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HomeMy WebLinkAbout841105.tiff RESOLUTION RE: APPROVAL OF VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1984-1985 PROJECT YEAR WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , Title XXVI of the Low-Income Home Energy Assistance Act of 1983 , P.L. 97-35 , provides for Home Energy Assistance to eligible households , and WHEREAS, the Department of Social Services has presented to the Board of County Commissioners, for its approval, agreements concerning the Low-Income Energy Assistance Program (LEAP) , for the 1984-1985 Project Year, with the following vendors: Greeley Gas Company Home Light and Power, Greeley Vangas, Inc. , Keenesburg Keyser Coal & Trucking, Greeley Adams County Co-Op, Brighton Public Service Company, Denver Agland, Inc. , Eaton Home Light & Power, Denver WHEREAS, the Board, after study and review, deems it advisable to approve the agreements with the aforementioned vendors, and WHEREAS, the terms and conditions are as set forth in the agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the agreements between the Department of Social Services and the above listed vendors for the 1984-1985 Project Year, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. / 1 5 >O, 841105 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D. , 1984. BOARD OF COUNTY COMMISSIONERS ATTEST',�. 4awutit '��, WELD COUNTY, COLORADO Weld County Clerk and Recorder Cie and Clerk to the Board Norman Carlson, Chairman BYDe ro-21( rfc_,�a) ine J• �-on, Pro-Tem ty County Cle k APPROVED AS TO F--FO---RMM: R Brant er k/Carlson County Attorney .ii6. 7)).1.426C; hn T. Ma tin LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEN_NT • Agreement made this 13 l' day of November , 1984 by and between the Board of County. Commissioners of weld acting by and through the (County) County Department of Social Services and Greeley ape Cn 1200 11 Ave arnelny Co 2r634 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefEre it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural • gas and electricity. e. "Bulk Fuel " is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household 's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1 ) For non—bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household' s current primary residence. Vendors serving applicant households which use non—bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1965. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits 'n excess of the amount due that household based on eligibility and payment ' determination in accordance with LEAP rules. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the"Eligible Household, in the normal billing process, the di'ference between the actual cost of the Home En y end the amount of the payment made by the County Depart nt; 2. No Householc' receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are nade; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received or such Household and cred,t will be reflected in the next normal billing; .5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household ' s account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re—establish an instalment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time during the eligibility period. B. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the hou'sehold fails to rake the required payments under an installment or modified budget billing plan or any other payment plan, negot`ated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a dical certificate signed by a licensed physician or health practitioner acting under e . ;'c'an`s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 'A u4C 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by ' the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any 3asic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about. a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All ?ayments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household 's name, the amount returned on behalf of the Eligible Household and•the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department ncf later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 'nrormation on and provide assistance in establis;oing a budget billing plan. The • calculation used to establish the Household 's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the pruper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, :he dollar value of credit received in behalf of each Eligible Household, the balance of • available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the vendor with any of the above assurances of this r.greement or applicable law or "ecu'iations shall be grounds for immediate termination ct this egreem<nt. Such termination shall include ternination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promnt"y advise the Vendor in writing of the name, address, account number, if .:• y, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in the'r behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions (4") a. The term of this Agreement shall be November 13, 1984through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature Signature Burl E. Huitt Vice-President - Manager Chairman, Bd. of Commissioners Name and Title (Printed or Typed) Name and Title Greeley Gas Company P.O. Box 758 Company or Business Name Address Greeley 80632 Greeley, CO 80632 CITY zipcode CITY zipcode November 13,1984 November 13,1984 DATE DATE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of , 198 by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and Home Light and Power Company P.O. Box 8, Greeley, CO 80632 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I . The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. Page 2 h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household's current primary residence for the period of November 1 , 1984 through ( April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. I . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about. a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. Page 5 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by. the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. FUEL VE DOR CHAIRMAN, COUNTY COMMISSIONERS S gna re Signature M. J. Geile Vice President & General Manager Chairman, Bd. of Commissioners Name and Title (Printed or Typed) Name and Title Home Light and Power Company P.O. Box 758 Company or Business Name Address Greeley 80631 Greeley, CO 80632 CITY zipcode CITY zipcode 11/7/84 DATE Novo. 28 , 1984 DATE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) E^o, VENDC'? AGREEMENT Agreement made this day of 198 by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and Vangagt Tnc. P.O. Box 301 Keenesburg, CO 806L.3 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, T1tle XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for enerq/ assistance and for whom the Vendor has been .`,, notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, keros-Te, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. • d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural • gas and electricit, . . e. "Bulk Fuel " is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as nee,Cd Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . • f. "Primary Heating Source" is the main type of fuel used :o provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating sour._, .;sad in a re ;Ident' .1 dwelling. h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative yr"ges, reconnection fees, or other such charges not relate; fuel prices and consumption ` els. 1 ) For non-bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home ,.atin: costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household's current primary residence. Vendors serving applicant hoti.reholds which use non-bulk fuel as the primary heating source ...re required to supply actual home heating costs for the period of November 1 , 1983 through April 30, lc ? : . 2) For bulk fuel vendors: estimated home heating costs for an applicant househo"d shill' consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household's current ^rimary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 19S to April 30, 1985. j . "Eligibility Period" There ar: two eligibility periods during the program year. The first eligibility period is November 1 , - 04 through January 3' , 1985. The second eligibility period is February ` 95 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due thi=t ho 'seho' - . er! on eligibility and payment determination in ac.orance w rules. II. Responsibilities of the Vendor: ti a. The Vendor shall implement }he following provisions: 1 . The Vendor will charge the E :,l cible Household, in the normal billing process,‘the d` 'frence between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiver^ assistance under the program will is be treated any differently because of such assistance • under app'icabl novisio"s of State law or pub . r€gulatory recu r-ements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the y; Eligwtle w"cse tieh.7 payments am made;, �a. men s , ,we 3 . 4. The Vendor will credit an Eligible Household's account _ promptly and no l .er than ten (10) working days after a .� payment is received for c ..ch Household and credit will be re"'ected in the -xt normal billing;.41 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by y to the County Department within hCtr will reimburse amounts ten (10) working days in the case of incorrect payments h or overpayments; ` 7 . If the Vendor has been approved for the Basic Program setnty p that a Household payment. the Vendor will : ni a) continue services, deliver fuel or restore services, t. whichever is apn'iceble, to the Household. r b) not terminate utility services for at least sixty (60) days after such no fi cation; i c) shall make a good faith effort to establish or r re—establish an installment pr modified budget t billing arrangement with the Eligible Household if the household is in an actual or potential shut—off situation at any time durirr: the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the tim ' he household remains eligible unless: a) The household fails to enter into an installment or modified .'..AX-:et billing payment plan with the vendor; or b) the household fail: to make the required payments under an installment or mod'"'-ied budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time t'-- househc d remains eligible if the household presents to 'Ole vendor a medical certificate signed by a licensed physician or ` ,alth practition.'r acting under a physicia1's authority stating that termination of service would be especially yng o e erous to the health and safety of any approved household A 10. In the event services cannot be delivered by the vendor because the eligible householc `°�^.s been disconnected for - non-payment of service prior to notification of eligibility by - =,ev the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received Dy the vendor on behalf or the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has Iapplied for the Basic Program benefit, the Vendor will not D. terminate services to the Household for ten working days after !a, notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. tz12. The Vendor shall maintain confidentiality of information , provided by the County Department about. a Household's benefit in accordance with applicable Federal and State laws; - 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; ' I 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the ' Vendor shall return any credit palance, within ten (10) I working days, due to the Household ( .p to the amount paid on a behalf of an Eligible Household, excluding any deposits made 4 by the Household) to the County Department; l 15. The vendor shall refund any credit baThnces to the eligible household after May 31 , 1985 upon the ligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the House old, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household ' excluding any deposits made iy '_he Household) will be returned to the County Department with ten (10) working days; fit, 17. All payments returned to the County Department shall be , accompanied by a notification showing the Vendor name, the Household's name, the amountdate and reason ted on b for ro ehalf of th by the e v Eligible Household aqd thn Vendor; 18. All funds due to the County Department shall be returned to the County Department\no later than August 15, 1985; 19. All other requirements of Federal and State laws and 1 regulations shall be adher . to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. 1 rake 21 . (Not applicable to bulk fuel vendors) In appropriate cases 4 - the Vendor will furnis a Household with information on and ' j 0 provide assistance in establishing a budget billing plan. The 44 calculation used to establish the Household's monthly payment 0 under such budget billing p'en shall include any payments made k on behalf of the Hr_:sehold b•,:. the Row-Income Energy Assistance Programs as well as payments to be made directly by the Household. ?.'" 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. tilt `, ' All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County • Department representatives or their delegates. Such records '.' shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home • Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination or this Agreement. The State and County Department reserve • • the right to monitor the implementa'.lon of this Agreement by the Vendor. 23. The Vendor will rrovide county departments documented • estimates of home heating costs for the period of November, 1 , ` 1984 through April 30, 1985 for any Eligible Household 9 using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures. n,; 3 the procedures, to terminate vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be 'j grounds for immediate termination of this agreement. Such ,{ termination shall include termination of payments on behalf of eligible households and immediate return f credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in :J• connection with this. agreement. III. County Responsibilities • 1 a. The County Department shall promptly advise the Vendor in writing of the name, address. account n- --her, if any, amount and of payment for each • Eligible Household. <t+ b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made In their behalf to the Vendor. c. The County Department shall ma', timely payments to the Vendor for Home Energy supplied in accordance with the terms nr this Agreement. d. The County Department "a':' promptly notify the Vendor of all pertinent changes in this program caused :, changes 4n applicable law or romi1 tinne A IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined y the State or County Department , are available for this program, the State or '?" my Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidential-qty of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , requred by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS ,40(i( 40 Signature Signature 6191:2y ` , lChairman Bd. of Commissioners \A IN- ITS-A�ft��4w�a6rx Name and'litleLid (Printed or Typed) Na and Title \ OM,Y�� Rix 75R Company or Business Name Address YY 66141T C v, 17065( Grpel py, CO R0612 CITY zipcode CITY zipcode /1-,9',9j Nnv 9R 1 R R d DATE DATE E (1 aLl>' fir(' 6 LOW-INCOME ENERG" ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of , 198 by and between the Board of County Commissioners of WELD acting by and through the (County) County Department of Social Services and Keyser Coal & Trucking Inc. 601 11th Street. Greeley. CO 80631 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied cm. for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, keroser , or any other fuel used for heating a residential c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel " is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as nee d,,,1 Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. IT 1 h. "Estimated Home Heating Costs" are verifiable ver fiable projections of primary heating costs for applicant household ' s current primary residence for the period of November 1 , 1984 through April 30, 1935. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1 ) For non-bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household 's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household ' s current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. I . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that `o-.:/;eho1d based on ell ibility and payment • determination in accordance w` th LEAP rules. II . Respons`cilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of • the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; . / 4. The Vendor will credit an Eligible Household' s account promptly and no later than ten (10) working days after a • payment is received for such Household and credit will be reflected in the next normal billing; . 5. The Vendor will notify the County Department in writing • no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of )n correct payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an instalment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a mescal certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially cangerous to the health and safety of a^y approved household member. 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable ederal and State laws; 13'. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the runty Department, when a Household moves or no 'onger uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household of er May 31 , 195 upon the Eligible Household's request. 16. In the eve^`, that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, up to the :,.mounn'. paid on behalf of an Eligible Household excluding any cepos1ts made by the Household) will be returned to the Cou '`y ' ep,trtnent within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing t^e Vendor name, the Household' s rime, the amour returned on behalf of the Eligible, Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Departmert no later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shal be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase : gel shall be provided with address and telephee number information about the Low-Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the 11c or will furnish a Household with information on and 1 provide assistance in establishing a budget billing plan. The calculation used to establish the Household 's monthly payment under such budget billing pia' s",:1ll include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as wel' as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County • Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount payments made fo- Home Energy by such Eligible Households, the dollar value of credit received in behalf of ach Eligible Household, the balance of • available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination • of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, l9P for any Eligible Household using their service. Such esti"^6tes, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days r , request. The Sate and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inacrate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations s'iall be grounds for immediate ';''iination of thi': agreement. Such termination shall inclute termint'on of payments on behalf of eligible households anc immediate return of crec;it balances or refunds owed to the county department. Such termination is in addition to all other legal reme' es available to the county department, including investgation or prosecution of fraud in connection with this agreement. s ' III . County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address , account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify ?1 Eligible Households of the amount of Home Energy payments be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by chanv,?s in applicable law or �__—_-- regulations. IV. General Provisions a. The term of this Agreement shall be through ° September 30, 1985. ti b. This Agreement is subject to and contingent upon the continu ng availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or .,aunty Department may immediately terminate ths Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement withou':. `.'^e prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, inclu ing confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. T' Vendor cert':`ies that it has all licenses, insurance, etc . , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERSJVi A1 u / 710 sff41 — ‘`,. .z-' Signature Signature Sb4 4., S. )(se Li se Y-pr.e_ Sec,, Name and Title (Printed or Ty ed) Name and Title '° Com6any or Business Name ` Address Gr��/� eon / CITY zipcode CITY zipcode a; //- DATE DATE 11 • pA'' �3 t, L. G,. r\. f j:J �4i / LOW-INCOME ENERGY ASSISTAN'Cr 3-AM (LEAP) Vc_NDOR ,T Agreement made this day of /lOvdg rbirr , 199 by and between the Board of County Commissioners of acting :)y ,d through the (County) County Departmerit of Social Services and Adfkt s Cocc•k Ty r 4"W 01-0/4 leer picAt e l3e-/-47A Lai./ l Gv/orlfr/a (Vendor name and address,_. (hereinaf+er referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is, one that has applied for energy assistance and for whom the Vendor has been notified by the County ' oartment that payment will be made to the Vendor on behalf of .„le Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department ^.f Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, nor-bulk fuel includes natural gas and electr cit.. e. "Bulk Fuel " is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as ne0c`4 Normally, bulk fuel includes wood, propane, kerosene, coal anc fuel oil . f. "Primary Heating Source" is.the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the • primary heating sourf.e used in a re 'dent'al dwelling. h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant house .^'d's current primary residence for the period of November 1 , 1984 through April 30. 19(35. Such costs shall not include payment ` 4 arrearaes, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors: estimated home heating costs for an applicant hoes :hold shall consist of the total actual home heating costs for the primary heating source for the period of November 1 . 1913 through April 30, 1984 for the household's current prin:.:ry residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source ,:re required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30. 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through Aprl 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility erds + during the program year. The first 'gibility period is November 1 , 1 Y4 through January 37 , 1985. The second eligibility period is F=ebruary 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibel':y and payment ' determination in accouace we ,, LEA' rules. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the E1ig-:ble Household, in the normal billing process,‘the difference between the actual cost of the Nome Energy and the amount of the payment made by the _,=inty Department; 2. No Household receiver^ assistance under the program will • be treated any differenty because of such assisance .2 under app"cable provisions of State law or public regulatory requ'remer -s; 3. The Vendor will not discriminate, either in the cost of the goods supplied or 'he services provided, against the Eligible Household on wr.ose beha'r payments are made; Page 's 4. The Vendor will credit an Eligible Household's account promptly and ,;o later than ter 10) working days after a payment is received for such Household and credit will be f reelected in the next normal billing; 5. The Vendor will notify the County Department in writing no is often than M_ y, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has ' 'en notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re—establish an installment pr modified budget billing arras, ement with the Eligible Household if the household is in an actual or potential shut—off situation at anv t'me durin the eligibility period. 8. The vendor will not terminate utility services of a household approved for t•,,? Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing ^ayment plan with the vendor; or b) the hou'seho'd fails to make tie required payments under an installment or recd' led budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for' the Basic Program payment throughout ::)e t,me tk household remains eligible if the household presents o the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physicia,'s authority stating that termination of service would be esno,cially dangerous to the health and safety of any ~p.'oved household mem' r. APage 4 d 10. In the event services cannot be delivered by the vendor because tie eligible household has been disconnected for non-payment of service prior to notification of eligibility by ov the county and cannot be reconnected because the eligible household will not enter ~'.o a payment agreement under terms P acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. bn o 11 . (Not applicable to bulk fuel su pp"ens) If the Vendor has been notified by the County Department that a Household has 1 applied for the Basic Program benefit, the Vcidor will not '' terminate services to the Household for ten working days after tJ notice that application has been made or until the Vendor is notified oc the eligibility determination of the Household, whichever occurs first. t 12. The Vendor shall maintain confidentiality of information provided by the County Department about. a Household's benefit in accordance with ap;.'icable Federal and State laws; '13. Any payments which cannot be credited to an account shall be i returned within ten (10) working days to the County Department; J 14. Upon notification by the County Department, when a Household .4 moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to ',he Household (up to the amount paid on ! `' ,'^' behalf of an Eligible Household, excluding any deposits made `'„• by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's 1 request. g R16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the t credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of n Eligible Household excluding any deposits made by the Household) will be returned to the County Department with`- ten 10( ) working days; j 1 17. All payments returnee; to the County Department shall be accompanied by a notification showing the Vendor name, the Household 's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; • 18. All funds due to the County Department shall be returned to the County Department`^o later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations s'-'111 be adhered to; ;c> 20. All customer households subject to utility shut—off or who are f'nancially unab'e to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Ass;stand Program. rage ...) i 21 . (Not applicable to bulk fuel vendors) In appropriate cases 1 the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The 1 _`• calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. .9 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necesst•'s to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records .F! shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit A. - received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a per :' d of 3 years following the termination 1 of this Agreement. The State and County Department reserve 1 the right to monitor the implementation of this Agreement by the Vendor. ' 23. The Vendor will provide county departments documented estimates of home hea .ing costs for the period of November, 1 , .g 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor '., estimating procedures, and to terminate the vendor agreement :.i if estimates are found to be inaccurate or inappropriate. ,..1 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law r regulations shall be grounds for immedite termination this agreement. Such termination shall incl+.!de term ration of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county departmnt, including investigation or prosecution of fraud in i connection with t 's• agreement. 1 III. County Responsibilities • I a. The County Department shall promptly advise the Vendor in writing of the i nar,A, address, account n'.:;ber, if any, and amount of payment for each i Eligible Household. b. The County Department shall notify all Eligible Hcvseholds of the amount_j of Home Energy paymen�s t to be made in their behalf to the Vendor. 1 c. The County Department shall make t ,rely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or IV. General Provisions a. The term of this Agreement shall be /Dl/. 1, / ei.through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by State County aare available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . i. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law E and regu1 *;ons, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. i FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS t r i/cCo-- p. >iiii*--vv..e,..- (9444....__ � GMs e� Signature t. , : Sig ur �� ..� r Chairman, Board of Commissioners Name and Title Printed or Typed) Name and Title /14H' GouN ,- _Ca-or. P.O. Box 758 Company or Busin ss Name Address 8tc i�iV g):'‘d / Greeley, CO 80632 CITYh zipcode CITY zipcode Ale� ' /9�y November 28 , 1984 DATE DATE A • Pt w � .Ir LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 28th day of November 1984 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Sery k.,.:s and Public Servire_CDmpany__ 550-15th Street, fenver, rn 80201 ---- --- (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. • b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. Page 2 h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household 's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30. 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1, 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1965. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: I . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public 1 regulatory requirements ; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Fliaih7e Hotic hn1d (fir Whncc hiha1F navmantc ara maAn- • Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after• a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often th;tn monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. , If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or - re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is_ in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. • Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified. by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible .Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit. balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. Page 5 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household 's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c . The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d . The County Department shall promptly notify the Vendor of all pertinent changes in this oroaram sauced hi rhannoc in anni4r,tii_ 1,. . __ Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. F 1 VV DOR CHAIRMAN, COUNTY COMMISSIONERS Si aturL Signature R.E. Donovan, VP Div. Support Svcs. Chairman, Board of Commissioners Name and Title (Printed or Typed) Name and Title Public Service Co. of Colorado P.O. Box 758 Company or Business Name Address 550-15th St. , Denver, CO 80201 Greeley, CO 80632 §a3Xmber 5, 1984 zipcode CITY zipcode November 28 . 1984 DATE DATE 010 tat tit 0 8'i.1" LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this / day of ° ✓ , 198 by and between the Board of County Commissioners of l„va,..a acting by and through the (County) County Department of Social Services and /10-c..0,-,4 /Arc. PoQ4& 338 Az-AZor ,. Cc tO€iic (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied at for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel " is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. F� 7 • h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household 's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1 ) For non—bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household ' s current primary residence. Vendors serving applicant households which use non—bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the , household 's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for F , November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. J • "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. II . Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor wi'l charge the•Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; A 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty 4 (60) days after such notification; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for-the Basic Prog-am payment throughout the time the household remains eligible if the household presents to the •vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. A y 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household 's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 4 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household 's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household 's name, the amount returned on behalf of the Eligible Household and 'the date and reason for return by the Vendor; • 18. All funds due to the County Department shall be returned to the County Department no` later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; • 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. /4 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household ' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each y Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of • available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination ge of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23r The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on • historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found t be inaccurate or inappropriate. 24. Non—compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III . County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c . The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. A IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c . This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, , insurance, etc . , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS rn Signature Signature tquF491-7 - CeZinoi7inhill ail Chairman, Board of Commissioners Name and Title (Printed or Typed) Name and Title P9GCANa /!rte P,O. Box 758 Company/ or Business Name Address l_/1-73d Fr0K/S rrionloy, CO 80632 CITY/ zipcode CITY zipcode November 28 , 1984 DATE DATE 1985 APPROVED VENDOR DATA INFORMATION I FOR COUNTY USE I I COUNTY VENDOR I . n Enter your vendor/business name: �,1 fg6,4Ae�✓o /vc. I I I I I I I ( 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: Pc e cx 33K Ln. ZA� (,:_ in“/6" 3. Enter the name of the LEAP contact person for your business:Mani, ER7•Y1 LrYL 4. Enter the business telephone number for your contact person: 3, Area Code:33 1-/S1J-339/ tir 2_02 5. Place a check ( ) in front of the Colorado County(ies) which your €s business serves either fully or partially: _ Adams (01 ) ____ Fremont (22) Montrose (43) __ Alamosa (02) Garfield (23) Morgan (44) R' Arapahoe (03) Gilpin (24) ____ Otero (45) Archuleta (04) __ Grand (25) Ouray (46) ____ Baca (05) ____ Gunnison (26) ____ Park (47) _ Bent (06) Hinsdale (27) __ Phillips (48) __Y_ Boulder (07) Huerfano (28) ____ Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) _ Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek(10) __ Kiowa (31 ) __ Rio Blanco (52) _ Conejos (11 ) Kit Carson (32) Rio Grande (53) !" Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) __ Custer (14) )? Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) __ Dolores (17) __ Logan (38) _ Summit (59) Douglas (18) Mesa (39) ____ Teller (60) Eagle (19) Mineral (40) Washington (61) Elbert (20) Moffat (41 ) X Weld (62) El Paso (21 ) Montezuma (42) ____ Yuma (63) 6. Place a .check ( ) in front of the typ (s) of fuel provided by your business: Electricity (1 ) x Fuel Oil (4) X Wood (7) (5) _ Natural Gas (2) Kerosene _ye Propane Gas (3) __ Coal (6) ____ Other 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". 8. /Please indicate if you ale regulated by the Public Utilit ,. s Commission? YES NO n9. Describe your procedures for resolving billing disputes with your customers. i•, , If this does not apply to you, write "N/A" . / enflodJ L co„i7gc7 , 10. Describe your procedures for handling termination of services to your regular customers. If this does not apply to _ write "N/A" . WL /yJn/7 ?irir.y,,n.,rv 'rcr ,7'[-revr co-r /3v7 wise /Jo PvT on/ Cgsi4 o.vc}/. • 11 . Would your company collect data on the number and types of budget billing plans offered to LEAP recipients in accordance with the Vendor Agreement? Yes II No' II N/A 12. The LEAP Program staff will be conducting a study of the effectiveness of the payment formula used to determine the LEAP benefit amount of each household. The study will particularly focus on the accuracy of estimated home heating costs provided by the vendor by comparing the estimates with actual heating costs at the end of the winter home heating season. The LEAP program staff will also continue its ongoing evaluation of the vendor payment system to determine the impact on tha administrative costs of the program and other effects relating to heating emergencies and client satisfaction. Would your company be willing to assist the State LEAP Office with these studies by providing data (if data is needed) on actual heating costs for LEAP hosueholds for the payment formula study and the number of shut—offs issued by your company or the number of customers who needed credit arrangements in order to purchase fuel during the LEAP Program application period or other such data needed to identify the extent to which emergencies exist in Colorado for the vendor payment system evaluation? Yes I7J No I I If yes, what kind of data could your company provide? VI) of/[-012 itrelouwzS LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 28th day of November , 1984 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and Home Light_ansl Power 550-15th Street, Denver, CO 80201 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel " is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. Page 2 h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors : estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household 's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consis.t of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30. 1984 far the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30. 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 . 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements ; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eliaihle Hn is hnlri nn i.1hn p hOh. 1c n>>imnnFe .,� l Page 3 4. The Vendor will credit an Eligible Household's account promptly and no iter than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household ' s account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. , If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is- in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has beer disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an Eligible •Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1985; • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the low-Income Energy Assistance Program. Page 5 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the .balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c . The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent chances in this nrnnram rancari hu rhannoc in nnn!;rahin 1 , , Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. EL VENDOR CHAIRMAN, COUNTY COMMISSIONERS S gnature Signature R.E. Donovan, VP Div. Support Svcs. Chairman, Board of Commissioners Name and Title (Printed or Typed) Name and Title Public Service Co. of Colorado P.O. Box 758 Company or Business Name Address 550-15th St. , Denver, CO 80201 Greeley, CO 80632 RQavXmber 5, 1984 zipcode CITY zipcode November 2R 1924 DATE DATE APPROVED FOR EXECUTION S & BY k Hello