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Home My WebLink About851098.tiff RESOLUTION RE: APPROVAL OF VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1984-1985 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 1984-1985 Project Year, with the following vendors: Town of Nunn Empire Gas of Brighton WHEREAS, the Board, after study and review, 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 1984-1985 Project Year be, and hereby are , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said agreements . ee �� - ,e_,J , �a,,�p;. ,. 5 soot p 851098 Page 2 RE: LEAP AGREEMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of January, A.D. , 1985 . _L BOARD OF CO COMMISSIONERS ATTEST: Q ^i WELD COUNTY, . COLORADO Weld County Clerk and Recorder and Clerk to the Board J cqu ine J hison, Chairman eneUSED DATE OF SIGNING - AYE �� o � Gene R. Brantner, Pro-Tem D puty County C rk — APPROVED AS TO FORM: C.W. Kir - D -) r i County Attorney f 7 Frank Yama u i LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of 198 by and between the Board of County Commissioners of ,N.0Q(3„ Cip,_„.3„,SNAdatting by and through the s (County) County De tment of Social Service • y and c �_ t_`1 (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 :=rye notified by the County Department that payment will be made to • LvIr the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil , natural gas, coal , propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. Page 2 h. "Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household's current primary residence for the period of November 1 , 1984 through April 30, 1985.. Such costs shall not include payment arrearages., investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors: estimated home heating costs ' for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. • If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall "^z.: '�-1 be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i . "Program Year" means from November 1 , 1984 to April 30, 1985. j . "Eligibility Period" There are two eligibility periods during the program year. The first eligibility period is November 1 , 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. k. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. II. Responsibilities of the Vendor: • a. The Vendor shall implement the following provisions: 1 . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eliaible 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 t-4 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 ;y" by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County .Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut-off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low-Income Energy Assistance Program. Page 5 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low—Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. r All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. • The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using "' their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or Page 6 • IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing , availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS DQ_ . Spar • fir; Signature S gnature� tvrp C:SIWS cj, c't\Clt• . Jackie Johnson, Chairman Name itle (Printed or sQomped) Name and Title Im�h P.O. Box 758 Company b r Busin ss Nam Address V1.s t-\1 y--- t vaCCN l Greeley, CO 80632 cG \ zipcode CIT//�/yj' zipcode DA DATE\ ATTEST: Q"j t2n..AA:-/-P.Ul1+A tirki • WELD COUNTY CLERK AND FE0.O DER AND LU=RK TO THE 'BOARD CB-K., 07P-- Yt r z 4A-6--c-fri—ex)- - 4Dep y Counr,- C� .k 1 Attachment C LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) 40 VENDOR AGREEMENT 4 (r% Ie b Agree�ient made this 1F+h day of January , 1985 by and between the c Board of County Commissioners of WELD acting by and through the (County) County Department of Social Services and Town of Nunn 755 3rA 8treat, P 0 Rnr 171 , N.-Jr, CO 80'1,8 (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: r 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. 4s�. 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 tr the utility company. Normally, non-bulk fuel includes natural ,r= gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be IF purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil . f. "Primary Heating Source" is the main type of fuel used to provide more than 50% of the heat to the residence. X, g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. aS t; Page 2 it 'Estimated Home Heating Costs" are verifiable projections of primary heating costs for applicant household 's current primary residence for the period of November 1 , 1984 through April 30, 1985. Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. 1) For non-bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 through April 30. 1984 for the household's current primary residence. Vendors serving applicant households which use non-bulk fuel as the primary heating source are required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. 2) For bulk fuel vendors: estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1 , 1983 though April 30, 1984 for the household's current primary residence. Vendors serving applicant households which use bulk fuel as the primary heating source shall be required to supply actual home heating costs for the period of November 1 , 1983 through April 30, 1984. If vendors cannot provide actual home heating costs for November 1 , 1983 through April 30, 1984, the vendor shall be required to supply verifiable estimated home heating costs for the primary residence for November 1 , 1984 through April 30, 1985. i_ 'Program Year" means from November 1 , 1984 to April 30, 1985. 1. 'Eligibility Period" There are two eligibility periods faring the program year. The first eligibility period is •ovember 1 , 1984 through January 31 , 1985. The second eligibility period is February 1 , 1985 through April 30, 1985. t_ '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. 4osibilities of the Vendor: a.. The Vendor shall implement the following provisions: T. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated any differently because of such assistance under applicable provisions of State law or public regulatory requirements; 3_ The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; Page 3 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will : • a) continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) days after such notification; c) shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The vendor will not terminate utility services of a household approved for the Basic program payment throughout the time the household remains eligible unless: a) The household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. Page 4 10. In the event services cannot be delivered by the vendor because the eligible household has been disconnected for non-payment of service prior to notification of eligibility by the county and cannot be reconnected because the eligible household will not enter into a payment agreement under terms acceptable to the vendor, the vendor will return to the county department of social services any Basic Program payment received by the vendor on behalf of the eligible household. 11 . (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household' s benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. Upon notification by the County Department, when a Household moves or no longer uses the originally approved Vendor, the Vendor shall return any credit balance, within ten ( 10) working days, due to the Household (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department; 15. The vendor shall refund any credit balances to the eligible household after May 31 , 1985 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1985; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low—Income Energy Assistance Program. Page 5 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low-Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November, 1 , 1984 through April 30, 1985 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the county department within 30 days of request. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. Non—compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. M t_ Page 6 IV. General Provisions a. The term of this Agreement shall be through September 30, 1985. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail . d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Signature Signature gnature LC�da h L. Fo Ste a. , "yert , Jackie Johnson , Chairman Name and Title lee (Printed or Type �p Name and Title ,du n v1 f► 1 u in l e t $ as 1 v P.O. Bon 758 Company or Business Na a Address .Uu 41,-ti i go 065/ Greeley, CO 80632 CITY zipcode CITY zipcode /w/Kr DATE DATE ATTEST l IA:7-dubwi [tr/ WELD COUNT, CLERK AND RECORDER AN CLERK TO THE ARD Depu y County C!erk Hello