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Home My WebLink About941087.tiff RESOLUTION RE: APPROVE EIGHTEEN LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENTS WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with eighteen Low-Income Energy Assistance Program (LEAP) Vendor Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the following entities: Agland, Inc. All Star Gas American Price Coop Butane Power and Equipment Front Range Propane Greeley Gas Company Keyser Coal Maddox Econogas Public Service Co. of Colorado Ram Propane Sterling Oil Company United Power Rocky Mountain Natural Gas (K&N Energy) Weld L-P Gas Wyco L-P Gas Wiggins Coop Empire Gas of Denver#307 WHEREAS, said agreements are for the 1994-95 Program Year, with the further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the Low-Income Energy Assistance Program (LEAP) Vendor Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the eighteen abovementioned entities be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. 941087 7 l ✓icICr s C«) � � I �� Cam. � VENDOR AGREEMENTS - LEAP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of November, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: ULl? WELD COUNTY, COLORADO Weld County Clerk to the Board Al /)K st h{ "/ /),/m- 7 /i 14,1:e--- . Webster, Chair an BY: � c �D—/ , Dale H II Deputy Clerk to the Board , APP D AS TO FORM: ,e �c.. ", eorge axter EXCUSED / County Attor ey Co stance L. Harbert / / Barbara J. Kirkmeye7 9 941087 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT "r .. Agreement made this r �l' ` day of OC-' lLar 197 , by and between the ,'• Board of County Commissioners of WFTJ) (county) , acting by •/ // /c.7 and through the WELD County Department of Social Services and EMPIREG,S M. OF DENVER 307 .5475 cOLUBADO BOIUVARD wewuccc as z.CuLORMA.5w42 (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 apjlied 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 beating which may be purchased in quantity.from a fuel supplier and stored by the household to be used as - needed. Normally, includes wood,. propane,-kerosene,' coal and ksry _.ry C✓.:Y • 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 • 941087 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tWe 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; • 941087 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 departmer}t and throughout the time the Household remains eligible unless: f 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. 941087 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 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. • 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. • III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term. of this Agreement shall be November '1st,1994_. through September 30, 1995. • 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. • • 941087 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 S atur Signature 11/07/94 ducr*t& Soot Cep W. H. WEBSTER, CHAIRMAN Name and Title (Punted or Typed) Name and Title BOARD OF COUNTY COMMISSIONERS C/O CLERK TO THE BOARD EMPIREGti WCa OF lw'T:a 307 Address „ n '0' eat otr— Cp�pP ')Sitf1�Md ik_ED P. 0. 80X 758 comma arr. A60 ass GREELEY, COLORADO 80632 City Zip Code City Zip Code 11/02/94 Date Date 941097 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT IV ii711 r-- Agreement made this .$ o day of �lPda.n,l,e " , 19 , by and between c then/ 1: 59 Board of County Commissioners of WFTT) (county), acting by and through the WELD County Department of Social Services and American Pride Cn-op 55 W. Bromley In. Brighton, CO 80001 (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 apblied 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. xs,Normally, bulk. fuel includes wood, propane,-. kerosene"'•:coal and • fuel oil. ne. . • f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary ' heating source. 1. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection • 94109'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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; • 941097 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 a� 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 departme:}t and throughout the time the Household remains eligible unless: I 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. • 94109'? 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 1 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November '1st,1994_;: _ ; . through September 30, 1995. 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. • 941097 I♦ 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 r /-a- �r ,(}) // 22 / ;? ' Signature I Signature 11/07/94 C41es N/V%. I W. H..d WCCE��BrrSTER, CHAIRMAN Name and Title (Printed oY Typed) NR��E COCJPT 7' COMMLS540NEP$ C/O CLERK TO THE BOARD • WELD COUNTY CO!_ORADO P. 0. BOX 758 racri cv E^6O11ADO 8v6,1 Company or Business Name Address American Pride CO-op 55 W. Bromley D. Brighton, CO 80601 City Zip Code City Zip Code S p _ s9 • 11/02/94 Date Date • 94109'7 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this /.0Kday of 2i/' *Y.1?/if/, 1921, by and between the Board of County Commissioners of WF.T,n (county) , acting by and through the Y• WELD County Department of Social Services and Al9L4Ni) r Z.6 D ,C,4t r6,ey 41, ? /0 •EtX f;i;5„) .(?() 82,4;i4- ' OAJ' (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 apblied 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 maybe purchased in quantity from a fuel supplier and stored by the household to be used as • needed. :0 Normally, ; bulk. fuel includes wood, propane, kerosene;•scoal and " fuel oil >:. ," fr-r" • f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. j. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection • 941097 of the anticipated heating costs 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tAe 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; • 941097 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 departmefl and throughout the time the Household remains eligible unless: I 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. 941097 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned . within ten (10) working days to the County Department; • 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November -1st,1994 -_ .; • through September 30, 1995. • 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. • • • • 94109'7 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 6Se Signature 11/07/94 g ,11(-1 1-J Mp/, 4/525)6e(2%&. W. H. WEBSTER. CHAIRMAN Name and Title (Prik(ted or Typed) Name and Title• _ tIy ,BOARD OF COUNTY COMMISSIONERS f�GCAND LNe C/O CLERK TO THE gOAR0 Company or Business Name Address wt")a O NBOXCO9RADO GREELEY, COLORADO 80532 c rnA, City Zip Code City Zip Code 11/02/94 Date • • • 9410'3' LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) ^ ;�� '^ VENDOR AGREEMENT /9p rr- .. Lr Agreement made this 4 day of Se1TPmhen, 19ja_, by and between the i O Board of County Commissioners of !grin (county) , acting by "� and through the WELD County Department of Social Servicess�, and ALL- SCI. ( rIAS �� Ro ‘rB 4i0 �" )a /O 6u0_ GDeel-e9 , CD R0(03a— (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 apblied 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 maybe purchased in quantity from a fuel supplier and stored by the household to be used as needed. z;Normally, bulk. fuelincludes wood, propane,- kerosene, coal and • fuel oils '.; > • 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 twood,residence.keence Secon d or other yources olk esemay include natural gas, prop 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 • 941097 • 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 'de 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; • 941097 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 departmeTt 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. 94109'7 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; • 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; I 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. 941097 23. The Vendor will provide county departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human 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 Noyemberlst,1994 ,_ - through September 30, 1995. 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. • • 94109'7 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 I B� (.4 r H.jtature Signatur 11/07/g4 • oLL,,u W e4,9 a2J4,VW.ae2 W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title• BOARD OF COUNTY COMMFSIONt:R; &z4i? gAS- C�y/O CLERK TO THE BOARD Company or Business Name Address LD LUUNI / COLORADO P. O. BOX "758 GREELEY, COLORADO 80632 Gt2ee��y go 8106 3`)_-. • City qq Zip Code City Zip Code epTellA(t1PQ . OLD i 11/02/94 Date A Date • • 94109'7 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT 5=_ Agreement made this day of.Scj;ke"lber , 19�1�, by and between the Board of County Commissioners of WFi.il (county) , acting by and through the WELD County Department of Social Services and V.1lnr3C \Q 006 r�4 -0\+° Omen (=0 (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: 2. The following definitions shall apply in the interpretation of this Contract:"Household !pp!s has ied for a. assistance" and or -forgwhom thee Vendorhas ebeen tnotifiedlby 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 tr dwelling. . --"County Department" means the County Department of Social Services. c}. L-"Non-Bulk Fuel" is an energy source for home heating which is provided by r -p. utility company and is regulated and metered by the utility company. tNormally, non-bulk fuel includes natural gas and electricity. �r "-`Hulk Fuel" is an energy source for home heating which may be purc hased in r quantity from a fuel supplier and stored by the household to be used as 2tteeded Normally, bulk• fuel includes wood,. propane, kerosene, coal and • =rAtuel 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 • • • • 94109'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tAe 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; 94109'7 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. 94109'7 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; I 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November -1st 1994. through September 30, 1995. • 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. • 941097 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 Si t Signature 11/07M4 C l r l _ 10' 1/4 � e5 W. H. WEBSTER, CHAIRMAN �e��s rt .�. � �7�1 e� Name 1d Title (Printed or Type Name and Title. 1 • j BOARD OF COUNTY COMMISSIONERS •is.,Vu e �O��e `�- —eY,U.PM-e^C Go, C/O, CLERK TO THE BOARD Company or Business Name AddreseyyvEw LVUIVIY CU!LURAUU P. 0. BOX 758 GREELEY, COLORADO 80632 `r?C`1)0 / City Zip Code City Zip Code 9 - 30 - '1L 11/02/94 Date Date - -941097_ ' cb _ LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) !,�-.�: ' S's" VENDOR AGREEMENT \' Zit—aleeement made this 2110tIt day of , 1974/, by and between the Board of County Commissioners of WFi.n (county) , acting by and through�+ the WELD County Department of Social Services G (and 613 G-fS / A)c To 1)b1- 939 �?-,hrp r�, ED TO—7a i (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: 2. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has ap1lied 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 usedfor 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 maybe 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: t i 7 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 • 941097 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tAe 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; • 941097 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 departme:}t and throughout the time the Household remains eligible unless: I 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. • 94109'7 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. • IV. General Provisions a. The term• of this Agreement shall be November -lst,1994",__. _.; • through September 30, 1995. • • 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. 941097 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 -/' a . ,Coy /1' ir ('' �. ( r¢�`'I? S11gne Signature 11/07/94 NQ �C -KYZy ( COhcYo Uc W. H. WEBSTER, CHAIRMAN Name {and Titl ranted or Typed) Name and Title {TA 00 ��S /A)C BOARD OF COUNTY RK BOARD CH$ G/ C/O CLERK TO THE BOARD Company or Business Name AddresWrE"' wurviY COL.URADo P. O. BOX 758 GREELEY, COLORADO 80632 In , r O( qn ( Cv gb'1bi • City Zip Code City Zip Code Z0, 1qO 11/02/94 Dat Date 9410S7 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT L� Agreement made this Ye" day of (5C7r�AU_, 19 % by and between the /?,CPAY k. c C./be Board of County Commissioners of WFi.T) (county) , acting by 00. `/Ye and through the WELD county Department of Social Services io 4fr i� and 667 Gx r /9 IT-22A'r LG./19773N, dv ga6.2/ (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 apjlied 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 maybe 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• • 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 Beating 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 • -- 94108'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tAe 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; • 941087 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. • 941097 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- . hold after May 31, 1995 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, 1995; ( 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. • 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November '1st,1994_;_ _„ • through September 30, 1995. • 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. • q410137 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. FURL VENDOR CHAIRMAN, COUNTY COMMISSIONERS S gi na Signature 11/07/94 I//R(4/L r7J/LL6X Ge /z/It /)(/a W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title Ft)o&T A,'r-7C0 Le f'ropA c @ OAR D OF COUNTY COMMISSIONERS C/0 CLERK TO THE BOARD WEl () (YLIN TY Cr,'ripen Company or Business Name Address P. 0. Box 158 CREELEY, COLORADO 80632 4,o'if co ere- Fat / 9 ar c ro 2/ r CvYro� • City Zip Code City Zip Code /Vow/9u • 11/02/94 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 21st. day of October , 19 94 , by and between the ,B6ard of County Commissioners of win (county) , acting by anQ, • 'l,Lr ugh the WELD County Department of Social Services ��nd GREELEY GAS COMPANY C 0 - P.O. BOX 1200 GREELEY, CO. 8063(2vendor 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 • 94109'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tAe 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; • 94109'7 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 departmer}t 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. 941097 ' 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; I 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. • 941[)Q'7 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term• of this Agreement shall be November -1st 1994 through • September 30, 1995. 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. • 941097 • 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 2/77/ { �(r �l 'i l/' l '✓1. Signature Signature" 11/07 //� I'Yr��)K7vu W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title • BOARD OF COUN iY COmml7SKiNH( ', • Greeley Gas Company C/O CLERK TO THE BOARD tea D cnt)NTy COL89AD0 Company or Business Name Address P. 0. 80X 758 GREELEY, COLORADO 80632 • Greeley, Colorado 80632 City Zip Code City Zip Code • Oct. 21st. , 1994 11/02/94 Date Date 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. Ave. Greeley, Co. (address) , dated the 21st. day of October 1994: 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 ✓mod u-�' ft-L , , )1275-71) Signature Signature if/0 7/9,1 941097 I',. 9: 33 19j'. '? -L LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDORy Z�L�P4[ AGREEMENT da of (�7 -- , 19 17‘, by and between the Agreement made this � Y Board of County Commissioners of WFTT) (county) , acting by and through the WELD County Department of Social Services �/ /2 —y !n n I n c, and /�e.ySer l %IJGL ' � l rp%- ! � , 6a( l /( ST. �o'reeip Ca . PPtii_oi? (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: hold" s has ied for a. "Householdassistance" or and wEli for g whom le t he a Vendor i has one that t l notified by the County Department that payment will be made to the Vendor on behalf of the Household. ity, fuel oil,b. propane,fewood, kerosene, or any other rgy" shall inlude cfuel used for heating natural a residential dwelling. . c. "County Department" means the County Department of Social Services. d. "Non-Hulk 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. x. Normally, bulk. fuel includes wood,, propane,- kerosene,4 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" amount of heating costs as an estimate or projeeccttion d du ring season to be used the previous heating 941097 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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. 2I. 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; • 94109'7 ' 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: 1 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. 94109'7 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 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. • 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November -1st,1994 through • September 30, 1995. 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. 9410q, 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 4'Sign ( Sig nature `ure /..( /07/94 c J��troy T )(cystr• V.- Sec, W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Tped) Name and Title. • BOARD OF COUNTY COMMISSIONERS S �_ C/0 CLERK TO THE BOARD '`C 'cr L.00c/ /�-v�,[�Ij�y xLIM L. WELD COUNTY COLORADO Company or Business Name/ • Address P. O. BOX /5d GREELEY, COLORADO 80632 tal//tv O. �City ��Zip Code City Zip Code /D -V. yc! 11/02/94 Date Date • • • 941097 /2 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) e, , VENDOR AGREEMENT ^.f Agreement made this / 41 day of(C)G��j4 ?-C , 199L , by and between the Board of County Commissioners of WF.TT] (county) , acting by and through/the WELD County Department of Social Services and l9 CV/ 7KC /31-T017 4` bSir/ 79 4 ��ce d0 X002 (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 apLlied 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 maybe 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 • • 941091 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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. 1 II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in tAe 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; 941097 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: 1 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. 94_10''? 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any, payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- , hold after May 31, 1995 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, 1995; 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions • a. The term of this Agreement shall be November -1st,1994 .:. _., • through September 30, 1995. 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. 941097 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. fr FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS 14 Lk/ (A ). Y� �z , Signature Signature 11/07/94 E. - Maddox I_rP.J - W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title BOARD OF COUNTY COMMISSIONEIC nn/ C/O CLERK TO THE BOARD Imo'' �IM� I 1 11��: • WELD COUNTY (YL( Ann Company or Business Name Address P. O. BOX 758 GREELEY, COLORADO 80632 Cn ,meree @Ich OD. Ft-MR City / Zip Code City Zip Code I 1 11/02/94 Date Date 941097 \4 r t t` A� `� LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) \q9&V%t -1 VENDOR AGREEMENT Agreement made this 3rd day of October, 1994 , 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 1400 Glenarm Place, Denver, Colorado 80202 (vendor name and address)hereinafter refered 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. 941097 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, 1993 through April 30, 1994 for the households 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, 1993 through April 30, 1994 . k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 94.1097 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 Households 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 Households 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 Households arrearage, the amount the Low-Income Energy Assistance Program benefit, or the households payment history, including the Households 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 94.1097 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 physicians 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 Households 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. 9410S7 15. The vendor shall refund any credit balances to the Eligible House-hold after May 31, 1995 upon the Eligible Households 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 Households 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, 1995; 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 Households 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 94109' 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 years service, skips in service, or other reasons, as established by the Colorado State Department of Human 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. 8410S7 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, 1995. 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/Es payment will be made to the Vendor, unless the Household owes no balance on the Vendors account. FU ENDOR CHAIRMAN, COUNTY COMMISSIONERS ) T / Si nature U Signature 11/07/94 R s C. King Vice President, Gas & Electric Distribution W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) NikhhS00afictoTibleommisioNER Public Service Company of Colorado c/o CLERK TO THE BOARD WELD COUNTY COLORADO Denver CO 80202-5533 P. O. BOX 758 r,RFFI PV rni nano ran Company or Business Name Address Address September 20, 1994 iiin2i4A Date Date O44 WWI IOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • Agreement made this 12nr, day of 19t, by and between the Board of County Commissioners of WFT.T) (county) , acting by and through the WELD county Department of Social Services D and f m 4_ akkUU i ii-r) ( t fJ-) S1 CTree-icy 06 Ai D3 ! (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 aptlied 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. propane, wood,wo oEn o d electricity, natural , kerosene, or any otherg fuel used for heats a residential dwelling. c. "County Department" means the County Department of Social Services. ded y d. a Non-Bulk Fuel" isy an energy regulated ource andr home meteredheating by the which utilityocompany. utility company Normally, non-bulk fuel includes natural gas and electricity. e. "Hulk 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 H the heSource"at to the residence. main Majority • 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 • • 941097 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, 1993 through April 30, 1994 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating costa for the period of November 1, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tle 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; • 941097 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 6O day no shutoff period, the Vendor will return any payments received subsequent to such discontinuance, on behalf of the Eligible Household, to the County Department. 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. • 941097 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; ' 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 Households 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. • 94109' 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term. of this Agreement shall be November -lst,1994 " ; - through September 30, 1995. • 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. • 941097 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 i 9 Ku u Mcataryaho C J � L9 ' Signat a Sig ature 11/07/9 4 /athII (nC010nil I t;n Adm44 W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title BOARD OF COUNTY COMMISSIONERS C/O CLERK TO THE BOARD Karr Cripc1.42 wEi n rni ins x COLORADO Company or Business Name Address P. 0. BOX 758 GREELEY, COLORADO 80632 C-3r1)elput Masi City Zip Code City Zip Code 1C,N • 11/02/94 Date Date • 941097 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 2$ day of October, 1994, by and between the Board of County Commissioners of Weld County, acting by and through the County Department of Social Services and K N Energy, Inc. , a Kansas corporation, hereinafter referred to as "Vendor" . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97- 35) provides for the Home Energy Assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, THEREFORE, it is hereby mutually agreed: 1. The following definitions shall apply in the interpretation of this Agreement: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. 1 941097 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 to April 30, 1995. 1 . "Eligibility Period" there is a one eligibility period for the program year - November 1, 1994 through April 30, 1995. 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 QA1noi 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 941097 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, 1995 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 941099 17 . All payment returned to the County Department shall be accompanied b_v 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, 1995; 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 941097 23 . The Vendor will provide County Departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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 , 1993 through April 30, 1994, 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, 1994 through September 30, 1995. 6 5154n49 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, COUWTY COMMISSIONERS 1Sig ture Signature 11/07/94 Larry Kemper Dir-Billing Contrl W. H. WEBSTER, CHAIRMAN Name and Title (print or type) Name and Title (print or type) BOARD OF COUNTY COMMI UNLKS C/O CLERK TO THE BOARD K N Fnergy. Inc. Y4CLD COUNTY COLORADO Company or Business Name Address P. O. 8OX 758 GREELEY. COLORADO 80632 Lakewood, CO. 80228-8304 City State Zip City State Zip September 9, 1994 11/02/94 Date: Date: 7 941097 F 1\. 2 • . , Cr ; ^I LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this ]L I? day of 3LC p 7yM 19 , by and between the Board of County Commissioners of WFT.i1 (county) , acting by and through the WELD County Department of Social Services and STE1?!...(A/4- d!t-I 6-4-e of Acx 9 c'9 c'T$-Jti ( - (vendor name and address) (hereinafter referred • to as Vendor) . gd75f 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 apblied 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-Hulk 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 maybe purchased in quantity .from a fuel supplier and stored by the household to be used as '. • needed. ;,Normally, bulk. fuel includes wood, propane,-,keroiene,,::coal 'and fuel oil r f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. • g. "Secondary Heating Source" is the type of fuel used to provide less than the majority of the heat to the residence. Secondary heating sources may include natural gas, propane, wood, kerosene, fuel oil or other bulk fuels. h. "Supportive Fuel Source" is a type of fuel necessary to operate the primary heating source. i. "Home Heating Costs" are charges directly related to the primary heating • source used in a residential dwelling. J. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection • 94109'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tIlle 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 lase often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 941097 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 departmex}t and throughout the time the Household remains eligible unless: f 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 e t the servicesof time the o household approved for the Basic Program payment throughout 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. 941097 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; I 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. • 941097 • 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term• of this Agreement shall be November,-1st,1994_, through .September 30, 1995. 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. 941097 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 I Signature II / Signature 11/07/94 CHA ASS PkueNkA VICE j/Z£c W H WEBSTER. CHAIRMAN Name and Title (Printed or Typed) Name and Title• / / HOARD OF COUNTY COMMISSIONER}, crERL(NZ-- OIL"' (3�A-S �`J C/O CLERK TO THE BOARD Company or Business Name Address WLLO COUNTY COLORADO P. O. BOX+p 758 � GREELEY, COLORADO 80632 STS 1Pt(x/G- `G S'a7n City Zip Code City Zip Code cam 11/02/94 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT -27/17- 71--- ! ,/ ,1 • \,. Agreement made this!-7 day of , 19J'T , by and between the Board of County Commissioners of WETD (county) , acting by ,r and through the WELD County Department of Social Services ?. and UNITED POWER, INC. • P O ROY 979 BRIGHTON, CO 80601 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; • and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has aptlied 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 beating 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 maybe purchased in quantity from a fuel supplier and stored by the household to be used as needed. r,!,Normally, .bulk. fuel includes wood,. propane,ykeroiene •:coal and • fuel oil y 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 • 941097 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, 1993 through April 30, 1994 for the household's current primary residence. Vendors serving applicant households for primary and/or secondary fuels are required to supply actual home heating coats for the period of November 1, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tle 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; • 951099 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 departmeTt and throughout the time the Household remains eligible unless: 1 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. • • 9410'3' 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; ' 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. • 514•1114;e7 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term• of this Agreement shall be November -1st,1994_;_ • through September 30, 1995. • 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. 9410'3' 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 {" T 1 ({ Sign ) Signature �l ` �� ) , 1,1%07/9/+ Troy L. Whitmore Manager of Customer & Member Services W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title • BOARD OF COUNTY COMMISSIONERS United Power, Inc. C/O CLERK TO THE BOARD Company or Business Name AddreetLu P O NBOXIY `$8 RA DO GREELEY, COLORADO Brighton, CO 80601 City Zip Code City Zip Code • September 28, 1994 • 11/02/94 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this-L:24;> day of �lA , 1 , by and between the Board of County Commissioners of WF.TT) (county) , acting by and through theno WELD ClCounty Department of Social Services and (i(�/t- 1,D L..—0 61,4 4 a f, /T .3 C /a l.ATTE(.4C.L-C>( A) (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 ap1lied 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-Hulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Sulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as - needed. ; ,Rormally, 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 • 94109'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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. ZZ. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in de 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; • 9410437 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 departmet}t and throughout the time the Household remains eligible unless: I 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. 941097 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; ' 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers • and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term' of this Agreement shall be November,-lat,1994 ;_ ; , through September 30, 1995. • 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 S nature Signature 11/07/94 �0%c j1,(,`,� lJrbc /her?? W. H. WEBSTER, CHAIRMAN Kl/ Name and Title (Printed or Typed) Name and Title. • BOARD OF COUNT? COMM bSIONLK5 ime - ,�'�{� /(J^^ Tye- C/0 CLEkK T THE BOARD ( �l WA' D rGWNTX 66L9""DG pany or Business Name/ Address R. O. BOX 758 OREELEY, COLORADO 80632 (! .?OG l ity Zip Code City Zip Code CO 0/9V • 11/02/94 Date Date • 94409 • ' LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT cl) 4" Agreement made this I f3f day of �. l c / / , 19 9I ' by and between the /X 0 Board of County Commissioners of WFLD (county), acting by and thro gh theme WELD County Departmen't/,/�of Social Services and � /lrls T/$ .4�fil_27) / _// ( ,71/7-(y7/T (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 apblied 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. aNNormally, bulk. fuel includes wood,. propane, kerosene;.-coal and _ 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. "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 • 94103'7 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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; • 941097 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: f 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. • 9410'37 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; • 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally . approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; 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. 941097 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. • 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November.-ist,1994_,:_ through September 30, 1995. • b. This Agreement is subject to and contingent upon the continuing • availability of federal funds. In the event that insufficient funds, as determined by the State or County Department , are available for this program, the State or County Department may immediately terminate this Agreement. • 9310?? c. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail. d. The Vendor may not assign this Agreement without the prior written consent of the County Department. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, and termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc., required by law for the provision of services hereunder. f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(b) of this Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS ( ) ) Signature �` 1 fi _, 1 / 7, g Signature 11/07/94 /A/C/( 7)/k's()/1-1 W. H. WEBSTER, CHAIRMAN Name and Title (Printed or Typed) Name and Title �1 BOARD OF COUNTY COMMhSi ONek:� // G ��,'�S �� / / C/O CLERK TO THE BOARD Company or Business Name Address W kD Cau vTY CO�Qonnn P. O. BOX 758 GREELEY, COLORADO 80632 City Zip Code City Zip Code /�//y1- U, / 7-57 11/02/94 Date Date LOW-INCOME ENERGY ASSIST AGREEMANCE ENT ROGRAM (LEAP) /92 '`F�L/�/ �p�T p / F Agreement made this —1 day of (:)(4. , 199(9 , by and between the �`� /:3, Hoard of County Commissioners of WRIT) (county) , acting by and through the WELD County Department of Social Services \Ico L. ? (,as ,�' t . 1011 h1^ w4J (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 aptlied 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. .a:,Normally, bulk- fuel includes wood, -. propane,-, kerosene, coal and :•::.»•.. fuel bil. �.;.;: .:: ... . . 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 • 941097 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, 1993 through April 30, 1994 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, 1993 through April 30, 1994. k. "Program Year" means from November 1, 1994 through April 30, 1995 or until funds run out. 1. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1994 through April 30, 1995 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 tie 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; • 941097 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. 94109, 12. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State laws; 13. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; • 14. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved vendor (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) days of a county request. 15. The vendor shall refund any credit balances to the Eligible House- hold after May 31, 1995 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, 1995; I 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. 9,410S7 23. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1993 through April 30, 1994 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, 1993 through April 30, 1994 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 Human Services. The State and County Departments reserve the right to audit vendor estimating procedures, and to terminate the vendor agreement if estimates are found to be inaccurate or inappropriate. 24. The vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 25. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the county department. Such termination is in addition to all other legal remedies available to the county department, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made in their behalf to the Vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be November lst,1994_':._ __; • through September 30, 1995. • 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. • • 911091 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 n\ kA rito:Th S natur - U Signature 11/07/ 4 I ar\I ) \h,�� {-es V ee fer" W. H. WEBSTER, CHAIRMAN Name and itle (Printed or Typed) Name and Title• . BOARD OF COUNTY COMMISSIONLRS C/O CLERK TO THE BOARD • \AK) Cn l P_ 5rn.S ---LVIC wFI n mlwTv rni nRADC) Company or Business Name Address P. O. BOX 758 GREELEY, COLORADO 80632 )lnT /ca-C a-, Zip Code City ( Zip Code City 10,1_or 11/02/94 Date Date • • 91109, DEPARTMENT OF SOCIAL SERVICES P.O. BOX GREELEY,COLORADO 80632 liD Administration and Public Assistance(303)352-1551 Child Support(303)352.6933 C Protective and Youth Services(303)352-1923 OFood Stamps(303)356-3850 FAX(303)353-5215 COLORADO TO: W. H. Webster, Chairman Board of Weld County Commissioners FROM: Judy A. Griego, Director, Weld County Department of, A41 a Social Services SUBJECT: Low Energy Assistance Program (LEAP) Vendor Agreemes with tie Weld County Department of Social Services DATE: October 31, 1994 Enclosed for Board approval are seventeen Vendor Agreements for Program Year 1994/95. The term of the Agreements are from November 1, 1994 through September 30, 1995. The Vendor Agreements are as follows: 1. Agland, Inc. 10. Public Service Co. of Colorado 2. All Star Gas 11. Ram Propane 3. American Price Coop 12. Sterling Oil Company 4. Butane Power & Equipment 13. United Power 5. Front Range Propane 14. Rocky Mountain Natural Gas 6. Greeley Gas Company (K & N Energy) 7. Keyser Coal 15. Weld L-P Gas 8. Maddox 16. Wyco L-P Gas 9. Econogas 17. Wiggins Coop The Vendor Agreements make it possible to send a client' s LEAP benefit directly to the vendor. If you have any questions, please feel free to telephone me at extension 6200. JAG:jac 941087 Hello