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Home My WebLink About900994.tiff RESOLUTION RE: APPROVE VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE PROGRAM FOR 1990-1991 PROJECT YEAR AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners o£ 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 XXVA of the Low-Income Home Energy Assistance Act of 1981 , (P.L. 97-35) provides for Home Energy Assistance to eligible households, and WHEREAS, the Department of Social Services has presented to the Board, for its approval, Agreements concerning the Low-Income Energy Assistance Program (LEAP) , for the 1990-1991 Project Year, with the following vendors: Adams County Co-op Agland, Inc. Butane Power and Equipment Empire Gas of Brighton Empire Gas Greeley Greeley Gas K N Energy, Inc. Keyser Coal Maddox Public Service Company of Colorado Sterling Oil Company Suburban Propane United Power, Inc. Weld L-P Gas 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 1990-1991 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. 900994 X50012 ( i - dn.,AN,,(I�) ;:k � Page 2 RE: LEAP AGREEMENTS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of October, A.D. , 1990 . i, �d i / ' ! I BOARD OF COUNTY COMMISSIONERS ATTEST: Ity //t/ Y;;' ;,? WEL UNTY, COLO DO Weld County Clerk to the Board Alie , zene R. Brantn r, Chairman e"— • J Geo ge Kennedy, Pro-Tem D puty Clerk to the Board ,,,4� .r,16-4-G APPROVED AS O FORM: -instance L. Har e C.W. 1 b County Attorney Go . 900994 Are;(cN) MtMORAn Dun I Tom David Date October 19, 1990 Weld County Attorney COLORADO From Gene McKenna, Director, Social Services sub)acr. Low Income Energy Assistance Vendor Agreements, 1990-91 Project Year Tom: Request your review and approval of the attached vendor agreements for the 1990-91 year. On Jim Sheehan's note you will see that we have listed vendors which agreed to participate. If everything appears in order, request an appropriate resolution from the Clerk to the Board and prepare for County Board review and approval. Thank you for your assistance. GM:jac Enclosure re r: • t , Y LOW-INCOME ENERGY ASSISTANCE PROGRAM 12'33 C -2 (u'AP) VENDOR ACS AyierncaiL mode this 26th day of September, 1990 by and between the BOARD OF COUNTY COMMISSIONERS OF wEr,n COUNTY, acting by and through the Canty Department of Social Services and K N ENERGY, INC. , a Kansas COspuLation, hereinafter referred to as "Vendor." WHEREAS, Title XXVI of the Tow-Imam Home Energy Assistance of 1981 (P.L. 97-35) provides for Hone 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: 1. The following definitions shall apply in the interpretation of this Agreement: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for wham the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Herne Energy" shall include electricity, fuel oil, natural gas, mat , 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 wbidu is provided by a utility asrtpany 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 whidu 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. 1 9 .1029m g. "Secondary Heating Sauce" 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, propaze, nom, kerosene, fuel oil or other bulk fuels. h. "Supportive FUel Sauce" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating sauce 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) . The estimated home heating costs will be calculated by multiplying the actual CCF usage from the previous November to April by the rate in effect at the time the estimate is provided to Social Services. Smith costs shall not include payment arrea.ages, 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 sauce, and one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "FtuyLam Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the plcyt-m year - November 1, 1990 through April 30, 1991. 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. "Cori 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. 2 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 rxq iremmts; 3. The Vendor will not dicrriminate, 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 Vendor's billing as soon as practicable; 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 any credit amounts remaining on the account to the County, Department within thirty (30) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household bas been approved for the basic program payment, the Vendor will: a) initiate services, continue services, deliver fuel or restore services, whidhever 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 Lai-Imam Energy Assistance Program 3 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 shut-off situation at anv 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 (60) 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 Venndor 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 except to the extent that such payments relate to Vendor's utility services provided prior to the date of termination; 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 4 :9C:091A 1 ` terminate services to the Household for ten (10) 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. The Vendor shall report any credit balance due to an Eligible Household, when a household moves or no longer u:.ou 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 thirty (30) working days. The Vendor must return such credit balance to the County Department within thirty (30) days of a county request; 15. The Venndor shall refund any credit balances to the Eligible Household after May 31, 1991 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 thirty (30) working days; 17. All payments returned to the County Department shall be accompanied by a notification stowing 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, 1991; it being understood that this paragraph pertains solely to the provisions of paragraphs 10, 14 and 17 of this Agreement; 19. All other requirements of federal and state laws and regulations shall be adhered to; 5 4 C C.R9.A 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 augtam; 21. (Not applicable to bulk fuel vendors.) In appropriate oncas 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 Lad-Ircame Energy Assistance Programs as well as payments to be made directly by the Household; 22. The Vendor shall establish such final 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 Agreemennt Shall be available on reasonable notice, for emanationinspection, audit or other nation 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 Hone Ernergy 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 Ayimue3,l. 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 hoe heating costs for the period of November 1, 1989 through April 30, 1990 for any Eligible Household using their service. Such estimates, if priasible, shall be based on historical usage and swan estimates shall be provided to the County Department within thirty (30) days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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; 6 52,C C7,1.,� 24. Non-compliance by the Vendor with any of the above assurances of this Agreement or applicable law or regulations shall be grounds for immxiiate termination of this Agreement. Stith termination shall include termination of payments an behalf of Eligible Households and immoldiate return of credit balances or refunds awed to the Canty Dent, unu h termination is in addition to all other legal remedies available to the Canty 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 Ham_ E1'nexgy supplied in accordance with the terms of this Agreement- d. The County Department shall promptly notify the Vendor of all pertinent charges in this piusLam caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be October 1, 1990 through Septa ber 30, 1991. b. This Agreement is subject to and eontinye.sd. upon the continuing availability of federal funds. In the event that insufficient fronds, as determined by the State or County Department, are available for this program, the State or County Department may immediately tenainate this Agreement. c. This Agreement may be terminated by either party upon thirty (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. 7 e. The Vendor shall coyly with all applicable federal and state law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and d;c-rimination. The Vendor certifiers that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided sixty (60) days of continuous service in accordance with provision 7(b) of this Agiezmrsil, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Hdusehold owes no balance on the Vendor's account. FUEL VENDOR , C KESSIONERS Signature Signe S. D. Whiteman, Jr. Senior Vice President Gene R. Brantner, Chairman Name and Title (print or type) Name and Title (print or type) K N Enema. Inc. P.0. Box 758 Ccmpany or Business Name Address Hastings NE 68901 Greeley, CO 80632 City State Zip City State Zip /°h 9/90 Date: September 26, 1990 Date ATTEST: "7 �G//q , ..y! WELD COUNTY CLERK TO E BOARD • D .FU IY CLERK TO TR_ Pr, - 8 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT L�' Agreement made this day of r?-1-6 3C/� Art by and between the Board of County Commissioners of Weld County acting by and through the Weld (County)County Department of Social Services and Weld L—P Gas P.Q. Box 365, Platteville, GO snh51 (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. "Sulk 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. e f 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991 . 1. "Eligibility Period" There is one eligibility period for the program year — November 1, 1990 through April 30, 1990. 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 . - - ZI. 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 whiting 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) initiate services, 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. 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 shut—off situation at any time during the eligibility period. e. 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. 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 Household after May 31, 1991 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, 1991; 4.' • • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 for any Eligible Household using their service. Such estimates, if-possible, shad be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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. ne "f III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1991. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. 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 CHAIRMA OUNTY COMMI^SIGNERS t /i - Signature Si• ature Ft/Pk ZW-e-diCKIn 1/3: Gene R. Brantner, Chairman Name and Title (Printed or Typed) Name and Title P.O. Box 758 Company or Business Name Address ` Z -i fr tt L`E, g D ‘ s-7 Greeley, CO 80632 CITY zipcode CITY /Q zipcode DATE / DATE r • • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) i VENDOR AGREEMENT Agreement made this day of , 19'/I by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services _ and ilximxxXxxxixICIAAkttlA United Power, Inc. F.U. Box 929, Brighton, CO 80601 (Vendor name and address) t (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 3 this Act are used in accordance therewith. ( MOW, therefore it is hereby mutually agreed: I. The followingdefinitions shall apply in the interpretation of this _- Contract: i a. "Household" or "Eligible household" is .one that bas applied for - energy assistance and foraahom the Vendor +has been notified by the t County Department that payment twill 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. t. "County Department"' means the County Department of Social Services. e d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and }s regulated and metered by the utility company. Normally,-ran-bulk fuel Includes natural-gas and -electricity. e. 'Bulk Fuel" is an energy source for bowie beating which may be purchased in quantity from a fuel supplier and .stored by the f3ousehold to be used as needed Normally, sulk fuel includes wood, _propane, kerosene, coal and 'fuel toil. 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 beating sources may include natural gas, propane, wood, icerosene, fuel oil or other bulk fuels. is ( a,3s 6 t F . h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. I— i. "Home Heating Costs" are charges directly related to the primary heating r source used in a residential dwelling. i j. "Estimated Home Heating Costs" are the amount of heating costs incurred 1 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 arrea r ges, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. - { I Estimated home heating costs for.an applicant household shall consist of i the total actual home heating costs for the primary heating source, and I one secondary heating source, for the period of November 1, 1989 through I April 30, 1990 for the household's current primary residence. Vendors I serving applicant households for primary and/or secondary fuels are - required to supply actual home heating costs for the period of November 1, 1989 through April 30, 1990. r —k. "Program Year" means from November 1, 1990 to -April 30, 1991. 1. "Eligibility Period" There 1s .one-eligibility .period for.the;progran year -- .November 1, 1990 through #April 30,-1990. ,� .-„xca re, - AO., '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 !g arrearages. - C i II. Responsibilities of the Vendor: -a. The Vendor shall implement the following provisions: 1. The Vendor will rharge the Eligible Household, in the normal billing process, the difference between the actual cost of thetHome Energy and the amount of the payment made by the County Department; — 2. No Household receiving assistance under the program suiil to 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 aade; i . 1 ! - 4. The Vender 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 F 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 fff[ a Household has been approved for the Basic Program payment, the Vendor will: a) initiate services, continue services, deliver fuel or restore services, whichever is applicable, to the Household. Jo) not terminate utility services for at least sixty (60) days after such notification. The -provisions of a) and b) above are applicable .. -244 w^egardless of the amount bf 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) snake 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 at Household 'approved for the Basic program payment snore 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 ar -modified budget billing payment plan with the vendor; or _t) 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. • xr'; ._'7 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 i 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 `1 Eligible Household, to the County Department. . F 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. 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 fiousehold, 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 Household after flay 31, 1991 upon the Eligible Household's request. ',AG. In the ievent that service cannot or will-#rot 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 -r amount paid on behalf of en Eligible Household excluding any deposits trade by the Household) will be returned to the County Department within ten (10) working days; h 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, 1991; e • 19. All other requirements of Federal and State laws and regulations shall be adhered to; i 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. h 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 plar: 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 behalf4of.each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained fora period of 3 years following the termination of this Agreement. The State and County 7 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, 1989 through ' April 30, 1990 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 witrin 30 days of request. If the Vendor fails to provide estimated home 4ieating costs for an Eligible Household for the period of November _1, 1989 through April 30, 1990, the County Department shall,aake any payments to the Eligible Household (not the Vendor), .unless the Vendor.documents that such data are rot 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. Eldon—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 044S 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. i 2 III. County Responsibilities i a. The County Department shall promptly advise the Vendor in writing of the t 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 f regulations. , F IV. General Provisions -a. The term of this Agreement shall be November 1, 1990 through September 30, 1991. 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#his Grogram, the State or County Department may immediately terminate athis e.44. 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. 4he Vendor certifies that it has all licenses, insurance, etc., required bylaw for the provision of services hereunder, r 1. If the Vendor has provided ir0 days of continuous service in accordance with provision 7(b) of this 9Agreement, sand the Household snoves .and is no longer served by the Vendor, the period's payment will to made to the Vendor, unless the Household owes no balance on the Vendor's account. F11 E,V64 R CHAIRMAN NTY COMMISS NERS Signature Signature „ ___Ilaye_Thume_11,Genenl Mannfpr Gene R. Brantner Chairman Name and Title (Printed or Typed) Name and Title United Power_ Inc. P.O. Box 758 Company or Business Name Address Brighton, Colorado 80601 Greeley, CO 80632 CITY zipcode CITY September 20, 1990 _ zipcode E DATE - DATE lv�,DD LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEP()�, VENDOR AGREEMENT `‘=+L � nn Agreement made this day of . 1974 by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and Suburban Propane P.O. Box 96, Wiggins, CO (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 nil. • 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 thanes 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 one secondary heating source, for the period of November 1, 1989 through " April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — . November 1, 1990 through April 30, 1990. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination f in a4cordance with LEAP rules. t n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or I personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. - r 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; t t t m ll . E 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) initiate services, continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for at least sixty (60) r days after such notification. , t The provisions of a) and b) above are applicable f 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 1 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; tc) 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 ram ro p g payment more than sixty days after notification of eligibility b the count p 9' y y y department and throughout the time the Household remains eligible unless: t fa) The Household fails to enter into an installment or. modified budget billing payment plan with the vendor; or f- .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 p. determination of the Household, whichever occurs first. j, 12. The Vendor shall maintain confidentiality of information provided f by the County Department about a Household's benefit in accordance C with applicable Federal and State laws; s 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 u to the amount� ( p 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 t return such credit balance to the County Department within ten (10) r. days of county request. E15. The vendor shall refund any credit balances to the Eligible e Household after May 31, 1991 upon the Eligible Household's request. r 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, 1991; a 19. All other requirements of federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with info-rmation 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household forthe period of November 1, 1989 through April 30, 1990, 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 k 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. IV. General Provisions a. The term of this Agreement shall be NOvember 1, 1990 through September • 30, 1991. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. 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. FUE flOR/1 CHAIRM LINTY COMMISSIONERS �.: (� ` Signature Signature ff« MOSASASSPAWBR Gene R. Brantner Chairman Name and Title (Printed or Typed) Name and Title • SUBURBAN PROPANE P.O. Box 758 Company or Business Name Address • P.O. BOX 96 WIGGINS, CO $0654-0096 Greeley, CO 80632 CITY zipcode CITY /C zipcode _ August 17, 1990 /; DATE — �-,,r,;-�,.•. , �, , DATE c LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) : VENDOR AGREEMENT 1 "/C 6L ,_ , 19% by and between the Board Agreement made this . ��I day of " of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and St.erl i .g Oil Co P.O. Box 989, Sterling, CO 8080751 (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 fbr 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 . �� 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — November 1, 1990 through April 30, 1990. 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 . - 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; 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) initiate services, 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. 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 buck-let 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 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. 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 Household after May 31, 1991 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, 1991; • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 for any Eligible Household using their service. Such estimates, if-possible, shad be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 a. The term of this Agreement shall be iovember 1 , 1 )90 throughSeptember 30, 1991. 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 pr,w4c ion 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 LINTY COMMISSIONERS Signature Signature 4 f'A',%' r C n e_' JChi fJ c l/./), -✓:' Ga"P R Rrn pr, Chairman Name and Title (Printed or Typed) Name and Title `.C %eA'CixC C /L Y vA .: P.O. Box 750 Company or Business Name Address S T e" L r t , CO 'A < ;' ( / Greeley, CO &0632 CITY zipcode CITY /c,") zipcode / C e DATE DATE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 17th day of September , 1990 by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and Greeley Gas P.O. Box 1200, Greeley, CO 80632 (Vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. • NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this s 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. r 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 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. l: Fj 1. "Eligibility Period" There is one eligibility period for the program [ year — . November 1, 1990 through April 30, 1990. { m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in aycordance 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 i arrearages. - { SI. Responsibilities of the Vendor: t 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; c 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; I. 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 or 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 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 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. 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 Household after May 31, 1991 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, 1991; • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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 y . 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, 1969 through April 30, 1990 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. If the Vendor fails to provide estimated home E heating costs for an Eligible Household for the period of November 1, 1965 through April 30, 1990, 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 t audit vendor estimating procedures, and to terminate the-vendor t agreement if estimates are found to be inaccurate or inappropriate. t 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. IV. General Provisions a. The term of this Agreement shall be November 1 . 1990 through September 30, 1991. • b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. 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 CHAIRMA ,i UNTY COMMIS NERS Signature Signature R. B. Hillman Vice-President/Manager Gene R. Brantner Chairman • Name and Title (Printed or Typed) Name and Title • Greeley Gas Company P.O. Box 758 Company or Business Name Address Greeley, CO 80631 Greeley, CO 80632 CITY zipcode CITY �,. _ zipcode DATE DATE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) rt" c'• VENDOR AGREEMENT • Agreement made this L day of , 19: by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and Empire Gas P.O. Box 417, Greeley, CO 80632 (Vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non—Bulk Fuel" is an energy source for ,home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non—bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide 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 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — . November 1, 1990 through April 30, 1990. 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. - 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; • 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; S. 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 nooVQ� o the Basic Program payment efby the County rDepartment that a Household has been app the Vendor will: a) initiate services, 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. 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 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 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. 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 Household after May 31, 1991 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, 1991; • • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 a. The term of this Agreement shall be November 1, 1990 through September 30, 1991. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. 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. (,_11: L V,OL CHAIRMA UNTY COMM ONERS Signature Signature r _ S k 1+1 2\''\_AC/ Gene R. Brantner Chairman Name and Title (Prifted J. Typed) Name and Title ,ab1 .Y � (rnos. L. �<. P.O. Box 758 Coma y 9r pus i ss,Aly5m� ,1 Address " ILA Fr.l., \.-.i�'•>. cr .-Z l!4;Q{�t'' �S�'C .3a• Greeley, CO 80632 CITY zipcode CITY zipcode `;> •L DATE DATE • L! C7 LOW-INCOME LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of 1 , 1974 by and between the Board of County Commissioners ofWeld acting by and through the Weld (County)County Department of Social Services and Empire Gas P.O. Box 447, Brighton, CO 80601 (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. "Sulk 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 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — . November 1, 1990 through April 30, 199O. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in aScordance 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. - 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; • 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) initiate services, 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. 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 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 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. 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 Household after May 31, 1991 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, 1991; a' • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 a. The term of this Agreement shall be November 1, 1990 through September 30, 1991. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. 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 CHAIRM OUNTY COMM SSrONER Signature Signature J' / , 1 -f; :'::_- Gene R. Brantner Chairman Name and Title (Prited or Typed) Name and.Title /,. . IfLL P.O. Box 758 Company or' Business Name Address •� •,� ` ' Greeley, CO 80632 CITY ' �G7 zipcode CITY zipcode • //. DATE DATE • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) t . VENDOR AGREEMENT lu-� ��`': 21 4 r' Agreement made this t.:7(-: ' day of 191/ by and between the Board 1 of County Commissioners of Weld • acting by and through f the Weld (County)County Department of Social Services and Butane Power and Equipment. P.O. liox 1447, Fort Morgan, CO 80701 _ (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; i and « WHEREAS, the parties hereto desire to establish asn arrangement to carry out the provisions of this Act and to assure that funds available under tthis Act are used in accordance therewith. 3 SNOW, therefore it Is hereby mutually agreed: T. The following definitions shall .apply in the interpretation of this • : Contract: ._:.w', • ,, ri .a. 'Household" ar "Eligible Household" is one that has applied for energy *assistance and forwhom the Vendorihas been notified iby-thee County Department that payment will be trade 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 fsel used for heating a residential dwelling. s c. "County Department° oceans the County Department of Social Services. • d. "Non--Bulk Fuel" is an energy source for *some 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 . • Aelectricity. AP. 'Bulk fuel" is an energy source for ihome -beating which may be purchased in quantity from a fuel supplier and stored by the -household to be used as needed Nonaally,Abulk fuel Includes wood, propane, kerosene, 04741 and fuel ail. - T. 'Primary heating Source" is the Lain 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 asay 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. - 1. "Home Heating Costs" are charges directly related to the primary heating f[ source used in a residential dwelling. f 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 1 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, 1989 through April 30, 199D 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, 1989 through April 30, 1990. • lc. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility period" There is one eligibility period for the program year — _ November 1, 1990 through April 30, "1990. '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. - II. Responsibilities of the Vendor: -4t. 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 dome Energy and the amount of the payment made by the County Department; 2. ldo 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 an whose behalf payments are made; c: 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; I 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) initiate services, continue services, deliver fuel or v restore services, whichever is applicable, to the Household. p p i. b) Trot terminate utility services for at least sixty (60) aiays after such notification. - .r - The provisions of a) and b) above are applicable rk " i 'regardless of the amount of the household's arrearage, it ?the .amount the tow-Income Energy Assistance program -benefit, or the household's payment history, including } the Household's failure to abide by an earlier payment is agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or f:- a broken payment agreement; 'e c) make a good faith effort to establish or re—establish an # installment or modified budget billing arrangement with f' the Eligible Household if the household is in an actual - k _ or potential shut—off situation at any time during the eligibility period. 8. ;ylhe 'Vendor will not terminate utility services of a Household 'approved for the Basic program payment more than sixty days # sMfter rrotification of 'eligibilityby the county department and 'throughout the time the Household remains eligible unless: l'he Household fails to enter into an installment or - sesodified budget billing payment plan with the vendor; or i _b) the Household fails to make the required payments under an installment or modified budget billing plan or any ether payment plan, negotiated with the vendor. - 1 _ i. a (: ,. 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 1 practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health 9 and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 6O.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. . 2 11. (Not applicable to bulk fuel suppliers) If the Vendor has been 1 notified by the County Department that a Household has applied for Ethe 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 an accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shalibe returned within ten (10) working hays 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 Household after ray 31, 1991 upon the Eligible Household's request. .46. 3n 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, sehichever 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) aoorking days; 17. dill 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, 1991; d 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) ,In appropriate cases the Vendor will furnish a Household with 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 - i Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. i 22. The Vendor shall establish such fiscal control and fund accounting i 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+eachr. Eligible Household, the balance of available benefits and fuel Costs. All records shall be maintained fora period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this - k.. Agreement by the Vendor. ' 23. The Vendor will provide County departments documented estimates of t home heating costs for the period of November, 1, 1989 through r April 30, 1990 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. If the Vendor fails to provide estimated home heating costs foram Eligible Household for the period of November 1, 1989 through April 30, 1990, the County Department shall snake any payments to the Eligible Household (not the Vendor), Lnless the Vendor documents that such data are riot 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. 14°n—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 E other legal remedies available to -the county department, including ₹E investigation or prosecution of fraud in connection with this agreement. t .a L , ^ - - III. County Responsibilities s 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. e. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent • changes in this program caused by changes in applicable law or regulations. IV. General Provisions -a. The term of this Agreement shall be November 1 , 1990 '.through September 30, 1991. -'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 lerAllis ` n - grogram, the Mate or-County tepartssentsay-proediately Serial nab .� 41greement, ' Mi lc. "This Agreement shay be terminated by either party upon 30 days prior- -<- -_ -written notice to the other party sent by certified or a registeredeall. d. The Vendor*nay 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:4he aleodor' -- -certifies that it Ms all licenses, insurance, etc., requiredty4[aw for , =the.provision of services 'hereunder. '_. It 3f the Vendor has provided 160 slays lofsontirivous serviceilnticCondance _:,aoith vrovision 7(b) aof this Vigneement,as+Lrd the ilouseholdisolfetAand !(sYrw *? -4 --.-longer served by the Vendor,-the Veriod'a Vayaentasillibeaadelto#lse ti Vendor, .unless the Household owes no balance on the Vendor'aaccount w "/ FiIEL(/VjEJ\NOOK r' iAI DOf7II ERS -• ,Cignature S gneture _ P ' ;- / �)• 1'..�(G2;. �,r/i,/,,, •-r t Gene R. Brantner - -.Chairman ) ' - _ ,lhtane arld Title (Printed or-Typed) 111ame and Title x , ,l ` A. Wt.ter t^)U't"' � ;`.,r-` , ;� - Company or Business Name ,'/' � Address f /7,144/ , '�' >e Greeley, CO 80632 CITY ' zipcode CITY /1- zipcode 7 DATE DATE f LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT of , )14 , 199 by and between the Board Agreement made this.:�) day `actin b and through of County Commissioners of Weld (County)County Department of Social Services the Weld and Agland, Inc. P.O. BOx 338, Eaton, CO 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 fdr 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 dome 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 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — . November 1, 1990 through April 30, 1990. 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. 0. 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; 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) initiate services, continue services, deliver fuel or restore services, whichever is applicable, to the Household. b) not terminate utility services for ;at least sixty (60) T days after such notification. r 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 shut-off situation at any time during the eligibility period. B. The Vendor will not terminate utility fervices of a Household -approved for the Basic program payment snore than sixty days E' after notification of eligibility by the county department and {, throughout the time the Household remains eligible unless: l_ ' a) -.-The Household fails to enter into sin installment or �g -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. s 4. F 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. 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 Household after flay 31, 1991 upon the Eligible Household's request. f - 16. In the event that service cannot or will rot be delivered by the s Vendor to the Household, the total payment amount or the credit g, balance due to the Household, whichever 3s 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 I , 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, k, 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, 1991; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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 -“, k 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November E 1, 1989 through April 30, 1990, the County Department shall make i 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. 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 t changes in this program caused by changes in law or ? regulations. IV. General Provisions i a. The term of this Agreement shall be November 1, 1990 through September 30, 1991. • b. This Agreement is subject to and contingent upon the continuing 1. 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 Ener gy service, and discrimination. The Vendor 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 CHAIRM ,�•o'UAfTY COMMISSirONERS • , C �� ► na ure �� '�� 61 _g G S gnature .,714117,A7 l�Gn. Gene R. Brantner Chairman Name and Title (Printed or Typed) Name and Title 4.-re P.O. Box 758 'Company or Business Name Address FoG ` • Greeley, CO 80632 CITY r r, r Q zipcode CITY f zipcode 7 _ �> j DATE DATE • f LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) -"t Gs, . VENDOR AGREEMENT .LP O Agreement made this . '/ day of ' / ,' < , 19�rr by and between the Board : of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services . and Adams County Cn-own r 55 W. Bromley Lane, Brighton, CO 80601 (Vendor name and address) 1 (hereinafter referred to as Vendor). i WHEREAS, Title XXVI of the Loo--Income Home Energy Assistance of 1981 (P.L. I97-35) provides far Home Energy assistance to Eligible Households; and I WHEREAS, the parties hereto desire to establish an arrangement to carry out j the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. I -MOW, therefore it is hereby mutually agreed: i t I. The following definitions shall apply in the interpretation of -this i Contract: d es. "Household" or "Eligible household" is pne tatAsas applied for' ., ,, energy assistance and for whom the Vendor hats been ratified by the ; 1 County $epartment that payment swill be anode to the Vendor on behalf ¢' of the household. i b. "Home Energy" shall include electricity, fuel oil, natural gas, i coal, propane, wood, kerosene, or any other fuel used for heatino a residential dwelling. i t. 'County Department,' means the County Department of Social Services. i d. "Non-Bulk Fuel" is an energy source for#rome Beating which is provided ty a utility company and is regulated and metered by :the „utility company. Normally,-von-bulk fuel includes natural±gas and A =electricity. • - ` - e. 'Sulk -Fuel" is on energy source for isose+heating which may be purchased in quantity from a fuel =supplier and stored by the household to be :used as heeded :Nonsally,t ulk fuel includes ;wood, ' ::propane, kerosene, coaland fuel mil.. 4-1f_ "Primary Heating Source"3s the swain type of.fuel used to provide i the majority of the beat to the residences. g. 'Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating 8 sources may include natural gas, propane, scrod, kerosene, fuel oil or other bulk fuels. _ 1 „* . a R a 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. • k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. . "Eligibility Period" There is one eligibility period for the program year — November 1, 1990 through April 30, 3990. 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._ - 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 & • 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; t 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 E 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: i a) initiate services, continue services, deliver fuel or restore services, whichever is applicable, to the Household. P 1 b) not terminate utility services for at least sixty (60) days after such notification. The provisions of a) and b) above are applicable tV 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 @ 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 shut-off situation at any time during the eligibility period. $. 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 °r 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 r practitioner acting under a physician's authority stating that f termination of service would be especially dangerous to the health and safety of any approved household member. i 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments F received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. . f 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 p with applicable Federal and State laws; f 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; • F 14. The Vendor shall report any credit balance due to an Eligible E e 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 f. 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. r - 15. The vendor shall refund any credit balances to the Eligible Household after May 31, 1991 upon the Eligible Household's request. e 16. In the event that service cannot or will trot 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; . k 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; % 16. All funds due to the County Department shall be returned to the County Department no later than August 15, 1991; 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 s 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. 1' 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:ofeach 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 y: Agreement by the Vendor. 23 . The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home '._ heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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 rServices. The State and County Departments reserve the right to f audit vendor estimating procedures, and to terminate the'vendor agreement ifestimates 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 Ia. 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 _&. The term of this Agreement shall be November 1, 1990 through September 30, 1991. 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 nor County Department „ are available Focthas ' - -program, the• tate or County tepartmentssay$ammedsatek terminate-ft Agreement. • r, 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 figs all licenses, insurance, etc., -required by law for the provision of services -hereunder: " -"` - :,if the -Vendor Las provided 450 days IA sontinuousservice in accordance ' 1 " .,..with provision 7(b) of this Agreement, and sthalousehold anoves and is too giv� -- d'" longer nerved by the Vendor, the period's"Payment mill.be made to the r:1774. �*�dYendor, unless the Household owes no balance onithe Vendor's account. 7,:,1 EL'VENDOR CHAI COM4ISSIDAIERS ' f it 1{7 Signature S gnatura Gene R. Biantner Chairman dame atnd Title (Printed or Typed) -flame and Title lla P. 0. Box 758 , Company or Business!dame Address Greeley, CO 80632 CITY zipcode CITY - . ; zipcode DATE DATE A LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) — VENDOR AGREEMENT Agreement made this �% / day " ! of 199, by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and Keyser Coal 601 11th Street, Greeley, CO 80631 (Vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low—Income Home Energy Assistance of 1981 (P.L. 97-35) provides fdr 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 Departmentt' 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 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — . November 1, 1990 through April 30, 1990. 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. - 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; s.-. s_, 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) initiate services, 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. 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 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 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. 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 Household after May 31, 1991 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, 1991; { • 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21 . (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 a. The term of this Agreement shall be November 1. 199.D through September 30, 1991. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. 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 UNTY COMMISS NERS f' ....Y ••,_,-,-./4 _cam kL ,: .A, _ Signature ,� ' Sig ature .l 't�,.b -ca. .�� , 1(E?c Sc.) Gene R. Brantner Chairman Name and Title (Prihted or Typed) Name and Title ` rL f '� P.O. Box 758 Compiny or Business Name 1� Address T' .— (r J"=:k l y Co 'J �' �/ Greeley, CO 8O632 CITY zipcode CITY , zipcode —7 V- ,/ 0 . DATC DATE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEA4 VENDOR AGREEMENT `<` Agreement made this day of . �L, ! _ , 1974 by and between the Board of County Commissioners of Weld acting by and through the Weld (County)County Department of Social Services and Maddox 5591 E. 72nd Street, Commerce City, CO 80022 (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. • 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. • k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year — November 1, 1990 through April 30, 1990. 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. - 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; -• �, . • 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) initiate services, 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. 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 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 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. 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 Household after May 31, 1991 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, 1991; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1969 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 a. The term of this Agreement shall be November 1, 1990 through September 30, 1991. 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 3O days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 6O 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 CHAIRMA NTY COMMI' TONERS I . Signature 1 Signature Gene R. Brantner Chairman Name and Title (Printed or Typed) Name and Title Y.0. Box 758 r e < • Company or Business Name Address Greeley, CO 80632 CITY � CI ; / zipcode CITY I zipcode _ �. µ 'Vi / DATE DATE • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT rw(Jst o 11 .�/�� day of jP�ij�, 1990 by and between the Board Agreement made this rX`7 of County Commissioners of Weld acting by and through the Countv (Countilgounty 5 bth St par meat of Social Services and Public Service Company of Colorado, -550 (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 Departmentu-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 sourc4 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. (wen • 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 one secondary heating source, for the period of November 1, 1989 through April 30, 1990 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, 1989 through April 30, 1990. k. "Program Year" means from November 1, 1990 to April 30, 1991. 1. "Eligibility Period" There is one eligibility period for the program year - . November 1, 1990 through April 30, 1990. m. "Overpayment" means a household received benefits in excess dof determination amount due that household based on eligibility and payment 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. - II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: he 1. The Vendor process, the differencie the ible betweensthelactualtcost of the Home al billing p 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; C°!C 'v w, 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) initiate services, 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. 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 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 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. V`Cf Ey` 47 VV i 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. 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 Household after May 31, 1991 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; " f 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1991; t.'fer,Vr, A. • 19. All other requirements of Federal and State laws and regulations. shall be adhered to; 20. All customer households subject to utility shut—off or who are financially unable to purchase fuel shall be provided with address and telephone number information about the low Income Energy Assistance Program. _ 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with 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, 1989 through April 30, 1990 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. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1989 through April 30, 1990, 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. 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 • a. The term of this Agreement shall be through September 30, 1991. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. 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 pel^iod's payment will be made t6 the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMA , NTY COMMISSIONERS a-62 .42:4f• I/hiv Signature Sl: nature Earl E. McLaughlin, Vice President Gene R. Brantner, Chairman Name and Title (Printed or Typed) Name and Title P.O. Box 758 r�:g i, Public Service Company of Colorado '.� •e Company or Business Name Address U C' 550 15th Street, Denver, CO 80202 Greeley, CO 80632 CITY zipcode CITY /O / zipcode _ / /94) fin T!' Hello