HomeMy WebLinkAboutC97-323 Public Service Company of ColoradoFOR COUNTY USE ONLY
2 3 cZ 0 COUNTY #
C �� 3 VENDOR #
1997-98. APPROVED VENDOR DATA INFORMATION
Enter your vendor/business name: Public Service Qp=Qany of Colnrado
2. Enter your business mailing address (include zip code).
All LEAP information will be mailed to this address:
Ia00 Glenarm Pl
dammer m Rn202
3. Enter the name of the LEAP contact person for your business: Tatt w Vialrando
4. Enter the business telephone number for your contact person: ( 303) 571— an
(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)
Chevenne
(30)
Jefferson
(51)
Pueblo
(10)
Clear Creek
(31)
Kiowa
(52)
Rio Blanco
(11)
Conejos
(32)
Kit Carson
(53)
Rio Grande
(12)
Costilla
(33)
Lake
(54)
Routt
(13)
Crowlev
(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
Electncity
Kerosene
Other
Propane Gas
Coal
Please describe any special conditions which apply to your deliveries, such as minimum delivery amounts,
special charges, etc. If this does not apply to your business, write 'N/A".
LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)
VENDOR AGREEMENT
A,ireement made this
County Commissioners of
day of 19 by and between the Board of
(county), acting by and through the
Countv
Department of Social Services and Public Service Company of Colorado, 1400 Glenarm Place, Denver,
Colorado 50202 (hereinafter referred to as Vendor).
WHEREAS. Title XCW of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides
for Home Energy assistance to Eligible Households; and
WHEREAS. the parties hereto desire to establish an arrangement to carry out the provisions of this Act
and to assure that funds available under this Act are used in accordance therewith.
NOIN". therefore it is hereby mutually agreed:
The following definitions shall apply in the interpretation of this Contract:
"Household" or "Elicrible 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;
Home Energy" shall include electricity and natural gas:
'County Department" means the County Department of Social Services:
"Primary Heating Source" is the main type of fuel used to provide the majority of the heat to the
residence;
"Estimated Home Heating Costs" are the amount of the Home Energy Costs incurred during the
previous heating season to be used as an estimate or projection f the anticipated heating costs for
the current heating season (November 1st through April 30th). Such costs shall not include
payment arrearages, investigative charges, reconnection fees, or other such charges not related
to fuel prices and consumption levels. Estimated Home Energy Costs for an Applicant Household
shall consist of the total actual Home Energy Costs for the Primary Heating Source for the period
of November 1, 1997 through April 30, 1998 for the Household's current primary residence.
Vendors are required to provide actual Home Energy Costs if available;
"Overpavment" means a Household received benefits in excess of the amount due that Household
based on eligibility and payment determination in accordance with LEAP rules.
F ',% P: i PSCO' `.'ENDORAGT
11. Responsibilities of the Vendor:
a. The Vendor shall implement the following provisions:
The Vendor will charge the Eligible Household, in the normal billing process, the difference
between the actual cost of the Home Energy and the amount of the payment made by the
County Department;
No Household receiving assistance under the program will be treated adversely because of
such assistance under applicable provisions of State law or public regulatory requirements;
3. The Vendor will not discriminate, either in the cost of the goods supplied or the services
provided, against the Eligible Household on whose behalf payments are made;
4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10)
working days after a payment is received from the County Department for such Household
and credit will be reflected in the next normal billing;
The Vendor will notify the County Department in writing, no less often than monthly, of
amounts received from the County Department and credited to an Eligible Household's
account and the date such credit was made;
Upon notification by the County Department, the Vendor will reimburse amounts to the
County Department within ten (10) working days in the case of incorrect payments or
overpayments by the County Department;
If the Vendor has been notified by the County Department that a Household has been
approved for the Basic Program payment:
a) the Vendor shall initiate service, continue service, deliver fuel or restore service,
whichever is applicable, to the Household within 24 hours of notification, unless:
1) the Eligible Household -is in a pending shutoff situation and the amount of the
County Department payment is less than 25% of the Household's arrearage, or;
2) the Eligible Household is shut off and the amount of the County Department
payment is less than 50% of the Household's arrearage.
If (1) or (2) exists the Vendor may, at the Vendor's discretion, refuse payment
from the County Department, in which event Vendor shall not be required to
continue or reinstate service.
If the Vendor refuses to accept the LEAP benefit, the Vendor shall notify the
county within three (3) working days and send written notice to the Eligible
Household advising them the payment will not be accepted and no
holds/reconnect will be offered.
F:1WP511PSCOIVENDOR.AGT - 2 -
l�
b) The Vendor shall make a good faith effort to establish or re-establish an installment
or modified budget billing arrangement with the approved Household if the Household
is in an actual or potential shut-off situation at any time during the program year.
Good faith effort is defined as documented attempts to reach Eligible Households
through phone contacts, written correspondence and/or personal visits as Vendor in its
sole discretion deems appropriate; and reasonable attempts to jointly establish a
monthly payback schedule not to exceed the current bill plus an agreed upon fraction
of all arrears (which fraction need not be less than one-sixth);
The Vendor will not terminate utility services of a Household approved for the LEAP
Program payment less than sixty days after notification of eligibility by the County_
Department and throughout the time the Household remains eligible unless:
a) The Household fails to enter into an installment or modified budget billing payment
plan with the Vendor; or
b) The Household fails to make the required payments under an installment or modified
budget billing plan or any other payment plan negotiated with the Vendor;
The Vendor will not terminate service or refuse service of a Household approved for the
LEAP Program payment if such Household presents to the Vendor a medical certificate,
signed by a licensed physician or health practitioner acting under a physician's authority,
stating that termination of service would be especially dangerous to the health and safety of
any member in the approved Household as prescribed in Colorado P.U.C. 13, article ( f)
sections ( f)(1), (f)(2), (f)(3)), and (f)(4);
10. If the Vendor has been notified by the County Department that a Household has applied for
the LEAP Program, the Vendor will not terminate services to the Household for ten (10)
working days after notice that application has been made or until the Vendor is notified of
the eligibility determination of the Household, whichever occurs first;
11. The Vendor shall maintain confidentiality of information provided by the County
Department about a Household's benefit in accordance with applicable Federal and State
Laws;
12. Any payments which cannot be credited to an account shall be returned within ten (10)
working days to the County Department;
13. The Vendor shall report any credit balance due to an Eligible Household when the
Household moves or no longer uses Vendor (up to the amount paid on behalf of an Eligible
Household, excluding any deposits made by the Household) to the County Department
within ten (10) workingdays. The Vendor must return such credit balance to the County
Department within ten (10) working days of a county request;
14. The Vendor shall refund anv credit balances to the Eligible Household after May 31, 1998
upon the Eligible Household's request;
F: WP= I PSCOI',.'ENDOR.AGT -3 -
15. In the event that service cannot or will not be delivered by the Vendor to the Household, the
credit balance due to the Household (up to the amount paid on behalf of an Eligible
Household excludingany deposits made by the Household) will be returned to the County
Department within ten (10) working days;
16. All payments returned to the County Department shall be accompanied by a notification _
showing the Vendor name, the Household's name, the amount returned on behalf to lie
Eligible Household and the date and reason for return by the Vendor;
17. All funds due to the County Department shall be returned to the County Department no later
than August 15, 1998;
18. All other requirements of Federal and State laws and regulations shall be adhered to;
19. All Customer Households subject to utility shutoff or who are financially unable to purchase
fuel shall be provided with address and telephone number information about the Low
Income Energy Assistance Program;
20. In appropriate cases the Vendor will furnish a Household with information on and provide
assistance in establishing a budget billing plan. The calculation used to establish the
Household's monthly payment under such budget billing plan shall include any payments
made on behalf of the Household by the Low Income Energy Assistance Program as well
as payments to be made directly by the Household;
21. The Vendor shall establish such fiscal control and fund accounting procedures as maybe
necessary to assure the proper use and accounting of funds under this Agreement.
All records maintained by the Vendor relating to this Agreement shall be available on
reasonable notice, for inspection, audit or other examination and copying, by State and
County Department representatives or their delegates. Such records shall show the amount
of Home Energy delivered to each Eligible Household, the amount of payments made for
Home Energy by such Eligible Households, the dollar value of credit received on behalf of
each Eligible Household, the balance of available benefits and fuel costs. All records shall
be maintained for a period of 3 years following the termination of this Agreement. The
State and County Department reserve the right to monitor the implementation of this
Agreement by the Vendor;
22. The Vendor will provide County Departments documented estimates of home heating costs
for the period of November 1, 1997 through April 30, 1997 for any Eligible Household using
their service. Such estimates, if possible, shall be based on historical usage and such
estimates shall be provided to the County Department within 30 days of request. If the
Vendor fails to provide estimated home heating costs for an Eligible Household for the
period of November 1, 1997 through April 30, 1998, the County Department shall make any
payments to the Eligible Household (not the Vendor), unless the Vendor documents that
such data are not available due to no meters, broken meters, no prior years's service, skips
in service, or other reasons as established by the Colorado State Department of Human
FAWP511PSCOIVENDOR.AGT - 4 -
Services. The State and County Departments reserve the right to audit Vendor estimating
procedures, and to terminate the Vendor Agreement if estimates are found to be inaccurate
or inappropriate;
23. The Vendor will make LEAP applications available to their customers and offer assistance
in completing the applications. The county LEAP office will supply the Vendor with
applications, brochures and envelopes for the return of the applications;
24. Non-compliance by the Vendor with any of the above assurances of this Agreement or
applicable law or regulations shall be grounds for immediate termination of this Agreement.
Such termination shall include termination of payments on behalf of Eligible Households
and immediate return of credit balances or refunds owed to the County Department. Such
termination is in addition to all other legal remedies available to the County Department,
including investigation or prosecution of fraud in connection with this Agreement.
III. County Responsibilities:
a. The County Department shall promptly advise the Vendor in writing of the name, address,
account number, if any, an amount of payment for each Eligible Household;
The County Department shall notify all Eligible Households of the amount of Home Energy
payments to be made on their behalf to the Vendor;
The County Department shall make timely payments to the Vendor for Home Energy supplied
in accordance with the terms of this Agreement;
d. The County Department shall promptly notify the Vendor of all pertinent changes in this program
caused by changes in applicable law or regulations;
IV. General Provisions:
a. The term of this Agreement shall be November 1, 1997 through September 30, 1998;
b. This Agreement is subject to and contingent upon the continuing availability of federal funds.
In the event that insufficient funds, as determined by the State or County Department, are
available for this program, the State or County Department may immediately terminate this
Agreement;
This Agreement may be terminated by either party upon 30 days prior written notice to the other
party sent by certified or registered mail;
The Vendor may not assign this Agreement without the prior written consent of the County
Department;
e. The Vendor shall comply with all applicable Federal and State law and regulations, including
confidentiality of all records, termination and restoration of Home Energy service, and
F:1WP5ITSCO VENDOR.AGT .5-
t
discrimination. The Vendor certifies that it has all licenses, insurance, etc. required by law for
the provision of services hereunder;
f. If the Vendor has provided 60 days of continuous service in accordance with provision 7(a) of the
Agreement, and the Household moves and is no longer serviced by the Vendor, the period's
payment will be made to the Vendor, unless the Household owes no balance on the Vendor's
account.
FUEL VENDOR
Signature
David Wilks
President. Marketing & Services
Name and Title (Printed or Typed)
Public Service of Colorado
Company/Business Name
Denver 80201
City Zip Code
6C- Y,Ig��
Date
LEGAL OK:
Ducker, Seawell &
MoMgomery P.C.
Date: 10/) 1 y 7
F:` WP51 •PSCUIVENDOR.AGT - 6 -
CHAIRMAN, COUNTY COMMISSIONERS
ignature
Johnnette Phillips, Chairperson
Eagle County Board of Commissioners
Name and Title (Printed or Typed)
P.O. Box 850
Address
Eagle
City
Dec. 8, 1997
Date
81631
Zip Code
