CCW PACKET MM - REVISED

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, October 12, 2021 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA This agenda has been revised by removing Legislative, Finance, and Administration Committee item #5 - Discussion - City Council Compensation (Councilman Bill Hare and Councilman Ralph Taylor, Jr.) and adding Legislative, Finance, and Administration Committee item #5 - Discussion - Infrastructure Submissions for State Aid (Councilman Andre Boggerty). Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/tla8fp Event number: 2330 193 1055 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS 1. Proposed Updates to Electric Service Handbook (Paul Waddell, Electric Director) (Staff recommendation: Approval of the Electric Service Handbook as edited) ADJOURNMENT OF THE UTILITY COMMITTEE 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 12, 2021 PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA (ACTIONABLE AND INFORMATIONAL) ACTIONABLE ITEMS 2. Proposed Budget Amendments to the Fiscal Year 2020 and 2021 Community Development Block Grant (CDBG) Action Plan (Tracey Harvey, Planner I) (Staff recommendation: Approval of the proposed Budget Amendments totaling $63,200.53 for Fiscal Year 2021) 3. Proposed Ordinance #2021-22 Amending Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Section 164 - Fees (Dave Hugg, Planning and Community Development Director) (Staff recommendation: Adoption of the ordinance as presented) 4. Discussion - American Rescue Plan Act (ARPA) Framework (Councilman David Anderson, Councilman Gerald Rocha, Sr., and Councilman Ralph Taylor, Jr.) 5. Discussion - Infrastructure Submissions for State Aid (Councilman Andre Boggerty) 6. Proposed Approval of By-Laws - Dover Strong Fund, Inc. (Matt Harline, Interim City Manager) (Staff recommendation: Endorse the By-Laws as submitted) 7. Annual Review of Investment Policy (Lori Peddicord, Controller Treasurer) (Staff recommendation: Approval of the submitted changes) 8. National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Computer Software Annual Subscription (Sole Vendor) (Sharon Duca, Public Works Director) (Staff recommendation: Issue a purchase order to 2NDNATURE Software, Inc. for the 2NDNATURE software to assist with the documenting and reporting for the City's NPDES MS4 permit for the amount of $17,998.50 in FY2022 (to be budgeted for annually)) 9. Update on North Bradford Street – Street, Sidewalk and Tree Plan and Consultant Utilization (Sharon Duca, Public Works Director) (Staff recommendation: Utilize Century Engineering to develop a Concept Plan for Street and Sidewalk Improvement for North Bradford Street in accordance with the Scope of Services and Cost Proposal received in the amount of $40,000 (fixed rate plus expenses)) RECCESS OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - October 12, 2021 PAGE 3 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA ACTIONABLE ITEMS MAYOR AND COUNCIL REPORTS - JULY 2021 10. Council President Sudler 11. First District 12. Second District 13. Third District 14. Fourth District 15. At-Large 16. Mayor Christiansen ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE INFORMATIONAL ITEMS 17. City of Dover Impact and Permit Fees - Capital School District (Matt Harline, Interim City Manager) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. COMMITTEE ACTION FORM PROCEEDING: Council Committee of the Whole - Utility Committee DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: September 28, 2021 PREPARED BY: Paul Waddell, Electric Director SUBJECT: Proposed Updates to Electric Service Handbook REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Interim City Manager EXHIBITS: Exhibit A – Redlines to 2012 Version EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Release upon Council Approval RECOMMENDED ACTION: Staff recommends approval of the Electric Service Handbook as edited. BACKGROUND AND ANALYSIS Council approved the attached Electric Service Handbook (Handbook) on January 9, 2012. Staff is recommending changes to this Handbook to clarify issues that have arisen since the last revision. The attachments to this Action Form show the proposed changes to the Handbook in redline format whereby the black text is original, the colored text is proposed, and the colored strikethrough would be deleted. The bulk of the changes involved formatting to make the document standardized. The first page was revised to include the Department’s Goals, Mission Statement and Five-Year Vision. We removed the list of approved inspection agencies and replaced it with links to where the most current lists could be found. We moved it because the list change much more frequently than updates to this handbook occur. Detailed explanations of Extensions and services were added as well as recent changes to manufactured homes mentioned in Ordinance 2016-16. There is also the combination of definitions from separate chapters and the elimination of the Customer Service section. This was due to it being repetitive with the other Rates & Tariffs document approved by Council earlier this year. Other items addressed were access to meters, marking of gang meters, maintenance of meters, information required for submitting interconnection applications and miscellaneous interconnection information. Illustrations and clarifications for meter pan placements were added as attachments. The Electric Service Handbook is specifically made a part of the City Code by reference in Section 110-31. 4

Exhibit A Item 1. CITY OF DOVER ELECTRIC SERVICE HANDBOOK Approved by City Council _____ 2021 5

Exhibit A Item 1. CITY OF DOVER ELECTRIC DEPARTMENT 860 BUTTNER PLACE DOVER, DE 19901 The Electric Department consists of a dedicated team of individuals who provided superior electric service and support to the customers of the City of Dover. Divided into three divisions, Transmission and Distribution, Engineering Services and Administration, the 40+ employees perform activities such as construction, maintenance, engineering design, engineering support, mapping, relay/substation maintenance, 24/7 system operations, metering, financial and administrative support. The guidance listed in this handbook will provide existing or potential customers with information on a variety of topics. Whether installing a new service, requesting a new light for your property or procedures for installing renewable energy systems it should be covered in here. If you would like to speak to a representative in the office, please refer to the following phone listing: Engineering Support – 302-736-7070 Focal point for electricians, contractors, and builders to contact regarding electrical services, applications, service requirements, scheduling trench inspections and appointments for field engineering site visits. System Operations – 302-736-7086, option 3 This would be for reporting power outages, light outages, after hours support for all City Departments (1630-0700) Administrative Services – 302-736-7070 Customer Service – 302-736-7035 Obtaining information regarding rates, billing questions, deposits, credit information, new service applications and security lights. Goals: 1. The primary goal of the Electric Department is to safely provide highly reliable electric service. 2. To plan and perform our work in an efficient and minimally impactful manner. 3. Promote cross communication with the customer and treat everyone respectfully. 4. Formulate long range upgrade plans Our mission statement is: “To support the current and future growth of all residential, commercial, industrial and defense customers we serve by safely providing reliable and affordable electricity while being economic and environmental stewards and continually looking for areas of improvement.” Our Five Year Vision is: “To offer exceptional service to our customers by integrating new technologies while being respectful of resources, financials, employees and the people we serve.” 6

Exhibit A Item 1. ELECTRIC SERVICE HANDBOOK Please contact the following for typical services noted: CUSTOMER SERVICE Customer contact to obtain information regarding rates, billing 5 East Reed Street questions, deposits, credit information, application for service, and Dover, DE 19901 applying for security lights. 302-736-7035 ELECTRICAL ENGINEERING Electricians, contractors, and builders should contact this division City of Dover Electric regarding initiation of electric services, applications, service 860 Buttner Place requirements and procedures and tentative time schedules. Dover, DE 19904 302-736-7072 EMERGENCY REPAIR Customer outage, voltage problems, street or security light outage, or 24/7 Service other electrical related problem or concern. 302-736-7086, Option 3 STATE APPROVED INSPECTION AGENCIES The is list was the agencies available at the time of publication and only listed for information, others may be availablelink below is the most current list of approved inspection agencies in Delaware. Please refer to the DPR.Delaware.gov website for the most current listing. The City of Dover does not perform any electrical inspections of private, commercial and industrial property. https://dprfiles.delaware.gov/electrician/Licensed_Elec_Inspection_Agencies1.pdf AMERICAN INSPECTION AGENCY FIRST STATE INSPECTION 7

Exhibit A Item 1. 3106 Polly Drummond Office Park 111 S. Race St. Newark, DE 19711 Georgetown, DE 19947 877-242-1300 800-468-7338 BUILDING INSPECTION MIDDLE DEPARTMENT UNDERWRITERS, INC. 2024 Ducan Rd. Suite 1-C Liberty Plaza Wilmington, DE 19802 Newark, DE 19711 800-222-6342 800-732-2551 302-266-9057 NATIONAL CODE INSPECTION 14514 Oak Rd. Greenwood, DE 19950 302-349-9493 Call Mmiss Uutility at 811 or 800-282-8555 to locate the underground facilities (all utilities may not be members of this organization). For those who are about to dig anywhere on the delmarvaDelmarva peninsula, this one call enables you to make one toll free telephone call to have the member companies' facilities located. To check on the status of a locate ticket, go to http://www.managetickets.com. https://call811.com/811-In-Your-State/Map/State/Delaware Privately owned utilities will not be located by the members of this organization. Any damages to underground facilities due to digging prior to marking will be the responsibility of the person or entity that struck the facility. In the event a facility is struck, contact 736- 7086 option 3 to report the damage. 8

Exhibit A Item 1. TABLE OF CONTENTS 1. GENERAL I.GENERAL INFORMATION 1 • DEFINITIONS 3 • SUPPLY VOLTAGES 5 • CLASS OF SERVICE 5 • INSPECTIONS 5 II. SERVICES AND EXTENSIONS • EXTENSIONS 6 • SERVICES 7 • MOBILEMANUFACTURED HOME PARKS 7 III. LIGHTING • Security lights 7 • Street Lights 8 IV. MOTOR PROTECTIVE DEVICES 8 V. GENERATORS 9 VI. POWER FACTOR CORRECTION 9 VII. CUSTOMER OWNED TRANSFORMER 9 VIII. SUBSTATIONS 9 IX. SENSITIVE ELECTRONIC EQUIPMENT 9 X. PRIMARY CUSTOMER 9 XI. TEMPORARY ELECTRIC SERVICE 10 • Overhead 10 • Underground 11 XII. RIGHTS OF WAY 11 XIII. ACCESS 11 XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY & NOTICE 11 I 9

Exhibit A Item 1. XV. CITY’S RIGHT TO DISCONTINUE SERVICE & NOTICES 12 XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 13 XVII. RELOCATION OF ELECTRIC FACILITIES 13 XVIII. RIGHT TO REMOVE CITY’S EQUIPMENT 13 XIX. CITY’S RIGHT TO INSPECT 13 XX. DEFECTIVE INSTALLATIONS 14 XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER STRUCTURAL OR SIMILAR INCIDENT 14 2. ELECTRIC METERS I. CITY RESPONSIBILITY 15 II. CUSTOMER RESPONSIBILITY 15 III. ELECTRIC SERVICE CONTRACT 15 IV. METER LOCATION 15 V. METER SOCKET REQUIREMENTS 15 VI. 480 VOLTAGE SPECIFICATIONS 17 VII. METER SOCKET MOUNTING 17 VIII. METER AND METER SOCKET ACCESSIBILITY 17 IX. METER SOCKET IDENTIFICATION 17 X. METER TAMPERING 17 XI. INACTIVE METERS/METERS REMOVED FOR CAUSE 18 XII. TERMINATION WITH NOTICE 18 XIII. TERMINATION WITHOUT NOTICE 18 XIV. METER TESTING 18 XV. METER ADJUSTMENTS 18 XVI. CHANGE OF INSTALLATION 19 XVII. FEES / CHARGES 19 XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY 19 XIX. RIGHT TO REMOVE CITY’S EQUIPMENT 19 II 10

Exhibit A Item 1. 3. TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS OF CUSTOMER OWNED GENERATION 20 I. PURPOSE 21 II. APPLICABILITY 21 III. DEFINITIONS 21 IV. INTERCONNECTION APPLICATION 22 V. DESIGNATION OF COMPANYCITY CONTACT PERSONS FOR MATTERS RELATING TO DISTRIBUTED 23 GENERATION CONNECTION VI. PRE-INTERCONNECTION STUDIES 23 • Completion of Pre-Interconnection Study 23 • Pre-interconnection Study Fee 23 VII. NETWORK INTERCONNECTION OF DISTR. GENERATION 23 VIII. PRE-APPROVAL OF GENERATION UNITS, DEVICES & SYST. 23 IX. CONNECTION APPROVAL 23 X. INTERCONNECTED GENERATION SITE WARNING LABEL 23 XI. DISCONNECTION AND RECONNECTION 24 • Application Termination 24 • Non Compliance 24 • In Case of a System Emergency Outage 24 Of the CompanyCity’s Primary Electrical Sources • For Routine Maintenance and Repairs 24 XII. TERMINATION 24 XIII. PRIVILEGED COMMUNICATIONS CONCERNING PROPOSED DISTRIBUTED GENERATION PROJECTS 24 XIV. TECHNICAL GUIDELINES FOR PARALLEL OPERATION OF ON-SITE DISTRIBUTED GENERATION UNITS UNITS 24 • General Interconnection & Protection Requirements 25 • Prevention of Generator Owner Generation Interference with CompanyCity System 26 ➢ Voltage 26 ➢ Flicker 27 III 11

Exhibit A Item 1. ➢ Frequency 27 ➢ Harmonics 28 ➢ Power Factor 28 ➢ Current 29 ➢ Fault & Line Clearing 29 ➢ Automatic Reclosing 29 • Control, Protection & Safety Equipment Requirements Specific Toto Generators 30 of 500 kW or less • Control, Protection & Safety Requirement Specific to Three Phase Synchronous 30 Generators, Induction Generators & Inverter Systems ➢ Three Phase Synchronous Generators 30 ➢ Three Phase Induction Generators & Inverter Systems 30 • Requirements Specific to Generators Paralleling Forfor 0.1 second or less 31 • Inverter Type 32 • Inspection & Start-Up Testing 32 • Site Testing & Commissioning 32 • Metering 32 • Dedicated Transformer 32 • Suggested References 32 4. NET METERING 34 I. GENERAL PROVISIONS 34 II. METERING AND TARIFF REQUIREMENTS 35 III. NET METERING CONDITION 1 AND CONDITION 2 35 IV. NET METERING CONDITION 3, HOST SYSTEM 36 V. NET METERING CONDITION 3, STAND ALONE SYSTEM 37 VI. NET METERING CONDITION 2 37 VII. NET METERING CONDITION 3 SUBSCRIBERS 38 IV 12

Exhibit A Item 1. VIII. DISPUTES 39 IX. INTERCONNECTION REQUIREMENTS 39 X. FAILURE TO COMPLY WITH THESE RULES 39 XI. NET ENERGY METERING 39 5. CUSTOMER SERVICE 42 I. APPLICATION AND CONTRACT FOR SERVICE 42 II. ELECTRIC SERVICE CONTRACT 42 III. ELECTRIC SERVICE RATES 42 IV. NO PREJUDICE OF RIGHTS 42 V. CITY’S RIGHT TO REJECT APPLICATION 42 VI. SERVICE CHARGE FOR APPLICATION OF SERVICE 42 VII. MOBILE HOME PARKS 43 VIII. SERVICE DEPOSIT 43 IX. TRANSFERRING SERVICE 43 X. DISCONTINUE ELECTRIC SERVICE BY CUSTOMER NOTICE 43 XI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 44 XII. BILLING PERIOD 44 XIII. ESTIMATED BILLING 44 XIV. EQUALIZED PAYMENT PLAN 44 XV. FINAL BILLING 44 XVI. OPTIONS IN BILL PAYMENTS 44 XVII. CREDIT POLICY 44 XVIII. RETURNED CHECKS & RETURNED ELECTRIC FUNDS TRANSFERS 45 XIX. MEDICAL HARDSHIP POLICY 45 XX. ELECTRIC SERVICE RE-CONNECTION; FEE; ARREARAGE 45 XXI. COMPLIANCE 45 XXII. METER READINGS 46 XXIII. BILLING CHANGES 46 V 13

Exhibit A Item 1. XXIV. CHOICE OF SERVICE CLASSIFICATIONS 46 XXV. CHANGING SERVICE CLASSIFICATIONS 46 XXVI. CITY ASSISTANCE 46 VI 14

Exhibit A Item 1. CITY OF DOVER ELECTRIC DEPARTMENT ELECTRIC SERVICE HANDBOOKSECTION 1 GENERAL I. GENERAL INFORMATION 1. This Handbook is issued designed to be used as a reference and contains the rules and regulations regarding the requirements, policies, and procedures between customers, contractors, architects, engineers, and the City of DoverCity Public UtilitiesElectric Department, here forward known as “The City”. The City has the right to change, modify, or charge for services not normally performed to protect the interest of the City and the rate payers. 2. There shall be an Electric Division Director who has authority over the Electric plant, Electric Transmission & Distribution System and their appurtenances and is under the general supervision and authority of the City Manager. who shall superintend and have authority over the Electric plant, Electric Distribution System and their appurtenances. 3. The City will endeavor to cooperate in every way in completing service connections as promptly as possible and will give special attention to unusual problems which may confront the customer, contractor, architect or engineer. The City reserves the right to change service requirements where non-standard circumstances exist. 4. Observance of the requirements contained herein will enable the City to render prompt and satisfactory service. Assistance in the interpretation or clarification of these requirements may be obtained by contacting the City Electric Department at 302-736-70702 or Customer Service at 302-736-7035. 5. These requirements in this handbook do not replace, but are supplemental to, the ordinances adopted by the Dover City Council., your elected officials which set the policy for the City of DoverCity Public UtilitiesElectric Department. 6.1. The City shall not be liable for damages resulting from the presence of electric current associated with the City's equipment on the customer's premises, or from the use of electric service of the City by the customer. 7.6. The City may from time to time supplement, alter or otherwise change the policies contained herein as may be necessitated by changing conditions, for the protection of the interest of the customer, the City or the general public. It will be the responsibility of the contractor, electrician, developer, etc., to obtain and keep current their copy of this handbook. The most current version of this document will be found on the City of Dover website. 8.7. The standard electric service supplied by the City is alternating current with a nominal frequency of 60 hertz (cycles per second). 9.8. As the voltage, number of phases and type of metering which can be supplied depends upon the City's facilities available at or near the customer's location, the customer shall consult the city Electrical Engineering division at 302- 736-7072302-736-7070 before proceeding with the purchase or installation of wiring or equipment. 9. THE CITY DOES NOT GUARANTEE CONTINUOUS ELECTRIC SERVICE AND WILL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE OR EXPENSE TO ANY CUSTOMER OCCASIONED BY AN INTERRUPTION, LOSS OF PHASE OR PHASE REVERSAL -1- 15

Exhibit A Item 1. IF DUE TO ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE CITY. The City shall not be liable for damages resulting from the presence of electric current associated with the City's equipment on the customer's premises, or from the use of electric service of the City by the customer. 10. When it becomes necessary to make repairs to or changes in the City's electric system, the City may suspend the delivery of service for such periods as may be reasonably necessary without incurring any liability because of such service interruption. However, when possible the City will make every reasonable effort to schedule such repairs and changes with its customers. 11. The customer is responsible for trimming trees on private property to provide necessary clearance for electric service drops. This should only be done by qualified persons familiar with this type of work. The City will assist removing tree limbs which have broken and are lying on the service drop upon request. 12. In all cases where new installations, or alterations or additions to existing installations are to be made, the City Electric Engineering Division must also be consulted with regard to the size and character of the anticipated electric load so that Engineeringthey may advise the customer about the electric facilities available at their specific location. These consultations are distinctly advantageous to the customer or representatives so that errors in equipment ratings and any deficiency in electric service capacity available at a given location may be avoided. Advance consultation may also avoid unnecessary additional expense or delays on the part of the customer or their contractor. 13. Furnishing electric service to a prospective customer is necessarily dependent upon the ability to obtain adequate rights-of-way and/or easements for this purpose from the customer. 14. Service entrance, meter and wiring on temporary installations shall be installed in the same manner as for permanent installations. -2- 16

Exhibit A Item 1. DEFINITIONS Terms used in this document shall have the following meanings: 1. ACCOUNT – An account is one metered or un-metered rate or service classification which normally has one electric delivery point of service. Each account shall have only one electric service supplier providing full electric supply requirements for that account. A premises may have more than one account. 2. APPROVED, when referring to an customer's electrical installation, shall have met the requirements of an authorized inspection agency. "Approved" when referring to equipment or material, shall have met the standards of a recognized laboratory, or a standard/design recognized by the City of DoverCity. 3. CITY , as used throughout this handbook refers to the City of DoverCity of Dover Public UtilitiesElectric Department. – Electric Division. 4. CONDUCTOR – SERVICE, shall mean all overhead or underground electric conductors and appurtenances located between the last pole or underground terminal of the City's electric power conveyance system and the point of connection with the customer's electric wiring. 5. CUSTOMER, is any adult person, partnership, association, corporation, or other entity: (i) in whose name a service account is listed, (ii) who occupies or is the ratepayer for a premises, building, structure, etc., and (iii) who is primarily responsible for payment of bills. A customer includes anyone taking Delivery Service or combined Electric Supply & Delivery Service from the City under one service classification for one account, premises or site. Multiple premises or sites under the same name are considered multiple customers. 5.6. DISTRIBUTED GENERATION or ON-SITE DISTRIBUTED GENERATION is an electrical generating unit of less than or equal to 500 kW which may be connected in parallel operation to the City’s system.used to designate either the present or the prospective user of the City's electric service. 6.7. ELECTRIC APPARATUS shall mean any condenser, conductor, transformer, adapter, electrical generator, electrical appliance or any article through which or by means of which electricity is carried, consumed or created. -3- 17

Exhibit A Item 1. 7.8. ELECTRIC DEPARTMENT shall mean that Department of the City of DoverCity authorized by Section 25 of the Dover Charter (1961) that supplies electric power to the City and its inhabitants and certain other customers. 9. ELECTRIC WIRING shall mean any wiring which, at any time, is used to conduct electric current or energy. 8.10. EXTENSION is any construction beyond the normal service facilities (which include the service extension to the customer, transformers, transformer devices, service drop and meter) to extend the distribution system along the normal route of development of the distribution system to the point where the extension departs from the normal route development and is being installed as a service extension solely for the customer. 11. GENERAL MASTER ELECTRICIAN , shall mean a person engaged in the business of, or holding himself out to the public as engaged in the business of installing, erecting and repairing, or contracting to install, erect or repair, electric wire or conductors to be used for the transmission of electric current for electric light, heat or power purposes, or moldings, ducts, raceways or conduits for the reception or protection of those wires or conductors, or to electrical machinery, apparatus, devices or fixtures to be used for electric light, heat or power purposes, or planning, estimating or laying out and supervising that electrical work as licensed by the State of Delaware. 12. GENERATOR OWNER is the owner of the generating system that is interconnected to the City. 9.13.GRID is the interconnected arrangement of lines and transformers that make up the City’s electric power system. 10.14. GROUP METERING, refers to those meter installations at multiple occupancy buildings where the individual meters for the several customers are arranged in a bank or grouping in the same area, and are energized from the same service point. 15. INSPECTION AGENCY means the person or agency duly authorized by the City of DoverCity and licensed by the State of Delaware to make such inspections. The City will render service only after receipt by the City of a notice of approval issued by a recognized inspection agency. 16. INTERCONNECTION is the physical connection of distributed generation to the City’s system in accordance with these guidelines so that parallel operation can occur. 17. INTERCONNECTION APPLICATION is the standard form of application which must be submitted by the Generation Owner to the City for permission to interconnect with the City system. The approved Interconnection Application sets forth the contractual conditions under which the City and Generator Owner agree that one or more generating units whose aggregate generation at the Point of Common Coupling is less than or equal to 500 kW may be interconnected at 34.5 12.47kV or less with the City’s system. 18. INVERTER is a static power converter with control, protection and filtering functions that converts Direct Current input to Alternating Current output. Inverters must meet the specifications of IEEE 1547 and UL 1741, Anti-Islanding Protection to be installed on the City’s grid. 11.19. ISLAND is defined as a portion of the utility system which contains both load and distributed generation and is isolated from the remainder of the utility system. -4- 18

Exhibit A Item 1. 12. MASTER ELECTRICIAN LIMITED, typically shall means any person engaged in house wiring, limited to no more than four (4) family dwellings as licensed by the State of Delaware; however, please refer to the State of Delaware website for current definition; http://dpr.delaware.gov/boards/electrician/newlicense.shtml. 13.20. NATIONAL ELECTRICAL CODE (N.E.C.) refers to the- Llatest eEdition of shall mean the National Electrical Code suggested for adoption by the National Fire Protection Association and can be found at www.nfpa.org. 14.21. NATIONAL ELECTRICAL SAFETY CODE (N.E.S.C.) refers to the - Llatest eEdition, shall mean of the National Electrical Safety Code approved by the American National Standards Institute (ANSI) and can be found at http://standards.ieee.org/about/nesc/. 22. NON-RESIDENTIAL, shall mean a place of business, public service, utility service, private service, or lighting service, apartment home, apartment or building, condominiums and any other service not installed to feed an individual residence. All services shall be individually metered. 23. PARALLEL OPERATION is any electrical connection between the City’s system and the Generator Owner’s generating source. 24. POINT OF COMMON COUPLING is the point where the electrical conductors of the City system are connected to the customer’s conductors and where any transfer of electric power between the Generator Owner and the City System takes place (such as switchgear near the meter). 25. PRE-APPROVED EQUIPMENT is a specific generating and protective equipment system(s) that have been approved by the City as meeting the applicable parts of this document for a specific function and application. 15.26. PRE-INTERCONNECTION STUDY is a study or studies which may be undertaken by the City in response to its receipt of a completed application for parallel operation with the City’s system submitted on the Interconnected Application form prescribed by these guidelines. Pre-Interconnection Studies may include, but are not limited to service studies, coordination studies and facilities impact studies. 27. PRIMARY SERVICE, is defined as conductors and equipment rated for voltages greater than 750 volts. 16.28. QUALIFYING FACILITY (QF) is cogeneration facility or a small power production facility that is a qualifying facility under Subpart B, Section 292.202 of the Federal Energy Regulatory Commission’s regulations per the Public Utility Regulatory Policies Act of 1978. 17.29. RESIDENTIAL, shall mean a structure, dwelling or home in which one (1) electrical service is run to feed an individual customer. 18.30. SEASONAL ELECTRICAL SERVICE shall mean electric service required for a period of less than one (1) year at a permanent location or at the same location annually for a particular event or a season of the year. 19.31. SERVICE, has several meanings, depending upon its contextual use. a. It may be used as a general reference to the supply of energy electricity by the City for the use by the customer. -5- 19

Exhibit A Item 1. b. It may refer to the conductors which physically connect the utility lines and the customer's electric facilities. These may be primary or secondary voltage, and overhead or underground. When underground, the service is generally called an "Underground Service". When overhead, the service is generally called an "Overhead Service". When underground, the service is generally called an "Underground Service". c. It may mean the actual physical tie, or the act of making that physical tie between the City's distribution or service conductors and the customer's electric facilities. This is more generally known as a "Service Connection". 32. SERVICE ENTRANCE, refers to the customer owned cable/equipment (generally conductors, overhead and underground conduit, and meter socket) which is located between their service connection and the service receiving equipment (main switch, distribution panel, load center, etc.). 20.33. STABILIZED is a condition of City’s system following a disturbance which returns to the normal range of voltage and frequency for at least 5 minutes or longer as coordinated with the City. The City may require a longer period upon a reasonable showing that the reconnection after 5 minutes will adversely affect the safety and reliability of the electric system. 21.34. STARTING CURRENT, when this term is applied to a motor or other electrical device, means the maximum current per phase drawn by the motor or device. 22. UNDERWRITERS OR MIDDLE DEPARTMENT shall mean the Middle Department Association of Fire Underwriters. 35. SUPPLY SERVICE CHARGES are the costs of providing electrical services to the customer. This is refected in the charge per kWH on the utility bill and does not include other charges such as the Customer Charge, Demand Charge or Power Factor Adjustment. 36. UNDERWRITERS LABORATORIES, INC. refers to the Underwriters Laboratories, Inc., headquartered at 333 Pfingsten Road, Northbrook, Illinois 60062. 37. UNIT is defined as a distributed generation facility. 23.38. UTILITY SYSTEM or ELECTRIC DISTRIBUTION FACILITY is the City’s distribution system operating at 34.512.47 kilovolts or below to which the generation equipment is interconnected. 22. UNDERWRITERS LABORATORIES, INC., shall mean the Underwriters Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611. -6- 20

Exhibit A Item 1. SUPPLY VOLTAGES 1. In this Handbook, all references to voltages are standards or nominal voltages and actual voltages supplied may vary above or below these values within the limits prescribed by accepted good practice and the regulatory authorities having jurisdiction. Generally, voltage should stay within plus or minus ten percent of nominal voltage. The City may specify the voltage and the minimum and maximum load that it will supply at any particular voltage. The customer is responsible for using appliances of the correct voltage rating (240V motors are not to be used with 208Y/120 volt). 2. Not all types of electric service listed below are available at all locations. Subject to limitations, the class of secondary electric service available, with the nominal voltages are: CLASS OF SERVICE Single-phase 3 wire 120/240 volts Three-phase 3 wire 480 volts Three-phase 4 wire 208Y/120 volts Three-phase 4 wire 480Y/277 volts 3. Existing 120/240 volt tThree- Phase services will be maintained until such time the service is upgraded, changed or disconnected. 4. 4. Primary electric service also may be available at 12470/7200 volts but is dependent upon location and size or type of the load to be served. Such electric service may be made available under suitable contractual arrangements, as determined by the City under the applicable electric service ordinances, rules and regulations, and electric tariffs approved by City Council. INSPECTIONS -7- 21

Exhibit A Item 1. 1. The City will render electric service from its distribution system to the newany facilityies of a customer only after receipt by the City of a notice of approval issued by a State of Delaware recognized electrical inspection agency certificate. 1.2. All new wiring and equipment, or changes in wiring and equipment, must be installed in accordance with the latest edition of the National Electrical Code (N.E.C.) and the City's requirements in order to be approved for connection to the City's electric system. 2.1. The City will render electric service from its distribution system to the new facilities of a customer only after receipt by the City of a notice of approval issued by a State of Delaware recognized electrical inspection agency. 3. Any changes in or additions to, the original wiring and equipment of the customer shall be subject to the requirements stated above. 4.3. The City may refuse to render service to a customer where it has knowledge of, or reason to believe, that the customer's wiring or equipment does not comply with recognized requirements. The City shall be under no obligation to inspect the wiring and equipment of any customer. 5.4. Trench iInspections, when made by the City, are to insureensure compliance with its own requirements and to cooperate with customers, contractors, architects and engineers. The City does not assume the responsibility for the customer's wiring or equipment or for any loss, injury, or damage that may result from any defects that may exist in the customer's wiring or equipment. 6.5. The City will issue an inspection wavier only for an existing service and will only be issued to the owner or approved licensed electrician. Waivers will only be issued when the City determines the connection is an emergency. Waivers must be cleared through a follow up inspection within 15 calendar days. If the wavier is not cleared within 15 calendar days, the service will be disconnected. II. SERVICES AND EXTENSIONS AND SERVICES EXTENSIONS 1. The City will construct line extensions to supply service to customers in residential, commercial or industrial developments in specific areas, upon payment of primary extension fees calculated by using the current cost of equipment to complete the extension. The developer (or property owner) provides, without charge to the City, right- of-way for lines and equipment which is suitable in the opinion of the City for the installation of City facilities throughout the development. Suitable right-of-way includes, but is not limited to, providing ground line clearing of trees, brush and other obstructions, rough grading, and access by mechanical construction equipment. When restoration of service to the premise is not possible due to an obstruction the customer, or the owner of the property on which the obstruction is situated is responsible for removing the obstruction. 2. The City of DoverCity will extend and maintain the service to a point of connection determined within the service classifications defined in the Rates and Tariffs Handbook. Extension materials will be provided only by the City of Dover. If your service is classified as Residential, the City will maintain the service up to the meter pan and to include the meter. If your service is classified as commercial, the City will maintain up to the nearest point of -8- 22

Exhibit A Item 1. connection;connection, i.e. transformer or pedestal. From this point up to the meter pan is the responsibility of the service owner. For extensions utilizing 500 MCM or smaller wire, the City will provide the appropriate connector. a. Residential Overhead – The - The Ccity will extend its system to the service mast or service drop attachment; b. Residential Underground - - The cityThe Ccity will extend its system to the meter enclosure; c. Commercial Overhead – The - The customer will be responsible for the service to the nearest point of connection, generally at or near the property line; d. Commercial Underground – The - The customer will be responsible for the service to the nearest point of connection, generally at or near the property line. EXTENSIONS – RESIDENTIAL AND NON-RESIDENTIAL 1. Underground & overhead eExtensions underground & overhead (overhead only allowed under special circumstances with final determination and approval, solely determined by the City) will be designed by the Engineering departmentEngineering division to the point of ownership designated in the service classification. Service point locations will be determined by the City and the City will extend the service to the designated point of connection. 2. Non-residential – The owner/developer shall supply and install all conduits per City of DoverCity design and standards. The Owner/Developer and will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of DoverCity specifications from the City warehouse. The owner/developer will be responsible for 100% (including current warehouse overhead rate) of the material/equipment cost as quoted in the primary extension fee; however, the City will continue to own and maintain this equipment. The City will not accept or install any materials supplied by the contractor or customer. 3. Residential developments having more than one (1) home will have a set fee that is determinedrecalculated annually based on 100% material costs (including current warehouse overhead rate) for a City determined average development. Please contact the Engineering departmentEngineering division at 302-736-7072302-736-7070 for the current per lot rates for developments. The dDeveloper will be responsible to supply and install all conduits per City of DoverCity design and standards. The developer will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of DoverCity specifications from the City warehouse. Current fee for developments having more than one (1) home is $1100.00 per lot. Due to the size of some developments, the extension fees may be paid on a mutually agreeable lot phasing plan. These fees will be subject to the “per lot” fee at time of payment. 4. Single residential homes not part of a group development shall supply and install all conduits per City of DoverCity design and standards. The oOwner/dDeveloper will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of DoverCity specifications from the City warehouse. The owner/developer will be responsible for 100% of the material/equipment cost (including current warehouse overhead rate). -9- 23

Exhibit A Item 1. SERVICES – RESIDENTIAL AND COMMERCIAL 1. All new services will be installed underground to the City’s designated point of connection. Any upgrades, alterations, or changes being made to an existing overhead service may require the owner, at their expense, to bury the overhead lines to underground. NoO service shall be tampered with in anyway without notifying the Electric Ddepartment prior to work being performed. 2. Customers may request to have the service disconnected or request to have the meter seal removed by a qualified electrician to make repairs on the customer owned facility. Any changes or repairs that require the neutral of the service to be broken will require an electrical inspection by a State of Delaware Inspection Agency. All services must be in accordance with latest version of NEC and NESC. 3. Should an existing service require a service mast, the following will apply:. a. Service masts of galvanized steel conduit or other metal masts of equivalent strength may be used. b. Minimum size acceptable is 2 inch galvanized rigid conduit and shall normally be limited to a height of 3 feet above the roof without guying, for up to a 200 amp200-amp service. 1.4. The attachment for the overhead service shall be supplied by the customer/contractor. Service drop wires should be installed over buildings and roofs as per N.E.C. No service drop will be installed over a swimming pool. MOBILEMANUFACTURED HOME PARKS 1. All applicable provisions of this Article shall apply to electric service in mobilemanufactured home parks. MobileManufactured home park operators shall comply with this handbook. Since July 1, 1982, all mobilemanufactured home parks shall not be installed under a “single meter” service classification which means they are prohibited from reselling electric power. All mobilemanufactured homes must also conform to the N.E.C. regulations for mobilemanufactured homes, and any changes necessary will be at the expense of the owner. 2. The mobilemanufactured home park operator is responsible for contacting the City for the design of the electrical distribution system at the mobilemanufactured home park so as to permit the delivery of energy through individual meters to each mobilemanufactured home tenant. 3. The City will supply all facilities as required up to and including the meter socket pedestals. Installation of meter socket pedestals is the sole responsibility of manufactured home park operator. The location of the meter sockets will be determined by the City Electric Engineering DepartmentEngineering division. In accordance with City of Dover Ordinance #2016-16, page 3, Sec. 66-5, paragraph (a) iv, community owners are responsible to coordinate with the City regarding utility services and equipment. This is to include the notification of empty lots in a timely manner to allow the City to remove any unused equipment until the lot is occupied. The manufactured home park owner is responsible for any electrical work from the load side of the meter to the manufactured home. - 10 - 24

Exhibit A Item 1. 1.4. For the purpose of calculating fees, mobilemanufactured homes will be classified as primary extensions – non- residential and will be billed at 100% material costs (including current warehouse overhead rate). III. LIGHTING GENERAL 1. It is the current policy of the City to equip new developments with Light Emitting Diode (LED) lights in an effort to reduce energy usage. Please refer to the Rates and Tariffs Handbook to view the most current rates for lighting options available. The City reserves the authority to trim vegetation and/or trees in the public right-of-way to ensure that lighting is not blocked or the area shadowed as a result of this growth. SECURITY LIGHTS 1. Un-metered security lighting will be installed by the City and billed at the appropriate tariff rate. Such lighting will be installed on existing City poles or lighting service poles may be installed on public or private property by the City as per the City's lighting policy. Pole and light type will comply with the current City policy. Customers who apply to have a security light installed accept a two (2) year minimum contract with the City of DoverCity. If at any time the contract shallis be terminated within the two (2) years contractof execution, the complete prorated installation and full removal cost of the light will be billed to the customer. 2. Decorative and roadway poles are optional for security lighting in residential areas at the appropriate tariff rate. Decorative and roadway poles require a five (5) year minimum contract. If at any time the contract shall beis terminated within the five (5) years of executioncontract period, the complete prorated installation and full removal cost of the light will be billed to the customer. 1.3. Lighting types and styles may be changed without notice. If the current type/style is no longer available, a City standard a suitable replacement of similar size and style will be installed by the City and the appropriate rate will apply. STREET LIGHTS 1. Existing City maintained or Annexed Streets a. City residents must submit a request for street lighting to the Electrical Engineering DepartmentEngineering division Division at 302-736-7072302-736-7070. b. A determination is made of the amount of lights requiredcalculation of the amount of required lighting is completed, the cost of installation and operations, and a decision is made concerning the need application of for street lighting based on standards for roadway lighting for pedestrian or vehicular traffic. 2. New Developments (Streets) a. The Electrical Engineering DepartmentEngineering division Division designs and furnishes to the developer the layout plans and specifications for the lights. The City retains the sole authority to determine the lighting - 11 - 25

Exhibit A Item 1. requirements and the installation sequence for the development. The plans will be submitted to the developer along with the electrical extension plans. b. The developer is responsible for the installation of the conduits and below grade equipment according to the plans and specifications. The developer will be responsible for the rental costs of all street or alleyway lights, as per the applicable tariff rate, until such time as the streets are dedicated to the City of DoverCity. c. The City will install the standard street light pole and LED head for $420.00 per lightthe current market rate; this fee will be routinely re-evaluated and will recover 100% of the material cost (including current warehouse overhead rate) . This fee will be collected billed at the same time as the “extension - lot fee” which is collected prior to the installation of any electric facilities, see Section II, page 6. Any non-standard street light installation will be based on the actual cost of the materials (including current warehouse overhead rate), for example the lights at Eden Hill. The City will not be responsible for maintaining the stock of non-standard streetlights, this will be the responsibility of the customer or developer. 3. Developments Outside of City or Private Streets a. Residents must submit a request for street lighting to the Kent County Engineering DepartmentEngineering division, (302) 744-2430 or the State of Delaware Department of Transportation, (800) 652-5600. b. A determination is made of the amountnumber of lights required; and both parties shall agree to the design before construction begins. The same tariffs apply as security lighting with minimum two (2) year or five (5) year minimum contract based on the style of light. IV. MOTOR PROTECTIVE DEVICES 1. All motor protection devices shall be installed and maintained by the customer. a. All motors, single or three-phase, shall contain devices that will protect the motor and circuit against overload or short circuit. Refer to the N.E.C. for motor protection details. b. Motors equipped with reduced voltage starters thatn cannot be safely subjected to full voltage at starting shall contain a device to insureensure that, on the failure of the supply voltage, the motor will be disconnected from the line and the starter returned to the "off" position. To prevent unnecessary shutdowns, it is recommended that this starter be equipped with time delay feature to prevent the starter from dropping out and to permit the motor to continue to operate during a momentary voltage change. c. The direction phase rotation and the continuity of all three phases of the alternating current supply are carefully maintained; however, the City cannot guarantee against accidental or temporary change or failure thereof. Therefore, motors or other apparatus requiring unchanged phase rotation or continuity of three- phase supply shall be equipped, by the customer, with suitable three-phase protection against reversal or phase failure. V. GENERATORS - 12 - 26

Exhibit A Item 1. 1. The City must always be consulted concerning the installation of any emergency electric generating equipment. In all cases of emergency standby generation (non-cogeneration) a double throw switch shall be installed between the generator and the Ccity's supply as per n.e.cN.E.C. 1.2. Cogeneration and Solar equipment is subject to the rules and regulations contained in the Interconnection Agreement. Please refer to Chapter 4, Net Metering in this handbook for more details. VI. POWER FACTOR CORRECTION 1. Attention is called to the desirability and importance of maintaining the power factor of any load as near unity as possible. The maintenance of aA high power factor will increase the capacity of conductors and equipment, increase overall efficiency, and will decrease operating costs for those customers whose rates contain a Power Factor Clause (see current applicable Electric Rates and Tariff Handbook). Where large motors are to be installed, consideration should be given to the use of capacitors to improve the power factor. VII. CUSTOMER-OWNED TRANSFORMER 1. Where a customer is to receive primary metered service and the transformers and protective equipment are customer owned; such transformers and protective equipment shall comply in all respects with the N.E.C., City specifications and any other applicable standard/regulation. Maintenance and operation are the responsibility of the customer. Please refer any questions to the Electric Engineering sectionDivision at (302) 736-70702. VIII. SUBSTATIONS 1. The City shall always be consulted and the City shall approve the facilities prior to the completion of the plans. For example, this approval may include the design, location, and construction of customer-owned substations. Any expense related to the interconnection of the substation shall be borne by the substation owner. IX. SENSITIVE ELECTRONIC EQUIPMENT 1. Sensitive electronic equipment (computers, industrial process controller, etc.) should be protected from electrical noise, power surges, and related disturbances through the customer installed equipment. Refer to Section XIV, page 12 for more information on liability and responsibility. X. PRIMARY CUSTOMER 1. A primary customer is one who owns and maintains all primary cables, wires, transformer(s), secondary cables, and all associated equipment on the load side of the metering point. The City will provide and install all metering equipment at the customer’s expense. The exact location will be determined by the City. a. Overhead: The metering installation will be located at or near the property line (metering point). The point of attachment (demarcation point) is defined as the load side of CT; the City will make this connection. b. Underground: The metering installation will be located on a riser pole, or underground metering cabinet, at or near the customer's property line (metering point). The City shall determine the type of installation. On pole mounted metering installations, the point of attachment (demarcation point) is defined as the load side - 13 - 27

Exhibit A Item 1. of CT and the City will make this connection. On underground, the point of attachment (demarcation point) will be the elbow inserts and the customer will install and terminate the customer owned cables. XI. TEMPORARY ELECTRIC SERVICE 1. Temporary installations, temporary meterings, and/or other services of short duration shall be made at the expense of the customer with charges based on the materials, labor, and equipment required to install and remove the City supplied electrical equipment. A deposit in advance, sufficient to cover estimated construction and removal expenses and energy used, may be required. a. A tTemporary service is service ordinarily not recurrent in nature, and is required for temporary structures or locations for a period of normally less than one year, such as a construction trailer, event lighting, etc.. b. A tTemporary service will be rendered only when and where the City has the necessary facilities available to render the service applied for, without detriment to the service of other customers. c. If extensions are required by the City, a credit will be issued for material returned in first class, usable condition as determined by the City. d. All temporary service locations will be designated determined by a City representative. e. No temporary service installation shall be moved while the City's service is attached. f. Service wire, meters and all other City equipment associated with the temporary service shall will not be connected or disconnected by persons other than employees of the City. g. A State of Delaware electrical inspection shall be required prior to the City energizing the service. h. All equipment, except the meter, shall be furnished and installed by the customer/contractor. 1.2. OVERHEAD TEMPORARY SERVICE a. A pole or timber to which the City attaches a temporary overhead service for supplying a service shall be supplied and erected by the customer/contractor and shall meet the City's minimum requirements as outlined below. i. If the City's service will cross a public street or highway, the support must be a treated pole of Class 6 or larger (Class 6 pole has a minimum circumference around the top of 17 inches) and meet minimum road clearances as required by the N.E.C., Article 230 and N.E.S.C, Section 23. If the service will not cross a public street or highway, the support may be either a treated pole or timber. If a timber is used it shall be structural grade fir or pine with a cross section not less than nominal 6 inches x 6 inches. Three (3) 2 x 6's are acceptable. The service shall meet the minimum height requirements as per N.E.C., Article 230. ii. The pole or timber shall have inherent strength or be adequately guided guyed to support the service conductor. Braces at a minimum, are to be 2 inch2-inch x 4 inch4-inch lumber well spiked to the pole or timber at least ten (104) feet above ground and two solidly driven 2 inch2-inch x 4- inch stakes. - 14 - 28

Exhibit A Item 1. iii. Temporary services will normally be three-wire, 120/240 volts and limited to one span not more than 100 feet provided proper clearance can be maintained. 2.3. UNDERGROUND TEMPORARY SERVICE a. When a customer requires a temporary service from an underground distribution system, the pole or timber with service equipment, shall be installed by the customer/contractor and shall meet the requirements in Sections 1 thru 6 below. i. The support shall be a treated pole or structural timber with a cross section of not less than (nominal) 4" x 6" or 2" x 12". ii. The pole or timber must be of sufficient length to be installed in the ground far enough to make the support sturdy against accidental damage-approximately 30 inches in depth. iii. The pole or timber must be at a location specified or approved by the City and will normally be located from five (5) to ten (10) feet from an existing pad mounted transformer, secondary pedestal, or splice box. iv. The contractor will provide conduit down the pole or timber from the meter socket to a distance approximately eight (8) inches below grade and enough underground cable to reach the City's transformer or splice box. The contractor must dig the trench from the support to within three (3) feet of the City's facility at a minimum depth of 24 inches, see N.E.S.C. Figure 352-4 and/or N.E.C. Table 300.5. v. Underground conductors shall have sufficient length to make connections to terminals in the secondary compartment of the transformer or pedestal. Minimum cable size will be #2 Aluminum. v. Temporary services will normally be three-wire, 120/240 volts. vi. If 3-phase temporary service is requested and approved, the owner/developer shall supply and install all conduits per City design and standards and will be responsible to pick up and install all below grade equipment, pads, and pedestals per the City specifications from the City warehouse. The owner/developer will be responsible for 100% (including current warehouse overhead rate) of the material/equipment cost as quoted in the primary extension fee; however, the City will continue to own and maintain this equipment. The City will not accept or install any materials supplied by the contractor or customer. The cost of the 3-phase pad mounted transformer will be prorated for the duration of time temporary service is requested. Additional costs will be incurred if duration of time temporary service requested is exceeded. NO refunds will be issued is temporary service is removed prior to expiration of requested duration of time. XII. RIGHTS-OF-WAY 1. Any applicant requesting electric service agrees to furnish, without expense to the City, a satisfactory right-of-way necessary for the erection, maintenance and operation of electric facilities, including the right to trim trees, bush or - 15 - 29

Exhibit A Item 1. shrubs, or clear undergrowth as deemed necessary by the City. This right-of-way includes cables and equipment that may be installed for the service of contiguous or noncontiguous properties. The right-of-way shall remain in effect until the City agrees to abandon the right-of-way. XIII. ACCESS 1. City employees have the right to enter onto the property at any time to inspect or repair the electric facilities; determine electric loads, and metering equipment. No structures or items shall be placed near City equipment to hinder opening of doors and safe access to the equipment. All vegetation must be kept trimmed to allow safe access to City equipment to include meters. The clearance requirements will be 10 feet where access to the internals of the equipment is made and 3 feet on all other sides of the equipment. The property owner will be responsible to remove any obstructions at their expense or, if not available to remove the obstructions, the City will remove the obstructions at the expense of the property owner. XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY AND NOTICE 1. CITY LIABILITY. The City does not guarantee continuous and uninterrupted electric service and shall not be liable for any loss, cost, damage or expense to any customer occasioned by any interruption, phase reversal or phase loss if due to any cause beyond the reasonable control of the City. 2. CITY LIABILITY LIMITED. The City shall not be liable for damages resulting from the presence of electric energy on the customer's premises, or from the use of the City electric service by the customer. 3. CUSTOMER LIABLE FOR ELECTRIC WIRE AND APPLIANCE DAMAGE TO PERSONS AND PROPERTY. The City assumes no responsibility for any damage done by, or resulting from, any defect in the electric wiring, apparatus, fixtures or appliances of the customer. In the event that any loss or damage to City property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, their agents or employees, the cost of the necessary repairs to, or replacement of City property shall be paid by the customer to the City and any liability otherwise resulting shall be assumed by the customer. 2.4. NOTICE OF TROUBLE. The customer shall promptly notify the City of any defect in electric service or of any trouble or irregularity to the electric supply. This can be done by contacting Ccustomer Service at (302) 736-7035 or System Operations at (302) 736-7086, option 30. Contact System Operations for any interruptions in service occurring after normal customer Service business hours. 3.5. PRE-ARRANGED INTERRUPTION OF SERVICE. Whenever electric service is interrupted for work on lines or equipment, the work shall be done, as far as practicable, at a time that shall cause the least inconvenience to the customer. The customer to be affected by the interruption shall, if practicable, be notified in advance. If customers are unresponsive to attempts to schedule required outages, the City will proceed with the work at its convenience. 6. CAUSING ELECTRIC FLUCTUATIONS PROHIBITED; REMEDIES. Electric service shall not be used by the customer in a manner which shall cause unusual fluctuations or disturbances in the City's electric supply system. Should fluctuation or disturbance be caused by the customer, the City may discontinue the electric service and require the customer to modify the installation or install approved controlling devices, or both. - 16 - 30

Exhibit A Item 1. 7. DUTY TO REPAIR OR REMOVE COMMUNICATION INTERFERENCE DEVICE. It shall be unlawful and a nuisance for any person to operate any motor or other electrical device which shall cause interference with communication reception more than ten (10) days after receiving notice from the City Manger, or designee, of the interference. 4.8. RESALE OF ELECTRICITY PROHIBITED. The customer shall not directly or indirectly sell, sublet, assigned or otherwise dispose of any electric energy without the written consent of the City Manager or designee. Purchase of electric energy in bulk for use by tenants located on the customer's property, when the energy cost is included in the normal rental charge or occupancy of the premises, shall not be considered resale. 5.9. ELECTRIC USE LIMITED TO CONTRACT PLACE AND PURPOSE. The City's electric service shall not be used for any purpose or in any place other than that stipulated in the customer's contract for electric service, except as written consent of the City Manager, Electric Director or designee. 6.1. CAUSING ELECTRIC FLUCTUATIONS PROHIBITED; REMEDIES. Electric service shall not be used by the customer in a manner which shall cause unusual fluctuations or disturbances in the City's electric supply system. Should fluctuation or disturbance be caused by the customer, the City may discontinue the electric service and require the customer to modify the installation or install approved controlling devices, or both. 7.1. DUTY TO REPAIR OR REMOVE COMMUNICATION INTERFERENCE DEVICE. It shall be unlawful and a nuisance for any person to operate any motor or other electrical device which shall cause interference with communication reception more than ten (10) days after receiving notice from the City Manger, or designee, of the interference. 8.1. CUSTOMER LIABLE FOR ELECTRIC WIRE AND APPLIANCE DAMAGE TO PERSONS AND PROPERTY. The City assumes no responsibility for any damage done by, or resulting from, any defect in the electric wiring, apparatus, fixtures or appliances of the customer. In the event that any loss or damage to City property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, their agents or employees, the cost of the necessary repairs to or replacement of City property shall be paid by the customer to the City any liability otherwise resulting shall be assumed by the customer. 9.1. CITY LIABILITY LIMITED. The City shall not be liable for damages resulting from the presence of electric energy on the customer's premises, or from the use of the City electric service by the customer. XV. CITY'S RIGHT TO DISCONTINUE ELECTRIC SERVICE AND NOTICES 1. The City reserves the right to discontinue electric service without notice for the following reasons: a. Without Notice. The City may discontinue electric service without notice for the following reasons: i. a. Supply Emergency. For regional or local shortages or interruptions in the City's source of electric supply or in other cases of emergency. ii. b. Unsafe Conditions. Whenever an unsafe condition is found to exist on the customer's premise that is related to or would be affected by the presence of electric energy. 1. Fraud or Abuse. To protect the City from fraud or abuse. - 17 - 31

Exhibit A Item 1. 2. Canceled Electric Contracts. Upon the cancellation of electric service agreements. 3. Overloading conditions of the City owned transmission/distribution network or other emergencies. b. With Notice for Failure to Repair, Violation of Article, or Non-payment. The City may discontinue service to a customer upon a determination by the City Manager, or designee, that the Notice of Termination is correct or that the customer has waived his right to dispute the Notice of Termination for the following reasons. i. Failure to Repair. Failure to repair conditions having a detrimental effect on the City electric service system or safety of the customer or public. ii. Violation of Article. For violation or noncompliance with this Electric service handbook, Federal, State, or Local rules and regulations, the appropriate service classification, or an electric service contract. iii. Non-payment. The City may discontinue service to a customer for nonpayment of electric bill upon a determination by the City Manager, or designee, following the regulation as adopted by the City which may follow the guidelines as adopted by the Public Service commission of the State of Delaware. XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 1. If, by reason of any act, neglect or default of a customer, the City's electric service is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered into, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract. XVII. RELOCATION OF ELECTRIC FACILITIES 1. Any alterations, changes or relocations of the City-owned electric facilities, when requested by the customer, shall be made by the City and the cost paid by the customer and their participation may be required. 1.2. In the event the City shall be required by any Public Authority, or at the City’s discretion, to place underground or relocate any portion of the City's facilities, the City at their expense shall make the necessary changes in the location of the point of delivery. XVIII. RIGHT TO REMOVE CITY'S EQUIPMENT 1. All meters, instrument transformers or other service equipment supplied by the City shall remain its exclusive property. The City shall have the right to remove all its property from the premises of the customer at any time after the termination of service, regardless of the reason for such termination. XIX. CITY'S RIGHT TO INSPECT 1. The City shall have the right, but shall not be obliged, to inspect any installation before electricity is provided or at any later time. The City reserves the right to reject any wiring or appliances not in accordance with the City's standard requirements; but such inspection, or failure to inspect, or to reject, shall not render the City liable or responsible for - 18 - 32

Exhibit A Item 1. any loss or damage, resulting from defects in the installation, wiring, or appliances, or from violation of City Rules, or from accidents which may occur at the customer premises. XX. DEFECTIVE INSTALLATIONS 1. If at any time the wiring, fixtures or appliances of the customer are found to be defective or dangerous by a City Representative, service may be refused or discontinued until the customer has the condition corrected. The City's undertaking extends only to the supply of service at the point of delivery. If a private electrician determines the wiring in the structure to be unsafe and they notify the Electric Department, service will be disconnected until repairs are made at the account holder’s expense until a valid electrical inspection is completed and a copy is provided to the City. XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER, STRUCTURAL OR SIMILAR INCIDENT 1. When a meter has been removed from a service by the fire department, first responder, or other authorized parties, the owner must provide an electrical inspection from a State of Delaware electrical inspection agency stating that the service is acceptable for use before the City will reconnect the service. For services outside the City limits, approval to reconnect must also be gained by the appropriate Fire Chief. - 19 - 33

Exhibit A Item 1. SECTION 2 ELECTRIC METERS 1. All electric meters are owned, installed and maintained by the City of DoverCity. Only City installed sealing/locking devices may be used to secure meter sockets, metering cabinets, transformers, or any City owned equipment. In no case, will a locking device be installed by the customer to prevent access to meter sockets or City owned equipment. The use of jumpers by the customer in the meter socket is forbidden. Unauthorized modification of metering equipment shall result in the issuance of tampering charges to the account holder. I. CITY RESPONSIBILITY 1. The City is responsible for the supply of a kilowatt hour/kvar/kw meter (as determined by the City), all associated instrument metering equipment, and determining the location of said the equipment. II. CUSTOMER RESPONSIBILITY 1. The customer will be responsible for all wire ways, weather heads, disconnects, entrance cable, conductors, meter sockets, enclosures, connectors, conduits and all associated equipment. a. On overhead installations the customer is responsible up to and including the service wire attachment (City’s service) weather head, service cable, meter socket, and all associated equipment. b. On underground installations the customer is responsibleve for the conduit, terminal adapter, locknut, bushing, meter socket, and all associated equipment required by COD representative. c. The customer must allow access to any City employee, or representative, at any and all times, refer to Section XIII, page 12. Lack of access to the meter or the metering equipment may result in the termination of service until access is granted or allowed. d. Before any meter can be set at a new or existing location, an address must be displayed at said location. e. It is the customers responsibility to ensure all the requirements in the ELECTRIC METERS section are completed before requesting the service to be energized. Multiple visits due to incomplete requirements may result in a service charge. III. ELECTRIC SERVICE CONTRACT 1. A service contract is required in order to receive electric service from the City. An application form must be completed and approved to engage in a contract for service. A service contract is required in order to receive electric service from the City. This Handbook and any Rules and Regulations adopted by the City shall be part of every contract for electric service and shall govern all classes of service unless otherwise stated by a the service classification in the Rates & Tariffs Handbook. - 20 - 34

Exhibit A Item 1. IV. METER LOCATION 1. ALL METER LOCATIONS MUST BE PRE-APPROVED BY THE CITY. The preferred location (the City reserves the final determination) for new meter installations will be on the outside of the building and will be at a point that is accessible at all times and kept free of obstructions, refer to Section XIII, page 12. MThe meter must be located on the individual’s property and the installation must comply with the N.E.C. Older metering installations that are inside a building or enclosure must be in a clean, well lit, safe, unobstructed location free from vibration, the locations shall be accessible from the outside for meter reading, meter testing, maintenance, and inspection purposes. If the access point is kept locked then, codes, combinations or a minimum of two (2) keys to locks must be provided at the customer’s expense (one for the Metering Department division and one for the Meter Reading divisionDepartment). ALL METER LOCATIONS MUST BE APPROVED BY THE CITY. V. METER SOCKET REQUIREMENTS 1. All meter sockets will accept blade type meters; bolted type meter sockets are not acceptable. In all cases the meter socket and required metering equipment will be supplied by the applicant 2. Sockets must be installed so that the top of the meter will not be more than six (6) feet nor less than four (4) feet above the finished grade. It will be the responsibility of the contractor/owner to determine finished grade. A minimum horizontal clearance of three (3) feet, a vertical clearance of eight (8) feet and a minimum depth of three (3) feet will be provided in front of the meter socket/enclosure., In and in no case will the clearances be less than required to fully open doors/covers of meter sockets and/or instrument cabinets. 3. In cases of Ggroup Mmetering, the contractor will supply multiple meter socket devices in any combination. However, they must be installed so that the height of the lowest meter centerline cannot be less than 40” and the highest meter centerline cannot be higher than 72”six (6) feet above final grade. The multi- meter devices will be at a location and of a specified type approved by the City Metering Division. The contractor will install the meter mounting devices and underground conduits, or overhead mast if applicable. If access to the base of the metering unit is restricted because of concrete or other covering material, the conduit will be extended to a point outside the covering material at no expense to the City. Individual meters will be clearly labeled with a weather proof permanent decal. Group metering having services greater than 400-amp self-contained sockets (Class 320) must have a means of disconnect for each individual service. If a House Meter is part of Group Metering, it must contain a lever type bypass. 4. The meter socket for Residential service metering socketss will be placed on the side of the house that is nearest to the City supply point. The meter socket will be placed on the front or on the side of the house within ten (10) feet of the front corner of the house. Multi-dwelling homes with individual property ownership shall have the meter installed on the customer’s property. When home structure design does not allow for electrical facilities to comply with NEC requirements, individual meter sockets on pedestals’ may be acceptable with; prior approval from the Electric Engineering DepartmentEngineering division is required. These meter sockets will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without any additional materials other than the meter. - 21 - 35

Exhibit A Item 1. Replacement of the meter socket is required if the locking mechanism or if the meter socket is no longer functional or safe. 5. The meter socket for Small and Medium Commercial service metering socketss, service size up to 400 amp400-amp Wye - 400 amp400-amp Delta, single phase or three phase, will be located on an outside wall agreeable to the City and the customer. These meter sockets must have a minimum Class 200 (200 amp service and below) or Class 320 (200 amp to 400 amp service) and must contain a lever type bypass and will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without any additional materials other than the meter. Replacement of the meter socket is required if the locking mechanism or if the meter socket is no longer functional or safe. 6. For Large Commercial service metering socketss, greater than 400-amp Wye - 400-amp Delta, single phase or three phase, require a CT metering installation is required. The City will supply all metering equipment (CT’s, meter socket, CT cabinet, metering conductor conduit) and the customers will be responsible for this expense. If the metering installation is mounted on the building, the customer will be responsible for the mounting of the meter socket(s), CT cabinet, and installation of any necessary meter conductor conduit will have a disconnect installed at a point before the C.T. Cabinet. An overhead installation may be mounted on a pole located at or near the property line and the City will install all the metering equipment at this point. Metering equipment for underground services will be installed either on the building, on the transformer, or other City approved locations. If C.T. Metering is installed on the transformer, a disconnect must be installed at point before entering structure. 7. On Primary Metering services, single phase or three phase, the City will provide and install the meter socket and the customer will be responsible for this expense. 2.8. Meter sockets / equipment shall not have any other utilities name or contact information displayed. Decals with such information will need to be removed before a meter is set. On any existing service where any type of changes are being made to the building, such as but not limited to, renovations, building additions, or a service upgrade or downgrade and if the metering is currently located inside the building, it must be moved to a point outside the building if physically possible. If any type of construction will be erected, concreted, or paved that would enclose or somehow block access to the meter, the meter must be relocated to an accessible location. VI. 480 VOLT SPECIFICATIONS 1. Due to safety concerns, all new or existing services reassigned to the City for maintenance, will have a disconnect installed at a point before the meter socket or CT Cabinet. If the service is customer owned and there is no disconnecting means to ensure the safety of personnel, an outage must be scheduled to perform work on the meter. It is the owner/customer/ electricianselectrician’s responsibility to schedule/coordinate the outage with the customers and with the City. The City requests 24 hours notice when possible to assist with the outage. A disconnect must then be installed before the service is re-energized. VII. METER SOCKET MOUNTING - 22 - 36

Exhibit A Item 1. 1. It is necessary that the meter socket is carefully and rigidly attached to the customer’s structure or building also ensuring that it is plumb and level. For safety reasons, this attachment must be maintained by the customer. It is the customer’s responsibility to keep the meter socket firmly attached to the mounting surface and if it is not then the customer will coordinate the repair at their expense in a proper time frame or service may be disconnect until repairs are made. 1.2. Refer to Drawings M1 and M2 for illustrations referencing meter socket placement. VIII. METER AND METER SOCKET ACCESSIBILITY 1. This location will not be inhibited by any type of foliage, trash, wood, or other materials. See Section 1, paragraph XIII, page 12 for access requirements"METER SOCKET REQUIREMENTS" for clearances for City equipment. IX. METER SOCKET IDENTIFICATION 1. Any building that has more than one meter or pedestal with multiple sockets, the customer/contractor must identify the individual meter sockets. If an existing meter is removed for any reason and the meter socket requires identification, the meter will not be reinstalled until the socket is properly labeled. A weatherproof decal / label type permanent marking must be made both on the inside and outside of the meter socket. A magic marker, piece of tape, sticky notes, pencil marking, etc. are not acceptable for identification. Examples of identifications are as follows: Apt. A, Apt. B, Apt. C; Unit 1, Unit 2, Unit 3; 101, 102, 103; upstairs, downstairs. Meters will not be set unless the permanent marking has been done. It is not the City’s obligation or responsibility to confirm this marking. The City will decide if the markings on the meters are deemed acceptable. It is not the City’s obligation or responsibility to confirm this marking is what it is labeled as. Refer to drawings M1 and M2 in Appendix 1 that illustrates proper placement of meters with measurements and decal & labeling placements. X. METER TAMPERING 1. TAMPERING WITH CITY ELECTRIC EQUIPMENT PROHIBITED; LIABILITY. a. Tampering Prohibited. – It is unlawful for any person except a duly authorized representative of the City to make any temporary or permanent connection or disconnection between the electric service load and the City’s distribution system. Additionally, it is unlawful to set, change, remove, tamper, or interfere with or make any modifications to the City’s meter. The City is not liable for any injury or damage as a result of this unlawful activity. b. Customer's Liability for Tampering – In the event that the City's meters or other property are tampered or interfered with, the customer receiving service through that equipment shall pay the amount which the City estimates is due for electric service, but not registered on the City's meter, for any repairs or replacements required, and for changes in the customer's installation that the City may require. See the City of Dover website for a full list of possible monetary fines. - 23 - 37

Exhibit A Item 1. c. The City may file Criminal or Civil charges against the responsible party and the customer may beis subject to arrest for tampering and/or theft of service. Before the service can be re-energized, all repairs must be made with inspections obtained and full payment for all monies owed the City must be made, including any additional security deposits that may be required. In cases where it cannot be determined who was being supplied, the owner of the property may be held responsible for the tampering/theft. a.d. In some instances, the meter seal and customer service entrance equipment may be disconnected only by licensed electrical contractors and only with prior approval from the city by calling 302-736-7070. If approval is not previously obtained, the established service charge will be charged to the contractor for cutting the meter seal and entering the service equipment without permission. Any additional instances may result in loss of City licensing and/or arrest for tampering. XI. INACTIVE METERS/METERS REMOVED FOR CAUSE 1. Meters will be removed after being inactive for six (6) months. All services that have been de-energized for more than six months will be inspected by a State of Delaware recognized electrical inspection agency prior to re-energizing. XII. TERMINATION WITH NOTICE 1. When a condition is discovered by the City that is in violation of the articles contained in this Handbook, the customer will be notified in writing allowing him/her a reasonable amount of time to correct the condition. Some, but not all, of these conditions can include a loose meter socket, a rusted meter socket, an unattached entrance cable, nonfunctional locking mechanism, or any condition that exists whereby the customer can safely receive electric service. XIII. TERMINATION WITHOUT NOTICE 1. When a condition is discovered by the City that in its opinion is unsafe/hazardous to people or property, electric service will be terminated without prior notice until the hazard is corrected. Examples of these hazards can include: a broken or cracked lug in the meter socket, evidence of arcing, frayed wiring or damage to electrical apparatus owned by the customer. XIV. METER TESTING 1. Should a customer desire to have their meter tested and the meter is found to be correct within established tolerance as identified in this Handbook, the customer will be charged the established service fee. XV. METER ADJUSTMENTS 1. A billing adjustment will be made when any of the following condition(s) exists: a. A meter is tested and found to be in excess of four (4) percent fast/slow i. A meter that tests fast – the City will either credit or refund the customer any amount equal to the excess kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the - 24 - 38

Exhibit A Item 1. estimated kWh overcharged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In cases of a demand meter, kW will be adjusted in the same manner. ii. For a meter that tests slow – the customer may be charged any amount equal to the under-registered kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the estimated kWh under-charged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In cases of a demand meter, kW will be adjusted in the same manner. b. Stopped/jammed meter – for stopped meters, jammed registers or non-functioning electronic meters, the customer’s consumption will be estimated based on the customer’s usage during similar periods. The estimate will cover only the period subsequent to the last recorded meter consumption. c. Meter tampering and/or theft of service – the usage will be based on the recorded registration of the meter if it is determined that all illegal usage went through the meter. If the usage was not recorded through the meter, the usage will be estimated based on the consumption during similar periods. In cases that only part of the kWh usage passed through the meter, both metered and estimated usages will be used to calculate the total kWh. d. Unauthorized overload – usages for unauthorized overloads will be for kWh/kW calculated on the equipment connected to the service. The cost of any City equipment damaged and personnel expenses to repair the installation will be billed to the customer. An additional charge may be assessed to upgrade the installation. e. Inactive phase(s) polyphase meter – when a polyphase meter has been operating with an inactive element(s), failures that could be caused from lightning, failure, tampering, unauthorized overload, or other type damage, and has not registered the full consumption for any or all kWh/kVarh/kW, the City will estimate the usage for the unregistered energy. Back billing will be for a period not to exceed the three (3) previous monthly billing cycles unless the time at which the error first developed or occurred can be definitely identified. In this case, the estimated kWh/kVarh/kW undercharge will be based on that date but will in no case be retroactive beyond a twelve (12) month period unless the point of failure outside the twelve (12) month period can be clearly identified. XVI. CHANGE OF INSTALLATION 1. The customer will give immediate written notice to the City of any proposed substantial increase or decrease in, or change of purpose or location of the customer’s installation. The service connection, transformers, meters, and equipment supplied by the City for each customer have has a maximum capacity and no additions to the equipment or load connected will be permitted except by with the written consent of the City. Failure to give notice to additions or changes in load or location will render the customer liable for any damage to the City’s equipment. XVII. FEES/CHARGES 1. Bills Primary fees and charges associated with extensions and connections are due in full upon receipt unless other payment arrangements have been made with customer Service. Connection to City service will not occur until payments have been made. - 25 - 39

Exhibit A Item 1. XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY 1. The City Manager, Building Inspectors, City employees, or their authorized representatives, shall have access at all times to the customer electric facilities for the purpose of inspecting, removing, repairing or changing any City property situated therein. XIX. RIGHT TO REMOVE CITY’S EQUIPMENT 1. All electrical equipment maintained by the City will remain its exclusive property. The City shall have the right to remove all its property from the premises of the customer at any time after the termination of service regardless of the reason for the termination. - 26 - 40

Exhibit A Item 1. SECTION 3 TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS OF CUSTOMER OWNED GENERATION OF 500 KILOWATTS OR LESS AND INTERCONNECTED WITH THE CITY OF DOVER DELIVERY SYSTEM Technical Considerations Covering Parallel Operations of Customer Owned Generation Of 500 Kilowatts or Less And Interconnected with the City of Dover System Effective November 15, 2011 Technical Considerations Covering Parallel Operations Of Customer Owned Generation of 500 Kilowatts or less and Interconnected with the City of Dover Delivery System - 27 - 41

Exhibit A Item 1. 1. Prerequisite – The customer must be in compliance with the tariff rules and regulations and the applicable tariff classification and rates. The terms and conditions contained herein are in addition to, but do not modify nor negate, the terms of the tariff. I. PURPOSE – 1. This section was developed to clearly state the terms and conditions that govern the interconnection and parallel operation of on-site distributed generation, in order to: a. Establish technical requirements which will promote the safe and reliable parallel operation of distributed generation resources; b. Enhance the reliability of electric service; c. Ffacilitate the implementation and use of distributed resources technologies; d. Enhance economic efficiency in the production and consumption of electricity and other energy; and e. Promote the use of distributed resources in order to provide electric system benefits during periods of capacity constraint. II. APPLICABILITY - 1. Unless otherwise provided, these guidelines apply to all customer generation operating below 501 kilowatts which is interconnected at 12.47kV or below and operated in parallel with the City’s power delivery system. III. Definitions Account – An account is one metered or un-metered rate or service classification which normally has one electric delivery point of service. Each account shall have only one electric service supplier providing full electric supply requirements for that account. A premises may have more than one account. Company – City of Dover Customer – Any adult person, partnership, association, corporation, or other entity: (i) in whose name a service account is listed, (ii) who occupies or is the ratepayer for a premises, building, structure, etc., and (iii) who is primarily responsible for payment of bills. A customer includes anyone taking Delivery Service or combined Electric Supply & Delivery Service from the Company under one service classification for one account, premises or site. Multiple premises or sites under the same name are considered multiple Customers. Distributed Generation or On-Site Distributed Generation – An electrical generating unit of less than or equal to 500 kW which may be connected in parallel operation to the Company’s system. Generator Owner – The owner of the generating system that is interconnected to the Company. Grid – The interconnected arrangement of lines and transformers that make up the Company’s electric power system. - 28 - 42

Exhibit A Item 1. IEEE Standard 929 – IEEE Standard entitled Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, P929 Draft 11, dated July, 1999, or subsequent approved revision thereof. Interconnection – the physical connection of distributed generation to the Company’s system in accordance with these guidelines so that parallel operation can occur. Interconnection Application – The standard form of application which must be submitted by the Generation Owner to the Company for permission to interconnect with the Company system. The approved Interconnection Application sets forth the contractual conditions under which the Company and Generator Owner agree that one or more generating units whose aggregate generation at the Point of Common Coupling is less than or equal to 500 kW may be interconnected at 34.5 kV or less with the Company’s system. Inverter – A static power converter with control, protection and filtering functions that converts Direct Current input to Alternating Current output. Inverters must be of the non-islanding type. Island – A portion of the utility system which contains both load and distributed generation and is isolated from the remainder of the utility system. Parallel Operation – Any electrical connection between the Company’s system and the Generator Owner’s generating source. Point of Common Coupling – The point where the electrical conductors of the Company system are connected to the Customer’s conductors and where any transfer of electric power between the Generator Owner and the Company System takes place (such as switchgear near the meter). Pre-Approved Equipment – Specific generating and protective equipment system or systems that have been approved by the Company as meeting the applicable parts of this document. Pre-Interconnection Study – A study or studies which may be undertaken by the Company in response to its receipt of a completed application for parallel operation with the Company’s system submitted on the Interconnected Application form prescribed by these guidelines. Pre-Interconnection Studies may include, but are not limited to service studies, coordination studies and facilities impact studies. Qualifying Facility (QF) – An electric generation facility which is a qualifying facility under Subpart B, Section 201 of the Federal Energy Regulatory Commission’s regulations per the Public Utility Regulatory Policies Act of 1978. Stabilized – The Company’s system following a disturbance which returns to the normal range of voltage and frequency for at least 5 minutes or longer as coordinated with the Company. The Company may require a longer period upon a reasonable showing that the reconnection after 5 minutes will adversely affect the safety and reliability of the electric system. Unit – A distributed generation facility. Utility System or Electric Distribution Facility – Company’s distribution system operating at 34.5 kilovolts or below to which the generation equipment is interconnected. - 29 - 43

Exhibit A Item 1. IV. INTERCONNECTION APPLICATION 1. – A proposed Generator Owner will make a formal application to the CompanyCity for the interconnection of a generator to the CompanyCity system. The application will be made on an Application Form provided by the CompanyCity. 2. The steps to gain approval for an interconnection are as follows: a. Verification of consumption history of customer applying to ensure the system size does not exceed limits. i. The customer may obtain 12 months of billing on the City of Dover Customer Service website and the other 12 months of data can be obtained by contacting the appropriate point of contact on the Interconnection Application form ii. If the consumption history request is coming from a third party organization then a City of Dover Release form signed by the account owner must be provided. b. Submit the following to the appropriate point of contact for Permission to Install: i. Interconnection Application signed by applicant and to the POCs listed on page 4 of the application. ii. One-line diagram showing disconnect by electric meter iii. Specifications sheet for solar panels iv. Specifications sheet for inverter v. Yearly estimation of PV Watts produced based on system design/location vi. Copy of executed contract c. Once installed please provide the following for Permission to Operate: i. City of Dover Generator Interconnection Application, Single Meter Application Part II signed by applicant and Electrical Inspector (if no inspection certificate is available) and send to the POCs listed on page 9 of the application. i.ii. Copy of electrical inspection (unless form signed by Electrical Inspector) V. DESIGNATION OF CompanyCITY CONTACT PERSONS FOR MATTERS RELATING TO DISTRIBUTED GENERATION INTERCONNECTION – 1. The CompanyCity’s Electric Engineering DepartmentEngineering division will be the designated point of contact for all matters related to interconnected generation. The CompanyCity will maintain records concerning applications received for interconnection and parallel operation of distributed generation. Such records will include the date of receipt of each such application, documents generated in the course ofwhile processing such applications, correspondence regarding such applications and the final disposition of such application. Refer to the current Interconnection Application for where to send applications. VI. PRE-INTERCONNECTION STUDIES 1. – In many instances the CompanyCity will wish to conduct a service study, coordination study, or facilities impact study prior to interconnection of a distributed generation unit. In instances where such studies are deemed necessary the scope of such studies shall be based on the characteristics of the distributed generation unit to be interconnected and the proposed point of interconnection. - 30 - 44

Exhibit A Item 1. a. Completion of Pre-interconnectionInterconnection Study – Upon completion of the interconnection study, the CompanyCity will notify the Generator Owner that his application has been approved or denied, if denied sufficient details will be provided on why the application cannot be approved. In no event shall the interconnection study take longer than 4 weeks to complete (after receipt of signed customer application and customer submittal of all required data). b. Pre-interconnection Study Fee – The CompanyCity will do a pre-interconnection study without charge for the typical and customary installation. If the cost to the CompanyCity is expected to exceed this typical and customary amount, or if multiple submittals by the Generator Owner are necessary, the CompanyCity will advise the Generator Owner of the expected cost of such study work by the CompanyCity before such work begins. The Generator Owner will be responsible for payment of all costs above the typical and customary amount. VII. NETWORK INTERCONNECTION OF DISTRIBUTED GENERATION 1. – Where generation is to be connected to a network system and capable of exporting power to the Grid, the interconnection study may result in more stringent interconnection requirements. This would be applicable to larger systems in Farm or Commercial applications. VIII. PRE-APPROVAL OF GENERATION UNITS, DEVICES AND SYSTEMS 1. – Upon approval by the CompanyCity that certain generating unit’s protective devices and/or system(s) meet the standards set out in these guidelines, such approval shall be made available to the appropriate manufacturer upon written request. For subsequent applications using some or all of the identical generating unit’s protective devices and/or systems, the manufacturer may submit a copy of the approval with the application as proof that its equipment has already been approved for use on the CompanyCity’s system. Use of pre-approved equipment will not eliminate any applicable requirement for a pre-interconnection study to determine the suitability of the equipment for each application, given the unique arrangements and characteristics of both the Generator Owner and CompanyCity systems at the point of the interconnection. IX. CONNECTION APPROVAL – 1. The Generator Owner can connect their generation to the CompanyCity system only after the Interconnection Application has been approved and the Generation Owner has received approval notification. The CompanyCity will provide notification within four weeks after the receipt of the Interconnection Application and all required data. Once Permission to Operate is provided, the customer may operate the system. Activation of the system prior to receiving the Permission to Operate may result in double charging of the customer for electricity due to the meter not being able to determine bi-directional flow. Any additional charges resulting from this early operation will not be reimbursable to the customer. X. INTERCONNECTED GENERATION SITE WARNING LABEL - 31 - 45

Exhibit A Item 1. 1. – The Generator Owner will install a warning label in a conspicuous place on their electric meter or meter box to notify the CompanyCity personnel that there is a generator source installed on the load side of the meter. The warning label shall not be placed in a location that would not interfere with the ability of CompanyCity personnel to read the electric meter. The CompanyCity will provide theinstall a warning label onto the Generator Owner’s equipment. The warning label must be placed before the generation can be interconnected.requestor will receive the Permission to Operate. XI. DISCONNECTION AND RECONNECTION 1. The CompanyCity may disconnect a distributed generation unit under the following conditions: a. Application Termination – Upon termination of the approved Interconnection Application. b. Non Compliance – For non-compliance with the technical guidelines specified in this document or other requirements contained in the applicable Customer Tariff, provided that the CompanyCity has given notice to the Generator Owner and provided the Generator Owner reasonable time (consistent with the condition) to correct such non-compliance. The CompanyCity will reconnect the unit only upon receipt of certification from the Generator Owner and verification by the CompanyCity that the unit is in compliance. The CompanyCity will provide verification within a reasonable time period. c. In Case of a system emergency outage of the CompanyCity’s Primary Electrical Sources – The Generator Owner’s generation equipment must be installed and configured so that parallel operation must automatically cease immediately and automatically during outages or loss of the CompanyCity’s electric source in accordance with these guidelines. The Generation Owner must also cease parallel operation upon notification by the CompanyCity of a system emergency, abnormal condition or in cases where such operation is determined to be unsafe, interferes with the supply of service to other customers or interferes with the CompanyCity’s system maintenance or operation. In addition, the CompanyCity may disconnect the generator from the system for system emergencies without notice. However, the CompanyCity will use reasonable efforts to notify the Generation Owner prior to disconnecting. d. For Routine Maintenance and Repairs – The CompanyCity may disconnect a Customer/Generation Owner for routine maintenance and repairs on the CompanyCity’s system consistent with applicable tariffs and agreements. The CompanyCity will make reasonable efforts to provide advance notice to the Customer/Generation Owner of service interruptions resulting from routine maintenance. The CompanyCity will reconnect the Customer/Generation Owner as quickly as possible under reasonable operations constraints following any such service interruption. XII. TERMINATION 1. – The Generation Owner may terminate the approved Interconnection Application at any time upon thirty (30) days of providing written notice to the CompanyCity. The CompanyCity may terminate the Interconnection Application for cause after 60 days written notice to the Generator Owner of a material violation of the terms of the approved Interconnection Application and after the Generator Owner has had a reasonable opportunity to remedy the violation. The Generator Owner must give the CompanyCity notice that it intends to permanently shut down his generation. - 32 - 46

Exhibit A Item 1. XIII. PRIVILEGED COMMUNICATIONS CONCERNING PROPOSED DISTRIBUTED GENERATION PROJECTS 1. In the course of processing applications for parallel operation and in the conduct of pre-interconnection studies, the Generation Owner shall provide the City with detailed information concerning the proposed distributed generation project. The City shall not use such knowledge of proposed distributed generator projects submitted to it for review to prepare competing proposals to the Generator Owner whereby the City, or its affiliate, offers either discounted rates in return for not installing the distributed generation, or offers competing distributed generation projects. Release of the consumption history to the solar installer will require the completion of the City of Dover Release Form that can be find on the City of Dover Website. XIV. TECHNICAL GUIDELINES FOR PARALLEL OPERATION OF ON-SITE DISTRIBUTED GENERATION UNITS 1. – This subsection describes minimum requirements and procedures for safe and effective connection and operation of distributed generation. A Generator Owner may operate 60 Hertz, three phase or single phase generating equipment, whether a QF or non-QF, in parallel with the CompanyCity’s system pursuant to an approved Interconnection Application provided that the equipment and Generator Owner meet or exceed the requirements of these guidelines and that the CompanyCity has approved the Generator Owner’s application to interconnect. This subsection describes typical interconnection requirements. Certain specific interconnection locations and conditions may require the installation of additional protective hardware or special protection settings, especially when exporting power to the system. If the CompanyCity excludes that an application for parallel operation requires additional protective hardware or special protection settings, the CompanyCity shall make those requirements known to the Generator Owner within 14 days after all pertinent studies are completed. 2. Approval to connect to the CompanyCity system indicates only that the minimum requirements for a safe proper interconnection have been satisfied. Such approval does not imply that the Generator Owner’s facility meets all federal, state and local standards or regulations. a. General Interconnection and Protection Requirements. i. The Generator Owner’s generation and interconnection installation must meet all applicable national, state, and local construction and safety codes. ii. The Generator Owner’s generator shall be equipped with protective hardware and software designed to prevent the generator from energizing one of the CompanyCity’s de-energized circuits. The Generator Owner’s generator must automatically disconnect from the CompanyCity’s system if the Grid source is lost, irrespectively of connect loads or other generators. iii. The generator shall be equipped with the necessary protective hardware and software designed to prevent sustained parallel operation of the generating equipment with the CompanyCity’s system unless the system service voltage and frequency are within acceptable magnitudes. as defined in Section XIV.B. - 33 - 47

Exhibit A Item 1. iv. Pre-approved equipment shall be accepted as part of an interconnection proposal without the need to re-review the equipment itself. However, the application, design and setting of pre-approved units and/or equipment must be reviewed and coordinated according to the unique needs of the specific location of the proposed installation. Where a complete unit or system has been pre-approved, only location-specific issues will typically need to be reviewed. v. The Generator Owner will be responsible for protecting its own generating and interconnection equipment in such a manner so that CompanyCity system outages, short circuits, single phasing conditions or other disturbances including zero sequence currents and ferroresonant over-voltages do not damage the Generator Owner’s generating equipment. The protective equipment shall also prevent excessive or unnecessary tripping that would adversely affect the CompanyCity’s service reliability to other Generator Owners and Customers. vi. The generator and interface protection schemes shall be continuously monitored and functioning and the generator shall immediately disconnect from the CompanyCity’s system for any condition that would make the protection scheme inoperable. vii. The operating power required for the protection and control schemes for the generator and the control power used to disconnect the generator from the CompanyCity must not be dependent on local CompanyCity grid power. viii. Where multiple generators are connected to the system through a single point of common coupling, the sum of the ratings of the generators will be used to determine the applicability of these guidelines. Protection scheme performance with one or more units off line will have to be considered. ix. Applicable circuit breakers or other interrupting devices at the Generator Owner’s facility must be capable of interrupting the maximum available local utility CompanyCity fault current at the site, including any contribution from the Owner’s generator(s). x. The Generator Owner will furnish and install a manual disconnect device which, when opened, will have the effect of isolating the generator from the CompanyCity’s system. The disconnect device shall have a visible break (a disconnect switch, a draw-out circuit breaker, fuse block, etc. as appropriate to the voltage level), will at all times be accessible to the CompanyCity’s personnel, and shall be capable of being locked in the open position via a CompanyCity padlock. The CompanyCity shall use reasonable efforts to utilize padlocks of a size consistent with typical manufacture’s specifications. The Generator Owner shall follow the CompanyCity’s switching, clearance and tagging procedures which the CompanyCity shall provide and attach the Warning Label noted in Section X. xi. The design, procurement, installation, and maintenance of the equipment at the Generator Owner’s site are the responsibility of the Generator Owner and at the Generator Owner’s expense. xii. Any necessary enhancements or improvements needed within the CompanyCity’s system and/or at the customer’s site(s) to accommodate the parallel interconnection of the Generator Owner’s generation will be at the Generator Owner’s expense. - 34 - 48

Exhibit A Item 1. xiii. The Generator Owner has full responsibility and liability for the safe and proper operation of their equipment and the power originating from their generator. The Generator Owner is also responsible for synchronizing their generator(s) with the CompanyCity’s system and maintaining synchronous operation. xiv. The Generator Owner must immediately cease parallel operation upon notification by the CompanyCity if such operation is determined to be unsafe, interferes with the supply of service to other customers, or interferes with the CompanyCity’s system maintenance or operation. xv. The CompanyCity reserves the right to specify the type of transformer connection (e.g. delta-delta, wye- delta, wye-wye) that will be employed for all multiphase interface transformers consistent, where reasonable, with the Generator Owner’s power system. b. Prevention of Generator Owner Generation Interference with CompanyCity System. i. To eliminate undesirable interference caused by operation of the Generator Owner’s generating equipment, the Generator Owner’s generator shall meet the following criteria: a) Voltage – The generating equipment will be operated in such a manner that the voltage levels on the CompanyCity’s system are in the same range as if the generating equipment were not connected to the CompanyCity’s system. The Generator Owner shall provide an automatic method of initiating a disconnect sequence of his generating equipment from the CompanyCity system with set points noted in the table below. Generating Systems with Generating Systems with Non-Inverter or Rotating Inverters Up to 50kW Inverters Greater than 50kW Machine Generating Systems - 35 - 49

Exhibit A Item 1. • Trip in 0.1 second for V<50% • Trip in 0.1 Second for • Trip in 0.1 second for • Trip in 2 second for 50%≤V<88% V <50% V < 50% or V ≥115% • Trip in 2 seconds for • Trip within 0.1 to 30 seconds for • Trip within 0.1 to 30 seconds for 106%<V<137% V>110% or 50%≤V<88% • Trip in 0.03 second for 137%≤V V<90% • Trip within 0.1 to 30 seconds for (Above times and voltages (Specific voltage and time delay set 106%<V<137% points will be determined for each taken directly from IEEE 929) installation.) • Trip in 0.03 second for 137%≤V (Specific voltage and time delay set points will be determined for each installation.) Note: Trip time refers to the time between when the abnormal voltage condition occurs and the generator being completely disconnected from the utility CompanyCity. On three phase generator installations, full three phase voltage sensing should be employed. Voltages must be sensed on the high side of any interface transformer if the transformer high voltage winding is ungrounded. The Generator Owner may reconnect to the grid when the system voltage returns to normal range and is stabilized as defined in Section III, Definitions. b) Flicker – The Generator Owner shall not cause excessive voltage flicker on the CompanyCity’s system. This flicker shall not exceed the “Borderline of Irritation” curve, Fig. 10.3, as define in IEEE Std 519- 1992, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems. Lower levels of flicker may be required in areas where equipment such as computers and instrumentation are impacted. c) Frequency – The operating frequency of the generating equipment shall not deviate more than the values noted in the table below. Generating Systems with Generating Systems with Inverters Non-Inverter or Rotating Greater than 50kW Inverters Up to 50kW Machine Generating Systems • Trip in 0.1 second for F<59.3 Hz • Trip in 0.1 second for F<59.3 Hz • Trip in 0.1 second for F<59.3 Hz • Trip in 0.1 second for F>60.5 Hz. • Trip in 0.1 second for F>60.5 Hz. • Trip in 0.1 second for F>60.5 Hz. - 36 - 50

Exhibit A Item 1. (Set points taken from (Other frequency and time delay set(Other frequency and time delay set points may be necessary for a points may be necessary for a IEEE 929 & IEEE 1574) specific installation.) specific installation.) Note: Trip time refers to the time between when the abnormal frequency condition occurs and the generator being completely disconnected from the utility CompanyCity. The Generator Owner may reconnect when the system frequency returns to normal range and is stabilized as defined in Section III, Definitions. d) Harmonics – Non-linear circuit elements such as inverter can produce harmonics. Per IEEE Std 519, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, Table 11.1, the total harmonic distortion (THD) voltage shall not exceed 5% of the fundamental 60 Hz frequency nor 3% of the fundamental for any individual harmonic as measured at the location where the customer interfaces with the CompanyCity’s system (Point of Common Coupling). In addition, the level of harmonic current that the customer is allowed to inject into the CompanyCity’s system shall not exceed that specified in Table 10.3 in IEEE Std 519. Furthermore, any communication notch should be limited as defined by Table 10.2 in IEEE Std 519. The preceding requirements apply to all types of generation systems. e) The Generator Owner is responsible for the installation of any necessary controls or hardware to limit the voltage and current harmonics generated by his equipment to defined levels. f) Power Factor – The generator must not adversely impact the power factor of the Generator Owner site. Most inverters are designed to operate close to unity power factor. The operating power factor of the generator shall be contained within the limits defined in the table below. Generating Systems with Generating Systems with Inverters Non-Inverter or Rotating Greater than 50kW Inverters Up to 50kW Machine Generating Systems 0.95 Lagging or Leading when output0.95 Lagging or Leading 0.95 Lagging or Leading exceeds 10% of inverter rating. When output exceeds 10% (From IEEE 929IEEE 929& IEEE 1574- of inverter rating. 1999) However, to the extent that a Generator Owner’s power factor at the Point of Common Coupling falls below 0.95 lagging as a direct result of the installation of the generating unit(s), the Generator Owner must obtain, install and maintain, at his expense, corrective apparatus that compensates for the drop in power factor caused by the installation of the generator. Penalties will be assessed for power factors that fall below 0.95 lagging or leading. - 37 - 51

Exhibit A Item 1. g) Current – In some cases, directional over-current protection may be required to limit fault current flowing onto the Grid in the event of a line fault. DC inverters that are incapable of producing fault current do not require directional over-current protection. Inverter systems should not inject DC current greater than 0.5% of rated inverter output into the AC interface point under either normal or abnormal conditions. h) Fault and Line Clearing – The Generator Owner shall automatically disconnect from the CompanyCity’s system during electrical faults on the CompanyCity’s electrical system and upon loss of the CompanyCity’s electric source. The Generator Owner may reconnect when the system voltage and frequency return to normal range and is stabilized as defined in Section III, Definitions. Detection of the loss of the CompanyCity’s primary electric system, where the Generator Owner is operating in an island with other customer load, becomes increasingly difficult as the level of distributed generation on a feeder approaches the connected load. For generating units 50kW and below, the over/under voltage and over/under frequency settings described previously along with the anti- islanding provisions of IEEE 929/UL 1746 inverters, should be sufficient to satisfy this provision. i) Automatic Reclosing – The Generator Owner is responsible for protecting his equipment from the effects of switching or automatic reclosing of the CompanyCity’s feeder circuit. The Generator Owner may request the CompanyCity to delay high speed reclosing on the CompanyCity’s feeder to allow the interconnected generator sufficient time to remove itself from an islanding or de-energized feeder prior to automatic reclose. Since delaying the automatic reclose time degrades the level of service provided to other customers on the circuit, the CompanyCity will limit the automatic reclose time delays to a few seconds or less. The Generator Owner may also request that a direct transfer trip scheme be added to remove the interconnected Generator from service prior to automatic reclosing by using communications equipment between the generator site and the CompanyCity. Similarly the Generation Owner may request that a synchronizing check, or reclose blocking scheme be installed on the CompanyCity’s feeder to prevent out of phase reclosing. The Generation Owner is responsible for all costs associated with the installation and maintenance of these requested modifications. j) C. Control, Protection and Safety Equipment Requirements Specific to Generators of 500 kW or less. All Generator Owners 500 kW or less can be single phase. Customer owned generators greater than 10 kW must be evaluated by the CompanyCity to determine if it can be single phase. The following table describes necessary control, protection, and safety equipment specific to generator of 500 kW or less connected to Secondary or Primary Voltage Systems: Generator Size 500 kW or less Over-Current Trip X Over-Voltage Trip X - 38 - 52

Exhibit A Item 1. Under Voltage Trip X Over/Under Frequency Trip X Synchronizing Check2 Manual or Automatic Notes: 1. Exporting to the CompanyCity system many require additional operational/protection devices. 2. For synchronous and other type of generators with stand-alone capability. D. Control, Protection and Safety Requirement Specific to Three Phase Synchronous Generators, Induction Generators, and Inverter Systems. Generators greater than 50 kW must be three phase generators connected to three phase circuits. 1. Three Phase Synchronous Generators. Generator circuit breakers shall be three phase devices with electronic or electromechanical control. The Generation Owner is solely responsible for properly synchronizing his generator with the CompanyCity’s system. For a synchronous generator, the excitation system response ratio shall not be less than 0.5 (five-tenths). The generator’s excitation system(s) shall conform, as closely as reasonably achievable, to the field voltage vs. time criteria specified in American National Standards Institute Standard C50.13-1989 in order to permit adequate field forcing during transient conditions. 2. Three Phase Induction Generators and Inverter Systems. Induction generation may be connected and brought up to synchronous speed (as an induction motor) if it can be demonstrated that the initial voltage drop measured on the City’s side at the point of common coupling is within the visible flicker limits stated in Section XIV.B.2. Otherwise, the Generator Owner may be required to install hardware use other techniques to bring voltage fluctuations to acceptable levels. Line-commutated inverters do not require synchronizing equipment. Self-commutated inverters whether of the utility-interactive type or stand- alone type shall be used in parallel with the City system only with synchronizing equipment. Requirement for the Control, Protection and Safety Equipment1 Greater than 25kW and Less than 500kW, Three Phase Connected to Primary System Generator Disconnect Device X Over-Voltage Trip X Under Voltage Trip X Over-Current Trip X Over/Under Frequency Trip X Ground Over-Voltage Trip2 OR - 39 - 53

Exhibit A Item 1. Ground Over-Current Trip2 X Synchronizing Check3 Manual or Automatic Power Direction4 X Transfer Trip/Reclose Blocking5 X Notes: 1. Exporting to the CompanyCity’s system may require additional operating/protection devices and will require coordination of operations with the CompanyCity. 2. Selection depends on grounding system, if required by the CompanyCity. 3. For synchronous and other types of generators with stand-alone capability. 4. Required only if generator size is greater than Generator Owner’s minimum load and thus capable of exporting. The relay will operate if the power flow from the generator into the Grid exceeds a predetermined level. A time delay will have to be incorporated into this relaying scheme to prevent it from operating during synchronous swings. 5. May be required as part of any necessary transfer tripping/reclose blocking protection scheme. E. Requirements Specific to Generators paralleling for 0.1 second or less (Closed Transition Switching) Control, Protection and Safety Equipment requirement for generators less than 500 kW which parallel with the CompanyCity’s system for 0.1 second or less such as during source or load transfers. Over-Voltage Trip X Under Voltage Trip X Synchronizing Check1 Manual or Automatic Excessive Closed Time Trip2 X Notes: 1. For synchronous and other types of generators with stand-alone capability. 2. Scheme will trip generator if closed transition parallel mode remains in effect longer than 0.1 second. F. Inverter Type – DC Generation installations using inverters for interconnection with the CompanyCity must use non-islanding type inverters as defined in IEEE 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems, IEEE 929, IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems (including Annex B, D, E & G) and UL Subject 1741, May 1999, Standard for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems. G. Inspection and Start-Up Testing – the Generator Owner shall provide the CompanyCity with reasonable prior notice at least 2 weeks before the initial energizing and start-up testing of the Generator Owner’s generating equipment and the CompanyCity, at its discretion, shall witness the testing of any equipment and protective systems associated with the interconnection. The Generator Owner shall revise and re-submit the application information for any proposed modification that may affect the safe and reliable operation of the CompanyCity’s system. The generator may be reconnected to the CompanyCity system only after the modified - 40 - 54

Exhibit A Item 1. application has been reviewed, testing has been confirmed and the CompanyCity has given approval to reconnect. H. Site Testing and Commissioning - Testing of protection systems shall include procedures to functionally test all protective elements of the installation up to and including tripping of the generator and interconnection point. Testing and testing intervals should be in accordance with manufacturers’ and industry recommendations. Testing will verify all protective set points and relay/breaker trip timing. The CompanyCity may witness the testing of installed switchgear, protection systems, and generator. The Generator Owner is responsible for all maintenance of the generator, control and protective equipment. The Generator Owner will maintain records of such maintenance activities which the CompanyCity may review at reasonable times. I. Metering - Metering requirements will be reviewed on each specific installation. J. Dedicated Transformer – A dedicated transformer will be required where the generating Generator Owner is served from the same transformer secondary as another CompanyCity customer and inverter-based technology not meeting IEEE 929 and IEEE 519-1992 specifications is used. In addition, a dedicated transformer or other current-limiting device is needed for any type of generator installation where the increase in available short circuit current could adversely impact other CompanyCity customers on the same secondary circuit. K. Suggested References The following references can supply technical support and insight into the safe, reliable interconnection of distributed generation with the CompanyCity’s systems. These references should be reviewed by those individuals or firms contemplating parallel operation of generation with the CompanyCity. All references to IEEE, NEC & UL Standards will refer to the latest version of the standards. IEEE C37.95-1989 - IEEE Guide for Protective Relaying of Utility-Consumer Interconnections IEEE Std 1001 (1988) - IEEE Guide for Interfacing Dispersed Storage and Generation Facilities with Electric Utility Systems IEEE Std 929 - IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems IEEE Std 1021 (1988) - IEEE Recommended Practices for Utility Interconnection of Small Wind Energy Conversion Systems IEEE 1574 - Standard Series for Microgrids and Distributed Resources IEEE Std 519 -1992 - IEEE Recommended Practices and Requirements for Harmonic Control In Electrical Power System NEC 690 - Solar Photovoltaic Systems UL 1703 - Standard for Safety Flat-Plate Photovoltaic Modules and Panels UL 1741 - Standards for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems - 41 - 55

Exhibit A Item 1. SECTION 4 NET METERING I. General Provisions – Net Metering can occur in three circumstances as follows: 1. Condition 1 – Individual Customer/Single Account/Single Premise where all Net Metering activity occurs at a single customer premise for a single customer account; 1.2. Condition 2 – Individual Customer/Multiple Accounts/Single or Multiple Premises where a single customer can aggregate Net Metering for crediting to multiple accounts and/or premises; andor 2.3. Condition 3 – Host Customer/Multiple Subscribers/Multiple Premises where a Community Energy Facility, either behind the meter of a Subscriber or as a stand-alone facility, provides Net Metering for multiple Subscribers and multiple premises. A Community Energy Facility may include technologies defined under §352(6)(a-h) of Title 26 of the Delaware Code. II. Interconnection Requirements – Any requirements necessary to permit interconnected operations between the Customer-Generator Facility or Community Energy Facilities and the City, and the costs associated with such requirements, shall be consistent with the requirements contained in thise City Electric Service hHandbook. (ES Handbook) The City shall not require eligible net metering customers who meet all applicable safety and performance standards to install excessive controls, perform or pay for unnecessary tests, or purchase excessive liability insurance. 1. A complete interconnection application is required to facilitate a City- directed transmission and distribution analysis, including an evaluation of potential reliability, safety and stability impacts and determination of whether infrastructure upgrades are necessary and appropriate allocation of applicable interconnection costs as outlined in this handbook. III. Failure to Comply with These Rules. The failure by any interconnection customer to comply with these requirements and the requirements in other Sections of the ES Handbookthis handbook may result in penalties, including monetary assessments, suspension or revocation of the facilities interconnection or other sanction as determined by the City Manager. IV. Disputes – Any net metering disputes limited to the correct application of the Electric Servicethis hHandbook and Net Metering Tariffs shall be resolved by the City Manager or his/her designee. V. The City of DoverCity (“City”) shall offer customers the option of nNet mMetering if a cuCustomer generates electricity at the cCustomer’s premises, subject to all the following requirements: 1. 4.1.1 The customer: owns and operates; leases and operates; or contracts with a third party that owns and operates the electric generation facility with a capacity that: a. Will not exceed 25 kW per City meter for residential customers. - 42 - 56

Exhibit A Item 1. b. Will not exceed 100 kW per City meter for farm customers (subject to rules of Delaware Code - Title 26, §1014(d)(1)b);). c. Will not exceed 500 kW per City meter for non-residential customers; d. Is located on the customer’s premises; a. Application by a non-residential customer for the installation of any generation system more than 500 kilowatts shall be given due consideration and may require a special contract. The installation will only be accepted by the City if it complies with Section 4.1.1.8 _th requirements below and there is no detrimental impact to the electric system; the City decision will be final; e. Uses as its primary source of fuel: solar, wind, hydro, a fuel cell, or gas from the anaerobic digestion of organic material; f. Does not exceed, individually or in the aggregate as a result of other net-metering customers on the same distribution feeder or substation, a maximum renewable generating capacity greater than 1.5 megawatts on a distribution feeder and shall not exceed 15% of the substation transformer capacity rating; and g. The total generating capacity of all customer-generation using net metering systems served by the City exceeds 5% of the capacity necessary to meet the City's aggregated customer monthly peak demand for a particular year, the City may elect not to provide Net Metering services to additional customers. The City’s aggregated customer monthly peak demand shall be the average of the unadjusted five (5) system peaks for the City as determined by Delmarva Power and reported to PJM and shall be in effect from June 1 through May 31 of each year. a.h. Under all conditions, the installation shall be designed to produce no more than 110% of the Host customer’s expected aggregate electrical consumption, calculated on the average of the two previous 12 month periods of actual electrical usage at the time of installation of energy generating equipment and subject to the capacity limits specified in Section 4 .1.1.1paragraph I.1 through I.3Section 4.1.1.3 of this rRule. For new building construction or in instances where less than two previous 12 month periods of actual usage isare available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics or previous residents at the same address, at the time of installation of energy generating equipment and subject to the capacity limits specified in Section 4 paragraph I.1 through I.3 Sections 4.1.1.1 through Section 4.1.1.3 of this rRule. 4.1.1.1 Will not exceed 25 kW per City meter for residential Customers; 4.1.1.2 Will not exceed 500 kW per City meter for non-residential Customers; - 43 - 57

Exhibit A Item 1. 4.1.1.3 Will not exceed 100 kW per City meter for farm Customers (subject to rules of Delaware Code - Title 26, §1014(d)(1)b); 4.1.1.4 Is located on the Customer’s premises; 4.1.1.5 4.1.1.6 Uses as its primary source of fuel: solar, wind, hydro, a fuel cell, or gas from the anaerobic digestion of organic material; 4.1.1.7 Is interconnected and operated in parallel with an City’s transmission and distribution facilities; 4.1.1.8 Does not exceed, individually or in the aggregate as a result of other net-metering Customers on the same distribution feeder or substation, a maximum renewable generating capacity greater than 1.5 megawatts on a distribution feeder and shall not exceed 15% of the substation transformer capacity rating; and 4.1.1.9 VI. 4.2 Metering and Tariff Requirements - Net Metering shall be accomplished through the use of a single bi-directional meter installed at City’s expense that runs forward and backward that measures net energy flow during a billing period. 1. 4.2.1 A bi-directionaln additional meter or meters that to mmonitor the flow of electricity in each direction willmay be installed with the consent of the customer, at the expense of the City, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the customer pursuant to Sections 4.3 and/or 4.4VII & VIII of this rRule, or to collect system performance information on the eligible technology for research purposes. 2. For installations 4.2.2 wWhere a larger capacity meter is required to serve the customer, or a larger capacity meter is requested by the cCustomer, the customer shall pay the City the difference between in cost between the larger capacity meter investment and the meter investment normally provided under the customer's service classification. If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter. 3. 4.2.3 If the existing electrical meter of a customer is incapable of measuring the flow of electricity in two directions through no fault of the customer, the City shall be responsible for all expenses involved in purchasing and installing such a meter. For periods of inaccurate readings, estimations of the usage and returned consumption will be used. If it is deemed the meter has been tampered with, additional fees may be applied to the customer to include materials and labor to repair damage. 4. 4.2.4 For Condition 3 where a stand-alone Community Energy Facility is installed, the City shall install the meter necessary to provide the data to accomplish the necessary billing and shall be responsible for all expenses involved in purchasing and installing such a meter. The City shall assess the stand-alone Community Energy Facility a customer charge equivalent to the load and energy output characteristics of the generating facility which would be equivalent to the load and energy characteristics of a similarly situated customer in its tariff. - 44 - 58

Exhibit A Item 1. 5. 4.2.5 If the total generating capacity of all Customer-generation using net metering systems served by the City exceeds 5% of the capacity necessary to meet the City's aggregated Customer monthly peak demand for a particular year, the City may elect not to provide Net Metering services to additional Customers. The City’s aggregated Customer monthly peak demand shall be the average of the unadjusted five (5) system peaks for the City as determined by Delmarva Power and reported to PJM and shall be in effect from June 1 through May 31 of each year. 5. 4.2.6 City shall provide net-metered customers electric service at non-discriminatory rates that are identical, with respect to rate structure and monthly charges, to the rates that a customer who is not Net Metering would be charged. City shall not charge a Net Metering customer any stand-by fees or similar charges. 6. The Subscribers participating in a Community Energy Facility shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Community Energy Facility unless the Subscribers participating in the Community Energy Facility have relinquished such ownership of RECs by contractual agreement with a third party. 7. If a Net Metering customer terminates its service with the City, the City shall treat the end of service period as if it were the end of the Annualized Billing Period for any excess kWh credits. VII. Net Metering Condition 1 and Condition 2 - If, during any billing period, a Customer-Generator Facility produces more energy than that consumed by the Condition 1 customer, or aggregate total kWh of the Condition 2 customer, the City will credit the customer in kWh’s equal to the sum of delivery service charges and supply service charges for residential customers and the sum of the delivery service charges and supply service charges for non-residential customers for any excess energy production of their Customer-Generator Facility that exceeds the customer’s on- site, or aggregate total consumption of kWh in the applicable billing period. 1. Excess kWh credits shall be credited to subsequent billing periods to offset a customer's consumption in those billing periods until all credits are used. During any subsequent billing period prior to the end of the Annualized Billing period, the crediting of excess energy kWh will result in the reduction of cost paid by the customer for the kWh of delivery service charges, if applicable, and supply service charges. 1. 4.3.1 Excess kWh credits shall be credited to subsequent billing periods to offset a Customer's consumption in those billing periods until all credits are used. During any subsequent billing period prior to the end of the Annualized Billing period, the crediting of excess energy kWh will result in the reduction of cost paid by the Customer for the kWh of delivery service charges, if applicable, and supply service charges. 2. 4.3.2 At the end of the Annualized Billing Period, a customer may request a payment from the City for any excess kWh credits, subject to Section 4, paragraph 4.1.1.8II.1.g. The payment for residential customer accounts shall be equal to kWh customer’s Supply Service Charges. excluding charges, such as the transmission capacity charge and/or demand charges. The payment for non-residential customer accounts shall be equal to excess kWh customer’s Supply Service Charges that would otherwise be applicable at the end of the customer’s - 45 - 59

Exhibit A Item 1. Annualized Billing Period. If such payment would be less than $25.00, the City may credit the customer’s account through monthly billing. 3. 4.3.3 Any excess kWh credits shall not reduce any fixed monthly customer charges imposed by the City suh as Demand, Customer or Power Factor Adjustment charges. 4. 4.3.4 The customer shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Customer-Generator Facility and consumed by the customer unless the customer has relinquished such ownership of the RECs by contractual agreement with a third party. 5. 4.3.8 Where applicable, the requirements established in Section VIII 4.6 of these rRules shall apply to the previousis Section 4.3. V. Net Metering Condition 3, Host System – Where the Community Energy Facility is located behind the meter of a Subscriber that is also the Host Customer, the following will also be subject to the requirements established in Section 4.7 of this Rule: 4.4.1 During a monthly billing period where the energy from the Community Energy Facility exceeds the consumption of the Host Customer, the Subscribers participating in a Community Energy Facility shall be credited kWh equal to Supply Service Charges – as per the Net Energy Metering Tariff –for any of the energy production in excess of the consumption of the Host Customer of the Community Energy Facility. This credit will only be given to the Host Customer on a monthly basis; it will be the responsibility of the Host Customer to distribute the value of this credit to other Subscribers participating in the Community Energy Facility. Only for the purposes under this section 4.4 will this not be considered “resale” of electricity but will be considered distribution of dividends for a Community Energy Facility. 4.4.2 The Subscribers participating in a Community Energy Facility shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Community Energy Facility unless the Subscribers participating in the Community Energy Facility have relinquished such ownership of RECs by contractual agreement with a third party. 4.4.3 A Community Energy Facility shall not exceed the sum total of the capacity limits as defined under Section 4.1.1.1 through Section 4.1.1.3 and 4.1.1.8 of this Rule among the Subscribers of a Community Energy Facility. 4.4.4 Where applicable, the requirements established in Section 4.7 of these Rules shall apply to this Section 4.4. 4.4.5 The City invoked its authority under Title 26, Chapter 10, Subchapter 1014 (e) (3) to credit the energy produced under Sections 4.4 and 4.5 at the value of the Supply Service Charges as defined in the Net Energy Metering Tariff. This Tariff will be updated on an annual basis to reflect the annual budgeted value and will not be trued up at the end of the annual period to reflect actual costs. VIII. 4.6 Net Metering Condition 2 – Subject to the applicable Net Metering provisions of Section 4.0V & VI of this rRule, under Condition 2, one customer may have multiple meters under the same account or different accounts, regardless of the physical location and rate class. The customer may aggregate meters for the purpose of net metering regardless of which individual meter receives energy from a Customer-Generator Facility, provided that: - 46 - 60

Exhibit A Item 1. 1. 4.6.1 City of DoverCity shall only allow meter aggregation for customer accounts for which it provides electric supply service; and 1.2. 4.6.2 The Customer-Generator Facility is designed to produce no more than 110% of the aggregate electrical consumption of the customer’s individual meters or accounts that the customer is entitled to aggregate under this Section 4.6VIII calculated on the average of the two previous 12 month periods of actual electrical usage. For new building construction or in instances where less than two previous 12 month periods of actual usage are available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment; and 2.3. 4.6.3 A Customer-Generator Facility shall not exceed the sum total of the capacity limits among the participants of a Customer-Generator Facility as defined under Section 4.1.1.1V.1.a through Section 4.1.1.3V.1.c and Section V.1.g and V.1.h4.1.1.8 of this Rrule; and 4. 4.6.4 At least ninety (90) days before a customer commences construction of a Customer-Generator Facility or a customer is entitled to aggregate multiple meters, the customer shall file with the City the following information: a. 4.6.4.1 a list of individual meters the customer is entitled to aggregate, identified by address, rate schedule, and account number; and b. 4.6.4.2 a description of the Customer-Generator Facility, including the facility’s location, capacity, and fuel type or generating technology. 5. The customer may change its list of aggregated meters specified in Section 4.6.4.1VIII.4. a no more than once annually by providing ninety days’ written notice; and 3.6. Credit shall be applied to the meter through which the Customer-Generator Facility supplies electricity; and 7. Credit in kilowatt-hours (kWh) shall be valued according to Section 4.3VII.1 - 4 of this rRule and each account’s rate schedule as specified in Section 4.6.4.1VIII.4.a above; and 8. The City may require that customer’s aggregated meters specified in Section 4.6.4.1VIII.4.a above be read on the same billing cycle. IX. Net Metering Condition 3, Host System – Where the Community Energy Facility is located behind the meter of a Subscriber that is also the Host customer, the following will also be subject to the requirements established in Section XI of this Rule: 1. During a monthly billing period where the energy from the Community Energy Facility exceeds the consumption - 47 - 61

Exhibit A Item 1. of the Host customer, the Subscribers participating in a Community Energy Facility shall be credited kWh equal to Supply Service Charges – as per the Net Energy Metering Tariff –for any of the energy production in excess of the consumption of the Host customer of the Community Energy Facility. This credit will only be given to the Host customer on a monthly basis; it will be the responsibility of the Host customer to distribute the value of this credit to other Subscribers participating in the Community Energy Facility. Only for the purposes under this section will this not be considered “resale” of electricity but will be considered distribution of dividends for a Community Energy Facility. 2. A Community Energy Facility shall not exceed the sum total of the capacity limits as defined under Section V.1.a through V.1.c and Section V.1.g and V.1.h of this rule among the Subscribers of a Community Energy Facility. 3. Where applicable, the requirements established in Section IX of these Rules shall apply to this Section. 4. The City invoked its authority under Title 26, Chapter 10, Subchapter 1014 (e) (3) to credit the energy produced under Sections IX and X at the value of the Supply Service Charges as defined in the Net Energy Metering Tariff. This Tariff will be updated on an annual basis to reflect the annual budgeted value and will not be trued up at the end of the annual period to reflect actual costs. X. Net Metering Condition 3, Stand Alone System – Where the Community Energy Facility is a stand-alone facility, the facility will be subject to the requirements established in Sections 4.4 and 4.7IX. For clarification, the payment will be made to the participant that has the electric meter of the Community Energy Facility in their name. I. Net Metering Condition 3, Stand Alone System – Where the Community Energy Facility is a stand-alone facility, the facility will be subject to the requirements established in Sections 4.4 and 4.7. For clarification, the payment will be made to the participant that has the electric meter of the Community Energy Facility in their name. XI. 4.7 Net Metering Condition 3 Subscribers – Subscribers are eligible to participate in a Community Energy Facility, provided: 1. 4.7.1 A community includes customers sharing a unique set of interests; and 2. 4.7.2 The City shall only allow meter aggregation for customer accounts of which it provides electric service; and 3. 4.7.3 The Community Energy Facility is designed to produce no more than 110% of the community’s aggregate electrical consumption of its individual customers, calculated on the average of the two previous 12 month periods of actual electrical usage. For new building construction or in instances where less than two previous 12 month periods of actual usage is available, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment; and - 48 - 62

Exhibit A Item 1. 4. 4.7.4 The Community Energy Facility shall not exceed the sum total of the capacity limits among the participants of a Community Energy Facility as defined under Section V.1.a through V.1.c and Section V.1.g and V.1.h Section 4.1.1.1 through Section 4.1.1.3 and 4.1.1.8 ofof this rRule; and 5. 4.7.6 Before Net Metering for a Community Energy Facility may be formed and served by the City, the community proposing a Community Energy Facility shall file with the City the following information: a. 4.7.6.1 a list of individual meters the community is entitled to aggregate identified by name, address, rate schedule, and account number; and b. 4.7.6.2 a description of the Community Energy Facility, including the facility’s physical location, the Host customer’s physical location, capacity, and fuel type or generating technology. 6. 4.7.7 A community proposing a Community Energy Facility may change its list of aggregated meters as specified in Section 4.7.6.1XI.5.a above no more than quarterly by providing ninety days’ written notice to the City; and 7. 4.7.8 If the community proposing a Community Energy Facility removes individual customers from the list of aggregated meters as specified in Section XI.5.a 4.7.6.1 above, then that community shall either replace the removed customers, reduce the generating capacity of the Community Energy Facility to remain compliant with the provisions provided under Sections XI.3 and XI.4 4.7.3 and 4.7.4 above, or negotiate with the City to establish a mutually acceptable agreement for any excess kWh credit; and 8. The City may require that customers participating in a Community Energy Facility have their meters read on the same billing cycle; and 9. 4.7.10 Neither customers nor owners of community-owned energy generating facilities shall be subject to regulation as either public utilities or an Electric Supplier. 10. 4.7.11 The Subscribers participating in a Community Energy Facility shall retain ownership of all RECs associated with electric energy produced from all eligible energy resources of the Community Energy Facility unless the Subscribers participating in the Community Energy Facility have relinquished such ownership by contractual aggreement with a third party. 11. 4.7.12 The Community Energy Facility will also be subject to the requirements of Sections 4.4 and 4.5X & XI of this rRule. - 49 - 63

Exhibit A Item 1. II. 4.8 Disputes – Any net metering disputes limited to the correct application of the Electric Service Handbook and Net Metering Tariffs shall be resolved by the City Manager or his/her designee. III. 4.9 Interconnection Requirements – Any requirements necessary to permit interconnected operations between the Customer-Generator Facility or Community Energy Facilities and the City, and the costs associated with such requirements, shall be consistent with the requirements contained in the City of Dover Electric Service Handbook (ES Handbook) The City shall not require eligible net metering customers who meet all applicable safety and performance standards to install excessive controls, perform or pay for unnecessary tests, or purchase excessive liability insurance. IV. 4.9.1 A complete interconnection application is required to facilitate a City- directed transmission and distribution analysis, including an evaluation of potential reliability, safety and stability impacts and determination of whether infrastructure upgrades are necessary and appropriate allocation of applicable interconnection costs as outlined in the ES Handbook. V. 4.10 Failure to Comply with These Rules. The failure by any interconnection customer to comply with these requirements and the requirements in other Sections of the ES Handbook may result in penalties, including monetary assessments, suspension or revocation of the facilities interconnection or other sanction as determined by the City Manager. XII. 4.11 Net Eenergy Mmetering 1. “NM” 2.1. AVAILABILITY a. This rider is available to customers served under the following service classifications, Residential “R”, Small Commercial “C and C1”, Medium Commercial “C2 and C3", Large Commercial “C5", Primary “P”, and Transmission “T” that own and operate an electric generation facility on the customer’s premises that produces electricity from Eligible Energy Resources to offset part or all of the customer’s electricity requirements. 3.2. CONNECTION TO THE CITY’S SYSTEM a. The customer or Community-owned electric generation facility cannot be connected to the City’s system unless it meets all applicable safety and performance standards set forth by the following: The City of DoverCity Technical Considerations Covering Parallel Operations of customer Owned Generation of 500 kW or less dated November 15, 2011, National Electric Code, the Institute of Electrical and Electronic Engineers, Underwriters Laboratories, and the City of DoverCity Electric Service Handbook (Handbook). The customer must, at his/her expense, obtain any and all necessary permits, inspections, and approvals required by any local public authorities and any other governing regulations in effect at that time. 4.3. DELIVERED VOLTAGE a. The delivered voltage and delivery point of the customer’s electric generation shall be at the same delivered voltage and delivery point that would be supplied by the City to the customer if the customer purchased all of its electricity from the City. - 50 - 64

Exhibit A Item 1. 5.4. RATE a. The monthly billing shall be as stated in the applicable rate tariff. Under this rider, only the kWh charge for electricity delivered by the customer is affected. The customer will pay for all kWh delivered by the City of DoverCity. Credit for kWh under Sections 4.3.2VII.2 and 4.4IX of this Handbook shall be the budgeted average cost of energy as further described in 4.4.5Section IX.4 of this Handbook and will be valued at $0.07045/kWh for the City’s Fiscal 2012 budget year.according to the latest rates associated with the classification of service. 6.5. RULES AND REGULATIONS a. The General Rules and Regulations of the City of DoverCity for electric service shall apply to service rendered under this service classification. All minimum billings, charges for kWh, kW, Purchased Power Adjustment, Public Utility Tax, Renewal Energy Charge, etc. will be covered under the applicable rate tariff. Effective Date: TBD 1 - 51 - 65

Exhibit A Item 1. VI. 4.11Definitions XIII. 1. 4.11.1 "Annualized Billing Period" means a period of 12 consecutive monthly billing periods. A customer's first Annualized Billing Period begins on the first day of the first full monthly billing period after which the Customer- Generator Facility is interconnected with the City and is generating electricity. A customer may elect to change the end of the Annualized Billing Period one time in order to better utilize excess generation. 2. 4.11.2 “City” means the City of DoverCity Electric Department. 3.2. 4.11.3 “Community Energy Facility” means a renewable energy generating facility that has Subscribers who share the energy production of the Community Energy Facility, which may be located either as a stand-alone facility or behind the meter of a Subscriber. The Community-owned energy generating facility shall be interconnected to the distribution system and operated in parallel with an electric distribution companyCity’s transmission and distribution facilities. The Community Energy Facility shall: a. Satisfy all applicable requirements of Section 8.0Chapter 4, Net Metering of this Rule; b. Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that net metering customers meet applicable safety and performance standards; and c. Comply with the City's interconnection tariffs and operating guidelines. 4. Customer” means a purchaser of electricity for ultimate consumption and not for resale in Dover, including the owner/operator of any building or facility, but not the occupants thereof, who purchases and supplies electricity to the occupants of such building or facility. 5.3. Customer-Generator Facility” means equipment used by a customer to generate, manage, and monitor electricity. A Customer-Generator Facility, which typically includes an electric generator and/or an equipment package, shall: a. Satisfy all of the applicable requirements of the Net Metering Rules; b. Meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and Underwriters Laboratories to ensure that net metering customers meet applicable safety and performance standards; and c. Comply with the City's interconnection tariffs and operating guidelines. 6.4. Delmarva Power refers to Delmarva Power & Light Co., and electric utility and transmission supplier, or its successor(s). 7. Electric Supplier means the City. 8.5. Eligible Energy Resources means the following energy sources located within the PJM region or imported into the PJM region and tracked through the PJM Market Settlement System: a. Solar energy technologies that employ solar radiation to produce electricity; b. Electricity derived from wind energy; c. 4.11.8.3 Electricity derived from ocean energy including wave or tidal action, currents, or thermal differences; d. Geothermal energy technologies that generate electricity with a steam turbine, driven by hot water or steam extracted from geothermal reservoirs in the earth’s crust; - 52 - 66

Exhibit A Item 1. e. Electricity generated by a fuel cell powered by Renewable Fuels; f. Electricity generated by the combustion of gas from the anaerobic digestion of organic material; g. Electricity generated by a hydroelectric facility that has a maximum design capacity of 30 megawatts or less from all generating units combined that comply with environmental standards promulgated by DNREC in its “Environmental Standards for Eligible Energy Resources” (10 DE Reg. 351 Aug. 1, 2006); h. Electricity generated from the combustion of biomass that has been cultivated and harvested in a sustainable manner as determined by DNREC in its “Environmental Standards for Eligible Energy Resources” (10 DE Reg. 351 Aug. 1, 2006), and is not combusted to produce energy in a waste to energy facility or in an incinerator; i. Electricity generated by the combustion of methane gas captured from a landfill gas recovery system; provided, however, that: i. Increased production of landfill gas from production facilities in operation prior to January 1, 2004 demonstrates a net reduction in total air emissions compared to flaring and leakage; ii. Increased utilization of landfill gas at electric generating facilities in operation prior to January 1, 2004 (i) is used to offset the consumption of coal, oil, or natural gas at those facilities, (ii) does not result in a reduction in the percentage of landfill gas in the facility’s average annual fuel mix when calculated using fuel mix measurements for 12 out of any continuous 15 month period during which the electricity is generated, and (iii) causes no net increase in air emissions from the facility; and iii. Facilities installed on or after January 1, 2004 meet or exceed 2004 Federal and State air emission standards, or the Federal and State air emission standards in place on the day the facilities are first put into operation, whichever is higher. 9.6. 4.11.9 “Host Customer” means the customer account directly connected to a Customer-Generator Facility or Community Energy Facility, or, for a stand-alone Community Energy Facility, the customer account as designated by the Subscribers who share the energy production of the Community Energy Facility. 10.7. 4.11.10 "Net Metering" means a service to a customer whereby electric energy generated by the customer, through a Customer-Generator Facility and delivered to the local distribution facilities of the City, may be used to offset electric energy provided by the City to the customer. 11.8. PJM means “PJM Interconnection, LLC,” the Regional Transmission Organization (“RTO”) that is responsible for wholesale energy markets and the interstate transmission of energy throughout a multi-state area, or its successor organization. 12.9. Renewable Energy Credit or “REC” means a tradable instrument comprised of all the Generation Attributes equal to 1 megawatt-hour of electricity derived from Eligible Energy Resources and that is used to track and verify compliance with the provisions of Delaware Public Service Commission Regulation Docket No. 56. A REC does not include emission reduction credits and/or allowances encumbered or used by a Generation Unit for compliance with local, state, or federal operating and/or air quality permits associated with the 1 megawatt-hour of electricity. 13.10. 4.11.13 “Subscriber(s)” means the person(s) who are otherwise customers of the City that are entitled to share in the energy production of a Community Energy Facility - 53 - 67

Exhibit A Item 1. CUSTOMER SERVICE APPLICATION AND CONTRACT FOR SERVICE A service contract is required in order to receive electric service from the City. In order to receive electric service, each customer is required to apply at the customer Service Department and if approved the customer shall implicitly enter into a contract with the City for electric services. This Handbook, terms of applicable service classifications, and any Rules and Regulations adopted by the City shall be part of every contract for electric service and shall govern all classes of service. Any prior outstanding debts to the City of DoverCity will result in service not being granted until the debt is paid in full. When requesting a service connection, individuals need to complete an application for utility service at least twenty four hours (24) or one business day before the requested service date. The City requires a signed lease agreement or proof of ownership, a Social Security card, and one form of photo identification. The City will obtain credit reports to determine the amount of a deposit, if required. Charges for electric service shall begin at the time electric service is made available to the customer. ELECTRIC SERVICE CONTRACT The City Manager is empowered to create and enforce all rules and regulations in order to maintain and operate the City electric plant, and electrical distribution system. The City Manager, or designee, is authorized to review every contract for electric service that governs all classes of service, unless otherwise stated by a service classification. Additional information regarding policies and regulations may be obtained by contacting the City of DoverCity’s Customer Service Department. ELECTRIC SERVICE RATES Copies of the Electric Service Tariffs and all rules and regulations adopted by City Council are available for the public review at the Customer Service Center, Public Utilities and on the City of DoverCity website. The rules and regulations apply to every customer or applicant for utility service. Revisions and amendments may occur from time to time, and customers are encouraged to contact the City for updates. NO PREJUDICE OF RIGHTS The failure by the City of DoverCity to enforce any of the provisions of the Tariffs shall not be deemed a waiver of its right to do so. CITY’S RIGHT TO REJECT APPLICATION The City may reject any application for service if the applicant does not meet all the requirements of the City. SERVICE CHARGE FOR APPLICATION OF SERVICE The City does not charge a service fee to establish or discontinue service. However, the City reserves the right to charge a service fee to process changes or cancelations to any type of work order requests. An individual requesting to establish - 54 - 68

Exhibit A Item 1. service without providing the required notice shall be subject to a service fee according to the published connect and disconnect service fees. MOBILEMANUFACTURED HOME PARKS Each mobilemanufactured home electric customer shall make a suitable deposit when connected; however, the mobilemanufactured home park operator may make a suitable deposit and guarantee the accounts for individual tenants. If this arrangement is elected, connections and disconnections of service may be handled by mobilemanufactured home park operator via telephone to the City. All applicable Rules and Regulations, in addition to those listed above, shall apply to service to MobileManufactured Home Parks. SERVICE DEPOSIT The City may require a service deposit for all utility (electric, water and/or wastewater) accounts. This amount varies depending on the customer’s credit rating. The requested deposit can be as much as three times the average monthly bill at the residence in question or as little as zero. Service deposits are held in an interest bearing account. Interest is paid on the deposit at a rate set by the City Council. When the customer account is terminated the deposit will be applied to the final bill. Any credit remaining on the account after the final bill is satisfied will be refunded to the customer once it has been determined that the customer has no other outstanding balances with the City of DoverCity. As long as residential customer (owner or renter) maintains a good credit standing, they will never be asked for an additional deposit. A customer who fails to pay their bill and has services disconnected or who has a returned check, and either occurs twice in a twelve month period, will be charged an additional deposit. Additional deposits may be required for any reason the City may deem appropriate. TRANSFERRING SERVICE When requesting a service transfer, we require individuals to apply at Customer Service and complete an application for utility service. We require a signed lease document or proof of ownership, a Social Security card, and one form of photo identification. Electric service to a customer at a new location or to transfer electric service to a new location shall be rendered only when all City of DoverCity outstanding debts are paid in full. Any delinquent balance must be paid in full and the account must be brought current in order to have service established at another location. At this time, the deposit for both locations will be reviewed. Any deposits will be transferred an additional deposit may be required. The final bill is due and payable when rendered. In the event of an issue of domestic violence, an order from the court will be satisfactory to establish utility service. Utility services will be provided at the address indicated on the order. Valid photo identification and a Social Security card will be required in order to complete the application process. The City may require a service deposit. A credit report will be generated in order to determine the level of deposit required. The deposit can be as great as three times the average bill or as little as zero. - 55 - 69

Exhibit A Item 1. DISCONTINUE ELECTRIC SERVICE BY CUSTOMER NOTICE The customer shall give the city at least (1) business day, or twenty-four (24) hours, written notice to discontinue electric service unless otherwise agreed upon and shall be liable for electric service used until the meter is disconnected or final reading is recorded. Notice prior to the expiration of any electric service contract term shall not relieve any minimum guaranteed payment under any electric service classification. The customer shall be responsible for all cost to disconnect the electric service. SUSPENSION OF ELECTRIC SERVICE CONTRACT If, by reason of any act, neglect or default of a customer, the City’s electric service is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered into, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract. BILLING PERIOD Meter readings are obtained by the City’s meter reading staff on a monthly basis on a pre-determined route. The area of the service address determines the date the meter is read, billed and due and requests for specific billing date cannot be accommodated. The electric bill shall be due and payable within twenty-one (21) days after the electric bill is dated. ESTIMATED BILLING When the City’s meter reader is, at any regular meter reading date unable to gain access to the customer’s premises the City may render an estimated utility bill based on prior usage. EQUALIZED PAYMENT PLAN An equalized payment plan will be permitted for residential customers meeting these requirements. Monthly payments for the service address will be based on estimated cost of total consumption for the eleven month period October through August, with additional billing being made in the remaining one (1) month. Adjustments in monthly payments may be made after each quarterly review, and may indicate that the original estimate consumption was too high or too low. Additional information can be obtained by contacting Customer Service. FINAL BILLING When terminating services, the customer must make a request to the City (1) one business day, or twenty-four (24) hours, prior to the termination date. The final bill will be due and payable when rendered. Any service deposit on file will be applied to the final bill. If unpaid, the City may refer the account to a collection agency. The customer will be responsible for any fees, penalties, legal expenses and attorney fees incurred during the collection process. OPTIONS IN BILL PAYMENTS To better serve our customers the City of DoverCity offers a variety of payment options. Cash, checks, money orders, cashier’s check, certified checks, credit cards, and bank drafting are some accepted forms of payment. Payments can be mailed, brought to the office during normal business hours (8:30 AM to 5:00 PM, Monday through Friday), or placed in - 56 - 70

Exhibit A Item 1. the drop box located at Customer Service. Cash payments cannot be accepted in the drop box. For complete details on payment options, please contact Customer Service. CREDIT POLICY It is important to maintain a good payment record. Payment is due (21) twenty-one days from the billing date indicated on the bill. Payment arrangements can be made with Customer Service, if the customer meets eligibility requirements. Delinquent balances are subject to penalties at the percentage approved by City Council. More details on the City’s credit policy are available by contacting Customer Service. RETURNED CHECKS AND RETURNED ELECTRIC FUNDS TRANSFERS The City will charge an established service fee for any check or electric funds transfer returned unpaid for any reason from the bank. In the event the item returned was used for the payment of reconnection of electric service the City may terminate the electric service, without written notice, until the matter is resolved. All returned check payments must be made in cash or money order at Customer Service, during normal business hours. If the returned check resulted in electric service interruption, an additional service fee will apply. To be reconnected, after hours contact the City of DoverCity Dispatch Center. Only money orders or cashier’s checks will be accepted. MEDICAL HARDSHIP POLICY The State of Delaware has made provisions for occupants of any dwelling that may require the use of a medical device that requires electric current. The customer must register this medical hardship with Customer Service. A letter from the patient’s physician indicating the medical condition, medical device and amount of amps required to operate the device is required. The letter will remain on file for 120 days, after which if the medical condition still exists another letter will be required from the attending physician. While this provision prevents the termination of electric service, customers that maintain a delinquent balance and would be subject to disconnection for non-payment, will be issued a notice affixed to the door of the service address notifying the customer that they have 24 hours to make payment of the delinquent amount or face further action. The City of DoverCity reserves the right to place a load restrictive devise on any account which has a medical seal and maintains a delinquent account balance. This load restrictive device is normally placed 48 hours after the 24 hours notice. The load restrictive device allows only enough electricity to a dwelling to operate needed medical equipment. The customer will be notified prior to the installation of the device. Delaware State Statue: 26 Del.C. ‫ ى‬117(d) provides: “In no event shall such termination occur if any occupant of any dwelling unit shall be so ill that the termination of such sale or physician of this State or any accredited Christian Science practitioner and received by any employee or officer of such persons engaging in the distribution of sale of gas, water or electricity. Signed statements from a licensed physician or accredited Christian Science practitioner obtained pursuant to this section are effective for 120 days. Signed statements may be renewed by means of a new signed statement to prevent termination.” ELECTRIC SERVICE RE-CONNECTION; FEE; ARREARAGE - 57 - 71

Exhibit A Item 1. Electric service may be disconnected by the City pursuant to this handbook and shall be reconnected only upon advance payment of published service fees in addition to all arrearage due under the customer's utility service contract, except when it has been necessary to remove service wires to discontinue the electric service. In the latter case electric service shall be restored only upon payment to the City of the cost of discontinuance and restoration. COMPLIANCE Electric service may be refused by the City of DoverCity until the customer is in compliance with all established standards of safe and efficient wiring. METER READINGS All meters must be read at least once every three (3) months, by City personnel, during normal working hours. Failure to have meter accessible for this purpose could result in termination of service in accordance with Rules and Regulations Section. BILLING CHANGES When demands are reassessed or power factors re-computed or re-measured, or the customer is found to be on an improper Service Classification, as the result of an investigation made at the customer's request or by routine inspection when it is found that the customer has been miss-billed for any reason, the City has the option to render corrected bills to the customer. The corrections will begin with the month when it is established the error occurred, but will not exceed twelve (12) billings. CHOICE OF SERVICE CLASSIFICATIONS When two or more Service Classifications are available for the same class or service, the customer shall select the Service Classification to be applied. CHANGING SERVICE CLASSIFICATIONS When a customer has selected a service classification, this classification shall remain in effect for the contract term. Changes may be allowed if the customer makes a change in the installation, in the character of service, or quantity of energy use. If a customer on the primary service classification wishes to switch to another classification, and they are eligible for the new classification, the customer may do so at the customer's choice. If such a change occurs, the City will make a determination on a case-by-case basis which portion, if any, of the customer-owned electrical equipment will be maintained or accepted by the City; however, any equipment transferred to City ownership will be so transferred at no cost to the City. If the equipment is not accepted by the City the “New Extension” policy will be applied to the upgrade prior to the transfer. CITY ASSISTANCE The City, upon request, may assist the customer in the selection of the most advantageous Service Classification, but the duty and responsibility of making the selection shall at all times rest with the customer. - 58 - 72

Exhibit A Item 1. Appendix 1 Drawing M1 - 59 - 73

Exhibit A Item 1. Drawing M2 - 60 - 74

Item 2. ACTION FORM PROCEEDING: Council Committee of the Whole DEPARTMENT OF ORIGIN: Planning Department DATE SUBMITTED: 9/22/21 PREPARED BY: Tracey Harvey, Planner/CDBG Program Administrator SUBJECT: Proposed Budget Amendments to the 2020 &2021 CDBG Action Plan & Carry-Forward Undisbursed Obligations REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: CDBG Program Administrator EXHIBITS: N/A EXPENDITURE REQUIRED: $63,200.53 AMOUNT BUDGETED: $63,200.53 FUNDING SOURCE (Dept./Page in CIP & Budget): TIMETABLE: Pending Council approval, the CDBG Program Administrator will reallocate funding approved in the budget amendment to Milford Housing Development Corporation for Homeowner Rehabilitation projects and Emergency Home Repairs. STAFF RECOMMENDATION: Staff recommends approval of the proposed Budget Amendments totaling $63,200.53 for Fiscal Year 2021. The proposed budget amendment includes the reallocation of unexpended Community Development Block Grant (CDBG) funds from program years 2020 and 2021 from NCALL Research for the demolition of single family homes. The funding for these grants will be reallocated to other projects due to environmental constraints prohibiting the demolition of single-family homes to be completed in a timely manner. The combined total for these grants is $45,000.00. Staff is proposing to reallocate these funds to Milford Housing Development Corporation (MHDC) for Emergency Home Repairs (EHR) and the Homeowner Rehabilitation Program (HRP). Staff is also proposing to reallocate $18,200.53 from funds that were never obligated to a CDBG activity to MHDC for Emergency Home Repairs. The undisbursed obligation of funds was identified by the City’s HUD Representative that completed a Financial Management Review of the CDBG grant. MHDC was not funded in FY21 due to carryover of funds from the previous year. All funds from FY20 have been drawn down from both programs as of 8/2/21, and MHDC has established a waiting list for clients that are waiting to be served pending approval of the proposed budget amendment. CDBG Grant Funds available for Funds to be reallocated to reallocation MHDC NCALL Research FY20 Demolition 15,000.00 15,000.00 (HRP) & (EHR) NCALL Research FY21 Demolition 30,000.00 30,000.00 (HRP) Undisbursed Obligation 18,900.53 18,900.53 (EHR) Total 63,900.53 63,900.53 75

ACTION FORM (REVISED) Item 3. PROCEEDING: Ordinance #2021-22 AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Planning/Fire Marshal DATE SUBMITTED: 10/5/2021 PREPARED BY: David Hugg/Jason Osika SUBJECT: Public Occupancies; Fire Fees and Fines REFERENCE: Chapter 46 RELATED PROJECT: This is Part 1 of a 2 part process, Part 2 to follow APPROVALS: CCOW; City Council EXHIBITS: Ordinance # 2021-22 EXPENDITURE REQUIRED: None PROJECT BUDGET: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): TIMETABLE: Public Occupancies Effective July 1, 2022; Fees and Fines Effective upon Adoption RECOMMENDED ACTION: Adoption of the ordinance as presented. BACKGROUND Most of the City’s Fire Fees and Fines have not been updated in at least 9 years. They do not reflect current personnel or equipment costs. They do not act as a significant deterrent to failure to comply or remain in compliance with ordinance provisions. They are not consistent with comparable provisions in the State Fire Code (The State Fire Prevention Fire Protection System Fee is minimum $150). Additionally, many provisions in the City Code related to Public Occupancies (Fire Marshal Public Occupancy License) are not consistent with the current definitions and descriptions of the National Fire Protection Associations Life Safety Code 101, potentially causing confusion and misinterpretation. ACTION REQUESTED Ordinance #2021-22 is the first part of a two part process to update Fees and Fines, revise definitions, and address various other outdated provisions of the City Code. This Ordinance (#2021-22) is step 1 and updates the Fees and Fines and revises the definitions for Public Occupancies. It is requested that the Fees and fines be effective upon adoption of the ordinance (or alternatively January 1, 2022) with the revisions to definitions to be effective July 1, 2022, the next license/permit renewal cycle. The second part of this initiative will be submitted to council later this fall and will address provisions relating to smoke detection, temporary camping, recreational vehicle parking, fireworks, massage parlors, deletion of a City Health Inspector, provisional orders and hearings, frequency of inspections, license fees that are not paid, sprinklers, and other items, which need additional meetings/conversations with planning, code enforcement, and Fire Marshal staff. This is part of an ongoing initiative to revise and update various codes and ordinances administered by the Planning, Inspections and Community Development Department. 76

Item 3. 77

Item 3. CITY OF DOVER ORDINANCE #2021-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 46 – Fire Prevention and Protection, Article IV – Public Occupancies, be amended by 5 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 6 7 Section 46-161 – Compliance required. 8 9 No person shall use or permit to be used any public occupancy structure which does not comply 10 with the most currently published edition of NFPA Life Safety Code 101. Public Occupancies shall 11 include but not be limited to: 12 13 (a) Assembly occupancy (facilities used for gathering of 50 or more people to include, but 14 not be limited to auditoriums, assembly halls, auditoriums, bowling lanes, club rooms, 15 college and university classrooms with 50 or more persons, conference rooms, 16 courtrooms, dance halls, drinking establishments, exhibition halls, gymnasiums, 17 libraries, mortuary chapels, motion picture theaters, museums, passenger stations and 18 terminals of air, surface, underground, and marine public transportation facilities, 19 places of religious worship, pool rooms, recreational piers, restaurants, skating rinks, 20 special amusement buildings, theaters) 21 22 (b) Educational occupancy (academies, kindergartens, schools) 23 24 (c) Day Care occupancy (adult, child, homes, nursery, center) 25 26 (d) Health Care occupancy (hospitals, limited care facilities, nursing homes) 27 28 (e) Ambulatory Health Care occupancy (facilities used to provide services or treatment 29 simultaneously to four or more patients that provides, on an outpatient basis, one or 30 more of the following: 31 32 1. Treatment for patients that renders the patients incapable of taking action for 33 self-preservation under emergency conditions without the assistance of others 34 35 2. Anesthesia that renders the patients incapable of taking action for self 36 preservation under emergency conditions without the assistance of others 37 38 3. Treatment for patients who, due to the nature of their injury or illness, are 39 incapable of taking action for self-preservation under emergency conditions 40 without the assistance of others.) 41 42 (f) Residential occupancy (lodging or rooming houses, hotel, dormitory, apartment 43 buildings, bed and breakfast inns, short term rentals) 44 45 (g) Residential Board and Care occupancy (group housing, facilities for social 46 rehabilitation, alcoholism, drug abuse or mental health; assisted living) 47 78

Proposed Ordinance #2021-22 – Public Occupancies Page 2 Item 3. 48 (h) Mercantile occupancy over 10,000 square feet (auction rooms, department stores, 49 drugstores, restaurants with fewer than 50, shopping centers, supermarkets) 50 51 (i) Business occupancy over 10,000 square feet (city halls, college and universities 52 instructional buildings, classrooms under 50 persons and laboratories, courthouses, 53 dentist’s office, doctor’s office, general office, outpatient clinics (ambulatory), town 54 halls) 55 56 (j) Industrial occupancy (dry-cleaning plant, factories of all kinds, food processing plants, 57 gas plants, hangars, laundries, power plants, pumping stations, refineries, sawmills, 58 telephone exchanges) 59 60 (k) Storage occupancy over 10,000 square feet (barns, bulk oil storage, cold storage, freight 61 terminals, grain elevators, hangars, parking structures, truck and marine terminals, 62 warehouses) 63 64 (l) Assembly occupancy - special provisions 1 (to include, but not be limited to outdoor 65 facilities which are not part of the normal every day operation of the building/land use 66 and are subject to a City of Dover current special event permit) 67 68 (m)Assembly occupancy - special provisions 2 (to include, but not be limited to Special 69 Amusement Buildings, carnivals, circus, fireworks, pyrotechnic displays, outdoor music 70 concerts/festivals, special events) 71 72 (Code 1981, § 7-63; Ord. of 11-22-1993; Ord. of 1-27-1997) 73 74 BE IT FURTHER ORDAINED: 75 76 That Chapter 46 – Fire Prevention and Protection, Article IV – Public Occupancies, be amended by 77 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 78 79 Section 46-164 Fees. 80 81 A person desiring the permit required by the provisions of this article shall pay the appropriate 82 permit fee as provided for in Appendix F—Fees and Fines. 83 84 (Code 1968, §§ 17-38, 17-46, 17-50, 17-54, 17-58; Code 1981, § 7-65; Ord. of 3-23-1992; Ord. of 11- 85 22-1993; Ord. No. 2009-09, 6-22-2009) 86 87 That Appendix F – Fees and Fines, Chapter 46 – Fire Prevention and Protection, be amended by 88 inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows: 89 Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Sec. 46-1. Means of egress Subsec. (f) Penalties 79

Proposed Ordinance #2021-22 – Public Occupancies Page 3 Item 3. Any exit access, exit, or exit discharge, with the exception of a $25.00 100.00 first offense locked exit door, found to be in violation of this section $50.00 200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $50.00 100.00 per device first offense; $100.00 200.00 per device second and subsequent offenses Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (ba)(1) Responsibility for malfunctioning and preventable Should the person notified alarms, owner response, and corrective action; generally fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the premises a fine of $75.00 100.00 Subsec. (ba)(2) Responsibility for malfunctioning and preventable Failure to return alarms, owner response, and corrective action; malfunction documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine of $100.00 for the fire alarm malfunction Subsec. (cb)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $75.00 100.00 Fourth alarm $100.00 200.00 Fifth alarm $200.00 250.00 All over fifth alarm, each alarm $250.00 Subsec. (cb)(2) Fine charges; multiple fire alarm malfunctions or A $25.00 50.00 fine may be preventable alarms; panel reset assessed to the owner of a premises where the fire alarm has been reset 80

Proposed Ordinance #2021-22 – Public Occupancies Page 4 Item 3. before the fire department or assisting fire department arrives. $100.00 for second or subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Subsec. (c)(1) Penalties; Any fines issued for violation of this section Not less than $25.00, nor more than $1,000.00 Article II. Fire Department Sec. 46-45 (b) 44Failure to answer alarms, orders and perform duties Fine of not less than orderly; Penalties $25.00, nor more than $1,000.00 or by suspension from the fire department or both Article III. Fire Codes Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor and the work is not being done by a professional contractor. Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $12.00 25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system; provided that a minimum fee for each permit shall be $50.00 150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $25.00 100.00 Third reinspection $50.00 200.00 Any subsequent reinspection $100.00 250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire alarm buildings per complex system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire alarm five buildings per complex system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire alarm systems 81

Proposed Ordinance #2021-22 – Public Occupancies Page 5 Item 3. Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five or less $25.00 each fire buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire suppression systems Sec. 46-127 Smoke detection devices Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $100.00 150.00 per violation, or both such penalties Article IV. Public Occupancies Sec. 46-164. Fees Churches Assembly $50.00 $100.00 Civic auditoriums Assembly-Fixed Seating $50.00 $100.00 for first 200 seats and $10.00 each additional 50 seats Clubhouses Educational $100.00 Commercial auditoriums Day Care $50.00 first 200 seats and $5.00 for each additional 50 seats $100.00 Day care facilities Heath Care $50.00 $100.00 first 25 rooms and $5.00 for each additional room Hospitals, nursing homes or rest home Ambulatory Heath Care $15.00 first ten rooms and $2.00 for each additional room $100.00 Mercantile (10,000 square feet of area or greater) Residential $50.00 $100.00 per building Outdoor public events, including but not limited to firework displays, $25.00 $100.00 carnivals, and outdoor music concerts Residential Board and Care Public office buildings Mercantile over 10,000 Sq. Ft. $50.00 $100.00 Restaurants (10,000 square feet of area or greater) Business over $50.00 $100.00 10,000 Sq. Ft. 82

Proposed Ordinance #2021-22 – Public Occupancies Page 6 Item 3. Restaurants of any size that serve alcoholic beverages Industrial $75.00 $100.00 School Storage over 10,000 Sq. Ft. $50.00 $100.00 Theaters Assembly special provisions 1 $50.00 for the first 200 seats and $5.00 for each additional 50 seats $25.00 Assembly special provisions 2 $100.00 Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection Article V. Fire Lanes Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 90 91 92 ADOPTED: * 93 S:\ClerksOffice\Ordinances\BLOCKS\Ordinance.wpd 94 95 96 SYNOPSIS 97 This ordinance amends portions of Chapter46, Fire Prevention and Protection, Article IV to revise and 98 update definitions in Section 46-161 relating to Public Occupancies to conform with current NFPA Life 99 Safety Code 101. The Ordinance also revises the provisions in Appendix F – Fees and Fines applying to 100 Chapter 46, Fire Prevention and Protection, which have not been updated in at least 9 years. 101 102 (SPONSORS: NEIL AND HUGG) 103 104 83

Proposed Ordinance #2021-22 – Public Occupancies Page 7 Item 3. 105 Actions History: 106 10/12/2021 - Scheduled for Introduction – Council Committee of the Whole 84

Item 4. American Rescue Plan Funding Strategic Framework A Strategic Positioning for Dover’s Post Pandemic Prosperity First Principles The Federal funds used to help position Kent County and Dover to prosper in the post-pandemic world from the American Rescue Act must be utilized with a focus on long term benefit to all of the citizens of Dover. The American Rescue Plan will jolt our economy back to life, put money into the hands of struggling Americans, get our children back to school safely, move COVID-19 vaccinations out more swiftly, and deliver nutrition assistance to millions of food insecure Americans. Mission Statement To ensure the City of Dover has a 21st century approach to a safer and more prosperous. Strategic Framework 1. Economic business growth and jobs  Support DDP initiatives for small businesses Downtown. $500,000  Develop Apps to encourage locals and tourists to shop, dine and get services all through Dover  Pay Cadet a summer premium.  City Marketing—DMM $125,000  Riverwalk, $1 million---Riverwalk plan may have to be done in DDP economic plan and funded in Water and state infrastructure and an EDA application. (See end of notes) 2. Housing and homelessness  Double the funding for housing repairs in CBDG and expand the eligibility for funds paid for by the new funding. $130,000  Ask the state/county to match and give significant funding for a new shelter.  Investigate buying a plot in an industrial park and steel building. City and county? $500,000 city.  Double each of the next two years the Downtown housing down payment program $200,000k  Provide aid DIMH, Central Delaware Housing Collaborative, Code Purple and People’s Place and consider other groups who may apply who work in the city. $350,000 to help with DIMH relocation. $650,000 for all other groups. 85

Item 4. 3. Support NCALL with grant totaling $665,000 over two years for the following:  Restoring Central Dover - youth and workforce development/public health $100,000  Economic Development - $165,000  CURE - $200,000  Housing Improvements - $200,000 4. Completive grants to Workforce Development nonprofits that fit our Economic plan. 5. Support to the upcoming Innovative Readiness Training (IRT), $75,000 for providing the community free health services to include, optometry, health exams, dental, veterinary care, and public health education. 6. A Citizen based infrastructure to establish long term prosperity including broadband (DDP plan) 7. Aggressively address the brown water issue. Propose an additional $2 million dollars be spent between now and 2024 to line or replace pipes and other methods to address the brown Water issue. 8. Coordinate with the County, State and EDA to bring Smart Technology to Dover. Make Downtown smart. Charging stations and broadband. $500,000 9. The framework is approximately $5,000,030. This leaves $3,000,000. $530,000 was used in this year’s budget to replace lost revenue leaving 2.47 million if these ideas were implemented. Like the framework, these are two-year projections. Other allowable items are community policing, Spotshotter type technology, ??? Strategic cooperation  10 million to build our transit center and improve transportation. Light rail plan? Can ARP be utilized to develop plan to obtain the funding?  Invest in bettering our St. Jones River and forming a Riverwalk and improved sports and recreation attractions, water and wastewater is limited by our ability to absorb the added funds and spend them by 21 DEC 2024. Other funds to be leveraged.  Economic Development Corporation, the Riverwalk was cleared as eligible under those monies.  From MSuchodolski to Everyone: 04:37 PM o True Access Capital o Wilmington Economic Development Corporation o True Access Capital is an EDA RLF & a Treasury certified Community Development Financial Institution (CDFI)  From MSuchodolski to Everyone: 04:44 PM o https://www.ecfr.gov/cgi-bin/text- idx?SID=cbd880a771e88dd1f41d32132f49d300&mc=true&node=se13.1.307_13&rgn=d iv8  That is a link to 13 CFR section 307.3- the generalized menu of "Use of Economic Adjustment Assistance". 86

Item 6. ACTION FORM PROCEEDING: Council Committee of the Whole (Legislative, Finance, and Administration Committee) DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 10/01/02021 PREPARED BY: Lisa Chase, Grant Writer SUBJECT: Proposed Approval of By-Laws – Dover Strong Fund, Inc. REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Matthew Harline, Interim City Manager EXHIBITS: Exhibit A: By-Laws for the Dover Strong Fund, Inc. EXPENDITURE REQUIRED: $3,000.00 AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): CM Legal Services (100-10-21-99-000-53032) TIMETABLE: STAFF RECOMMENDATION: Endorse the By-Laws as submitted. BACKGROUND AND ANALYSIS The following is an update for City Council about the creation of the Dover Strong Fund. According to City Solicitor Nick Rodriguez, the formation and operation of the fund does not need council approval, but the City Manager’s office wants to Council to be updated on the Fund on a regular basis. The Fund’s progress has also been reported in the Grant Writer’s monthly report to Council. The Dover Strong Fund, Inc. was formed to widen eligibility for grants and to receive donations from foundations and private citizens for City projects, such as the Parks and Recreation enhancements at Dover Park and Schutte Park. The By-Laws are written broadly enough that other special projects for which we can try to secure private funding. Many private foundations exclude municipalities for funding. Any entity applying to these foundations must have a 501 (c) 3 designation per the Internal Revenue Code of 1986, therefore City staff proceeded with formation of the Dover Strong Fund. The Dover Strong Fund formed a board in June 2021, articles were drafted and submitted to the State of Delaware on August 22, 2021, and it became incorporated on August 23, 2021. Our bylaws were reviewed by Mr. Rodriguez and approved by the DSF board on September 22, 2021. We are currently working with a private accounting firm on the IRS 1023 form, which once approved by the IRS, would establish our 501 (c) 3 designation. The goal is to have the form submitted to the IRS by the end of October. We are requesting that the IRS expedite the process, as we have several large grants we will apply for in March 2022 for possible funding for the accessible playground. We are seeking official endorsement by the Council Committee of the Whole, and ultimately the City Council because the Mayor and Council President are each empowered to appoint a member of the Board of Directors of the Dover Strong Fund, Inc., with the advice and consent of the City Council. Currently Councilman Gerald Rocha has been serving during this formation period. It is entirely appropriate for an elected official to serve, but it is not be required. Moreover, the vision for this nonprofit is to remain supportive of City projects, although it will remain a separate legal entity. 87

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 BYLAWS of DOVER STRONG FUND INC. 88

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 The Dover Strong Fund INC. Bylaws ARTICLE I NAME AND PURPOSE Section 1.01 Name. The name of the corporation is Dover Strong Fund INC. and hereinafter referred to as the “Corporation”), incorporated under the State of Delaware Nonprofit statutes. Section 1.02 Purpose. The Corporation is formed exclusively for charitable, scientific and educational purposes, all within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as the same may be amended or modified or replaced by any future United States internal revenue law (the “Code”). In particular, the Corporation will work in close partnership with the City of Dover to positively affect its civic and philanthropic community by, among other things, encouraging cross sector collaboration to achieve improved community health, quality of life and resilience, and, through improved coordination and shared purpose, provide an entry point for people to become involved and active in their communities and supporting projects. In furtherance thereof: (a) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its Directors, officers, or other persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered by outside vendors or designated city employee to administer corporation, and to make payments and distributions in furtherance of the purposes set forth herein; (b) No part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not -1- 89

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 participate in, or intervene in (including the publishing or distribution of statements) of any political campaign on behalf of any candidate for public office. (c) Notwithstanding any other provision of these bylaws (the “Bylaws”), the Corporation shall not carry on any other activities not permitted to be carried on: (a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Code (or the corresponding provision of any future United Stated Internal Revenue Law) or (b) by a corporation exempt from Federal income tax, contributions to which are deductible under Section 170(c)(2) of the Code (or the corresponding provision of any future United States Internal Revenue Law). Section 1.03 Corporate Powers. The Corporation shall have all the powers granted by the Act, including the power to purchase, take, receive, lease as lessee, take by gift, devise or bequest, or otherwise acquire, and to own, hold, use or otherwise deal in and with any real or personal property, or any interest therein, in or out of the State of Delaware. ARTICLE II DIRECTORS Section 2.01 Number, Election, Term of Office, and Ex-Officio, Honorary and Emeritus Directors. (a) Number. The affairs of the Corporation shall be managed by a Board of Directors. The number of Directors which shall constitute the full Board of Directors shall be fixed by the Board of Directors from time to time, but in no event shall be fewer than three (3), and greater than thirteen (13). -2- 90

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 (b) Election. Directors shall be elected by the then serving Directors. Except as otherwise provided in these Bylaws, each Director shall have one vote on any matter submitted to the Board of Directors. Of the Directors described above, one Director shall be appointed by the Major, and one Director shall be appointed by the President of the City Council. Both of these Directors appointed by the elected officials of the City of Dover shall require the consent of a majority of the Dover City Council. (c) Term of Office. Each Director shall serve for a term of three (3) years, and each Director may serve two (2) consecutive three (3) year terms. A former Director who has not been a Director for at least one (1) year may again serve as a Director for two consecutive terms. The Directors shall be classified in respect to the expiration of the respective terms for which all Directors are elected to hold office. There shall be three such classes and each class shall be as nearly equal in number as possible. The classes shall be arranged so that the term of approximately one-third of the total number of Directors will expire at the conclusion of each annual meeting of the Board. Each Director shall hold office from the time of his/her election but shall be responsible as a Director from such time only if he/she consents to his/her election; otherwise from the time he/she accepts office or attends his/her first meeting of the Board. Each Director shall serve until his/her term expires, and thereafter until his/her successor is duly elected, or until his/her earlier death or resignation. (d) Ex-Officio Directors. An ex-officio Director serves on the Board by virtue of his or her official position or designation. Notwithstanding the preceding subparagraph (c) (relating to term of office), he or she shall remain an ex-officio Director until he or she no longer holds the official position or designation which is the basis of the ex-officio membership. An Ex-officio Director shall have full voting rights on all matters before the Board or any committee thereof, except as otherwise required by law. The ex-officio member of the Board of this Corporation shall be the City Manager of the City of Dover, DE and/or his or her designee. -3- 91

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 (e) Honorary and Emeritus Directors. By the vote of a majority of the Board, the Board shall be empowered to appoint persons to the position of Honorary or Emeritus Director. Honorary Director positions may be created to recognize individuals whose strong interest, talents, or skills would be of special benefit to the Corporation. Emeritus Director positions may be created to recognize persons of long-standing service to the Corporation. Each Honorary or Emeritus Director may be invited to attend regular and special meetings of the Board, as well as community and social functions, and to serve on one or more committees of the Board, as determined by a majority of the Board. Honorary and Emeritus Directors shall have no voting rights or other rights, powers, privileges or immunities except as specified by the Board of Directors. In addition, they shall not be entitled to call special meetings of the Board and shall not be counted in determining a quorum. (f) All board members must work, reside or own property within the corporate limits of the City of Dover. Corporate limits pertains to all land, structures and open space that has been annexed into the City’s jurisdiction. Section 2.02 Regular Meetings; Notice. Regular meetings of the Board of Directors shall be held at such time and place as shall be designated by the Board of Directors from time to time. There shall be at least one (1) regular meeting of the Board per year. Notice of such regular meetings shall not be required, except as otherwise expressly required herein or by law, and except that whenever the time or place of regular meetings shall be initially fixed and then changed, notice of such action shall be given promptly by telephone, facsimile, e-mail or otherwise to each Director not participating in such action. Any business may be transacted at any regular meeting. Section 2.03 Annual Meeting of the Board. One regular meeting of the Board of Directors shall be designated the annual organization meeting at which the Board shall organize itself and elect the Executive Officers of the Corporation for the ensuing year and may transact any other business. -4- 92

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 2.04 Special Meetings; Notice. Special meetings of the Board of Directors may be called at any time by the Chair or by a majority of the Directors, to be held at such place and day and hour as shall be specified by the person or persons calling the meeting. Notice of every special meeting of the Board of Directors shall be given by the Secretary to each Director at least three (3) days before the meeting. Except as otherwise provided herein or required by law, any business may be transacted at any special meeting regardless of whether the notice calling such meeting contains a reference thereto. Section 2.05 Waiver of Notice. Notice of any meeting of the Board of Directors may be waived in writing signed by the person or persons entitled to the notice either before or after the time of the meeting. Such waivers of notice are to be filed by the Secretary with the records of the meeting. Attendance of a Director at any meeting shall constitute a waiver of notice of such meeting except where the Director attends for the sole purpose of objecting to the holding of such meeting. Section 2.06 Quorum. At all meetings of the Board of Directors, the presence of at least a majority of the Directors in office shall be necessary and sufficient to constitute a quorum for the transaction of business. If a quorum is not present at any meeting, the meeting may be adjourned from time to time by a majority of the Directors present until a quorum as aforesaid shall be present, but notice of the time and place to which such meeting is adjourned shall be given to any Directors not present either by being sent by facsimile or e-mail or given personally or by telephone at least eight hours prior to the hour of reconvening. Section 2.07 Actions. Resolutions of the Board shall be adopted, and any action of the Board upon any matter shall be valid and effective, with the affirmative vote of a majority of the Directors present at a meeting duly convened and at which a quorum is present. The Chair, if one has been elected and is present, or if not, a Director designated by the Board, shall preside at each meeting of the Board. The Secretary, or in his/her absence any Director, shall be responsible for ensuring that the minutes at all meetings of the Board of Directors are recorded in some reasonable manner. In the absence of the Secretary, the presiding officer shall designate any person to take the minutes of the meeting. -5- 93

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 2.08 Meetings by Electronic Communication. One or more Directors may participate in any regular or special meeting of the Board of Directors or of a committee of the Board of Directors by means of conference telephone, computer or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting in this manner by a Director will be considered to be attendance in person for all purposes under these Bylaws. Section 2.09 Unanimous Consent. Any action required or permitted to be taken by the Board of Directors or a committee of the Board of Directors may be taken without a meeting, if all members of the Board or the committee consent in writing to the adoption of a resolution authorizing the action. The resolution and the written consents thereto by the members of the Board or such committee shall be filed with the Secretary of the Corporation along with the minutes of the proceedings of the Board or of such committee. Section 2.10 Resignations. Any Director may resign by submitting his/her resignation to the Secretary. Such resignation shall become effective upon its receipt by the Secretary or as otherwise specified therein. Section 2.11 Procedure for Removal of Directors. If there are actual or apparent failures to disclose conflict(s) of interest pending or accused breach(es) of the Code of Ethics or other Board policies and procedures of the Corporation adopted from time to time, the Chair (subject to the conflict of interest procedures set forth in Article VIII herein) will gather pertinent information about the matter, seek any necessary legal counsel, and present that information to the Board of Directors, excluding the person(s) involved in the matter. The Board will review all information provided and will, by majority vote of all disinterested Board members, choose to either 1) take no action with respect to the matter or 2) create an ad-hoc committee to further review the matter and make a recommendation as to appropriate corrective actions. The recommendations of the ad-hoc committee may range from no action to removal of the involved Board member(s). The recommendation of the ad-hoc committee must be approved by a majority of Board members; provided, however, that a recommendation to -6- 94

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 remove a Board member must be approved by a supermajority of consisting of 75% or more of the Board members, excluding the Board member upon which such action is being taken. Section 2.12 Vacancies. Any vacancy that shall occur in the Board of Directors by reason of death, resignation, increase in the number of Directors or any other cause shall be filled by a majority of the then members of the Board, whether or not a quorum. Each person so elected shall be a Director until the expiration of his/her term as determined at the time of his/her election or until his/her prior death or resignation. Section 2.13 Compensation. Directors shall receive no compensation as such but may be reimbursed for reasonable expenses incurred in attending meetings or otherwise on behalf of the Corporation. Directors shall comply with the Corporation’s established policies and procedures regarding reimbursement of travel and allowable business expenses. ARTICLE III COMMITTEES Section 3.01 Committees. By resolution adopted by a majority of the whole Board, standing or temporary committees consisting of at least two (2) Directors may be appointed by the Board of Directors from time to time. Committees may include members that are not Directors of the Corporation. Each such committee shall have and exercise such authority of the Board of Directors in the management of the business and affairs of the Corporation as the Board may specify from time to time, which, to the extent permitted by the Act, may include any action which the Act provides shall or may be taken by the Board of Directors. Section 3.02 Executive Committee. The Board of Directors may appoint an Executive Committee to consist of the Chair and as many other members as the Board shall determine. Except as may be otherwise provided in the resolution designating such Committee, the Executive Committee shall have and may exercise, during the intervals between meetings of the Board of Directors, all of the -7- 95

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 powers of the Board of Directors except that the Executive Committee shall not have the power to award contracts, make purchases or obligate funs in excess of One Thousand Dollars ($1,000), amend or repeal these Bylaws or to adopt new Bylaws; to fill vacancies in, change the number of, or remove members of the Board of Directors; or to dissolve, remove members or change the number of, or fill vacancies in the Executive Committee; or to amend or repeal any resolution of the Board of Directors which by its terms shall not be amendable or repealable. It shall be the duty of the Executive Committee to supervise the operations of the Corporation between meetings of the Board. Any actions of the Executive Committee shall be ratified by the Board of Directors at its meeting next following the action. The Executive Committee may, in its discretion, delegate to the Chair of the Corporation or to a subcommittee details of operation or expenditures of the Corporation. Section 3.03 Standing Committees. The Board may adopt standing committees in addition to the Executive Committee in accordance with the terms of these Bylaws. Such standing committees may, but need not, include a Nominating Committee, an Audit Committee, and an Investment Committee. Section 3.04 Nominating Committee. If a Nominating Committee is appointed, such committee shall be responsible for reviewing and recommending candidates for Directors and officers of the Corporation. Except as otherwise set forth in these Bylaws, the Nominating Committee may set its own regulations and procedures. Section 3.05 Audit Committee. If an Audit Committee is appointed, such committee shall have the responsibility of overseeing the reporting of the finances of the Corporation. The Audit Committee shall select an independent auditor for the Corporation and review and approve the periodic reports of such independent auditor. The Audit Committee shall also implement procedures to ensure adequate controls of the financial procedures of the Corporation. Except as otherwise set forth in these Bylaws, the Audit Committee may set its own regulations and procedures. -8- 96

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 3.06 Investment Committee. If an Investment Committee is appointed, the Investment Committee, without further approval of the Directors or the Executive Committee, shall be responsible for the investment and reinvestment of funds and the purchase and sale of securities constituting the endowment or designated endowment of the Corporation, and shall prescribe and approve the investment policies for any investment agents acting for the Corporation. In carrying out its responsibility for the investment and reinvestment of funds and the purchase and sale of securities constituting the endowment or designated endowment of the Corporation, the Investment Committee shall give the Chair, Treasurer and City Manager and his/her designee, such authority as is necessary to carry out the decisions of the Committees. Except as otherwise set forth in these Bylaws, the Investment Committee may set its own regulations and procedures. Section 3.07 Environmental, Social and Governance Committee. If an Environmental, Social and Governance Committee is appointed, such committee shall be responsible for the Corporation’s ongoing commitment to environmental, health and safety, corporate social responsibility, corporate governance, sustainability, and other public policy matters relevant to the Corporation. Except as otherwise set forth in these Bylaws, the Environmental, Social and Governance Committee may set its own regulations and procedures. Section 3.08 Quorum and Actions. At all meetings of a committee, the presence of at least a majority of the members of such committee shall be necessary and sufficient to constitute a quorum for the transaction of business. Resolutions of a committee shall be adopted, and any action of the committee upon any matter shall be valid and effective, with the affirmative vote of a majority of the members of the committee present at a meeting duly convened and at which a quorum is present. Section 3.09 Authority of Board. Any action taken by any committee shall be subject to alteration or revocation by the Board of Directors; provided, however, that third parties shall not be prejudiced by such alteration or revocation. -9- 97

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 3.10 Committee Rules. Unless the Board of Directors provides otherwise by resolution, each committee shall conduct its business and take action in the same manner as the Board conducts its business pursuant to these Bylaws. ARTICLE IV LIABILITY AND INDEMNIFICATION Section 4.01 Personal Liability of Directors and Officers. (a) Elimination of Liability. To the fullest extent that the laws of the State of Delaware, as now in effect or as hereafter amended, permit elimination or limitation of the liability of directors or officers, no Director or officer of the Corporation shall be personally liable for monetary damages as such for any action taken, or any failure to take any action, as a Director or officer. (b) Nature and Extent of Rights. The provisions of this Section shall be deemed to be a contract with each Director and officer of the Corporation who serves as such at any time while this Section is in effect and each such Director and officer shall be deemed to be so serving in reliance on the provisions of this Section. Any amendment or repeal of this Section or adoption of any Bylaw or provision of the Articles of the Corporation which has the effect of increasing director or officer liability shall operate prospectively only and shall not affect any action taken, or any failure to act, prior to the adoption of such amendment, repeal, Bylaw or provision. Section 4.02 Indemnification. (a) Right to Indemnification. (1) As used herein, the word “Action” shall mean any action, suit or proceeding, administrative, investigative or other, (i) to which such person is a party (other than -10- 98

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 an action by the Corporation) or (ii) in connection with which such person is not a party but is a witness, subject to investigation or otherwise involved, in either case by reason of such person being or having been a Director or officer of the Corporation. (2) Unless in a particular case indemnification would jeopardize the Corporation's tax exempt status under Section 501(a) of the Code or result in the Corporation's failure to be described in Section 501(c)(3) of the Code, and except as prohibited by law, each Director and officer of the Corporation shall be entitled as of right to be indemnified by the Corporation against expenses and any liability paid or incurred by such person (i) in the defense of any Action to which such person is a party or (ii) in connection with any other Action. (3) A person who is not a Director or officer of the Corporation may be similarly indemnified in respect of service to the Corporation to the extent the Board at any time designates such person as entitled to the benefits of this Section. (4) As used in this Section, “indemnitee” shall include each Director and each officer of the Corporation and each other person designated by the Board as entitled to the benefits of this Section; “liability” shall include amounts of judgments, excise taxes, fines, penalties and amounts paid in settlement; and “expenses” shall include fees and expenses of counsel incurred by the indemnitee only (i) if the Corporation has not at its expense assumed the defense of the Action on behalf of the indemnitee with reputable and experienced counsel selected by the Corporation, or (ii) if it shall have been determined pursuant to Section (c) hereof that the indemnitee was entitled to indemnification for expenses in respect of an Action brought under that Section. (b) Right to Reimbursement of Expenses. Unless in a particular case of reimbursement of expenses would jeopardize the Corporation's tax exempt status under Section 501(a) of the Code or result in the Corporation's failure to be described in Section 501(c)(3) of the Code, every indemnitee shall be entitled as of right to have his/her -11- 99

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 expenses in defending any Action reimbursed by the Corporation, as incurred, provided that the board members of the Corporation agree to the action beforehand, and the indemnitee presents a receipt of the expenses incurred to the City Manager and/or his or her designee. The incurred expenses must be directly tied to the work and mission of the Corporation. (c) Right of Indemnitee to Initiate Action; Defenses. (1) If a written claim under paragraph (a) or paragraph (b) of this Section is not paid in full by the Corporation within thirty days after such claim has been received by the Corporation, the indemnitee may at any time thereafter initiate an action to recover the unpaid amount of the claim and, if successful in whole or in part, the indemnitee shall also be entitled to be paid the expense of prosecuting such action. (2) The only defenses to an action to recover a claim for indemnification otherwise properly asserted under paragraph (a) shall be (i) that the indemnitee's conduct was such that under applicable law the Corporation is prohibited from indemnifying the indemnitee for the amount claimed, or (ii) that indemnification would jeopardize the Corporation's tax exempt status under Section 501(a) of the Code or result in the Corporation's failure to be described in Section 501(c)(3) of the Code, but the burden of proving any such defense shall be on the Corporation. (3) The only defense to an action to recover a claim for advancement of expenses otherwise properly asserted under paragraph (b) shall be (i) that advancement of expenses would jeopardize the Corporation’s tax exempt status under Section 501(a) of the Code or result in the Corporation’s failure to be described in Section 501(c)(3) of the Code, or (ii) that the indemnitee failed to provide the undertaking required by paragraph (b), but the burden of proving any such defense shall be on the Corporation. -12- 100

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 (d) Non-Exclusivity; Nature and Extent of Rights. The rights to indemnification and advancement of expenses provided for in this Section shall (i) not be deemed exclusive of any other rights to which any indemnitee may be entitled, (ii) be deemed to create contractual rights in favor of each indemnitee who serves the Corporation at any time while this Section is in effect (and each such indemnitee shall be deemed to be so serving in reliance on the provisions of this Section), and (iii) continue as to each indemnitee who has ceased to have the status pursuant to which he/she was entitled or was designated as entitled to indemnification under this Section and shall inure to the benefit of the heirs and legal representatives of each indemnitee. (e) Insurance. The Corporation may purchase and maintain insurance to protect itself and any such Director, officer or other person against any liability asserted against him or her and incurred by him or her in respect of such service whether or not the Corporation would have the power to indemnify him or her against such liability by law or under the provisions of this Section. The provisions of this Section shall be applicable to actions, suits or proceedings commenced after the adoption hereof, whether arising from acts or omissions occurring before or after the adoption hereof, and to directors, officers and other persons who have ceased to render such service, and shall inure to the benefit of the heirs, executors and administrators of the directors, officers and other persons referred to in this Section. ARTICLE V OFFICERS AND EMPLOYEES Section 5.01 Executive Officers. The Executive Officers of the Corporation shall be the Chair, Vice Chair, and Secretary/Treasurer, all of whom, shall be elected by the Board of Directors. Except for the office of the Chair and Vice Chair, any two or more offices may be held by the same -13- 101

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 person. The Chair, Vice Chair, Secretary and Treasurer shall serve for a term of one (1) year, and thereafter until his/her successor is duly elected, or until his/her death or resignation. Section 5.02 Additional Officers; Other Agents and Employees. The Board of Directors may from time to time appoint or employ such additional officers, assistant officers, agents, employees and independent contractors as the Board deems advisable; the Board or the Chair shall prescribe their duties, conditions of employment and compensation; and the Board shall have the right to dismiss them at any time, without prejudice to their contract rights, if any. The Chair and City Manager and/her designee may employ from time to time such other agents, employees and independent contractors as he/she may deem advisable for the prompt and orderly transaction of the business of the Corporation, and he/she may prescribe their duties and the conditions of their employment, fix their compensation and dismiss them at any time, without prejudice to their contract rights, if any. Section 5.03 The Chair. The Chair of the Board, if any, shall be elected from among the Directors, shall preside at all meetings of the Board as provided herein, and shall have such other powers and duties as from time to time may be prescribed by the Board. The Chair shall be an ex officio member of all standing committees, entitled to vote thereon. In the absence or disability of the Chair, the Vice Chair shall have the powers and perform the duties of the Chair. Section 5.04 The Vice Chair. The Vice Chair may be given by resolution of the Board general executive powers, subject to the control of the Chair, concerning one or more or all segments of the operations of the Corporation. The Vice Chair shall exercise such further powers and duties as from time to time may be prescribed in these Bylaws or by the Board of Directors or the Chair. At the request of the Chair or in his/her absence or disability, the Vice Chair shall exercise the powers and duties of the Chair. Section 5.05 The Secretary and Treasurer. It shall be the duty of the Secretary (a) to keep an original or duplicate record of the proceedings of the Board of Directors, and a copy of the Articles and of the Bylaws; (b) to give such notices as may be required by law or these Bylaws; (c) to be custodian of -14- 102

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 the corporate records and of the seal of the Corporation and see that the seal is affixed to such documents as may be necessary or advisable; and (d) to exercise all powers and duties incident to the office of Secretary; and such further powers and duties as from time to time may be prescribed in these Bylaws or by the Board of Directors or the Chair. The Secretary by virtue of his/her office shall also be the Treasurer. It shall be the duty of the Treasurer (a) to keep the Corporation's contracts, insurance policies, leases, deeds and other business records; (b) to see that the Corporation's lists, books, reports, statements, tax returns, certificates and other documents and records required by law are properly prepared, kept and filed; (c) to be the principal officer in charge of tax and financial matters, budgeting and accounting of the Corporation; (d) to have charge and custody of and be responsible for the Corporation's funds, securities and investments; (e) to receive and give receipts for checks, notes, obligations, funds and securities of the Corporation, and deposit monies and other valuable effects in the name and to the credit of the Corporation, in such depositories as shall be designated by the Board of Directors; (f) to cause the funds of the Corporation to be disbursed by payment in cash or by checks or drafts upon the authorized depositories of the Corporation, and to cause to be taken and preserved proper vouchers for such disbursements; (g) to render to the Chair and the Board of Directors whenever they may require it an account of all his/her transactions as Treasurer, and reports as to the financial position and operations of the Corporation; (h) to keep appropriate, complete and accurate books and records of account of all the Corporation's business and transactions; and (i) to exercise all powers and duties incident to the office of Treasurer; and such further duties from time to time as may be prescribed in these Bylaws or by the Board of Directors or the Chair. At the direction of the Treasurer or in his/her absence or disability, an Assistant Treasurer shall exercise the powers and duties of the Treasurer. Section 5.06 Removal. Any officer or agent elected or appointed by the Board may be so removed by the Board, with or without cause, without prejudice, however, to any contract rights the person removed may have. -15- 103

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 5.07 Vacancies. Any vacancy in any office or position by reason of death, resignation, removal, disqualification, disability or other cause shall be filled in the manner provided in this Article V for regular election or appointment to such office. Section 5.08 Delegation of Duties. The Board of Directors may in its discretion delegate for the time being the powers and duties, or any of them, of any officer to any other person whom it may select. Upon authorization by the Board of Directors, an officer may delegate performance of specific duties to employees and agents of the Corporation. ARTICLE VI MISCELLANEOUS CORPORATE TRANSACTIONS AND DOCUMENTS Section 6.01 Execution of Notes, Checks, Contracts and Other Instruments. All notes, bonds, drafts, acceptances, checks, endorsements (other than for deposit), guarantees and all evidences of indebtedness of the Corporation whatsoever, and all deeds, mortgages, contracts and other instruments requiring execution by the Corporation, shall be signed by the City Manager or his/her designee and the Chair. Facsimile signatures on checks may be used if authorized by the Board of Directors. Section 6.02 Voting Securities Owned by Corporation. Securities owned by the Corporation and having voting power in any other corporation shall be voted by the Chair or Vice Chair, unless the Board or the Investment Committee, if it is formed, confers authority to vote with respect thereto, which may be general or confined to specific investments, upon some other person. Any person authorized to vote such securities shall have the power to appoint proxies, with general power of substitution. ARTICLE VII GENERAL PROVISIONS Section 7.01 Offices. The principal business office of the Corporation shall be at City Manager’s Office, City Hall, The City of Dover, 15 Loockerman Plaza, Dover, DE 19901. -16- 104

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 Section 7.02 Fiscal Year. The fiscal year of the Corporation shall end on June 30th. ARTICLE VIII CONFLICTS OF INTEREST Section 8.01 Disclosure. In connection with any actual or possible conflict of interest, an interested person must disclose the existence and nature of his/her or her financial interest to the Directors and any relevant committee members. For this purpose, an interested person shall include any Director, officer, or member of a committee of the Corporation or an entity affiliated with the Corporation who has a direct or indirect financial interest in a proposed transaction. A financial interest shall include: (a) an ownership or investment interest in any entity with which the Corporation has a proposed transaction or arrangement; (b) a compensation arrangement with the Corporation or with any entity or individual with which the Corporation has a proposed transaction or arrangement; and (c) a potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Corporation is negotiating a transaction or arrangement. A Director or member of a committee shall not be deemed to have a possible conflict of interest solely by reason of serving, or having served, on the Board of Directors of any corporation affiliated with the Corporation. Section 8.02 Recusal and Investigation. After disclosure of the financial interest, the interested person shall leave the Board or committee meeting while the financial interest is discussed and voted upon. The remaining Directors or committee members shall decide if a conflict of interest exists. If a conflict of interest exists, the following procedures shall be followed: (a) the Chair, if one shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement; (b) after exercising due diligence, the Directors or committee shall determine whether the Corporation could obtain a more advantageous transaction or arrangement with reasonable efforts from a person or entity that would not give rise to a conflict of interest; and (c) if a more advantageous transaction or arrangement is not reasonably attainable, the Directors or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement -17- 105

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 is in the Corporation’s best interests and for its own benefit and whether the transaction is fair and reasonable to the Corporation and shall decide as to whether to enter into the transaction or arrangement in conformity with such determination. Section 8.03 Failure to Disclose. If a Director or committee member has reasonable cause to believe that an interested person has failed to disclose actual or possible conflicts of interest, he/she shall inform the interested person of the basis of such belief and afford the interested person an opportunity to explain the alleged failure to disclose. If, after hearing the response of the member and making such further investigation as may be warranted in the circumstances, the Directors or committee determine that the interested person has in fact failed to disclose an actual or possible conflict of interest, the Directors shall take appropriate steps to protect the Corporation. Section 8.04 Record of Actions. The minutes of the Board and all relevant committees shall contain the following: (a) the names of persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the Directors’ or committee’s decision as to whether a conflict of interest in fact existed; and (b) the names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection therewith. Section 8.05 Annual Statements. Each interested person shall annually sign a statement that affirms that such person (a) has received a copy of the conflicts of interest policy, (b) has read and understands the policy, (c) has agreed to comply with the policy, and (d) understands that the Corporation is a charitable organization and that in order to maintain its federal tax exemption it must engage primarily in activities that accomplish one or more of its tax-exempt purposes. This policy shall be reviewed annually for the information and guidance of members of the Board, and any new member shall be advised of the policy upon entering on the duties of his/her office. In addition, the Corporation -18- 106

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 shall conduct periodic reviews of its activities, including any transactions or arrangements with interested persons, to ensure that its activities in the aggregate promote and further the Corporation’s exempt charitable, scientific, and educational purposes. ARTICLE IX AMENDMENTS Section 9.01 Amendments. These Bylaws may be amended, altered or repealed, and new bylaws may be adopted, by the Board of Directors at any special meeting (as defined in Section 2.04), provided, however, that written notice of the proposed change shall have been given to the Directors in the notice of the meeting and such notice shall have been given to each Director at least 2 days before the meeting. Except as specifically set forth in Article IV, no provision of these Bylaws shall vest any property or contract right in any person. ARTICLE X Dissolution Clause Section 1 In the event of dissolution of this corporation, or in the event it shall cease to carry out the objectives and purposes herein set forth, all business, property, and assets of the corporation shall go and be distributed to one or more such nonprofit corporations or municipal corporations as may be selected by the Board of Directors of the corporation, to be used for, and devoted to, the purpose of carrying on a nonprofit effort serving low-income persons or other purpose to promote the general social welfare of the community, within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code. In no event shall any of the assets or property, in the event of dissolution thereof, go or be distributed to individuals, either for the reimbursement of any sum subscribed, donated, or contributed by such individuals or for any other purposes, provided that nothing herein shall prohibit the corporation from paying its just debts. -19- 107

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 ARTICLE XI Pecuniary Profit Clause Section 1 The corporation is not organized for pecuniary profit and shall have no power to declare dividends. No part of its net earnings shall inure to the benefit of any director, or individual, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this paragraph. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law), or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law). * * * -20- 108

Exhibit A Item 6. BYLAWS FOR DOVER STRONG FUND INC. EIN# 87-2024038 -21- 109

Item 7. City of Dover, DE Investment Policy Statement Dated October 25, 2021 110

Item 7. 1.0 Governing Authority It is the policy of the City of Dover to invest public funds under its control in a manner that will provide the highest investment return consistent with the maximum safety of principal, while meeting cash flow needs of the City. The investment program shall conform to all state and local statutes governing the investment of public funds. 2.0 Scope This Investment Policy Statement (the “Policy”) applies to all financial assets of the City of Dover for which the City retains direct or indirect daily control. Funds for which the City has retained outside fund manager(s) shall also be governed by this Policy or, in the case of bond proceeds, related governing bond documents. 2.1 Accounts 2.1.1 Cash and Liquidity Accounts: The majority of the City’s cash balance available for investment is maintained in the cash and liquidity accounts. These accounts will be managed and invested by investment managers, selected by the City Council through competitive bid, in order to maximize the return to the City while, at the same time, providing for safety of principal and sufficient liquidity for the City to meet its cash needs. The City will manage its short-term investments to ensure sufficient liquidity and prevent their premature sale for the purpose of covering expenditures. Short-term investments should mature at face value in sufficient amounts to meet any liquidity needs. 2.1.2 Reserve Cash (Intermediate) Account: To the extent cash is not expected to be needed on short notice, the City shall invest such funds in the Reserve Cash Account. This fund shall be managed and invested by an investment manager or managers, selected by the City Council after a competitive bid, in order to maximize the return on said money to the City while providing for the safety of principal. All of the City of Dover’s funds are accounted for in its Comprehensive Annual Financial Report. Those funds to which this Policy applies include (excluding the Deferred Compensation Plan and Pension Trusts): 2.2 Funds 2.2.1 General Fund 2.2.2 Capital Project Funds 2.2.3 Special Revenue Funds 2.2.4 Enterprise Funds 2.2.5 Internal Service Funds 2.2.6 Any new fund created by the City Council, unless specifically exempted 3.0 Objectives The primary objectives of the City of Dover’s investment activities, in order of importance shall be: Investment Policy Page 2 of 16 111

Item 7. 3.1 Safety Preservation of principal is the foremost objective of the investment program. To attain this objective, funds shall be diversified among securities of high credit quality and liquidity, so that risk of loss of principal is minimized. 3.2 Liquidity The City’s investments shall be made for such periods as to enable the City to meet all operating requirements that may be scheduled or reasonably anticipated. 3.3 Return on Investments A goal of the investment program shall be to maximize investment return within the constraints of Sections 3.1 and 3.2. 4.0 Delegation of Authority Authority to manage the City of Dover’s investment program is derived from this Policy, which is approved by City Council, and “Dover Code, PART I, Subpart A, Article II, Section 17" (attachment B) which states in part that “The Controller/Treasurer shall be the custodian of all of the City funds.” The City’s Controller/Treasurer shall: 1) Review this Policy annually and recommend changes, if any, to City Council; 2) Be charged with implementing the Policy, and may delegate authority to make investments to an investment advisor. The Controller/Treasurer shall be responsible for all investment transactions and shall establish controls to regulate the activities of the investment advisor, if any. 3) Ensure that records of the City’s investment activities are kept for ten years. 5.0 Prudence, Ethics and Conflicts of Interest Any official of the City or investment advisor/manager empowered to make investments on behalf of the City of Dover shall comply with the following: 5.1 “Prudent Person” Rule Investment decisions shall be made with the judgment and care which persons of reasonable intelligence, under circumstances prevailing at the time the investment is made, would exercise in the management of their own investments assuming that their objectives are those shown in Section 3.0 of this policy. 5.2 Ethics and Conflict of Interest The delegate authorized to make City investments shall act at all times in an ethical manner, and shall not engage in activity that could impair or be perceived to impair their ability to make impartial investment decisions. They shall disclose to the Mayor and City Council any material interests in financial institutions with which the City has financial dealings, and which may be related to the performance of the investment program. Employees and officers shall refrain from undertaking personal investment transactions with the same individual(s) with whom business is conducted on behalf of the City. Investment Policy Page 3 of 16 112

Item 7. 6.0 Authorized Institutions and Dealers All broker/dealers that desire to become qualified for investment transactions with the City shall meet the following: 1. Primary dealers and regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule) 2. Capital of at least $25,000,000 or capital of $5,000,000 for firms incorporated in the State of Delaware 3. Registered as a dealer under the Securities Exchange Act of 1934 4. Member of the Financial Industry Regulatory Authority (FINRA) 5. Registered to sell securities in the State of Delaware 6. Engaged in the business of effecting transactions in U.S. government, federal agency, and corporate securities for at least five (5) consecutive years To the extent the City utilizes the services of an outside Investment Advisor, it shall be the responsibility of the Investment Advisor to maintain an approved list of brokers. 7.0 Safekeeping and Custody To ensure that securities are deposited in an eligible financial institution prior to the release of funds, all trades of marketable securities will be executed by delivery vs. payment (“DVP”). Further, all securities will be held by an independent third-party custodian, in the name of the City, and evidenced by safekeeping receipts in the City’s name. The custodian shall provide daily confirmation of held securities as well as a monthly transactions and holdings report. 8.0 Authorized Investments and Trading of Securities The Controller/Treasurer or authorized delegate may invest only in the types of securities listed below. The maximum stated maturity of any security shall be limited to 10 years at settlement, unless otherwise stated. The maximum average maturity of the portfolio shall be seven years. For asset backed and Agency mortgage backed securities, the maximum maturity shall be defined as the weighted average life (“WAL”). WAL is a convention that estimates the expected weighted amount of time, in years, for the principal amount of an issue to be fully paid. For Agency mortgage backed securities, WAL shall be limited to 10 years, measured at the settlement date, provided by Bloomberg Financial Markets. For asset backed securities, the average life must not exceed two years, except for such securities that are subject to periodic reset of coupon or interest rate - - these may have an average life not to exceed three years. 8.1 United States Government Securities Marketable securities issued by the U.S. Government and supported by the full faith and credit of the U. S. Treasury either by statue or an opinion of the attorney general of the United States. The maximum maturity shall be limited to 10 years. Up to 100% of the portfolio may be invested in this sector. 8.2 Government Agency Securities Debt securities issued by government-sponsored enterprises (“GSE”), federal agencies, federal financing banks, and instrumentalities of the U.S. Government. Investment Policy Page 4 of 16 113

Item 7. The maximum maturity shall be limited to 10 years. Up to 50% of the portfolio may be invested in this sector, with a maximum of 20% in any one issuer. 8.3 Certificates of Deposit and Time Deposits 8.3.1 Domestic Institutions: Issued or endorsed by a domestic bank, or a savings and loan association, organized and supervised under the laws of the United States and denominated in U.S. dollars; provided, however, that deposits are fully insured or guaranteed by the Federal Deposit Insurance Corporation (“FDIC”). If not insured by the FDIC:  The banking institution must have assets of not less than $5 billion; and  Issuers must have a short-term rating in the highest category by Standard & Poor’s, Moody’s, or Fitch and a long-term rating of at least the “A” category by Standard & Poor’s, Moody’s, or Fitch. The maximum maturity of any investment in this sector shall be limited to 10 years at trade settlement. This sector shall not exceed 25% of the total portfolio. No single issuer shall exceed 5% of the City’s portfolio. 8.3.2 Delaware-Domiciled Institutions: Issued by or endorsed by any bank or savings association domiciled in the State of Delaware and organized and supervised under federal or State of Delaware banking laws which does not meet the requirements of Section 8.3.1 hereto; provided, however, that:  For each of the latest two years, the bank or association has had a return on total average assets of 0.50% or greater and an average capital ratio (defined as total equity capital to total assets) of at least 1 to 20, or the instrument is secured as set forth in Section 9, “Collateralization of City Deposits,” hereto; and  Not more than the lesser of $10 million or 25% of an issuer’s total equity capital, may be invested in any one issuer. (Investments due to mature in one business day may be excluded from the computation of this percentage.)  The Board expressly affirms that, consistent with these guidelines, Delaware banks and savings associations should be considered as a source of investment.  The maximum stated maturity of any investment in this sector shall be limited to 10 years at time of purchase. This sector shall not exceed 20% of the total portfolio. No single issuer shall exceed 5% of the City’s portfolio. 8.4 Corporate Debt Instruments Such instruments include commercial paper bankers’ acceptances, and non- convertible senior debt securities (bonds and debentures). 8.4.1 Corporate securities must be denominated/issued in US dollars. Many foreign corporations issue debt/securities in the US market, in US dollars. 8.4.2 No single issuer shall exceed 5% of the City’s portfolio. Investment Policy Page 5 of 16 114

Item 7. 8.4.3 Commercial Paper shall be limited to a final maturity of 270 days. This sector shall not exceed 25% of the total portfolio. Issuers shall be rated in the highest short-term category by Standard & Poor’s, Moody’s, or Fitch. 8.4.4. Bankers’ Acceptances shall be limited to a final maturity of 365 days. This sector shall not exceed 25% of the City’s Portfolio. Issuers shall be rated in the highest short-term rating by Standard & Poor’s, Moody’s, or Fitch. 8.4.5 Corporate bonds and debentures shall be limited to a final maturity of 10 years. This sector shall not exceed 50% of the total portfolio. Issuers shall hold a long-term rating of at least the “A” category by Standard & Poor’s, Moody’s, or Fitch. 8.5 Repurchase Agreements The underlying collateral shall consist of U.S. government and/or GSE securities provided, however, that: 8.5.1 All repurchase agreements must be governed by a written master repurchase agreement; 8.5.2 Agreements will be entered into only with respect to underlying securities in which the investment manager may otherwise invest as described above, and only with a recognized U.S. Government/broker or a bank which meets the requirements set out under paragraph Section 8.3.1 or 8.3.2 above; 8.5.3 In the case of repurchase collateral held in book-entry form in the Federal Reserve System, all deliveries of securities must be made, for the transfer thereof, through the Federal Reserve book-entry system to the account designated by the investment manager for such purpose. Securities held in certificated form must be delivered to the investment manager or a custodian as directed by the investment manager. 8.5.4 Any collateral employed under this paragraph shall be counted towards the applicable maximum limits set forth within these guidelines for such type of investment, and such collateral shall be valued at market at not less than 103 percent of the maturity value of the agreement and marked-to-the-market as requested by the investment manager. 8.5.5 Repurchase agreements shall be limited to a maximum maturity of 90 days from date of purchase. This sector shall not exceed 50% of the total portfolio. No single issuer shall exceed 25% of the City’s portfolio. 8.6 Registered Investment Companies (Money Market Funds) No single fund shall exceed 25% of the City’s portfolio. Money market funds shall be rated AAA by Standard & Poor’s. A current prospectus must be obtained before investing in any money market fund, and current holdings reports must be maintained at least each month. 8.7 Mortgage-Backed Securities Mortgage-backed securities issued by the following: Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Association (FHLMC). This sector, combined with the asset backed security sector, shall not exceed 10% of the total portfolio. Investment Policy Page 6 of 16 115

Item 7. 8.8 Asset Backed Securities These investments include auto loan receivables, credit card receivables, home equity loans, and manufactured housing loans. These can be fixed or floating rate and must be rated in the highest long-term category by Standard & Poor’s, Moody’s, or Fitch. This sector, combined with the mortgage-backed security sector, shall not exceed 10% of the City’s portfolio. No single issuer shall exceed 5% of the City’s portfolio. 8.9 Municipal Obligations Taxable and tax-exempt securities issued by state and local governments and public authorities in the United States. The maximum stated maturity of any investment in this sector shall be limited to 10 years at time of purchase. This sector shall not exceed 20% of the City’s portfolio. No single issuer shall exceed 5% of the City’s portfolio. Issuers shall be rated in at least the “A” category by Standard & Poor’s, Moody’s, or Fitch. Additionally, Issuers in the short term market (under one year) shall be rated at a minimum of “mig-1”, “f1” or “sp-1” for Moody’s, Fitch and Standard &Poor’s. 8.10 State of Delaware Investments Pool 8.10.1 Delaware Local Government Investment Pool (DELGIP) -The investment in this pool is permitted in relation to the City's cash flow and the guidelines set forth by the State of Delaware. The investment in this pool will not exceed 25% of the total funds available and will be monitored by the City's Finance Department on a monthly basis. 8.10.2 Delaware Local Government Retirement Investment Pool (DELRIP) The investment in this pool is permitted in relation to the City's Post-Retirement Benefits Fund. The investment in this pool will not exceed 25% of the total funds available and will be monitored by the City's Finance Department on a monthly basis. 8.11 Trading Securities The Controller/Treasurer is hereby authorized to sell securities prior to their stated maturity date in the following circumstances: 1. A security with declining credit may be sold prior to its maturity to minimize loss of principal; 2. A security swap may be executed if it would improve the quality, yield, or target duration of the portfolio; 3. Securities may be sold to provide needed liquidity. 8.12 Internal Control on such transactions 8.12.1 An investment report will be provided to the Council on a quarterly basis. 8.12.2 All investment reporting documents will be provided to the independent auditors. 8.12.3 Investment records will be kept by the City for ten (10) years. 8.12.4 The trading shall not involve any hedge, derivatives and/or borrowing funds for trading purposes. Investment Policy Page 7 of 16 116

Item 7. A summary of permitted investments is below: Investment Sector Issuer Maturity Credit Quality Type Limit Limit Limit Minimum United States Government 100% 100% 10 Years N/A Securities Government Agency 50% 20% 10 Years N/A Securities Mortgage-Backed Securities N/A 10 Year WAL N/A Combined 10% limit Highest long-term Asset Backed Securities 5% 2 Year WAL rating by Fitch, Moody's or S&P Long-term rating of at least “A” by S&P, Moody’s, or Fitch For issuers in short Municipal Obligations 20% 5% 10 Years term market, rating of at least “mig-1”, “f1 or “sp-1” for Moody’s, Fitch & S&P FDIC-Insured Deposits 25% 5% 10 Years N/A Highest short-term rating by Fitch, Certificates of Deposit and Moody's or S&P. Time Deposits (not insured 25% 5% 10 Years Long-term rating of at by FDIC) least “A” by S&P, Moody’s, or Fitch Delaware-Domiciled 20% 5% 10 Years N/A Institutions Highest short-term Commercial Paper 25% 5% 270 Days rating by Fitch, Moody's or S&P Highest short-term Bankers’ Acceptances 25% 5% 365 Days rating by Fitch, Moody's or S&P Long-term rating of at Corporate Bonds and 50% 5% 10 Years least “A” by S&P, Debentures Moody’s, or Fitch Repurchase Agreements 50% 25% 90 days N/A Registered Investment Companies (Money Market 100% 25% N/A AAAm by S&P Funds) Delaware Local Government 25% N/A N/A N/A Investment Pool Delaware Local Government 25% N/A N/A N/A Retirement Investment Pool Investment Policy Page 8 of 16 117

Item 7. 9.0 Collateralization of City Deposits If the City deposits funds in any financial institution, those funds will be subject to the following collateralization requirements. The financial institution shall: 9.1 Collateralize the City’s daily ledger balance(s) if, for any quarter during the most recent eight quarters the bank has not met both of the following two criteria:  Return on total average assets of 0.50 percent or greater.  Average capital ratio (total equity to total assets) of 5.00 percent or greater. 9.2 If either criterion in paragraph 9.1 is not satisfied collateral must be pledged and shall consist of one or more of the following securities:  U.S. Government securities  U.S. Government agency securities  Federal Home Loan Board letters of credit  State of Delaware securities  Mortgage backed securities as referenced in Section 8.7  Securities of a political subdivision of the State of Delaware with a Moody’s rating of “A” or better 9.3 Ensure that the securities pledged as collateral (except for Federal Home Loan Board letters of credit) have a market value equal to or greater than 102 percent of the ledger balance(s) in the account(s) marked to market each day. 9.4 Ensure that securities pledged as collateral are housed at the Federal Reserve Bank or a mutually agreed upon third party depository. (The trust department of the winning vendor will not be acceptable.) 9.5 Provide reports on a monthly basis to the City Finance Department detailing the collateral pledged. 9.6 Provide a Call Report (Consolidated Report of Condition and Income, FFIEC 031) on a quarterly basis to the City Finance Department. 10.0 Policy Considerations If securities owned by the City are downgraded by either Standard & Poor’s, Fitch or Moody’s to a level below the quality required by this Policy, it shall be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. If a security is downgraded two grades below the level required by the Policy, the security shall be sold immediately. If a security is downgraded one grade below the level required by this Policy and matures within 6 months, the security may be held to maturity. The Controller/Treasurer may determine to sell the security if it is determined that there is a probability of default prior to maturity. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the Controller/Treasurer. Investment Policy Page 9 of 16 118

Item 7. 11.0 Internal Controls The Controller/Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The Controller/Treasurer shall also establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following:  Control of collusion  Separation of transaction authority from accounting and recordkeeping  Custodial safekeeping  Prohibition of physical delivery securities  Clear, written delegation of authority to subordinate staff members  Written confirmation of transactions for investments and wire transfers 12.0 Performance Standards The City of Dover’s investment decisions shall be made with the objective of obtaining a rate of return commensurate with the investment risk constraints and the cash flow needs. On a quarterly basis, the Controller/Treasurer shall compare the City’s portfolio against the Merrill Lynch 0-5 Year U.S. Treasury Index, in terms of time-weighted total return and average duration for the period under review. 13.0 Reporting At the end of each calendar quarter, the Controller/Treasurer will submit a report of all quarter-ending investments to the Mayor and City Council. Reports shall include the following:  Listing of individual securities held as of last day of reporting period, sorted by sector  Par, market, and amortized cost values of each security  Coupon, current yield, and final stated maturity date of each security 14.0 Investment Policy Adoption The City of Dover’s investment policy will be adopted by the City Council after review and recommendation of the Legislative and Finance Committee. The policy will be reviewed at least once every year by the Legislative and Finance Committee, which is charged with considering the existing policy and any recommendations to modify the policy. Any modifications to the policy must be approved by the City Council. LEGEND 1. Original approval by City Council - November 14, 1988 2. Revised policy approved by City Council - March 7, 2005 3. City Council Approved with No Changes – April 14, 2008 4. Revised policy approved by City Council – July 25, 2011 5. Revised policy approved by City Council – August 12, 2013. 6. Revised policy approved by City Council – September 8, 2014 7. Revised policy approved by City Council – October 10, 2016 8. Revised policy approved by City Council – October 23, 2017 9. City Council Approved with No Changes – December 10, 2018 10. Revised policy approved by City Council – December 9, 2019 Investment Policy Page 10 of 16 119

Item 7. LEGEND (Cont.) 11. City Council Approved with No Changes – October 12, 2020 12. City Council Approved with No Changes – October 25, 2021 Investment Policy Page 11 of 16 120

Item 7. ATTACHMENT A GLOSSARY AGENCIES: Federal agency securities, otherwise known as “Government Sponsored Enterprises.” CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CD's are typically negotiable. BANKERS ACCEPTANCE: A short-term credit investment which is created by a non- financial firm and whose payment is guaranteed by a bank. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: An unsecured obligation issued by a corporation or bank to finance its short-term credit needs. Maturities typically range from one (1) to 270 days. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of Dover. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CORPORATE BONDS: A debt security issued by a corporation based in the United States of America. Such bonds usually have a par value of $1,000, have a term maturity, and are traded on a major exchange. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns, in an attempt to limit risk. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. Investment Policy Page 12 of 16 121

Item 7. FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Mae's. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MORTGAGE-BACKED SECURITIES (MBS): An investment instrument that represents ownership of, and is backed by, an individual interest in a pool of mortgages such as those issued by Ginnie Mae or Freddie Mac. Principal and interest from the individual mortgages is used to pay principal and interest on the MBS. MUNICIPAL NOTES AND BONDS: Securities issued by a state, city, or local government to finance operations or special projects. PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state--the so-called legal list. In other states the trustee may invest in a security if it is one which Investment Policy Page 13 of 16 122

Item 7. would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: A measure of worth, either at security or aggregate portfolio level, over a period of time. There are many return conventions, including but not limited to yield to maturity at cost, yield to maturity at market, yield to worst, time weighted total return, dollar weighted total return. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank reserves. REVERSE REPURCHASE AGREEMENT: The purchase of a security by a dealer with the agreement to sell it back to the seller at a fixed price at a later date. Typically used by owners of securities to finance short-term needs without having to liquidate the security. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. TIME DEPOSITS: A savings account or CD held for a fixed term or with the understanding that the customer can withdraw only by giving advanced notice. TREASURY BILLS: A short-term (less than one year) non-interest bearing discount security issued by the U.S. Treasury department to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months or one year. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Investment Policy Page 14 of 16 123

Item 7. VARIABLE RATE MASTER DEMAND NOTES: A floating rate security with initial maturities and indexed rates chosen by the investor. The interest rate is adjusted periodically, usually off a standard such as that prevailing on a Treasury Bill or the prime interest rate. YIELD: The rate of annual income return on an investment, expressed as a percentage. INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Investment Policy Page 15 of 16 124

Item 7. ATTACHMENT B Dover, Delaware, Code of Ordinances >> PART I - CHARTER AND RELATED LAWS PART I - CHARTER AND RELATED LAWS [1] Subpart A - CHARTER PREAMBLE [3] We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to secure the benefits of local self-government and to provide for an honest and accountable council-manager government, do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. ARTICLE I. - POWERS OF THE CITY ARTICLE II. - MAYOR AND COUNCIL Sec. 17. - Controller/treasurer. At the annual meeting the council shall elect a controller/treasurer to hold office until the next annual meeting of the council, or until his/her successor has been duly chosen and qualified, but subject to removal at any time by the council. The controller/treasurer shall be the custodian of all the city funds and shall deposit them in a banking institution designated by the council. (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15)) Investment Policy Page 16 of 16 125

Item 8. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: October 1, 2021 PREPARED BY: Sharon J. Duca, P.E., Public Works Director REVIEWED BY: Matthew C. Harline, Interim City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: National Pollutant Discharge Elimination (NPDES) Municipal Separate Storm Sewer System (MS4) Computer Software Annual Subscription (Sole Vendor) TIMETABLE: Purchase Order to be issued within thirty (30) days of Council approval. EXHIBITS: Exhibit A – 2NDNATURE Letter of Sole Source Justification. Exhibit B – 2NDNATURE Digital Stormwater Program Compliance Management Software Proposal. RELATED PROJECT: n/a REFERENCE: n/a EXPENDITURE REQUIRED: $17,998.50 AMOUNT BUDGETED: $25,000.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Stormwater Operations Budget - $25,000.00, Account No.: 100-12-18-60-000-52026. STAFF RECOMMENDATION: Issue a purchase order to 2NDNATURE Software, Inc. for the 2NDNATURE software to assist with the documenting and reporting for the City’s NPDES MS4 permit for the amount of $17,998.50 in FY2022 (to be budgeted for annually). BACKGROUND AND ANALYSIS: The City’s NPDES MS4 permit is managed by the Department of Public Works. This permit is issued from the State of Delaware under federal authority (Section 402 of the Clean Water Act). The permit is intended to regulate surface water discharges, such as stormwater runoff within a municipality. The regulations were created to reduce pollution to streams, lakes and rivers from stormwater. The permit consists of the following elements: Public Education and Outreach on Stormwater Impacts, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Stormwater Runoff Control, Post-Construction Stormwater Management, and Pollution Prevention and Good Housekeeping. 126

Item 8. The 2NDNATURE software platform is capable of assisting with all elements of the permit. In particular the software, in conjunction with the City’s GIS, will allow staff to more efficiently track the work performed by staff to stay in compliance with the permit as well as create an automated annual report for the Delaware Department of Natural Resources and Environmental Control (DNREC). The City currently utilizes a consultant to meet our Illicit Discharge Detection and Elimination element requirements. Implementing 2NDNATURE software will enable staff to perform these tasks in house. The permit will be expanding soon to require a Pollutant Reduction Plan. The software package will also allow us to perform pollutant reduction modeling for this forthcoming task in house rather than require the use of a consultant. The 2NDNATURE software platform is currently the only software package available to address all permit needs in one package. City staff has met with the DNREC to ensure that the software will meet their expectations for reporting. A partial year pilot program was also implemented last year to test out the software and verify that it meets expectations. 127

Exhibit A Item 8. September 30, 2021 2NDNATURE Software, Inc. 500 Seabright Ave Santa Cruz, CA 95062 Re: Letter of Sole Source Justification Dear Mr. Barth, Please consider this letter regarding 2NDNATURE Software and the attached Common Requirements document as tools to help you execute a purchase order for a subscription to the 2NDNATURE platform. Product Description The 2NDNATURE platform is the only commercial-off-the-shelf software (COTS) that meets the minimum control requirements for the Delaware MS4 stormwater permit and provides quantitative pollutant load reduction estimates to directly demonstrate compliance with Delaware TMDL requirements. The value of the 2NDNATURE platform extends beyond the minimum control requirements. 2NDNATURE is a fully-integrated and comprehensive platform which includes a set of field applications for inspections and real-time performance analytics/reporting. About 2NDNATURE Software, Inc. 2NDNATURE builds stormwater management and compliance software. 2NDNATURE Software, Inc. was founded in 2016. By embedding proven science into an enterprise cloud platform, 2NDNATURE helps cities and municipalities accurately benchmark and improve the quality of their urban waterways, and streamline regulatory compliance. With over $7 billion in stormwater assets under management, 2NDNATURE serves over 55 customers across the United States. 2NDNATURE is registered as a minority and woman-owned business. Further details are available upon request. The 2NDNATURE platform is the most affordable COTS solution in the market and is based upon an annual subscription fee. There are no other charges or costs associated with customization or professional services. See “Common Requirements'' document for more information. At the time of this letter, no other comparable COTS options are available in the marketplace (technology markets evolve quickly, and this is subject to change). As such, direct price comparisons are not applicable. That said, some MS4 permit holders have built custom solutions or leverage spreadsheets to 2NDNATURE Software | 500 Seabright Avenue, Suite 205, Santa Cruz, CA 95062 | 831.818.8445 128

Exhibit A Item 8. manage their stormwater programs. Ultimately, 2NDNATURE delivers a stronger return on investment with lower lifetime costs compared to homegrown alternatives or spreadsheets. Selecting another solution would potentially increase risk factors and maintenance costs. Specifically, the ability to achieve annual compliance with costly non-centralized systems and error-prone manual processes pose significant challenges to satisfy permit requirements. Key reasons why the 2NDNATURE platform is unique ● Asset management for structural and non-structural stormwater assets ● Digital PEAIP solution ● Fully digital MS4 performance-based program management and compliance reporting ● Cloud-based solution that does not require on-premises installation of hardware, network equipment or software ● Open science: Scientifically peer-reviewed and journal-published methodologies and models ● Open data: Variety of standardized data and export options ● Automated and customizable performance analytics ● One-click annual report-generation and filing ● Geographic Information System based (map-based) and integration with Esri ● Real-time baseline maps to accurately measure progress ● One-time data entry optimized ● Complete digital system of record for assets and information ● No additional fees associated with installation, development, support, maintenance and change orders. Please consider this letter and the attached Common Requirements document as satisfying the requirements to issue a purchase order for 2NDNATURE. Please reach out if you have any questions. We look forward to working with you. Sincerely, Nicole Beck Chief Executive Officer 2NDNATURE Software 2NDNATURE Software | 500 Seabright Avenue, Suite 205, Santa Cruz, CA 95062 | 831.818.8445 129

Exhibit B Item 8. City of Dover, DE Digital Stormwater Program Compliance Management Software Proposal - Full Annual Subscription September 03, 2021 Submitted to: Sharon Duca P.E., City of Dover, DE 130

Exhibit B Item 8. Overview & Goals Dear Sharon, In today's world, a cloud-based digital information system is the nerve center of stormwater program management and compliance. The City of Dover knows that an enterprise stormwater management system is the easiest way to centralize information about assets, establish baselines to identify opportunities, conduct inspections, respond to requests for information and verify program performance for compliance. But keeping a program running and demonstrating compliance without a modern cloud- based system is time consuming for staff, requires building custom applications and compiling information from systems that are not integrated. Establish a world-class stormwater program that keeps your team free to focus on what matters with 2NDNATURE’s web-based, automated approach. Rely on 2NDNATURE to complete reports and monitor program performance all in one place. Stormwater is an important part of the Clean Water Act. We appreciate the opportunity to help Dover manage your stormwater program. We have carefully considered your requirements and enjoyed getting to know you. Sincerely, Jason Yoho Chief Commercial Officer 2NDNATURE Software 131 Final Proposal for Dover Full Annual

Exhibit B Item 8. Why Us? Founded in 2016, 2NDNATURE Software helps stormwater program managers across the country use the power of the cloud to run a performance-based program. We put your assets at the center of your service delivery model so you can focus on your customers. Our flexible, scalable, and robust platform was designed to streamline your approach, saving you time every step of the way. At the core of the 2NDNATURE platform is science-based modeling developed over a decade. We hold our science to the highest open-science standards. We publish our methods and models in peer-reviewed scientific journals. That means when you want answers regarding your program's performance, are running models for planning and are submitting annual reports or responding to information requests, you have confidence in your data and it is defendable. 2NDNATURE truly is the gold-standard in stormwater. The key to success and getting your time back by using the 2NDNATURE platform is getting going quickly. Our customer success team members are experts in GIS and have years of experience working in the field directly with stormwater program managers and staff. Our customer success team is ready to answer any and all questions the you have about how to get your implementation from zero to success. 132 Final Proposal for Dover Full Annual

Exhibit B Item 8. Together a Successful Proposal COLLABORATION ON A LIVING DOCUMENT This proposal is a living document in a dynamic format that allows you to engage with it directly. The comments button is enabled so that you can provide feedback and ideas as we collaborate together to produce a proposal that you are confident in. WEB PORTAL This is a web-based document that is accessible through your custom City of Dover mini- site located below. Your mini-site is a central repository for documents and resources to help gain support for your proposal. Click here or the image below. SECURE Your mini-site is password protected. Share this proposal link with contributors and approvers, all they have to do is quickly register to access the mini-site. DOWNLOAD AND PRINT This proposal can be downloaded if you require a PDF version to share internally. PROPOSAL APPROVAL If you are the final approval to execute this contract, great. Also we can add multiple approvers. Once digitally signed, the proposal can no loner be changed online. 133 Final Proposal for Dover Full Annual

Exhibit B Item 8. What We Offer 2NDNATURE is an enterprise cloud stormwater management platform. Purpose-built for stormwater managers, 2NDNATURE incorporates a comprehensive suite of applications for managing stormwater assets, benchmarking clean water program effectiveness, and streamlining regulatory compliance.  Click to play video in browser AUTOMATED COMPLIANCE REPORTING 2NDNATURE transforms program data into compliance-ready insights to simplify management of NPDES compliance calendars. With the push of a button compliance reports and supporting data are available for review by regulators. By automating the compliance reporting process, 2NDNATURE eliminates the countless hours spent manually compiling annual reports. 134 Final Proposal for Dover Full Annual

Exhibit B Item 8. CLEARER RESULTS The platform quantifies progress and helps plan where future improvements will deliver the greatest compliance impact and community benefits. With one source of the truth to manage stormwater data and information, organizations will break down silos that typically hamper the holistic management of their stormwater program. STANDARDIZED FIELD APPS 2NDNATURE empowers stormwater program managers to conduct standardized, mobile- enabled field inspections without requiring extensive staffing resources, paperwork or manual data entry. STANDARDIZED FIELD APPS 2NDNATURE empowers stormwater program managers to conduct standardized, mobile- enabled field inspections without requiring extensive staffing resources, paperwork or manual data entry. 135 Final Proposal for Dover Full Annual

Exhibit B Item 8. SUPPORT OF THE DOVER PERMIT Below is a section by section crosswalk of the Dover MS4 permit directly into the 2NDNATURE platform. This crosswalk is located in your Solution Guid 136 Final Proposal for Dover Full Annual

Exhibit B Item 8. INTEGRATED WITH ESRI MAPPING TECHNOLOGY 2NDNATURE is integrated with Esri ArcGIS, the world’s leading geospatial mapping platform. Through this integration, 2NDNATURE manages all stormwater program elements atop a centralized geospatial framework. Seamless integration with your existing Esri systems and tools maximizes single data entry and improves data quality. Aggregation of program data by urban drainages allows spatial modeling and analysis to iteratively map where progress has been achieved and where the greatest opportunities to protect local receiving waters exist. OPEN SCIENCE AND OPEN DATA 2NDNATURE supports the gold-standard in science and data: open-science is peer- reviewed and science journal published science, open data is a commitment to provide you with functions to easily export all your data. 137 Final Proposal for Dover Full Annual

Exhibit B Item 8. Proposed Implementation 2NDNATURE is proposing a implementation plan for the City of Dover focused on your below permit section priorities that were not implemented in the pilot: -Remainder of permit The goal is to have the permit fully implemented into the 2NDNATURE Platform and to use it to submit the MS4 compliance annual report for the 2021 year. Schedule 138 Final Proposal for Dover Full Annual

Exhibit B Item 8. NEW PERMIT REQUIREMENT SATISFACTION As part of the PRP, the permit requires the identification of TMDLs and the pollutants of concern. Permittees will identify targeted controls, BMPs, or other Department approved methods to address these pollutants.The PRP will also include information on existing and proposed storm water management strategies, general information on BMPs currently employed and proposed to be implemented, modeling or other quantification methods describing BMP effectiveness in reducing pollutant loads, and a schedule for BMP implementation (if needed). This requirement is met by implementing 2DNDATURE's structural BMP Module. Permit Sections IV. Pollutant Reduction Plan 2NDNATURE Module: Structural BMPs Hydrologic modeling methodology has been scientifically proven and peer reviewed in multiple scientific journals. Models run automatically on the web with minimal user input. Model outputs allow for quick identification of new priority watersheds and hotspots within the jurisdiction. 139 Final Proposal for Dover Full Annual

Exhibit B Item 8. 140 Final Proposal for Dover Full Annual

Exhibit B Item 8. 141 Final Proposal for Dover Full Annual

Exhibit B Item 8. Your Investment Subscriptions are designed to meet your needs by reducing risk, ensuring quick implementation, and matching budget realities. The annual license cost is an all-in price with no additional costs for unlimited users, change-orders, maintenance, support, training or services. 2NDNATURE will assign a Technical Account Manager (TAM) to manage training, implementation and support. Your TAM will develop a detailed list of requirements and coordinate the resources to bring your stormwater program into the 2NDNATURE platform to produce baseline maps, locate assets, and establish program goals. 142 Final Proposal for Dover Full Annual

City of Dover, DE Full SubscriptionExhibit B Item 8. Price Description Price Qty Subtotal Dover DE $21,300 2NDNATURE Annual Subscription $17,998.50 Discount(-15.5%) Annual Subscription Fee beginning October 2021 Total $17,998.50 This Agreement shall commence on the Effective Date and continue until September 30, 2022 (“Term”). Upon expiration of the initial Term, the Agreement will automatically renew for an additional 4 Terms of twelve (12) months each (“Renewal Term”), unless either party gives the other notice of non-renewal at least thirty (30) days prior to the end of the then-current Term. 143 Final Proposal for Dover Full Annual

Exhibit B Item 8. Contract SOFTWARE AS A SERVICE AGREEMENT This software as a software license agreement (“Agreement“) dated Not yet accepted (“Effective Date”), is between City of Dover, DE located at 28 OLD RUDNICK LN (“Client”) and 2NDNATURE Software Inc. located at 500 Seabright Ave #205, Santa Cruz, California 95062 (“2N”). The parties hereby agree as follows: 1. Access and Restrictions. 1. Subject to the terms of this Agreement, 2N grants to Client a limited, non- exclusive, non-transferable right during the Term to allow its Users (defined below) to access and use the online software applications described in Exhibit A of this Agreement (“2N Software”) solely for Client’s internal business purposes and may provide other services necessary for productive use of the 2N Software, including the provision of software updates, bug fixes, data monitoring, and technical support (“Support Services”). “User” means any Client employee, contractor, or agent, or any other individual or entity authorized by the Client to access and use the 2N Software. Client’s rights to access the Service will be limited to those expressly granted in this Agreement, and 2N reserves all other rights, title, and interest therein. 2. Restrictions. Client is responsible for all activities conducted under its and its Users’ logins on the 2N Software. Client shall not: (i) copy, rent, sell, lease, distribute, pledge, assign, or otherwise transfer, or encumber rights to the 2N Software, or any part thereof, or use it for the benefit of any third party, or make it available to anyone other than its Users; (ii) send or store any personally information; (iii) send or store infringing or unlawful material; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the 2N Software or the data contained therein; (vi) modify, copy or create derivative works based on the 2N Software, or any portion thereof; (vii) access the 2N Software for the purpose of building a competitive product or service or copying its features or user interface; or (viii) delete, alter, add to or fail to reproduce in and on the 2N Software the name of 2N and any copyright or other notices appearing in or on the 2N Software or which may be required by 2N at any time. 144 Final Proposal for Dover Full Annual

Exhibit B Item 8. 3. Professional Services. Additional professional services related to the initial set-up and ongoing use of the 2N Software such as training, data import/ export, will be set forth and billed at 2N’s current time and materials rates stated in Exhibit A. 2. Term and Termination. 1. Term. The term of this Agreement is stated in Exhibit A. 2. Termination for Cause. Without limiting the right of a party to immediately terminate this Agreement for cause as provided for in this Agreement, if either party materially breaches any of its duties or obligations hereunder and such breach is not cured within thirty (30) calendar days after written notice of the breach, the non-breaching party may terminate this Agreement for cause as of a date specified in such notice. 3. Proprietary Rights 1. 2N Rights. Except for the rights expressly granted under this Agreement, 2N retains all right, title, and interest (including all related intellectual property rights) in and to the 2N Software, and all other products, works, software and technology created, used, or provided by 2N in connection with this Agreement. 2. Client Data. All right, title and interest in and to the Client Data is owned exclusively by Client and Client may use the 2N Software to create reports and other data exports as needed for the Client internal business purposes. Client grants 2N a license to use, aggregate, collect, process, store, generate, and display Client Data to the extent necessary to maximize the effectiveness of 2N Software. 4. Fees. Client will pay 2N the annual subscription fee as stated in Exhibit A for access to the 2N Software, Set-Up Services, and Support Services (“Subscription Fee”). Client shall pay the Subscription Fee within thirty (30) days of execution of this Agreement. Client shall pay 2N the Subscription Fee for any renewal term within thirty (30) days of the start of such renewal term. Should the Agreement be renewed beyond the original Term, 2N reserves the right to increase the Subscription Fee for any Renewal Term by a maximum of three percent (3%) on an annualized basis. Client agrees to pay all sales, use, value-added, goods and services, consumption, withholding, excise and any other similar taxes or government charges, exclusive of 2N’s income taxes. 145 Final Proposal for Dover Full Annual

Exhibit B Item 8. 5. Disclaimer of Warranties. THE 2N SOFTWARE IS PROVIDED “AS-IS” AND 2N AND ITS SUPPLIERS HEREBY DISCLAIM ALL (AND HAVE NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO THE 2N SOFTWARE, PROFESSIONAL SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AVAILABILITY OF THE 2N SOFTWARE, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED. 6. Indemnification. Client will indemnify, defend, and hold 2N harmless from any and all claims, demands, suits or proceedings brought against 2N by a third party alleging a violation of a third party’s rights arising from Client's provision of the Client Data. 7. Limitation of Liability. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.2 OR AN OBLIGATION ARISING UNDER SECTION 6, NEITHER CUSTOMER, 2N, NOR 2N’s SUPPLIERS, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, (B) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, RIGHTS, OR TECHNOLOGY, (C) FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8. General 1. Authority. Client represents and warrants that it has all requisite corporate power, financial capacity, and authority to execute, deliver, and perform its obligations under this Agreement. 2. Confidentiality. Except as required by applicable laws or regulations, the parties agreement that information deemed confidential at the time of disclosure and the terms of this Agreement shall not be disclosed to any third party. 3. Notices. Any notice given pursuant to this Agreement shall be in writing and shall be given via email (provided receipt is confirmed by the recipient), certified mail or courier, return receipt requested, to the addresses appearing in the preamble of this Agreement, or as changed through written notice to the other party. Notice is deemed effective on the date it is delivered to the addressee. 146 Final Proposal for Dover Full Annual

Exhibit B Item 8. 4. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the California and the federal laws of the United States of America. 2N hereby consents and submits to the jurisdiction and forum of the state and federal courts in the Santa Cruz, CA in all questions and controversies arising out of this Agreement. 5. Force Majeure; Excused Performance. Neither party shall be liable for delays or any failure to perform the obligations under this Agreement due to causes beyond its reasonable control. Such delays include, but are not limited to, fire, explosion, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed party. 6. Independent Contractor. 2N is an independent contractor with no authority to contract for Client or in any way to bind or to commit Client to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of Client. Under no circumstances shall 2N, or any of its staff, if any, hold itself out as or be considered an agent employee, joint venture, or partner of Client. 7. Attorneys’ Fees and Costs. In any arbitration, litigation, or other proceeding, informal or formal, by which one party either seeks to enforce this Agreement or seeks a declaration of any rights or obligations under this Agreement, the non-prevailing party shall pay the prevailing party’s costs and expenses, including but not limited to, reasonable attorneys’ fees. 8. No Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision. 9. Counterparts; Facsimile. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. The parties agree that a facsimile signature may substitute for and have the same legal effect as the original signature. 147 Final Proposal for Dover Full Annual

Exhibit B Item 8. 10. Entire Agreement. This Agreement and its attached exhibits constitute the entire agreement between the parties and supersede any and all previous representations, understandings, or agreements between Client and 2N as to the subject matter hereof. This Agreement may only be amended by an instrument in writing signed by the parties. Any terms and conditions included in a Client purchase order or a 2N invoice, as the case may be, shall be deemed to be solely for the convenience of the respective party, and no such term or condition shall be binding upon the parties. 148 Final Proposal for Dover Full Annual

Exhibit B Item 8. EXHIBIT A TERM This Agreement shall commence on the Effective Date and continue until September 30, 2022 (“Term”). Upon expiration of the initial Term, the Agreement will automatically renew for an additional 4 Terms of twelve (12) months each (“Renewal Term”), unless either party gives the other notice of non-renewal at least thirty (30) days prior to the end of the then-current Term. 149 Final Proposal for Dover Full Annual

Exhibit B Item 8. Testimonials “2NDNature is a valued strategic services partner for our National Stormwater Platform. They maintain and ensure the one-stop, source of truth, regulatory compliance system throughout the entire stormwater development and management lifecycle. 2NDNature has helped us create greater visibility and transparency with all of our stakeholders around our performance metrics." PETE LITTLETON SENIOR OPERATIONS MANAGER | CORVIAS “Yavapai County AZ is a rural county with unique program and compliance requirements. 2NDNATURE was up and running within weeks. Out of the box the platform satisfied most of our permit requirements. The platform is highly flexible and adaptable and they worked with us to quickly tailor it to our unique needs." TONY ANGUIERA STORMWATER ENGINEER | YAVAPAI COUNTY ARIZONA FLOOD CONTROL DISTRICT "2NDNATURE Software greatly improves opportunities for California State Water Board staff to communicate with our permit holders on permit requirements and reporting expectations. As the regulator, we can quickly and easily see what our permit holders want us to see about how their programs are performing. The result is fewer documents for permit holders to submit under separate cover, and less burdensome requests for follow-up documentation" DOMINIC ROQUES REGIONAL BOARD | CALIFORNIA STATE WATER BOARD 150 Final Proposal for Dover Full Annual

Exhibit B Item 8. Our Team NICOLE BECK FOUNDER, CEO PHD Nicole Beck has a PhD in aquatic chemistry and a career mission to bring science to decision makers. She saw the opportunity to build science-based field protocols and analyses into software tools. JASON YOHO CHIEF COMMERCIAL OFFICER Jason believes technology enables superior value in impact markets and as such he is responsible for defining and delivering the commercial strategy, growth and profitability of 2NDNATURE. MAGGIE MATHIAS CHIEF OF PRODUCT Maggie leads the development of the product vision and strategy to translate 2NDNATURE’s science into user- friendly, intuitive software for our customers. NAT EVATT CHIEF TECHNOLOGY OFFICER Nat leads the 2NDNATURE development team driven by a strong belief that the innovative application of technology and coding can be used to manage environmental systems more sustainably. GARY CONLEY CHIEF SCIENTIST Gary leads applied research to develop methods that turn data into actionable knowledge, improve watershed stewardship, and reduce the costs of clean water. 151 Final Proposal for Dover Full Annual

Exhibit B Item 8. Signature Executed on the dates set forth below by the undersigned authorized representative of City of Dover, DE and 2N to be effective as of the Effective Date.  SIGNATURE John Hansen  SIGNATURE Sharon Duca P.E. John Hansen Sharon Duca P.E. Account Executive Public Work Director Not yet accepted Not yet accepted 152 Final Proposal for Dover Full Annual

Item 9. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (Leg & Fin) DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: October 1, 2021 PREPARED BY: Sharon J. Duca, P.E., Public Works Director REVIEWED BY: Matthew C. Harline, Interim City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Update on North Bradford Street – Street, Sidewalk and Tree Plan and Consultant Utilization TIMETABLE: Purchase Order to be issued within thirty (30) days of Council approval. RELATED PROJECT: FY2020 Street Program EXHIBIT: Exhibit A – Forest Service Report. Exhibit B – Century Engineering Consultant Proposal. REFERENCE: n/a EXPENDITURE REQUIRED: $40,000.00 (fixed rate plus expenses) AMOUNT BUDGETED: $572,900.00 (carry forward request) FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works – CIP Project ST2001 Street, Concrete and Alley Program, Account No.: 101-12-18-35-000-54031. STAFF RECOMMENDATION: Utilize Century Engineering to develop a Concept Plan for Street and Sidewalk Improvement for North Bradford Street in accordance with the Scope of Services and Cost Proposal received in the amount of $40,000 (fixed rate plus expenses). BACKGROUND AND ANALYSIS: On February 10, 2020, City of Dover City Council awarded the FY 2020 Street and Alley Repaving Program to George & Lynch, Inc. This work consists of replacing cracked and damaged curbs, sidewalks and drainage inlets as well as milling off the exiting asphalt surface and replacing it with new asphalt. The final phase of this program consists of over half a mile of North Bradford Street from Walker Road to just south of Mary Street, adjacent to Delaware State University. As part of the Street and Alley Repaving Program, trees are identified that must be removed to facilitate the street rehabilitation. Tree removal is necessary when manipulation of the root structure during the concrete and asphalt rehabilitation process will damage the tree. On North Bradford Street, however, seventy-five (75) trees were identified as requiring removal which would make a significant impact to the 153

Item 9. tree canopy in the area. A meeting was held on June 24, 2021 with the Delaware Forest Service (DFS) to discuss evaluating the trees effected by the proposed project. A public meeting was held on July 7, 2021, with the DFS in attendance, to discuss the project and associated concerns. Useful feedback was provided to the City. A report was provided to the City by DFS on July 16, 2021. The report identified 13 trees to be in poor or dead condition that will need to be removed. The report indicated that the remaining trees should be preserved. Some alternative methodologies were presented however it was determined by staff that a detailed assessment of each location would need to occur to develop a plan to address tree preservation, ADA compliance issues and damaged infrastructure in conjunction with available construction techniques. The report by DFS did not get to that level of precision for the period during and after street, curb and sidewalk improvements. In order to proceed, City staff determined that an experienced consultant would be of the greatest use to keep the project moving. A meeting was held on September 15, 2021 with Century Engineering who has experience in designing streetscape improvement projects with tree preservation aspects for DelDOT and the City of Wilmington – including the South Bradford Concept Plan for DelDOT. They have submitted a proposal for $40,000 (fixed rate plus expenses) to prepare a Concept Plan for Street and Sidewalk Improvement for North Bradford Street. The plan will take into account the planned repaving and ADA improvements in the corridor while incorporating tree preservation techniques and alternative construction methodologies to preserve as many trees as possible. Once this work is complete a second public hearing will be scheduled, with the consultant present, to review the concept plan. 154

Exhibit A Item 9. City of Dover Bradford Street Project Background: The City of Dover proposed a repaving project along the 200-700 blocks of North Bradford Street. When the project was presented to City Council in May 2021 for budget approval, council members and residents raised concerns about the possible removal of 75 trees. The trees ranged in age but together comprised close to 4 acres of tree canopy. The removal of all 75 trees would reduce the number of the trees in the right-of-way in those blocks by more than 80%. The initial arborist’s report on tree impacts did not include justification for removal beyond potential conflicts with curbing, sidewalks, or pavement. Given the importance of trees to the City of Dover – Delaware’s longest-running Tree City USA at 32 years – and the understanding that trees provide a wide range of social, environmental, and economic benefits, the justification for removing both young and mature trees deserves serious discussion. Role of the Delaware Forest Service The Delaware Forest Service Urban and Community Forestry (U&CF) Program provides educational, technical, and financial assistance throughout the state. The urban and community forestry program has several goals outlined in Delaware’s Forest Action Plan (http://de.gov/forestactionplan). Primary goals of the plan include providing services to urban priority areas, of which Dover is one, increasing and maintaining tree canopy statewide, and encouraging proper management of community trees. In keeping with these efforts, the U&CF Program has provided pruning and planting workshops tailored to municipal staff needs, as well as technical assistance to communities as they develop their urban forest management plans. Over the past decade, the City of Dover has requested and received grant funding for tree plantings at several of its municipal parks. Impact and Analysis At the request of city officials, the Delaware Forest Service conducted its own study of the potential impact to the trees along North Bradford Street that could result from the proposed project. This involved a geographic systems (GIS) analysis combined with an extensive tree inventory. The GIS specialist from the Delaware Department of Agriculture conducted a preliminary analysis of projected tree canopy loss on Bradford Street based on the standard protocol used for repaving projects in the city. The GIS analysis examined the potential loss of tree canopy on Bradford Street by measuring the width of canopy 30 feet on either side of trees on the North Bradford Street. This was based on the average canopy width of a red maple and measurement of the distance between the edge of the road and the canopy of street trees in several locations. Using that estimate, the area of potential lost tree canopy is 3.78 acres, which represents 0.1% of the total tree canopy in the City of Dover (3,845 acres, which includes both public and private land). (See Map 1) 155

Exhibit A Item 9. The analysis further examined tree canopy on parcels owned by the City of Dover and street tree canopy within the City of Dover municipal boundaries (591.08 acres). Based on this figure, the 3.78 acres being removed from North Bradford Street represents 0.64% of the tree canopy managed by the city. (See Map 2) According to this analysis, the proposed North Bradford removal would reduce street tree area by 1.12% of total tree canopy on city-owned parcels and within city boundaries. We should note that these figures were done as preliminary analysis and more precise analysis can be done with more detailed information. Purpose Certified arborists from DFS evaluated the aforementioned 75 trees based on the following information: the road will be milled (specs not provided), the curb will remain, the sidewalk will be altered to meet ADA compliance on a case-by-case basis. The purpose was to observe the tree conditions and recommend instances where tree protection measures, in tandem with sidewalk improvements and monitoring, will allow for the preservation of healthy trees. Additionally, trees observed to be in poor health would be unlikely candidates for preservation or sidewalk improvement measures. Procedure DFS utilized multiple parameters to identify and determine the suitability of each given tree. We looked at the following criteria: (see Table 1) • Location of the tree using the street address. • (F)ront, (S)ide, (X) Across to denote location relative to house or residence. • Number attached to location to denote multiple trees adjacent to the property, in the same direction as the address numbers. • Tree species • Curb condition and impact by tree. Improvement was recommended for healthy trees that had damaged the curb. (Rebuild) was noted for curbs that were broken and (shave) was noted for curbs with slight heaving at the joints. • Tree protection was recommended for healthy trees if any portion of the trunk extended into the road, where milling equipment could potentially damage it. • Clearance pruning for milling was recommended for healthy trees if there were tree branches extending less than 20 feet over the roadbed. • Root protection was recommended for healthy trees if a designed sidewalk improvement would prevent damage to tree roots and the base of the tree. • Sidewalk improvement type was noted for healthy trees by indicating a specific sidewalk improvement such as cement shaving/cutting, flexible paving, and/or rerouting the sidewalk. • General condition rating was noted as good, fair, poor, dead: 1. Good indicates a tree with no visible defects and little to no crown dieback 2. Fair indicates a tree with minor defects with no significant crown dieback 3. Poor indicates a tree with significant defects and/or crown dieback 4. Dead indicates a tree that is completely lifeless and is in a state of decay. • Removal recommendation is based on the condition rating, with trees that are either poor or dead being recommended for removal. 156

Exhibit A Item 9. Recommendations: • After evaluating the 75 trees on June 29, 2021, DFS classified 13 trees to be in poor or dead condition. These trees are in various stages of biological decline and structural decay and would not be suitable candidates for preservation. After removal and replacement of the sidewalk, DFS recommends these trees be replaced with a suitable species appropriate for the space. • Additionally, DFS recommends developing a protocol for tree selection and installation that reduces the likelihood of conflict with the surrounding built environment, for example, root barriers or the use of hormone inhibitor application. These specifications should be reviewed every 5 to 10 years. • The city should continue to monitor the remaining trees to be preserved, which are currently considered to be in good or fair condition. As suitable candidates for sidewalk improvements and protection during curb repair, these trees can continue to provide value to the community for many years to come. • While the work is being done to remove or rebuild sidewalks, there should be an arborist onsite to ensure tree protection measures are implemented according to ANSI standards and to provide expertise as the need may arise. The protection of roots during the construction phase, before the new sidewalk is poured or installed, is critical for the long-term health of these trees. • After the work has been completed, it will be important to monitor the health of the trees. Trees may experience some dieback in response to the work being done around the roots and should not receive any fertilizers. Instead, the trees should be supported with regular watering post-construction. • The survival of the trees in the right-of-way will depend on the city’s regular maintenance activities and the implementation of project sequences. • The overall goal of this evaluation is to recommend the safe removal of dead and declining trees and the preservation of healthy trees in tandem with other necessary city functions. Future project sequences should support this same goal moving forward. City staff can work closely with community members ensure there are clear lines of communication. Recommendations for the Future: • Direct engagement and outreach with stakeholders are necessary components of successful community buy-in. Working with partners is a proven strategy to develop the best recommendations for alternatives and to choose the best path forward for meeting goals. • It might be helpful to build in more detail to maintenance and management plans to improve the health and vitality of all city-managed trees. This should also include detailed specifications on streetscape projects as they are being planned. • The City of Dover should consider tree preservation and tree replacement early on in the project planning process by incorporating the important role trees play as infrastructure. • Clear specifications for tree care should be defined before, during, and after project completion. Factoring green infrastructure into the planning process early on will help the city streamline the process of street and sidewalk replacement or repair. This would necessitate working closely with the city’s municipal arborists and consulting arborists on projects from start to finish. • The City of Dover would benefit from a comprehensive professional tree inventory to serve as a foundation for an urban forest management plan. 157

Map 1: Proposed Bradford Street Tree Removal Exhibit A Item 9. Richardson Park Lost Tree Canopy d Blv Rd ker Wal ors rn ve NG Go ove N rnor vd s Av Bl s St Ros ors NS e ern N B tate N G ov radf St Penn Carol Street sy ord lv an Development i St aA N G ven Ave bia ue Col um ov e Ext rnor s Av mS t on A ve ia is e Will Mad Rd Car ney Rod ol S St iam Will t St 13 ing t on t W ash ra S Cla d el R NG Haz N N N B N S ove ew S radf tate d a St el R Clar NQ rno Haz yS t ord Alle t St uee rs A St n St Pen ve nsy N Am lvan y St Mar ia A eric NN ve an A yS t ew S ve Mar t il S t Kirkwood and Cec t Mary Streets il S ary St C ec M Esri Community Maps Contributors, City of Dover, Delaware FirstMap, New Jersey Office of GIS, VITA, BuildingFootprintUSA, Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Surdex Corp il S t N A Cec Pen This map is for illustrative purposes only. Lost Tree Canopy Wesley College mer Lauren Frick - Planner III nsy Delaware Dept. of Agriculture Remaining Tree Canopy Lost Tree Canopy Area: 3.78 Acres Date Exported: 7/16/2021 11:59 ican lvan 0 125 250 158Feet 500 Bradford Street - 30 ft Buffer Ave ia

ND upo Map 2: City of Dover Tree Canopy Management nt R d Exhibit A North Bradford Street Removal c Item 9. Lenape Indian Hw y ip si Tribe of Del Le SDTSA Bush Manor East Lake Gardens N Stat Pleasanton Ke Acres eS n to n R Rd ker B Cowgills Wal t Dupont Manor ay sid d Corner e s St RosD r M Carol Street Car c K Delaware State 1 Development ol S ee R University Fork Branch d t NB Nature Preserve rad iam St NG f ord Will N S t at e S Fox Hall ove St Little Creekrno el R d Edge Hill NQ N N Haz St rs A 1 lley C t Chestnut Grove uee ALittle ew S Fairview Oak Grove ve Wildlife Bicentennial n St t y St Village Mar y St Forrest A v e Mar en Corner Dover Wesley College h St N Q N N S rt Ba No 1 uee ew S W y Rd Little Creek nS t Wildlife Area d Morris Estates t R e ill n t tv Schutte Park on H a z le C on R un c he P un SB Pickeri ay Beach Rd Postles Corner Kent Acres Generals Moores Greene St. Jones River Dover AFB Kesselring Park Lake Rd Highland Acres n 0 0.25 0.5 1 1.5 2 Miles E L e b a n Hunn Nature o Jenkins Airport Wyoming S S ta te S t Ba Camden Park Contributors, City of Dover, Esri Community Maps y Delaware FirstMap, New Jersey Office of GIS, VITA, Rd Esri, HERE, Garmin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, Tree Canopy Over Dover Roads: 338.70 Acres d eR Lost Tree Canopy Total Tree Canopy Managed by City of Dover: 591.08 Acres 159 Tree Canopy on City of Dover Property: 252.38 Acres dg Lost Tree Canopy Area: 3.78 Acres Lo se

Exhibit A Item 9. Bradford Street Tree Evaluation Date : 6 / 29 / 2021 Evaluator : Kesha Braunskill, Mike Green, Sam Seo Sidewalk Improvement Recommended Tree Location Front (F) Side (S) Curb improvement, shaving, Tree Protection ( Y/N ) Clearance pruning for Root Protection General Condition Rating : Removal Reccomendation ( Y / Species Reroute (R), Porous (P), Concrete Notes : (M)‐ Median (D)‐ Driveway nearest Address Across (X) rebuilding (Milling in root bed) milling ( Y /N ) Reccomended ( Y / N ) Good, Fair, Poor, Dead N) cutting / Shaving (s) 225 F2 Norway maple curb improvement Y Y Y Shaving Good N 225 F1 Pin oak curb improvement Y N Y Shaving Good N 229 F Red Maple N Y Y N N Fair N 231 F/S Basswood N Y Y Y Shaving/ Reroute Good N 302 F Red Maple curb improvement N N Y Repair Good N 305 F Willow Oak curb improvement Y Y Y Shaving Good N 306 F Northern Red Oak curb improvement Y N N shaving Fair N 308 F Basswood curb improvement N N Y shaving Fair N 314 F Red Maple curb improvement N Y shaving Good N 318 F1 Willow Oak Rebuild N N Y Reroute Fair N 319 F Elm N Y Y Y Replace/Reroute Fair Y 323 F Willow Oak Rebuild Y N Y Shaving Good N 326 F1 Hemlock Rebuild N N Y Reroute Fair N 328 F1 Red Oak Rebuild N Y Y Reroute Fair N 328 F2 Sugar Maple Rebuild N N Y Reroute Fair N Brick 333 F Zelkova Rebuild Y Y Y Shaving Good N 340 F2 Zelkova Rebuild N N N Shaving / Reroute Fair N 340 F1 Crab apple Rebuild N N N Reroute Fair N 341 F Basswood Rebuild Y Y Y Shaving Good N 345 F Red Maple Rebuild Y Y Y Shaving/ Reroute Fair N 347 F Cherry Rebuild N Y Y Shaving Fair N 349 F Red Maple N N Y Y Shaving Fair N 352 F1 Norway Maple Rebuild N N N/A Fair N 352 F2 Maple Rebuild N N Y Reroute Fair Y Die back 160

Exhibit A Item 9. 400 F2 Red oak Rebuild Y Y Y Shaving / Reroute Fair N 406 F1 Maple Y Decay 407 F Norway Maple Rebuild N Y Y Shaving Fair N 412 F1 Red oak Rebuild N N Y Shaving / Reroute Fair N 412 F2 Red Maple Rebuild N N Y Flex Fair N 416 F1 Basswood Rebuild N N Y Poor Y Decline Y2 dead 416 F2 Basswood Rebuild N N Y Poor Y 420 F1 Basswood N N N N Shaving Fair N 423 F Basswood Rebuild N Y Y Y Fair N 424 F1 Norway Maple Rebuild N N Y Shaving / Reroute Fair N Mallet 424 F2 Honey Locust Rebuild N N Y Shaving Fair N 425 F2 Silver Maple N N N Y Shaving Good N 425 F1 Cherry Y Y N N Good N 426 F1 Red Oak Rebuild Y N Y Reroute Fair N Tip die back 504 F2 Norway Maple Poor Y 520 F1 London Plane Shaving N N Y Shaving Fair N Small crack 523 F2 Zelkova Rebuild N Y Y Y Good N 523 F1 Willow Oak Rebuild N N N Y Poor Y 534 F1 Sugar Maple Shaving N N N Poor Y Hypoxolon canker present 536 F1 Sugar Maple N N Y Poor Y Driveway 536 F2 Sugar Maple Poor Y 547 F Red Maple Y N Y Y Reroute Good N 601 F2, S London Plane Rebuild N Y N Good N 601 F1 Honey Locust Y N Y Y Shaving Fair 606 F1 Sugar Maple Rebuild N N N N/A Good N 606 F2 American Beach Rebuild N N y Shaving / Flex Good N 617 F2 Red Maple Rebuild N Y Y Shaving / Reroute Fair N 617 F1 Norway maple Rebuild N Y Y Shaving / Reroute Fair N 627 F Northnern Red Oak Rebuild N N Y Shaving Fair N 161

Exhibit A Item 9. 633 Zelkova Y N Y Y Shaving Fair N 637 F2 Basswood Rebuild N Y Y Shaving Fair N 637 F1 Red Maple Rebuild N Y Y Reroute / PP / Shaving Fair N 639 F2 Basswood Rebuild N Y Y Reroute / PP Fair N 639 F1 Basswood Poor Y 643 F Honey Locust Shaving N N Y Shaving Fair N 704 F4 London Plane Rebuild N N Y Reroute Fair N Brick / D 704 F3 London Plane Rebuild Y N Y N/A Fair N 704 F2 London Plane Rebuild N N Y Shaving Fair N 704 F1 London Plane Shaving N N Y Shaving Fair N 712 F3 London Plane N/A N N Y Reroute Fair N Brick / M 712 F2 London Plane Rebuild Y N Y Reroute Fair N Brick 712 F1 London Plane Rebuild N N Y Reroute Fair N Brick / D 720 F3 London Plane Rebuild N N Y Reroute Fair N 720 F2 London Plane N N N Y Reroute Fair N 720 F1 London Plane Shaving / Rebuild N N Y Reroute Fair N D 728 F2 London Plane Shaving N N Y PP / S Fair N 728 F1 London Plane Shaving N N Y Shaving/porous pavement Fair N M 16 clara S London Plane Rebuild Y N Y Y Good N On Bradford 19 clara S2 Red Maple Shaving N N N N Poor Y On Bradford 19 clara S Bradford Pear Rebuild N N N N Poor Y On Bradford 301 Mary S London Plane curb improvement Y N Y Shaving Good N On Bradford 162

Exhibit B Item 9. September 30, 2021 Ms. Sharon J. Duca, P.E. Public Works Director City of Dover Public Works P.O. Box 475 Dover, DE 19903 RE: N. Bradford Street Concept Plan for Street and Sidewalk Improvement Scope of Services and Cost Proposal Dear Ms. Duca: Century Engineering, Inc. (Century) is pleased to submit this proposal to provide professional engineering services to develop a Concept Plan for Street and Sidewalk Improvement for N. Bradford Street, from Cecil Street to Walker Road (200 to the 700 block), in Dover, Delaware. This proposal is being submitted in duplicate for signature. Once signed, we request that you keep one original for your records and return one original to Century Engineering, Inc. I. SCOPE OF SERVICES: Based on our discussions with you and your staff, Century proposes to provide professional engineering services to develop a Concept Plan for Street and Sidewalk Improvement for the City of Dover along N. Bradford Street to support the City’s planned repaving and ADA improvements in this corridor and to reduce the impacts to the existing trees to keep as much of the tree canopy as possible. Within the work corridor there are over 75 trees that could be impacted by the planned milling, curb replacement and ADA improvements. This concept will look at trees on an individual basis to determine if there are tree preservation measures and construction design/methods that can preserve the existing trees. It should be noted that ADA requirements must be met. In instances where compliance with ADA standards will result in the loss of a tree, it will be documented. The scope is also based on documents provided by the City. Data Gathering: • Conduct field review with City of Dover. • Independent review of Strobert and DFS reports and field recommendations by a certified arborist. Approximately 75 trees are within the corridor; DFS documented that 13 are in poor or dead condition. 163

Exhibit B Concept Plan for Street and Sidewalk Improvement Item 9. September 30, 2021 Page 2 of 6 • Initial research/documentation of right of way along Bradford Street within the corridor. This is not a comprehensive research of all parcels and is intended to provide approximate right of way lines. • Review of City identified ADA non-compliant pedestrian areas including ramps and uneven sidewalk and identifying locations of materials other than concrete. At locations where exiting trees are dead, or there are no tree/root impacts, traditional construction methods will be used to address the curb and sidewalk concerns. • Field documentation of curb and driveway aprons that are damaged and have been overgrown by tree roots. • Visual review of existing drainage and documentation of areas of roadway that have ponding. • Based on documents received by the City, prepare summary of owner opinions. Analysis: • Identify trees that must be removed due to disease or construction activities • Develop alternatives to preserve/minimize impact to the tree. Initial alternatives may include: o Sidewalk shaving. o Sidewalk adjustment, vertical and/or horizontal. This would also include identification of potential easements if the sidewalk adjustment goes outside of the existing right of way. o Curb modification to preserve or minimize impacts to existing roots. This could also entail elimination of parking in the areas of the trees. o Curb and/or sidewalk detail modifications (smaller typical section, less excavation). o Root protection The location of each alternative will be shown on a display. • In locations where trees need to be removed a recommendation of a replacement tree will be provided. • Cost estimates will be developed for all proposed work. Deliverable: Century will provide an aerial display that shows the anticipated impacts and proposed remediation for each block within the study area. A summary of all proposed work and estimates to complete the work identified in the displays will be developed. Century will also attend one public workshop with the City of Dover to present the conceptual findings to the public. After the meeting Century will compile comments received from the public and submit the summary to the City. II. EXCLUSIONS AND ASSUMPTIONS: The Scope is based on the following: 164

Exhibit B Concept Plan for Street and Sidewalk Improvement Item 9. September 30, 2021 Page 3 of 6 1. The plans will be developed in Microstation format for DelDOT Submittals and will be converted to AutoCAD and/or GIS format for the coordination with the City. 2. It is assumed that the existing Right of Way and property lines are based on desktop analysis. No deed research or property corner investigation is part of this scope of work. 3. Per discussion with the City, there are no historic districts within the corridor. III. FEES AND PAYMENTS: Century shall provide services on a “Fixed Rate plus Expenses” basis. The total cost includes the cost for Century’s time expended on this project, which includes: direct salary costs; overhead; and, profit. Reimbursable expenses will be billed at cost. Reimbursable expenses are the actual out-of-pocket direct expenses incurred by Century in connection with the project, such as mileage, printing, and reproduction, and will be based on Century’s company policy in effect at the time the reimbursable costs are incurred. Any fees associated with agency reviews or applications are not included and will be billed directly for reimbursement. The proposed “Fee and Payment” conditions are listed below: 1. Century will perform the work on a “Fixed Rate plus Expenses” basis for an estimated Not to Exceed Fee of Forty Thousand Dollars and No Cents ($40,000.00). 2. The performance of any work or the rendering of any services not included within the Scope of Services of this proposal is extra work, which will not be initiated without written authorization from a representative of the City of Dover referred to hereafter as “Client”. Fees for extra work will be negotiated and agreed upon by the Client prior to initiation. 3. Efforts identified as extra work shall be negotiated with the Client. Century’s Fees for the efforts (as negotiated) shall be based upon the following Rate Schedule (Rates include Overhead and Profit): Principal = $228.00/hour Project Manager = $188.00/hour Senior Project Engineer = $169.00/hour Project Engineer = $140.50/hour Engineer = $124.00/hour Sr. Designer/Planner = $118.00/hour Designer = $ 88.00/hour CADD/Technician = $ 78.30/hour Survey Manager = $175.00/hour 165

Exhibit B Concept Plan for Street and Sidewalk Improvement Item 9. September 30, 2021 Page 4 of 6 Survey Party Chief = $ 80.50/hour Survey Instrument Person = $ 52.50/hour Construction Inspector = $ 78.30/hour The above fees are based on current salaries and operational costs and shall be subject to escalation if work is negotiated on or after twelve (12) months from the date of this proposal. 4. Century will render invoices monthly or as phases of the work progress. Said invoices will be due in full within 30 days from the date of billing. If fees are not paid within 30 days, we reserve the right to pursue all appropriate remedies, including stopping work and retaining drawings without recourse. IV. GENERAL PROVISIONS: The following is a list of General Provisions that will be in effect if this proposal is accepted: 1. All submittals will be provided to the Client or their authorized representative. Should the Client and/or their authorized representative request additional information after the Client has approved the above-mentioned submissions, Century shall be compensated for the amount of time necessary to provide such information as an extra work item. 2. It is understood and agreed that once work is started on this project by Century, only the undersigned Client or their duly authorized agent, has the authority to order the work stopped on its behalf and only upon giving Century 10 days notice, in writing, as to when the work shall stop. The Client further agrees to be liable and to pay Century for all labor done, work performed, material furnished, and expenses incurred up to and including the day work stopped in accordance with the notice. 3. It is further understood and agreed that, after a work stoppage has been instituted by the Client or its duly authorized agent, within a reasonable time, they may order work to resume on this project, provided that Century is given 10 days notice in writing as to when work shall resume, and further provided that all money due and owed by the Client to Century shall have been paid in full. 4. Century agrees that this proposal shall remain open for 20 calendar days, the first day of that 20-day period to be the date of this proposal. Acceptance of the proposal after the end of the 20-day period is valid if Century elects, in writing, to reaffirm the proposal and waive its right to re-evaluate and resubmit the proposal. 5. Century reserves the right to renegotiate the contract which this proposal, if accepted, will comprise, on or after twelve (12) months from the date of this 166

Exhibit B Concept Plan for Street and Sidewalk Improvement Item 9. September 30, 2021 Page 5 of 6 proposal, provided the Client is given 30 days notice in writing, if salaries or operational costs increase in a significant amount. This proposal is based on current salaries and operational costs. 6. All documents prepared or furnished by Century, and Century’s independent professional associates and consultants, pursuant to this Agreement are the property of the Client. Any reuse without written verification or adaptation by Century for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Century, or Century’s independent professional associates and consultants, and the Client shall indemnify and hold harmless Century and Century’s independent professional associates and consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Century to further compensation at rates to be agreed upon by the Client and Century. 7. Neither the Client nor Century shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Century from employing such independent professional associates and consultants, as Century may deem appropriate to assist in the performance of services hereunder. 8. Client hereby agrees, to the fullest extent permitted by law, the total liability, in the aggregate, of Century and Century’s officers, directors, employees, agents, and independent professional associates and consultants, and any of them, to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to Century’s services, the project or this agreement from any cause or causes whatsoever, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of Century or Century’s officers, directors, employees, agents, or independent professional associates or consultants, or any of them, shall not exceed the total compensation received by Century under this agreement. 167

Exhibit B Concept Plan for Street and Sidewalk Improvement Item 9. September 30, 2021 Page 6 of 6 If this proposal is satisfactory and acceptable, and fully sets forth all terms of our understanding, please signify your acceptance by signing in the space provided below. This document will then constitute our complete contract. We look forward to working with you on this project. The Point of Contact for this Proposal or for information on this Project shall be Jonathan Hermes. Please feel free to call with your questions or comments. Very truly yours, CENTURY ENGINEERING, INC. ____________________________ _________________________________ William F. Conway, P.E. Jonathan M. Hermes, P.E. Senior Vice President Associate Vice President ACCEPTANCE WE, City of Dover, in consideration of the terms, and conditions of the proposal, which are fully set forth herein, do hereby accept this proposal as our complete agreement, and further agree to comply with all covenants herein. Witness:______________________ Signed:_______________________ Date:_________________________ Title:_________________________ Date:__________________________ cc: Bret Martine, P.E., Century Engineering Alex Schmidt, P.E., Century Engineering File 168

Item 17. MEMORANDUM TO: Council Committee of the Whole – Legislative Finance & Administration CC: Janella Sapp, Interim City Clerk, Dave Hugg, Director of Planning & Inspections Jason Lyon, Director of the Water/Wastewater Department FROM: Matt Harline, Interim City Manager DATE: October 5, 2021 SUBJECT: City of Dover Impact Fees and Permit Fees – Capital School District In March of this year the Capital School District asked for relief from Water/Wastewater Impact Fees and Building Permit Fees citing 14 Del C. §2006 a. that prohibits charging these fees except as they directly relate to additional services provided directly to that project. The City originally denied the request at the staff level and followed up with a further denial on May 12, 2021 in a letter from former City Manager, Randy Robertson in which he added that the City of Dover Code only permits the City Council to grant such fee waivers. The School District appealed directly to the Mayor and City Council with a letter on May 20, 2021. The Capital School District (CSD) appealed directly to the City Council Committee of the Whole – Legislative, Finance and Administration on August 10, 2021 with a request to return to this body by September 28, 2021. We were not able to schedule a meeting before September 29, 2021 at which time we did make some progress. Because CSD has stated in the letter of May 20, 2021 that they might pursue mediation as allowed for in the State Code, we are engaged in a sincere effort to come up with a plan acceptable to all parties, but we aren’t there yet. We expect that the final resolution will be condensed into a Memorandum of Understanding that will contain the following elements:  CSD will pay impact fees upfront that will cover any students brought into CSD buildings that are currently housed in other buildings, plus a fee to cover addition building usage for administrative and ancillary use.  The impact fee will be reduced substantially because although 1600 students will occupy the new middle school buildings they will be moved from existing buildings as CSD moves students among their buildings to implement their 10 – 15-year Facilities Master Plan (which they will share with the City of Dover).  The City and CSD will review the progress annually to make any adjustments and to provide for better utility service.  If CSD eventually sells a building the MOU will clearly state that the purchaser may be charged an impact fee for the expanded use on the system.  Building Permit Fees will be calculated based on the best estimate of the number and complexity of inspections based on similar projects. The fees will be based on salary and benefit expenses for the inspectors with an add-on cost for the materials, equipment, and support staff associated with those visits. Neither party wanted to continue to monitor the actual student populations of the various buildings or charge per inspection so the estimated amount will be acceptable to the school. We are working out the details of the agreement and will bring the completed version to the Council for final approval. 169