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HomeMy WebLinkAboutC12-313 Goodwill of Southern and Western ColoradoAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND GOODWILL OF SOUTHERN AND WESTERN COLORADO This Agreement ( "Agreement ") dated as of this 910 day of September , 2012, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its County Manager with a mailing address of 500 Broadway, Post Office Box 660, Eagle CO 81631 County "), the County of Pitkin, State of Colorado, a body corporate and politic, by and through its Health and Human Services Director, with a mailing address of 0405 Castle Creek Road, Suite 8, Aspen, CO 81611 ( "Pitkin County "), and Goodwill of Southern and Western Colorado, with a mailing address of 1460 Garden of the Gods Road, Colorado Springs, CO 80907 ( "Contractor "). RECITALS WHEREAS, the County, through its Department of Health and Human Services HHS "), works to promote the health, safety and welfare of County residents of all ages; and WHEREAS, the County and the Board of County Commissioners of Pitkin County Pitkin County ") entered into an Intergovernmental Agreement ( "IGA ") whereby the County agreed to provide and administer the Low - Income Energy Assistance Program LEAP ") on behalf of Pitkin County; and WHEREAS, the County and Pitkin County have determined that it is more economical and efficient to use an outside provider to provide certain administrative services of the LEAP Program; and WHEREAS, the use of an outside provider enhances the ability of the County to conduct the LEAP Program for qualified residents of Eagle County and Pitkin County; and WHEREAS, County wishes to hire Contractor to perform the services outlined in Section 1.1 hereunder; and WHEREAS, Contractor represents that it has the knowledge and expertise to perform the services hereunder; and WHEREAS, County, Pitkin County and Contractor intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with the services and related terms and conditions to govern the relationship between County, Pitkin County and Contractor in connection with the services. AGREEMENT NOW THEREFORE, based upon the representations by Contractor set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1.Scope of Services: 1.1 The Contractor will provide the services more particularly set forth in the attached Exhibit "A" which is attached hereto and incorporated herein by reference. Such Exhibit A is labeled Scope of Services (hereinafter called "Contractor's Services or Services "). The Services are generally described as provision of the Low - Income Energy Assistance Program (LEAP) to qualified Eagle and Pitkin County residents. 1.2 Any revision, amendment or modification of this Agreement shall be valid only if in writing and signed by all parties. Except as may be expressly altered by the amendment, all terms and conditions of this Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 1.3 The Contractor agrees that Contractor will not knowingly enter into any arrangement with third parties that will conflict in any manner with this Agreement. 1.4 Contractor has given the County a proposal for performing the Services and represents that it has the expertise and personnel necessary to properly and timely perform the Services. 2.Term of Agreement: 2.1 The term of this Agreement shall commence upon execution of the Agreement by both parties and shall end on September 30, 2013, unless earlier terminated in accordance with the terms of this Agreement. 2.2 This Agreement may be terminated by either party for any reason, with or without cause, and without penalty upon fifteen (15) days written notice. In the event the Contractor files for bankruptcy or is declared bankrupt or dissolves, County may declare in writing that this Agreement is immediately terminated, and all rights of Contractor and obligations of County are terminated, except payment of accrued but unpaid fees as set forth in Section 2.3 hereof. The LEAP program is federally funded and is contingent upon the continued availability of those funds. If the program funding is decreased, terminated, or becomes unavailable, then the contract and services provided under this Agreement shall be decreased or terminated, accordingly. 2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all incurred costs and hours of work then satisfactorily completed, plus approved expenses. 2 3.Independent Contractor: 3.1 With respect to the provision of the Contractor's Services hereunder, Contractor acknowledges that Contractor is an independent contractor providing Contractor's services to the County. Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or representative of County. 3.2 The Contractor shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Eagle County Board of County Commissioners. 3.3 The Contractor and its employees are not entitled to workers' compensation benefits through the County. The Contractor is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Contractor hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self - employment income, unemployment taxes and income taxes. 4.Compensation: 4.1 For the Contractor's Services provided hereunder, County shall pay to the Contractor the total sum of $12,377.00, representing the Eagle County LEAP allocation of 10,246.00, and the Pitkin County LEAP allocation of $2,131.00. The Contractor understands that this amount is based upon the revised 2011/12 LEAP Allocation for program administration only as set forth in the Colorado Department of Human Services' January 26, 2012 allocation letter for County and Pitkin County, a copy of which is attached hereto as Exhibit `B" and incorporated herein by reference. All parties understand and agree that the above stated amount of compensation may be altered or amended upon receipt of the 2012/13 LEAP Allocation letter from the Colorado Department of Human Services in October 2012. The total compensation allowed under this Agreement shall not exceed 12,377.00, unless agreed to by written amendment signed by all parties and approved in a timely matter. Contractor will not be entitled to bill at overtime and/or double time rates for work done outside normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth in an executed addendum to this Agreement. The parties agree the allocation set forth in this paragraph 4.1 shall constitute full and complete compensation for the Contractor's services under this agreement. 4.2 Contractor must submit invoices by the fifth business day of each month. Invoices shall include a description of Services performed. If County is not satisfied with the completeness of a submitted invoice, County may request Contractor to either revise the invoice or provide additional information. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Contractor for Contractor's Services which are satisfactorily completed. All invoices must be mailed or delivered in- person to the following address to ensure proper payment. Invoices sent by fax or email will not be accepted. 3 b Eagle County Health & Human Services Attention: Kathleen Lyons 550 Broadway P.O. Box 660 Eagle, CO 81631 4.3 If, prior to payment of compensation or reimbursement for services but after submission to County of a request therefore by Contractor, County reasonably determines that payment as requested would be improper because the services were not performed as prescribed by the provisions of this Agreement, the County shall have no obligation to make such payment. If, at any time after or during the Term or after termination of this Agreement as hereinafter provided or expiration of this Agreement, County reasonably determines that any payment theretofore paid by County to Contractor was improper because the services for which payment was made were not performed as prescribed by the provisions of this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment to County. Upon termination of this Agreement as hereinafter provided or expiration of the Term, any unexpended funds advanced by County to Contractor shall forthwith be returned to County. 4.4 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to the County nor shall any payment be made to the Contractor in excess of the amount for any work done in respect of any period after December 31st of the calendar year of the Term of this Agreement, without the written approval in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 5.Indemnification: The Contractor shall, to the fullest extent permitted by law, indemnify, hold harmless and defend the County and its officials, boards, officers, principals and employees from all losses, costs, claims, damages and liabilities, including reasonable attorney's fees and expenses for which County or any of its officials, boards, officers, principals and employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement or are based upon any performance or nonperformance by Contractor and Contractor shall reimburse County for any and all legal and other expenses incurred by it in connection with investigating or defending any such loss, claim, damage, liability or action. 6.Contractor's Professional Level of Care and Additional Duties: 6.1 Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Contractor's 4 s Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to, similar services in the area at this time. Further, in rendering its services hereunder, Contractor shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by Contractor, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Contractor. 6.2 All funds received by Contractor under this Agreement shall be or have been expended solely for the purpose for which granted, and any funds not so expended, including funds lost or diverted for other purposes, shall be returned to County. Contractor shall provide the County with progress reports upon County's request; or Contractor shall furnish progress reports as more specifically set forth in the attached Exhibit "A ". 6.3 Contractor shall maintain, for a minimum of 7 years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. 6.4 Contractor shall be subject to financial audit by federal, state or county auditors or their designees. Contractor authorizes County or its agents to perform audits or to make inspections during normal business hours, upon 48 hours notice to Contractor, for the purpose of evaluating performance under this Agreement. Contractor shall cooperate fully with authorized HHS representatives in the observation and evaluation of the program and records. Contractor shall have the right to dispute. any claims of misuse of funds and seek an amicable resolution with County. a. Contractor shall establish accounting policies and procedures in accordance with established State and Federal laws, rules and regulations. Contractor shall provide its own internal audit and quality assurance function to ensure the integrity of the LEAP Program as operated by the Contractor. Quarterly audit reports shall be available to the County for inspection, as the County deems necessary. b. Contractor shall have an external, independent fiscal audit of its operations prepared annually and provide a copy of such audit to the County within forty- five (45) days of issuance. If Contractor is determined to be a sub - recipient of federal funds, single audit requirements may apply as specified in OMB Circular A -133. 6.5 The State LEAP Office and the State Auditor regularly monitor and audit County programs for compliance with all LEAP rules and guidelines, including time limits for processing applications and using the correct criteria for determining income, vulnerability to heating costs, eligibility, etc. If a program review or audit by State or 5 Federal offices or by the County auditor or contract management staff results in the need for a corrective action plan, Contractor shall develop such plan and implement it after receiving the County's approval. If such an audit results in a financial penalty for the County, Contractor shall be expected to reimburse the County upon demand. 6.6 Contractor shall comply with all applicable federal, state and local rules, regulations and laws governing services of the kind provided by Contractor under this Agreement. Contractor shall be solely responsible for ensuring proper licensing and credentialing of those providing services under this Agreement. 6.7 Contractor shall comply with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin, or handicap. 7.County Responsibilities: 7.1 The County will provide all Outreach Services with the outreach portion of the LEAP allocation. 7.2 The County or the State shall supply the Contractor with applications for the LEAP program and brochures. 7.3 The County, the State and Contractor shall work together to provide application forms to all new applicants for public assistance, non - assistance Food Stamphouseholds, and Medicaid households, as well as prior year LEAP -only households. 7.4 The County shall provide the Contractor with access to the State computer systems and other systems as necessary. 7.5 The County shall monitor the Contractor's performance. Such monitoring may include, but not be limited to, customer service with both clients and vendors; the evaluation of reports submitted by Contractor to the State LEAP data system; monitoring of Contractor's billing processes related to the LEAP Program, including the timeliness of bill submission; evaluation of complaints and complaint resolution; monitoring of the accuracy of records maintained by the Contractor; the number of applications mailed and distributed; number of applications received; number of applications approved and denied; number of emergency cases; and other program outcome measures as may be mutually agreed upon. 7.6 The County shall invoice Pitkin County for Pitkin County's share of the compensation due to Contractor, as set forth in Section 4.1 above, on a monthly basis according to the billing process set forth in the IGA. The parties acknowledge that Pitkin County's share of the compensation due to Contractor is based upon the revised 2011/12 LEAP Allocation for program administration as set forth in the Colorado Department of Human Services' January 26, 2012 allocation letter, attached hereto as Exhibit `B ". Fees for any additional services performed by Contractor, for which Pitkin County will be responsible, will be as set forth in an executed addendum to this Agreement. The County 6 1 will submit a separate invoice for Pitkin County's share of compensation due to Contractor for any such additional services. 8.Pitkin County Responsibilities: 8.1 Pitkin County shall pay all County invoices within thirty (30) days of receipt. Payment should be sent to the Eagle County Health & Human Services at the address set forth in Section 9 below. 9.Notice: Any notice required under this Agreement shall be given in writing by registered or certified mail; return receipt requested which shall be addressed as follows: COUNTY:CONTRACTOR: Eagle County Health & Human Services Goodwill Industries of Colorado Springs Kathleen Lyons Denise Krug P.O. Box 660 2320 West Colorado Avenue Eagle, CO 81631 P.O. Box 6300 970) 328 -8840 Colorado Springs, CO 80934 719) 736 -5713 PITKIN COUNTY: Nan Sundeen Health and Human Services Director Pitkin County 0405 Castle Creek Road, Suite 8 Aspen, CO 81611 970) 920 -5209 10. Insurance: 10.1 At all times during the term of this Agreement Contractor shall maintain in full force and effect the following insurance: Insurance Type Coverage Minimums Workers' Compensation Statutory EmpIoyers Liability, including 500,000 Occupational Disease Comprehensive General Liability, including 600,000 per occurrence or as specified in Broad Form Property Damage the Colorado Governmental Immunity Act, whichever is greater Professional Liability Insurance 500,000 per occurrence 10.2 Contractor shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this 7 Agreement. Copies of the insurance certificates required by this Agreement shall be attached hereto as Exhibit "C" and incorporated herein by reference. 11. Non - Assignment and Subcontractors: Contractor shall not assign this Agreement or employ any subcontractor without the prior written approval of the County Manager. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub - contractors. The Contractor shall bind each subcontractor to the terms of this Agreement The County may terminate this Agreement, if the Contractor assigns or subcontracts this Agreement without the prior written consent from the County, and any such assignment or subcontracting shall be a material breach of this Agreement. 12. Jurisdiction and Confidentiality: 12.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof Venue shall be in the Fifth Judicial District for the State of Colorado. 12.2 The Contractor acknowledges that, during the term of this Agreement and in the course of the Contractor rendering the Contractor's Services, the Contractor may acquire knowledge of the business operations of the County not generally known and deemed confidential. Contractor shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, finn or corporation, any such confidential knowledge or information and shall retain all knowledge and information which she has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the County during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. 13.3 Client specific reports are subject to the confidentiality rules of Section 19 -1- 101, et seq. and 26 -1 -101, et seq., C.R. S., as amended, the federal Health Insurance Portability and Accountability Action of 1996; 42 U.S.C. Section 290 -dd -2, regarding confidentiality of alcohol and drug abuse patient records; and other applicable federal and state law and regulation. 14.4 Contractor shall protect the confidentiality of all records and other materials containing personal identifying information that are maintained in accordance with this Agreement pursuant to applicable state and federal law and regulations. Except as provided by law, no information, including identifying information, in possession of Contractor about any individual shall be disclosed in any form. 13. Miscellaneous: 13.1 This Agreement constitutes the entire Agreement between the parties related to its subject matter. It supersedes all prior proposals, agreements and understandings, either verbal or written. 8 t 13.2 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach hereof. 13.3 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 13.4 The parties may execute this Agreement in counterparts, each of which is deemed an original and all of which only constitute one original. 14. Prohibitions on Public Contract for Services: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. a) Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http: / /www.dhs.gov /xprevprot/programs /gc 1185221678150.shtm c) The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. d) If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 9 i) Notify the subcontractor and the County within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e) The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). f) If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. SIGNATURE PAGE TO FOLLOW ON PAGE 11] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and through its County Manager By:L - eith P. Montag, County Mana : -r COUNT Y OF PITKIN, STATE OF COLORADO By and through its Director of Health and Human Servi -- s By:I I . c/\ 9 , t o . ( c_ • Nan Sundeen, Director, Health and Human Services SIGNATURE PAGE TO FOLLOW ON PAGE 12] 11 CONTRACTOR: By: 54, STATE OF COLORADO SS. COUNTY OF ti2. ea/34) The foregoing was acknowledged before me by this 1 day of bp- 2012. My commission expires: 01 1 Notary Public s? f, tZ)A_PliBUC ) oe 4, 1019P CCAAonnttltiow 12 f EXHIBIT A SCOPE OF SERVICES LOW - INCOME ENERGY ASSISTANCE PROGRAM (LEAP) PURPOSE To provide all administrative aspects of the Low - Income Energy Assistance Program (LEAP), to qualified Eagle and Pitkin County residents. The purpose of LEAP is to assist low- income households to meet their home heating costs, and address home heating emergencies such as residential heating system repairs. The target population is households with the lowest income and the highest heating costs in relation to income and family size. This may include the elderly, the disabled, the homebound and those who are non - English speaking. Renters and homeowners shall be treated equitably. The LEAP program operates under the authority of Title XXVI of the Low- Income Home Energy Assistance Act of 1981 (P. L. 97 -35) and Colorado Code of Regulations, sections 3.120- 3.860.5; and pursuant to the authority granted by the Colorado Department of Human Services regulations as set forth in Staff Manual Volume 3. A copy of the most recent LEAP Program rules and regulations is attached as Appendix 1 to this Scope of Services. These rules are continually revised by the State. The Contractor is expected to operate the program under the current rules and standards for each season. The LEAP program is federally funded and is contingent upon the continued availability of those funds. If the program funding is decreased, terminated, or becomes unavailable, then the contract and services provided under this Agreement shall be decreased or terminated, accordingly. Total annual funding can vary each year and is contingent upon allocation of funds by the Federal and State of Colorado governments to the Eagle County Health and Human Services Department ECHHS) and Pitkin County Health and Human Services Department ( PCHHS). The basic functions of the program include: Outreach Services Customer service and consumer education regarding eligibility and the application process Processing of applications within mandated time limits Determination of eligibility and benefit amounts Data entry into the LEAP data management system Determination and notification of recoveries due from clients and vendors Maintenance of all client records Quality assurance activities. ECHHS will provide all Outreach services utilizing the Eagle County and Pitkin County outreach allocation. 13 Eagle County is ultimately responsible for insuring the processing of applications and determining the benefit amount; however, Contractor shall provide complete administration and operational management of the LEAP Program, as set forth below. Payments are issued by the State. The payments are generally issued directly to utility companies and home heating fuel companies and are applied as a credit to the applicant's heating bill. Certain emergency situations can result in the funds being applied to the client's EBT (Electronic Benefits Transfer) card. The majority of funds in the annual allocation are directed toward these benefit amounts for clients. Contractor shall provide: 1. Complete administration of the LEAP Program, including but not limited to: a. Compliance with all LEAP Rules and Regulations (attached as Appendix 1). b. Adequate management and supervisory oversight of the program. c. Hiring and decreasing personnel as necessary for the efficient administration of the program. Contractor shall utilize appropriately qualified and skilled staff in a sufficient number to assure that all Contractor's activities and responsibilities are carried out in a timely and accurate fashion and shall assign staff to each function as needed. d. Establish and maintain fiscal controls and accounting procedures to ensure the proper use and accounting of funds under this program. e. Contractor must have or obtain a postage meter machine to do mailings and track those mailings for the Program (such as the notification of eligibility and other notices which are sent from the State to the GCDHS). The machine and mailings are part of either operation administrative) or outreach costs and can, with appropriate documentation, be reimbursed to the contractor. f. Contractor will begin processing applications by November 1s g. Contractor shall maintain adequate space, staff and operations throughout the term of the Contract. Administrative support services personnel would include, but not be limited to: accounting, internal audit, purchasing, human resources, customer services, and staff development. 2. Complete operational management of the LEAP Program in compliance with all LEAP Rules and Regulations, including but not limited to: a. Collaboration with bulk and non -bulk fuel suppliers under contract with the State. Contractor shall monitor the quality of services that vendors provide to LEAP clients and shall resolve such quality issues or procedural concerns with vendors, and /or report any unresolved problems or concerns to the ECHHS. Contractor shall monitor the following vendor service areas and any others as necessary: Households are billed by vendors in accordance with LEAP Program rules and regulations. 14 Appropriate services are provided by vendors to eligibility households. Appropriate account credits are issued by vendors to eligible households. Services to LEAP clients that were "shut —off' are later adequately restored by the vendors in accordance with LEAP Program rules and regulations. Account balances are refunded to eligible households (or to the ECHHS) in accordance with the LEAP Program rules and regulations. Recovery procedures are appropriately initiated by vendors. Estimated Home Heating Costs (EHHC) are provided for eligible Households using the vendor's service. b. Timely and accurate processing of applications. c. Determination and verification of client eligibility for the program. d. Sending notices of acceptance or denial of the applications. e. All required data entry into the State information system. f. Handling of appeals and other complaints from clients, vendors, and other governmental agencies. g. Determination and notification of recoveries due from clients and vendors h. Maintenance of all required records. This shall include the delivery and maintenance of current records and files. i. Routine customer service. j. Preparation of all required reports, including audit responses to the State and outcome report to the ECHHS. k. Internal quality assurance activities as required by LEAP Program rules and regulations. I. It is mandatory for all of Contractor's LEAP personnel to attend the annual one -week training provided by the State LEAP Office. This usually occurs in early October. The cost of the training is billable to the LEAP Program. 3. Contractor shall assure that all services shall be administered equitably to all participants. 4. Contractor shall assure that culturally relevant services shall be provided with a high degree of respect for all participants, sensitivity to their circumstances and with a commitment to high quality customer service. 5. Contractor must maintain complete confidentiality of client records in accordance with all applicable County, state and federal laws, rules and regulations. Contractor must sign all confidentiality statements required by the State and or the ECHHS. All data related to the LEAP Program belongs to the State /ECHHS. 6. Contractor shall save in the applicant case file: A) All documentation received by the applicant regarding household information and eligibility issues; and B) All internal documentation by LEAP staff regarding information requests, comments and rationale regarding determination and verification of eligibility, case actions, etc. 7. Contractor must successfully negotiate access to applicable State computer systems necessary to operate the LEAP program. Contractor shall be responsible for all costs associated with obtaining and maintaining all hardware, software, router, controller, and connectivity equipment and any other computer compatibility equipment necessary to successfully access the State computer systems. Contractor must also obtain State and County approval for alternate connection infrastructures, which cannot be assumed. 15 8. If Contractor connects with the state and other information systems from a new, more remote site than the current offices being used for LEAP, then costs for new installation would include any necessary cabling costs, switch costs, high speed internet installation and access costs (requires a DSL line, cable modem, or other high speed internet access). 9. Contractor shall submit invoices to the ECHHS in a timely manner; not more than thirty (30) days after services are provided. Submission of invoices after that time shall be paid at the ECHHS' discretion. The maximum amount of compensation under this Agreement shall not exceed $12,377. 16 isV Colorado Department of Human Services: CDHS Policies Page 159 of 236 h-xflil3 &T l9 - nE7`Thc)M l 3.750 LOW - INCOME ENERGY ASSISTANCE PROGRAMS 3.750.1 AUTHORITY 3.750.11 [Rev. eff. 11/1/84] Programs authorized under the Low - Income Home Energy Assistance Act include a Basic Program and a Crisis Intervention Program. 3.750.12 [Rev. eff. 11/1/93] The Basic Program is intended to help meet winter home heating costs of households composed of low - income families and individuals. 3.750.13 [Rev. eff. 11/1/99] The Crisis Intervention Program is intended to assist households composed of low - income families and individuals who are in home heating crisis situations. 3.750.14 [Rev. eff. 11/1/95] State authority for the programs is contained in the Governor's Executive Order and in accordance with rules adopted by the State Board of Human Services.This program is contingent on the availability of federal funds. 3.750.15 [Rev. eff. 11/1/93] This program is federally and privately funded and is subject to and contingent upon the continued availability of those funds. If said funds are increased, decreased or become unavailable, the services provided herein shall be increased, decreased or terminated accordingly. 3.751 GENERAL PROVISIONS 3.751.1 DEFINITIONS [Rev. eff. 10/1/09] Applicant ": The person who completes and signs the basic LEAP application form. This is also the only household member who is required to provide proofoflawfulpresenceasdefinedintheserules. Bulk Fuel ": 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. Completed Application ": An application shall be considered to be a completed application when: A. The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level; B. The applicant has provided all required verification. A Social Security Number (SSN) for each household member or proof of application for a SSN can be requested. A SSN is not required to determine eligibility, but may be used exclusively as a unique identifier and for data matches; ttm• / /urix, , r.nlnrarin anV/annnQ /orth rAl /vnhiirn ief 0/41'11 Colorado °Department of Human Services: CDHS Policies Page 160 of 236 C. The application is signed; D. The applicant has provided proof of lawful presence in the United States (see Section 3.140.11). Date of Application ": For purposes of the Low - Income Energy Assistance Programs, the date of application shall be the date an application form that contains a legible name and address is received by the county department. Disabled or Handicapped: For purposes of the Low - Income Energy Assistance Programs, the term disabled or handicapped means persons who receive vocational rehabilitation assistance; such as Social Security disability, SSI, AB, AND, or veterans disability payments or who provide a physician's statement which indicates incapacity to engage in gainful employment. The definition may be different for other public assistance programs. Elderly ": For the purposes of these rules, the term elderly means aged 60 or over. Eligibility Period ": There shall be one eligibility period for the Basic Low Income Energy Assistance Programs from November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. The fumace repair /replacement component of the Crisis Intervention Program shall operate year round. All other components of the Crisis Intervention Program shall operate from November 1 through April 30. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. Emergency /Expedited Applicant ": This is a household which has had heat service discontinued or is threatened with discontinuance, or is out of fuel or will run out of fuel within fourteen calendar days. Applications for households in these situations shall be processed expeditiously and the emergency addressed within ten working days of notification of the emergency by the applicant to the county department. Estimated Home Heating Costs ": The amount of the heating costs incurred during the previous heating season for the applicant's address at the time of application to be used as an estimate, or projection, of the anticipated heating costs for the current heating season (November 1st through April 30th). Such estimated heating costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to residential fuel prices and consumption levels. Heat Related Arrearage ": Any past due amounts for the primary heating fuel and /or supportive fuel. Home Heating Costs ": Charges related directly to the primary heating source used in a residential dwelling. Household ": The term "household" shall mean any individual or group of individuals who are living together as one economic unit for whom primary heating fuel is customarily purchased in common or who make undesignated payments for heat in the form of rent. Any individual considered as part of an approved household cannot subsequently be considered as part of another household during the same eligibility period. Each person living at a residence must be counted as either a member of the applicant's household or a member of a separate household. The maximum number of household members shall be fifteen (15). The maximum number of separate households shall be nine (9). The following cannot be classified as separate households: A. Husband and wife living together; B. Unemancipated minor(s) under the age of 18 and living in the same dwelling as the parent or guardian. C. Supplemental Security Income (SSI) recipients in shared households receiving reduced benefits. Non -Bulk Fuel ": Non -bulk or metered 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. Non- Traditional Dwelling ": A non - traditional dwelling means a structure that provides housing that is not affixed to a permanent physical address and includes tents, lean -to's, cars, vans, or buses. Poverty Level ": The term poverty level as used in these rules describes federal guidelines updated annually by the U.S. Department of Health and Human Services. The guidelines, printed in the Federal Register, establish minimum subsistence income levels by household size. Primary Heating Fuel ": The primary heating fuel is the main type of fuel used to provide heat within the dwelling. When heat (such as natural gas and /or electric) is included in the rent, this may be reflected as "utilities" included in rent. Primary Heating Source ": The primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler. Program Year ": The term program year means from November 1st through April 30th for the Basic Program. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility period shall be extended until the next business day. The furnace repair /replacement component of the Crisis Intervention Program shall operate year round. All other components of the Basic and Crisis Intervention Program shall operate November 1st through April 30th. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. Public Assistance Income ": For purposes of verifying income under the Low Income Energy Assistance Programs, the term public assistance income shall mean income received from the following types of Department of Human Services programs: A. Colorado Works; B. OAP (Old Age Pension, both the SSI supplement and State -only groups); C. AND (Aid to the Needy Disabled, both the SSI supplement and State -only groups); D. AB (Aid to the Blind, both the SSI supplement and State -only groups); f41-,•/ /,:num nnlnrarrn arvcr/ a rnr,o /nriHe /rral /vnlnmanc.ta ;lo ;of n /o Colorado Department of Human Services: CDHS Policies Page 161 of 236 E. NCRA (Non Categorical Refugee Assistance) Safe Indoor Temperature ": A temperature that is maintained by the dwelling's primary heating system to prevent endangering the life, health, or safety of thehouseholdmembers. A LEAP contractor shall make an on -site determination as to whether the above conditions exist and make a recommendation to LEAPtoremedythesituation. LEAP will make the final determination as to the level of repairs to be authorized under these conditions. Subsidized Housing ": Subsidized housing means housing in which a tenant receives a governmental or other subsidy (e.g., assistance provided by achurch) and the amount of rent paid is based on the amount of the tenant's income. Supportive Fuel ": Supportive fuel is an energy source needed to operate the primary heating system in a residential setting, such as electricity as asupportivefuelrequiredtooperateanaturalgasfurnace. Traditional Dwelling ": Traditional dwelling means a structure that provides a housing or residential environment that is affixed to a physical address. Thesestructuresincludehouses, apartments, townhomes, mobile homes, recreational vehicles (RV's), 5th Wheel's, and campers. Vendor ": A vendor is an individual, a group of individuals, or a company who is regularly in the business of selling fuel (bulk or non bulk) to customers forresidentialhomeheatingpurposes. 1751.2 (None) 3.751.3 NON - DISCRIMINATION POLICIES /RIGHT AND OPPORTUNITY TO APPLY 3.751.31 Non - Discrimination [Rev. eff. 12/1/07] Non- discrimination policies as outlined in this rule manual shall apply to all households applying for Basic Program and Crisis Intervention Program benefits. 3.751.32 Opportunity to Apply [Rev. eff. 11/1/84] All persons shall be provided an opportunity to file an application form on the date of initial contact with the county department during the application period. 3.751.33 Interpreters [Rev. eff. 12/1/07] An interpreter shall be available to assist persons known to the Department to be non - English speaking in completing application forms and to provideinformation. 3.751.34 Program Information [Rev. eff. 11/1/84] Public Assistance and food stamp households shall be notified during the certification and recertification procedures of the availability of the Low - IncomeEnergyAssistanceProgramsandtheeligibilitycriteriaforreceivingsuchassistance. 3.751.35 Authorized Representative [Rev. eff. 11/1/84] An authorized representative may apply on behalf of an applicant household when the applicant household is unable to apply on its own behalf. 3.751.4 NOTICE AND HEARINGS 3.751.41 Timely and Adequate Notice [Rev. eff. 12/1/07] Colorado'Depaitiuent of Human Services: CDHS Policies Page 162 of 236 The requirements for providing timely and adequate notice of proposed actions and opportunity for hearings and appeals are as provided in the chapter onAdministrativeProcedures" in this rule manual except as specifically provided in the rules goveming the Basic Program and Crisis Intervention Program. 3.751.42 Denials [Rev. eff. 11/1/84] Notices of denial shall advise the applicant of the reason for the denial, the regulation citation relied on by the county department, and appeal rights andprocedures. For purposes of the Crisis tntervention Program and advance payments of the Basic Program, notices of denial shall advise the applicants of their right to a forthwith hearing. 3.751.43 Request for a State Level Fair Hearing [Rev. eff. 11/1/08] County departments shall notify the State LEAP office in writing within seven (7) days upon receipt of a request for a State level fair hearing by an applicantonBasicProgramandCrisisInterventionProgram. See Sections 3.850.1 - 3.860.56 of this rule manual. 3.751.5 RECOVERY AND FRAUD PROCEDURES 3.751.51 Recoveries [Rev. eff. 12/1/07] County departments must institute recoveries to ensure that Basic Program or Crisis Intervention Program benefits do not exceed the maximum amountsdescribedintheserules. Recovery procedures shall be the same as in adult program rules as described in the "Administrative Procedures" chapter or asotherwisespecifiedintheserules. (Note: Sections 3.810.13, 3.810.14, and 3.810.32 do not apply to LEAP.) 3.751.52 Determination of Recovery of Overpayment [Rev. eff. 12/1/07] When overpayments, made directly to the client, have been verified by the county department, a determination as to whether recovery is appropriate shall bemadewithinfifteen (15) calendar days after receipt of reports issued by the State Department designed to assist county departments in identifying and correcting such payments. 3.751.53 Definition of Overpayment [Rev. eff. 11/1/84] Overpayment of Basic Program or Crisis Intervention Program benefits shall mean a household has received benefits in excess of the amount due thathouseholdbasedoneligibilityandpaymentdeterminationinaccordancewiththeserules. 3.751.54 Establishment of Recovery [Rev. eff. 11/1/08] Recoveries shall be established for households that have received program benefits and are subsequently determined to be ineligible or which receivedbenefitamountsgreaterthanthehouseholdwasentitledtofortheeligibilityperiod. 3.751.55 Recovery Procedures [Rev. eff. 12/1/07] Recovery proceedings shalt be handled in accordance with the procedures described in the "Administrative Procedures" chapter of this rule manual whenapplicable (note: Sections 3.810.73 through 3.810.75 do not apply to LEAP). 3.751.56 State Income Tax Refund Intercept [Rev. eff. 12/1/07] If a client receives an overpayment of benefits, the county department may seek to recover the overpayment through the offset (intercept) of the client's stateincometaxrefund. The procedures applicable to this method of recovery are the same as those for non -TANF recoveries in the Administrative Procedures chapter of this rule manual. 3.751.6 REPORTING AND MONITORING o /2/1n1 1,}},..•/ / •nlnraAn rrnv/ anne /rrih fle /rral /vnlhtmPPtails isf Coloradd Department of Human Services: CDHS Policies Page 163 of 236 3.751.61 Reporting [Rev. eff. 11/1/08] All recoveries shall be reported to the State Department at the conclusion of the program year. 3.751.62 Reports and Fiscal Information [Rev. eff. 11/1/98] County departments shall provide the State Department with reports and fiscal information as deemed necessary by the State Department. 3.751.63 Monitoring [Rev. eff. 11/1/98] The State Department shall have responsibility for monitoring programs administered by the county departments based on a monitoring plan developed by the State Department. Such plan shall include provisions for programmatic and local reviews and methods for corrctive actions. 3.751.7 REIMBURSEMENT AND SANCTIONS 3.751.71 Reimbursements [Rev. eff. 12/1/07] Subject to allocations as determined by the State Department, county departments shall be reimbursed up to 100% for all allowable costs incurred for the operation of the Basic Program, Crisis Intervention Program, outreach and other administrative costs. 3.751.72 Sanctions [Rev. eff. 12/1/07] County departments which fail to follow the rules of the Basic Program and Crisis Intervention Program shall be subject to administrative sanctions as determined by the State Department (see 11 CCR 2508 -1). 3.752 LOW- INCOME ENERGY ASSISTANCE PROGRAMS: BASIC PROGRAM 3.752.1 APPLICATION PERIOD [Rev. eff. 10/1/09] To apply for LEAP, the general public shall submit a written application form (IML -4) during the period of November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. The county department shall accept all application forms that are received or postmarked during the application period. Facsimile copies of completed application forms shall be accepted as valid. Preference shall be given to application forms received from public assistance households (such as Colorado Works, OAP, AND, AB, and NCRA). Such applications received prior to November 1st shall be accepted and may be processed; however, eligibility shall not be effective until November 1st (see Section 3.759.31 for application mailing dates). Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances as of the date the application is received. Although applications may be accepted and processed earlier, the effective date of application shall not be before November 1. 3.752.2 PROGRAM ELIGIBILITY REQUIREMENTS 3.752.21 [Rev. eff. 10/1/09] niQ Colorado'Department of Human Services: CDHS Policies Page 164 of 236 To be determined eligible for a Basic Program payment, households must, at time of application, be vulnerable to the rising costs of home heating, and meetincomeandotherrequirementsoftheprogramasdefinedintheseregulations. The following factors shall be considered as of the date of application: Colorado state residency, U.S. citizenship /alien status, lawful presence, income, vulnerability, fuel type, household composition, shared living arrangements, and estimated home heating costs. 3.752.22 Income and Household Size Criteria [Rev. eff. 9/1/10] A. For purposes of determining a household's eligibility, income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to application which best represents the applicant's curent income situation. B. Determining Monthly Income If a household member is paid less than monthly, the county department shall determine gross monthly income by: 1. Weekly /Bi- Weekly Income a. Weekly Income Calculate an average weekly income by adding the gross eamings for 4 weeks and divide by 4. Multiply the average weekly income by 4.3333 to compute the gross monthly income. b. Bi- Weekly Income To calculate an average weekly income using bi- weekly income, add w pay stubs to get weekly average and multiply by 4.3333 to compute the grossmonthlyincome. If there are 3 pay periods during a given month, add all three and divide by 6, then multiply by 4.333. 2. Semi - Monthly Adding gross semi - monthly amounts to obtain total monthly income. 3. Partial Month Income a. Terminated Income If a household member's income is terminated as of the application date, use actual income received /expected for the application month (do not use4.3333 calculation). b. Earned Income If a household member has a new source of earned income as of the application date, use projected income for the month (do not use 4.3333 calculation). c. Unemployment/Other Unearned Income If a household member has not received his /her first check from this source of income as of the application date, do not count any income from this source. If the household member has received the first check from this source of income as of the application date, use projected income for the month (donotuse4.3333 calculation). C. All applicant households whose countable income for the eligibility period is equal to or less than 185% of the poverty level, shall meet the income requirements for the Basic Program. The State Department shall adjust the income limits annually based on the Federal poverty guidelines published in the Federal Register applicable at the time of application; no later editions or amendments are included. By September 1 of each year, that information shall be made available to the county departments through an Agency Letter. The Federal poverty guidelines may be examined by contacting the Colorado Department of Human Services, Director of the Division of Low- Income Energy Assistance, 789 Sherman Street, Suite 440, Denver, Colorado 80203; at a state publications depository library; or on the Federal web site at: http: / /aspe.hhs.gov /poverty. D. Income shall be treated in accordance with the rules as contained in the Resources and Income chapter of this staff manual pertaining to the adult programs. E. Households which have been denied basic benefits and have had changes in circumstances may reapply. F. At each county's option, the county department may approve or deny shared household residents who move into a residence after a household(s) currently residing at the same residence that has been approved for 100% of the LEAP benefit. County departments shall consider whether the new resident has an actual home heating paying liability when determining that household's LEAP eligibility. The county department may deny an applicant if that applicant is a new resident of a shared household, and a full basic LEAP benefit has already been approved; or, the county department may approve an applicant if that applicant is a new resident of a shared household and the full basic LEAP benefit has already been approved. The applicant must meet all other eligibility criteria and will have the benefit based on the number of shared households residing atheresidenceattimeofapplication. 3.752.23 Income Exclusions [Rev. eff. 10/1/09] of NOI' n., n Colorado Department of Human Services: CDHS Policies Page 165 of 236 The following exclusions and income calculation procedures shall be applied to household gross income: A. Payments or benefits excluded as defined in the General Resource and Income Exemption Section of the Resources and Income" chapter in this staff manual at Section 3.200.4, except that the following sections do not apply: 3.240.16, B -F; 3.240.41; 3250.14; 3.250.15. B. All financial aid monies, including educational loans, scholarships, and grants as defined in Section 3.250.4 in this staff manual. C. Eamed income of children under the age of 18 who are residing with a parent or guardian. D. Reimbursement received for expenses incurred in connection with employment from an employer. E. Reimbursement for past or future expenses, to the extent they do not exceed actual expenses, and do not represent gain or benefit to the household. F. Payments made on behalf of the household directly to others. G. Payment received as foster care income. Foster children are not considered household members. H. Home care allowance, if paid to a non - household member. I. State /county diversion payments. J. Reverse mortgages. K. Subsidized housing utility allowances. 3.752.24 Resources [Rev. eff. 10/1/01] There is no resource criteria for the Low - Income Energy Assistance Program. The value of the household's resources shall not be considered for the purpose of determining eligibility for assistance. 3.752.25 Vulnerability [Rev. eff. 10/1/09] A. A household shall be vulnerable in order to qualify for Basic Program benefits. Vulnerability shall mean the household must be affected by the rising costs of home heating as defined below: 1. The household is paying home heating costs directly to a vendor and is subject to home heating cost increases; or, 2. The household is living in non - subsidized housing and is paying home heating costs either in the form of rent or as a separate charge in addition to rent; or, 3. The household resides in subsidized housing as defined in the "Definitions" section of these rules, and 1) the unit has an individual check meter which identifies specific heating usage of that unit and the household is subject to a surcharge or increased cost for home heating or; 2) the tenant is subject to a heating surcharge assessed by means other than an individual check meter. Such surcharges may include percentage fees assessed to the tenant for home heating. Under no circumstances shall rental costs be assumed to be subject to change due to an increase in home heating costs unless otherwise verfied in writing by the county department. 4. The applicant household in a residence where more than one household resides shall be considered vulnerable if the applicant household contributes toward the total expenses of the residence. These expenses include, but are not limited to, shelter and utilities, 5. The applicant household must live in a traditional dwelling. B. Households in the following living arrangements shall not be considered to be vulnerable: 1. Institutional group care facilities, public or private, such as nursing homes, foster care homes, group homes, alcoholic treatment centers, or other such living arrangements where the provider is liable for the costs of shelter and home heating, in part or in full, on behalf of such individuals; 2. Correctional facilities; 3. Dormitory, fratemity or sorority house; 4. Subsidized housing as defined in the "Definitions" section of these rules which does not have an individual check meter for heat for each unit, or which cannot provide other evidence of responsibility for paying home heating surcharges. tt„• / /vsnxruxr rnlnrarin crew, acme /rrlhe /rral /wnirmr Tlatailc ief 4/7n17 Cbloradd Department of Human Services: CDHS Policies Page 166 of 236 5. Any applicant, or applicant household who is considered homeless or resides in non - traditional dwellings. Landlords or other providers of shelter shall not be considered to be vulnerable unless they meet the definition of household and the eligibility requirements of the Basic Program. Vulnerability shall be verified for all applicant households as defined in these rules. 3.752.26 Residency Requirements [Rev. eff. 12/1/07] Applicant households must meet the state residency requirements as contained in this rule manual. 3.752.27 Citizenship - Alien Requirements [Rev. eff. 12/1/07] The applicant must meet the lawful presence in the United States requirements as contained in Section 3.140 in this rule manual, with the exception that there is no requirement for length of residency in the United States. A household member who does not meet citizenship /alien requirements shall not be included as a household member; however, all countable income of this individual shall be counted as part of the household's total income. 3.752.28 Mandatory Weatherization [Rev. eff. 12/1/07] Households approved to receive a LEAP benefit must agree to have their dwelling weatherized if contacted by a state- authorized weatherization agency. Failure to permit or complete weatherizationmay result in denial of LEAP benefits for the following year. A. Exemptions 1. Households containing a member(s) whose mental or physical health could be exacerbated by weatherization shall be exempt. 2. A household whose landlord refuses to allow weatherization shall not have benefits denied. 3. The local weatherization agency shall fully document the circumstances permitting the exemption. B. Households Who Refuse Weatherization 1. Households who refuse or terminate weatherization before completion shall not be approved for LEAP benefits for the following year and a LEAP denial hold shall be placed on the household at that address by the state LEAP office. The hold can only be removed by the state LEAP office. 2. If the household has moved to another address that has been weatherized, the household may be approved for a LEAP benefit if otherwise eligible. If the new dwelling is not already weatherized, weatherization must be completed before approved for LEAP. 3. If a denied household subsequently allows the dwelling to be weatherized or weatherization completed, the household must reapply and, as long as other eligibility criteria are met, may be approved for LEAP benefits after notification from the local weatherization agency that the weatherization is completed. C. Energy Saving Partners' (State Weatherization Office) Responsibilities 1. Assure that standards, as delineated in Sections A and B above, are applied uniformly and equitably. 2. Notify the State LEAP office by September 30th of all households who refuse weatherization. 3. Notify households who refuse weatherization, by first -class mail, that their refusal may result in denial of LEAP benefits for the following year. 4. Weatherization shall be.completed as soon as possible on dwellings where the household previously refused or didn't complete weatherization and subsequently allows the dwelling to be weatherized. 5. Any Crisis Intervention Program (CIP) work performed by the Energy Saving Partners and their agencies shall be completed in accordance with Sections 3.760 - 3.760.53. 3.753 (None) o /'nip Colorado Department of Human Services: CDHS Policies Page 167 of 236 3.754 REASONS FOR DENIAL OF ASSISTANCE 3.754.1 FACTORS FOR DENIAL [Rev. eff. 10/1/09] Any of the following factors shall be the basis for the denial of an applicant household:* A. Excess income; 3.752.22 (04). B. Not vulnerable to rising home heating costs; 3.752.25 (03). C. A household not meeting citizenship /alien status requirements; 3.752.27 (13). D. A household is a duplicate household or was previously approved as part of another household; 3.751.1, Household" (06). E. The household has voluntarily withdrawn its application; 3.756.18 (09). F. The household has received Basic Program benefits from another county; 3.756.17 (10). G. The household has failed to provide complete application information or required verification; 3.756.12 (11). H. The household is not a resident of Colorado; 3.752.26 (07). I. The household failed to sign the application form; 3.751.1, "Completed Application ", C (21). J. The household filed an application outside of the application period; 3.752.1 (14). K. Unable to locate; 3.756.19 (25). L. Refused weatherization services from a state weatherization agency; 3.752.28 (26). M. Household(s) currently residing at the residence, has already received the full basic LEAP benefits; 3.752.22, G 27). N. The applicant failed to provide valid identification; 3.140.11, B, 1 (05). 0. The applicant failed to provide an affidavit; 3.140.11, B, 2 (08). P. The applicant failed to provide valid identification, 3.140.11, B, 1 and the applicant failed to provide an affidavit; 3.140.11, B, 2 (18). Note: the rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and data entering into the computer system.) 3.755 VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION 3.755.1 GENERAL 3.755.11 [Rev. eff. 10 /1 /00] Income, estimated home heating costs, and vulnerability shall be verified in determining initial eligibility and /or payment amount. 3.755.12 [Rev. eff. 10/1/00] If the county obtains information which would affect the initial determination of an applicant household's eligibility or payment level and which is different than information provided by the applicant, the county shall inform the applicant and provide an opportunity for response or explanation. Eligibility shall be determined by using the correct information. In these cases, an applicant who meets eligibility criteria shall not be denied because the applicant provided information that was different than information subsequently obtained by the county. Information used to determine eligibility and benefit level shall be documented. However, in appropriate cases, the counties may institute fraud proceedings. Colorado Department of Human Services: CDHS Policies Page 168 of 236 3.755.13 [Rev. eff. 10/1/09] The case record shall contain at a minimum: A. The application and any other supplemental forms the applicant is required to submit; B. Documentation of all verification as required in these rules; C. Copy(ies) of completed IML -3T worksheets. All actions (except case pending) must have a corresponding hand coded IML -3T (tum- around). D. Written explanation on a report of contact sheet or other such document of any discrepancy between information contained on the application and information reported on the IML -3 worksheet; E. Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on a report of contact sheet or other similar document necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry. F. Copies of all written notices, including hand -written letters and system generated notices, sent to the applicant household requesting missing information and /or verification necessary to determine eligibility and /or payment level. G. Complete documentation in emergency or expedited cases including when, to whom, and how a vendor contact is made. 3.755.2 VERIFYING INCOME 3.755.21 Adequate Verification of Income [Rev. eff. 10/1/09] The case record shall contain adequate verification of income. Adequate verification is defined as any of the following: A. Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation or unemployment or supplemental security income shall be verified in writing, such as an award letter or cost of living adjustment (COLA) letter, issued after the last general increase for that type of assistance, which shows the gross amount before any deductions. Copies of bank deposits or checks shall not be adequate verification of gross income. B. Verification of child support income shall include at a minimum: 1. Verification through the Automated Child Support Enforcement System (ACSES); or, 2. Verification through the Family Support Registry (FSR); or, 3. Copies of checks, money orders or other document(s) including written statements or affidavits from the noncustodial parent that documents the income paid directly to the custodial parent. 4. An exception shall be made in cases of domestic violence defined in Section 3.602.1 of this manual. Client declaration shall be sufficient in such cases. C. Social security income may be verified by an award letter, issued by the social security administration, after the last general increase. Gross social security income includes income before any deductions for Medicare or other medical insurance. Copies of bank deposit or checks shall not be adequate verification of gross social security income. D. Earned income shall be verified for at least four (4) weeks of the 8 weeks prior to the application date and shall consist of pay stubs or statements from employers which state the period worked, pay frequency and the actual gross income eamed, as long as that income is rflective of income at the time of application. E. Public assistance income shall be verified through the most current active county records. The Low - Income Energy Assistance Program case record must specifically reference the source document of the income information via federal and /or state system inquiries (i.e., a copy of applicable CBMS screens). F. Verification of income other than public assistance income of applicant households may be obtained through the most current active county records. The Low - Income Energy Assistance Program case record must specifically reference the source document of the income verification (i.e., source document name and /or number and document date). G. Verification may be obtained by telephone, provided that the case record contains complete information on the name and title of the person contacted, the name of the employer or agency, the period of employment and the actual gross income received, eamed or uneamed. ttn• //unxnxr prdnrarin crnv /annc /crlhc /rral /vnlitmeTletails isf 0/2/1 A11 Coloradd Department of Human Services: CDHS Policies Page 169 of 236 H. In verifying zero income, the county shall examine income of all adult members of the household by one or more of the following methods: 1. Obtain a reasonable explanation in writing from the household on how they meet living expenses; 2. Verify eligibility for unemployment benefits or verify final date of employment with last employer; 3. Colorado Benefits Management System (CBMS) inquiries. I. Verification of self- employment income shall include, at a minimum: 1. Profit and loss statements, i.e., self - employment ledger; and, 2. Receipts for business - related expenses are required to be considered as deductions. 3.755.3 (None) 3.755.4 VULNERABILITY 3.755.41 Evidence of Vulnerability [Rev. eff. 10/1/09] All households shall be required to provide evidence of vulnerability for the primary heating fuel for the residence at the time of application. Evidence shall consist of items, such as a copy of the current or most recent fuel bill which the household is responsible for paying or a copy of the current or previous month's rent receipt if heat is included in rent. in instances where a rent receipt is used to provide proof of vulnerability, the rent receipt must specifically notate that heat and /or utilities are included in rent. A lease or rent statement from the applicant's landord is required if the rent receipt is not specific. The county may use prior year's fuel bill if the information supplied matches the current application /information. If historical information is being used to verify vulnerability, a notation must be made in the case record, If the fuel bill that is submitted as evidence of vulnerability is in the name of a person other than the applicant household, the case record shall contain a notation that explains the discrepancy in names. A disconnect notice from the heating fuel provider, that does not show primary heating fuel consumption, is not adequate evidence of vulnerability. 3.755.42 Subsidized Housing Rent Documentation [Rev. eff. 11/1/93] Applicant households, living in subsidized housing units,where home heating costs are paid as part of rent, shall be required to provide a copy of a rental agreement or other documentation specifying that the household is subject to rent increases or heating surcharges when home heating usage exceeds the amount of the household's heating allowance. 3.755.43 Wood Permits [Rev. eff. 6 /1 /09] Applicants who cut their own wood shall be required to provide a copy of their wood cutting permit. If a permit is not available, the applicants must provide a written and signed statement that they cut their own wood, plus documented proof that they cut it on their own land or that they have permission from the landowner. 3.755.5 ESTIMATED HOME HEATING COSTS 3.755.51 Verification [Rev. eff. 11/1/06] County departments shall obtain verification of estimated home heating costs. Verification shall consist of evidence provided by fuel vendor or applicant for the residence at the time of application. If the county changes the estimated home heating costs (EHHC) originally provided by the fuel vendor, the county must obtain written verification of this change from the fuel vendor. The written verification from the vendor shall be placed in the case record. 3.755.6 OTHER FACTORS AFFECTING ELIGIBILITY AND PAYMENT AMOUNTS [Rev. eff. 11/1/06] i4+v.• / /.:...ni> n..lrs•firs .rw /ovtrso /nriko/rrol rnaiimnTlnfoi1 o;of O/Q /7(11') Colorado Department of Human Services: CDHS Policies Page 170 of 236 Other factors affecting eligibility and payment amounts of an applicant household may be verified if determined necessary by a county department. 3.756 PROCEDURES FOR PROCESSING APPLICATIONS AND NOTIFYING APPLICANT HOUSEHOLDS 3.756.1 PROCEDURES 3.756.11 Application [Rev. eff. 12/1/07] Basic Program applicants shall submit a completed application form as defined in the "Definitions" section of these rules to the county department either in person, by facsimile, or by mail in order to be considered for Basic Program benefits. The county department shall not require office interviews for purposes of determining eligibility. 3.756.12 Application Processing [Rev. eff. 11/1/08] The county department shall be required to date stamp all application forms, verification, and information upon receipt. Beginning November 1st, all applications must be entered into the LEAP database in a pending status within fifteen (15) business days from the date the application is received in the i county LEAP office. All applications received within the eligibility period must be added and either approved or denied no later than June 19th. The county department shall be required to review for duplicate applications. The county department shall determine if an application is complete as defined in the Definitions" section of these rules. If an application is not complete, the county department shall notify the applicant household, in writing through a LEAP system - generated letter, of information or verification necessary to determine eligibility and/or payment level. The applicant household shall be provided two 2) calendar weeks from the date the notice is postmarked to provide the requested information and /or verification. Clients who fail to submit the required verification shall be denied. However, the county department shall extend the period upon a showing of good cause for the applicant's failure to provide the necessary information or verification within the two (2) week period. The term "good cause" as used above is defined as conditions outside the control of the individual such as sudden illness, hospitalization, fire, theft, acts of God, and natural disasters. 3.756.13 Lost Applications [Rev. eff. 11/1/96] If a household reports to the county that it has mailed or otherwise made application for basic benefits and the county department cannot locate the application for the household, such application shall be deemed "lost ". The procedures for handling "lost" applications shall be prescribed by the State Department. The client must notify the county of the lost application no later than 30 calendar days after the end of the application period. 3.756.14 Determination of Eligibility [Rev. eff. 11/1/93] A county department shall have up to fifty (50) calendar days from the date of application as defined in the "Definitions" section of these rules to determine eligibility. 3.756.15 Notification of Approval or Denial [Rev. eff. 10/1/01] Upon determination of eligibility, the household shall be notified in writing of approval or denial in accordance with the notice requirements in these rules. 3.756.16 County of Residence [Rev. eff. 10/1/09] The county of residence for applicant households shall be the county where the applicant household is residing as of the date of application. An application received from a non - resident of the county shall be forwarded to the county of residence within five (5) working days. Processing time begins upon receipt of the application by the county of residence. The county forwarding the application shall, simultaneously, notify the applicant household, in writing, of the name, address, and phone number of the county to which the application was forwarded. 3.756.17 Relocaton [Rev. eff. 11/1/94] Ittn• / /nrcxnxr rnlnrarin anv /annc /rrlhc /rral /vnliimeflptailc icf 0 /9 Colorado Department of Human Services: CDHS Policies Page 171 of 236 If an approved household moves from one county to another within Colorado, the original county of residence in which eligibility was determined, shall remain responsible for processing that case throughout the program year. The new county of residence shall provide assistance to the case processing county as requested. If an applicant then applies in the new county of residence, the application shall be denied, and the applicant notified that benefits will be paid bytheoriginalcounty. 3.756.18 Withdrawn Application [Rev. eff. 11/1/08] An applicant who voluntarily withdraws his /her application in writing prior to eligibility being determined shall be denied. The applicant must notify the countyinwritingthattheyarevoluntarilywithdrawingtheirapplication. 3.756.19 Unlocated Applicant [Rev. eff. 10/1/09] An applicant who cannot be located prior to eligibility being determined shall be denied. The county must attempt to locate the applicant by mailing a forwardable letter to the last known address. If the applicant does not respond within fifteen (15) business days, the application shall be denied. 3.7.56.2 ADVANCE PAYMENT OF THE BASIC PROGRAM BENEFIT (applicable only when a signed Vendor Agreement has not been secured) [Rev.eff. 10/1/09] When a request for an advance of the Basic Program benefit(s) has been filed with the county department, it shall notify the appropriate fuel vendor the same day or next working day to attempt to forestall a termination of service or to restore service. The need for an advance payment due to an emergency shall bedocumentedby: A. A shut -off notice or other documenation of intent to terminate heating services by the heating supplier or landlord or that termination of services has ocurred; or, B. For households that use bulk fuel, a written declaration by the household that the fuel supply has been or will be depleted within the next two weeks and the specific amount needed to maintain heat in the home until payroll runs. C. Eviction notice that clearly states heat is included in the rent. For purposes of advance payment, notices of denial shall advise the applicant of the reason for denial, appeal rights and procedures including, but not limited to, a hearing. 3.757 PROCEDURE FOR REPORTING ELIGIBILITY AND PAYMENT INFORMATION 3.757.11 [Rev. eff. 11/1/98] After determining eligibility, the county department shall complete the IML -3 Worksheet in accordance with instructions developed by the state department. The county will be required to correct any inaccuracies as they may result in an erroneous payment amount and /or incorrect eligibility determination. Information reported on the households income, family size, estimated home heating costs, subsidized housing heat allowance, and number of separatehouseholdsisthebasisforamountofbenefit. 3.757.12 [Rev. eff. 11/1/04] County departments shall enter IML -3 Worksheet data into the LEAP automated system at least on a weekly basis. 3.757.13 [Rev. eff. 11/1/87] The State Department shall provide the following reports to the county departments on a regular basis: A. Possible Duplicate Report B. Master file C. Other reports as determined necessary. ittn: / /www_col orado. Lvov /anns /cdhs /rra1 /volum eDetai 1 s. i sf a /S2 P-m Coloradd Department of Human Services: CDHS Policies Page 172 of 236 3.757.14 [Rev. eff. 11/1/97] The county department shall be required to review, code, and submit the possible duplicate report and the overpayment report to the State Department based on time lines established by the State Department. 3.757.15 [Rev. eff. 11/1/91] The State Department shall provide the county departments with a payroll register. 3.758 PAYMENT POLICIES 3.758.1 GENERAL 3758.11 [Rev. eff. 11/1/83] The Basic Program is designed to assure that the highest level of assistance shall be furnished to households with the lowest income and highest heating costs in relation to income, taking into account family size. Renters and homeowners shall be treated equitably. 3.758.12 [Rev. eff. 11/1/84] The Basic Program is designed to help low- income households meet home heating costs. Payments to eligible households shall vary according to the following factors. A. Poverty level (income and family size) B. Estimated home heating costs 3.758.13 [Rev. eff. 11/1/96] Payments to eligible households which share living arrangements will vary according to the same payment factors, except that the estimated home heating costs will be divided by the total number of households sharing the living arrangement. 3.758.14 [Rev. eff. 12/1/07] The benefit will be disbursed in two payments. Initial payments will be issued beginning in November. Final payments will be issued beginning in February unless the program is shortened due to inadequate funding in accordance with Sections 3.750.15 and 3.758.48. 3.758.15 [Rev. eff. 11/1199] The State Department has responsibility for issuing payment to or on behalf of eligible households. If an eligible household refuses payment on its behalf, the State Department shall make provision for accepting the returned or refused payment. 3.758.16 (None) [Rev. eff. 12/1/07] ittny / /wu,um rnlnrarin anAr /annc /cdhc /rra1/vnlnmpflatailc icc 0/2 /')(11') Colorado Department of Human Services: CDHS Policies Page 173 of 236 3.758.17 Electric Diversions [Rev. eff. 11/1/06] A. Counties may allow eligible households to divert up to one -half of the LEAP benefit to a vendor supplying electricity needed to operate their furnace. Counties may approve electric diversions when electricity is provided by a different vendor than the primary heating fuel and the eligible household has an electric shut -off notice or has had electric services discontinued. B. The household must furnish a written statement requesting a benefit diversion and provide a copy of the electric discontinuance notice. The statement and discontinuance notice shall be date stamped by the county upon receipt. C. In cases of pending electric shut -offs, the county department shall contact the vendor the same day or the next working day to attempt to forestall the service discontinuance. Counties shall process electric diversion requests within ten working days of the written request. If the maximum allowance is not enough to forestall the shut -off or restore service, the electric diversion shall not be allowed. D. When the LEAP basic benefit is paid to: 1. An approved heat vendor (vendor pay), the electric diversion must be approved prior to committing a benefit payment to the heat vendor. 2. An eligible household (client pay), the electric diversion may be made at any time as long as there is a benefit remaining. E. Counties must notify the state department in writing no later than November 1 if they wish to administer electric diversion payments. The decision will remain in effect throughout the current LEAP program year. 3.758.2 (None) 3.758.3 CHANGES IN HOUSEHOLD COMPOSITION AFFECTING ISSUANCE OF PAYMENT 3.758.31 [Rev. eff. 11/1/95] lf, prior to payment, an eligible household's circumstances change, which involves separation or divorce of a marriage or common law arrangement, and the household includes dependent children, the Basic Program payment(s) shall be provided to the parent or guardian who resides with and has the responsibility for the care of the dependent children. If the household does not include dependent children, the Basic Program payment(s) shall be paid to the person listed as applicant. 3.758.32 Death of Payee Affecting Issuance of Payment [Rev. eff. 11/1/97] When the payee for a Basic Program benefit dies, any payment to which the payee was entitled shall be kept available for three (3) months. The followingrulesapply: A. The surviving spouse or other household member shall be entitled to the Basic Program payee's benefit provided that the surviving spouse or other household member was included as part of the Basic Program payee's household upon Basic Program eligibility determination. B. In the case of a single member household, the next Basic Program payment that would have been issued to the payee shall be released to a personal representative, when such person presents a court order or proper affidavit. C. In cases where the surviving spouse or other household member is entitled to the Basic Program benefit, as previously described, the county department shall cancel the deceased Basic Program payee's payment and re- issue the payment to the surviving spouse or other household member, within five (5) working days upon notification. D. If a benefit is not properly claimed within the three (3) month period, the county department shall expunge the payment and issue a notice to the payee's address of cancellation of the payment. 3.758.4 PAYMENT METHODS Coloradb Department of Human Services: CDHS Policies Page 174 of 236 3.758.41 Basic Program Payment [Rev. eff. 12/1/07] For an approved household which pays home heating costs directly to a fuel vendor, payment shall be made as a vendor payment, provided a written vendor agreement has been secured. The State Department shall be required to provide vendors servicing their county with an opportunity to sign the state prescribed vendor agreement. County departments shall provide vendors with applications, brochures, envelopes, and other outreach material. In cases where a written vendor agreement has not been secured, payment shall be issued directly to the eligible household. For an approved household that pays home heating costs to a landlord, payment of the Basic Program payment shall be made directly to the eligible household. Under no circumstances shall a direct payment be made to a landlord. 3.758.42 - 3.758.45 (None) 3.758.46 Vendor Payment Procedures [Rev. eff. 12/1/07] A. When a direct vendor payment is made, the county department shall be required: 1. To notify each household of the amount and month such assistance is scheduled to be paid on its behalf, 2. To notify the household of the vendor to be paid on the household's behalf, 3. To contact the vendor to explain the vendor payment process, when applicable. 4. To notify each eligible household in writing of the eligible household's responsibilities to continue to pay toward the household's heating costs. Such notification shall advise the household that the Basic Program payment is not intended to totally pay a household's heating costs. If the household has received a notice from the vendor to terminate services or has already had services terminated, the household is responsible to negotiate a payment arrangement with their vendor. 5. To notify the vendor in writing of each household's eligibility and projected payment amount. B. Prior to any Basic Program payment being made directly to a fuel vendor on behalf of an eligible household, the following terms of agreement shall be obtained from the fuel vendor in writing and notice of the same shall be included with the Basic Program payment in accordance with a State prescribed form. Any revision or modification of the assurances below, necessitated by unique circumstances, shall be submitted in writing to the State Department for approval prior to execution of the vendor agreement. C. Refer to the State approved vendor agreement for specific requirements, conditions and procedures. This agreement is available on the Colorado Department of Human Services web site. 3.758.47 Methodology for Calculating Basic Program Benefits [Rev. eff. 9/1/10] The payment amount for an eligible basic program household shall be determined in accordance with the following method: Step A. Determine Estimated Home Heating Costs (EHHC) The county department shall determine estimated home heating costs for November 1st through April 30th for the household's current residence at the time of application. The methodology for calculating estimated home heating costs is outlined below. The county department shall determine the applicant household's estimated home heating costs as follows: 1. An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season. 2. For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid, the county department shall use the flat rate amount. The State Department shall adjust the flat rate amounts annually based on the average actual home heating costs found in the LEAP system by dwellng type for the prior year's heating season and make that information available by September 1 of each year to the county departments through an Agency Letter. 3. The State Department shall adjust the standard rates for heat in rent annually based on the flat rate amounts adjustment and make that information available by September 1 of each year to the county departments through an Agency Letter. Cnloradb Department of Human Services: CDHS Policies Page 175 of 236 Step B. Initial Statewide Adjustment The state LEAP office will adjust benefit levels at the beginning of each LEAP program year based upon the projected number of LEAP applications to be received and the estimated level of funding. Annually, this calculation determines the percentage of the Estimated Home Heating Costs (EHHC) of theapplicanthouseholdtobeadjusted. Step C. Adjustment for Electric Heat Households using electric heat will have their electric usage costs reduced to the percentage amounts listed below. HEAT PORTION OF TOTAL ELECTRIC EHHC: House /Mobile Home 62% FOR HEAT Townhouse /Duplex /Triplex /Fourplex 48% FOR HEAT Apartment, Condominium, Hotel, Rooming House 43% FOR HEAT Cabin, RV, 5th Wheel, Camper 50% FOR HEAT Step D. Adjustment for Shared Living1mg Arrangements The estimated home heating costs shall be adjusted if the household shares living arrangements with other households but is determined to be a separatehouseholdasdefinedinthe "Definitions" section of these rules. If the household shares living arrangements with other households, the estimated home heating cost shall be divided by the number of separate households sharing the living arrangements, whether or not all households sharing the livingarrangementsareeligibleforthebasicprogram. Step E. Adjustment for Subsidized Housing Home Heating Allowance The State Department shall adjust the amount of estimated home heating cost remaining after Step B if the household resides in subsidized housing (as defined in the "Definitions" section of these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating season) shall be deducted from the remaining amount of estimated home heating costs. If the household does not live in subsidized housing, the amount remaining after Step B shall betheestimatedhomeheatingcost. Step F. Determine Income Contribution The amount of an eligible household's income contribution towards payment of home heating costs shall be determined according to the household's level of poverty. To determine poverty level, the total income for a household shall be divided by the applicable poverty level index for the appropriate family size.Once poverty level has been determined, the eligible household's income contribution will be calculated as follows: Level of Poverty Household Contribution 0 -75%0% 76 -100%1% of countable income 101 -150%2% of countable income 151 -185%3% of countable income Step G. Determine Basic Program Amount The State Department shall determine a benefit amount for each eligible household by subtracting the applicable adjustments listed above, in Steps B -F from the household's Estimated Home Heating Costs (EHHC) determined in Step A, 1 -3. Any eligible household will receive at least the minimum, up to and including, the maximum benefit amount established by the Department for the program year. 3.758.48 Adjustments [Rev. eff. 11/1/08] The State Department will provide the county departments advance written notice of any statewide benefit level adjustments. Any statewide adjustment to the LEAP benefit level cannot be appealed. The benfit amount in a prior LEAP season is not indicative of a current LEAP season benefit amount and benefit levels may vary from season to season depending on funding and the applicant pool. 1758.49 Forfeiture of Benefit [Eff. 11/1/98) If the benefit is not properly claimed within the current federal fiscal year for the period of intended use, the household will forfeit the remaining benefit. 141- n- /k:rtirtv n rrnv/ arvne /rrike /rral /vrnlnmaTlAtaile ;of'nIQ /')nt Colorado Department of Human Services: CDHS Policies Page 176 of 236 3.759 OUTREACH AND REFERRAL 3.759.1 COUNTY DEPARTMENTS 3.759.11 Operation [Rev. eff. 11/1/83] The county department has responsibility for the operation of a county -wide outreach program. The outreach program shall be operated in accordance with guidelines contained in this section. The county may opt to contract with other agencies to perform all or part of the required outreach activities. Counties must assure that outreach includes: A. Coordination with other agencies, organizations, and groups to facilitate the participation of potentially eligible persons with emphasis on most vulnerable (e.g., elderly, disabled, home bound, non - English speaking); 8. Access to Basic Program information and application forms. Outreach staff must identify locations in the county, such as community action programs, social security offices, low- income housing sites, etc., for distribution of information, taking of applications, etc., through these sites. In addition, the county must have sufficient telephone lines to ensure access to information without requiring office visits. C. An effective county -wide information and referral system involving local agencies and organizations; D. A referral system to weatherization and other energy conservation programs in the county; E. Special efforts to meet the needs of target groups (e.g., home visits for home bound, outstationing of outreach staff, etc.). County departments shall assist disabled and elderly (as defined in the DEFINITION section of these rules) applicants in completing applications and securing the required verification; F. Regular communications with cooperating agencies to identify concerns, problems, etc.; G. Encourage utility companies to refer their customers to the county departments. 3.759.12 Outreach Plan [Rev. eff. 11/1/03] The county department shall develop an outreach plan which describes specific activities the county will perform to carry out the specific responsibilities outlined in 3.759.11 above. The plan shall be available for public inspection at the county department. 3.759.13 Reporting Requirements [Rev. eff. 12/1/07] County departments shall comply with outreach reporting requirements as prescribed by the State Department. Failure to comply may result in the recovery of outreach funds. 3.759.2 OUTREACH ACTIVITIES 3.759.21 [Rev. eff. 12/1/07] Outreach materials shalt be distributed to various community agencies targeting groups such as elderly, persons with disabilities, veterans, migrant seasonal workers, renters, Native Americans, and non - English or limited English speaking communities. 3.759.3 TIMELINES FOR OUTREACH IMPLEMENTATION 3.759.31 Implementation [Rev. eff. 11/1/03] 1ttn• / /unanar enlnrarin anv/ annc /nrihc /rral /vnliimPfletailc icf 0/2/1(111 M E tfioi 1 B STATE OF COLORADO w,„-- i Colorado Department of Human Services 1878 * people who help people OFFICE OF ECONOMIC SECURITY John W. Hickentooper Julie KerksIck, Director Governor DIVISION OF ENERGY ASSISTANCE Reggie Riche 788 Sherman Street, Suite 440 Executive Director Denver, Colorado 80203 Phone (303) 881 -0289 FAX (303) 881 -0275 www,colorado.00v /cdhslleac Todd Jorgensen Director January 26, 2012 Dear Director: The purpose of this letter is to provide county departments with revised 2011 -2012 LEAP program administration and outreach allocations (Attachment A). Pursuant to the initial LEAP allocation letter sent out on October 20, 2011, I conveyed to counties that I hoped the initial allocations would be revised once Congress passed a final federal LIHEAP budget and we received revised state allocations from the U.S. Department of Health and Human Services. Late last year Congress passed the Consolidated Appropriations Act of 2012 (Public Law 112 -74), including the federal LIHEAP budget. The budget provides about $3.44 billion in total funds, with Colorado receiving about 47.31 million. Total county administration funds for FFY 2012 will be revised from $3.04 million to $3.83 million. LEAP benefits will be adjusted accordingly. These adjustments will be made once new caseload projections are conducted and will be automated through the LEAP system. County LEAP coordinators will be notified of the new benefit levels once they are established. Please see the attached table for your county's revised LEAP administration allocation. The remaining information in the original October 20, 2011 letter regarding the appropriate use of LEAP funds, supplemental allocation requests, and the use of county Temporary Assistance for Needy Families (TANF) Maintenance of Effort (MOE) funds to cover LEAP over - expenditures still applies. If you have any questions regarding the allocations, please contact me at (303) 861 -0325 or todd.jorgensen(astate.co.us or Esther Cook at (303) 861 -4463 or esther.cook@state.co.us. Sincerel l9 Todd Jor ensen Director, ivision of Energy ssistance CC: Julie Kerksick, Director, Office of Economic Security Dee Martinez, Deputy Executive Director, Enterprise Partnerships David Brown, Program Accounting Supervisor Michael Auran, Settlement Accounting County LEAP Coordinators Our Mission is to Design and Deliver Quality Human Services that improve the Safety and Independence of the People of Colorado LEAP ALLOCATION CHART 201112012 2011/2012 - 2010/2011 ADMIN OUTREACH TOTAL APPS s ADAMS 345,728 54,133 13,464; 9.022% ALAMOSA 44,654 6,992 1,739 1.165% ARAPAHOE 374,308 ,58,608 14,577 9.768% ARCHULETA 14,200 2,223 553 0.371% BACA 7,832_1,226 305 0.204% BENT 11,838 1,853 461 0.309% BOULDER 126,952 19,878 4,944 3.313% CHAFFEE 24,112 3,775 939 0.629% CHEYENNE 1,977 310 77 0.052% CLEAR CREEK 9,090 1,423 354 0.237% CONEJOS 25,241 3,952 983 0.659% COSTILLA 19,284_ _3,019 751 0.503 % CROWLEY 10,451_1,636 407 0.273% CUSTER 7,524 1,178 293 0.196% DELTA 50,329 7,880 1,960 1.313% DENVER 505,779 79,193 19,697 13.199% DOLORES 4,083 639 159 0.107% DOUGLAS 48,711 7,627 1,897 1.271% EAGLE 10,246 1,604 399 0.267% ELBERT 9,860 1,544 384 0.257% EL PASO 478,458 74,916 18,633 12.486% FREMONT 70,127 10,980 2,731 1.830% GARFIELD 24,702 3,868 962 0.645% GILPIN 4,802 752 187 0.125% GRAND 6,959 1,090 271 0.182% GUNNISONIHINSDALE 11,529 1,805 449 0.301% HUERFANO 26,217 4,105 1,021 0.684% JACKSON 2,183 342 85 0.057% JEFFERSON 255,984 40,081 9,969 6.680% KIOWA 2,465 386 96 0.064% _ KIT CARSON 8,089 1,266 315 0.211% LAKE 8,628 ,1,351 336 0.225% 1 A 40 DISCGOO -01 LSHARP A ` _ ° ROm CERTIFICATE OF LIABILITY INSURANCE DATE 9//1111 /2 /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CB Insurance, LLC PHONE FAX 1 South Nevada Ave., Suite 105 A/C, No, Ert): (719) 228 - 1070 A/C, No): (719) 228 -1071 Colorado Springs, CO 80903 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Insurance Company 23850 INSURED INSURER B : Pinnacol Assurance 41190 Discover Goodwill of Southern & Western INSURER C : Colorado INSURER D :1460 Garden of the Gods Rd. Colorado Springs, CO 80907 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR.JVVD POLICY NUMBER MM /DD/YYYY) (MM /DD/YYYY)LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,000,000 A X COMMERCIAL GENERAL LIABILITY PHPK869032 6/1/2012 6/1/2013 DAMAGES(RENTED 1,000,000PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) 20,000 PERSONAL & ADV INJURY _ $1,000,000 GENERAL AGGREGATE 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP /OP AGG $3,000,000 7 POLICY PRO-JECT LOC AUTOMOBILE LIABILITY EOMBIIN LIMIT 1,000,000 A X ANY AUTO PHPK869032 6/1/2012 6/1/2013 BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE AUTOS Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE 15,000,000 A EXCESS LIAB CLAIMS -MADE PHUB383016 6/1/2012 6/1/2013 AGGREGATE 15,000,000 DED X RETENTION $ 10,000 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ERY/ NBANYPROPRIETOR /PARTNER /EXECUTIVE 4069776 6/1/2012 6/1/2013 E.L. EACH ACCIDENT 1,000,000 OFFICER /MEMBER EXCLUDED?N /A Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Pitkin County Health & Human Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0405 Castle Creek Rd. Suite 8 ACCORDANCE WITH THE POLICY PROVISIONS. Aspen, CO 81611 AUTHORIZED REPRESENTATIVE 404,9..e.,JI 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD