAO's Name.

2) Contract Number.

3) State Project Number.

4) Vendor Identification Number (Federal Tax Identification Number).

5) Invoice Number.

tap)

Inclusive dates (for the month) of services covered by the invoice.

~]

)
)
) Types of services, number of units, and price per unit.
}

8) A listing of all invoiced costs to be accompanied by copies of supporting

documentation and actual receipts, if applicable to this Contract.
9) Invoice Total.
10)Percent of Work Completed.
11)The date on which the invoice was submitted to the Agency.

12)Required reports or a concise, meaningful description of services rendered, with

sufficient detail to enable the Agency to evaluate services rendered and costs;
and

13}A certification statement signed by the UAO'’s contract administrator or
authorized representative that reads, “I certify that all items and amounts shown
on the face of this request for payment are correct, that all backup information is
attached, that all work has been performed and material supplied in full
accordance with the terms and conditions of the Contract, and that ail
materialmen, laborers and subcontractors, as defined in section 713.01, Florida
Statutes, have been paid the amounts due them per section 287.0585, Florida
Statutes, Further, | agree to promptly pay each materialmen, laborer and
subcontractor, as defined in Chapter 713.01, Florida Statutes, upon receipt of
payment from the Agency, out of the amount paid to Florida Pubiic Utilities on,
account of such materialman’s, !aborer's or subcontractor's work, the amount te
which said materialman, laborer and subcontractor is entitled per section
287.0585, Florida Statutes, reflecting the percentage actually retained, if any,
from payments to Florida Public Utilities on account of such materialman's,
laborer's and subcontractor's work.”

c. The invoice shall be on the UAO’s letierhead and contain a signature from an
appropriate officer or authorized individual (with a Signature Authority Letter, if
applicable),

d, If applicable, the UAO shall submit to the Contract Manager all supporting
documentation required for reimbursement of services rendered as stated in this
Contract. This documentation shali accompany the monthly invoice,

3. Financial Consequences

The financial consequences as defined in Exhibit A, Schedule of Work and Budget
Summary, shall apply to this Contract.

4. MyFlorida MarketPlace Transaction Fee

Contract #LCV04

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This Contract is exempt from the MyFloridaMarketPlace Transaction Fee in accordance
with Rule 60A-1.032(1) (d}, F.A.C.

H. LIST OF EXHIBITS

Exhibit A, Schedule of Work and Budget Summary
Exhibit B, General Service Large Demand Rate Schedule
Exhibit C, Rate Adjustment Rider- Northwest Florida Division

Pa; SS

Exhibit D, Storm Recovery Surcharge

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EXHIBIT A: Schedule of Work and Budget Summary

Enter UAG Name: Florida Public Utilities
Contract #: LCYO4 Fiscal Year: 23-24
State Project #: 22FDM1020

Schedule of Work

Contractor(s) Execution Process: 6 months
Design and Engineering: 6 months
Permitting: 4 months
Installation: 6 months
Final Inspection and Invoicing, Closeout: 2 months
Total Contract Period 24 months

Budget Summary

TBN;: To Be Negotiated as part of the Guaranteed Maximum Price.

Soft Costs: $0.00

Those costs net directly related to construction including, but not limited to, pre and
post construction activities. Soft costs include, but are not iimited to, permit fees;
impact fees; utility purveyor fees, architecture, civil, structural, and mechanical &
electrical engineering fees. Also, provision of engineered plans for construction, to
include drawings for use in bidding and material list to be used for purchasing
materials.

General Conditions: | $
Costs include, but are not limited to, industry standard costs for project management,
supervision, reproduction expenses, temporary utilities, fire protection, clean-up,
debris disposal, final cleaning, temporary fencing and general liability insurance.
Ordering of necessary poles, underground equipment, overhead wire, underground
cable, transformers (pad mounted and pole mounted), secondary circuits, associated
devices, and other hardware to be able to complete the improvements as designed.

Site Costs: | _ $
Costs include, but are not limited to traditional site development, hardscapes,
dumpster enclosure, fencing and bollards and inierior demolition,

Renovations/Construction: | $2,085,000.00
Procurement of contractor support for the construction and replacement of new and
existing facilities located at the Sunland Facility in Marianna, FL. The above shall be
completed using a mixture of internal manpower and 3 party manpower,
Gonstruction shall meet of exceed NESC Construction Standards and the Florida
Public Service Commission Storm Hardening Requirements. All Construction shall be
within the scope of the current Operations and Maintenance Agreement between
Florida Public Utilities Company and Agency for Persons with Disabilities.

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Total Cost: $2,085,000.00
- Total Cost: | $2,085,000,00 |

Financial Consequences:

1. If Florida Public Utilities fails to comply with any terms or conditions of the Contract,
the Agency shall apply one or more of the following financial consequences during the
farm of the Contract:

a. Withhold final payment for $208,500.00 renovations pending correction of all
deficiencies by the UAO and approval by the Agency.

2. ‘In addition to the foregaing, the Agency must implement financial consequences in
accordance with Page 8, Section 26 of the Standard Contract and section
287.058(1)(h), F.S., if (Enter UAO Name) does not perform in accordance with the
terms and conditions of this Contract.

Notes:

Monthly Progress Reports including a summary of work and activities accomplished
during the reporting period of this Contract will be utilized to document service
delivery.

The Agency's review of supporting documentation shall determine compliance and
minimum level of services or performance under this Contract.

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UAO: Florida Public Utilities
Revised 07/2017

ATTACHMENT 1

The administration of resources awarded by the Agency for Persons with Disabilities to the UAO
may be subject to audits and/or menitering by the Agency as described in this attachment.

MONITORING

In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215,97, Florida Statutes, the Agency for Persons with Disabilities (APD) or other State agencies
may moniter or conduct oversight reviews to evaluate compliance with the cantract,
management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on-site visits by APD and/or other State agencies’ staff,
limited scope audits as defined by OMB Circular A-133, as revised or other procedures. By
entering into this contract, the UAO agrees to comply and cooperate with any monitoring
procedures deemed appropriate by APD and/or other State agencies. In the event that APD
and/or another State agency determines that a limited scope audit of the UAO is appropriate,
the UAO agrees to comply with any additional instructions provided by APD and/or other State
agencies regarding such audit. The UAO further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the APD Inspector General,
the state’s Chief Financial Officer or the Auditor General.

AUDITS
PART i: FEDERAL REQUIREMENTS

This part is applicable if the UAO is a Stale or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.

1. In the event that the UAO expends $750,000 or more in Federal awards during its fiscal
year, the UAO must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. In determining the Federal
awards expended during its fiscal year, the UAO shall consider all sources of Federal
awards, including Federal resources received from APD, Federal government (direct),
other state agencies, and other non-state entities. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133, as revised. An audit of the UAO conducted by the Auditor General
in accordance with the provisions of OMB Circular A-133, as revised, will meet the
requirements of this part, In connection with the above audit requirements the UAO shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular 4-133, as revised,

The schedule of expenditures should disclose the expenditures by contract number for
each contract with APD in effect during the audit period. The financial statements
should disclose whether or not the matching requirement was met for each applicable
contract. All questioned costs and liabilities due APD shall be fully disclosed in the audit
report package with reference to the specific contract number.

2. lf the VAO expends less than $750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not
required, In the event the UAO expends less than $750,000 in Federal awards during its
fiscal year, the UAO agrees to provide certification to APD’s Contract Administration and
its Contract Manager that a single audit was not required. In the event that the UAO
expends less than $750,000 in Federal awards in its fiscal year and elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised,

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the cost of the audit must be paid from non-Federal resources (i.¢., the cost of such an
audit must be paid from UA© resources obtained from other than Federal entities),

3. The OM8 Circular A-133 and compliance supplement are available at the following
address: http:/Avww.whitehouse gov/omb/circulars/

PART Il: STATE REQUIREMENTS

This part is applicable if the UAO is a nonstate entity as defined by Section 215.97(2), Florida
Statutes.

ths In the event the UAO expends $750,000 or more in state financial assistance during its
fiscal year, the UAO must have a State single or project-specific audit conducted 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. In determining the
state financial assistance expended during its fiscal year, the UAO shall consider all
sources of state financial assistance, including state financial assistance received fram
APD, 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.

In connection with the audit requirements addressed in the preceding paragraph, the
UA© 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), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the
Auditor General.

The schedule of expenditures should disclose the expenditures by contract number for
each contract with APD in effect during the audit period. The financial statements
should disclose whether or not the matching requirement was met for each applicable
contract. All questioned costs and liabilities due APD shall be fully disclased in the audit
repert package with reference to the specific contract number.

2. lf ihe UAG expends less than $750,000 in state financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is
net required. In the event the UA expends less than $750,000 in state financial
assistance during its fiscal year, the UAO agrees to provide certification to APD's
Contract Administration and its Contract Manager that a single audit was not required. in
the event that the UAO expends less than $750,000 in state financial assistance in its
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 nonstate
entity's resources (/.e., {he cost of such an audit must be paid from the UAO’s resources
obtained from other than State entities).

3. The State Projects Compliance Supplement is available ai the following address:

https://aops fidfs.com/fsaa/compliance.aspx

PART Ill: REPORT SUBMISSION

Any reports, management letters, ar other information required to be submitted to APD pursuant
to this contract shall be submitted within 180 days after the end of the UAO's fiscal year or
within 30 days of the UAO's receipt of the audit report, whichever occurs first, directly to each of
the following unless otherwise required by Florida Statutes:

A. The Contract Manager for this contract at the email address specified in the
Standard Contract.

B. The Agency for Persons with Disabilities Contract Administration at the following

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C. Reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part ! of this Attachment shall be submitted, when required
by § .320(d), OMB Circular A-133, as revised, by or on behalf of the UAO directly
to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet
Data Entry System at: hito://harvester.census.gov/fac/collect/ddeindex html and
other Federal agencies and pass-through entities in accordance with §__.320fe) and
(f, OMB Circular A-133, as revised.

D. Copies of reporting packages required by Part || of this agreement shall be submitted
by or on behalf of the UAO directly to the following address:

Auditer General

Local Government Audits/342

Claude Pepper Building, Roam 401

111 West Madison Street

Tallahassee, Florida 32399-1450

Email address: flaudgen localgovt@aud,state.fl.us

UAOs, when submitting aucit report packages to Agencies for audits done in accordance with
OMB Circular 4-133 of Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-
profit organizations), Rules of the Auditor General, should include, when available,
correspondence from the auditer indicating the date the audit report package was delivered to
them. When such correspondence is not available, the date that the audit report package was
delivered by the auditer to the UAO must be indicated in correspondence submitted to the
Agency in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor
General,

PART ¥: RECORD RETENTION

The UAO shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of six (6G) years from the date the audit report is issued, and shall allow
APD or its designee, Chief Financia! Officer or Auditor General access te such records upon
request. The UAO shall ensure that audit working papers are made available to APD, or its
designee, Chief Financial Officer, or Auditor General upon request for a period of three years
from the date the audit report is issued, unless extended in writing by APD.
PART VI: EXHIBITS
Exhibit A: Post Award Notice

Exhibit B: UAO Determination

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EXHIBIT A
POST AWARD NOTICE
UAO: Florida Public Utilities

Contract: #LCOYO4
1. FEDERAL RESOURCES AWARDED TO THE UAO PURSUANT TO THIS CONTRACT
CONSIST OF THE FOLLOWING:

Federal Program 1:
CFDAH:
Title: Florida Public Utilities

Amount: $2,085,000.00

Federal Program 2:
CFDA:
Tithe:

Amount: $

TOTAL FEDERAL AWARDS $2,085,000.00

COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS CONTRACT CAN BE FOUND IN OMB CIRCULAR A-133, APPENDIX B:
COMPLIANCE SUPPLEMENT AT: htto:/Awww. whitehouse.gov/omb/circulars

2. STATE RESOURCES AWARDED TO THE UAO PURSUANT TO THIS CONTRACT
CONSIST OF THE FOLLOWING:
Matching resources for federal prograin(s):
CFDA#:
Title:

Amount §

Stale financial assistance subject to Sec. 215.97, Florida Statutes:
CSFA#

Tithe;

Amount: $

TOTAL STATE FINANCIAL ASSISTANCE AWARDED PURSUANT TO SECTION 215.97,
FLORIDA STATUTES —

State funds reported above may include Maintenance of Effort (MOE) funding. This
eccurs when a CFDA number is associated with State funds used to meet Federal
maintenance of effort requirements

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS CONTRACT CAN BE FOUND IN PART FOUR: STATE PROJECT
COMPLIANCE REQUIREMENTS OF THE FLORIDA SINGLE AUDIT ACT AT:
hitps.//apps. fldfs. com/fsaa/compliance.aspx

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EXHIBIT B
UAO DETERMINATION

PARTI: AUDIT RELATIONSHIP DETERMINATION

UAOQs who receive state or federal resources may or may not be subject to the audit
requirements of OMB Circular A-133, as revised, and/or Section 215.97, Florida Statutes.
UAQs who are determined to be UAOQs or subUAOs of federal awards and/or state financial
assistance may be subject to the audit requirements if the audit threshold requirements set forth
in Part | and/or Part Il of Attachment __ are met. UAOs who have been determined to be
vendors are not subject to the audit requirements of OMB Circular A-133, as revised, and/or
Section 215.97, Florida Statutes. Regardless of whether the audit requirements are met, UAOs
who have been deterrnined to be UAOs or subUAQOs of Federal awards and/or state financial
assistance must comply with applicable programmatic and fiscal compliance requirements.

In accordance with Sec. 210 of OMB Circular 4-133 and/or Rule 691-5.006, FAC, UAO has
been determined to be:

Vendor not subject to OMB Circular A-133 and/or Section 215.97, Florida Statutes
__ UAO/Sub UAO subject to OMB Circular A-133 and/or Section 215.97, Florida Statutes

___ Exempt organization not subject to OMB Circular A-133 and/or Section 215.97, Florida
Statutes. For Federal awards, for-profit organizations are exempt; for state financial
assistance projects, public universities, community colleges, district school boards,
branches of state (Florida) government, and charter schools are exempt. Exempt
organizations must comply with all compliance requirements set forth within the contract
or award document

NOTE: Ifa UAO is determined to be a UAO/subUAO of federal and or state financial assistance
and has been approved by APD to subcontract, they must comply with Section 215.97(7), F.S.,
and Rule 691-5.006(2), FAC [state financial assistance] and § 400 OMB Circular A-133
[federal awards}.

PART il: FISCAL COMPLIANCE REQUIREMENTS

FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. UAOs who
receive Federal awards, state MOE funds, or state matching funds on Federal awards and who
are determined to be a UAO or subUAO, must comply with the following fiscal laws, rules and
regulations:

STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR 225 a/k/a OMB Circular A-87 — Cost Principles*
OMB Circular A-102 — Administrative Requirements**
OMB Circular A-133 — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR 230 a/k/a OMB Circular A-122 — Cost Principles*
2 CFR 215 a/k/a OMB Circular A-110 — Administrative Requirements
OMB Circular A-133 — Audit Requirements
Reference Guide for State Expenditures

Other fiscal requirements set forth in program laws, rules and regulations

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EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL
GOVERNMENT} MUST FOLLOW:

2 CFR 220 a/k/a OMB Circular A-21 — Cost Principles*

2 CFR 215 a/k/a OMB Circular A-110 - Administrative Requirements
OMB Circular A-133 — Audit Requirements

Reference Guide for State Expenditures

Other fiscal requirements set forth in program laws, rules and regulations

*Some Federal programs may be exempted from compliance with the Cost Principles
Circulars as noted in the OMB Circular A-133 Compliance Supplement, Appendix 1.

“For funding passed through U.S, Health and Human Services, 45 CFR 92: for funding
passed through U.S. Department of Education, 34 CFR 80.

STATE FINANCIAL ASSISTANCE. UAQOs who receive state financial assistance and
who are determined to be a UAO/subUAO, must comply with the following fiscal laws,
rules and regulations:

Section 215.97, Florida Statutes

Chapter 691-5, Florida Administrative Code
State Projects Compliance Supplement
Reference Guide for State Expenditures

Other fiscal requirements set forth in program laws, rules and regulations

Revised 02/2017

36 Contract #LCY04