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04/17/2024 to 04/16/2026 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 22, 2024 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The following item has been executed and added to the record: C25 Low-Income Home Energy Assistance Program (LIHEAP)Utility Payment Agreement between the Utility Board of the City of Key West, FL D/B/A Keys Energy Services and Monroe County Board of County Commissioners/Monroe County Social Services for the period of 04/17/2024 - 04/16/2026, contingent upon grant award. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSISTANCE PROGRAM UTILITY PAYMENT AGREEMENT This Low Income Home Energy Assistance Program ("LIHEAP")Utility Payment Agreement (hereinafter"Agreement" or"LIHEAP Agreement")is made this 17th day of April, 2024 by and between Monroe County, a political subdivision of the State of Florida (hereinafter "County") and the Utility Board of the City of Key West, FL DB/A Keys Energy Services (hereinafter"Contractor"), whose address is P.O. Box 6100, Key West, FL 33040. WHEREAS, the LIHEAP program provides heating/cooling bill assistance in the form of either a LIHEAP Home Energy Benefit or a LIHEAP Crisis Benefit on behalf of eligible households that meet income and residency criteria; and WHEREAS, County and Contractor have participated in the LIHEAP program since 2013 and have found this Agreement to be mutually beneficial to one another as well as qualifying individuals residing in Monroe County; and WHEREAS, County and Contractor wish to continue to work together to administer the LIHEAP program grant funds within Monroe County by renewing this Utility Payment Agreement; and NOW, THEREFORE,in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and both parties intending to be legally bound,the parties hereto agree as follows: 1. Purpose This Agreement shall govern the purchase of utility services from the Contractor on behalf of households eligible for the Low-Income Home Energy Assistance Program (LIHEAP). This Agreement is a contract between the County and Contractor for the provision of utility bill payments to assist low-income households within Monroe County. The current grant period for these funds is October 1, 2020 through June 30,2024. 2. Term of Agreement This Agreement will begin on April 17, 2024 and will end on April 16, 2026. This Agreement is contingent upon the County being awarded the grant beyond the current grant term which currently expires on June 30, 2024. Should the County not be awarded LIHEAP grant funding beyond the current term, this Agreement shall terminate on June 30, 2024. This Agreement shall be reviewed no later than March 31, 2026. This Agreement may be extended by the parties subject to section 3 of this Agreement. 3. Modifications of Agreement All modifications to this Agreement shall be in writing and agreed upon by both parties. 4. Termination of Agreement This Agreement will terminate effective immediately upon determination by the County that the Contractor is not in compliance with the terms of this Agreement. The Contractor will be notified within 15 calendar days of the termination. Either the County or the Contractor may terminate this Agreement with or without cause and without cost by giving the other party at least 60 calendar days written notice. Termination by either party shall not discharge any obligation owed by either party on behalf of a household that has been awarded a LHJEAP benefit. 5. County Responsibilities The County shall: a. Provide the Utility with a list of names and contact information for all agency personnel authorized to commit LHJEAP funds. The Utility will only accept payment commitment from authorized County personnel. Changes (additions/deletions)to the authorized personnel list must be approved in writing by an authorized County representative; b. Provide energy payments directly to the Contractor on behalf of the LHJEAP eligible customers; c. Provide a purchase order or payment transmittal sheet, which is a binding commitment to pay, to the Contractor within 10 days from the date of the County's promise to pay. The County shall provide payment to the Contractor within 45 days from the Application date; 6. Contractor Responsibilities The Contractor shall: a. Provide the County with a list of names and contact information of all Utility representatives authorized to resolve the LHJEAP eligible customer's energy payment crisis; b. Assure that no customer receiving LHJEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements; c. Agree 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; d. Agree 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 LHJEAP funds. The Contractor is aware that such charges are the responsibility of the customer, and it is the County's responsibility to identify such charges and exclude them from their payment to the Contractor; e. Understand that when the LH-1EAP benefit amount does not pay for the complete charges owed by the customer, that the customer is responsible for the remaining balance owed; f. Assure that the eligible customer will not to be treated differently than any other Keys Energy customer, either in the cost of goods supplied or the services provided; g. Assist the County in verifying the LH4EAP customer's account information. Subject to the Contractor's privacy requirements,the Contractor agrees to provide the County 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; h. Return payment to the County if the Contractor is unable to apply a LIHEAP payment to a customers account 7. General Conditions a. AUTHORITIES: Nothing herein shall be construed as authority for either party to make commitments that will bind the other party beyond the scope of services contained herein. b. DISCRIMINATION: The Contractor shall not discriminate against any household because of race, religion, color, sex, national origin, age, disability, political beliefs, sexual orientation, gender identity, or any other basis prohibited by state or federal law relating to discrimination. c. CONFIDENTIALITY: The Contractor and the County agree that any information and data obtained as to personal facts and circumstances related to households shall be collected and held confidential, during and following the term of this Agreement, and shall not be disclosed without the individual's and County's written consent and only in accordance with federal or state law. Contractor's who utilize, access, or store personally identifiable information as part of the performance of this Agreement are required to safeguard this information and immediately notify the Agency of any breach or suspected breach in the security of such information. The Contractor shall allow the County to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. d. SUBCONTRACTS: The County reserves the right to require the Contractor to obtain permission to subcontract any portion of the work. If requested by the County, the Contractor shall furnish to the County the names, qualifications, and experience of their proposed subcontractors. The Contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the Agreement. e. FRAUD: The Contractor will be permanently disqualified from participating in the LIHEAP upon the first finding of LH4EAP fraud. Fraud includes, but is not limited to, intentionally providing false information to the Agency or knowingly allowing others to do so; intentional failure to notify the Agency of a change in circumstances that affects payments received by the Contractor; intentionally accepting payments that the Contractor knows, or by reasonable diligence would know, the Contractor is not entitled to by virtue of an overpayment or otherwise; or intentionally making a claim for a payment to which the Contractor is not entitled pursuant to the terms of this Agreement and all applicable rules, regulations, laws and statutes. Repayment must be made unless contrary to a court order. f. NON-FRAUD OVERPAYMENTS: For overpayments received by the Contractor that are not the result of intent to defraud, the Contractor shall be required to repay the full amount to the Agency. g. BINDING ON HEIRS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of the respective successors and assign of each party, but does not otherwise create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. h. DUE AUTHORIZATION: The persons executing this Agreement on behalf of a party represent and warrant to the other party that he or she has been duly authorized by such party to so execute this Agreement. i. NON-DISCRIMINATION: The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to non-discrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. j. FORCE MAJEURE: Contractor shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly,forces beyond its control,including,without limitation,pandemics, strikes,work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer(software and hardware) services, or any other circumstances beyond that party's reasonable control. Contractor shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. k. FLORIDA PUBLIC RECORDS LAW (FLORIDA STATUTE 119.0701): Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all, attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. If the contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,AT (305) 292-3470, Il�uir�aui�,;�llllll�^ Il�vir„uu��ui ui�o P 'iwiruiruo�,�vi�wiri, c/o Monroe County Attorney's Office, 1111 1211 Suite 408, Key West FL 33040. 1. RIGHT TO AUDIT.Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. m. E-VERIFY. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. n. SEVERABIL,ITY: If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid, the invalidity shall not affect other provisions of this Agreement, which shall be given effect without regard to the invalid provision or application. o. ATTESTATIONS: Vendor agrees to execute such documents as the County may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement and a Vendor Certification Regarding Scrutinized Companies. p. PROMPT PAYMENT AND PURCHASING POLICY: The County is exempt from sales and use taxes. Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Vendor shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Invoices may be submitted upon completion of the services. Acceptability of the invoice to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the County Social Services department who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals, the invoice(s)will be forwarded to the County Clerk's office for payment. The parties to this Agreement acknowledge the responsibilities, specified above, and will provide the accomplishment of this service in a mutually acceptable and efficient manner. {remainder of page intentionally left blank; signatures to follow} RECIPIENT CONTRACTOR MONROE COUNTY BOARD OF COUNTY UTILITY BOARD OF THE COMMISSIONERS/MONROE COUNTY CITY OF KEY WEST, FL. SOCIAL SERVICES D/B/A KEYS ENERGY SERVICES 1100 SIMONTON ST. 1-190, KEY WEST, P.O. BOX 6100 FLORIDA 33040 KEY WEST, FLORIDA 33040 BY:W.12--' ---- BY: (Signature) (Signature) tejeda Lynne Mayor Holly Merrill Raschein (Name and Title) (Name and Title) Mar 25, 2024 (Date) (Date) ATTEST: p..5~KEV1-N c,IVIADOK, CPA, CLERK � • .P'�.. 7;_`i lye ,,,',,::,„,-/..,,, .:::,-;-129\-- p,„-,,',,,:-,_,:4‘ AA-04W\ar '` ''r-, i is tea\ '�;As peuty Clerk ;a X: r (S-:-A_L �.'` y W, 4� ;�at 't,1,6. } �µ ';:..iro'-)'°7 c 1. _1 t 'V:,,,rti, ''''':2':Z-:.2\,11.-''' (' ) I,----k Ljr),__ ,i ..,\„,,.., - ...r . .c.....')- --P- Approved as to form and legal sufficiency !it! -MonroeCounty Attorne�'s Office t #Cheri tins Carr,Assistant C©unt o Attorne --n ,�: ..N J '1-,9♦ ' rir,.,r ......terry iiii 24 Final Audit Report 2024-03-25 Created: 2024-03-25 By: Cagle Petit(cagle.petit@keysenergy.com) Status: Signed Transaction ID: CBJCHBCAABAAaTtSZY4ae-X5G913DxVL49sKL1y7UgVv "LI H EAP March 2024" History "1f) Document created by Cagle Petit(cagle.petit@keysenergy.com) 2024-03-25-2:37:58 PM GMT ..'' Document emailed to tejeda lynne (lynne.tejeda@keysenergy.com)for signature 2024-03-25-2:38:57 PM GMT "'m Email viewed by tejeda lynne (lynne.tejeda@keysenergy.com) 2024-03-25-3:22:25 PM GMT t� , Document e-signed by tejeda lynne (lynne.tejeda@keysenergy.com) Signature Date:2024-03-25-3:22:35 PM GMT-Time Source:server " Agreement completed. 2024-03-25-3:22:35 PM GMT Adobe Acrobat Signs