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HomeMy WebLinkAboutC97-322 Ferrellgas:::i`xfdt�<>�s:tJ.kfkx uaw:.vi�t�;� C'97 32 2 2 4_. COUNTY # / IVENDOR# 1997-98 APPROVED VENDOR DATA INFORMATION 1. Enter your vendor/business name: 1-42 r f 2. Enter your business mailing address (include zip code). All LEAP information will mailed to this address: d 3. Enter the name of the LEAP contact person for your business: 7 4EZ 4. Enter the business telephone number for your contact person: ?,711 0F—% _ (area code) telephone number 5. Place a check by the Colorado county(ies) which your business serves either fully or partially: (01) Adams (22) Fremont (43) Montrose (02) Alamosa (23) Garfield (44) Morgan (03) Arapahoe (24) Gilpin (45) Otero (04) Archuleta (25) Grand (46) Ouray (05) Baca (26) Gunnison (47) -Park (06) Bent (27) Hinsdale (48) Phillips (07) Boulder (28) Huerfano (49) Pitkin (08) Chaffee (29) Jackson (50) Prowers (09) Cheyenne (30) Jefferson (51) Pueblo (10) Clear Creek (31) Kiowa (52) Rio Ma= (11) Conejos (32) Kit Carson (53) Rio Grande (12) Costilla (33) Lake (54) Routt (13) Crowley (34) La Plata (55) Saguache (14) Custer (35) Larimer (56) San Juan (15) Delta (36) Las Animas (57) San Miguel (16) Denver (37) Lincoln (58) Sedgwick (17) Dolores (38) Logan (59) Summit (18) Douglas (39) Mesa (60) Teller (19; Eagle (40) Mineral (61) Washington (20) Elbert (41) Moffat (62) Weld (21) El Paso (42) Montezuma (63) Yuma 6. Place a check by the type(s) of fuel service provided by your business: Natural Gas Fuel Oil Wood Electricity Kerosene Other Propane Gas �� Coal 7 Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts, LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) VENDOR AGREEMENT Agreement made this D day of .S2 tl-t , 19q2' , by and between the*Board of County Commissioners of k Q 9/g0 (county), acting by and through the 4E" 1e County Department of Social Services and J') 'n/LC- 1 /J a C__ I / /%X D (vendor name and address) (hereinafter referred to as Vendor). WHEREAS, Title 3CM of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and W111EREAS, the parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: a. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County Department that payment will be made to the Vendor on behalf of the Household; b. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; c. "County Department" means the County Department of Social Services; d. 'Non -Bulk Fuel' is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity, e. "Bulk Fuel' is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; f. "Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the residence; g. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling; h. "Estimated Home Heating Costs" are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the period of November 1, 1996 through April 30, 1997 for the Household's current primary residence. Vendors are required to provide actual home heating costs if available; i. "Program Year" means from November 1, 1997 through April 30, 1998 or until funds run out; j. "Eligibility Period" means there is one eligibility period for the program year - November 1, 1997 through April 30, 1998 or until funds run out; k. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules; 1. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; 11. Responsibilities of the Vendor: a. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the County Department - 2. No Household receiving assistance under the program will be treated adversely because of such assistance under applicable provisions of State law or public regulatory requirements; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Elik-ible Household on whose behalf payments are made; 4. The Vendor tL .: i credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. The Vendor will notify the County Department in writing no less often than monthly, of amounts credited to an Eligible Household's account and the date such credit was made; 6. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 7. Assurance that if the Vendor has been -notified by the County Department that a Household has been approved for the Basic Program payment that: a) the Vendor shall initiate service, continue service, deliver fuel or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the LEAP benefit is an amount less than 25% of the Household's arrearage, or, 2) the eligible Household is shut off and the benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the county within three (3) working days and send written notice to the eligible Household advising them the payment will not be accepted and no holds/reconnect will be offered, nor bulk fuel delivered, whichever is applicaple. The benefit shall be paid to the Eligible Household. b) The Vendor snail make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; 8. The Vendor will not terminate utility services of a Household approved for the Basic Program payment more than sixty days after notification of eligibility by the county department and throughout the time the Household remains eligible unless: a) The Household fails to enter into an installment or modified budget billing payment plan with the Vendor, or b) The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor, 9. The Vendor will not terminate service or refuse service of a Household approved for the Basic Program payment if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado P.U.C. 13, article (f) sections (f)(1), (f)(2), (f)(3), and (i(4): 10. (Not applicable to bulk fuel suppliers) If the Vendor has been notified by the County Departrneat that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days after notice that application has been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 11. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 12. Any payments which cannot be credited to an account shall be returned within ten (10) working days to the County Department; 13. The Vendor shall report any credit balance due to an Eligible Household when the ZlWusehold moves or no longer uses the originally approved Vendor (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the County Deparzrr.:: within ten (10) working days. The Vendor must return -such credit balance to the County Department within ten (10) working days of a county request; 14. The Vendor shall refimd any credit balances to the Eligible Household after May 31, 1998 upon the Eligible Household's request; 15. In the event that service cannot or will not be delivered by the Vendor to the Household, the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) will be returned to the County Department within ten (10) working days; 16. All payments returned to the County Department shall be accompanied by a notification showing the Vendor name, the Household's name, the amount returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 17. All funds due to the County Department shall be returned to the County Department no later than August 15, 1998; 18. All other requirements of Federal and State laws and regulations shall be adhered to; 19. All Customer Households subject to utility shutoff or who are financially unable to purchase fuel shall be provided with address and telephone number information about the Low Income Energy Assistance Program; 20. (Not applicable to bulk fuel vendors) In appropriate cases the Vendor will furnish a Household with information on and provide assistance in. establishing a budget billing plan. The calculation used to establish the Household's monthly payment under such budget billing plan shall include any'payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 21. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and -copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor, 22. The Vendor will provide County departments documented estimates of home heating costs for the period of November 1, 1996 through April 30, 1997' for any Eligible Household using their service. Such estimates, if possible, shall be -based on historical usage and such estimates shall be provided to the County Department within 30 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of November 1, 1996 through April 30, 1997, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available aue to no meters, broken meters, no prior year's service, skips in service, or other reasons as established by the Colorado State Department of Human Services. The State and County Departments reserve the right to audit Vendor estimating procedures, and to terminate -he Vendor Agreement if estimates are found to be inaccurate or inappropriate; 23. The Vendor will make LEAP applications available to their customers and offer assistance in completing the applications. The county LEAP office will supply the Vendor with applications, brochures and envelopes for the return of the applications; 24. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement Such termination shall include termination of payments on behalf of Eligible Households and immediate return of credit balances or refunds owed to the County Deparmic.,=. _'uch termination is in addition to all other legal remedies available to the County Deparanent, including investigation or prosecution of fraud in connection with this agreement. III. County Responsibilities: a. The County Department shall promptly advise the Vendor in writing of the name, address, account number, if any, and amount of payment for each Eligible Household; b. The County Department shall notify all Eligible Households of the amount of Home Energy payments to be made on their behalf to the Vendor; c. The County Department shall make timely payments to the Vendor for Home Energy supplied in accordance with the terms of this Agreement; d. The County Department shall promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions: a. The term of this Agreement shall be f through September 30, 1998; —77 b. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department, are available for this program, the State or County Department may immediately terminate this Agreement; c. This Agreement may ,be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail; d. The Vendor may not assign this Agreement without the prior written consent of the County Department; e. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. required by law for the provision of services hereunder; f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(a) of the Agreement, and the Household moves and is no longer served by the Vendor, the period's payment will be made to the Vendor, unless the Household owes no balance on the Vendor's account. FUEL VENDOR CHAIRMAN, COUNTY COMNIISSIONERS Signature L Vignature / V Johnnette Phillips, Chairperson Ytsdg Eagle County Board of Commissioners Name and Title (Printed or Typed) Name and Title (Printed or Typed) Company/Business Name C ,C elh 0 City Zip Code P.O. Box 850 Address Eagle 81631 City Zip Code Dec. 8, 1997- Date 997Date