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04/18/2012 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 20, 2012 TO: Kim Wilkes Wean, Sr. Grants Coordinator Social Services Department FROM: Pamela G. Hancoc , . C. At the April 18, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C7 a Vendor Agreement between Monroe County Social Services and Florida Keys Electric Cooperative for the Low Income Home Energy Assistance Program (LIHEAP). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney w/o document Finance File ✓ C _fwr, of Courts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) VENDOR PAYMENT AGREEMENT FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM THIS AGREEMENT is made and entered into this 1 91x- day of 2012, by and Between Monroe County, hereinafter referred to as ( "County ") a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West Florida, 33040 on behalf of its Social Services Department, and Florida Keys Electric Cooperative (FKEC), whose address is 91605 Overseas Highway Tavernier, Florida, hereinafter referred to as ( "Vendor"). WHEREAS, County has entered into a low- income home energy assistance program (LIHEAP) federally funded sub grant agreement with the State of Florida, Department of Economic Opportunity (DEO), ( "LIHEAP Agreement "); and WHEREAS, the LIHEAP administered by Monroe County Board of County Commissioners, Social Services Department, provides funding to assist low income County Residents ( "consumers ") with payment of their energy costs; and WHEREAS, Vendor provides energy to low income consumers; and WHEREAS, County agrees to pay Vendor funds from LIHEAP to assist low income consumers with payment of their energy bills; and WHEREAS, Vendor agrees to accept the funds from LIHEAP to assist low income consumers with payment of their energy bills; NOW, THEREFORE, In consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other, receipt of which is hereby acknowledged by all parties, County an d Vendor hereby agree as follows: t Vendor's Responsibilities and Duties. The Vendor agrees to: 1) Accept the LIHEAP funds from County's LIHEAP office as either full or partial payment of energy bills for eligible low income consumers. 2) Charge eligible low income consumers, through Vendor's normal billing process, the actual unpaid difference between the vendor payment made through the program and the actual remaining unpaid cost of the home energy. 3) Eligible consumers receiving assistance under this program will not be treated adversely because of receipt of this assistance. 4) Eligible consumers, on whose behalf a vendor payment is received, either in cost of goods supplied or in the services provided, will not be discriminated against. 5) Adhere to and abide by the rules, regulations and guidelines of the LIHEAP program. 6) Notify County's LIHEAP office of any County payments not received by Vendor, for whatever reason, after the thirty (30) day notice of intent to pay has expired and furnish a copy of the payment guarantee. 7) Agree to not terminate services after notification from Monroe County Social Services that payment of an eligible recipient's utility bill will be made from LIHEAP funds. County Responsibilities and Duties. The County agrees to: 1) Determine the eligibility of energy customers to participate in the LIHEAP program. 2) Provide LIHEAP funds to either partially or fully satisfy payment of energy bills for eligible low income consumers. 3) Render payments to Vendor within thirty (30) days of County providing Vendor with notice of intent to pay. Payment to Vendor shall be made to: Name: Florida Keys Electric Cooperative Address: -9 wo pp verseas Highway PO Box: PO Box 377 City /State /Zip: Tavernier, Florida 33070 -0377 4) Provide Vendor with a resolution of guaranteed payments within five (5) working days of notification from Vendor of any payments not received within the thirty (30) day notice of intent to pay. 5) Provide Vendor with the rules, regulations and guidelines of the LIHEAP program, and specifically those outlined in the LIHEAP sub grant agreement, between Monroe County Board of County Commissioners and The State of Florida, Department of Community Affairs, DCA. 6) Agree to pay only energy related elements of an eligible recipient's utility bill. In no instance may water, sewerage or other non - energy related charges be paid expect if required by the vendor to meet the requirements of resolving the crisis. Any additional charges of this nature are the responsibility of the client. When the benefit paid by the Monroe County Social Services on behalf of the eligible recipient does not pay the complete charges owed, the eligible recipient will be solely responsible for the remaining balance. Terms of Agreement: The term of this Agreement shall be for five (5) years beginning on April 18, 2012 and terminating on April 17, 2017. However, this Agreement can be terminated by either party at any time, with or without cause, upon no less than fifteen (15) days notice in writing to the other party. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original agreement. Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: Q � / Y, .z °' z (SEAL) Attest /Wit sses By: Name Printed: � Z.6 E) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 29 By. /t/ /J' Mayor /Chairperson - ry o ss By: � 4uU 4 �� SS Name Printed �h�-;a l a(x"SS e 3/30/12 mskw VENDOR Florida Keys Electric:_Cb6g_erative By: Title: Telephone: � 7.4 Fax: 3 �����- 41 this _� day otj<n([Z012 —:7 c� n 0 0