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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 04/20/2013 Bulk Item: Yes X No Division: County Administrator Department: Social Services Staff Contact Person: AGENDA ITEM WORDING: Request approval of Utility Payment Agreement between Monroe County Board of County Commissioners/Social Services and Utility Board of the City of Key West, Fl. D/B/A Keys Energy Services. ITEM BACKGROUND: The Department of Economic Opportunity administers the federal funded sub grant agreement LIHEAP, Low Income Home Energy Assistance Program, contract #13EA-OF-11- 54-01-019. This grant allows Monroe County Social Services to provide financial assistance to low income residents in order to assist them with paying past due energy bills. Attachment A, "Scope of Work" Section D, Energy Vendor Relations, page 21 and 22 of the LIHEAP sub grant agreement requires the recipient, Monroe County, to maintain written agreements with home energy suppliers. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC for the Low Income Home Energy Assistance Program Contract Number 13EA-8F-11-54-01-019 on 2/20/13, item# C34. CONTRACT/AGREEMENT CHANGES: not applicable STAFF RECOMMENDATIONS: Approval TOTAL COST: $85,000.00 (approximate) COST TO COUNTY: $0 (no match required) BUDGETED: Yes X No _ SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH: YEAR: 414, APPROVED BY: County Atty. OMB urchasing _ Risk Management DOCUMENTATION: Included X Not Required To Follow DISPOSITION: AGENDA ITEM # Revised 8i06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY � Contract with: Utility Board of the City of Key Contract: 13Q4 - ()f-.- I i - 5 1 West, D/B/A Keys Energy Services Effective Date: 4/17/2013 Expiration Date: 3/31/2015 Contract Purpose/Description: Approval of Utility Payment Agreement between Monroe County Board of County Commissioners (Community Services/Social Services) and the Utility Board of the City of Key West, D/B/A Keys Energy Services Contract Manager: Sheryl Graham 305-292 Social Services/Stop I 4510 (Name) 41L (Ext.) For BOCC meeting on 4/17/2013 CONTRACT COSTS I Total Dollar Value of Contract: approx. $85,000 I Budgeted? Yes X No El County Match: $0.00 Additional Match: Total Match $0.00 Estimated Ongoing Costs: $ (Not included in dollar value above) Account Codes: /yr For: (Department/Stop #) Deadline: 4/2/2013 Current Year Portion: $— ADDITIONAL COSTS utilities, janitori CONTRACT REVIEW Changes Date Out Division Director D# n X5 Needed Yes 0 No Risk Management Yes 0 N I . . ... O.M.B./Purchasing Yes E No County Attorney Yes E Nolx� Comments: UMH 1"orm Revised 2/27/01 MCP #2 ORIGINAL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH UTILITY BOARD OF THE CITY OF KEY WEST, FL DIBIA KEYS ENERGY SERVICES. P.O. BOX 6100 KEY WEST, FLORIDA 33040 (305) 295-1020 FAX: (305) 295-1034 The undersigned home energy supplier hereby agrees to the following conditions in order to receive utility payments from the Low Income Home Energy Assistance Program (LIHEAP): 1. This agreement will begin on (APRIL 17, 2013) and will end on (APRIL 16, 2015). The agreement will be reviewed/renewed no later than (MARCH 31, 2015). 2. The Recipient agrees to provide the Utility with a list of names and contact information for all agency personnel authorized to commit LIHEAP funds. The Utility will only accept payment commitment from authorized Recipient personnel. Changes (additions/deletions) to the authorized personnel list must be approved in writing by an authorized Recipient representative. 3. The Utility agrees to provide the Recipient with a list of names and contact information of all Utility representatives authorized to resolve the LIHEAP eligible customer's energy payment crisis. 4. The Recipient agrees to provide energy payments directly to the Utility on behalf of the LIHEAP eligible customer. The Utility assures that no customer receiving LIHEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. 6. The Utility receiving direct payments on behalf of a customer agrees that the eligible customer will not to be treated differently than any other KEYS customer, either in the cost of goods supplied or the services provided. 7. The Utility understands that only energy related elements of a utility bill are to be paid with LIHEAP funds. No water or sewage charges may be paid except if required by the Utility to resolve the crisis. S. The Utility understands that only direct costs of energy related elements of a utility bill are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with LIHEAP funds. The Utility is aware that such charges are the responsibility of the customer and it is the Recipient's responsibility to identify such charges and exclude them from their payment to the Utility. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH 'TILITY BOARD OF THE CITY OF KEY WEST, FL DB/A KEYS ENERGY SERVICES. 9. The Utility understands that when the LIHEAP benefit amount does not pay for the complete charges owed by the customer, that the customer is responsible for the remaining balance owed. 10. The Utility agrees to assist the Recipient in verifying the LIHEAP customer's account information. Subject to the Utility's privacy requirements, the Utility agrees to provide the Recipient with the following detailed customer account information: (1) current amount owed, (2) due date/disconnect dates and (3) amount necessary to resolve the crisis situation. 11. The Recipient agrees to provide a purchase order or payment transmittal sheet, which is a binding commitment to pay, to the Utility within 10 days from the date of the Recipient's promise to pay. The Recipient shall provide payment to the Utility within 30 days from the issuance of the purchase order or payment transmittal sheet. 12. This Utility agreement will be signed by Recipient and Utility upper level management with authority to enter into such commitments. 13. If a LIHEAP payment to the Utility cannot be applied to a customer's account, the funds will be returned to the Recipient. RECIPIENT UTILITY MONROE COUNTY BOARD OF COUNTY UTILITY BOARD OF THE CITY OF KEY COMMISSIONERS WEST, FL P.O. BOX 6100 KEY WEST, FLORIDA 33040 BY: BY: f elf e (Signature) (Signature (V n n e FP) -ed c- CEb G M (Name and Title) (Namd and Title) (Date) 4 -2- i .3 (Date) soc I II si,:t`, 1 rIt v \"I! I I! I I I d dok:Lli Il cllt� I i 1011 of t I I,11 t :111111 h �:r I'01- . Iii I !l 0LI,,Clh I I d ! -!Ct I I 11C oji IQ W11V "11110k, and will tie olitIH1,2d I)v tile PcrI?1IIIQIit (4) fliconic Initoullt .111d Inctliod of \ crl fii c i I tion for all 11OLISQ1101d 111QIII11CI-S, (5) 111COIlle dOCLI111"' M It !oil to support Zl I '111d I 'S C"t press ntatiti e of the CLII-rent (()) Statement of sc I f-declaration of I I"Conle iCallp I ical)!Q; (7) I- S'-tlCd StI* clnent or llotv J%ISIC li% lilt-, Cxpellses, such as food. shelter and transportation. 111V 1-lem- provided if the total household Income is less than 50"l) of the current Federal Poverty GLI1(leliIICS and 110 one lit tile household is receiving SNAP assistance, () Copies of approval or denial letters provided to the applicant; (9) DOCLIMCIltatiOn of disability income or physician's statement if preference IS "IVCII due to a disability. 10) Documentation ot'applicant's obligation to pay the energy bill for the residence in which they reside. ( 11) All LIHEAP assistance applications must be signed by the applicant and by the Recipient's representative and s D. Ener2y Vendor Relations The Recipient shall negotiate and maintain written aureements (the -Vendor Agreement-). with homed energy suppliers which shall at a minimum include: Z�. I The be(,inninty and ending date of the a-reement. (2) The Vendor Agreement ITILISt include a process for identifying the Recipient's representatives authorized to resolve a crisis situation and make a payment commitment on behalf of the Recipient. (3) The Vendor Agreement ITILISt include a process for identifying the Vendor's representatives authorized to resolve a crisis, (4) A description of how energy payments will be made directly to the vendor on behalf of the LIHEAP eligible applicant. In cases where no vendor agreement exists, the payment shall be made to the applicant in the form of two-party check made payable to the applicant and vendor. This procedure shall be used only in rare -special circumstances. according to the Recipient's purchasing policies and only %t Ith \k ritten approval of the Recipient's management. (5) Assurances from the home energy supplier that no household reccl% III,-, L11 1EAP assistance will be treated adversely liccausc of'.,,UCh 3.SSiSMIICC Under applicable pro\ of -state law or public AsSuralICQS 11,oill tile hollie QnQrp, �Lljlplicr That tlicY lvffl Mit discriluinitQ, cithcr .it the cost )I 'o"ds "llilp! cd or o� 1ded. Tile IIOLIsQhOid 011 it ho,e AFQ M3klQ, t ) All 111;1t call`:' cilcr` v rc!i steal elements o!a utility lall :ire to lie ji nd, No Oi"ilt r or " T III p<?i4I cveept Tt ?'ctltlirc l lly tllt cncruy ,tindor to =esol,'tn", the Cris Is ,1nd o taller resource-, to pav that portion of the bill can 11c secured by the applicant or Recipient. (s l 4 t:itenlent that the Recipient intiy notI?av ti)C charges tllTtt rcs ttlt irl)T22 til t^al :lcttl"ittes titicll l i):Id check or nlc:ter tallip, ring. A statement that the ,endor is ai vare that those char-cs are the icsjlonsibllI . oft11c is )I?tTl ills. l Q) A itatement that the vendor is aw ire that when the :tc ICt2t EIIIIOUnt does not pay for the coTnplete tihartges owed by ,in applicant, that the applicant is responsible t()r the remaining amount owed. (10) I?etails on ho,v the vendor v�ill assist the Recipient in verifying: the L1IlEAI' applicant's account information and in the case of crisis assistance make timely commitments to resolve the crisis. A process shotild be in place to verify the current amount owned and the amount necessary, to resolve the crisis situation. (II I ) The Recipient's commitment to make payment to the vendor ,within thirty calendar stays of the day of the Recipient's promise to pay. (12) Vendor agreements shall be reviewed by both parties at least every two years. The agreement should include a beginning and end date. (13) Vendor agreements shall be signed by a representative of both the Recipient and the vendor who has authority to bind the entity and enter into such commitments. (1 4) A description of when L111EAP payments made to the vendor cannot be applied to the applicant's account, the funds will be returned to the Recipient or with the Recipient's approval applied to another eligible applicant`s account. (1-5) Tile energy vendor must be in "actiti'e" status with the State of Florida: Intp:, sunbiz.ortg'scarch.htnll and the vendor's name must be checked on EPLS: https: ',v,v,v ep1s.<,t�c "Che business name on the vendor agreement must match the legal business name on the State of Florida website. Municipal providers are excluded from this requirement. M