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HomeMy WebLinkAboutAgreement_General_12/8/2022_PBC LIHWAPLow -Income Household Water Assistance Program Vendor Agreement Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners ("Recipient"), and the undersigned water utilities vendor, Village of Tequesta ("Vendor"), hereby agree to the following conditions. Vendor customers who receive Low Income Household Water Assistance Program ("LIHWAP") 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 two years after the Effective 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. Village of Tequesta and Recipient may terminate the Agreement for convenience or cause, with thirty (30) day written notice to the other. b. Recipient shall make drinking or waste water payments directly to Vendor on behalf of LIHWAP Clients through Recipient checks. c. Vendor assures that no household receiving LIHWAP 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. d. 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. e. Recipient and Vendor agree that Vendor will endeavor to cause only water and waste -water related charges to be considered for payment with LIHWAP funds. f. 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. g. Vendor is aware that when the LIHWAP benefit amount does not pay for the complete charges owed by a Client, the Client is responsible for paying the remaining amount owed. h. 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 LIHWAP 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 monthly and quarterly LIHWAP reporting performance measures. 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. i. Recipient commits to endeavor to make payments to Vendor no more than forty-five (45) calendar days from the commitment date. j. Vendor is aware that if LIHWAP payments made to the Vendor cannot be applied to client's account, the funds will be returned to Recipient or, with Recipient's approval, applied to another eligible client's account. k. Vendor must be in "active" status with the state of Florida at http://sunbiz.org and vendor's name must be checked on SAM at https://wwvv.sam.gov. The name on this Vendor agreement must match the legal business name on the State of Florida website. Low -Income Household Water Assistance Program Vendor Agreement I. This Agreement must be signed by upper level management of both Recipient and Vendor authorized to enter into such commitments. m. This Agreement is governed by the laws of the State of Florida. Venue for litigation arising out of this Agreement shall be the courts of the state of Florida located in Palm Beach County. Florida. n. Neither the vendor nor its parent, subsidiaries and any affiliated company of Village of Teguesta, 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 shall in no event exceed with respect to each Client the applicable LIHEAP funds provided by the Recipient to Vendor under this Agreement on behalf of each client giving rise to the claim, demand, action, or losses based on personal injury, death, or property damages. This paragraph will survive the termination or expiration of the Agreement. o. 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. 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 the original. q. Signature Authority The officials executing this agreement warrant and represent that they are authorized by their respective entity to enter into a binding agreement. Low -Income Household Water Assistance Program Vendor Agreement IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and AGENCY has hereunto set his/her hand the day and year above written. ATTEST: Joseph Abruzzo, Clerk & Comptroller BY Deputy Clerk WITNESS: Signature L Name Typed 5q-<ooy�lo81 AGENCY's Federal ID Number APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Assistant County Attorney PALM BEACH COUNTY, FLORIDA. a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS BY Robert S. Weinroth, Mayor AGENCY: Village of Teguesta Agency's Name Typed BY Jeremy Allen pu—I'71;.;r-0sar Signature AGENCY' ignatory Title(T_yped APPROVED AS TO TERMS & CONDITIONS Community Services Department BY: Department Director PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, 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 Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."