Agenda 12/12/2023 Item #16D 3 (Approve Memorandum of Understanding with the local utility companies Florida Power & Light and Lee County Electric Cooperative)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Understanding with the local utility companies Florida
Power & Light and Lee County Electric Cooperative "After-the-Fact" for the Emergency Home Energy
Assistance Program, which assists with delinquent electric bills to income-eligible Collier County elderly
residents. (Human Services Grant Fund 1837)
OBJECTIVE: To provide home energy assistance aid to elders in the event of a home energy heating or cooling
emergency.
CONSIDERATIONS: The Community and Human Services (CHS) Division’s Services for Seniors Program
(CCSS) has been providing support to Collier County’s frail and elderly citizens for over thirty -five (35) years
through the grant programs. The County as the Lead Agency is responsible for responding to seniors’ needs and
managing the spending authority for the Emergency Home Energy Assistance Program (EHEAP). EHEAP provides
assistance for home energy emergencies to qualified, low-income households with at least one (1) person sixty (60)
years of age or older.
The current EHEAP grant 203.21.04 which runs from July 1, 2023 to June 30, 2024, was approved “Afte - the-Fact”
by the Board of County Commissioners (Board) on August 8, 2023, Agenda Item #16D2. The grantor agency, Area
Agency on Aging of Southwest Florida (AAASWFL) is requesting CCSS, as the EHEAP lead agency, to update
our current Memorandum of Understanding (MOU) with Florida Power and Light (FPL) and Lee County Electric
Cooperative (LCEC).
AAASWFL routinely sends CCSS documents that require a 30-day turnaround time. This time frame makes it
impossible to process the documents for the Board’s approval in the time requested by the AAASWFL. The
MOU’s that are being presented “After-the-Fact” because Collier County received the MOU’s on September
21,2023, with an effective contract date of the last day the contract had been signed by both parties with an
effective date of October 1, 2023. Consequently, pursuant to CMA #5330 and Resolution No. 2018-202, the County
Manager authorized the Public Services Department Head to sign the contracts. These contracts are being presented
for Board ratification. Collier County, as the Lead Agency, is responsible to respond to seniors’ needs and
managing the spending authority for the Federal and State Funded Services for Seniors programs.
FISCAL IMPACT: Funding from AAASWFL is available in Human Services Grant Fund (1837), Project 33756.
There is no new Fiscal Impact associated with this action.
GROWTH MANAGEMENT: There is no Growth Management impact from this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATIONS: To approve a Memorandum of Understanding with the local utility companies Florida
Power & Light and Lee County Electric Cooperative "After-the-Fact" for the Emergency Home Energy Assistance
Program, which assists with delinquent electric bills to income-eligible Collier County elderly residents.
Prepared By: Wendy Klopf, Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. Collier County FPL EHEAP Vendor Agreement 2023-2025 exec (PDF)
2. Collier County LCEC EHEAP Vendor Agreement - 2023- 2025 - exec (PDF)
3. Resolution 2018-202 (PDF)
16.D.3
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 26983
Item Summary: Recommendation to approve a Memorandum of Understanding with the local utility companies
Florida Power & Light and Lee County Electric Cooperative "After-the-Fact" for the Emergency Home Energy
Assistance Program, which assists with delinquent electric bills to income-eligible Collier County elderly residents.
(Human Services Grant Fund 1837)
Meeting Date: 12/12/2023
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
10/18/2023 9:12 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/18/2023 9:12 AM
Approved By:
Review:
Community & Human Services Kim Frazier Additional Reviewer Completed 10/18/2023 1:25 PM
Community & Human Services Kristi Sonntag CHS Review Completed 10/18/2023 1:28 PM
Community & Human Services Tami Bailey Additional Reviewer Completed 10/23/2023 1:49 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 10/23/2023 2:54 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 11/02/2023 2:48 PM
Grants Erica Robinson Level 2 Grants Review Completed 11/06/2023 11:53 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:41 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 11/29/2023 9:45 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/29/2023 10:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/29/2023 2:07 PM
Grants Therese Stanley Additional Reviewer Completed 12/01/2023 11:37 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 12/01/2023 2:51 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/04/2023 8:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.D.3
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16.D.3.aPacket Pg. 2033Attachment: Collier County FPL EHEAP Vendor Agreement 2023-2025 exec (26983 : EHEAP MOU for FPL & LCEC)
16.D.3.aPacket Pg. 2034Attachment: Collier County FPL EHEAP Vendor Agreement 2023-2025 exec (26983 : EHEAP MOU for FPL & LCEC)
16.D.3.aPacket Pg. 2035Attachment: Collier County FPL EHEAP Vendor Agreement 2023-2025 exec (26983 : EHEAP MOU for FPL & LCEC)
9/26/202311/22/202316.D.3.aPacket Pg. 2036Attachment: Collier County FPL EHEAP Vendor Agreement 2023-2025 exec (26983 : EHEAP MOU for FPL & LCEC)
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Emergency Home Energy Assistance for the Elderly Program
EHEAP Vendor Agreement
Collier County Board of County Commissioners (“Recipient”) and the undersigned energy vendor, Lee County
Electric Co-Operative (LCEC) (“Vendor”), hereby agree to the following conditions. Vendor customers who
receive Emergency Home Energy Assistance Program (“EHEAP”) financial assistance are referred to as “Client(s).”
a. This Agreement will be effective on the last date signed below (“Effective Date”) and will expire 2 years
from that date. This Agreement shall be reviewed and, to the extent the parties agree on the terms and
conditions, be renewed by both parties at least every two (2) years. LCEC and Recipient may terminate the
Agreement for convenience or cause, with thirty (30) day written notice to the other.
b. Recipient’s representative(s) authorized to resolve a crisis situation and make a payment commitment on
behalf of a Client are:
Authorized Recipient representatives and Tami Bailey, or Incumbent.
FVendor’s representative(s) authorized to resolve a crisis are:
LCEC ASSIST Representatives and Consumer Services Manager Elizabeth Resendiz, or Incumbent.
GRecipient shall make energy payments directly to Vendor on behalf of EHEAP Clients through Recipient
checks.
HVendor assures that no household receiving EHEAP assistance will be treated in violation of any
applicable law by Vendor because of such assistance under applicable provisions of state law or public
regulatory requirements.
IVendor will not discriminate, either in the cost of goods supplied or the services provided, contrary to
applicable law against the eligible Client on whose behalf the payments are made.
JSubject to the qualification in the next sentence of this paragraph, Recipient and Vendor agree that Vendor
will endeavor to cause only energy-related elements of a utility bill are to be considered for payment
with EHEAP funds. Notwithstanding anything to the contrary in this Agreement, Recipient acknowledges
that the Vendor cannot specifically apply payments or portions thereof specifically against energy-related
charges, as Vendor payment processing always satisfies the oldest outstanding debit, regardless of debit
type.
KRecipient may not pay for charges that result from illegal activities including but not limited to returned
check fees, meter tampering and more. Vendor is aware that such charges are the responsibility of the
Client.
LVendor is aware that when the EHEAP benefit amount does not pay for the complete charges owed by a
Client, the Client is responsible for paying the remaining amount owed.
MSubject to the Client providing a Vendor-approved release and authorization to disclose to the Recipient
certain Client non-public information, Vendor agrees to: (a) assist Recipient in verifying the EHEAP
Client’saccount information and, in the case of crisis assistance, make timely commitments to resolve the
crisis; and
E allow such Client’s information to be collected and used by the Recipient as part of the Recipient’s annual
LIHEAP/EHEAP reporting performance measures to the Florida Department of Commerce.
The Vendor is aware that as long as an approved release and authorization form for EHEAP data is collected
and available, the Vendor will provide the agreed upon customer data to the Florida Department of
Commerce upon request.
CAO
16.D.3.b
Packet Pg. 2037 Attachment: Collier County LCEC EHEAP Vendor Agreement - 2023- 2025 - exec (26983 : EHEAP MOU for FPL & LCEC)
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In addition, and subject to the Vendor’s privacy requirements, the Vendor agrees to verify for the Recipient
the following Client account information: (1) current amount owed; (2) due date/disconnect dates; and (3)
amount necessary to resolve the crisis situation.
k. Recipient commits to make payment to Vendor no more than forty-five (45) from the Commitment
date.
l. Vendor is aware that if EHEAP payments made to Vendor cannot be applied to Client’s account, the funds
will be returned to Recipient within forty-five (45) days of refundable activity occurring or, with Recipient’s
approval, applied to another eligible Client’s account.
m. Vendor at a minimum will make documentation available monthly to the Recipient to demonstrate that
EHEAP’s benefit was delivered, the date of the benefit delivered, and the amount of these benefits.
i. It is the responsibility of the Recipient to appropriately enter commitments, so that the payments can
be properly tagged and be part of this documentation.
ii. Only payments received while commitment is active can be tagged accurately to be part of this
documentation .
n. Vendor must be in “active” status with the state of Florida at http://sunbiz/org/search.html and Vendor’s
name must be checked on SAM at https://www.sam.gov. The name on this Vendor Agreement must match
the legal business name on the State of Florida website.
o. This Agreement must be signed by upper level management of both Recipient and Vendor authorized to enter
into such commitments.
p. This Agreement governed by the laws of the state of Florida. Venue for any litigation arising out of this
Agreement shall be the courts of the State of Florida located in West Palm Beach, Florida. BY ENTERING
INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT.
q. Neither the Vendor nor its parent, subsidiaries and any affiliated company of NextEra Energy, Inc. nor any
of their respective officers, directors, agents and employees shall be liable to the Recipient for consequential,
special, exemplary, punitive, indirect or incidental losses or damages, including loss of use, cost of capital,
loss of goodwill, lost revenues or loss of profit under this Agreement. Vendor’s aggregate liability to the
Recipient with respect to all claims, demands, actions or losses arising as a result of or in any way connected
with the performance or nonperformance by Vendor of its obligations under this Agreement, whether based
on contract, warranty, indemnity, tort (including negligence), strict liability or otherwise, shall in no event
exceed with respect to each Client, the applicable EHEAP funds provided by the Recipient to Vendor under
this Agreement on behalf of each such Client giving rise to the claim, demand, action or loss. This paragraph
will survive the termination or expiration of the Agreement.
r. Recipient is a subdivision of the State of Florida as defined in Section 768.28, Florida Statutes, and is entitled
to sovereign immunity. Recipient is responsible for its own negligence only to the extent set forth in Section
768.28, Florida Statutes. Nothing herein is intended to waive Recipient’s sovereign immunity.
Nothing herein may be construed as consent by Recipient to be sued by third parties in any manner arising
out of any contract.
CAO
16.D.3.b
Packet Pg. 2038 Attachment: Collier County LCEC EHEAP Vendor Agreement - 2023- 2025 - exec (26983 : EHEAP MOU for FPL & LCEC)
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s. The Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all
of which together shall constitute one and the same instrument. It is also agreed that the facsimile or
electronic signature of either Party shall be binding upon the same as if signed in original.
[THE REST OF THIS PAGE IS BLANK. SIGNATURES ON FOLLOWING PAGE]
CAO
16.D.3.b
Packet Pg. 2039 Attachment: Collier County LCEC EHEAP Vendor Agreement - 2023- 2025 - exec (26983 : EHEAP MOU for FPL & LCEC)
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RECIPIENT VENDOR
Collier County Board of County Commissioners Lee County Electric Co-operative
3299 Tamiami Trail E 4980 Bayline Drive
Naples FL34112 North Fort Myers, Fl 33917
Federal ID Number: 59-6000558 Federal ID Number: 59-0329555
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to Form and Legality: By:
Tanya R Williams
__________________________ Public Service Department Head
Derek D. Perry
Assistant County Attorney As designee of the County Manager,
pursuant to Resolution No. 2018-202
________________________
(Date)
By: _____________________________
Elizabeth Resendiz,
Supervisor, Customer Care
_________________________
(Date)
CAO
d Legalityyyyyy::::::::::::::::::::::::::::::::::::::
____________________________________________________________________
ney
9/26/2023WilliamsTany
a
Digitally signed by
WilliamsTanya
Date: 2023.09.26
16:37:24 -04'00'
10.06.2023
9/26/2023
16.D.3.b
Packet Pg. 2040 Attachment: Collier County LCEC EHEAP Vendor Agreement - 2023- 2025 - exec (26983 : EHEAP MOU for FPL & LCEC)
16.D.3.c
Packet Pg. 2041 Attachment: Resolution 2018-202 (26983 : EHEAP MOU for FPL & LCEC)
16.D.3.c
Packet Pg. 2042 Attachment: Resolution 2018-202 (26983 : EHEAP MOU for FPL & LCEC)