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HomeMy WebLinkAbout2013-254 ia -1 () a2 S. M . Florida Power & Light Company 2613 _)L5 4 FPL CARE TO SHARE® PROGRAM AGREEMENT FPL East llService Area 5 =Year=Agreement from 11 t 0.014 to 1 DA3 i IB THIS AGREEMENT is entered into between FLORIDA POWER & LIGHT COMPANY , hereinafter referred to as " FPL " and Indian River County , hereinafter referred to as the "Agency . " The Agency should provide each of its intake offices involved in the program with a copy of the executed agreement . FPL ' s facilitation of this program agreement is delegated to FPL ' s Area Special Consumer Services Manager , hereinafter referred to as the " FPL Manager . " ASSIST Agency staff/volunteers handling intake for the program will hereinafter be referred to as "Caseworkers . " To assist the emergency needs of people in times of hardship , FPL shareholders , emploZR ees and customers are providing a contribution fund known as the " FPL Care To ShareR " emergency energy assistance fund for electric utility payment , also referred to as " C2S . " As part of its obligations under this agreement , the Agency will administer the FPL Care To Share funds to provide emergency energy assistance ( payment of FPL bills ) to residents in Indian River County Florida . The Agency will work with the appropriate social service providers in their area by sharing FPL Care To Share program information and promoting broad access to these community resources through the formal FPL Care To Share structure . As a condition to this Agreement becoming effective , the Agency will furnish to FPL a copy of its letter of determination of tax exempt status ( not applicable for agreements with county/municipal entities ) . The Agency will determine the eligibility of energy assistance recipients , subject to the Care To Share program standards . FPL will play no part in determining the eligibility of the applicant for assistance , or the amount of funding an approved applicant might receive . Before proceeding with eligibility assessment , the Agency must secure from the Account Holder ( or Applicant ) a signed "Authorization for Release of Information " form , in order to have access to FPL billing information . FPL reserves the right to request the Agency to provide copies of the forms as part of the program audit requirements . The Agency shall ensure that no person shall be subjected to discrimination in connection with the FPL Care To Share program on the basis of age , gender , disability , race , color , creed , national origin , religion or ancestry contrary to applicable law . 1 FPL Care To Share Program Agreement ( rev 2013-1015) FPL customers who are potential recipients of Care To Share funds shall have equal opportunity for assistance , and assistance remains available twelve months per year, as funding and resources permit . These standards cannot be added to or deviated from without the prior consent of the FPL Manager. The Agency signing this Agreement does hereby bind itself to the following terms and conditions : I . Eligibility Requirements Potential recipients must contact the administering Agency and follow the agency ' s intake process , which could include receiving preliminary screening and making an appointment with the Agency representative when appropriate . An eligible applicant ( or member of applicant' s household ) is one who meets all the following criteria : 1 . Must physically reside in FPL' s service area at the address for which assistance is sought . 2 . Must have an account with FPL or reside at the service location . Should an Agency employee seek to apply for Care To Share assistance through the Agency , an Agency supervisor — such as the Primary or Secondary contact listed on FPL ASSIST record - must contact the FPL Manager in advance for approval and commitment placement . 3 . Must have identification that reflects the client ( customer) name and the same address as the FPL account . Some examples of acceptable identification include a driver' s license , a rent receipt , a water or phone bill , a tax bill or a mortgage statement 4 . Must have a delinquent FPL bill , final notice , or disconnect notice for the FPL account . Current bill is also eligible , if Agency caseworker reasonably deems it appropriate . 5 . Must NOT have received a benefit under the FPL Care To Share Program within the last twelve months , at the current service address or any other address . This applies to the applicant and members of the applicant' s household , either together or individually . The commitment set- up date is used to determine the 12 - month time period . 6 . Must show proof of a family or personal crisis . The Agency is responsible for reasonably determining what constitutes a family or personal crisis . 2 FPL Care To Share Program Agreement ( rev 2013=1015) 7 . Must consider all other available government-funded sources for electric service payment assistance first , unless the applicant is in imminent danger of losing electricity ( service disconnect ) , and time does not allow the client to apply for government funds . In addition , FPL recognizes that government funds may not be available at the time due to limited resources . If that' s the case , the caseworker should record the circumstances in the client' s file . But if time does permit and government funds are available , then C2S should be considered only after the government funds for which the applicant qualifies have been applied for or committed . 8 . Must have a plan in place to maintain additional /future household expenses , if C2S assistance is provided . 9 . Must have a household income level that falls at or below 150 % of the Federal Poverty Level ( as revised annually by U . S . Health and Human Services ) . The incomes of all persons residing at the service address are to be included in determining household income eligibility . The Agency may exercise flexibility in expanding income limits based on special recipient situations and needs . 10 . Must NOT have a history of fraud or service tampering . This applies to the applicant and all members of the applicant' s household . This may include , but is not limited to , using a minor or fictitious name , unauthorized connection , re- connection or by- passing of the electric meter , current diversion , or tampering with the FPL service in any way . FPL views fraud and service tampering very seriously . If a client with a history of fraud or service tampering is permitted to receive an FPL Care To Share Program commitment , FPL reserves the right to pursue return of payment from the customer for any charges related to the fraud or service tampering activity . None of those charges can be paid for by FPL Care To Share Program funds . II . FPL Care To Share Application , Documentation and Records Retention 1 . Caseworkers will ask the client to sign an Authorization for Release of General and /or Confidential Information form and retain that signed original . If telephone pre-screening is conducted , the caseworkers will review the information from the release form and seek the client' s verbal approval to share information . Caseworker should note on the file that the client' s verbal approval was obtained . 2 . Caseworkers will use the Agency' s standard intake form for the FPL Care To Share program . 3 . Caseworkers will record the client' s proof of crisis and plan to sustain future bills . 3 FPL Care To Share Program Agreement (rev 2013-1015) 4 . Caseworkers will secure and retain a copy of the client' s actual bill ( or FPL facsimile provided through the FPL ASSIST Web Portal or by FPL staff) , notating the balance eligible for the program . ( Balance should be verified by calling FPL ASSIST Office ) . 5 . Regarding income , caseworkers will : a . Use potential recipient' s current participation in Temporary Assistance for Needy Families ( TANF ) , Medicaid , Supplemental Security Income ( S . S . I . ) , food stamps , and public housing for means testing . b . Verify and record " self- declaration " of recipient' s income based on established Agency guidelines to limit inappropriate disbursements . 6 . Caseworkers will note the call they make to the FPL ASSIST Office to confirm the customer' s eligibility , noting the date of the call and the first name of the FPL ASSIST representative who handled the call . 7 . Caseworkers will retain all approved applications , disapproved applications , and other pertinent records described in this section , for a period of three calendar years plus the current calendar year . 8 . Caseworkers will maintain a list of retracted commitments , indicating reason for retraction and when FPL was notified . III . FPL Care to Share Payment Requirements 1 . All FPL charges with the exception of deposits , non - electric optional products and services , return check fees , and additional billings resulting from service tampering ( non - inherited current diversion charges ) are eligible for the program . Late payment fees assessed to customer accounts during the time the Agency' s disbursement process to the utility is pending are applicable . 2 . If funds are available , and the recipient has no other means to pay , the Agency must pay the entire delinquent amount up to the currently prescribed upper limit , as determined by FPL . While this limit can be increased or decreased at the discretion of FPL , the standard upper limit for the program is $ 500 . 3 . No recipient or a member of recipient' s household , either together or individually , may receive more than a one -time benefit in a twelve - month period . No recipient or member of recipient' s household may circumvent this limitation by changing account names among themselves or by moving to a new location . Commitment set- up date is used to determine the 12 - month time period . 4 FPL Care To Share Program Agreement ( rev 2013-1015) 4 . Disbursement of funds by the Agency must be by check payable to Florida Power & Light Company and must be received by FPL' s Payment Processing Center no later than 60 days from the commitment date . 5 . Payment must be submitted in the name of the FPL Account Holder ( customer of record ) for the household applying for assistance . 6 . Exceptions to the requirements listed above require the approval of the FPL Manager , and may require additional approval by the FPL Coordinator. IV . Public Energy Assistance Programs The FPL Care To Share Program is designed to fill voids in existing energy assistance programs that have exhausted their resources or where recipient' s needs exceed program limits . Agency caseworkers should document efforts to link recipient with LIHEAP , EHEAEP , and the National Food and Shelter ( FEMA) program energy funds in advance of, and prior to committing any , Care To Share funds to such client . V . FPL / Agency Interface Program Fundin_g FPL will solicit its customers to contribute to the " Care To Share " fund via the customer' s monthly electric statement , and may as an option supplement customer contributions with shareholder and employee contributions . FPL will determine in its sole discretion the method by which contributions will be collected . FPL will collect and distribute these funds to the administrative Agency proportional to the amount of donations received in the area to which the Agency has agreed to provide program services . FPL shareholder and employee contributions will be distributed to the administrative Agency at the discretion of FPL , with area population and poverty factors considered . C2S is funded solely by FPL customers , shareholders and employees . C2S agencies do not fund the program . FPL will work closely with the Agency on disbursement of Agency funding . FPL funds from all sources will be disbursed to the Agency on a quarterly basis ( subject to change upon 30 days notice from FPL ) . 5 FPL Care To Share Program Agreement ( rev 2013-1015) Program Commitments and Payment Commitments must be paid and itemized using an FPL Payment Transmittal form ( or alternative transmittal as pre- approved by FPL ) that contains the following : Agency name , address , preparer' s contact phone and/or email and date submitted Funding type for the payments contained on the specific transmittal ( i . e . , LIHEAP , EHEAP , Care To Share , and Other Assist) Note : Please use separate transmittals for different funding types . FPL Customer Name of Record Address where FPL is providing service Alternative Client Name if not FPL Customer of Record FPL Bill Account Number Amount of Commitment to be placed . Prepared transmittals must be mailed to the following address , and FPL will provide pre- addressed envelopes upon request : FPL ASSIST PO Box 25231 Miami FL 33102- 5231 In some cases , the Agency may not be able to use the Transmittal Envelope because of their processing system . In those cases , and to ensure timely and accurate posting of payments , the above identified mailing address must still be used . Agency commitments may be submitted in the following ways : Phone call to 1 -800480 -7927 Fax to 1 = 800-480-7928 FPL ASSIST web portal No deductions from Care To Share funds may be made for overhead , salaries , administrative costs or any other expense incurred by the Agency . The entirety of funds disbursed for Care To Share must be applied to payment assistance on behalf of FPL customers . FPL Program Staff FPL ' s Assistance and Referral Representatives (ASSIST Reps ) will serve as the utility' s primary liaison on a day4o-day basis with the Agency ( caseworkers ) concerning billing inquiries and commitments . ASSIST Reps will be contacted in a timely manner concerning committed program funds for each recipient . The FPL Manager will serve as primary contact concerning the overall administration of the program , including when the Agency is requesting an exception commitment . 6 FPL Care To Share Program Agreement (rev 2013-1015) The FPL Manager has the authority to change Care To Share program qualifications and process requirements on a "temporary" basis , with thirty days notice to the Agency , if in the best interests of FPL , its customers and partner agencies . This would include temporary changes to payment limits , number of payments for a client annually and other such considerations . Client Education The Agency should encourage energy efficiency through referral of the client to FPL `s free energy survey service ( 1 -800- DIAL FPL ) and by distributing FPL energy conservation and program information , when feasible and as appropriate for the applicant . FPL will keep the Agency advised regarding available programs . The Agency should encourage FPL ' s billing and payment programs , when feasible and as appropriate for the applicant , including FPL 62PIus , Friendly Reminder , On - Call , Budget Billing , and others as appropriate . FPL will keep the Agency advised regarding available programs . Agency Staff Trainin_g Caseworkers handling intake for the Care To Share Program must first be trained on the program criteria , either through the agency , FPL Manager or a combination of both sources . Caseworkers must read , sign and agree to abide by the Program Eligibility Criteria outlined in the FPL " Staff/Volunteer Certification " form . Caseworkers will sign this form to confirm their understanding of program guidelines , and their commitment to use account information obtained from FPL for the sole purpose of conducting the customer qualification process . The form must be maintained by the Agency and be made available upon request . Agency Staff/FPL ASSIST Record The Agency must maintain its list of authorized ASSIST agents and communicate any changes to that list to FPL through its ASSIST Office or FPL Manager . VI . Auditing The Agency will routinely review Care To Share recipient files and program processes . The Agency will include Care To Share funding in its own internal auditing schedule and will confirm the completion of such audits by their signature on the Quarterly Agency Fund Reconciliation report . In this report , the Agency will indicate any significant irregularities to FPL as found . On a quarterly basis ( due by the 15th day of the first month of each quarter , for the prior quarter) , the Agency will provide to the FPL Manager the following : the completed Fund Reconciliation Report , signed by a principal of the Agency , confirming the C2S fund to be " in balance" and verifying that the information provided is as true and accurate as possible . The completed and signed Fund Reconciliation Form also demonstrates the Agency' s internal reconciliation of the fund . 7 FPL Care To Share Program Agreement ( rev 2013-1015) the Fund Reconciliation form also includes the following metrics : o Previous Audit Ending Balance o Funds Provided by FPL to Agency o Transmittals Paid and/or Submitted to Agency Payment Dept for Payment o Other Adjustments o Audit Ending Balance o Number of Customers Served Copies of all transmittals pertaining to that Quarter' s report . The FPL Manager will audit the records submitted and will request from the agency copies of signed Authorization for Release , forms for customers selected at random from the accounts covered in that quarter . Upon completion of the quarterly audit , the FPL Manager will provide a completed quarterly audit report to the Agency . The report will specifically confirm the audit as acceptable ( or not ) , and/or identify any exceptions cited , along with recommended (or required ) steps to eliminate or correct said exceptions and process shortcomings . In addition to the quarterly audit , FPL and /or a third - party designee will conduct an on -site agency Operational Review no more than once every two years . These on -site visits are intended to be minimally intrusive to the agency ' s normal operation , and will be scheduled approximately thirty days in advance . The agency will be advised on what type of files/documentation /information will be needed for review . The agency may be asked to review some information in advance , to facilitate an efficient on -site review . FPL is solely responsible for securing the third party designee to conduct the on - site operational review and paying for the third party designee ' s services . VII . General The Agency and FPL personnel will strive to provide this community resource with a high degree of professionalism , reflecting positively on the program ' s donors , FPL and the Agency . The Agency and FPL have named the following designees for purposes of this Agreement: FPL Corporate Contact Agency Contact Louis Gonzalez Jason Brown Special Consumer Services Coordinator Director of the Office of P . O . Box 029100 Management and Budget Miami , FL 33102-9100 1801 27th Street ( 305 ) 442-5801 Vero Beach , FL 32960 (772 ) 226- 1214 FPL Area/Regional Contact Agency Contact Dianne Verner Bradley Bernauer East Area Special Consumer Services Mgr. Human Services Program Manager 6001 Village Blvd , CSC/CSE c/o Gifford Health Center West Palm Beach FL 33407 467528 th Court Phone : 561 -640-2540 Vero Beach , FL 32967 (772 ) 226- 1422 8 FPL Care To Share Program Agreement (rev 2013-1015) The Parties understand this program is designed to be flexible to the current needs of the community, and modifications may be made from time to time to make the program more effective . Any modifications to this Agreement must be by mutual agreement of the Parties in form of a written amendment . VIII . Miscellaneous FPL may terminate this agreement at any time without liability to any party . In no event shall either party hereto be liable to the other for consequential , special , exemplary, indirect or incidental losses or damages under the agreement, including loss of use , cost of capital , loss of goodwill , lost revenues or loss of profit , and Agency and FPL each hereby release the other and each of such persons and entities from any such liability . This agreement is governed by Florida law. THE PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AGREEMENT . IX. Approvals Upon its execution , this Agreement shall supersede any previous agreements and remain in force for five years -- from January 1St, 2014 to December 31St , 2018 . Either party has the right at any time on ninety (90) days written notice to the other to terminate or amend the Agreement. Should this occur, any remaining funds will be returned to FPL along with a complete accounting . IN WITNESS WHEREOF , Florida Power & Light Company and the Agency caused this Agreement to be executed on the date indicated below. FPL Agenc Florida Power & Light Company Board of County Commissioners P . O . Box 029100 Indian River County, Florida Miami , FL 33102-9100 �-�co" MAINS , ` 0#4 NX48 ago • . � Mr. Louis Gonzalez Jr Peter D . O ' Bryan ; * (Print Name) (Print Name) go t o: as Z- Special Consumer Svcs Coordinator Chairman �ti9�� Of: . ; . . .: ' ' o�� • `' *;�ZGUUVAI G (Title) ) lI� • • • � / 2 �1��/3 ( gnatu Da e) (Signature / Date) Attest: Jeffrey R. Smith, Clerk of Circuit Court and C ptroller FPL Care To Share ProgramftwArr W* (re 3-1015) 9 � i APPROVED BY BOARD of COUNTY COMMISSION : December 10 , 2013 ATTEST: Jeffrey R . Smith , Clerk of Court and Comptroller By: Deputy Cler Approved as to form and legal sufficiency: dLz1 ae Dylan Reingold , ' bounty Attorney Indian River County, Florida Approved : �01►tMJ • seph Baird , County Adminis r I ian River County, Florida i IZ5 '••.,ER COUP „ ' Indian River County A roved Date AdministrationqjV3 County Attorney Budget Department Risk Management END FPL Care To Share Program Agreement (rev 20134015)