Loading...
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. - 3 - .. .... .... 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 - 4 -