Backup Documents 12/12/2023 Item #16D 3 16D3 441
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date _
1. Wendy Klopf Community and Human Irk 03/28/2023
Services 2. Derek Perry County AttorneyVOC (--t 11 31z3
3. Minutes & Records Clerk of Court's Office /)//� 4?:
3/1)
4.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Wendy Klopf/CHS Phone Number 252-2901
Contact/ Depai lment
Agenda Date Item was 12/12/2023 Agenda Item Number 16D3
Approved by the BCC
Type of Document EHEAP-MOU with FPL&LCEC Number of Original 2
Attached Documents Attached
PO number or account NA
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? NA
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be WK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the NA
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's NA
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12/12/23 and all changes made during WK
the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. Ove
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16D3
Emergency Home Energy Assistance for the Elderly Program
EHEAP Vendor Agreement
Collier County Board of County Commissioners ("Recipient") and the undersigned energy vendor, Florida Power
&Light Company("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. FPL 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.
c. Vendor's representative(s)authorized to resolve a crisis are:
FPL ASSIST Representatives and FPL West Area Special Consumer Business Specialist Laura Bayona, or
Incumbent.
d. Recipient shall make energy payments directly to Vendor on behalf of EHEAP Clients through Recipient
checks.
e. Vendor 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.
f. Vendor 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.
g. Subject 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.
h. Recipient 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.
i. Vendor 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.
j. Subject 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's
account information and, in the case of crisis assistance, make timely commitments to resolve the crisis;
and (b) 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.
Page 1 of 4
CAO
16D3
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.
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.
I. 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 THISAGREEMENT.
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.
Page 2 of 4
16D3
Nothing herein may be construed as consent by Recipient to be sued by third parties in any manner arising
out of any contract.
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]
Page 3 of 4
10
16D3
RECIPIENT VENDOR
Collier County Board of County Commissioners Florida Power& Light Company
3299 Tamiami Trail E 700 Universe Boulevard
Naples, FL,34112 Juno Beach, Florida 33408
Federal ID Number:59-6000558 Federal ID Number: 59-0247775
WilliamsTanY Willi DigitallyamsTanya signed by
Date:2023.09.26
By: a 16:36:53-04'00'
(Signature)
Tanya R.Williams,Public Services Department
Head,as County Manager or Designee,pursuant to
Resolution No.2018-202
(Date)
Approved as to form and legality: B •
(S. natur\))1\'
Dawn Nichols,
fr() rb
Vice Presiocent, Customer Service
Derek D. Perry
Assistant County Attorney (Date)
/2//3/z
(Date)
Page 4 of 4
O
16D3 `
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.
c. Vendor's representative(s)authorized to resolve a crisis are:
LCEC ASSIST Representatives and Consumer Services Manager Elizabeth Resendiz,or Incumbent.
d. Recipient shall make energy payments directly to Vendor on behalf of EHEAP Clients through Recipient
checks.
e. Vendor 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.
f. Vendor 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 aremade.
g. Subject 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.
h. Recipient 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.
i. Vendor 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.
j. Subject 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's account information and,in the case of crisis assistance,make timely commitments to resolve the
crisis; and
(b)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.
1
16D3
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.
1. 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.
2
c .
1 6 D 3
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]
•
16D3
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
WilliamsTany Will DigiiamsTatatysignednyaby
Date:2023.09.26
Apprr. -. as to Form and gality, By: a 16:37:24-04'00'
Tanya R Williams
11
��a �j A. r,�� �� Public Service Department Head
Derek D. Perry v O
Assistant County Attorney ����� As designee of the County Manager,
pursuant to Resolution No.2018-202
(Date)
By:
Elizabeth Resendiz,
Supervisor, Customer Care
10.06.2023
(Date)
4
ono