HomeMy WebLinkAbout2023-263BA TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Florida Power & Light Company
FPL CARE TO SHARE° PROGRAM AGREEMENT
FPL East Service Area
5 -Year Agreement from January 1, 2024, to December 31, 2028
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 Business Specialist. 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,
employees and customers are providing a contribution fund known as the "FPL Care To
Share°" 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 eligible
residents in Indian River County, Florida. The Agency will serve as the administrator and
lead service provider for the program and may be asked to coordinate with other FPL Care
To Share service provider(s) in the county, as designated by FPL.
The Agency will register in the FPL ASSIST Program. The FPL ASSIST Program provides
a standardized process for the Agency to access/verify customer account information,
provide information to FPL for program qualification purposes and notify FPL of pending
agency payments. The FPL ASSIST Web Portal is the agency's primary resource to
access/verify account information and to make commitments. The "FPL ASSIST Office" is
the telephone center for the FPL ASSIST Program and serves as a secondary contact
point for the Agency, if needed.
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 FPL
Care To Share program criteria. 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 General and/or Confidential
Information" form, in order to have access to FPL billing information. FPL reserves the
1 FPL Care To Share Program Agreement (rev 11-27-2023)
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CERTIFICATION ON LAST PAGE
�:YAN L. BUTLER, CLERK
right to request the Agency to provide copies of the forms as part of the program audit
requirements. If telephone pre-screening is conducted, the caseworkers will review the
information from the release form and seek the applicant's verbal approval to share
information. Caseworker should note on the file that the applicant's verbal approval was
obtained.
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.
FPL customers who are potential recipients of FPL Care To Share funds shall have equal
opportunity for assistance, and assistance remains available twelve months per year, as
funding and resources permit.
The eligibility criteria cannot be added to or deviated from without the prior consent of the
FPL Area Business Specialist Manage .
The Agency signing this Agreement does hereby bind itself to the following terms and
conditions:
I. Eligibility Criteria
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 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 FPL Care To Share assistance through the
Agency, an Agency supervisor — such as the Primary or Alternate contact listed on
FPL ASSIST Program record - must contact the FPL Business Specialist MaRageF
in advance for approval and commitment placement.
3. Must have identification that reflects the applicant 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 or Past Due FPL bill, final notice, or disconnect notice for
the FPL account. If, however, the customer's account is not delinquent, the
customer with a current bill may satisfy this requirement by showing proof of a
family or personal crisis. The Agency is responsible for reasonably determining
what constitutes a family or personal crisis. r, FFeRt hill is al69 eligible if
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2 FPL Care To Share Program Agreement (rev 11-27-2023) .
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
5. Must NOT have received a benefit under the FPL Care To Share Program within
the last twelve months; at the current service address. The initial commitment set-
up date is used to determine the 12 -month time period.
6. 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 applicant's file. But if time does permit and
government funds are available, then FPL Care To Share should be considered
only after the government funds for which the applicant qualifies have been
applied for or committed.
7. Must have a plan in place to maintain additional/future household expenses, if
FPL Care To Share assistance is provided.
8. Must follow the income guidelines provided below in Table 1.1, which will be
updated annually based on the ALICE (Asset Limited Income Constrained
Employed) reporting which will be provided by United Way. The annual updated
ALICE guidelines will be provided to the Agency by FPL, as soon as possible, for
immediate distribution and implementation to all the offices of the Agency
administering FPL Care To Share funds. The incomes of all persons residing at
the service address are to be included in determining household income eligibility.
Table 1.1: Income Guideline thresholds by family tyae and FPL Region
FPL Single Adult Family Senior 60+
Re ion Coun annuall annuall(annuallyl
East Indian River $25,464 $74,460 $28,224
Martin
Okeechobee
Palm Beach
St. Lucie
9. Must NOT have a history of fraud or service tampering. 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 an applicant with a
history of fraud or service tampering is permitted to receive an FPL Care To Share
FPL Care To Share Program Agreement (rev 11-27-2023)
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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 applicant 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 applicant'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 applicant's proof of crisis and plan to sustain future
bills.
4. Caseworkers will secure and retain a copy of the applicant's actual bill (or FPL bill
statement provided through the FPL ASSIST Web Portal or by FPL staff), notating
the balance eligible for the program. Balance should be verified through the FPL
ASSIST Web Portal.
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. If a call to the FPL ASSIST Office is needed to qualify the applicant, caseworkers
will note the date of the call and the first name of the FPL ASSIST representative
who handled the call. In most cases, caseworkers should be able to use the FPL
ASSIST Web Portal to qualify the applicant and make a commitment. The use of
the FPL ASSIST Web Portal should then be noted.
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.
Ill. 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.
-�' 4 FPL Care To Share Program Agreement (rev 11-27-2023)
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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 may receive more than a one-time benefit in a twelve-month period
on the current account. No recipient may circumvent this limitation. Commitment
initial set-up date is used to determine the 12 -month time period.
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 Area
Business Specialist MaaageF, and may require additional approval by the FPL
Lead Area Business Specialist Maaagef.
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 the Low Income Home Energy Assistance Program (LIHEAP), the Emergency
Home Energy Assistance Program for the Elderly (EHEAP), and the National Food
and Shelter (FEMA) program energy funds in advance of, and prior to committing
any, FPL Care To Share funds to such client.
V. FPL / Agency Interface
Program Fundinq
FPL will solicit its customers to contribute to the "FPL 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.
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).
51 FPL Care To Share Program Agreement (rev 11-27-2023)
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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, FPL 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
P.O. 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:
1. FPL ASSIST Web Portal
2. Phone call to 1-800-480-7927
No deductions from FPL 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 FPL Care To Share must be applied to payment assistance on
behalf of FPL customers.
FPL Program Staff
The FPL ASSIST Web Portal is the agency's primary resource to access/verify
account information and to make commitments. The "FPL ASSIST Office" is the
telephone center for the FPL ASSIST Program and serves as a secondary contact
point for the Agency, if needed.
The FPL Area Business Specialist Manager will serve as primary contact concerning
the overall administration of the program, including when the Agency is requesting an
exception commitment.
The FPL Area Business Specialist Manager has the authority to change FPL 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.
6T4 ^ FPL Care To Share Program Agreement (rev 11-27-2023)
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RYAN L. BUTLER, CLERK
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 Training
Caseworkers handling intake for the FPL Care To Share Program must first be
trained on the program criteria, either through the agency, FPL Area Business
Specialist MaaageF 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 criteria, 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 agents for FPL's ASSIST Program
through the FPL ASSIST Web Portal.
VI. Auditing
The Agency will routinely review FPL Care To Share recipient files and program
processes. The Agency will include FPL 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 Statement of Fund Verification form. 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 Area Business Specialist Maaagef
the following:
the completed Agency Statement of Fund Verification form, signed by a
principal of the Agency, confirming the FPL Care To Share fund to be "in
balance" and verifying that the information provided is as true and accurate as
possible. The completed and signed Agency Statement of Fund Verification
form also demonstrates the Agency's internal reconciliation of the fund.
the Agency Statement of Fund Verification 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
FPL Care To Share Program Agreement (rev f -27-2023)
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
o Other Adjustments
o Audit Ending Balance
o Number of Customers Served
Copies of all transmittals pertaining to that Quarter's report.
The FPL Area Business Specialist MaRageF will help to coordinate the audit of the
records submitted and will request from the agency copies of signed Authorization for
Release of General and/or Confidential Information forms for customers selected at
random from the accounts covered in that quarter. Upon completion of the quarterly
audit, the FPL Area Business Specialist Manage 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.
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
Dawn Nichols Budget Director
Vice President, Customer Service Indian River County
700 Universe Boulevard 1801 271h Street
Juno Beach, Florida 33408 Vero Beach, Florida, 33960
772-226-1214
FPL Area/Regional Contact
Laura Bayona
Special Consumer Services Business Specialist
410515 1h Ave SW
Naples, Florida, 34116
239-248-9176
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.
81 FPL Care To Share Program Agreement (rev 11-27-2023)
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
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.
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FPL Care To Share Program Agreement (rev 11-274023)
IX. Approvals
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS^10 CERTIFY THAT FNS IS ATRUE AND CORRECT
C THE 0 FNE THIS OFFICE
A ATAN AI ERK/
a- i`
Upon its execution, this Agreement shall supersede any previous agreements and
remain in force for five years -- from January 1, 2024 to December 31, 2028. 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 Agency
Florida Power & Light Company Board of�......County Commissioners .Giss�o••
700 Universe Boulevard 180027 Street !✓F�
Juno Beach, Florida 33408 Vero Beach, Florida 3 60?=` s
By:
(Signature)
Dawn Nichols,
Vice President, Customer Service
(Date)
APPROVED BY BOARD OF COUNTY
COMMISSION: December 12,E
DATE
ATTEST: Ryan Butler, Clerk of Court and
Corp9poller n,
By:
Title:
Ap r "astofm w
ciency:
Illiam K. DeBraal, Younty Attorney
Indian River County, FL
Appro e
J n A. Titkanich, Jr., County Administrator
Indian River County, FL
By:
(Signat e) ?Q�.
SusanAdafhs,
Chairman .
• �'/SER C00
March 25, 2024 -
(Date)
10 FPL Care To Share ProgramAgreement(rev 11-27-2023)