R23-033 1 RESOLUTION R23-033
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A
5 LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
6 (LIHWAP) VENDOR AGREEMENT WITH PALM BEACH
7 COUNTY TO ALLOW CITY OF BOYNTON BEACH WATER
8 CUSTOMERS, THAT QUALIFY UNDER THE PROGRAM, TO
9 RECEIVE FINANCIAL ASSISTANCE TOWARDS THEIR WATER
10 AND WASTE WATER PAYMENTS; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, Low-Income Household Water Assistance Program (LIHWAP) offered by
14 Palm Beach County allows qualified water and waste water customers to receive financial
15 help to pay towards their utility bills; and
16 WHEREAS, this agreement will allow the City of Boynton Beach utility customers to
17 apply for and if they meet the qualification requirements for the LIHWAP, receive financial
18 assistance to pay for the drinking or waste water payments; and
19 WHEREAS, the City Commission has determined that it is in the best interests of the
20 residents of the City to approve and authorize the Mayor to sign a Low-Income Household
21 Water Assistance Program (LIHWAP)vendor agreement with Palm Beach County to allow City
22 of Boynton Beach water customers, that qualify under the program, to receive financial
23 assistance towards their water and waste water payments.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
25 BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission hereby approves and authorizes the Mayor to
30 sign a Low-Income Household Water Assistance Program (LIHWAP) vendor agreement with
31 Palm Beach County to allow City of Boynton Beach water customers, that qualify under the
32 program, to receive financial assistance towards their water and waste water payments, a
33 copy of which is attached hereto and incorporated herein as Exhibit "A".
S:\CA\RESO\Agreements\Approve LIIIWAP Vendor Agreement With PBC-Reso.Docx
1
34 Section 3. This Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this 21st day of March, 2023.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39 v
40 Mayor–Ty Penserga
41
42 Vice Mayor–Angela Cruz
43
44 Commissioner–Woodrow L. Hay
45 k/
46 Commissioner–Thomas Turkin
47 c/
48 Commissioner–Aimee Kelley
49
50 VOTE S–r 0
51
52 ATT.
54 ' if53
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55 MayleeDe -• 's, MPA, M C Ty P- --r-1.?;
56 City Clerk Mayor
57
58 - oOYYN�TrN�111 APPROVED AS TO ORM.
59 (Corporate Seal) �\•• G qr�.: �,
60 i U •' II 9
SEAL =•
61 #0_ : INCORPORATED: 1
62 d. 1920 Michael D. Cirullo,Jr.
63 '1, City Attorney
1 ‘,CORIDN_---
•"
S:\CA\RESO\Agreements\Approve LIHWAP Vendor Agreement With PBC-Reso.Docx
Low-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, ("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.
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://www.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 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.
p. 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 PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of
Florida
BOARD OF COUNTY COMMISSIONERS
BY: BY:
Deputy Clerk Gregg Weiss, Mayor
WITNESS: AGENCY:
By: l�
Signature Agenc. 's Name Type.
kcLir u&O BY: -
Name Typed Signat1. ?ens:kilo
AGENCY's Federal ID Number AGEruCY's Signatopy Title Typed j
APPROVED AS TO FORM AND APPROVED AS TO TERMS & CONDITIONS:
LEGAL SUFFICIENCY Community Services Department
By: BY:
Assistant County Attorney Department Director