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HomeMy WebLinkAbout851115.tiff RESOLUTION RE: APPROVAL OF VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1985-1986 PROJECT YEAR AND AUTHORIZATION FOR CHAIRMAN TO SIGN 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 1985-1986 Project Year, with the following vendors: Weld L-P Greeley Gas Company Keyser Coal Company Public Service Company - Brighton Public Service Company - Johnstown Public Service Company - Longmont Public Service Company - Louisville Public Service Company - Fort Lupton Public Service Company - Windsor Adams County Co-op Home Light & Power Company Van Gas Company Town of Nunn Empire Gas Company (2) Agland, Inc. Rocky Mountain Natural Gas Company Maddox Gas & Oil Company WHEREAS, after study and review, the Board deems it appropriate 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 1985-1986 Project Year be, and hereby are , approved. 55006 `5 851115 /i Page 2 RE: 1985-1986 LEAP VENDOR AGREEMENTS BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D. , 1985 . �f BOARD OF COUNTY COMMISSIONERS N7116 ATTEST: wine ,- w WELD COUNTY, COLORADO Weld County lerk and Recorder EXCUSED DATE OF SIGNING (AYE) and Clerk to the Board Ja eline�in Johnson, Chairman dove B v. Gene R. Bran ner, Pro-Tem De uty County C e EXCUSED APPROVED AS TO FORM: C.W. K' rb CMC‘- G ,� County Attorney ��%� - . �" •z/,2��' = Fra ='- .uc ,- ,e Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT 4:0` Agreement made this 4th day of December , 198 by and between the \ y Board of County Commissioners of acting by and through the (County) County Department of Social Services and WELD L - P P 0 Box 365. Pl evill . CnlnngAn Rf A51 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or ,projection of the anticipated heating' tosts for the current Heating JeaVoMINNoveMber 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, • reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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. I2. 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 adversely 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 cred,ited•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, 1986 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, 1986; 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. such budget calculation used to establish the.Household's monthly payment under mn behalf of the billing plan shall include any payments pa 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, 1985 through April 30,- 1986 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' immed'ate 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 ly the of a. The County Department address, account shall number, iftany, and amount Vendor ofopaymentlfor9 the each name, 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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 6,53-÷0 er\NINA.nent.-- Signature igna re JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title I/VELD IrP .S 1 "',ce P.O. BOX 758 Company or Business Name Address 7J Lf-rra✓�! Lte Zia / GREELEY, COLORADO 80632 CITY Ilfefts--- zipcode CITY, zipcode DATE DATE DER .. j d7JL.f'Jc�c-R--ed UUi., Colt CU"::IC Page 220 LOW—INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this / day of November , 1985 by and between the Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and Greeley Gas Cow___ 1200 11 Ave. , Greeley Co R0612 6 12 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 221 Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . i , "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household ' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1986 , m. "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 adversely 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 Page 222 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 Page 223 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, 1986 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, 1986; 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 Page 224 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, 1985 through April 30, 1986 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 regulations. Page 6 Page 225 IV. General Provisions / / a. The term of this Agreement shall be r�•�l A-' r � j /Tw5 through September 30, 1986. 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. OCU E R CHAIRMAN, COUNTY COMMISSIONERS 5ignat e Signature R.B. Hillman Vice-President--Manager Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Greeley Gas Company P.O. Box 758 Company or Business Name Address Greeley 842 Greeley, Colorado 80632 C / ipcode CITY zipcode;41) ,DATE 1.1DATE t , `Jr 1- .\F\L + r, �.•' 'L`ER • o au3 .�J ., tv ( ;r Ic Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT Agreement made this day of dY. 1985 by and between the /45HQ Board of County Commissioners of We - acting by and through the y..1 (County) • County Department of Social Services pppSL and b l LTi UPRA G, Greeley, Colorado SUb31 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the • primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season, to Ftg used as an estimate or dMojection "6fl the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, • reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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 a fnty oC r,nv ,nnrnv cmmbr., Page 4 the vendor eligibility by iice household has been disconnected for 10. In the event services cannot be delivered Y because the of ig prior to notification of eligible nonpayment cannot sevice agreement under terms the county and be reconnected the household wiolthetvendor, the payment ram payment enter to a epa will return to the county acceptable to Basic Program department eieb of oven r nservices any received by the vendor on behalf of the eligible househol d. bulk fuel suppliers) If the Vendor has I1. (Not en notified odle to department that a Household -has been othe theBasic County Program enefit, the Vendor will not adays after terminate for o heHousehold until in Vendor t terminate services to the Householdd¢oQrten working Y is notice that application h has been ma notified of the eligibility determination of the Household, whichever occurs first.12. The Vendor shall maintain confidentiality of information the County Department about a Household' s benefit pi novcdod by applicable Federal and State laws; n accordance with days i to an tnt ccount shall Department; which cannot be credited to account shall be 13. Any nydewts working returned within ten (10) when a Household the County Department, longer uses the originally approved Vendor, the . 14. Upon notification by within ten (10) Vendor shall credit balance, paid on working return eto any (up to the amount m pn made wehklf days, due the o se old, excluding any behalf of an Eligible Household, artment; by the Household) to the County Dep 15. The vendor shall refund any credit balances to the elig ible household after May 31, 1986 upon the Eligible Household' s request. the t or l payment delivered or e the 16. In the event that service cannot or will not be delivlicable, the credit nbal to c the u Household, whichever is applicable, ( p the e due t the o Household,o (up to the amount paid on behalf of an Eligible illubehoeturned too ld deposits made by the Household) days; excluding any Department within ten (10) working the Coo unty Dep rtment shall be the 17. All payments returned to the County Depar Venter name, accompanied by a notification showing Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; Department shall bereturned to All18. the funds t d ue to the County Departmentnolater than Aug ust 15, 1 6; the County 19. All other requirements of Federal and State laws and regulations shall be adhered to; shut—off or who are purchase fuel shall be provided with 20, All nc1a1lerunablehtodP subject futoel usher Y_ financially telephone number information about the Low—Income address and 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 such budget calculation used to establish the Household's monthly payment 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, 1985 through April 30, 1986 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 i '% 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- immediati 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 of a. The Coaddre s, account shall number,promptly any, andadvise amount Vendor paymentwriting the each name, Eligible Household. b. The County Department shall mnot their behalf to the notify Eligible Households of the amount of Home Energy payments to be 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 . Page 6 IV. General Provisions a. The term of this Agreement shall be �B✓, / 1 rl4-' through September 30, 1986. 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 iljitiael l(LtiraSignature ✓ ` ` S gnat% e - V S"hu,m,, fI<e p - - JACQUELINE JOHNSON, CHAIRMAN J 1rr ge_a • Name and Title (P 'inted or Typed) Name and Title / y Jer co « I ` 1✓', ukC t�7 Zhu- P.O. BOX 758 Combany or Business Name Address a eL/ [, 6Pb ‘c/ GREELEY, COLORADO 80632 CITY J zipcode CITY, zipcode /D a / of--S DATE DATE4-7y^' //(� „A�JJ(( 07,,,4„,_2C, r . ,_ ___ _. _. �� i:�s f C nry Co=rk LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between the 1985Sfp3C Board of County Commissioners of Weld acting by and through the (County) County Department of Social Services and_ Public Service Company of C.QJnradn. cc() - 15th Street, Denver, CO 80202 BRIGHTON BRANG1 OFFTfE (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 the majority of the heat to the residence. g . "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 3O, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to . supply actual home heating costs for the period of November 1, 19814 through April 3O, 1985. k . "Program Year" means from November 1, 1985 to April 3O, 1986. I . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April 3O, 1987. m. "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 adversely 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 . 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 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, 1986 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, 1986; 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, 1985 through April 30, 1986 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 regulations . Page 6 IV . General Provisions a, The term of this Agreement shall be through September 3O, 1986 . 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. UEL VENDOR44447g-Alarot.)-----... CHAIRMAN, COUNTY COMMISSIONERS a);(\st If\-Nis(viem. S nature 6gnat e Jacqueline Johnson, Chairman Ronald E. Donovan, Vice President Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Greeley, CO 80632 Denver 80202 — CITY zipcode CITY zipcode September 26, 1985 DATE DATE n NiseflOVED � C5, ON 7 {� K. S& �.'...'." , . ;n rtc.,OID::R i LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and Attwegn the Board of County Commissioners of Weld acting by and the8 I4ENC (County) County Department of Social Services and Public Service Company of Colorado, 550 - 15th Stre,Pt, Denver, Co 80202- .�T I E (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . i , "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April. 30, 1987. m. "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 adversely 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 . ii . (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, 1986 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, 1986; 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 L.ow-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, 1985 through April 30, 1986 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 regulations . Page 6 IV. General Provisions a. The term of this Agreement shall be — through September 30, 1986. 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 m n gnature ignat e Ronald E. Donovan, Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE APPROVED UA t�--/-eU-?lLc!wJ,"/ RE CORDER KGXS ` , ' ri= 6O,\fD eV 1/171 ,,y .:c:un-y LOW- INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT 1985 SEP 4th day of December , 198 by and between the C Agreement made this acting and through the Board of County Commissioners of Weld by (County) County Department of Social Services CO 80202 and Public Service Company of C �'Colorado, 550 - 15th Street, DPn r LONGMONT BRAIOH Q (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Ass ,assistance to o isncfi1981 (P.L. 97-35) provides for Home Energy be 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 the majority of the heat to the residence . g . "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence . Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling . j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence . Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1 , 1984 through April 30, 1985. k . "Program Year" means from November 1 , 1985 to April 30, 1986 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987 . m. "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 adversely 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 . 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 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, 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, 1986 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, 1986; 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. ec lculation ont used to establish the Household' s monthly payment under 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, 1985 through April 30, 1986 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 rpromptly anadvise Vendor writing eachtr1e name, address, account number, 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 . Page 6 IV , General Provisions a. The term of this Agreement shall be through September 30, 1986. 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 Sig ature • 5ignat e Jacqueline Johnson, Chairman Ronald E. Donovan, Vice President _ -- Name and Title (Printed or Typed) Name and Title P.O. Box 758 Public Service Company of Colorado Company or Business Name Address Greeley, CO 80632 Denver 80202 CITY zipcode CITY zipcode September 26, 1985 DATE DATE F,; _����ED . .RgtClerk LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT 1985 SEp 3r . 4th day of December 198 by and between the Agreement made this acting by and through the Board of County Commissioners of Weld (County) County Department of Social Services nnn..ar cfl sta2n2 and Public Service Company of Colorado, 550 15th S rpP , LOUISVILLE BRATICI n1glaR (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 the majority of the heat to the residence , g. "Secondary Heating Source" is the type of fuel used to provide • less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels .. Page 2 h., "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1 , 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986 . 1 . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April 30, 1987. • m. "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 adversely 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, 1986 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, 1986; 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, 1985 through April 30, 1986 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 regulations . Page 6 IV . General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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 41,2"447. �,..-__ )3\NPI\ gnature Q \ignat Ronald E. Donovan, Vice President _ Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Boxy 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE P��S 2i1-0ac- F EC07 DER Y'' t ;,'ARD. LOW—INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between tnec t,_3 Board of County Commissioners of Weld acting by and through the C (County) -� County Department of Social Services and Public Service Company of Cnloraan, 550 - 15th Street, Denver, CO 00202' FORT LUTON BRANCH OFFICE (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1961 (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 the majority of the heat to the residence. g . "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence, Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling . j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985 . k . "Program Year" means from November 1, 1985 to April 30, 1986. I. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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 be acauseethe eliiblreerms household will not enter into a paymentg het g 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, 1986 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, 1986; 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. 2.3 . The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1, 1985 through April 30, 1986 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 regulations . Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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 .4;INQ__ 60\0\40,01s----- Si ature S. n„)",pedirerStotifr.....- at e Ronald E. Donovan. Vice President Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE T� APPROVED r,TTF � i2`T: .P,lr,.i . AM EXECUTION C S & 0 WE!_): ." AND P.;-CORDER gy /611 rf f _ Deo, :y County Clerk LOW—INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 4th day of December , 198 by and between t$ 5SEp3 Board of County Commissioners of Weld acting by and through the C (County) County Department of Social Services and_ Public Service Company 9f Colorado, Scn - t cth Street, Denver, CO 80202 WINDSOR BRtNGE OFFICE (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 3O, 1985. k. "Program Year" means from November 1, 1985 to April 3O, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April 3O, 1987 . m. "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 adversely 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 (].0) 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, 1986 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, 1986; 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. 2.3 , The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1, 1985 through April 30, 1986 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 regulations. Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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\n M COMMISSIONERS Si nature ,ign-Eure Ronald F_ f]nnovan, Vi'-e president Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado PAD_ Box 758 Company or Business Name Address Denver 80202 Greeley, CO 80632 CITY zipcode CITY zipcode September 26, 1985 DATE DATE �- ...., 6 L'n ,..,� RECORDER THE Dep Jty County Clerk Attachment C • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT Agreement made this 7' day of 19O7- 1986 by and between the Board of County Commissioners of acting by and through the (County)• County Department of Social Services and ADAMS COUNTY co—nP 5 bl ('i 5 Rromiey. T.n Rri ghtnn Pnl n2 Jo $0601 (Vendor name and address) C^ (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. • i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of� he apticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices • and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. • m. "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 adversely 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; r 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 of iv h ltonotification ofeen eeligibility by e—county service prior regiment terms the county and cannot be reconnected cagse the eligible household will not enter o into a paymentram payment•• acceptable to the vendor: the vendBasicwill Progreturn to the county department of social services any received by the vendor on behalf of the eligible household. 11. (Not odle to bulk ty epa suppHers) If the Vendor has been notified by the County Department that a Household as ram benefit, the Vendor will not teapplied for servicesthe Ba oc tro9 g days after ld notice to that aplicationhhase obeenomadeoor until r ten rtheVendor is i f the eligibility determination of the Household, notified of the whichever occurs first.12. The Vendor shall maintain confidentiality of information the County Department about a Household' s benefit i provided by with applicable Federal and State laws; n accordance 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department;when a Household 14. Upon notification by the County Department, moves or no longer uses the originally approved Vendor, the . credit balance, within ten (10) on Vendor shall return any the amount p working days, due to the sehol Household (up to g any deposits made behalf th of anse old) toetheHousehold, CountylDepartment; by the Household) 15. The vendor shall refund any credit balances to the eligible household after May 31, 1986 upon the Eligible Household' s request. the t rtl p not amount or e the d by 16. In the event that service cannot or will not be delivlicable, the nbal to c the Household, whichever is app ( peredit the a due to the behalfoof an Eligible Household excluding to n yamount s the Household) will be returned excluding any deposits made by working days; to the County Department within ten (10) 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's the amount returned on behalf of the the amo, Eligible Eligible Household and the date and reason for return by Vendor; 18. All funds due to the County Department shall be returnedto the County Department no later than August 15, 19. All other requirements of Federal and State laws and regulations shall be adhered to; shut—off or who are subject to utility_shut—off with 20 i financially unable householdssuchase fuel shall be p address ddesaand lep to p 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, 1965 through April 30, 1986 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 thig 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. Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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. FU L VEND CHAIRMAN, COUNTY COMMISSIONERS 1-1 Signature S gnatWy e &I\YA•Cleri‘. Reiser Az Th7xn/ Clair net r. JACQUELINE JOHNSON, CHAIRMAN Name//and Title (Printed or Typed) Name and Title Alin, Co. Co-op. AtIvAt P.O. BOX 758 Company or Business Nami Address Oh,gyAMA/ go LI. / GREELEY, COLORADO 80632 CITY zipcode CITY, zipcode Be T, 7, /?7' DATE DATE ="t .1\INT, RECORDER L -ru Hm r,OAI:D, aY- Dep ty County Clerk Attachment C • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • 19858CT,C Agreement made this 4th day of December , 198 by and between the Board of County Commissioners of acting by and through the (County) County Department of Social Services and HOME LIGHT & POWER GO. P.O. Box 8 Greeley, Colorado 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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. • Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary •heating source. • i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to bi used as an estimate or projection of the`antitiibated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices • and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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 safnt-v of anv annrnvnd hru'snhold i+•nmber_ 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-Sli ikle 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, 1986 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--try 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, 1986; 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. under he calation ont used to establish the Household's monthly payment such 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 sibl Eligible the amount of payments made for Home Energy by 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, 1985 through April 30, 1986 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 I 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'immadiate`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 ly the Vendor in of a. name, address, account s number, iftany, and eamount writing The County epartment of paymentfor the 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. ' Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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. CHAIRMAN, COUNTY COMMISSIONERS FUEL VEND R (S o ,il J S gnat e Signatu e M. J. G ile _ JACQUELINE .TaHNS(lN�EAIKHAN Vice President & Gen. Pier. Name and Title Name and Title (Printed or Typed) Home Light and Power Company P.O. BOX 76R Company or Business Name Address GREELEY, COLORADO 80632 Greeley, CO 0632 CITY. zipcode CITY zipcode _ October 7 1985 DATE DATE _ - A TT ST 1 Fil ,t"/ Ci ' AND RECORDER . . KM) y BY ... D.{ ^ty County Clerk Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT• - Agreement made this 4th day of December 198 by and between the Board of County Commissioners of acting by and through the (County) County 'Department of Socialvinc s. P.O. Box 96 Wiggins, CO 80654 and �oanMNHAINa05fi9�Plf (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the • primary -heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating' season. tp be used as an estimate or projection of the anticipated heatinwi�costs for the current heating season (November lst .through April`30th). : Such costs shall not include payment arrearages, investigative charges, • reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. • m. "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 adversely 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 cred,ited•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. 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 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, 1986 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, 1986; 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. `ra J v. 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 . Hoysehold 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, 1985 through April 30, 1986 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. L 24. Non—compliance by the vendor with any of the above assurances of this agregemegnt 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. Page 6 IV. General Provisions a. The term of this Agreement shall be November 1,'85through September 30. 1986, - • • 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, COUNT COMMISSIONERS Signs &.‘fir.-Alkut‘nnr.. \\mace,- ; agnat e /Area Manager JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title VANGAS, INC. P.0. BOX 758 Company or Business Name Address • Wiggins , CO 80654 GREEELEY, COLORADO 80632 zipcode CITY, zipcode CIT'�0-23-85 DATE DATE ,^TT "Irl a s,.a ,; s" L:" c AND RECORDER F— ..)117,2c--49t,2) County Clerk Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT eggs 4C Agreement made this t, 17# day of Oct0 6 r z , 198 by and between the rat, Board of County Commissioners of acting by and through the (County) • County Department of Social Services and TOWN OF NUNN _F @. INZE lit NUNN, COLU$ADO 80648 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating. cqsts for the current heating season (November ist through`Aprfl� 3'0th) . Such costs shall not include payment arrearages, investigative charges, • reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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 cred,ited•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, 1986 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, 1986; 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, 1985 through April 30, 1986 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 reggest. =, 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 regulations. .-. ' Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. 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 -- ,S� � Signature gnatu JACQUELINE JOHNSON, CHAIRMAN Name and Ti e Printed or Type Name and Title /a,,II D P.O. BOX 758 1,0,04Leii c. i n a, ' !4'7 4-- -C Company or Business Name Address /(/01✓722 f 6 Sill GREELEY, COLORADO 80632 CITY zipcode CITY, zipcode /0/6 /it) DATE DATE nn �j n , : rant ( 1,twcf"gu¢n.QtrJ A.•-1D PF.(ORDER U IF' -OAkD - 5e :uty Courtly Clerk Page 220 LOW—INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this __X day of /2 198- by and between the Board of County Commissioners of WELD acting by and through the (County) �AS County Department of Social Services and - A 211412Q. CAS Cyn y P.O. BOX h47 BRIGHTON, COLORADO 8060 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 221 Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling . j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 3Oth) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 3O, 1985 for the household ' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 3O, 1985. k . "Program Year" means from November 1 , 1985 to April 3O, 1986 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April 3O, 1986. m. "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 adversely 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 Page 222 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 Page 223 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 ecarvednb otheovendoreonibehalf any ofBasic the eligiblegram payment household. received by 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 Household' s benefit in accordance with applicable Federal and State 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, 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 useholdvendor aftershall Mayrefund 31, 1986 credit thebalances Eligible Household' se ho 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, 1986; 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 Page 224 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, 1985 through April 30, 1986 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 regulations . Page 6 Page 225 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986 . 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 � _ � f---) Signature natu .Jg 9 ,���'<� S Jacqueline Johnson ChR i rma n Name an Title (Pri ed or Typed) Name and Title 47 ,ec ,19)-C- c51V2/7' A-1671 P.O. Box 151- Company or Business Name Address r�%g11-7Ej,,-? ,2...0g2 al. -Z94e� Greeley, Colorado 80632 ,0 lc. ' LJ 7/L a CITY zipcode DATE DATE /} /� ��� ICf,,, nn..,, . I�'���... r 'WC+tJ- vv� Lvv/�t CnAY/6�J.�/V `:',.-!_ •'".. ;• , ,•UU//ff C-! FM( AND RECORDER �._._..'..'TC, T 'BOARD J �y t. :.J'.,:, y Clark • Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT /985 01:7 Agreement made this - weeen-tne2 E; Z 3 day ofw 19es by and between-Enact, Board of County Commissioners of acting by and through the (County) County Department of Social Services and EMPIRE GAS CO. P.O. Box 417 GrSelpn, Colorado 80601 (Vendor name and address) (hereinafter referred to as Vendor). • WHEREAS, Title XXVI of the Low—Income Home Energy Assistance Eligible Households; 1 (P.L. 97-35) provides for Home Energy ass to i1 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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. • i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. • j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating seasnncto be cased as an estimate or g ojectioe of thte4oticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985, k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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 tho health and safnty of anv an- hniisnho1,i 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, 1986 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, 1986; 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. under The calculation ationt used to establish the Household's olypaymentbehalf of the billing plan shall include any payments made on 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, 1985 through April 30, 1986 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 I J right to addit 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` immaiate`te`rmination 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 ly the r in of a. The County epartmentname, address, accountsnumber,oiftany, and eamount eofo payment lfor g the hall each Eligible Household. b. The County Departmenbetmade li their behalf to notify all Eligible Households of the amount of Home Energy payments 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 . Page 6 _ IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. . 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 by4eeithert h ay upon 300days prior written notice to the other party ycertifiednr 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 V CHAIRMAN, COUNTY COMMISSIONERS \gnatu ignature -- . )°\\PI1/41-Let.--- . rr�' JACQUELINE JOHNSON., rruetRMAN Name anLaw-d iT• ,"(Printed 'M✓r Name and Title and Title or Typed) P.O. BOX 758 .nADIPf� frs Company or B siness Name Address G P. GREELEY, COLORADO 80632 CITY (-� y zipcodeD CITY, zipcode CITY /0 — A 3— tS D DATE ATE EMPtR'EGAS INC. OF GREELEY #2a9Ina? """""'7 e ATTEST: P. 0. BOX 417 « n ;AND RECORDER GREELEY, COLORADO 80632 44Et_� De. uty County Clerk Attachment C • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT 1985 OCT Agreement made this .1_3( day of 0C-77- 1985 by and between the acting by and through the Board of County Commissioners of (County) County Department of Social Services and AGLAND INC. P.O. BOX 338. Eaton. Colorado 80615 (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. • i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be0 ulsed as an estimate or projectioniof the anti4pat g heat?'�9 costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices • and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. • m. "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 adversely 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 mentip on paid on behalf of an Eligible Household, excluding any p by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31, 1986 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, 1986; 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_informatlan.onTandcprovideian assistance in establishing a budget billing p 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, 1985 through April 30, 1986 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 req est. , The State and County Departments reserve eser eathethe I .JA .0 rig�it'to au�it'vendor estimating procedures, and t • 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 agreesssggt, orapplicable law or regulations shall'be grounds for immediate rmination 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 aEli to iHusehoVendor.s of the amount of - Home Energy payments to be made their behalf 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 changes in hepl notify the Venlawdor or ore all pertinent ons. changes in this program caused by Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1986. • 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 /(. gna e Signat re ��JJ UP`G' 4 �/�i� )2,7 /1 4"44 c4'l JACQUELINE JOHNSON, CHAIRMAN Name and Title (Printed or Typed) Name and Title ( � P.O. BOX 758 Company or Business Name Address Ell�-ro r c e1i $ GREI,FP' P,(1L(1RADO Rn(132 zipcode CITY, zipcode CITY (�( zi DATE DATE - ,.., • ' , K. In RXORDER YO -CH - ARD °ry County Clerk Attachment C • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • v; Agreement made this /7 day oflc-1r— ,44)0254444, , 198 gby and between the �S b0�1 acting by and through the Board of Coturunty Commissioners of (County) County 'Department of Social Services and ROCKY MOUNTAIN NATURAL GAS CO. P.O. Box x$37 Frederick, CnlnrAdn Rfr3n (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 the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary-heating source. • i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the preyjoys heating season to §e ;used as an estimate oT projectigpres the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices • and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k. "Program Year" means from November 1, 1985 to April 30, 1986. 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986. The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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; i 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 ^ aafn'v „f anv an —n and h,snhold „mhor 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, 1986 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, 1986; 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. under he clation ont used to establish the Household's monthly payment such billing plan shall include any payments made on behalf of the . Hoysehold 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 f und accounting procedures as 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, 1985 through April 30, 1986 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 I J 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 agre�egmen t or applicable law or regulations shall 'be grounds for' imSeiiat'e 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. . • Page 6 IV. General Provisions a. The term of this Agreement shall be v/� . /// l 00 through September 30, 1986. . 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. � EN yDQf� � CHAIRMAN, COUNTY COMMISSIONERS oRc.C)ne---- ��Signatur�,DQe S •nat _ VIL£ /eESI3>£A✓ JACQUELINE JOHNSON, CHAIRMAN N me and Title (Printed or Typed) Name and Title pc, y/�Alo� e,trste✓ .44n.iai9L Rs C,�-1 ""�n,4/y ,4'c . P.O. BOX 758 Company or Business Name Address -5 e`.1Ptc K , cDi,3c GREELEY, COLORADO 80632 CITY/f // /! zipcode CITY, zipcode 1 !/ C DATE l d DATE 0-44.4,-,.;10 //J� �j •f�- � A ff+EST1 l;(nn�,-,.;1GP/tQ lQli�. bypt) ° BO 1 "`; AND RECORDyER I O Thy-. ARD Cr�y` 2u e/ l ,cun'ly Clerk Attachment C LOW--INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this _ Zr day of (2G Oi , 198 by and between the Board of County Commissioners of acting by and through the (County) County Depart e t of cial Serv'ces 2� ��� and a /E o , • ��ii / $-�V $Ve o 77�M.rcrCs-y 2 — (Vend r name and a dress) / C1 (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: 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. VCounty 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 the majority of the heat to the residence. B. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels . Page 2 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source . i . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling . j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels . Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and up to two secondary heating sources, for the period of November 1, 1984 through April 30, 1985 for the household' s current primary residence . Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1984 through April 30, 1985. k . "Program Year" means from November 1, 1985 to April 30, 1986 . 1. "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1, 1985 through January 31, 1986 . The second eligibility period is February 1, 1986 through April 30, 1987. m. "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 adversely 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; vage 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 . • 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 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, 1986 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, 1986; 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 ip 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, 1985 through April 30, 1986 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 regulations . Page 6 IV. General Provisions a. The term of this Agreement shall be /fad-- through September 30, 1986. 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 M ����i� O�CAff �`Q � Si na u/G/G�1%Lf'7 �gnatU� Ul !i i ��/A°x a Vic • Jacqueline Johnson, Chairman Name and Title (Printed or Typed) Name and Title J5r6 6 P.O. Box 758 Company/4"or Business Name Address Pp.,tali a 700 -1-2.--' Greeley, Colorado 80632 CI/ !O zipcode CITY zipcode G � DATE DATE • . A1'I'hST: ajf. l:.'/!1/~. e-ti . Weld County C erk and Recorder and Clerk to the Beard n BY: er1L-r i4 a_-/ cc---7-eJ -'41 putt' County Clerk *1 ,O mEmORAnDUm ,„; Wine To Board Dim December 4 , 1985 COLORADO From Clerk to the Board LEAP Vendor Agreements Subject: _ Because of the number of Vendor Agreements for the current LEAP project year which were submitted by the Department of Social Services , we are submitting a list of them for your review. Weld L-P Greeley Gas Company Keyser Coal Company Public Service Company - Brighton Public Service Company - Johnstown Public Service Company - Longmont Public Service Company - Louisville Public Service Company - Fort Lupton Public Service Company - Windsor Adams County Co-op Home Light & Power Company Van Gas Company Town of Nunn Empire Gas Company (2) Agland, Inc. Rocky Mountain Natural Gas Company Maddox Gas & Oil Company mrmoRAnDuni To Gordon Lacy oeediovember 27, 1985 Weld County Commissioner COLORADO Fro nGrne MrKenna. Director, Social Services subjact:I.nw income Energy Assistance Program - Vendor Agreements Please find attached the Vendor Agreements for the current LEAP project year. We need to have the Chairman of the Board sign, or have stamped if that is appropriate, the last page of each of these agreements. We see them as being routine but should you think we need to have a work session on these, or have them approved at the official Board meeting, please let me know and we will arrange as soon as possible. Thanks for your help. GM:lch Enclosures Hello