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Home My WebLink About972345.tiffRESOLUTION 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 Vendor Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the following vendors: 1. Agland, Inc. 9. Keyser Coal 2. American Pride Coop 10. Public Service Company 3. Butane Power and Equipment 11. Ram Propane 4. All Star Gas of Denver 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 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 Vendor Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Social Services, and the above mentioned vendors be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreements. 972345 SS0023 CG: SS, Vendors (14) SIXTEEN LEAP AGREEMENTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of October, A.D., 1997. BOARD OF COUNTY COMMISSIONERS ATTEST Weld BY: AP Depu'�' I r fl►y ^ oard AS TO FORM: ounty Attorn WELD COUNTY, COLORADO / George Baxter, Chair stance L. Harbert, Dale K. Hall EXCUSED Barbara J. Kirkmeyer W. H. Webster 972345 SS0023 tr. LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this /5 day of Septew, c-) e r , 19 5 7 , by and between the Board A/CCa7 (county), acting by and through the of County Commissioners of County Department of Social Services and )CeLJ ser (2)a -J C r v `kt'n I ne , 601 11th ST Greeley,Co 80631 r (vendor name and address) (hereinafter r (erred 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; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; J. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. 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 (f)(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 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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request, If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov 1.1997 through September 30, 1998; 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 .-S4/14f-a>-1 Signature Sh4 co El J. KQ sir. ✓ Pr CS Name and Title (Printed or Tyed) —O2-c c L /� S a r Co a- c I N� L a G Co panyBusiness Name City 9-L' g7 F17b 3 I Zip Code CHAIRMAN, COUNTY COMMISSIONERS George E. Baxter Name and Title (Printed or Typed) P.O. Box 758 Address Greeley, Colorado 80632 City Zip Code 10/29/97 Date Date t +'C LOW-INCOME ENERGY ASSISTANCE PROGRAM EAP) 16`. VENDOR AGREEMENT peT ,3 P„ Agreement made this day of , 19 , by and between the Board of County Commissioners of 7iv- Liz (county), acting by and through the County Department of Social Services and AGLAND INC. P.0.Box 338 Eaton, Co 80615 (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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November I, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: I . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nnv 1 ,1 997 through September 30, 1998; 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 Signature A/47',i E ame and Title (Printed or Typed) CHAIRMAN, COUNTY COMMISSIONERS /Signatur George E. Baxter (10/29/97) Name and Title (Printed or Typed) P.O. Box 758 Company/Business Name Address �C 77 City Zip Code koD Greeley. Colorado 80697 City Zip Code 10/29/97 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM1,(LEAP) VENDOR AGREEMENT Agreement made this /g day of et , 19 9.7 , by and between the Board of County Commissioners of /it,/ L-73 (county), acting by and through the L 1i) County Department of Social Services and i� Z .2X.c) /'2T 5,W 4"C" /-t2 gfc9/V _ -41.7i ✓ efice,'ra t'1 ea a `�'sl 0/ (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g. "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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; "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (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; 11 . The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18_ All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this, Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov 1 ,1997 through September 30, 1998; 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. CHAIRMAN, COUNTY COMMISSIONERS Signature 0 Name and Title (Printed r Typed) ompany/Business Name &./C- /T epic-, City Date g2(D/ Zip Code George E. Baxter (10/29/97) Name and Title (Printed or Typed) P.O. Box 758 Address Greeley. Colorado 80642 City Zip Code 10/29/97 Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT tie _ Jth SEPTEMBER 97 Agreement made this day of , 19 . by and between the Board n C.0 1 t o of Count}lr'tbrttt$issioners' of Lt/£ t (county), acting by and through the A -1-€ L21") County Department of Social Services and BUTANE POWER & EQUIPMENT CO. P.O. BOX 1447 FORT MORGAN, CO 80701 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Herne 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; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: I . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: I) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21 The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November I, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November I, 1996 through April 30, 1997, 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 bear,,, t ,1997 through September 30, 1998; 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; e. 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 KEVIN CYR, MANAGER Signature George E. Baxter (10/29/97) Name and Title (Printed or Typed) Name and Title (Printed or Typed) BUTANE POWER AND EQUIPMENT CO. Company/Business Name P.O. BOX 1447 FORT `MORGAN, CO 80701 City Zip Code 9-8-97 Date Date P 0. Box 758 Address Greeley. Colorado 80632 City Zip Code 10/29/97 LOW-INCOME ENERGY ASSISTANCE PROGRAM (I/EAP)I" VENDOR AGREEMENT / Agreement made this c.ab5 day of dC':ZG i , 19 9% , by and between the Board of County Commissioners of A f_- L n (county), acting by and through the County Department of Social Services and -P.,.7,�,� (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; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (0 sections (0(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; II. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov t , t 997 through September 30, 1998; 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 -R /4 /d Signature Signa e 0-,Aper4 rnu.° /A,t(LM - Name and Title (Printed or Typed) ray Company/Business Name City Date Zip Code George E. Baxter (10/29/97) Name and Title (Printed or Typed) P.0. Box 758 Address Greeley. Colorado 80612 City Zip Code 10/29/97 Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) C^jI Agreement made this 629/4 day of �cCd2 , 19 97 , by and between the Board, of County Commissioners of Zc/c L) (county), acting by and through the VENDOR AGREEMENT County Department of Social Services and ECONOGAS P.O.Boa 934 Ft Morgan , CO 80701 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling; h. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; "Eligibility Period" means there is one eligibility period for the program year November 1, 1997 through April 30, 1998 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules; 1. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears: 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(1), (0(2), (0(3), and (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; 1 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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov 1 , t qqi through September 30, 1998; 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 Sign c eve. A? -Opealistets Name and Title (Printed or Typed) jeOna Qct S / Lie. Company/Business Name R. Air a City 930' ,7 Date Date F070/ Zip Code CHAIRMAN, COUNTY COMMISSIONERS ttf George E. Baxter (10/79/47) Name and Title (Printed or Typed) P.O. Box 75R Address Greeley. Colorado 80632 City Zip Code 10/29/97 • LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT �r. Agreement made this N day of , 19 (17 , by and between the Board of County Commissioners of (county), acting by and through the l D `r�C) County Department of Social Services and ICS('.t akIL 0,C2490atwe C_ncc ckem JCifx 1,51 C ) 51 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling; h. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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; "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: I . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(1), (0(2), (0(3), and (f)(4); 10. (Not applicable to bulk fuel suppliers) 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 l . The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 beNnv 1 ,1997 through September 30, 1998; 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 Name and Title (Printed or Typed) I(I.11 1 01D Coml(a4y/Business Name City C Date CHAIRMAN, COUNTY COMMISSIONERS U,ract 1` George E. Baxter (10/29/97) Name and Title (Printed or Typed) Zip Code P.O. Box 758 Address Greeley. Colorado 80632 City Zip Code 10/29/97 Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this A9/A day of et! Ze.�1i14/ , 19 91 , by and between the Board of County Commissioners of it/gCl) (county), acting by and through the 7 County Department of Social Services and /�/,,V &,- - - 9 . D . 'P-nx HID SCr3 sL% WE 493g 3 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g i. "Program Year" means from November I, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November I, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (0 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; 11. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov 1 • i qqi through September 30, 1998; 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 Oatayki Signature/ SeCwe-, OS&L L„ Name and Title (Printed or Typed) Name and Title (Printed or Typed) Signa re 1O &OWL L4r. Company/ B u s ine SName 9343 City Zip Code 9-/D 97 George E. Baxter P.O. Box 758 Address Greeley. Colorado 80632 City Zip Code 10/29/97 Date Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of , 19 77 , by and between the Board of County Commissioners of (county), acting by and through the County Department of Social Services and Public Service Company of Colorado. 1400 Glenarm Place, Denver, Colorado 80202 (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity and natural gas; c. "County Department" means the County Department of Social Services; d. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; e. "Estimated Home Heating Costs" are the amount of the Home Energy Costs incurred during the previous heating season to be used as an estimate or projection f 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 Energy Costs for an Applicant Household shall consist of the total actual Home Energy Costs for the Primary Heating Source for the period of November I, 1997 through April 30, 1998 for the Household's current primary residence. Vendors are required to provide actual Home Energy Costs if available; f. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules. F:`\.. WP51\PSC0\VEND0R.AGT II. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: I. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received from the County Department for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing, no less often than monthly, of amounts received from the County Department and credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments by the County Department; 7. If the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification, unless: 1) the Eligible Household is in a pending shutoff situation and the amount of the County Department payment is less than 25% of the Household's arrearage, or; 2) the Eligible Household is shut off and the amount of the County Department payment is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment from the County Department, in which event Vendor shall not be required to continue or reinstate service. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county within three (3) working days and send written notice to the Eligible Household advising them the payment will not be accepted and no holds/reconnect will be offered. F:AWP51APSCOAVENDOR.AGT b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits as Vendor in its sole discretion deems appropriate; and reasonable attempts to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears (which fraction need not be less than one -sixth); 8. The Vendor till 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 b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the LEAP Program payment if such Household presents to the Vendor a medical certificate, 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 (t)(4); 10. If the Vendor has been notified by the County Department that a Household has applied for the LEAP Program, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 11. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses Vendor (up to the amount paid on behalf of an Eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 upon the Eligible Household's request; F:\WP5ITSCOWENDOR.AGT 15. In the event that service cannot or will not be delivered by the Vendor to the Household, the credit balance due to the Household (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 16. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf to he 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. 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 November 1, 1997 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1997 through April 30, 1998, 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's service, skips in service, or other reasons as established by the Colorado State Department of Human F:\ WP51\PSCO\ VENDOR.AGT 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, an amount of payment for each Eligible Household; b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalf to the Vendor; c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement; d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations; IV. General Provisions: a. The term of this Agreement shall be November 1, 1997 through September 30, 1998; 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 F:\WP51 \PSCO\V ENDOR.AGT 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 serviced by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS LiAILL Signature 'Signature David Wilks President, Marketing & Services Name and Title (Printed or Typed) George E. Bnxter, Chair Name and Title (Printed or Typed) Public Service of Colorado P.0, Box 758 Company/Business Name Address Denver 80201 City Zip Code O c . Sr MI Date Date Greeley. Colorado 80632 City Zip Code q LEGAL OK: Ducker, Seawell & Montgomery P.C. Date: 0 1/ 9 7 F:A W P51 \PSCOV V ENDOR.AGT 10/29/97 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this * day oft n , 19 r 7 , by and between the Board y Commissioners of itJEt-/) (county), acting by and through the County Department of Social Services and Ro ✓ - Proinc Msz, Qb4u I /Th AUF. fD-6-1 Cbrec e9 goir53t (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. -`:oW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g i. "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j "Eligibility' Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (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; 11 The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this, Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov 1,1997 through September 30, 1998; 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 Sign tal;re ITILLA George E. Baxter. Chair Name and Title (Printed or Typed) Name and Title (Printed or Typed) ROM r ep Company/Busin s Name biriedLij City C145/(17 Date Date Zip Code P.O. Box 758 Address Greeley. Colorado ROF,77 City 10/29/97 Zip Code LOW-INCOME ENERGY ASSISTANCE PROGRAM (LE/AP)r, VENDOR AGREEMENT Agreement made this j) day of,Vp-le IYi h-er ,.19 _, by and between the Board of County Commissioners of t4J€ (...') (county), acting by and through the County Department of Social Services and "r1l" O Cif f C as 00 ', P.u.Aox qgq, S-uri' n3 cn ,c51 (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; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: I . The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (1) sections (0(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; 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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; • 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov. 1 t g97 through September 30, 1998; 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. Signature ha rein . h n - c rel tv y Name and Title (Printed or Typed) a4eArin Oil (xis Cc. CompanyBusihness Name .A-crifoc\ City Zip Code gc-5/ Cl 10 617 Date Date CHAIRMAN, COUNTY COMMISSIONERS Signatu George E. Baxter. Chair Name and Tide (Printed or Typed) P.0 Ynx 758 Address Greeley. Colorado 80632 City Zip Code 10/29/97 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this 26th day of September of County Commissioners of 1,11- , 19 97 , by and between the. Board, /Utz"i7 (county), acting by and through the J ) County Department of Social Services and United Power, Inc. P. 0. Box 929, Brighton, CO 80601 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; g i. "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(1), (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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be NOV 1,1991 through September 30, 1998; 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 Sig tore YYoy L. Whitmore Manager of Customer Services Name and Title (Printed or Typed) United Power, Inc. Company/Business Name Brighton City 1, 9_26"%% 80601 Zip Code CHAIRMAN, COUNTY COMMISSIONERS i ignature George E. Baxter. Chair Name and Title (Printed or Typed) P.O. Box 758 Address Greeley, CoJorado 806'32 City 10/29/97 Date Date Zip Code Agreement made this OM day of of County Commissioners of LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT t eZikeiz., , 19 q', by and r the -Saard T /tif L (county), acting by and through4tie County Department of Social Services and WELD LP GAS P.O.BOX 365 Platteville. Co 80651 (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, recognection 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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(1), (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 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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21 The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 be Nov I. t qui through September 30, 1998; 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 ignature !Signatu J- c tc , (aESL))F..uf) George E. Baxter. Chair Name land Title (Printed or /Typed) ttiw L P Cry, Company/Business Name Ti—ATTr.t1 VC- <.E/ L.) City /00(6).7 Date Date RD& Zip Code Name and Title (Printed or Typed) P.O. Box 758 Address Greeley. Colorado 80649 City Zip Code 10/29/97 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this � day of 5=,}e rn 1 e r , 1991 , by and between the Board (county), acting by and through the Lv `zL e� County Department of Social Services and wycam C P C,tj ) of County Commissioners of (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, thercfore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. "Non -Bulk Fuel" is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; e. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling; h. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November I, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(I), (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 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. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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. 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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. Ill. County Responsibilities: a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household; b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalf to the Vendor; c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement; d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions: a. The term of this Agreement shall be Nov 1,1g97 through September 30, 1998; 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 Litv._QtTh ,Signa Lure 1 i w Q 4. rc`r Name aind Title (Printed or Typed) ti yC o L P Company/Business Name City Date George E. Baxter. Chair Name and Title (Printed or Typed) P,0. Box 758 Address LXAc) Greeley, Colorado 80632 Zip Code City Zip Code 10/29/97 Date LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this day of ,,19 by and between the Board of County Commissioners of (A)__L7 (county), acting by and through the W &.L1.) County Department of Social Services and /0/66 Lv5 ©UD? /ti/C3 /1)1 6 4 IA` c 1'Q 6-LY 113 CENTRAL Wiggins,Co 80654 (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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 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 applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor shall make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (0(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; 11 The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 upon the Eligible Household's request; li. 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, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor; 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November I, 1996 through April 30, 1997, 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. 4y4e74,4-efieur Cgna Siy� nature // Signatu e /� b)/h SEX) 7;1�4e) George E. Baxter, Chair Name and Title, (Printed or Typed) Name and Title (Printed or Typed) a)/ / G 6/a3dOOX -27U o CompanyBusiness Name IV. General Provisions: a. The term of this Agreement shall be Nov ,1 ,1997 through September 30, 1998; 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. r FUEL VENDOR CHAIRMAN, COUNTY COMMISSIONERS l.1' /6G/NS City Zip Code 9g D .77 P.O. Box 758 Address Greeley, Colorado 80632 City 10/29/97 Date Zip Code LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)?, r ,. VENDOR AGREEMENT /5,^: 0r j Agreement made this O96`1 day of October ,.19 97 , by and between the Board of County Commissioners of ,&J .L.27 (county), acting by and through the A 4 County Department of Social Services and Greeley Gas Company P.O.Box 1200 Greeley,co 80632 (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; h. "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 period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 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: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department; 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or; 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county 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 applicaple. 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 cr modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (0 sections (f)(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; 11 The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the Household moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Department within ten (10) working days. The Vendor must return such credit balance to the County Department within ten (10) working days of a county request; 14 The Vendor shall refund any credit balances to the Eligible Household after May 31, 1998 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, 1998; I 8 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 November 1, 1996 through April 30, 1997 for any Eligible Household using their service. Such estimates, if possible, shall be based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, 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 bego„ 1 1997 through September 30, 1998; 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 L Signsktfre 41;cuael George E. Baxter Name and Title (Printed or Typed) t 1/to (v Name and Title (Printed or Typed) P.O. Box 758 inesg Name Address d(e)3Z C( Zip Code Greeley. Colorado 80617 City Zip Code 10/29/97 Date Date 95'7 COT I6 U ADDENDUM TO LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT The Greeley Gas Company business office will be closing to the general public effective November 17, 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 day of October, 1997: 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. e Fuel Vendor Chairman, County Commissioners mats LL /77, /€...044 IIIlk COLORADO TO: FROM: SUBJECT: DATE: DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, COLORADO 80632 Administration and. Public Assistance (970) 352-1551 Child Support (970) 352-6933 Protective and Youth Services (970) 352-1923 Food Stamps (970) 356-3850 Fax (970) 353-5215 MEMORANDUM George E. Baxter, Chair, Board of Weld Co Judy A. Griego, Director, Social Services Low Income Energy Assistance Program October 23, 1997 my Commissioners Enclosed for Board approval are the following Low Income Energy Assistance Program (LEAP) Vendor Agreements for the 1997/1998 program year. 1. Agland, Inc. 2. American Pride Coop 3. Butane Power & Equipment 4. All Star Gas of Denver 5. Econo Gas 6. High Plains Coop 7. KN Energy 8. Greeley Gas 9. Keyser Coal 10. Public Service Company 11. Ram Propane 12. Sterling Oil 13. United Power 14. Weld LP Gas 15. Wyco LP 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 6200. Enclosure To: Judy Griego From: Rich Rowe Subj: Board Approval of LEAP Vendor Agreements Date: October 20, 1997 The attached LEAP Vendor Agreements for the 1997/98 LEAP season are ready for Board approval. 1. Agland Inc. 2. American Pride Coop 3. Butane Power & Equipment 4. All Star Gas of Denver 5. Econo Gas 6. High Plains Coop 7. KN Energy 8. Greeley Gas 9. Keyser Coal 10. Public Service Company 11. Ram Propane 12. Sterling Oil 13. United Power 14. Weld LP Gas 15. Wyco LP Gas 16. Wiggins Coop Attached are three copies of each vendor agreement. To expedite the process would you please ask the clerk to the Board to prepare a resolution for concurrent approval. A sample of last year's resolution is attached. The vendor agreement makes it possible for us to send the LEAP benefit directly to the vendor. Hello