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Item C06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 04/18/2012 Bulk Item: Yes X No Division: County Administrator Department: Social Services Staff Contact AGENDA ITEM WORDING: Request Approval of Vendor Agreement between Monroe County Social Services and Keys Energy Services. ITEM BACKGROUND: The Department of Economic Opportunity administers the federal funded sub grant agreement LII-IEAP, Low Income Energy Assistance Program. 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 of the LH- EAP contract requires the recipient, Monroe County, to maintain written agreements with home energy suppliers. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted on 2/15/12 for the Low Income Home Energy Assistance Program (LIHEAP) Contract Number 12EA-OF-11-54-01-019 between the Department of Economic Opportunity and Monroe County Board of County Commissioners, item# C9. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: $84,623.00 COST TO COUNTY: $0 (no match required) BUDGETED: Yes X No SOURCE OF FUNDS: DEO-Grant funds REVENUE PRODUCING: Yes No X AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty. OMB/Pu hasing _ Risk Management M _Sr DOCUMENTATION: Included X Not Required To Follow DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keys Energy Services Contract: Effective Date: 4-01-2012 Expiration Date: 3-31-14 Contract Purpose/Description: Approval of Vendor Agreement with Keys Energy Services (KES) to meet the grant agreement Low Income Home Energy Assistance Program Federally funded Subgrant Agreement Number 12EA-OF-11-54-01-019 contractual requirements and for the provision of funds to pay electric bills for low income Monroe County residents. Contract Manager: Sheryl Graham 4592 Social Services/Stop 1 (Name) Ze/(Ext.) (Department/Stop #) For BOCC meeting on 4/18/2012 Agenda Deadline: 4/3/2012 CONTRACT COSTS Total Dollar Value of Contract: approx. $84,623.00 Budgeted? Yes X No Account Codes: County Match: -0- Additional Match: n/a Total Match $0 Estimated Ongoing Costs: $ /yr (Not included in dollar value above) For: Current Year Portion: $ 125_ _6153512- 530430,530431 -. ADDITIONAL COSTS CONTRACT REVIEW Division Director D to Ip �� j'�� Changes L ed evie er Ye No ( Date Out / , Risk Management O.M.B./PuVasing County Attorney 45Z � Yes No f Yes Yes Comments: OMB Form Revised 2/27/O1 MCP #2 J 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 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 Energy Services (KES), whose address is 1001 James Street Key West, 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 and Vendor hereby agree as follows: 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 payments 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: Keys Energy Services Address: 1001 James Street PO Box: City/state/ zip: Key West, Florida 33040 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 Economic Opportunity (DEO). 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. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L. KOLHAGE, CLERK By: By: Deputy Clerk Date: (SEAL) Attest/Witnesses By: Name Printed: By: Name Printed: 3/30/12 mskw Mayor/Chairperson VENDOR KEYS ENERGY SERVICES By: _ Title: Telephone: Fax:_ this day of , 2012 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 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 Energy Services (KES), whose address is 1001 James Street Key West, 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 and Vendor hereby agree as follows: 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 payments 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: Keys Energy Services Address: 1001 James Street PO Box: City/state/ zip: Key West, Florida 33040 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 Economic Opportunity (DEO). 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. (SEAL) Attest: DANNY L. KOLHAGE, CLERK 0 Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Mayor/Chairperson VENDOR (SEAL) Attest/Witnesses KEYS ENERGY SERVICES By: Name Printed: By: Name Printed: 3/30/12 mskw By: _ Title: Telephone: F this day of , 2012 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 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 Energy Services (KES), whose address is 1001 James Street Key West, 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 and Vendor hereby agree as follows: 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 payments 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: Keys Energy Services Address: 1001 James Street PO Box: City/state/ zip: Key West, Florida 33040 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 Economic Opportunity (DEO). 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. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L. KOLHAGE, CLERK By: By: Deputy Clerk Date: (SEAL) Attest/Witnesses By: Name Printed: By: Name Printed: 3/30/12 mskw Mayor/Chairperson VENDOR KEYS ENERGY SERVICES By: Title: Telephone: Fax:_ this day of , 2012