HomeMy WebLinkAbout5.809 Original Contract803 W. Park Avenue, Port Townsend, WA 98368
Telephone (360) 38502571 Fax (360) 385 -5185
LOW- INCOME HOME HEATING ENERGY VENDOR AGREEMENT
This agreement dated as of Auaust 6. 2009 , is
entered into by and between Olympic Community Action Programs, (Agency)
and City of Port Angeles , a supplier
of home heating energy, (Vendor).
PURPOSE
Funding for Low - Income Home Energy Assistance Program (LIHEAP) payments
is governed by Federal Law 42 U.S.C. 8624: Low - Income Home Energy
Assistance Act of 1981, and subsequent amendments. This act requires that
certain assurances be satisfied before energy assistance payments are made on
behalf of eligible individuals to suppliers of home heating energy. This
agreement defines the conditions that the Energy Vendor must agree to so that
the Agency can make energy assistance payment to the Energy Vendor on
behalf of eligible households.
AGENCY RESPONSIBILITIES
The Agency shall:
1. Accept and review client applications and determine eligibility of
households for LIHEAP payments.
2. Follow procedures that minimize the time elapsing between the receipt of
LIHEAP funds and their disbursement to Vendor.
3. Make payments in a timely manner to the Vendor on behalf of eligible
households between October 1 and August 31 of the program year for the
term of this agreement.
4. Follow sound fiscal management policies, including, but not limited to
segregation of LIHEAP funds from other operating funds of the Agency.
1
5. Notify customer and /or Vendor of the customer's eligibility and total benefit
amount.
6. Incorporate policies that assure the confidentiality of eligible households'
energy usage, balance and payments.
7. Upon request from Vendor, provide a statement verifying income of an
eligible household for the sole purpose of determining moratorium
eligibility within the statutory guidelines of confidentiality.
ENERGY VENDORS RESPONSIBILITIES
The Energy Vendor shall:
1. Immediately apply the benefit payment to customer's current/past due bill,
deposit/reconnect requirements, or delivery of fuel to eliminate the amount
owed by the customer for a period determined by the amount of the
benefit, or;
2. Apportion the LIHEAP over several billing periods to reduce the amount
owned by the customer until the benefit is exhausted, or;
3. Establish a line of credit for the customer to be used at the discretion of
the customer until the benefit is exhausted.
4. Notify the customer of the amount of benefit payments applied to the
customer's billing.
5. Keep customer records confidential.
6. Maintain records for four years from the date of this agreement, or longer
if the energy Vendor is notified that a fiscal audit for a specific program
year is unresolved.
7. Not treat adversely or discriminate against any household that receives
LIHEAP payments, either in the cost of the goods supplied or the services
provided.
8. Upon request of the agency, provide eligible customer's energy
consumption history for the sole purpose of determining customer benefit.
9. Comply with the provisions of the State law regarding winter disconnects
and pertinent provisions of the Washington Administrative Code related to
the winter moratorium, if governed by that ruling.
2
10. Make records available for review by authorized staff of the agency and
the Department of Commerce, and the U.S. Department of Health and
Human Services.
REQUIRED RECORDS FOR AUDIT PURPOSES
The Vendor will keep records showing the following:
1. Name and address of household who received LIHEAP payments
2. Amount of assistance accrued to each household
3. Source of payment (Energy Assistance, Project Share, etc)
4. Amount of the household's credit balance when the benefit payment
establishes a line of credit. This credit balance also needs to show on all
customer billing documents
CREDIT BALANCES
In the event that a customer has a credit balance and no longer needs service
from the energy Vendor, the vendor shall:
1. Forward a check in the amount of any remaining credit balance directly to
the customer, or if directed by the customer, forward a two -party check for
this balance to the customer in the customer's name and the name of the
new home heating energy Vendor
2. If the customer dies leaving a credit balance resulting from a LIHEAP
payment, the remaining credit becomes part of the customer's estate
3. The energy Vendor shall dispose of all unclaimed credit balances
according to customary procedures or applicable Washington State law
OTHER PROVISIONS
Term of Agreement
This agreement is effective from the date of execution for the current heating
season which is defined as October through August and must be renewed on an
annual basis.
Termination
3
This agreement may be terminated by either party with a thirty (30) day written
notice to the other party. Termination shall not extinguish authorized obligations
incurred during the term of the agreement. If LIHEAP funding is withdrawn,
reduced or eliminated by the Department of Commerce, the agency has the right
to terminate this agreement immediately.
Assignment of Agreement
Neither party may assign the agreement or any of the rights, benefits and
remedies conferred upon it by this agreement to a third party without the prior
written consent of the other party, which consent shall not be unreasonably
withheld.
The Vendor and the Agency do hereby agree to the conditions set forth in this
agreement.
Agency
Signature
Timothy L. Hockett
Printed Name
Executive Director
Title
Olympic Community Action Proarams
Name of Company
le 5
Date
4
Vendor
Signature
HOME HEATING ENERGY VENDOR AGREEMENT
Kent Me s
Printed Name
City Manager
Title
�j_tv of Port Angel ac
Name of Company
September 17, 2009
Date
5. ~Oq
803 W. Park Avenue, Port Townsend, WA 98368
Telephone (360) 385-2571 Fax (360) 385-5185
LOW-INCOME HOME HEATING ENERGY VENDOR AGREEMENT
This agreement dated as of October 31, 2006 , is entered into by
and between Olympic Community Action Programs, (Agency) and City
of Port Angeles , a supplier of home heating
energy, (Vendor).
PURPOSE
Funding for Low-Income Home Energy Assistance Program (L1HEAP) payments
is governed by Federal Law 42 U.S.C. 8624: Low-Income Home Energy
Assistance Act of 1981, and subsequent amendments. This act requires that
certain assurances be satisfied before energy assistance payments are made on
behalf of eligible individuals to suppliers of home heating energy. This
agreement defines the conditions that the energy Vendor must agree to so that
the Agency can make energy assistance payment to the energy Vendor on
behalf of eligible households.
AGENCY RESPONSIBILITIES
The Agency shall: accept and review client applications and determine
eligibility of households for L1HEAP payments.
Follow procedures that minimize the time elapsing between the receipt of
L1HEAP funds and their disbursement to Vendor.
Make payments in a timely manner to the Vendor on behalf of eligible
households between October 1 and August 31 of the program year for the term
of this agreement.
Follow sound fiscal management policies, including, but not limited to
segregation of L1HEAP funds from other operating funds of the Agency.
Notify customer and/or Vendor of the customer's eligibility and total benefit
amount.
- 1 -
Incorporate policies that assure the confidentiality of eligible households energy
usage, balance and payments.
Upon request from Vendor, provide a statement verifying income of an eligible
household for the sole purpose of determining moratorium eligibility within the
statutory guidelines of confidentiality.
ENERGY VENDORS RESPONSIBILITIES
The Energy Vendor shall: Immediately apply the benefit payment to customer's
current/past due bill, deposit/reconnect requirements, or delivery of fuel to
eliminate the amount owed by the customer for a period determined by the
amount of the benefit, or;
Apportion the L1HEAP over several billing periods to reduce the amount owned
by the customer until the benefit is exhausted, or;
Establish a line of credit for the customer to be used at the discretion of the
customer until the benefit is exhausted.
Notify the customer of the amount of benefit payments applied to the customer's
billing.
Keep customer records confidential.
Maintain records for four years from the date of this agreement, or linger if the
energy Vendor is notified that a fiscal audit for a specific program year is
unresolved.
Not treat adversely or discriminate against any household that receives L1HEAP
payments, either in the cost of the goods supplied or the services provided.
Upon request of the agency, provide eligible customer's energy consumption
history for the sole purpose of determining customer benefit.
Comply with the provisions of the Stat law regarding winter disconnects and
pertinent provisions of the Washington Administrative Code related to the winter
moratorium, if governed by that ruling.
Make records available for review by authorized staff of the agency and
Washington State Department of Community, Trade and Economic Development
(CTED) and the U.S. Department of Health and Human Services.
- 2 -
REQUIRED RECORDS FOR AUDIT PURPOSES
The Vendor will keep records showing the following:
. Name and address of household who received L1HEAP payments
. Amount of assistance accrued to each household
. Source of payment (Energy Assistance, Project Share, etc) . .' ,
. Amount of the household's credit balance when the benefit p'ayment .
establishes a line of credit. This credit balance also needs to show on all
customer billing documents
CREDIT BALANCES
In the event that a customer has a credit balance and no longer needs service fro
the energy Vendor, the vendor shall:
. Forward a check in the amount of any remaining credit balance directly to
the customer, or if directed by the customer, forward a two-party check for
this balance to the customer in the customer's name and 'the name of the
new home heating energy Vendor
. If the customer dies leaving a credit balance resulting froIT) a L1HEAP
payment, the remaining credit becomes part of the customer's estate
. The energy Vendor shall dispose of all unclaimed credit balances
according to customary procedures or applicable Washington State law
OTHER PROVISIONS
Term of Agreement
This agreement is effective from the date of execution.
Termination
This agreement may be terminated by either party with a thirty (30) day written
notice to the other party. Termination shall not extinguish authorized obligations
incurred during the term of the agreement. If L1HEAP funding is withdrawn,
reduced or eliminated by CTED the agency has the right to terminate this
agreement immediately.
Assignment of Agreement
Neither party may assign the agreement or any of the rights, benefits and
remedies conferred upon it by this agreement to a third party without the prior
written consent of the other party, which consent shall not be unreasonably
withheld.
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.. .... ....
The Vendor and the Agency do hereby agree to the conditions set forth in this
agreement.
Agency
.~,~~~
Vendor
~~
gnature
Jk. ~
~
Signature
Timothy ~.. lliOCkett
Printed Name Executive Director
Yvonne ziomkowski
Printed Name
Finance Director
Title
Title
Oivmpic Community Action ProQrams
Name of Company
{II ~ /O(P
City of Port Angeles
Name of Company
Date
October 31~ 2006
Date
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