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HomeMy WebLinkAbout931096.tiff RESOLUTION RE: APPROVE SEVENTEEN LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENTS WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with seventeen Low-Income Energy Assistance Program (LEAP) Vendor Agreements between the Weld County Department of Social Services and the following entities: 1. Agland, Inc. 2. American Pride Coop 3. Butane Power and Equipment 4. Empire Gas of Denver 1!307 5. Empire Gas of Greeley 6. Greeley Gas Company 7. Keyser Coal & Trucking, Inc. 8. Maddox Gas and Oil, Inc. 9. Mercer Enterprises, dba ECONO GAS 10. Public Service Company of Colorado 11. Rocky Mountain Natural Gas (K N Energy, Inc. ) 12. Sterling Oil and Gas Company 13. Suburban Propane 14. United Power, Inc. 15. Weld L-P Gas Company, Inc. 16. Wyco L-P Gas, Inc. 17. Wiggins Coop Inc. WHEREAS, said agreements are for the 1993-94 Program Year, with the further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said 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, ex-officio Board of Social Services, that the Low-Income Energy Assistance Program (LEAP) Vendor Agreements between the Weld County Department of Social Services and seventeen abovementioned entities be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. 931096 i : .. VENDOR AGREEMENTS - LEAP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D. , 1993. • fffa _/// BOARD OF COUNTY COMMISSIONERS ATTEST: - // / WEL COUNTY, COLORADO• / Weld County Clerkto the Board 4/isys..e Jam" iL-A, 1e Constance L. Harbert, H rbert, /l Chairman BY: �L�L' F /l /Z( cJ Ls A, Or Ldv, Deputy G/lerk to the Board W. He Webster, P Tem APPROVED TO FORM: 1, « . C �7�X orge . Baxte ou ty Attor ey Da e K. a 1 EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 931096 • 6 DEPARTMENT OF SOCIAL SERVICES 14611P.O. 8O6 2 GREELEY,COLORADO 80632 ' Administration and Public Assistance(303)352-1551 Support(303)352-6933 CChild Protective and Youth Servmps(303)356-1850 Food Stamps(303)356-3850 FAX(303)353-5215 COLORADO TO: Constance Harbert, Chairman Board of County Commissioners /�, FROM: Judy A. Griego, Director Illiill Department of Social Service SUBJECT: Low Income Energy Assistance rogi• m (LE P) Vendor Agreements DATE: October 18, 1993 Enclosed for Board approval are the following Low Income Energy Assistance Program (LEAP) vendor agreements for the 1993/94 program year. 1. Agland 10. Public Service Company of Colorado 2. American Pride Coop 11. Rocky Mtn. N. Gas (K & N Energy) 3. Butane Power and Equipment 12. Sterling Oil Company 4. Empire Gas of Denver #307 13. Suburban Propane 5. Empire Gas of Greeley 14. United Power 6. Greeley Gas 15. Weld L-P Gas 7. Keyser Coal 16. Wyco L-P Gas 8. Maddox 17. Wiggins Coop Inc. 9. Mercer Enterprise (ECONOGAS) Under the LEAP vendor agreement, a client's LEAP benefit is sent directly to the vendor. If you have any questions, please telephone me at extension 6200. jac Enclosure 931096 q.Cnn1q FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR 1. Ent r your vendo /business name: —G-LJUA3 JWC-. • 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: n Pc Alb 33g 4/7��n/ l L aM,ng rQ6/g J 3. Enter the name of thCo.L7q Tcila 2y)3,1uGN re 14ALTA(Cr O2 C.Srour bMArd.0 Nt97/,✓L- car-r.s , I usiness: /JOR: Awri 0Oe #atri ,flSrt N ���/�/�A '-�'',� "'jai- a SPA'rc ' j Exl- 283 ,M�Tt ! n� n 1��24L'D// /114✓M/S' To c' -r, CL-r 208 Yu l4. Enter the business telephone number for contact person: Area Code: 3()3 `/S`/- 3 29/ 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Tremont (22) Montrose (43) Adams (01) 44 Alamosa ' (02) Garfield (23) Morgan ( ) Gilpin (24) Otero (45) Arapahoe (03) Ouray (46) Archuleta (04) Grand (25) Park (47) Baca (OS) Gunnison (26) Bent (06) Hinsdale (27) Phillips (48) Huerfano (28) Pitkin (49) ri Boulder (07) Jackson (29) Prowers (50) M Chaffee (09)(09) Jefferson (30) Pueblo (51) Cheyenne Kiowa (31) Rio Blanco (52) C_ Clear Creek (10) Rio Grande (53) L1: a Conejos (11) Kit Carson (32) Routt (54) Costilla (12) Lake (33) Ro tt (55) fV Crowley (13) La Plata (34) gc C1,.6 Y (35) San Juan ( 56) C� (14) Larimer L Custer o. Las Animas (36) San Miguel (57) CCick (58) sed d �,: iii Denve, (15)Denver (16) Lincoln (37)8 S Summit (59) r'+ Douglas (17) Logan ( ) Teller (60) Douglas (18) Mesa (39) • Eagle (19) Mineral (40) Washington (61) Elbert (20) Moffat (41) Ol Weld (62) ' El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: x Fuel Oil (4) __ Wood (7) NaturalcGas (1) Kerosene (5) _ Other(8) Natural Gas (2) _)5'._ _ X Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . ,( rA SUN � /flusr P ///t-4c.r' oioat ono y-f2/a y a 2 j'In / , C� 7- 204 as orzemi STiPA/JG/-y2./f'(ceviMEN0 29 7/4✓2 Aev,,/cCt,rr/C"FOtiCuAR.,9a7aO ✓4,Went7AA7t /�t-14. -nt�7/5 , lOdCr'",•acal"Mun1✓MOR.OLr� SA7ueomv �u✓,yuES A"o SPI c/AL /JLsL/vc�l1✓��Uu$i 2 /N! rr vece JY 0ELivey-7-,000 c /5 lA/7N/ I//G/✓/T/� '9 5c) cm_tho✓ml,v,M4m Detz/✓ y w,..c eLf,9CCe9�zc�1 fl),m C litUT/ ,✓S 2LGg2O�✓4_ FIR,,/. l3NL4i,ety, Con/73vc-T "'Litz- 4AVAT dot a-7- )-F A�- 9 R 931096 ,--„-,,,,-.),,,,,J 7 R1i LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT day of '71 5t9 , 19 Q 3, by and between the Agreement made this 2- 1 WELD (county) , acting by Board of County Commissioners of and through the WELD County' Department of Social Services AELAND INC. and 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 for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry cut 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: T. 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 red by the utility Na utilit company and ormally, non bulk fuel includesregulatnatural gased and and electricity. company. e. "Bulk Fuel" is an energy source for home heating which may be purchased in _quantity from a l the household to as needed. Normally, bulk supplier bulkfuel includes wood, propane, kerosene, coal used coaland 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- 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 been County Department that a Household has been notified by the approved fortheBasicProgram 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 shutoff 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 u fails payment plan with the vendor; or modified or installment budget billing b) the Household fails to make the required p aymentsannd 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 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 of the Household, r is notified of eligibility whicheveroccurs first, determination 931096 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. alances to the igible 15. vendor May shall31,, 1994 upon credit Elig ble Household' s l HouseThe - hold 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, 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household' s monthly payment ymemad onbehalf t dersch budgf et billing plan shall include any payments 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. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions N0VL`BE a. _The term of this Agreement shall be P. 1, 1993 through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS Sign ure Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN (. .f4-C—(4a�FGn7 l lne yr //, oSC-_e WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title P.O. BOX 758 NYC J 3C/ nyy or usiness Name Address - Cii ) $6/ GREELEY, CO 80632 City l Zip Code City Zip Code 10/25/93 �t�1 �'7 j Date Date 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR I 1. Enter your vendor/business name: awn A.v. C�.l vl ROW Q O.r n e _ 2. Enter your business mailing address (include zip code) . All LEAP in b .mation will be mailed to this address: ,} r, "WI 13 , ; ? -I1t n ) Co . ?fe 6O / .. - 3. Enter the name of the LEAP contact person for your business: 13,1 c____ a e-)/ 4. Enter the business telephone number for your contact person: 3 Area Code: 30,3 1951- 1230 5. Place a check in front of the Colorado ccunty(ies) which your business serves either fully or partially: )( Adams (01) Fremont (22) Montrose (43) Alamosa - (02) Garfield (23) Morgan (44) Arapahoe (03) \ Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) dent (06) Hinsdale (27) Phillips (48) x Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) ?rowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Castilla (12) Lake (33) Rout= (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedcwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) X Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: _ Electricity (1) Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) ____ Other(8) __X_ Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . /7 7 U)'". Wu. j t �,„ A -0 c - na1 inn LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT of 0)1. ) , 19 q3, by and between the Agreement made this , 441 �� da Y Board of County Commissioners of UFT.T1 (county) , acting by and through the VELD County Department of Social Services and AMERICAN PRIDE COOP 5; m Fun*1T WV TM BRICHTON,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. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the he household s toe b coal and to e used as needed. Normally, bulk fuel includes wood, p phou 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 t wod s ke rosene,Secondary oil drheating other sources cesemay include natural gas, propane, o 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 931996 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. • 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; • 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers). If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department, reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the ' name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVE'.TER 1, 1993 a. _The term of this Agreement shall be through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS ne," Signature Signature 10/27/93 r, / CONSTANCE L. HARBERT, CHAIRMAN u I i rkty Qrrc 4/es Jiff ' WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Ptinted or Typed) Name and Title P.O. BOX 75.8 Company or. Business Name Address erican Pride Co-op 55 W. Bromley Ln. Brighton,CO 80601 GREELEY, CO 80632 City Zip Code City Zip Code c24 /3 . /993 10/25/93 Date�f Date 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR 1. Enter your vendor/business name: `e, Butane Power Si Erplipminnt %.� 2. Enter your business mailing address (include zip code) . All LEAP informtion'_ . will be mailed to this address: ,? P. O. Box 1447 >? Ft. Morgan, CO 80701 Y 3. Enter the name of the LEAP contact person for your business: Tonya Anderson 4. Enter the business telephone number for your contact person: Area Code: 303 867-5686 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: X Fremont ( ) Adams (01) 22 Montrose (43) Alamosa (02) Garfield (23) _y Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) 08 Jackson (29) Prowers (50) Chaffee ( ) pueblo (51) Cheyenne (09) Jefferson (30) ' Clear Creek (10) Kiowa (31) Rio Blanco (52) (11) Kit Carson (32) Rio Grande (53) Costill e (33) Routt (54) Crowleya (12) LakP?ata (34) Saguache (55) Crowley (13) 35 San Juan (56) Custer (14) Larimer (35) Delta, (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) X Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) X Washington (61) Moffat (41) X Weld (62) _ Elbert (20) E1 Paso (21) Montezuma (42) X Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Fuel Oil (4) Wood (7) _ Electricity (1) Other(8) Natural Gas (2) ____ Kerosene (5) X Propane Gas (3) ____ Coal (6) 7. Plase desrib any special aseminimumcdelivery amounts,conditions special charges, etc.to your If this does not apply to your business, write in "N/A" . 1 na ray on Mi aimurL B®llv^ry 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 70th day of cnptPrr , 19Q , by and between the WELDBoard of County Commissioners of (county) , acting by and through the WELD County Department of Social Services and BUTANE POWER & EnTTP P.O.BOX 1447 FT. MORGAN, CO 30701 (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 9310% • 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. • 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 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. holdvafter Mayll refund any credit balances to the 31, 1994 upon the Eligible Eligible ouse- The endor Household's s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no Later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household' s monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ fund 22 procedures shall as may establish fiscal necessary to assureolthed proper accounting The Vendor 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 pad dollar payments made for value of crHome e Energy by such Eligible Households, the 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. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the ' name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVETER 1, 1993 a. _The term of this Agreement shall be through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • 931096 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, COUNTY COMMISSIONERS ign Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN Jnffrny 5 O'BYlpr Tog Manaaer WELD COUNTY BOARD OF COMMTSSTONERS Name and Title (Printed or Typed) Name and Title Butane Power & Equipment F.O. BOX 758 Company or Business Name Address - Ft. Morgan, CO 80701 GREELEY, CO 80632 City Zip Code City Zip Code 10/25/93 Sept. 20. 1994 Date Date 931096 FOR COUNTY USE ONLi -^, 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENbO .J_ 1. Enter your vendor/business name: t Empire5cs the o DemueI 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: 7�� n S� r� C rfurGCxrC �Jrl1 CO rn al Pre-C C c C0C gooa 2 3. Enter the name of the ± / AP contact person for your business: isLC3 Ro49c c 4. Enter the business telephone number for your contact person: Area Code: 303 a 95-7‘,.5-5 - 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: 2< Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) J( Jefferson (30) - , Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) KDenver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) )X Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) ____ 0ther(8) )( Propane Gas (3) ____ Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . / Thiniurr.- Ort i eic.. )on �,4(/o,i} oi/ ?cci(-a9,✓ coal e- C 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAF . VENDOR AGREEMENT Agreement made this _ day of / 7!;4 4.Qri , 1993 3 , by and between the Board of County Commissioners of WELD (county) , acting by WELD and through the County Department of Social Services EMPIRE GAS OF DENVER # 307 and 5475 N COLO BLVD. 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 ehou kerosene,household e oldb coal and to e used as needed. Normally, bulk fuel includes wood, propane; 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 oil ndarheating her sources cbulk esemay include natural gas, propane, wood, kerosene, fuel 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 93in9g 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,1992 adne secondary heating source, for the period of November 1, through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. " means there is one for he am 1. "Eligibility November 1d, eligibility 1993 th ough April 30, 1994 or u period until funds t run out. gT nt m "Ovepehousehold based household benefits excess eligibility due that 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; 931ng 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 shutoff 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 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. 931096 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. igible 15. vendor May shall31,, 1994 upon the Elig ble Hou ehold Household'sHouse- The hold 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 9310% 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions H0VE?BER 1, 1993 through a. _The term of this Agreement shall be _ September 30, 1994. - - b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS , .vim Si ature �z5 ��. /Signature 10/27/93 .• , f CONSTANCE L. HARBERT, CHAIRMAN r`� I ricAcietC 9-� is e /,t74 e r� WELD COUNTY BOARD OF COMMISST' T'" Name mid Tit'Ye ( rinted or Typed) Name and Title p ZiLoc[ j.� P.O. BOX 758 Compahny or-Business Name Address - 7 GREELEY, CO 80632 r�9mk'r1E'�C �C " C,C7 c��n�- Cit Zip Code City Zip Code Y /0710/25/93 3"/ 73 Date Date 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR 1. Enter your vendor/business name: i)i /7,'iw it-N. • / / � 2. Enter your business mailing address (include zip code) . All LEAP in€wormation will be mailed to this address: un ?J \J tl 0-I rn r, r g/ 7 cD / 55 7 r a .e. /1777 (--o- �" ✓ (�J 2.. W 3. E er the nafie of the LEAP contact person for your business: _ ,� 1 ;C"3 4. Enter the business telephone number for your contact person: Area Code:2 ")S1- if-".,7 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa - (02) Garfield (23) Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) .�' Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: _ Electricity (1) Fuel Oil (4) Wood (7) ____ Natural Gas (2) Kerosene (5) Other(8) Propane Gas (3) __ Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . /Y//{n/ 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) Z- VENDOR AGREEMENT � Agreement made this ,- day of VUU , 191a, by and between the Board of County Commissioners of WELD (county) , acting by and through the WELD County Department of Social Services EMPIRE GAS OF GREELEY and 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. D . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff 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 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. 9310% 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 93109c 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions .HOVE TEP, 1, 1993 a. _The term of this Agreement shall be through September 30, 1994. _ b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • • 931 noc 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, COUNTY COMMISSIONERS / 7 .tl-J G Signet re Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN /y / Ay/or -)4dAxiAc}ar WELD COUNTY BOARD OF COMMISSIONERS Mane and little (Pfinted or Typed) Name and Title A . P.O. BOX 758 r u �c Comp ny or Busness Name Address - EMI Uksy GREELEY, CO 80632 i y Zip Code City Zip Code ee1'/y 10/25/93 D I Date • Q'21 nag. FOR COUNTY USE ONLY VENDOR 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY Oi I fo //bL2 1. Enter your vendor/business name: Greeley Gas Company 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: P.O. Box 1200 Greeley, Colorado 80632-1200 3. Enter the name of the LEAP contact person for your business: Gary Pound • 4, Enter the business telephone number for your contact person: Area Code: 303 352-7171 B. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa • (02) Garfield (23) Morgan (44) Otero (45) Arapahoe (03) Gilpin (24) Ouray (46) Archuleta (04) Grand (25) Pork (47) Baca (05) Gunnison (26) Bent (06) Hinsdale (27) Phillips (48) Pitkin (49) Boulder (07) Huerfano (28) Prowers (50) Chaffee (08) Jackson ( ) Jefferson (30) Pueblo (51) Cheyenne (09) Kiowa (31) Rio Blanco (52) Clear Creek (10) Kit Carson (32) Rio Grande (53) Casteya jls (11) Lake (33) Routt (54) Cow ' (13) La Plata (34) Saguache (55) Crowley (13) Larimer (35) San Juan (56) Custer (14) Las Animas (36) San Miguel (57) Delta (15)6 Lincoln (37) Sedgwick (58) Denver (1 ) 3g Summit (59) Dolores (17) Logan (38) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) XX Weld (62) El Paso - (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Fuel Oil (4) ____ Wood (7) Electricity (1) -- Kerosene (5) ____ Other(8) XX Natural Gas (2) Coal (6) ____ Propane Gas (3) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . N/A 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT 1 Agreement made this 28th. day of September , 19 93 , by and between thsr p„ ;;/,, Cp Board of County Commissioners of win (county) , acting by -0 WELD and through the County Department of Social Services GREELEY GAS CO. and P.O.BOX 1200 GREELEY.CO 80639' (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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 421 noc 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as _ payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data -are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III . County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions 90VE:B EP. 1, a. The term of this Agreement shall be 1993 through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department are available for this program, the State or County Department may immediately terminate this Agreement. 9310% 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, COUNTY COMMISSIONERS / Strat—OldfitLet" Signature Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN R.B. Hillman Vice-President WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title P.O. BOX 758 Greeley Gas Company Company or Business Name Address Greeley, CO 80631 GREELEY, CO 80632 City Zip Code City Zip Code 9-28-93 10/25/93 Date Date 9319% ADDENDUM TO LOW-INCOME ENERGY ASSISTANCE PROGRAM ( LEAP ) VENDOR AGREEMENT The following addendum is made to the Agreement between the Board of County Commissioners of Weld (county) and the Greeley Gas Company 1200 11th. Avenue Greely, Co. (address) , dated the 28th. day of September , 1993: Paragraph 24 of said Agreement is deleted in its entirety and is replaced by the following new paragraph 24: 24. The vendor will make LEAP applications available to their customers, and will refer customers to the place where they can receive assistance in completing the LEAP application. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS 076, /i-V2, J9 edit, Signature Signature 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR I 1. Enter your vendor/business name: 2. Enter your business mailing address (include zip code) . All LEAP informs:45.c ,•/:will be mailed to this address: c'' \:0 3. Enter the name of the LEAP contact person for your business: 4. Enter the business telephone number for your contact person: Area Code: 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phi " 'rs (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Castilla (12) _ Lake (33) Rout= (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) Elbert (20) Moffat (41) Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1} Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) 0ther(8) Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT irath Agreement made this (a ) — day of (—)C, U L , 19 (33 3 , by and between the WELD (county) , acting by Board of County Commissioners of and through the WELD County Department of Social Services KEYSER COAL and 601 11 th. ST. 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. 1. "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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931098 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931098 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOPL`BE a. _The term of this Agreement shall be P. 1, 1993 through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. .93109G 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, COUNTY COMMISSIONERS C4/-7 t Signature / Signature 10/27/93 ' / Constance L. Harbert, Chairman ,)flagon ('CfSer V- Per -rce Weld County Board of Commissioners Name and Title (Printed or Typed) Name and Title I (I r P.O. BOX 758 1��Icr l nr, / Yuc,k1N��7c Company or Business /NJamerr Address - 6rCe.l E 6 ou / GREELEY, CO 80632 City Zip Code City Zip Code 9 -a ,. 9j' 10/25/93 Date Date 931096 FOR COUNTY USE O 1993-94 APPROVED VENDOR DATA INFORMATION COUNTYVEN 5k /p„, co `:4 1. Enter your vendor/business name: . 7a a.cht 6 oa , .Oi/ __,z-,,,p, ci ,i 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: P yP ea ),9..bizl✓Cc 77 (a,C feDDz.2g-- 3. Enter the name of the LEAP,contact person for your business: <51,S dit7 �..,0 )iii. — 4. Enter the business telephone number for your contact person: Area Code: gall ll ilg:)?- In er? 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: 'Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) Morgan (44) —12' Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) /Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) 4/-Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) - Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) /j Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) /Washington (61) _ L./. Elbert (20) Moffat (41) ✓ Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) 4 ____ Fuel Oil (4) Wood (7) ____ Natural Gas (2) _� Kerosene (5) Other(8) Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . T toter et let YPr7` // 6 e or Ad 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) ,T�l! VENDOR AGREEMENT ^� Agreement made this ,J 'day of e , 19 (6/ by and between the WELD Board of County Commissioners of (county) , acting by and through the WELD County Department of Social Services and MADDOX 5591 E 72 ST. COMMERCE CITY,CO SOO uvendor 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 Count? Department that payment will be made to the Vendor on behalf cf the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. _ c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored .by the household to be used as needed. Normally, bulk fuel includes wood, propane,: kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel' used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection oni n4a 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, 1992 through April 30,1993 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 9310% 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVE?fER 1, 1993 through a. _The term of this Agreement shall be _ - September 30, 1994. - b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS 41 972 'ecir a-11_6(41- Signature Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN X _ ff 5.,/ey7 WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title /�, /� T P.O. BOX 758 Company or Business Name Address GREELEY, -CO 80632 ��ioigeo)'L'P A 77 g.00 e * City Zip Code City Zip Code � /157.9 10/25/93 Da 7 �"� Date Dt 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR I 1. Enter your vendor/business name: S la irc Pe/S MA &Cas40 64c a. -O 2. Enter your business mailing address (include zip code) . All LEAP info mat7on will be mailed to this address: Ro- fig 934 t:a r. CD inI- 3. Enter the name name of 'the LEAP contact person for your business: /114tY Eller Ma m' cc Jait r it at no,J 4. Enter the business telephone number for your/ contact person: Area Code: 3303 fe�97--iC/3/ 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Y Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) _? Morgan (44) --17' Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Castilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan ( 56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) V Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) /Washington (61) _ Elbert (20) Moffat (41) r weld (62) El Paso (21) Montezuma (42) - Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) Fuel Oil (4) !' Wood (7) Natural Gas (2) Kerosene (5) Other(8) !propane Gas (3) ____ Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A" . P&palrz ; �ta0 �l. /h/ l/l gat A ' tedthriiof Dlt r) (raj- aj- Y'L`( O /J 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) 4-h T� VENDOR AGREEMENT /} Agreement made this 9,3 -,,day of , 19 Q3, by and between the Board of County Commissioners of r,*ELD (county) , acting by and through the WELD County Department of Social Services and ECONO GAS ( Mercer Enterprise DBA) P.O.BOX 934 FT. MORGAN ,C0 80301(vendorname 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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 notifiedby e county Department that a Household has b cn 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers). If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30', 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skins in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions HOVE TER 1, 1993 a. The term of this Agreement shall be through September 30, 1994. _ b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. (Eli ann 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, COUNTY COMMISSIONERS ig at.4.-F(.C-G2‘, signat44C5rJGP��;'��G 10 /29 Si at re ? Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN /VAev ran) M26zcE1 (7u1' iCC. WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed 6r Typed) Name and Title /fietcec 6. i'rezc,Ficcs M56Ceat&45 P.O. BOX 758 Company or Business Name Address - � rn GREELEY, CO 80632 City Zip Code City Zip Code Cid1 3 10/25/93 Dat Date 931096 /.*)) ( ' LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) • VENDOR AGREEMENT n c: r, Agreement made this 1st day of November , 19 93 , by and between the U Board of County Commissioners of Weld (county) , acting by and through the Weld County Department of Social Services and Public Service Company of Colorado 990 Bannock St Denver, CO 80204 (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. 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994, or until funds run out. m. -"Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 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, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by 931096 the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993, the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November 1, 1993 through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. nfl nna' 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, COUNTY COMMISSIONERS Signature Signature 10/27/93 • Earl E. McLaughlin CONSTANCE L. HARBERT, CHAIRMAN Vice President, Marketing, Customer Service WELD COUNTY BOARD OF COMMISSIONERS and Support Services Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. BOX 758 Company or Business Name Address GREELEY, CO 80632 Denver 80202-5533 City Zip Code City Zip Code September 27, 1993 10/25/93 Date Date 9310% FOR COUNTY USE ONLY /'^ 44:' 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR /90 / o- ---.--1. ---- Enter your vendor/business name: - `-_ -- - Rocky Mountain Natural Gas 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: 370 Van Gordon Street Lakewood, CO 80228-8304 . • 3. Enter the name of the LEAP contact person for your business: Larry Kemper • 4. Enter the business telephone number for your contact person: Area Code: 303 763-3662 • 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams. (01) Fremont (22) Montrose (43) Alamosa - (02) Garfield (23) Morgan_ (44) - Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51} , Clear Creek (10) Kiowa (31) Rio Blanco (52)Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (3G' San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores - (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) . Mineral (40) Washington (61) Elbert (20) Moffat (41) X Weld (62) El Paso ' (21) - Montezuma (42) Yuma - (63) 6. Place E. check in front of the tyre(s) of fuel provided by your business: —7-- Electricity (1) ____ Fuel Oil (4j .:Wood (7) Natural Gaa )(2 Kerosene (5) 'Other(8) Propane Gas (3) Coal (6) -6 r7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". - " - . N/A ` • .,..i' • • 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this lYd day of September, 1993, by and between the Board of County Commissioners of Weld County, acting by and through the County Department of Social Services and K N Energy, Inc. , a Kansas corporation, hereinafter referred to as "Vendor" . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97- 35) provides for the 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: 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 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. • 931096 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) . 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. 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, 1992 through April 30, 1993 for the Household' s current primary residence. Vendors serving applicant Households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993 . k. "Program Year" means from November 1, 1993 to April 30, 1994. 1 . "Eligibility Period" there is a one eligibility period for the program year - November 1, 1993 through April 30, 1994. 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 contact, 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; 2 • 931096 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 amounts 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 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 of 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 good faith effort to establish cr 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 (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 payment under an installment or modified budget billing plan or any other payment plan, negotiated with the Vendor. 3 93109G 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 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 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 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 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 Vendor shall refund any credit balances to the Eligible Household after May 31, 1994 upon the Eligible Household' s request; 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within thirty (30) working days; 4 931096 17 . All payment returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 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; 20 . All customers 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 thi= Agreement shall be available on reasonable notice, for inspection, audit or other examination and coping, by State and County Department representatives or their delegates . Such records shall show the amount of H-- Energy delivered to each Eligible Household, the amount of payments made for Home energy by such Eligible Household, 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. 5 931096 23 . The Vendor will provide County Departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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 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, 1992 through April 3C 1993 , the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year ' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services . The State and County Departments reserve the right to audit Vendor estimating procedures, and td terminate the Vendor Agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers. The county LEAP office will supply the vendor with applications and brochures. 25. Non-compliance by the Vendor with any of the above assurances of this Agreement or applicable law or regulations shall be grounds for immediate termination of this Agreement . Such termination shall include termination of payments on behalf of Eligible Households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this Agreement. III. County Responsibilities : a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor cf 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, 1993 through September 30, 1994. 6 • 931096 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 thirty (30) days prior written notice to tile ocher 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 sixty (60) days of continuous service in accordance with provisions 7 (b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account . FUEL VENDOR CHAIRMAN, COUNTY COMM SSIONERS Sig tur �A ' Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN Larry Kemper Dir-Billing Contrl WELD COUNTY BOARD OF COMMISSIONERS Name and Title (print or type) Name and Title (print or type) K N Energy, Inc . P.O. BOX 758 Company or Business Name Address Lakewood, CO. 80228-8304 GREELEY, CO 80632 City State Zip City State Zip 10/25/93 Date: Date: 7 931096 FOR COUNTY USE ONLY 'I) 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDORAfin 1. Enter your vendor/business name: / A SreRLINL M Cc,r- i 645 ? f, 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: C k ` `' C1 Sax qY1 , Srf2tiAllr ° 3. Enter the name of the LEAP contact person for your business: AARf ki "goWAA bs — CO ARLcc P , ve„/xi. 4. Enter the business telephone number for your contact person: Area Code: SW 303 $i-3"- .-iCicfto 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) / Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) —X. Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) A Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) _21/4. Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) Other(8) ')( Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this ..O day of .7i , 19_25, by and between the Board of County Commissioners of _ WELD (county) , acting by and through the WELD County Department of Social Services and STERLING OIL CO. P.O.BOX 989 STERLING,CO 80751 (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 931096 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, 1992 through April 30, 1993 for the household' s current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician' s authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers) If the vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. , The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVEMBER 1, 1993 through a. _The term of this Agreement shall be _ September 30, 1994. - b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS 4L&+.Cep'' ��.,.+,+� L. Y-C > L2 t Signature Signature 10/27/93 � • CONSTANCE L. HARBERT, CHAIRMAN Sikh R�Ec I"7 ��o vuk v r WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title /� v 6 S[tALIA) �ic 1 P.O. BOX 758 Company or Business Name Address - .73OK Crf9 Sits- A Li 6 c--v7 47 GREELEY, CO 80632 City Zip Code City Zip Code 13 10/25/93 Date Date 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR 1. Enter your vendor/business name: SUBURBAN PROPANE 2. Enter your business mailing address (include zip code) . All LEAP infmgmation will be mailed to this address: -°f rn 71 P.O. Box 96 (-; rn Wiggins, CO 80654-0096 ' 3. Enter the name of the LEAP contact person for your business: _0 1 Barbara J 1 r 4. Enter the business telephone number for your contact person: _72.1 Area Code: 303 483-7337 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) X Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) ' Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Lincoln (37) Sedgwick (58) Denver (16) Summit (59) Dolores (17) Logan (38) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) WashWashington (61) Elbert (20) Moffat (41) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) Other(8) X Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". t SPECIAL CHARGE: $30.00 aeliverea of eregular aay s customer orlafterbe rqgular wQ rking hours of Monday thru Friday o.am to 7:pm SPECIAL CHARGE: $30.00 If any customer is out of propane and a safety pressure check MUST be done to test for leaks before lighting the propane appliances, for SAFETS and Insurance requirement of SUBURBAN PROPANE Wiggins, CO 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT �/�� (� Hi Agreement made this �� /day of t 511 LV)) , 19 Cr3, by and between the Board of County Commissioners of WELD (county) , acting by and through the twin County Department of Social Services and SUBURBAN PROPANE P.O.BOX 96 WIGGINS, CO 80654, (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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers). If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 331096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. , The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions ;NOVEMBER 1, 1993 a. The term of this Agreement shall be through September 30, 1994. _ b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS Signature Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN Richard Gettman—District Manager WELD COUNTY BOARD OF COMMTSSTONERS Name and Title (Printed or Typed) Name and Title P.O. BOX 758 Suburban Propane Company or Business Name Address - Wiggins 80654 GREELEY, CO 80632 City Zip Code City Zip Code September 271 1993 10/25/93 Date Date • 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR ef 21 / / S 1. Enter your vendor/business name: United Power, Inc. 2. Enter your business mailing address (include zip code) . All LEAP information will be mailed to this address: P. O. Box 929 Brighton, Colorado 80601 3. Enter the name of the LEAP contact person for your business: L. Tammy Brnak. Customer Service Supervisor 4. Enter the business telephone number for your contact person: Area Code: 303 659-0551 5. . Place a check in front of the Colorado county(ies) which your business serves either fully or partially: X Adams (Cl) Fremont (22) Montrose (43) Alamosa ' (02) Garfield (23) Morgan (44) Arapahoe (03) --7— Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) X Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) -X Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) Elbert (20) Moffat (41) X Weld (62) El Paso ' (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: . , .,, X Electricity (1) Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) ____ Other(8) Propane Gas (3) Coal (6) • 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". N/A 931096 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this (�`, day of l J(belt , 19 "/J, by and between the Board of County Commissioners of WELD (county) , acting by and through the WELD County Department of Social Services and UNITED POWER P.O.BOX 929 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.1. 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 amply 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 elect r ray. 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 woad, 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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 Household has been notified by approved fortheBasic 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 shutoff 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 installmeendor; nt or modified budget billing payment plan with the 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. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 331096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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 anEligible 1993 the County Department nt shall make any payments Household for er 1, 1992 through April 30, to the Eligible Household (not the Vendor) , unless the vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall l advise the d writing f the name, address, account number, if any, and amount of payment for each Eligible Household. b. Countytify all in theirr the amount behalf to the Vendor.lds of s to the Vendor c. The gusuppliedYrinent shall make timely accordance with the terms of t this Agreement. for Home Energy d The n a shall promptly r of all pertinent changes in this programcau caused by c notify o changes in applicable law or regulations. IV. General Provisions NOVEMBER 1, 1993 a. _The term of this Agreement shall be through September 30, 1994. - b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS / ''.7,'"ir_01-7e-rce---,daelheir Signature Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN Edward J. Meier, WELD COUNTY BOARD OF COMMISSIONERS IN/ ClefiP C2rd o Name and Title Nam andd T Title ((Printeed or Typed) United Power, Inc. P.O. BOX 758 Company or Business Name Address Brighton, Colorado 80601 GREELEY, CO 80632 Cit Zip Code City Zip Code Y September 28, 1993 10/25/93 Date Date 931096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR &i. . 2 8 3 1. Enter your vendor/business name: 1,1&p �.. -L4s Ob . , T . 2. Enter your business mailing address (include zip code) . All LEAP information be mailed to this address: 0 . aX $ a f''�A rracln-ir C0 cgO&SI-C36. C w name 3. Enter theme of the LEAP contact person for your business: N 70 73> Na C) 4. Enter the business telephone number for your contact person: w tit Area Code:""J / S -2S/! 1_�1 Co r a 5. Place a check in front of the Colorado county(ies) which your business_serves either fully or partially: .c X Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Sent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) - Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Castilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer 414) x Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) Elbert (20) Moffat (41) X weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: _ Electricity (1) Fuel Oil (4) Wood (7) Natural Gas (2) Kerosene (5) Other(8) )C Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". MT, .['Ne 2Ec.t-vs k'f� of G7/+c;� tCsl �Li�la ' ices 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT ��, Agreement made this 25 day of �l/io' be/t , 19613 , by and between the Board of County Commissioners of WELD (county) , acting by and through the WELD County Department of Social Services and WELD L-P GAS P.O.BOX 365 PLATTEVILLE CO R06s1(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 931098 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; 931096 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 shutoff 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 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. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household's request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no Later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. . 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVETBER 1, a. _The term of this Agreement shall be 1993 through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS Signature Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMAN L 7 R/ Z' t-Sr5u/✓f2 %` 1—at s WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title -Wl',cD P (•1AS P.O. BOX 758 Company J or Business Name p,, Address - hgT &' LC-Cl Co aL'�CS/-67..5 5 GREELEY, CO 80632 City Zip Code City Zip Code Ci -a/ - 93 10/25/93 Date Date S31096 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDS l\) S 3 &Si , 1. Enter your vendor/business name: cad 2. Enter your business mailing address (include zip code) . All LEAP inforfaation will be mailed to this address: —P.O.�-)X I ;B C7 2ne � 1occ�5 Q, LAA 11r).n -n1rAc? 3. Etter the n of the LEAP ontact person for your business: 4. Enter the business telephone number for your contact person: Area Code:30-1 (R4c ct a3 , 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) Morgan (44) Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49 ) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) La Plata (34) Saguache (55) Crowley (13) San Juan (56) Custer (14) Lorimer (35) Delta (15) Las Animas (36) San Miguel (57) Lincoln (37) Sedgwick (58) Denver (16) 38 Summit (59) Dolores (17) Logan (39) Teller (60) Douglas (18) Mesa ( ) Eagle (19) Mineral (40) Washington (61) 2 _ Elbert (20) Moffat (41) X Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) _ Fuel Oil (4) OWther(8) (7) Natural Gas (2) Kerosene (5) ( ) _ Propane Gas (3) __ Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business,l write in "N/A" . anocc 1 on:n, na vN - tAflVPsi` , lA.J9 '« - ir\ -1k2 G(e CA_. 9'109 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR�AGREEMENT /�!2 Agreement made this C.ii5 day of l lc _iT!`9LleJZ , 19 "I:J, by and between the Board of County Commissioners of LIFT 7-1 (county) , acting by WELD and through the County Department of Social Services and WYCO L-P GAS P.O.BOX 178 PINE BLUFF.WY 82082 (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 cuantity 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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. s there is one ty for the 1 year"Eligibility November11, 1993 n through April 30, 1994 1 or until funds program funds run out. -T s that"Overpayment" based household on benefits excess el 4 biT ty andpayment determ nation amount duein 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; 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers). If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931098 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household' s name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. _ 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 931096 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year' s service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions NOVEMBER 1, 1993 through a. _The term of this Agreement shall be _ September 30, 1994. - b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. 931096 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, COUNTY COMMISSIONERS l 4`l1/4_A ,1/l ) .?o. +kA ,tea (=8'rl. cGG� f .t Signature) Signature 10/27/93 CONSTANCE L. HARBERT, CHAIRMM fiery ‘ �aVr-cnNe t �xr�klCeefer WELD COUNTY BOARD OF COMMISS] Name and Title (Printed or Typed) Name and Title (� P.O. BOX 758 Comp L Css Name �C Address - Com Company or Business Name �/'] p GREELEY, CO 80632 Ci L,�- : Zi Oil Zip Code Cityy Zipp Code City 10/25/93 Date Date 931036 FOR COUNTY USE ONLY 1993-94 APPROVED VENDOR DATA INFORMATION COUNTY VENDOR 6 2 (OJ J 1. Enter `your vendor/business name: '-b & /1 ‘ c//J$ cox? -IA'� vn, n 2. Enter your business mailing address (include zip code) . All LEAP inf tatC8n will be mailed to this address: -� t/ 7 /,/)6-6/iti 5 , (P O 4-40 Fgac_cs," -O O1 3. Enter the name of the LEAP contact person for your business: o-. 4. Enter the business telephone number for your contact person: Area Code:L5eO Ve.3 7,8.76"' 5. Place a check in front of the Colorado county(ies) which your business serves either fully or partially: Adams (01) Fremont (22) Montrose (43) Alamosa (02) Garfield (23) / Morgan (44) / Arapahoe (03) Gilpin (24) Otero (45) Archuleta (04) Grand (25) Ouray (46) Baca (05) Gunnison (26) Park (47) Bent (06) Hinsdale (27) Phillips (48) Boulder (07) Huerfano (28) Pitkin (49) Chaffee (08) Jackson (29) Prowers (50) Cheyenne (09) Jefferson (30) Pueblo (51) Clear Creek (10) Kiowa (31) Rio Blanco (52) Conejos (11) Kit Carson (32) Rio Grande (53) Costilla (12) Lake (33) Routt (54) Crowley (13) La Plata (34) Saguache (55) Custer (14) Larimer (35) San Juan (56) Delta (15) Las Animas (36) San Miguel (57) Denver (16) Lincoln (37) Sedgwick (58) Dolores (17) Logan (38) Summit (59) Douglas (18) Mesa (39) Teller (60) Eagle (19) Mineral (40) Washington (61) _ Elbert (20) Moffat (41) — Weld (62) El Paso (21) Montezuma (42) Yuma (63) 6. Place a check in front of the type(s) of fuel provided by your business: Electricity (1) ----- Fuel Oil (4) Wood (7) Natural Gas (2) _— Kerosene (5) Other(8) / Propane Gas (3) Coal (6) 7. Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, special charges, etc. If this does not apply to your business, write in "N/A". 931096 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this tot, day of , 199,11 , by and between the Board of County Commissioners of �D (county) , acting by and through the WELD County Department of Social Services and WIGGINS COOP INC. P.O.BOX 1 WIGGINS, CO 80654 (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 931096 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, 1992 through April 30, 1993 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costs for the period of November 1, 1992 through April 30, 1993. k. "Program Year" means from November 1, 1993 through April 30, 1994 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1993 through April 30, 1994 or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. 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; - 931096 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 shutoff situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the vendor; or b) the Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan, negotiated with the vendor. 9. The Vendor will not terminate utility services of a household approved for the Basic Program payment throughout the time the household remains eligible if the household presents to the vendor a medical certificate signed by a licensed physician or health practitioner acting under a physician's authority stating that termination of service would be especially dangerous to the health and safety of any approved household member. 10. In the event the Vendor discontinues service after expiration of the 60 day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 11. (Not applicable to bulk fuel suppliers). If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first. 931096 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1994 upon the Eligible Household' s request. 16. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 17. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 18. All funds due to the County Department shall be returned to the County Department no later than August 15, 1994; 19. All other requirements of Federal and State laws and regulations shall be adhered to; 20. All customer households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program. 21. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Programs as well as payments to be made directly by the Household. 22. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received in behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 93109€i 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1992 through April 30, 1993 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, 1992 through April 30, 1993 the County Department shall make any payments to the Eligible Household (not the Vendor) , unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons, as established by the Colorado State Department of Social Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. , The County Department shall promptly advise the Vendor in, writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions N0VEnTER 1, 1993 a. _The term of this Agreement shall be through September 30, 1994. b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • 901.09tip 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, COUNTY COMMISSIONERS • Signature Signature 10/27/93 /71 ,4�� //l/Ac-S0711 /A vQ A / CONSTANCE Y. HARBERT, CHAIRMAN /v WELD COUNTY BOARD OF COMMISSIONERS Nameand Title (Printed orTyped) Name and Title �, 1% 6/ti✓ �/� -F // & P.O. BOX 758 Company or Business Name Q /' Address - //(1.6/ eO e_. //Q0" GREELEY, CO 80632 City Zip Code City Zip Code 9 O7D - 10/25/93 Date Date 931096 Hello