HomeMy WebLinkAbout940147.tiff RESOLUTION
RE: APPROVE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT WITH
RAM PROPANE AND AUTHORIZE 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, the Board has been presented with a Low-Income Energy Assistance
Program (LEAP) Vendor Agreement between Ram Propane and the Weld County
Department of Social Services, commencing November 1, 1993, and ending
September 30, 1994, with further terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Board of Social Services, that the Low-Income Energy
Assistance Program (LEAP) Vendor Agreement between Ram Propane and the Weld
County Department of Social Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 2nd day of February, A.D. , 1994, nunc pro
tunc November 1, 1993.
Alga/tet BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
J
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Weld County Clerk to the Board (/ _ /( L
/ W. H. Webster, hair an
/BY: 4;,i .-/�J
Deputy Clerk to the Boa Dale all, ro- em
i
APPROVED AS TO FORM: %� �
�eo e�. Baxter
r�i9 �a:cc� ,
ounty Attorrtey Constance L. Harbert
Ju _1
Barbara J. Kirkmey
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LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)/-,
VENDOR AGREEMENT .. i
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Agreement made this 141111 day of VCAYIUCAY {„/ , 19 Gig, by and between the
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Board of County Commissioners of y�I G� (county) , actingy
and through the ll1EIG� County Department
//��o���f Social Services
and Rx 1 1 QCr�pnne ;)b Ut Li u2 [7-)5'7
6r eleui cC , ?0631
' (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:
Z. 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 cf 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.
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
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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, cr 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 one
secondary heating source, for the period of November 1, 1992 through
April 30, 1993 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,
1992 through April 30, 1993.
k. "Program Year" means from November 1, 1993 through April 30, 1994 or until
funds run out.
1. "Eligibility Period" means there is one eligibility period for the program
year - November 1, 1993 through April 30, 1994 or until funds run out.
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.
n. "Good Faith Efforts" are documented attempts to reach Eligible Households
through phone contacts, written correspondence and/or personal visits; and
to jointly establish a monthly payback schedule not to exceed the current
bill plus an agreed upon fraction of all arrearages.
IT. 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;
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;
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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) initiate services, continue services, deliver fuel cr restore
services, whichever is applicable, to the Household;
b) not terminate utility services for at least sixty (60) days
after such notification;
The provisions of a) and b) above are applicable regardless of
the amount of the Household's arrearage, the amount the
Low-Income Energy Assistance Program benefit, or the
household's payment history, including the Household's failure
to abide by an earlier payment agreement. The Vendor may not
refuse to restore service to an Eligible Household because
there is an arrearage or a broken payment agreement;
c) 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 shutoff 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 more than sixty days after
notification of eligibility by the county department and 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.
10. In the event the Vendor discontinues service after expiration of the
60 day no shutoff period, the Vendor will return any payments
received subsequent to such discontinuance, on behalf of the Eligible
Household, to the County Department.
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.
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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. The Vendor shall report any credit balance due to an Eligible
Household when the Household moves or no longer uses the originally
approved vendor (up to the amount paid on behalf of an eligible
household, excluding any deposits made by the household) to the
County Department within ten (10) working days. The Vendor must
return such credit balance to the County Department within ten (10)
days of a county request.
15. The vendor shall refund any credit balances to the Eligible House-
hold after May 31, 1994 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, 1994;
19. All other requirements of Federal and State laws and regulations
shall be adhered to;
20. All dustomer households subject to utility shutoff or who are
financially unable to purchase fuel shall be provided with address
and telephone number information about the Low Income Energy
Assistance Program.
21. (Not applicable to bulk fuel vendors) In appropriate cases the
Vendor will furnish a Household with 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.
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23. The Vendor will provide County departments documented estimates cf
home heatinc costs for the period of November I, 1992 through
April 30, 1993 for any E'_i?ible Household using _.heir service. Such
estimates, if possible, shall be based on historical usace and such
estimates- shall be provided to the County Department within 30 day=_
of request. If the Vendor fails to provide estimated home heatinc
costs for an Eligible Household for the period of November 1, 1992
through April 30', 1993 the County Department shall make any payments
to the Eligible Household (not the Vendor) , unless the Vendor
documents that such data are not available due to no meters, broken
meters, no prior year's service, skips in service, or other reasons,
as established by the Colorado State Department of Social Services.
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. The vendor will make LEAP applications available to their customers
and offer assistance in completing the applications. The county LEAP
office will supply the vendor with applications, brochures and
envelopes for the return of the applications.
25. 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.
IV. General Provisions
NOVE:TER 1, 1993
a. The term of this Agreement shall be through
- September 30, 1994.
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.
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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 Vender
certifies that it has all licenses, insurance, etc. , required by law for
the provision of services hereunder.
f. If the Vendor has provided 60 days of continuous service in accordance with
provision 7(b) of this Agreement, and the Household moves and is no longer
served by the Vendor, the period's payment will be made to the Vendor,
unless the Household owes no balance on the Vendor' s account.
FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS
Signature Sign ,� 1. 02/07/94
W. H. WEBSTER, CHAIRMAN
M)) (3er WELD COUNTY BOARD OF COMMISSIONERS
Name and Title (Printed or Typed) Name and Title
J 5QM 7`a/oar P.O. BOX 758
Company or Business Name Address -
6(m-. Pie' (!o 261n f GREELEY, CO 80632
City Zip Code City Zip Ja.Thc 14/ li l ,Y/- 02/02/94
Date Date
940147
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
r, GREELEY,COLORADO 80632
_ Administration and Public Assistance(303)352-1551
Child Support(303)352-6933
Protective and Youth Services(303)352-1923
wilgC.
Food Stamps(303)356-3850
FAX(303)353-5215
COLORADO
TO: W. H. Webster, Chairman, Board of Weld County Co is Toners
FROM: Judy A. Griego, Director, Social Services__. l/�)
SUBJECT: Low Income Energy Assistance Program (LEAP Ve or ree ent
DATE: January 31, 1994
Enclosed for Board approval is a Low Income Energy Assistance Program (LEAP)
vendor agreement with Ram Propane.
If you have any questions, please telephone me at extension 62OO.
jac
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