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Home My WebLink About921078.tiff RESOLUTION RE: APPROVE VENDOR AGREEMENTS CONCERNING LOW-INCOME ENERGY ASSISTANCE VENDOR PROGRAM FOR 1992-93 PROJECT YEAR 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, Title XXVI of the Low-Income Home Energy Assistance Act of 1981, (P.L. 97-35) provides for Home Energy Assistance to eligible households, and WHEREAS, the Department of Social Services has presented to the Board, for its approval, various Low-Income Energy Assistance Program (LEAP) Vendor Agreements, for the 1992-93 Project Year, with the following vendors: Agland, Inc. American Pride Co-op Butane Power and Equipment Empiregas, Inc. , of Denver Ii307 Empiregas of Greeley Greeley Gas Keyser Coal and Trucking, Inc. Maddox Gas and Oil, Inc. Mercer Enterprises, dba Econogas Public Service Company of Colorado K N Energy, Inc. Sterling Oil and Gas Company Suburban Propane United Power, Inc. Weld L.P. Gas Company, Inc. Wyco L.P. Gas, Inc. WHEREAS, after review, the Board deems it advisable to approve said agreements with the aforementioned vendors, and WHEREAS, the terms and conditions are as set forth in the agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the various Low- Income Energy Assistance Program (LEAP) Vendor Agreements with the abovementioned vendors, for the 1992-93 Project Year, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. 921078 c. f)UOI(P e_ - S�5 iltn'K3D!_S (ILc ) LEAP AGREEMENTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D. , 1992, nunc pro tune November 1, 1992. /� /J BOARD OF COUNTY COMMISSIONERS ATTEST: ' iti� WELD COUNTY, COLORADO Weld County Clerk to the Board /�/ Geo a Ken edy, Chairman BY: i L //c „../ ..--s,..c 1,..,?;;2;tr r-f4.Cu e4 Deputy Clerk to the Board=- once L. Harbert, Pro-Tem APPROVED AS 0 FORM: C. W. Ki b County Attorney Gor • Y W. H. Webster 921078 DEPARTMENT OF SOCIAL SERVICES P.O. 806 A ,. _J `-� GREELEY,COLORADO 80632 ID Administration and Public Assistance(303)352-1551 CL ( Child Support(303)352-6933 Protective and Youth Services(303)352-1923 --� � ' ''-- - Food Stamps(303)356-3850 lunge FAX(303)353-5215 COLORADO TO: George Kennedy, Chairman Board of County Commissioners I�(� ) FROM: Judy A. Griego, Director sl �f Department of Social Service ' SUBJECT: Low Income Energy Assistance P gram (LEAP' Ve or Agreements DATE: November 4, 1992 Enclosed for Board approval are the following Low Income Energy Assistance Program (LEAP) vendor agreements for the 1992/93 program year. 1. Agland, Inc. 9. Mercer Enterprise DBA Econogas 2. American Pride Coop. 10. Public Service Co. of Colorado 3. Butane Power and Equipment 11. Rocky Mtn. N. Gas (K & N Energy) 4. Empire Gas of Denver #307 12. Sterling Oil Co. 5. Empire Gas of Greeley 13. Suburban Propane 6. Greeley Gas 14. United Power 7. Keyser Coal 15. Weld L-P Gas 8. Maddox 16. Wyco L-P Gas 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. JAG:jac Enclosure 921078 �t`7 1(c ;.; i 2: I3 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of OC-T4"t'ik , 19i --, by and between the Board of County Commissioners of C1'L1-n (county) , acting by and through the (./VLi-o County Department of Social Services / v and t.gr.,'0j ., C,_ r- orscx ;32 , £ 17QrJ, Cc . 1:-Q6/5 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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 provi4ed, 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; 92.1078 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 Ve.Wur wills a) initiate services, continue services, aeliver 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. 921373 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, 1992 upon the Eligible Household's request. 16. In the event that service cannot cr 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 �! /� n r1 � Q "�a a. The term of this Agreement shall be 1Vh1� I through September 30, 1993. 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. 921079 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 ii ,Signature/ gnature 11/16/92 O74 (- . t9(1te"zr l /lrni>47RaAT. George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title n, P.O. Box 758 Com ny or ussiness Name Address �47)0id 6eka6/S Greeley, CO 80632 City � Zip Code City Zip Code !! LT r 2-" November 9, 1992 Date Date 9a1.a13 LOW-INCOME ENERGB,ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this / day of -� 2 V. , 19 -!d�1 , by and between the I n p Board of County Commissioners of �dl J�IO�- (county) , acting by and through the (x 2teO .. County Department of Social Services and 144vn 4r egtl . r-PP [ 4 enD � SC kA) I'3roWL\tF �O n2 !3t:?1,/;,, e, Bobo/ (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. 92.0713 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; U•64,..070 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. 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, 1992 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 --1 fy(")v' , , I q Q .through September 30, 1993. 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. 92;1073 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 y� Signature Sig/teanatt ure' 11/16/92 1&.'.ct / 1 ACI retie• et\tS W1 George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title ttvher Cgnr re CO 'oaf" P.O. Box 758 Company or Business Name Address r.9h 10 W/ 00 306 U( Greeley. CO 80632 City Zip Code City Zip Code i 3 /79.? • November 9, 1992 Date Date 92107t3 II I3 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 6th day of October , 1992 , by and between the Board of County Commissioners of (,t)QPer ._.g (county) , acting by and through the LCJ />t..IC > County Department of Social Services and Butane Power & Equipment P.O. Box 1447 Ft. Morgan, CO 80701 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; 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. 9221073 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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. IZ. 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; Ste'.. 7i 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. 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, 1992 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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" -1. V(Cis J I i "n 1"r,1a through September 30, 1993. 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. q;-y.4.O713 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 rIni.t.'", n rg / i ature ® r Sig 11/16/92 Jeffrey S. O'Brien Sales Manager George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title Butane Power & Equipment P.O. Box 758 Company or Business Name Address Ft. Morgan, CO 80701 Greeley, Co 80632 City Zip Code City Zip Code 10-6-92 November 9, 1992 Date Date IOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 21* day of (1GTDh2.r , 199a , by and between the Board of County Commissioners of 6)4' d W (county) , acting by 1.i and through the t ei )yC��oun9t�ynDepartment of Social Services and "� •; r war& en C?I1 n R nT�kII . 'Is t'voB:r :vail CGgi dt: CE C[TY.couaADO S M41&4 (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. 9,731.073 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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 provi4ed, 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; 9 . 79 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. 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 Hay 31, 1992 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, 1992; 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 921073 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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---NOV( ) "ICI. through September 30, 1993. 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. 2:13 9 3 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 2� Si nature 11/16/92 Sig ur� , Rodaefs 2a manC�tr George Kennedy, Chairman N nd Title rinted or Typed) Name and Title ;1`.(ed' a, 'F: via OF 71:7):11,17A-7 O7 P.O. Box 758 Companvk'Cfr.::$us►36$IBptR ;N ;:a,`;r. , Address . Cenana ary,catokA 3o*smog Greeley, CO 80632 City Zip Code City Zip Code /p/ti/ri2 November 9, 1992 Date Date 9Y:.. .073 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 Greeley, Co. *0631 (address) , dated the 13th. day of October 1992: 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 J / 4 (-1‘, ,Y IL -�, Signature Signature 9;7%1073 i" r:i d 25 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT /� (2 Agreement made this q- day of '7 L1l/./' //, 19 J4a, by and between the Board of County Commissioners of u ��YCK (county) , acting by and through the (X )D Y d... County Department of Social Services and �,�..�inZ 9 rfr Pc gDX AID 6.-L-=4/67 42 et) (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: • a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 92,-1073 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. 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 Hay 31, 1992 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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---N\1OV IVOV I � 19 Qa through September 30, 1993. 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. 921073 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,,d)Signs re Si nature 11/16/92 /A y/O( Tits& George Kennedy, Chairman N and T' le Prin ed or ed) Name and Title girt P.O. Box 758 Compank or Bu ness Name Address /�� 63/ Greeley, CO 80632 (tJ Cirty Zip Code City Zip Code November 9, 1992 Date Date VIJi07v IOW-INCOME ERGY" ASSISTANCL P500RAM (LEAP) VENDOR AGREEMENT' Agreement made this �1 day of O , 1992 , by and between the Board of County Commissioners of Weld (county) , acting by and through the Weld County Department of Social Services and Greeley Gas P.O. Box 1200 Greeley, Colorado 80632 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. 92`073 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costa 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, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 9 s.t�73 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. 97Z1073 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, 1992 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, 1992; 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 92'x.0'73 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 —NOV U�/ I "I "b'•through September 30, 1993. / 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. 9h 073 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 • c ® jv 4Y-) Signature Signatures George Kennedy, Chairman Richard B. Hillman Vice President, Manager Name and Title (Printed or Typed) Name and Title Greeley Gas Company P.O. Box 758 Company or Business Name Address Greeley 80631 Greeley, CO 80632 City Zip Code City Zip Code /CV-74Z November 9, 1992 Date Date "Th cOW=INCOME ENERGY?AsISTANCE PROGRAM (LEAP) VENDOR AGREEMENT /') Agreement made this /-- day of 7 L1�G'• n �pQ, 194D, by and between the Board of County Commissioners of 1.�1 .('/C, (county) , acting by and through the (mot/ County Department of Social Services and /'<=y 1 Cr Lout /r✓c_I—I 117 I n L o ( // Srare e(e7 (Bed/ 9//5 (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. 'a. Y73 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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 provi4ed, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment, the Vendor will: a) initiate services, continue services, deliver fuel or restore services, whichever is applicable, to the Household; b) not terminate utility services for at least sixty (60) days after such notification; The provisions of a) and b) above are applicable regardless of the amount of the Household's arrearage, the amount the Low-Income Energy Assistance Program benefit, or the household's payment history, including the Household's failure to abide by an earlier payment agreement. The Vendor may not refuse to restore service to an Eligible Household because there is an arrearage or a broken payment agreement; c) make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the Eligible Household if the household is in an actual or potential 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. 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, 1992 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 �Gll j ��1G,) through September 30, 1993. ' b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS Kam, Signature-_ ts_ / S nature 11/16/9 Shkrc, T / S2r. C-e_i Pe C. George Kennedy, Chairman Name and Title (Ptinted or Typ d) Name and Title ("tiper- (a i tr✓c�l-7vi0 -Cif P.O. Box 758 Company or Business Name 7' Address C' Yceie C,, f'Ji 1.(2/? Greeley, CO 80632 City 7 Zip Code City Zip Code /O : 9L. November 9, 1992 Date Date 9 *r.`7 I C7 ..., r ..? LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of , 19 ./� by and between the Board of County Commissioners// of leh_CA at (county) , acting by and through //th//e COL LL County Department of Social Services and It /4A CTQS 6-4-91 6° `7,7 -nd0dH e rom m etc e city e - (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. 9. "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. 974 373 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. J- "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 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. 3:1073 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, 1992 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, 1992; 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 9T'J , 4U termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 (] (I l a. The term of this Agreement shall be " C)'T I I "I( )-through September 30, 1993. 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. 9 x073 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 • Signs e ` & S natu 11/16/92 "" PI 1 �7 y� +/J g A 4. ( ewe George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title GQfi- i 47/Vc'. P.O. Box 758 Company or Business Name Address romin.iv j/ �f, soe� I- Greeley, CO 80632 City Zip Code City Zip Code G !' November 9, 1992 Date Date IOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 9 L day of / GO"L". , 194c2-, c2-, by and between the 1 q �p Board of County Commissioners of 1,eC/1-1-.4^L (county) , acting by and through the (A.jl d County Department of Social Services and Morn £Orvt.Pg(563 l A rec3dOfyRS i la, P-)6X q34.1 l /- a7D/?hhN ()C) g!>70/ (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, or until funds run out. m. "Overpayment" means a household received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with LEAP rules. n. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. It. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions cf 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; 92:078 . 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. 92.E On 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, 1992 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, 1992; 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. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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`�' (Mf ) ) qqa through September 30, 1993. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. , required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS • 1/2 Sig t re Si nature t 'e; m ew cane, 11/16/92 Oa)Ain George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title Alyce 6 Pet fie5 D$A- &ti 6-/1-5 _P.O. Box 758 Company or Business Name Address 7 1'/d/ 1adt ()e) &7O/ Greeley, CO 80632 City ✓ Zip Code City Zip Code 446/IL November 9, 1992 Dat Date 9Z.1.373 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Yi `120 y� Agreement made this day of -�. 19 , by and between the 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. 220 921079 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, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 221 921073 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. 222 921.978 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, 1992 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, 1992; 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 223 9C3 Y�7 reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 through September 30, 1993. 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. 224 9.24078 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 / Si nature 11/16/92 Earl E. McLaughlin, Vice President Marketing, Customer Services & Support Services George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title Public Service Company of Colorado P.O. Box 758 Company or Business Name Address Denver, CO 80202-5533 Greeley, CO 80632 City Zip Code City Zip Code September 1, 1992 November 9, 1992 Date Date 225 921073 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 2nd day of October, 1992, by and between the Board of County Commissioners of Boulder 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. 1 9211078 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, 1991 through April 30, 1992 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, 1991 through April 30, 1992 . k. "Program Year" means from November 1, 1992 to April 30, 1993 . 1. "Eligibility Period" there is a one eligibility period for the program year - November 1, 1992 through April 30, 1993 . 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 QC-PA 7Q 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 or re-establish an installment or modified budget billing arrangement with the Eligible Household if the Household is in an actual or potential shut-off situation at any time during the eligibility period. 8. The Vendor will not terminate utility services of a Household approved for the basic program payment more than sixty (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 au...078 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, 1992 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 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, 1993 ; 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 this 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 Home 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 9m n°�� 23 . The Vendor will provide County Departments documented estimates of home heating costs for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 . 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 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, 1992 through September 30, 1993 . 6 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 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 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 COMMISSIONERS n•"� Signat re , Signature /16/92 Larry Kemper Dir-Billing Contrl George Kennedy, Chairman 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 October 2, 1992 November 9, 1992 Date: Date: IOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 5 day of OCt , 1992 , by and between the Board of County Commissioners of Veld (count y) ,y) , acting by and through the Weld County Department of Social Services and Sterling Oil & Gas Co 213 East Chestnut St BOx 989 Sterling Colo (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. 82:.078 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costa for the current heating season (November lst through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 921073 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. ,. .0 ,= 73 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, 1992 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, 1992; 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 9073 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 I el!, (� ) ? R1 through September 30, 1993. 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. 32:078 • 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 • v , -MIL- i I JLi - i CyZY ii Signature �'�" 11� Signature 11/16/92 Charles Pivonka George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title Sterling Oil & Gas co P.O. Box 758 Company or Business Name Address Sterling 80751 Greeley, CO 80632 City Zip Code City Zip Code October 5 1992 November 9, 1992 Date Date 9g64,.0 7€3 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) CI -- VENDOR AGREEMENT /) Agreement made this / day of 1.7", (1✓. , 19 by and between the Board of County Commissioners/// of LIXJ P .. (county), acting by and through the (1) J X County Department of Social Services and Suburban Propane P.O. BDx 96 Wiggins, CO 80654-0096 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: Z. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf 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. 9 07th h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j . "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November let 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, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 9ZI0721 ' 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. 921078 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, 1992 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, 1992; 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 921079 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 1V W , IC' C"�,D through September 30, 1993. 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. 921073 c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party Bent 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 S nature 11/16 92 v h Richard Gettman t District "anger George Kennedy, Chairman Name and •'fitle (Printed or Typed) Name and Title SUBURBAN PROPANE P.O. Box 758 Company or Business Name Address Wiggins 80654 Greeley, CO 80632 City Zip Code City Zip Code 10-5-92 November 9, 1992 Date Date a 91O /3 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 12th day of October 19_23_, by and between the Board of County Commissioners of Weld County (county), acting by and through the Weld County Department of Social Services and United Power. Inc. P. O. Box 929, Brighton, Colorado 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 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. 921078 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costa" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating coats 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, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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; 921073 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. 9( x 078 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, 1992 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, 1992; 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 921073 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 \ �-f a. The term of this Agreement shall be J V \ I c"I� through September 30, 1993. b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS • 5i dtUre gnatur 11/16/92 Dave Dunnell, General Manager George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title United Power, Inc. P.O. Box 758 Company or Business Name Address Brighton, Colorado 80601 Greeley, CO 80632 City Zip Code City Zip Code October 12, 1992 November 9, 1992 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) ,• r VENDOR AGREEMENT +M q Agreement made this 12 day of Q t doe& , 19 _J?, by and between the Board of County Commissioners of (% EL (county) , acting by and through the "JZ cj)) County Department of Social Services and /,(r)= L - 6inS C n.� -.V C_ �n ��s f�irEtcLLr, C" ©l� C (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. 9'1073 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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. Zi. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the. next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; • 921078 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. 921073 12. The Vendor shall maintain confidentiality of information provided by the County Department about.•-a-Household's benefit in, accordance 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, 1992 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, 1992; 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 9 1078 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 n a. The term of this Agreement shall be NOV. � / ) (IVI . through September 30, 1993. 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. 9: 078 • 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 4rr >ds-Itc-- SIgnatur 11/16/92 F�.-I AL_ G..Al2: J"?CE: . George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title (j/cV Z- V 6/&S4.c., '1Tn c- _ P.O. Box 758 Company or Business Name Address 71 -Ge, 01 etoo57 Greeley, CO 80632 City Zip Code City Zip Code (le &t2 /, /9n _ November 9, 1992 Date Date 921078 r. r / LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT /� Agreement made this I a ' day of VCS' . , 19 (4)„ by and between the Board of County Commissioners of lA e (county), acting by and through the County Department ofvial Services t�and l J 9 C.O l . P ��QS ^(L[.. ( Roc I a c� 4r� R al) Fa (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. 921078 h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th) . Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source, and one secondary heating source, for the period of November 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992. k. "Program Year" means from November 1, 1992 through April 30, 1993, or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1992 through April 30, 1993, 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 provif3ed, 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; 3Z1o7i3 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. 921078 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, 1992 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, 1992; 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 921073 termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November, 1, 1991 through April 30, 1992 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, 1991 through April 30, 1992, 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 ThinVi ) I GK1 t through September 30, 1993. 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. 37107a 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 11/16/92 (J A n ✓i n R 4 Pug ere S 0,u I ny R I S . George Kennedy, Chairman Name and Title (Printed or Typed) Name and Title UjyCo L_P 6-0,, 6 P.O. Box 758 Company or Business Name Address (Pyn 13kuIFS (Ey iaGg2 Greeley, CO 80632 City �q / Zip Code City Zip Code G -a -n/ November 9, 1992 Date Date 921078 Hello