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Home My WebLink About992579.tiff RESOLUTION RE: APPROVE FOURTEEN LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENTS AND AUTHORIZE CHAIR 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 fourteen Low-Income Energy Assistance 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. 8. Public Service Company 2. American Pride Coop 9. Ram Propane 3. Butane Power and 10. Sterling Oil and Gas Equipment 11. United Power 4. Econo Gas 12. Weld LP Gas 5. Greeley Gas Company 13. Wiggins Coop 6. Keyser Coal 14. Wyco LP Gas 7. KN Energy 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 are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Board of Social Services, that the fourteen Low-Income Energy Assistance Program 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 Chair be, and hereby is, authorized to sign said agreements. 992579 1 SS SS0026 FOURTEEN LOW-INCOME ENERGY ASSISTANCE PROGRAM VENDOR AGREEMENTS WITH VARIOUS VENDORS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS ' COUNTY, COL SRA.O a4' ATTEST: , '� z � .. ._ -I K. Hall,hair Weld County Clerk to the Bo rd e cyv vi �, i .wltbar- J. Kirkmeyer, Pr.-Tem BY: /a Ore , <i. :�-^ Deputy Clerk to the Board Ou -Kpfl �� - IN 'Georg xter APPROVED AS TO FORM: ,�fw . J. eile 1Gduniy Attorney Ail) Glenn Vaad 992579 SS0026 . 0 F. - ` '' DEPARTMENT OF SOCIAL SERVICES PO BOX A GREELEY,CO 80632 Administration and Public AssiWnce(970)352-1551 Child Support(970)352-6933 Protective and Youth Services(970)352-1923 MEMORANDUM COLORAI�?0: Dale K. Hall, Chair Date: October 21, 1999 Board of County Commissioners FR: Judy A. Griego, Director, Social Services Low-Income Energy Assistance Program AP Vendo RE: g ( Agreements Enclosed for Board approval are the following Low-Income Energy Assistance Program (LEAP) Vendor Agreements for the 1999/2000 program year. The LEAP Program assists eligible clients who need assistance with heating bills. 1. Agland, Inc. 8. Public Service Co. 2. American Pride Coop. 9. Ram Propane 3. Butane Power and Equipment 10. Sterling Oil and Gas 4. Econogas 11. United Power 5. Greeley Gas Co. 12. Weld LP Gas 6. Keyser Coal 13. Wiggins Coop. 7. KN Energy 14. Wyco LP Gas Under the LEAP Vendor Agreement, a client's LEAP benefit is sent directly to the vendor. If you have any questions, please telephone me at extension 6510. 992579 StSfi0,;2(0 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 27th day of October ' ,19 99 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and Aila9n' _rile,2—Ci o /174/7 e 77e, . ties;ern �d B2JGA5 (vendor name and address)(hereinafterreferred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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 eleccricity; 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; 99197/ i. "Program Year" means from November I, 1999 through April 30. 2000 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year- November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "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: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. [f(I) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article(1) sections (f)(1), (0(2), (0(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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,(uo 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 15,2000. 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 Program 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 the 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 November through April of the prior year 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,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; 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 Enernv payments to be made on their behal No 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 beNOVE BER,1999through September30, 2000; 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; 1, r e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 periods payment will be made to the Vendor,unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN,COUNTY COMMISSIONERS ��Z�it?1; ��i9�4� n Signatur t a ore l"O Dale K. Hall, Chair _ Name and rte( tinted or Typed) Name and Title(Printed or Typed) pier -r7e— 915 10th Street pang usinessName Address Greeley 80631 City ip Cod e1 City Zip Code Date 9//49/47 Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 13 day o f Ocj j$P - ,19 401 ,by and between the Board of County Commissionersof WELD (county),acting by and through the WELD County Department of Social Services and uAr� A -04— eV Or S5 W. i3Rovtt(eri (,A.JE t 4f (O 8O(0O (vendor name and address)(hereinafterreferred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November L 1999 through April 30, 2000 or until funds run our; j. "Eligibility Period" means there is one eligibility period for the program year- November I. 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written-correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten(10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. If(1) or(2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 througi phone contacts. written correspondence andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article(f) sections (f)(1), (f)(2), (0(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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)wil I 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 arid 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 15,2000. 13. 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 Enemy Assistance Program 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 the 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 November through April of the prior year 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,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 complehingthe 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. 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 be1NOVEMBER, € 199 9Through September30, 2000; 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; 1. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 OR CHAIRMAN,COUNTY COMMISSIONERS yl Signatur Il Signature kN\ete4 YTUC.Nt y Dale _K_ Hall,- Chair _ Name and Title(Printed or Typed) - Name and Title(Printed or Typed) tTilltViu& J 1111 (iOP 915 10th Street Company/BusinessName - Address &2b0 I Greeley 80631 City Zip Code City Zip Code Date 10 ((31'11 • Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 2 day of SEPTEMBER ,19 99 , by and between the Board of County Commissionersof WELD (county),acting by and through the W E t, n County Department of Social Services and BUTANE POWER & EQUIPMENT P.O. BOX 1447 17775 RD. 20 FORT MORGAN, COORADO 80701 (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1931 (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 i 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 i current heating season(November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence.Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November I, 1999 through April 30, 2_000 or until funds run out: j. "Eligibility Period" means there is one eligibility period for the program year -November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten(10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayrnents; 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 within 24 hours of notification and continue 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. If(I) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior 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 Hcusehold 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13,article (t) sections(f)(1), (0(2), (F)(3), and (0(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year upon the Eligible Household's request. . 13. 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 15,2000. IS. 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 Program 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 the 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 November through April of the prior year 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,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; 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- HI. 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 beNOVEMBER,199%hrough September30, 2000; 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; n, ler e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 tc the Vendor,unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN,COUNTY COMMISSIONERS i['�f�t } igna re Signature RO E FRENCH OFFICE MANAGER Dale K. Hall, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) BUTANE POWER & EQUIPMENT 915 10th Street Company/BusinessName Address FT. MORGAN, C080701 80701 Greeley 80631 City Zip Code City Zip Code Date 9-2-99 Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • Agreement made this 27th day of October - ,19 99 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and /Como ‘a 5 /se. ?c. &'- 93 y X eA0 y.e n eo Win/ (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L.. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November I. 1999 through April 30. 2000 or until funds run out: j. "Eligibility Period" means there is one eligibility period for the program year- November 1, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written-correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayrnents; 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 within 24 hours of notification and continue 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. If(1) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 throu-h phone contacts. written correspondence andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13,article (f) sections(l:)(1), (f)(2), (f)(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whicheveroccurs 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10) working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Departmentto locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31st of the current year upon the Eligible Household's request. . -...• :wx sF.:uiu Rtm.r5rtbs+r.�.-f,f+�n _.c__.. 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 arid 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 15,2000. IS. 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 Program 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 the 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 Departmentreserve 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 November through April of the prior year 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,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; 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 Enemy 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 beN0VENIBER,1999through September30, 2000; 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 immediatelyterminate 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, 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS Stgna Signature stead alder, -,Q�✓t.IS Ay,:Dale I(, Hall, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) Oil MOC+4 A 915 lath Street CompanyBusinessName - Address Ft Hip v TeX/ Greeley 80631 City Zip Code City Zip Code Date Q- y-[9 Date 10/27/99 , LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this �O day of - ,19% ,by and between the Board of County Commissionersof WELD (county),acting by and through the w E 1, D County Department of Social Services and Giee r ( Gas - airi•0 FAR Box lSgSS( Qr otrC Uo rrx 19 tos-94 (vendor name and a dress)(hereinafterreferred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; • i. "Program Year" means from November I. 1999 through April 30, 2000 or until funds run out: • j. "Eligibility Period" means there is one eligibility period for the program year- November 1, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten(10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. If(1)or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior personal visits: and to jointly establish a monthly payback schedule not to exceed the current bill plus an aggreed 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections(f)(1), (f)(2), (F)(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 11. The Vendor shall maintain confidentiality of information provided by the County Department about a Households 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year upon the Eligible Household's request. . IS. 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 15,2000. 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 Program 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 the 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 November through April of the prior year 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,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; 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 beN0VEMBER,199?hrough September30, 2000; 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 im mediate ly 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; i. e. The 'Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 VENDOR CHAIRMAN,COUNTY COMIIIISSIONERS D • Signature r� Signature l�l :rkr4l.I b em Vp.MT/on≤ V1ty' Dale K, Hall, Chair Name and Title(Printed or Typed). Name and Title(Printed or Typed) (,[. 915 10th Street C pany/B sines Name Address pp G0/0 Greeley 80631 Ct Zip Code City Zip Code Date 9 • • Date 10/27/99 ADDENDUM TO LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT The Greeley Gas Company business office is closed to the general public as of November 17th, 1997. We therefore make the following addendum. The following addendum is made to the Agreement between the Board of County Commissioners of Weld (county) and the Greele Gas Com an 1200 11th Avenue Greeley, CO 80631, Dated, the a I, day of .f,P , 1999 Paragraph 23 of'said Agreement is deleted in its entirety and replaced by the following New Paragraph 23: 23: The Vendor will advise potential LEAP applicants, inquiring by phone, where they may obtain LEAP applications and receive assistance in completing. Fuel Vendor Chairman, County Commissioners C ' I N Dale K. Hall, a r ( 0/27/99) LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 27th day of October - ,19 99 ,by and between the Board of County Commissioners of WELD (county),acting by and through the � County Department of Social Services and Spt 7i7GC4 it —//K-C - (vendor name and address)(hereinafterreferred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year 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, 1999 through April 30, 2000 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1. 1999 throu_:h April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "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: I. The Vendor will charge the Eligible Household, in the normal billing process. the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: I) 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. If(1) or(2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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; S. 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (0(1), (f)(2), (t)(3), and (F)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10) working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the 'Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year upon the Eligible Household's request. . 5. 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 15,2000. 13. 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 Program 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 the 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 November through April of the prior year 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,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 completingthe 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. • Ill. 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 shallbeN0VENBER,199�rough September30, 2000; b. This Agreement is subject to and contingent upon the continuing availabilityof 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, 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 periods payment will be made to the Vendor,unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN,COUNTY COMMISSIONERS ti�5 v e� Sia ature Signature '44r0 '! Str Dale K. Hall, Chair Name and TitLe(Printed or yped) Name and Title(Printed or Typed) ' Kee l ' str' u4 / 'rt-ck y �14 915 10th Street _ CompanyB (pi ' Address tea gO41/ Greeley 80631 City Zip Code City Zip Code Date 2- ;97 • Date 10/27/99 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 27th day of October ,19 99 ,by and between the Board of County Commissionersof WELD (county),acting by and through the w F t. D County Department of Social Services and rN £n tirq'y hL, d (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence.Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November I, 1999 through April 30, 2000 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten(10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. If(1) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered,whichever is applicable. 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 andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article(0 sections (f)(1),(f)(2), (f)(3), and (0(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The 'Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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 arid 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 15,2000. I3. 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 Program 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 the 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 November through April of the prior year 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,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; 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 beNOVEtttER,1999through September30, 2000; 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; 1. e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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; E 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS St fr 'Li/4k Signature tg ure Sfe+311P.✓1 I,1./'r1 Dale K. Hall, Chair Name and Title(Printed or Typed) II Name and Title(Printed or Typed) KN ijnev4t/ tilt. 915 10th Street Company/BusinessName - Address 5Lt)it444tkl[ 64361 Greeley _ 80631 City Zip Code City Zip Code Date 0q 4q Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 27thday of October , 1999 , by and between the Board of County Commissioners of Weld (county), acting by and through the W 1 d _ County Department of Social Services and Public Service Company of Colorado, 550 15th Street, Denver, Colorado, 80202(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L.97-35) provides for Home Energy assistance of Eligible Households;and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: 1. The following definitions shall apply in the interpretation of this 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 and natural gas; c. "County Department" means the County Department of Social Services; d. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; e. "Estimated Home Heating Costs" are the amount of the Home Energy 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 It through April 30'"). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated Home Costs for an Applicant Household shall consist of the total actual Home Energy Costs for the Primary heating Source for the period of November I, 1998 through April 30, 1999 for the Household's current primary residence. Vendors are required to provide actual Home Energy Costs if available; f "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. 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; 1 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 from the County Department 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 received from the County Department and credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments by the County Department; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification, unless: 1) the Eligible Household is in a pending shutoff situation and the amount of the County Department payment is less than 25%of the Household's arrearage, or; 2) the Eligible Household is shut off and the amount of the County Department payment is less than 50%of the Household's arrearage. If(1) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment from the County Department, in which event Vendor shall 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 wilt be offered. 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 as Vendor in its sole discretion deems appropriate; and reasonable attempts to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears(which fraction need not be less than one-sixth); 8. The Vendor will not terminate utility services of a Household approved for the LEAP Program payment less 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 2 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 service or refuse service of a Household approved for the LEAP Program payment if such Household presents to the Vendor a medical certificate, sighted 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections(1)(1), (f)(2), (0(3), and(0(4); 10. If the Vendor has been notified by the County Department that a Household has applied for the LEAP Program, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household,whichever occurs first; 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. Assurance that when a household moves or no longer uses the originally approved vendor, the vendor shall report any credit balance, within ten (10) working days, due to the household (up to the amount paid on behalf of an eligible household, excluding any deposits made by the household) to the county. A reasonable attempt must be made by the vendor and the county office to locate the household. a) If the household is located, the vendor will forward the LEAP credit balance directly to the household within ten(10)working days. b) If the household cannot be located within thirty(30)working days, the vendor will keep the funds available for the household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 2000 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 credit balance due to the Household (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 to the Eligible Household and the date and reason for return by the Vendor; 17. MI funds due to the County Department shall be returned to the County Department no later than August 15,2000; 18. MI other requirements of Federal and State laws and regulations shall be adhered to; 3 it 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. 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 bulling plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program 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 the 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, and 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, 1998 through April 30, 1999 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, 1999 through April 30, 2000, 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; 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; 4 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 canted by changes in applicable laws or regulations; IV. General Provisions: a. The term of this Agreement shall be November 1, 1999 through September 30, 2000; 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 laws and regulations, including confidentiality of all records, 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 serviced 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 VEN11OF `• CHAIRMAN, COUNTY OM SSIONERS Signature Si azure Skip Arnold Vice President., Customer Care Dale K. Hall . Cha i r Name and Title(Printed or Typed) Name and Title (Printed or Typed) Public Service Company of Colorado 915 10th Street _ Company/Business Name Address Denver _ 80201 Greeley 80631 _ City Zip Code City Zip Code 10/27/99 Date Date LwrtP.C. Dalt I0/ ( / 9$c 5 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 00 day of S wr 19 i ,by and between the Board of County Commissionersof WELD (county),acting by and through the w E t. D County Department of Social Services and RQnm &4 WO 35 t-4L pm a 7o► arecie�9 En gDla3y (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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: 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November I, 1999 through April 30, 2000 or until funds run out: j. "Eligibility Period" means there is one eligibility period for the program year- November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; "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: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayrnents; 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 within 24 hours of notification and continue 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. If(I)or(2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article(f) sections(f)(I), (0(2), (0(3), and (0(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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)wil I 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 IS,2000. IS. 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 Program as well as payments to be made directly by the Household; 2l. 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 the 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 November through April of the prior year 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,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; 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 beN0VEMER,199�rough September 30, 2000; b. This Agreement is subject to and contingent upon the continuingavailabilityof 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, 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 periods payment will be made to the Vendor,unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN,COUN YCOMMISSIONERS Si°nature Signature S Dale K. Hall, Chair Name and Title(Printed or Td) Name and Title(Printed or Typed) Ptr t AD pant 915 10th Street Company/BusinessName ` - Address $��a3/7 Greeley 80631 City / - Zip Code City Zip Code Date 91Xbq Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this /fir/ day o f C- fulmar - ,19 ,by and between the Board of County Commissioners of WELD (county),acting by and through the W E T. D County Department of Social Services and„,),- c ....� 0-e a--,cv ≤.1 4, p . .d,c lr u ',v 3�"7 r/ (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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, keroseti8, 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; .ill i. "Program Year" means from November I, 1999 through April 30, 2_000 or until funds run out: j. "Eligibility Period" means there is one eligibility period for the program year - November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable 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 arrearaaes; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: L The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten(10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. l:f(1)or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service,ordeliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article (F) sections (f)(1), (0(2), (f)(3), and (0(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year upon the Eligible Household's request. . IS. 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 behal f 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 15,2000. IS. 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 Program 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 the 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 November through April of the prior year 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,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; 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 beNOVEt1BER,1999through September30, 2000; b. This Agreement is subject to and contingent upon the continuingavailabilityof 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; 1, e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS Signature Signature 'cc r A5/o' .arcs J / e'i /o(ra 7 Dale K. Hall, Chair Name and itle(Printed or Typed) Name and Title(Printed or Typed) Q'c r- C-:,py Cc), 915 10th Street Company/BusinessName - Address S 7r I Greeley 80631 City Zip Code City Zip Code Date /O`/ 2--/rtJ • Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 7g day o f certcmber - 19 99 by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and United Power. Inc. (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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; j 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence.Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November I, 1999 through April 30, 2000 or until funds run our, j. "Eligibility Period" means there is one eligibility period for the program year- November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "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; H. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. [f(1) or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior personal visits: and to Jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; S. 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article (0 sections (f)(1), (f)(2), (f)(3), and (f)(4); 10. (Not appliicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; I I. 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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)wil I 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 15,2000. IS. 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 Program 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 the 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 November through April of the prior year 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,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; 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. IIl. 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 beNOVENBER,199%hrough September30, 2000; 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; 1. ti e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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 VENDO:R CHAIRMAN,COUNTY COMMISSIONERS Signature X Rea Signature Manager of Customer Services Dale K. Hall, Chair Name and Title(Printed or Typed) - Name and Title(Printed or Typed) United Power, Inc. 915 10th Street Company/BusinessName - Address Brighton _ 80601 Greeley _ 80631 City Zip Code City Zip Code Date otiggk49 _ • Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • Agreement made this 10th day of September - ,19 qq , by and between the Board of County Commissionersof WELD (county),acting by and through the w E t, 1) County Department of Social Services and L,.p Cry (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; � .� i. "Program 'fear" means from November I. 1999 through April 30, 2000 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "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: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County' Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. If(1) or(2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service,or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13,article (0 sections(f)(1), (f)(2), (0(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; I I. 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 th.e County Department; 13. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10) working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Departmentto locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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)wil I 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 arid 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 15,2000. I S. 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 Program 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 the 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 November through April of the prior year 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,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; 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 beNOVEKBER,1999through September30, 2000; b. This Agreement is subject to and contingent upon the continuing availabilityof 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 immediatelyterminate 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, 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; I 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS Signature Signature Frank Stewart President Dale K. Hall, Chair Name and Title(Printed or Typed) - Name and Title(Printed or Typed) Weld L.P. Gas Co. , Inc. 915 10th Street Company/Busine:ssName - Address Platteville _ 80651 Greeley 80631 City Zip Code City Zip Code !q Date /— /�- -1 / • Date 10/77/99 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this_ 27th day of October ,19 99 ,by and between the Board of County Commissioners of WEL D (county),acting by and through the W E T. D County Department of Social Services and (vendor name and(address)(hereinafter referred to a Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November I, 1999 through April 30, 2000 or until funds run out: j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; "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: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue utility services for at least sixty(60) days after such notification, unless: I) 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. If(1)or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service,or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 andior 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13,article (f) sections (f)(1), (0(2), (0(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31n of the current year 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)wil I 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 15,2000. 13. 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 Program 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 the 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 November through April of the prior year 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 estimate:dhome heating costs for an Eligible Household,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; 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 beN0VEMBER,1999hrough September30, 2000; 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; �, .i e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, 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; E 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS ct Sig�n-atture Signature kar e \ t c Dale K— Hall, Chair Name and Title(Printed or Typed) - Name and Title(Printed or Typed) C\s 1(\.C . 915 10th Street Comp usinessName 1 Address (\,S vO6S Greeley 80631 City Zip Code City Zip Code Date q (01g9j Date 10/27/99 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 27th day of October - ,19 99 ,by and between the Board of County Commissionersof WELD (county),acting by and through the County Department of Social Services and G o 1 P C s (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low-Income Home Energy Assistance Act of 1981 (P.L. 97-35)provides for Home Energy assistance to Eligible Households;and WHEREAS, the 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. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November I. 1999 through April 30, 2000 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year- November I, 1999 through April 30, 2000 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount allowable based on eligibility and payment determination in accordance with LEAP rules; I. "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 arrearases; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. 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 within 24 hours of notification and continue 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. :[f(1)or(2)exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the County Department 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, nor bulk fuel delivered, whichever is applicable. 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 service or refuse service of a Household approved for the Basic Program payment if such 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 member in the approved Household as prescribed in Colorado P.U.C. 13, article(f) sections(f)(1), (0(2), (0(3), and (f)(4); 10. (Not applicable to Bulk Fuel suppliers) I f the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 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. Assurance that when a Household moves or no longer uses the originally approved Vendor,the Vendor shall report any credit balance,within ten(10)working days, due to the Household(up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household)to the county. A reasonable attempt must be made by the Vendor and the County Department to locate the Household. a) If the Household is located,the Vendor will forward the LEAP credit balance directly to the Household within ten(10)working days. b) If the Household cannot be located, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Colorado Energy Assistance Foundation. 14. The Vendor shall refund any credit balances to the Eligible Household after May 31" of the current year 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)wilI 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 15,2000. IS. 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 Program 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 the 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 November through April of the prior year 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,the County Department shall make any payment; 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; 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. Ill. 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 NOVENBER,1999through September 30, 2000; 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, 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 VENDOR CHAIRMAN,COUNTY COMMISSIONERS %gnature ) Signature lO L r �,�n)n r s.caser Dale K. Hall, Chair Name and itle Printed or Typed) Name and Title(Printed or Typed) W\ Ras 915 10th Street _ � Com anyBusinessName Address 1 y ne -111 pC3Oia- Greeley 80631 City Zip Code City Zip Code Date(--) _of GIDate 10/27/99 Hello