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Home My WebLink About982019.tiff RESOLUTION RE: APPROVE SIXTEEN LOW-INCOME ENERGY ASSISTANCE VENDOR AGREEMENTS WITH VARIOUS VENDORS 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 sixteen 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. 9. Keyser Coal 2. American Pride Coop 10. Public Service Company 3. Butane Power and 11. Ram Propane Equipment 12. Sterling Oil 4. AlStar Gas of Denver/307 13. United Power 5. Econo Gas 14. Weld LP Gas 6. High Plains Coop 15. Wyco LP Gas 7. KN Energy 16. Wiggins Coop 8. Greeley Gas 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 sixteen 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 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. 982019 cc. SJ SS0024 SIXTEEN LOW-INCOME ENERGY ASSISTANCE 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 21st day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELp COUNTY, COLORADO ATTEST: ►��//�'�P%n (�-�/�Ana :,�j�jl�✓,s.1r�c� Constance L. ar ert Ch it Weld County Clerk tip ,; = G _, /�9/� 1)12,117 ,2 2, t y. Y � •- �,� (':.:,:' � W. H" ebster, Pro- em BY: Deputy Clerk to the 1 f org . Baxter VE AS TO FORM: Dale K. Hall rney 2 arbara J. Kirkmeyer 982019 SS0024 Kit a VELD COUNTY 19A CU 19 PH 2. 42 DEPARTMENT OF SOCIAL SERVICES P.O. BOX A I wie CLERK GREELEY, COLORADO 80632 Administration and Public Assistance (970) 352-1551 TO THEE BOARD Child Support(970) 352-6933 Protective and Youth Services (970) 352-1923 Food Stamps (970) 356-3850 COLORADO Fax(970) 353-5215 MEMORANDUM TO: Constance L. Harbert, Chair DATE: October 16, 1998 Board of Weld County Commissioners FR: Judy A. Griego, Director U Social Services 0 U Q RE: Low Income Energy Assistance Program(LEAP) Vendor Agreements Enclosed for Board approval are the following Low Income Energy Assistance Program (LEAP) vendor agreements for the 1998/99 program year. 1. Agland, Inc. 9. Keyser Coal 2. American Pride Coop 10. Public Service Company 3. Butune Power& Equipment 11. Ram Propane 4. AiStar Gas of Denver/307 12. Sterling Oil 5. Econo Gas 13. United Power 6. High Plains Coop 14. Weld LP Gas 7. KN Energy 15. Wyco LP Gas 8. Greeley Gas 16. Wiggins Coop 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. Enclosure 982019 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 21st day of October ,19 98 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and ( -Ci-(ii¢- Kro IP. b . gax 33S E if-et..) Ce 8o6 / 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 mutuallyagreed: 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 Ist 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; L "Program Year" means from November 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 962�O/9 k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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: ? 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 nsade; 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 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 9f0/61 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 (f)(1), (0(2), (f)(3), and (f)(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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; I1. 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" 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 and the date and reason for return by the Vendor; 9Faoi 9 17. All funds due to the County Department shall be returned to the County Department no later than August I i of the current year: I S. All other requirementsof Federal and State laws and regulations shall be adhered to: 19. All Customer Households subject to utility shutoff or who are financiallyunable 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 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; 2I. 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 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 for the period of the prior year,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; 9i1doi 5 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 shallb�ovember 1,199$oughSeptember30, 1999; 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 . Ziaziaze ignature Signature CONNIE SHAPLEY, CUSTOMER SERVI E MGR. Constance L. Harbert, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) AGLAND, INC. 915 10th Street Company/BusinessName Address EATON CO 80615 Greeley. CO 80631 City Zip Code City Zip Code SEPT. 16, 1998 10/21/98 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 9 day of t � f ,199 ,by and between the Board of County Commissioners of WELD (county),acting bA� and through th ZWELD County Department of Social Services and j �j^j�7/ ) �� SP1 ��jr'C ' ' _ 8 O/ (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 thefwith. 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; i. "Program Year" means from November 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9(Ov) ) k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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: 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: 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 tirade; 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 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 91,�oi9 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), (f)(3), and (f)(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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' 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 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 of the current year: IS. All other requirements of Federal and State lags 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 establishingatudeet 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 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 for the period of the prior year,the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior years service, skips in service, or other reasons as established by the Colorado State Department of Human Services. The State and County Departments reserve the right to audit Vendor estimating procedures,and to terminate the Vendor Agreement if estimates are found to be inaccurate or inappropriate; 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; 9ffdd/ 9 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 bJ 0vember 1,19 rough September30, 1999; b. This Agreement is subject to and contingent upon the continuing availabil ity of federal funds. In the event that insufficient funds,as detennined 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. FU L VE OR CHAIRMAN,COUNTY COMMISSIONERS l.!'r e Signature Signature l'pDGtanra T. Harbert. Chair N ame and Title(Printed or Typed) Name and Title(Printed or Typed) e/ z2 / �c / 7/ ��e� 915 10th Street Company/BusinessName Address sd?c,_26jW7)12 c.> Greeley. CO 80631 City Zip Code City Zip Code 9 9? 10/21/98 Date Date 9,S)9?a/ 9 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT • Agreement made this C day of ��e�z/°cef.,•l 9 J�,by andbet�4�'en rHe o'actl of County Commissioners of WELD (county),acting by and through the WELD County Department ofSocial Services and / _C1 9 (47/d zec >'�u �J H7 _ (vendor name and address)(hereinafter referred to as Vendor). crD 7 G 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 mutuallyagreed: 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November I, 1998 through April 30, 1999 or until funds run out: k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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 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 95aoi 9 • 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 (0(1), (f)(?), (0(3), and (f)(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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(September30)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; I S. 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; ggap/91 • 17. All funds due to the County Department shall be returned to the County Department no later than August 1 S of the current year: I S. All other requirements of Federal and State laws and regulationsshall 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 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 for the period of the prior year,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; 98020/ 9 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 b�lovember 1,19 $ough September 30, 1999; 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 2 p -4--)-71.-airs-f L;1�1 Signature y L Signature IRege N/ SFr/toe/Q/1 Cnncrance L. Harbert. Chair Name and Title A (Printed ri or Typed) Name and Title(Printed or Typed) l/i�?_L C JGte7.feQ/r . 91 5 1 0th Street Company/BusinessName �j Address c--let- /y%1%2.. � D �J7L' / Greeley. CO 80631 City Zip Code City Zip Code 9_ / 77 10/21/98 Date Date 9y,20/ c) • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 71 ,r day of October ,I9 98 ,by and between the Board of County Commissionersof WELD (county),actin° d th u(2,h th WELD Cou D a tent of oci ervices d lot (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 panics 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 mutuallyagreed: 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, 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 arrcarages, 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9s, 0/9 • k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: I. "Good Faith Efforts" arc 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: 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(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 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 qr�;O/ 9 17. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year, IS. All other requirementsof 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 establishinga 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; -- 77. The Vendor will provide County departments documented estimates of home heating costs for the period 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 for the period of the prior year,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 b?ovember 1,19.i�ough September30, 1999; 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 Si r Ibhnign //�' r��, 1 U�/✓��/ ///�� Signature ° ` fin + - ( oo9e r Constance L. Harbert, Chair Name and Title(Printed or Typed)p� Name and Title(Printed or Typed) 1 '/i/t Vat tYr(i} PL/c /r1/or 915 10th Street CCo�omj panyBusinessName ((�� tt-�� ct�� Address ( '' moire a©j(2CQ Greeley, CO 80631 City (((I Zip Code City Zip Code 10/21/98 Date Date 95'070/ • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 21st day of October ,19 98 ,by and between the Board of County Commissionersof WELD (county),acting by and through the WELD County Departmentof Social Services and 4e0tvoGa S - Po w; c 3c( ,��l. Md1c2o >^ (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 mutuallyagreed: 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 98 o' C) k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules; 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: 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: 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 rtrade; 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 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; 3. The Vendor will not terminate utility services ofa 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; The Vendor will not terminate service or refuse service ofa 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 (0(1), (0(2), (0(3), and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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 3 of the current year upon the Eligible Households request; 15. In the event that service cannot or will not be delivered by the Vendor to the Household,the total payment amount or the credit balance due to the Household,whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household)will be returned to the County Department within ten(10)working days; 16. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason fcr return by the Vendor; 9ffc;0/ 17. All funds due to the County Department shall be returned to the County Department no later than August I S of the current year: I S. All other requirementsof 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; 2I. 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 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 for the period of the prior year,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 shallbJJlovember 1'199R September30, 1999; 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 V NDO CHAIRMAN,COUNTY COMMISSIONERS • S re //jj JJ �rt� ��]]A� Signature 54-e ire_ aoierT "Opst'/tilts /19r' Constance L. Harbert, Chair Name and Title(Printed or Tykkoed) II Name and Title(Printed or Typed) 'Cebna 915 10th Street Company/BusinessName Address Ft/ / 2'QQst (44 ( Greeley, CO 80631 City / rZip Code City Zip Code 3` - 10/21/98 Date Date • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 1 ) (_ day of 3Q_ pryk b& ,19 9R,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and_ PI f k i p(� nx 15(a • I Co SD-7i/ (vendor name and address)(hereinafierreferred 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 mutuallyagreed: 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 forwhom 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year- November 1, 1998 through April 30, 1999 or until funds run out; 91,,q0/9 b. "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: 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 arreara,es; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 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 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 962oi9 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 h) 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 (I) sections (t)(1), (0(?),(0(3). and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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; 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 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" 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 and the date and reason for return by the Vendor; 98101 9 17. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year: I S. All other requirementsof 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 establishinga 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 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 for the period of the prior year,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; 9.1o' 9 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 0Iovember 1,19 $ough September30, 1999; 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 terminatethis 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 0111 ,1 °IWO Signatu Signature • Constance L. Harbert, Chair Name an Title(Printed or PPr ntedor Typed) ( Name and Title(Printed or Typed) ) � � 915 10th Street Com y/BusinessName Address Greeley. CO 80631 City �� Zip Code City Zip Code 9((l t(4g 10/21/98 Date Date 21a2-°/ LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 71 ct day of October ,19 98 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and mN e $p K jilt) ` tefslo)u44, NF 49363 (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 panics 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; i. "Program Year" means from November 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 93;‘)/ • k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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 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 9Y,27o/ 9 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 (0(1), (D(?), (0(3). and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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(September30)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 and the date and reason fcr return by the Vendor; 17. All funds due to the County Department shall be returned to the County Department no later than August IS of the current year 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 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 for the period of the prior year,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 shallbj4ovember 1,19 Sough September30, 1999; 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 Signatur Signature 5 1 l 0-S1-6k.V✓l Constance L. Harbert, Chair Name an`I Title(Printed or Typed) Name and Title(Printed or Typed) 1 `i" EV1 PA¢`( (' 915 10th Street CompanyBusinesssNafne / Address .S(Z,1-Lsblt.ir X36 /p I Greeley, CO 80631 City Zip Code City Zip Code 9 -2- Q 10/21/98 Date Date 9E / 9 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 13 day of -p 6-v- ,19 9,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and qt 90S (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 arc used in accordance therewith. NOW,therefore it is hereby mutuallyagreed: 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 fonvhom 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 91)0/ • k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 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: 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(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 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 912/ 9 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 ofa 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), (f)(2), (0(3). and (f)(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department hat 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 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 3 l" 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 and the date and reason for return by the Vendor; qg77oiy • 17. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year: I S. All other requirementsof 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 establishinga 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 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 for the period of the prior year,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; 98.;10/9 • 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 shallbcNovember 1,19nou gh September30, 1999; 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,arc 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 � Signature� t1�\ Signature •"�t icttts( 11 tD►,7 ©rPratio�IS Y"`sy ✓ Constance L. Harbert, Chair Name and Title(Printed or Type ) Name and Title(Printed or Typed) SCr, 915 10th Street C mpany/Bu ness ame Address So6� Greeley, CO 80631 ty Zip Code City Zip Code l3 '"LW 10/21/98 Date Date 9f.Avi 9 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 17'h, 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 Greeley Gas Company 1200 11th Avenue Greeley, CO 80631, Dated,the 13 day of Dc .o L r , 199e 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 Constance L. Harbert (10/21/98) 9YaCV 9 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 3 / day of a,.4 ,19 S& ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and k.., Got r - In L, t cc, (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 mutuallyagreed: L 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 forvhom 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9gAU/`% • k_ "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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 within three(3)working days and send written notice to the eligible Household advising them the payment will not he 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), (0(3), and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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. 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 31u 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 and the date and reason for return by the Vendor; 9f,9oi9 17. All funds due to the County Department shall be returned to the County Department no later than August 13 of the current year I3. All other requirementsof Federal and State lays 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 establishinga'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; 2 L 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 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 for the period of the prior year,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 shallb ovember 1,199coughSeptember30, 1999; 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 Signature I ' Signature l�Q•^Ors T kavS� P-fres / Sitc Constance L. Harbert, Chair Name and Title(Printed dr Typed) ((( Name and Title(Printed or Typed) c �`ee/ S¢-/' Coca l �rvCke M Ze_ 915 10th Street CommpanyBusinessName J Address Ore c�� O o 6.3! • /9 Greeley, CO 80631 City Zip Code City Zip Code Sfr.3t 731 10/21/98 Date Date 9 ,;0/ 9 COUNTY#' VENDOR# I 1 1998-99 APPROVED VENDOR DATA INFORMATION 1. Enter yourvendor/businessname: Public Service Catpany/New Century Energies 2. Enter your business mailing address(include zip code). All LEAP information will be mailed to this address: 1400 Glena_na Place Denver CO 80202 3. Enter the name of the LEAP contact person for your business: Tanury Vialpando 4. Enter the business telephone number for your contact person: (303) 571-2405 (area code) telephone number 5. Place a check by the Colorado county(ies)which your business serves either fully or partially: (01) Adams (22) Fremont (43) Montrose (02) Alamosa (23) Garfield (44) Morgan (03) Arapahoe (24) Gilpin (45) Otero _ (04) Archuleta (25) Grand (46) Ouray (05) Baca (26) Gunnison (47) Park _ (06) Bent (27) Hinsdale (48) Phillips (07) Boulder (28) Huerfano (49) Pitkin (08) Chaffee (29) Jackson (50) Prowers (09) Cheyenne (30) Jefferson (51) Pueblo _ (10) Clear Creek (31) Kiowa (52) Rio Blanco (11) Conejos (32) Kit Carson (53) Rio Grande (12) Costilla (33) Lake (54) Routt (13) Crowley (34) LaPlata (55) Sagguache (14) Custer (35) Larimer (56) San Juan (15) Delta (36) Las Animas _ (57) San Miguel (16) Denver (37) Lincoln (58) Sedgwick (L7) Dolores (38) Logan (59) Summit _ (18) Douglas (39) Mesa. - (60) Teller _ (19) .File (40) Mineral (61) Washington _ (20) Elbert (41) Moffat (62) Weld (21) El Paso (42) Montezuma. _ (63) Yuma _ 6. Place a check by the type(s)of fuel serviceprovidedby yourbusiness: Natural Gas Fuel Oil Wood _ Electricity Kerosene _ Other Propane Gas- _ Coal _ 7. Please describe any special conditions,which apply to your deliveries,such asminimum delivery amounts, special charges,etc. If this does not apply to yourbusiness,write"N/A": 9y)0/9 LOW-INCOME ENERGY ASSISTANCE PROGRAM(LEAP) VENDOR AGREEMENT Agreement made this 21st day of October , 19 98 by and between the Board of County Commissioners of WELD (county), acting by and through the WELD County Department of Social Services and Public Service Company of Colorado, 1400 Glenarm Place, Denver, Colorado,80202(hereinafter referred to as Vendor). WHEREAS, Tide 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 andta 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 behalfof the Household; b. "Home Energy"shall include electricity and natural gas; c. "County Department"means the County Department of Snrial 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 L`through April 30t). Such costs shall not include paymentarrearages,investigative charges,reconnection fees,or other such charges not related to fuel prices and consumption levels_ Fcrtmated Home Costs for at Applicant Household shall consist of the total.actual Home Energy Costs for the Primary heating Source for the period of November 1, 1998 through April 30, 1999 for the Household's current primary residence. Vendors are required to.provide actual Home Energy Costs ifavailable; 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. 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 herance of such assiaaner-under applicable provisions of State law or public regulatory requirements; 1 GIS o1 Y • 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 Haasehokrs 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 front 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 enmity 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 will be offered. b) The Vendor shall make a good faith effort to establish or it-establish an installment or modifiedbudget 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 whdnle not to exceed the current bill plus an agreed upon fraction of all arrears(which fraction need.notbe 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 9,c5- oi 9 b) The Household fails to make-the required payments under an installment or modified budget billing plan or arty otherpayment 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, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be espedally 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(e-)(4); 10. If the Vendor has been notifiedby 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 bear made or until the Vendor is notified of the eligibility determination oftheHousehold,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 prated within thirty(30)working days,the vendor will keep the funds available for the household for the remainder of the current frail 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, 1999 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 bailor,- 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. All funds due to the County Department shall be returned to the County Department no later than August15, 1999; 18. All other requirements of Federal and State laws and regulations shall beadhered to; 3 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. Inappropriate cases the Vendor will Amish 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 Hnic.bold 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 fora 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 rctimaies 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, 1998.through April 30, 1999,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 establid'ith by the Colorado State Department of Human Services. The State and County Departments reserve the right to audit Vendor ectimating 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 offeraccirtance 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 caused by changes in applicable laws or regulations; IV. General Provisions: a. The term of this Agreement shall be November 1, 1998 through September 30, 1999; b. This Agreement is subject to and contingent upon the continuing availability of federal fiords. In the event that insufficient fiends,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 fit; 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 FQE O ��,COUNTY COMMIS IONERS Signature r attire -[.✓nt.."�'saa'y ,-ca, 8nature Skip Arnold Dir Accounts&Ser. Constance L. Harbert, Chair Name and Tide(Printed or Typed) Name and Title(Printed or Typed) Public Service Comnanv of Colorado 915 10th Street Company/Business Name Address Denver 80201 Greeley, CO 80631 City Zip Code City Zip Code 10/21/98 Date Date �Ondter. om0otnafy &Cowls,P.C. Pat /(27 / / 9‘ g,Yao/9 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this (z day of her ,19 4k,by and between the Board of County Commissioners of WELD (county),acting,by and through the WELD County Department of Social Services and 17&tn iPAOpa--vtk (01-11-4 ) In'` 4u1 1-)- 161 reel-e, 11 Co Yo to 3j (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 arc 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 forwhom 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" arc 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 arrcarages, 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; gage)/ • • k. "Overpayment" means a Household received benefit; in excess of the amount due that Household 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 .;vback 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: 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 E1.2..ible Household on whose behalf payments are rn'ade; 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 nor:aal billing; 5. The Vendor will notify the County Department in writing no less often than monthly,of amounts credited to an [Jigible 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 with.n 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 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 a 95-070/ 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 ofa 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 (0(1), (0(2), (0(3), and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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 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" 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 and the date and reason for return by the Vendor; 9,y o/ / • 17. All funds due to the County Department shall be returned to the County Department no later than August I i of the current year: 13. All other requirements of Federal and State laws and regulationsshall 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; 2I. The Vendor shall establish such fiscal control and fund accounting procedures as ❑,ay 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 record 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 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 for the period of the prior year,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; T 9fa0/I • • b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalfto 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 shallbd4ovember 1,19tt$ough September30, 1999; 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; 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 CHIRMAN,COUNTY COMMISSIONERS Signature Signature barn Pro pan e Constance L. Harbert, Chair Name e and an nTitle Printed or Typed) Name and Title(Printed or Typed) ' ' Prof Cie 915 10th Street Company/BusinessName Address Creel - 1 gat' Greeley, CO 80631 City Zip Code City Zip Code ID I 71O 10/21/98 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this Inc air oPM I: 18ctober ,19 98 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and J 'Tw/ ti /it, <" C /L X CAS G � X / 7 ,SI`6i2C /Al f Lt, J'C ? �/ (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 panics 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; i. "Program Year" means from November 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9,oi k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: "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 arreara,es; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 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: ? 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 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 installmeritor 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), (0(2), (1)(3), and (f)(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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 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 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' 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 l 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 fcr return by the Vendor; 17. All funds due to the County Department shall be returned to the County Department no later than August li of the current year: 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 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 for the period of the prior year,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; %,;$0/? • b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalfto the Vendor; c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of tins 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 tins Agreement shall b0mb 1,19� oughSeptember30, 1999; 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 71, Signatur Signature /ARR k. F Ptcc.4/201• — /9,4'd1/O cni Constance L. Harbert, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) S i F L/,v( C. /L ' 6 {J C 0 915 10th Street Company/BusinessName Address S r esie E 4?r/ Greeley, CO 80631 City Zip Code City Zip Code 11 - Z`/ —yy 10/21/98 Date Date 9€aoi 7 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 18th day of September ,19 98 ,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)(hereinaferreferred to as Vendor). WHEREAS, Tide 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 there-with. NOW,therefore it is hereby mutuallyagreed: 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 90/9 k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 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 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 98ao'9 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 h) 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), (0(2). (0(3), and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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" of the current year upon the Eligible Household's request; 1 S. 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 of the current year; IS. All other requirementsof 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 establishinga'budget billing plan. The calculation used to establish the Households monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance 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 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 for the period of the prior year,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; 9ydo/9 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 b °vember 1,19ough September30, 1999; 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 Si, re Signature Tr L. Whitmore Manager of Customer Services Constance L. Harbert, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) United Power, Inc. 915 10th Street CompanyBusinessName Address Brighton 80601 Greeley, CO 80631 City Zip Code City Zip Code 9-4-ya 10O11O 98 Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 3rd day of September ,19 98 ,by and between the Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and Weld L.P. Gas Co. , Inc. (vendor name and address)(hereinafter referred to as Vendor). WHEREAS, Tide 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 mutuallyagreed: 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 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9g.)o,9 k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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 tinder 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 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 980,9 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; 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), (0(2), (0(3). and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (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; _ I1. 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 3 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 and the date and reason fcr return by the Vendor; 99ao,I 17. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year: I S. All other requirementsof Federal and State lans 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 b_v 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 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 for the period of the prior year,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; 9q,2oi 9 • 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 shallbJilovember 1,19 roughSeptember30, 1999; 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 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 --eiTelk,I cit.,-9-A-1- da-,-75.-t;e-roz-a,,ttedziZele Signature q Signature Te (.i/�---•SYEcc47/2 t Cnnsranre L. Harbert, Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) Weld L.P. Gas Co. , Inc. 915 10th Streeet Company/BusinessName Address Plat te"i11e 80651 Greeley, CO 80631 City Zip Code City Zip Code 9/ —7b 10/21/98 Date Date 95°20/ el LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Igo& Cr pl Agreement made this 21st day of October ,19 9e 'My AEU t 4'betlgte Board of County Commissioners of WELD (county),acting by and through the WELD County Department of Social Services and WVCU Crlct ). 4 7 (L.C I 4.1 (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; i. "Program Year" means from November Ist through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year- November 1, 1998 through April 30, 1999 or until funds run out; 92ao/9 k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: 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: 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 nsade: 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 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; 3. 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) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit,the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household,whichever occurs first; 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 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 31A 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 and the date and reason for return by the Vendor; giAto 9 17. All funds due to the County Department shal l be returned to the County Department no later than August IS of the current vear, 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 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 for the period of the prior year,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 shall0Tovember 1,19ou gh September30, 1999; 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; 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 lk tgnatur Signature ' ' ocir Conctanre 1 . Harbert. Chair Name anti Titlb(Printed or Typed) Name and Title(Printed or Typed) LI\/U) L `' 915 10th Street CompanyBusinessName Address P (APR (9,024 Cre_eley. CO 80631 City Zip Code City Zip Code q-q- 1 � 10/21/98 Date Date 9 .o/ 9 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 21st day of October ,19 98 ,by and between the Board of County Commissioners of wan (county),acting by and through the WELD County Department of Social Services and a , Q, A/45, CL ale Ccrnd ra L AA so/ N i Go Ira 6 ctf- (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; i. "Program Year" means from November 1st through April 30th or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year-November 1, 1998 through April 30, 1999 or until funds run out; 9&x,9 k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules: I. "Good Faith Efforts" arc 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; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 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 rtsade: 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 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 yfaO/� 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 (1)(1), (0(2), (f)(3), and (0(4); 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit;the Vendor will not terminate services to the Household for ten (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; Il. 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" 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 and the date and reason for return by the Vendor; q5019 17. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year: 18. All other requirementsof Federal and State laws and rc_ulationsshall be adhered to: I9. All Customer Households subject to utility shutoff or who are financiallyunable 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 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 for the period of the prior year,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 b °vember 1,1;Through September30, 1999; 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 immediatelytenninate 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 /0/?i i / Signature � ` ��G' Signature (10/21/98) 1. � I1/J//SOLI . 4? e; Constance L. Harbert. Chair Name and Title(Printed or Typed) Name and Title(Printed or Typed) /____— J� )/�G / $ (). 0 - �u 915 10th Street 'C;omfpanyBusinessName Address J )6 c(4 5 506.x-`/ L Greeley. CO 80631 City Zip Code City Zip Code g - ,-52- 9? 10/21/98 Date Date 0802 Hello