HomeMy WebLinkAbout840274.tiff RESOLUTION
RE: APPROVAL OF VENDOR AGREEMENT BETWEEN WELD COUNTY, COLORADO,
DEPARTMENT OF SOCIAL SERVICES, AND EMPIRE GAS OF BRIGHTON,
COLORADO, CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM
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 1981 , 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 an agreement concerning
the Low-Income Energy Assistance Program (LEAP) with Empire Gas
of Brighton, Colorado, for its approval, and
WHEREAS, the Board, after study and review, deems it advis-
able to approve the agreement with Empire Gas of Brighton, and
WHEREAS, the terms and conditions are as set forth in the
agreement, a copy of which is attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
the Department of Social Services and Empire Gas of Brighton,
Colorado, concerning LEAP, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
January, A.D. , 1984 .
\-41 , / a., BOARD OF COUNTY COMMISSIONERS
ATTEST: 41-
LD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson, Chairman
By: r,,, , �'�' _Z "
' ��
Deputy County Clerk J j/,.ue ' ne Jol '- on, P o-Tem
APPROVE AS TO FORM: UL/il LCJ ,tfi_J
< ene R. Brantner
EXCUSED DATE OF SIGNING
County Attorney Chuck Carlson
1
J n T. Martin
3 5 000 g' 840274
DAY FILE: January 16 , 1984
IML-V
10/83
LOW-INCOME ENERGY ASSISTANCE PROGRAM X94
VENDOR AGREEMENT ✓Qy
Agreement made this Nn day of J A,voh-A' , 1984 by and between
the Board of County Commissioners of V U„ ry acting by 2
(County)
a through the County Department of Social Services and Erri`JiRF_ GAS
nSox gel/ /3/'/91-47-0/1/ Gd/o . S o !
(Vendor name and address)
(hereinafter referred to as Vendor) .
WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act 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, oil , gas, coal , wood,
kerosene, or any other fuel used for heating a residential
dwelling.
c. "County Department" means the County Department of Social
Services.
d. "Bulk Fuel" shall mean fuel oil , propane, kerosene, coal or
wood.
II. Responsibilities of the Vendor:
a. The Vendor shall implement the following provisions:
a. 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;
b. 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;
c. 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 1 of 4 Pages
d. 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;
e. 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;
f. 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;
g. (Not applicable to Bulk Fuel Suppliers) If the Vendor
has been notified by the County Department that a
Household has applied for an advance of the Basic Program
benefit or for Emergency Assistance Program benefits, 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.
h. If the Vendor has been notified by the County Department
that a Household has been approved for an advance of the
Basic Program payment or for Emergency Assistance Program
benefits, the Vendor will continue services, deliver fuel
or restore services, whichever is applicable, to the
Household based on a payment arrangement with the Vendor
and within timeframes determined by the County Department.
i . 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;
j . Any payments which cannot be credited to an account shall
be returned within ten (10) working days to the County
Department;
k. 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;
1 . 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;
Page 2 of 4 Pages
m. 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;
n. All funds due to the County Department shall be returned
to the County Department no later than August 15, 1984;
o. All other requirements of Federal and State laws and
regulations shall be adhered to;
p. 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.
q. (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.
r. 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.
s . 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.
t. The Vendor shall issue a statement or credit memo for
each Eligible Household which reflects the payment made
by the County Department on behalf of the Eligible
Household.
Page 3 of 4 Pages
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.
IV. General Provisions
a. The term of this Agreement shall be ,,, A, through
September 30, 1984.
b. Non compliance by the Vendor with any of the terms 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.
c. This Agreement is subject to and contingent upon the continuing
availability of federal funds. In the event that insufficient
funds , as determined by the County Department or the State
Department of Social Services, are available for the Low—Income
Energy Assistance Program, the County Department or the State
Department of Social Services may immediately terminate this
Agreement.
d. This Agreement may be terminated by either party upon 30 days prior
written notice to the other party sent by certified or registered
mail .
e. The Vendor may not assign this Agreement without the prior written
consent of the County Department.
VENDO AIRMAN, COUNTY COMMISSIONERS
acez„.
Signs e / t /� � '� Signature
Name TAfil Tit e (Printed or or niiv x' Name (Printed)
ryjp;b�- of
Company or Business Name County
R l9HroN G r)/0 .
Ci y Date
Date
Page 4 of 4 Pages
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