Supplemental Agenda Items - FGUA

Florida Governmental Utility Authority
Board of Directors Meeting Agenda
I - Call to Order
II - Invocation
III - Pledge of Allegiance
IV - Public Comment
Thursday
day, April 21, , 2011 at 10:00 AM
West Pasco Government Center
Commission Chambers
7530 Little Road
New Port Richey, FL 34654
V - Minutes
M 1
Approval of the March 17, 2011 Regular Meeting Minutes and FGUA Strategic Planning
Results
VI - Consent Agenda
CA 1 Approval To Purchase 4” Trailer Mounted Solids Handling, Dry Prime Compressor
Assisted Pump for the Florida Governmental Utility Authority Lehigh Acres Utility
Systems Utilizing Thompson Pump GSA Contract No. GS-07F-0140V
CA 2 Approval of the FGUA Standard Utility Infrastructure Conveyance and Service
Agreement with Naples Bridge Center, Inc. for FGUA Developer Project 11-001 GGD,
Naples Bridge Center Sewer Conversion Located in the Golden Gate Utility System
CA 3 Approval of the FGUA Standard Utility Infrastructure Conveyance and Service
Agreement with Anna Roque for FGUA Developer Project 06-046 LED, La Mexicana de
Lehigh Located in the Lehigh Acres Utility System
CA 4 Approval of Work Authorization MP 11-02, with Malcolm Pirnie, Inc. for Consulting
Engineering Services, Lehigh Acres GIS Map Update, FGUA Project No. LE 106 in the
Lehigh Acres Utility System
CA 4a Approval of Budget Amendment Transfer 2011-18 for FGUA Project No. LE106 in
Lehigh Acres Systems
CA 5 Acceptance of the Conveyance Close-out Package for FGUA Developer Project 10-002
LED for Dollar General Located in the FGUA Lehigh Acres Utility System in Lee County,
Florida
CA 6 Approval of Deductive Change Order No. 5 (final) for FGUA project LE 031 Lehigh Acres
Annual Well Rehabilitation Program with Layne Christensen Company
CA 7 Assignment of Professional Engineering contract from AECOM USA, Inc. to AECOM
Technical Services, Inc.
CA 8 Approval of the FGUA Standard Utility Infrastructure Conveyance and Service
Agreement with Facts Engineering, Inc. for FGUA Developer Project 11-003 SSD, Facts
Engineering Expansion Located in the Pasco (Seven Springs) Utility System
CA 9 Approval of Change Order No. 2 to Brandes Design-Build, Inc. for FGUA Project PS 049
Pasco Systems - Mitchell Water Treatment Plant Improvements
CA 10 Approval of Change Order No. 1 to Gigliotti Contracting North, LLC. For FGUA Project PS
050 - Phase 1 Pasco Systems - Raw Water Transmission Mains
VII - Finance and Administration
FA 1 Audit Presentation by James Moore & Co.
FA 2
Systems Financial Update
FA 3 Other Items

VIII - Operations
OP 1 Approval of Work Authorization CDM 11-02 with CDM, Inc. (CDM) for Construction Bid
Services for the Waterway Estates Interconnect project, FGUA Project No. NFM 002
OP 2 Other Items
IX - Informational Items
IN 1 Status Update on the Florida Governmental Utility Authority (FGUA) Capital
Improvement Project (CIP) Program
IN 2 Status Update on the Florida Governmental Utility Authority (FGUA) Community
Outreach Program
IN 3 Florida Governmental Utility Authority (FGUA) Monthly Inactive Account Collection
Summary
IN 4 FGUA Annual Report for 2010
X - System Manager
SM 1
Report on Comparison of Customer Billing Practices relative to Host Governments
SM 2 Other Items
XI - Utility Counsel
UC 1 Approval of Settlement Agreement in Biggs v. FGUA, Case No. 11-SC-000161
UC 2 Other Items
XII - General Counsel
GC 1
GC 2
XIII - Board Items
BD 1 Other Items
Authorization for the System Manager to Negotiate Certain Litigation Settlements
Other Items

Florida Governmental Ut¡lity Authotity
Board Agenda ltem
Thursday, April 2l-, zOaL
SM 1
Report on Comparison of Gustomer Billing Practices relative to Host
Governments

FGUA Policy GomParison
Golden Gate
The chart below consists of common customer situations and the FGUA policy
as well as the host government policy'
SITUATION FGUA POLICY COLLIER COUNTY POLICY
Payments Payments can be accepted by mail, in Payments accePted -
person (at window or office drop box)
through EZPay (ACH debit) service or
online. Cash, checks, certified checks,
Visa, MasterCard and Discover are
acceptable forms of PaYment.
Auto Withdrawal (checkinS or savinfls)
Online (debit, credit,)
By phone (debit, credit or, checking acct)
By Mail (debit, credit, check)
ln Person (debit, credit, chec4)
Payment DroP Box (check)
Deposits
lnactive
Account Fees
Payment Plans
Late Fees
Deposits are collected when an account is
opened by a customer. Deposits do not
accrue interest and are returned as a
credit on the account after 24 months if
account has maintained and is in good
standing (no more than three late
payments in the 24 month period and no
final notices that resulted in disconnection
of service).
(Commercial accts do not $et refund of
deposit untilitthe acct rs c/osed)
ln Golden Gate, property owners are billed
an inactive account fee every month that is
equal to the base fee. This fee is charged
regardless of whether or not there is an
open account with usage occurring'
Þayment plans are considered for
customers who have an unusually high bill
and cannot pay their bill in full before
service disconnection. The customer's
account must be in good standing, the
payment plan shall not exceed three (3)
months (unless otherwise determined by
FGUA/GSG management) and failure to
pay in accordance with the plan results in
balance due in full andlor immediate
discontinuation of service. No more than
one payment plan is allowed in any twelve
(12) month period. Late fees continue to
accrue.
A late fee is assessed on a Past due
account in the amount of $5.00 or 5o/o
whichever is greater.
Ño refundable deposits are charged or
collected.
There is a one time, nonrefundable set up
fee of $28 for all new accounts.
All accounts are opened in the property
owner's name, and every account is
charged base charges each month whether
or not it is an open account with usage
occurring.
Payment plans are used and the length of
the plan depends on how high the bill is' No
late fees accrue on the payment plan
amount. The plan amount is removed from
the balance due and added back as a
payment plan amount each month.
lf one payment is missed, the water is
turned off and the balance must be paid in
full.
Tenants need permission from the property
owner before they can have a payment
plan.
A late fee of 5% is assessed for past due
amounts.
FGUA Policy Comparison Page 1 March 30, 2011

FGUA Policy Comparison
Lehigh Acres
The chart below consists of common customer situations and the FGUA policy
as well as the host Éovernment policy.
SITUATION FGUA POLICY LEE COUNTY POLICY
Payments Payments can be accePted bY mail, in Payments accepted -
person (at window or office drop box)
through EZPay (ACH debit)service or
online. Cash, checks, certified checks,
Visa, MasterCard and Discover are
acceptable forms of PaYment.
Deposits
lnactive
Account Fees
Deposits are collected when an account is
opened by a customer. Deposits do not
accrue interest and are returned as a
credit on the account after 24 months if
account has maintained and is in good
standing (no more than three late
payments in the 24 month period and no
final notices that resulted in disconnection
of service).
(Commercial accts do not Set refund of
deposit untilitthe acct is clo¡gd)_
ln Lehigh Acres, property owners with
closed accounts are billed an inactive
account fee every month that is equal to
the base fee. This fee is charged
regardless of whether or not there is an
open account with usage occurring.
Auto Withdrawal (check¡ng or sav¡ngs)
Online (debit, credít, checking)
By phone (debit, credit or, checking acct)
By Mail (debit, credit, chec4 or money order)
ln Person (debit, cred¡t, check or money
order)
Payment Drop Box (debit, credit, check or
money order)
lnterest is paid on the acct. deposit at a rate
of .22534% and credited to the customer
once per year. After consistent payment
over 23 months the deposit is refunded to
customer.
(Commercial accts do nott get refund of
deposit until it the acct is c/osed but
interest is paid on commercral accts the
same as residential)
Owners with tenants at a property can
request the account automatically transfer
service to the owner when the tenant closes
the account - this is called a landlord
account.
Owners only pay base fees each month if
they have a landlord account, otherwise the
account sits dormant until a new account is
opened.
Payment Plans
Payment plans are considered for
customers who have an unusually high bill
and cannot pay their bill in full before
service disconnection. The customer's
account must be in good standing, the
payment plan shall not exceed three (3)
months (unless otherwise determined by
FGUA/GSG management) and failure to
pay in accordance with the plan results in
balance due in full andlor immediate
discontinuation of service. No more than
one payment plan is allowed in any twelve
(12) month period. Late fees continue to
accrue.
Sewer only accounts receive a flat rate each
month.
ttlo tormãl written guidelines, however if for
any reason customer cannot make
payments, they can request an extension or
payment plan as necessary throughout the
year as needed.
As long as the customer adheres to
arrangements made and shows effort the
option is extended. CSR makes reasonable
jud$ment based on customer history. All
late fees and notices are waived for
duration.
FGUA Policy Comparison Page I March 30,2011

A late fee is assessed on a Past due
account in the amount of $5.00 or 5o/o
whichever is greater.
A late fee is assessed on a Past due
account in the amount of $5.00
FGUA Policy ComParison Page2 March 30, 2011

FGUA Policy Compar¡son
North Fort Myers (NFM)
The chart below consists of common customer situations and the FGUA policy
as well as the host government policy'
Payments
lnactive
Account Fees
Palr,ments can be accepted bY mail, in
person (at window or office drop box)
through EZPay (ACH debit) service or
online. Cash, checks, certified checks,
Visa, MasterCard and Discover are
acceptable forms of payment.
Depos¡C are collected when an account is
opened by a customer. Deposits do not
accrue interest and are returned as a
credit on the account after 24 months if
account has maintained and is in good
standing (no more than three late
payments in the 24 month period and no
final notices that resulted in disconnection
of service).
(Commercial accts do not get refund of
until itthe acct is closed)
tn NfM, property owners are billed an
inactive account fee every month that is
equal to the base fee. This fee is charged
regardless of whether or not there is an
open account with usage occurring'
Payments accePted -
Auto Withdrawal (chec king or savings)
Online (debit, credít, checkÎng)
By phone (debit, credit or, checking acct)
By Mail (debit, credit, check or money order)
ln Person (debit, credit, check or money
order)
Payment Drop Box (debit, credit, check or
lnterest is paid on the acct. deposit at a rate
of .22534o/o and credited to the customer
once per year. After consistent payment
over 23 months the deposit is refunded to
customer.
(Commercial accts do not get refund of
deposft untilitthe acct rs c/osed but
interest is paid on commercial accts the
same as residential)
Owners with tenants at a property can
request the account automatically transfer
service to the owner when the tenant closes
the account - this is called a landlord
account.
Owners only pay base fees each month if
they have a landlord account, otherwise the
account sits dormant until a new account is
opened.
Payment Plans
paynrent plans are considered for
customers who have an unusually hi$h bill
and cannot pay their bill in full before
service disconnection. The customer's
account must be in good standing, the
payment plan shall not exceed three (3)
months (unless otherwise determined by
FGUA/GSG management) and failure to
pay in accordance with the plan results in
balance due in full andlor immediate
discontinuation of service. No more than
one payment plan is allowed in any twelve
(12) month period. Late fees continue to
accrue.
Sewer only accounts receive a flat rate each
month.
ÑõTormal ¡ìv tvlll¡qt wntten YrllLLvrl guidelines, however if for
Þsrvvr¡r¡vvt
rrY'tv
any reason customer cannot make
payments, they can request an extension or
payment plan as necessary throughout the
year as needed.
As long as the customer adheres to
arrangements made and shows effort the
option is extended. CSR makes reasonable
judgment based on customer history' All
late fees and notices are waived for
duration.
FGUA Policy Comparison Page I March 30,2011

Á late fee is assessed on a Past due
account in the amount of $5.00 or 5o/o
Ãlate-Tee-l-assessed on a past due
account in the amount of $5.00
FGUA Policy ComParison Page2 March 30,2011

FGUA Policy Gomparison
Pasco Systems* Policies
The chart below consists of common customer situations and the FGUA policy
as well as the host government policy.
xlncludes Seven Springs, Aloha Gardens, Conso/idated and Lindr¡ck
SITUATION FGUA POLICY PASCO COUNTY POLICY
Payments Payments can be accepted by mail, in
person (at window or office drop box)
through EZPay (ACH debit) service or
online. Cash, checks, certified checks,
Visa, Mastercard and Discover are
acceptable forms of payment. (Payments
in cash are accepted at any Amscot
location for Pasco area customers.)
Payment can be accePted by mail, in
person using cash, check, and certified
checks. Credit cards are only accepted as
online payments. Visa and Mastercard
are acceptable forms of online payment.
Pasco County Utilities does accept
payments at limited Amscot and gas
station locations. Customers should
contact the County for a list of locations
accepting utility payments.
Deposits
Deposits are collected when an account
is opened by a customer. Deposits do
not accrue interest and are returned as a
credit on the account after 24 months if
account has maintained and is in good
standing (no more than three late
payments in the 24 month period and no
final notices that resulted in
disconnection of service).
Deposits are collected when an account ¡s
opened by a customer. Deposits do not
accrue interest and are returned as a
credit on the account after 24 months of
consecutive on-time, paid in full payments.
(Commercial accounts do receive refund
of deposit after 24 month period.)
lnactive
Account Fees
Payment
Plans
(Commercial accts do not {et refund of
deposrT until itthe acct is c/osed)
ln the FGUA Consolidated and Lindrick
Utility Systems, property owners are billed
an inactive account fee every month that
is equal to the base fee. This fee is
charged regardless of whether or not
there is an open account with usa$e
occurring.
Customers in the FGUA Seven Springs
and Aloha Gardens areas are not charged
inactive account fees.
Payment plans are considered for
customers who have an unusually high
bill and cannot pay their bill in full before
service disconnection. The customer's
account must be in good standing, the
payment plan shall not exceed three (3)
months (unless otherwise determined by
FGUA/GSG management) and failure to
pay in accordance with the plan results in
balance due in full andlor immediate
discontinuation of service. No more than
one payment plan is allowed in anY
twelve (12) month period. Late fees
continue to accrue.
Pasco County Utilities does not bill an
inactive account fee.
Payment plans are considered for
customers who have an unusually hi$h bill
and cannot pay their bill in full before
service disconnection. The customer's
account must be in good standing, but
there is no set policy on the amount of
months authorized to pay amount due,
and that is typ¡cally determined by Pasco
County Utilities' Management. Failure to
pay in accordance with a plân may result
in a discontinuance of service. Although
not official policy, no more than one
payment plan is typically allowed in any
twelve month period.
tficyCõrnpañon Pase I MATCN JU,

The Aloha Gardens and Seven Springs
Systems charge $5.00 or 5o/o, whichever
is greater. The Consolidated (Colonial
Manor, Dixie Groves, Holiday, Pasco
Utilities and Virginia City) as well as the
Lindrick Systems do not charge late fees.
Pasco County Utilities does not assess late
fees on customer accounts.
FGUA Policy Comparison Page2 March 30,2011

Florida Governmental Utility Authority
Board Agenda Item
Thursday, April 21, 2011
Item
GC 1 Authorization for the System Manager to Negotiate Certain Litigation
Settlements
_____________________________________________________________________________
Summary
A recent suit filed against the FGUA in Small Claims Court brought to staff’s attention the need to have some
ability to settle claims on an expedited basis between Board meetings subject to certain limitations. It is not
uncommon for the System Manager to administratively resolve disputes with customers which arise from
service billing errors or other extenuating circumstances through billing adjustments. However, it has been
the expectation that any settlement which arises from litigation, no matter how small, is brought back to the
FGUA Board for approval. In the case of Ernest Daniel Biggs v. Florida Governmental Utility Authority, two
hearings were scheduled in Small Claims Court, one involving mediation, for a claim in the amount of
$2,500. During the second hearing, a settlement was reached that provided a credit to the customer in the
amount of $154.61. In this case, staff and Utility Counsel had to condition each offer on Board approval
when the Court was trying to expeditiously dispose of the case.
Therefore, in order to allow for the expeditious resolution of relatively small dollar value court claims where
possible, we are recommending that the System Manager be authorized to approve negotiated settlements
of these claims. The authorization would cover only settlements that are recommended by the General
Counsel and Utility Counsel and System Manager and not-to-exceed $25,000.
Recommendation
It is recommended that the FGUA Board authorize the System Manager to negotiate court settlements up to
$25,000, with the concurrence of the FGUA General Counsel and Utility Counsel.
Budget Impact
N/A
Board Action
Moved by: Seconded by: Action Taken: