Loading...
HomeMy WebLinkAbout961983.tiff RESOLUTION RE: APPROVE FIFTEEN LOW-INCOME ENERGY ASSISTANCE 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 fifteen Low-Income Energy Assistance 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 vendors: 1. Agland, Inc. 9. Public Service of Colorado 2. American Pride Coop 10. Ram Propane 3. Butane Power and Equipment 11. Sterling Oil 4. Econo Gas 12. United Power 5. Empire Gas of Denver 13. Weld L P Gas 6. K N Energy 14. Wyco L P Gas 7. Greeley Gas Company 15. Wiggins Coop 8. Keyser Coal WHEREAS, the terms are as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the fifteen Low-Income Energy Assistance 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 above mentioned vendors be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. 961983 SS0022 .` 55," � enctdr5 O6)5)CC FIFTEEN LEAP AGREEMENTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 1996. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORA O ji Wah r Lk'�r '` fk Barbar J. Kirkmeyer, Chair J ics1 fi u • � ty Clerk to the Board • eorge Baxter, Pr -Te Oil re eputy Cler to the Board Dale K. Hall AP ED AS TO F 2977 e-r1A�., (K ,�1 1/ Constance L. Harbert �f ounty Attor W. H. LebsZ 961983 SS0022 Revision Date: 11/20/95 2:36PM Creation Date: 1/2/92 10:25:00 AM Descriptive Name: AGRMT,SS,LEAP 961983 Descriptive Type: Author: Typist: Subject: Account: Keywords: 11/04/96 Abstract: 1926 CC r 16 F'1 3: 14 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this /5 day of (0i* , 1974, by and between the Board of County Commiss �i �oners of hit (county) , acting by and through the W.L/d County Department of Social Services and VOCE L P Gas Jo, PO ,Box 365 Pla/leo/fie CD &IC/ (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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. 964 0.— Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages. II. Responsibilities of the Vendor: a. The vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; S. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961283 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice' to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears . 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household' s request . 961..^-.^'33 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. • �€a " ° f_33 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. III . County Responsibilities a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household. b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be N-.Jppt Y%through September 30, 1997. 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 (a) of the 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 NIDORin / CHAj RMAN, COUNTY CCM7 SSI Signature u Signature Name and Tits e rinted or Typed) /Name and Title [tie id L-P (as ��+(-o, RzOrtafe Company or Business Name Address Co n657 City Zip Code City ) Zip Code / 56 Date Date / 961.' ':33 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 25th.day of Sept , 1996 , by and between the Board of County Commissioners of Weld (county) , acting by and through the Weld County Department of Social Services and GREELEY GAS COMPANY P.O. Box 1200 Greeley, Co. 80632-1200 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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 . . "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence_ "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 . 96:'293 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961293 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household' s request . 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . The Vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The countyLEAP office will supply the vendor with applications, brochures and envelopes for the return of the applications. 561." 3 24 . Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 96 !2J.3 • 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and theHousehold moves and is no longer served by the Vendor, the period's 11 be made to the Vendor, unless the Household owes no balan ,; e� or's account. 5 FUEL VENDOR � COUNTY CO ISSIONERS ($,il {t J ` 1 tikii/t r t--- Signature t e ,J (�C0� N94` S. KIRKMEYER, CHAIR Rex Hudson District Ma 1' COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) . Name and Title Greeley Gas Company P.O. BOX 758 _ Company or Business Name Address Greeley, Co. 80631 GREELEY, CO 80632 City Zip Code City Zip Code Sept. 25, 1996 11/04/96 Date Date 96.1..77x3 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 25th. day of September, 1996: Paragraph 23 of said Agreement is deleted in its entirety and is replaced by the following new paragraph 23: 23. 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. r• FUEL VENDOR pQ Erb;, , COUNTY COMMISSIONERS 711 49 VP °kn- . ,' , ._7 � Signature Signature 961293 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this �]�{� day of , 197< by and between the Board of County Commissioners of — (county) , acting by and through the County Department of Social Services and G+ ) 1c6/41:3 doe'7? r v (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 _ 961983 • • Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 L • • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and ho holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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 •:.�: Y : 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household's request . 961983 • 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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. E`?" 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 • • 24 . Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 11/04/96 • Date Date 961983 • 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997 . 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 oa� Rs..us service in accordance with provision 7 (a) of the Agreement. = � C t: old moves and is no longer served by the Vendor, the perir-d' - ._ ..: . 1 be made to the Vendor, unless the Household owes no b. a �,�"iVs, 0•.or's F / account. MA (�T' 7>Z � COUNTY CO SSIONERS Signature ''`c (ON 6 1 BARBARA J. KIRKMEYER, CHAIR Namea d Title /(P(Printed oro Typed)� Name and COUNTY Title OARD OF COMMISSIONERS )/ Cir7IN5 OOCr P.O. BOX 758 Company or Business Name Address () ) /(TC7 /%U-5 GREELEY, CO 80632 City Zip Code City Zip Code /(5 % 11/04/96 Date Date 961983 10-16-1996 01: 10PM FROM TO 19703 27729 P.04 LOW-INCOME ENERGY FSSXSTANCE PROGRAM (LEAP) VENDOR �AGREEMENT Agreement made this .142,.,._ day of ,7vhC ..., 1)74 by and between the Board of County Commisslaners of (county) , acting by and through the county Department of Social Services and til( C D L e . r � �1 ,, . en)x lo2g �LQQ&WL( S IA/ g,2 (vendor name and address) (hereinafter referred t as Vendor)'. WHEREAS, Title XXVI of the Low--Income Home Energy Assistance of 1981 (P-L. 97- le) provides for Home Energy aceicCance to Eligible Hottaet„,l sin; and WHEREAS, the parties hereto desire to establish an arrangement to carry nut 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. anal. propane, wend, kerosene, or any other fuel used for heating a residential dwelling. c, "County Department" means the County Department of social Services. d. "Non-Sulk 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. g. "Bulk Fuel" is an energy source for home heating which maybe purchased in quantity from a fuel supplier and stored by the houenhold to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil_ f. "primary Heating source" is the main type at fuel used to provide the majority of the heat to the residence. g. "Home Beating costs" are charges directly related to the primary heating source used in a residential dwelling. h. "Estimated Home Heating Costa" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated beating costs for the current heating season (NoveMbet 1st through April 30th) . Such costa shall not include payment investigative charges, reconnection fees, or other such charges not related 1 961S83 10-16-1996 01.11PM FROM TO 1970352Tl2O F.95 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 novice for the period of November i, 1995 through April 30, 1996 for the household's current primary residence. vendors are required to provide actual home beating costs it available. 1. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1991 or until funds run out. k, "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. 1. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits: and Lc jointly establish a monthly payback cohedule not to exceed the current bill plus an agreed upon fraction of all arr_sfages• 12. Responsibilities of the Vendor; a. The vendor shall implement the fallowing provisions: 1. The Vendor will charge the Eligible Hnnsehnid, in the n'rfeJ billing process, the difference between the actual cost or the xome Energy and the amount of the payment made by the County Department; � trrntcd Z. My Household receiving assistance uu�lni the program will hr 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 arc 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; a. The Vendor will notify the Country 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 overpaYmenta, .6 y.'.•'. g"L' +�...a",�",S .�.Jt# "*aer&„eV,L� tt'ih "��6,1:7; r " _ T y+rosr4 _✓t' }F3 Y"1'"l..t"� v..i u'rlE.4°`'�, r 'L�u x�i i'; 'u bane J.≥< , ,,, :. g`C h~tP' T � '.`IFS k "" �.st�i"?4`^�p+2*re, •st ?'" 9".. .tom. , (.r) 2 961983 10-16-1996 01: 15PM FROM TO 1270:577723 F.02 a • ¢ }.v,'#ffix ",Y�..a-:s $3a 'L�Ta � °iw£` �tryt..:->.xi, . • W �. t-771, •c s � ritr� . v -7 .) a 'cgs 7l„� y c: 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 valetas: a) The Househeld 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. s. 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 household me ember.especially dangerous to the health and safety of any app member. 10. (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. 11. The Vendor shall maintain confidentiality of information provided by the County Department about a noueshold's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The vendor shall report any credit balance due to an Eligible Household 3 961983 10-16-1396 01: 169.1 FROM TO 19727527729 n.m, • • when the Household move* 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. 14. The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Nousebold•e request. 15. 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 ltousebold, whichever is applicable, (np 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15. 1997. le. All other requirements of Federal and state laws and regulations shall be adhered to; 15_ 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 inrnme Energy Issishnnrn Program. 20. (Not applicable to bulk tuwl vendors) Inappropriate 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. 21. The Vendor shall establish such fiscal control and fund accounting procedures as may he 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 chew 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 en 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. 22. The Vendor will provide County departments doCamented estimates of home heating costs for the period of November 1, 1995 through April 30, 3996 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall he provided to the County Department within 30 days o£ request. If the Vendor fails to provide estimated home heating Deets for an Eligible Household for the period of November 1, 19x5 through April 30, 1996, 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. 4 961983 4 10-16-1996 01: 17PM FROM TO 19703527729 F'.0 • 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. 23. The Vender will make ray applications available to their customers and offer assistance in completing the applications. The county LEAF office will supply the vendor with applications, brochures and envelopes for the return of the applications. 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement_ Such termination shall include termination of payments on behalf of eligible households and immediate return. of credit balances or refunds owed to the County Department. Such termination is in addition to- all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. r 5 961983 10-16-1996 01:10PM FROM TO 19703527729 P.05 • 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 of Nome Energy payments to be mad n their bee l;cusPholds of the amount their behalf Co the v„stdos. c. The County Department shall make timely payments to the Vendor for Noma 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 19ar. of this Agreement shall be (4;{ cry through september 30, This nt is b, availability�of federalbfunds.ect toInathe event that i contingent nsufficient the continuing as determined by the State or county Department, are available for th as is program, the State or County Department may immediately terminate this Agreement. c. This Agreement maybe 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 oonsent of the County Department. e. The Vendor shall comply with all applicable Federal end State law and reegulations, including cEnergy udi gcftdentiality of all records, and termination and certifi servi,ee, and discrimination. es that it has all licenses, insurance, etc. re The vrndhe provision of Services hereunder. required by law for the f. If the Vendor has provided SO days of continuous service in accordance with provedib the of the Agreement, and the :ousehold moves and is no longer served by vendor, the periods � . 1 bp-Made to the Vendor, the Household owes nn bale L ��"s account. L VENDOR . lssl yI;"v COUNTY COMMISSIONERS Signature A k.. 1� • �' L Z ' '1 � - ltez !ti KIRKMEYER, CHAIR X> ' da► '� �` N.TY BOARD OF COMMISSIONERS Name an: Tit a (Printed or Typed) and Title \ ' iL.C7 C W:_I\ r< , P.O. BOX 758 Company or Business Name Address V; t\1e big c•=N 1()`p r� GREELEY, CO 80632 City zip Code City zip code IQ' lc; cI� 11/04/96 Date Date 6 961983 36 /4 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 10 day of Sept. , 19 96, by and between the Board of County Commissioners of Wcld (county) , acting by and through the Weld County Department of Social Services and United Power, Inc. P. 0. Box 929 Brighton, CO 80601 (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. ii. "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. 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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_ - . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 noon the Eligible Household' s request . 961983 15 . 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be Nov. 1, 1996 through September 30, 1997. 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. q ;,:;;• 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 (a) of the Agreement, = Household moves and is no longer served by the Vendor, the per'..- - �. �,. will be made to the Vendor, unless the Household owes no :!- ti� �. '% ndor's account. COUNTY COMMISSIONERS L%iA6�/�'�SLG/ L 1661 r . 1;1O �� , Sign �.� o _ / . � ' /(..LLB Si to `L. g „P ature Troy Whitmore, Manager of ` -is . 4�ARBARA J. KIRKMEYER, CHAIR WELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) Name and Title United Power, Inc. P.O. BOX 758 Company or Business Name Address Brighton, CO 80601 GREELEY, CO 80632 City Zip Code City Zip Code 9-/o 1 9� 11/04/96 Date YY Date 961983 ri Ci i..,_l P -3 Aft 9: 01 1996 SE LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 30 day of jog , 14, by and between the Board of County Commissioners of /II Oh (county) , acting by and through the Logan �11JJ�� County Department of Social Services and Jbicp] � (CV 't4Uz) (10 "0. A167- 929�y Jb46.d'1 CO ['///51 (vendor name and address) (hereinafter referred to as 1idor) . WHEREAS, Title XXV1 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 . "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 . 96198.3 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department • that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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 . 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household' s request . 96198,3 • 15 . 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 16. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and. .- ,,� Behold moves and is no longer served by the Vendor, the perio. . t, '11 be made to the Vendor, unless the Household owes no bal. C. `i. .• r's account. FUE , COUNTY COMM -SIONERS ignature n¶ re �� �s .�t:ARA J. KIRKMEYER, CHAIR Jhureen l o h n r' ! �!4�"I�ALD COUNTY BOARD OF COMMISSIONERS Name //and Title (Printed or Typed) n Name and Title rl ir/,1 Oil 6a ed. P.O. BOX 758 Company or $95iness Name Address die//n 867-57 GREELEY, CO 80632 City Zip Code City Zip Code L70 44, 11/04/96 Date Date 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household' s arrearage. 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT X�111 Agreement made this .Y day of NI,L2 , 19 ,k-f, and between the Board of County Commissioners,, of I !L(;/l`'-r Q' cc4 (county) , acting by and rLt through the .V)ei County Department of Social Services and R4 )^C) fi rio-!t,it&/ (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXVI of the Low-Income Home Energy Assistance of 1981 (P.L. 97- 35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household. b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling. c. "County Department" means the County Department of Social Services. d. "Non-Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non-bulk fuel includes natural gas and electricity. e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence. g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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. 961983 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 . The vendor shall refund any credit balances to the Eligible Household after may 31, 1997 upon the Eligible Household' s request. 961983 • 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 • 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the perio- "tI ent will be made to the Vendor, unless the Household owes no b- ne,/ , a Vendor's account. :.L VENDOR !!'�- �,Laa24, �`i'IRMAN, COUNTY COM ISSIONERS Olt i _ a,-v i C ‘ Lick LI' /iii /N4 t'L-. Signature _� -jt nature T T i 51 11,7 �ARBARA J. KIRKMEYER, CHAIR is kc' f r}�U, )PS, tit i O®vv/ N ' /WELD COUNTY BOARD OF COMMISSIONERS . Name and Title (Printed or Type'S Name and Title r1/2e.‘aafY1 pt2%pat P.O. BOX 758 Company or Business Name e Address C-,r�'c/cc' g0 to-3 1 GREELEY, CO 80632 City - Zip Code City Zip Code q5K/IC � 11/04/96 Date D Date 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 1st day of October, 1996, 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 referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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. 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household's request. 961983 15. 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; 16 . 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23. 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. 961983 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period' t wilat4 be made to the Vendor, unless the Household owes no ba ender's account. }gn /�, UNTY FUEL CO lL - COMM siffW a King, J . .s ure Vic President �® RA J. KIRKMEYER, CHAIR Gas & Electric Distribution COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typed) ame and Title Public Service Co. of Colorado P.O. BOX 758 Company or Business Name Address Denver 80201 GREET,EY. CO R0637 City Zip Code City Zip Code 11/04/96 Date Date 961983 LOW-INCOME ENERGY ASSISTANCE /,, MENT �/� PROGRAM (LEAP) Agreement made this 62 day of ND�63".OR REE1994 by and between the Board of County Commissioners of (county) , acting by and through he 7- County Department of Social Services and e$er (ail //:G/G i.. � . G. ///;at// J I, mfg ree ' w lJo 5I V/II (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 . 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible ::: hdbO S request . 9619834 • 15 . 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all ,other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 • 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period's •a ent will, be made to the Vendor, unless the Household owes no bale vendi'r's account. FUEL VENDOR V, . . , COUNTY COMM, SSIONERS OC • Signature ( S c h re67 J. KIRKMEYER, CHAIR e ,^_�_� �) )CCU s er' •,.�yJ� ° ^ Ti COUNTY BOARD OF COMMISSIONERS Name and Title (Pri ted or Typed` =vL.`�e and Title 0714-1 P.O. BOX 758 Comu ny or Business Name Address 3 (0!( GREELEY, CO 80632 City ( Zip Code City Zip Code - Y-2 6 11/04/96 Date Date 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) day VENDOR� AGREEMENT }of / /� , 19/ by and between the Agreement made this 6 Board of County Commissioners of (county) , acting by and through the / County Department of Social Services /and / L�`'+nuI y rn e'r PP bit5 // 70. NE 19341 (vendor name and address) (hereinafter referred to as Ve dor) . WHEREAS, Title XXV1 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. ased in e "Bulk Fuel" is an energy quantity from a fuels source home heating upplier and stored by which the household to be bused 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 . "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 nr ason (November 1st through April 30th) . Such costs shall not other such otinclude payment charges not related investigative charges, reconnection fees, or to fuel prices and consumption levels . 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997. or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 _ The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household' s request. 961983 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 3O, 1996, 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. 23 . 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. 961983 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the perio. ' ent 101,1l1 be made to the Vendor, unless the Household owes no ` _ :t4eVe dor's account. FUEL VENDOR k �i:+IRMAN, COUNTY COMMISSIONERS Signatu.e , ` ;M'q'U ature r' /l BARA J. KIRKMEYER, CHAIR S C •.Cv ELD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Type� � ' Name and Title K /V (ne�( %('v 14 c P.O. BOX 758 Company or Busineds//Dame r / / Address SCD:1 /14.(i NE L 9363 GREELEY, CO 80632 City Zip Code City Zip Code G (jl, 0 S (�� 11/04/96 Date Date 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this // day of _, 19$, by and between the Board of County Commissioners of (county) , acting by and through the County Department of Social Services and //JJ �� ��t nl' V� (vendor name and address) (hereinafter ref rred:rag- A? dCaa dodo .6/rd, WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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. 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's d current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. "'g' If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household's request. 961983 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions , a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period' t will 'be made to the Vendor, unless the Household owes no baly1 - Vehdtx'E's account. L 'iR ' air ♦i • , COUNTY COMMISSIONERS QJ y►.rwr. 7. Signa re •� y :Z ure n - .�• '' J. KIRKMEYER, CHAIR WI .� COUNTY BOARD OF COMMISSIONERS 'ame and Title/}(Printed or Typed) - . •ame and Title (/npiteH f-i/y v Di / b/Ye- P.O. BOX 758 Company or mess Name •L�-' Address f,; fK lb, UG,/�_ O GREELEY, CO 80632 /City ip Code City Zip Code / / ff'"" // , 9/_ 11/04/96 ' Date �� Date 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR Agreement made this /6244 day of � AGREEMENT , by and between the Board of County Commissioners of Q I ab (county) , acting by and through thew County Department of Social Services and -Gco) G'Q.S l AC 'c AY( �T Q� \ CO (vendor name and address) (hereinafter referred to as VVVer) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 . 961.983 • Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and 'no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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.11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household's request . 961983 • 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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 i, 1995 through April 30, 1996, 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. 23 . 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. 961983 • • 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the perio. ' ent,..w,ill be made to the Vendor, unless the Household owes no ,;}t'�!�'�r a Vendor's account. FUEL VENDOR P,r � . IRMAN, COUNTY COMMISSIONERS 6 . Sign:tur.� � �'nature 0. _ P•RBARA J. KIRKMEYER, CHAIR �f' 'L I / .N ` �` ELD COUNTY BOARD OF COMMISSIONERS Name and T l (Printed or T,�:\�� � Name and Title C.Ccwto /`�YC(,S him P.O. BOX 758 Company or Business Name Address V' h'/ore1ah CO Co-?6( GREELEY, CO 80632 City I Zip Code City Zip Code - k \ ` 11/04/96 Date Date 961397 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) A,, VENDOR AGREEMENT // Agreement made this W day of nd V. , 199 by and between the Board of County Commissioners of (county) , acting by and through the County Department of Social Services and 464-Gni e 190(0 ,212 /AA) J q('eme > �/ v/> cc—c/a -Tv pi/lo lca/U , C,2) . `7e>>c) (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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. 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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; -'h i:iFs 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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household's arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 • If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and ho holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household' s request . 961983 • 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 • 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 961983 • 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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(a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period's payment, w 11 be made to the Vendor, unless the Household owes no ba -�.C:r�r:ry he Minder's account. 4 FUE VENDOR -IRMAN, COUNTY COMMISSIONERS / lit /� /.:G 4 A/ /4:C.rn" Si ature ature ` ✓4 BARA J. KIRKMEYER, CHAIR [ C e S U-eeK ' 3 ' LD COUNTY BOARD OF COMMISSIONERS Name and Title (Printed or Typ:2y� �. , ame and Title Invl+a/e wee �guiprHPoT P.o. BOX 758 Company or Business Name Address fb r i,(n,erA) ^T 070/ GREELEY, CO 80632 City (� Zip Code City Zip Code ! 11/04/96 Date Date 961983 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR\n AGREEMENT Agreement made this (PIP- Agreement day of 1 `OV. , 19% by and between the Board of County Commissioners of (county) , acting by and through the // County Department of Social Services • and 6L- T-22-1; Co 4,1),c 5>Ales-7z i&nvr y %,-e , �in� � SD/ Ol (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 1 961.983 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 for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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 Assurance that z,f the vendor has .been totzj€zed by the County Department that:;:a hous hold has': been approved for the xasic Program payment that a the versdor sha;al iat ate service, Continue tervace 4e3.zver.':fuel or restore service, whichever is applicable, to the household and 'no approved household shall he terminated from utility services for at laast szrtjr #6�?} days: attar suaiv uot�fzoatz4i u371esS; 1) the el gib1e household is it apeman shUto£f`sztuatton and the LEAP benefit Le. an amount less than 25t o€;the household€'s arrearage, or,: 2 961981 2) the eligible householdL is shut off aid the benefit amount is less than SO% of the household s arrearage if W or (23 ex1sts the vendor gay refuse payment ind not h required to continue'tr zei state service : If tl e vendor zefuses ho adept the.3.F!F benefit,' the vendor shall.:note.€y the county .within three €3} : working_ days and send written; notice:to the eligible household advising ;them the payment will not be accepter and na bolds/reconnect wili(,be otteted Te benefit shall be bald to: the eligible household:: •h) ; The vendor shall make a g4oeI faith! effort; to establish `br xe establish a n installment or modified budget billing arrangement with the approved hnusehold! if the household is in an actual or potential' shut-off situatian at ::any tame during;;;the program year :; Good Faith effort is ined as docuuented �at.tempts :tc reach :el : igible ho :defuseholds through;; phone :contacts,: •written correspond nce and/or personal visits and Ito jointly establish a monthly :payback:: schedule not :to exceed'=the current bill plus an agreed upon fraction 'o€ all arrears:: 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. (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. 11. 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; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The vendor shall report any credit balance due to an Eligible Household 3 961983 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. 14. The vendor shall refund any credit balances to the Eligible Household after May 31, 1997 upon the Eligible Household's request. 15. 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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, 4 961983 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. 23. 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. 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. 5 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period' ;��y- .t will be made to the Vendor, unless the Household owes no ba .4:*,-Eta%Vendor's account. FUEL VENDOR s, ' reset— , COUNTY COMMI SIONERS 1861. •6-1 Si• .at- re �' �' 1 ure - BARA J. KIRKMEYER, CHAIR e. f e• S eACOAPuM♦:� fe.� 40 LD COUNTY BOARD OF COMMISSIONERS NameTyped)nd Title (Printed or C �ame and Title }(Me tcArJ C r C - flood P.O. BOX 758 Company or Business Name 1 Address rig\\-k-or-)Q 3060 I GREELEY, CO 80632 City 1 Zip Code City Zip Code rj ^ 9_4> 11/04/96 Date Date 6 961983 LOW-INCOME ENERGY ASSISTANCE %• �S• PROGRAM (LEAP) VENDOR AGREEMENT /Agreement made this (P' day of AY, , a by and between the Board of County Commissioners of (county) , acting by and throughthe County Department of Social Services and /76-7,S21110 7-11/G • CC ✓19X 3 3 g Ia7*( c, o SD6 /s (vendor name and address) (hereinafter referred to as Vendor) . WHEREAS, Title XXV1 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. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling. h. "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 . 961983 Estimated home heating costs for an applicant household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1995 through April 30, 1996 for the household's current primary residence. Vendors are required to provide actual home heating costs if available. i. "Program Year" means from November 1, 1996 through April 30, 1997 or until funds run out. j . "Eligibility Period" means there is one eligibility period for the program year - November 1, 1996 through April 30, 1997 or until funds run out. k. "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. 1. "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 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. Assurance that if the vendor has been notified by the County Department that a household has been approved for the Basic Program payment that: a) the vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the household; and no approved household shall be terminated from utility services for at least sixty (60) days after such notification unless: 1) the eligible household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the household' s arrearage, or; 2) the eligible household is shut off and the benefit amount is less than 50% of the household's arrearage. 961983 If (1) or (2) exists the vendor may refuse payment and not be required to continue or reinstate service. If the vendor refuses to accept the LEAP benefit, the vendor shall notify the county within three (3) working days and send written notice to the eligible household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the eligible household. b) The vendor shall make a good faith effort to establish or re- establish an installment or modified budget billing arrangement with the approved household if the household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as 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 arrears. 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. (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. 11. 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; 12 . Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13 . 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. 14 . The vendor shall refund any credit balances to the Eligible Household after May 31 , 1997 upon the Eligible Household' s request . 961983 15 . 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; 16. 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; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1997. 18 . All other requirements of Federal and State laws and regulations shall be adhered to; 19. 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. 20. (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. 21. 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 on 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. 22 . The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1995 through April 30, 1996 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, 1995 through April 30, 1996, 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. 23 . 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. 961983 24. Non-compliance by the vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of eligible households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. • 961983 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 on their behalf to the vendor. c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement. d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions a. The term of this Agreement shall be through September 30, 1997. 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. ?z ,i 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 (a) of the Agreement, and the Household moves and is no longer served by the Vendor, the perio.OIn•t;sv;ent will be made to the Vendor, unless the Household owes no -:,:.- % % Vendor's account. VENDOR, , COTYISSIONERS CIt , L �'//4�._ �. ;r.' Signature `� " air ature P _ • ,� �ARBARA J. KIRKMEYER, CHAIR. , , P F. i� •��4:0).rl ,�I WELD COUNTY BOARD OF COMMISSIONERS Name and Titl;' (Printed or Typed Name and Title `--- P.O. BOX 758 o any or ussiiness Name Address ��c//y^7-�, 6 806,5 GREELEY, CO 80632 C, City Zip Code City Zip Code 9/_1/q� 11/04/96 Date Date 961983 111(10 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A ' GREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 C Child Support(970) 352-6933 Services O Protective and Youth Sces (970) 352-1923 Food Stamps (970) 356-3850 COLORADO Fax (970) 353-5215 MEMORANDUM TO: Barbara J. Kirkmeyer, Chair, Board of Weld County o 'ssioners FROM: Judy A. Griego, Director, Social Services SUBJECT: Low Income Energy Assistance Program (L AP) ndor A ee DATE: October 29, 1996 Enclosed for Board approval are the following Low Income Energy Assistance Program (LEAP) vendor agreements for the 1996/97 program year. 1. Agland, Inc. 9. Public Service of Colorado 2. American Pride Coop 10. Ram Propane 3. Butane Power & Equipment 11. Sterling Oil 4. Econo Gas 12. United Power 5. Empire Gas of Denver 13. Weld L P Gas 6. K N Energy 14. Wyco L P Gas 7. Greeley Gas Company 15. Wiggins Coop 8. Keyser Coal Under the LEAP vendor agreement, a client's LEAP benefit is sent directly to the vendor. If you have any questions, please telephone me at extension 6200. Enclosure 961983 Hello