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Home My WebLink About1994-097 Agrmt - ACCESS Energy AsstOREGON LOW INCOlV[E ENERGY ASSISTANCE-CONTRACT~ BE~/~: ACCESS, Inc. (hereinafter called Agency) CITY OF ASHLAND Home Energy Supplier (hereinafter called KES) WHE~AS, the parties want to provide a mechanism by wkich they can carry out the provisions of the Low Income Home Energy Assistance Program (hereinafter called LIEAP), and WI-~REAS, the parties want to assure that the funds available under this program are used in accordance with the requirements of Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) and Title VI of the Human Services Reauthorizafion Act of 1984 (P.L. 98-558) and Title VII of the Augustus F. Hawkins Human Services Re. authorization Act of 1990 (P.L. 101-501) and WHEREAS, no FtES shall be paid without signing an agreement for payment. THEREFORE, in exchange for the mutual prom/ms contained herein, the parties agree to the terms and conditions set forth below. Definitions An "Eligible Household" is one that has appliexl for and been approved for energy assistance by the Agency by means of an Energy Assistance Authorizaton. "A_c. count Payments' are payments made by the Agency to the lIES on behalf of an Eligible Household and may include pre-payment for fuel prior to its delivery, payment for bills incurred by the Eligible Household prior to the date of the application for LIF. AP assistance, and a line of credit for future u.sage. o 'Energy Assistance Authorization' will contain the Eligible Household's utility account number, the name of the person applying for energy assistance, the name appem'ing on the ]:rK$ account for the Eligible Household, the address of the Eligible Household, the amount of the energy assistance for which the household is eligible. Agency Conditions The Agency will notify the tIES of payments to be made on behalf of an Eligible Household with an Agency Report or a copy of the Energy Assistance Authorization. This notification may be oral, but wii1 always be verified with a written report or authorization. The Agency shall pay all valid Energy Assistance Authorizations promptly and on no account later than 45 days after eligibility is established for a household. o their behalf to an PIES. The Agency will notify all Eligible Households of the amount of Account Payments made on 95-5-3 10. ii. 12. 13. 14. 16. 17. 18. Bul/c~fuel deliveries will be made in accordance with the normal business practice~ of tlle EES. lqo deliveries, except those agreed to by the FrF_~ and the Agency, Mil be made on Saturdays, Sundays or Hol/days. The i:IF_S shall on/y charge the Eligible Households up to its posted cash price as of the date of delivery. No interest shall be charged to the Eligible Household between the date of notification of the household's eligibility and the date the I~S receives the Account Payment. In the event that bulk fuel cannot be delivered by the I:tES, the Agency will be notified immediately. If an Account Payment has been made, the full amount of the Account Payment shall be returned within 20 days of the receipt of the funds to the Eligible Household or forwarded to the new I:tY_eS at the Eligible Household's request. In the event that services cannot be delivered by the ~ because thc Eligible Household has been disconnected for non-payment of service and cannot be reconnected because the Eligible Household will not enter into a payment agreement under terms acceptable to the Fr~.S, the ~ will send to the Eligible Household any Account Payment rece/ved by the FiES on behalf of the Eligible Household within 10 days after the date on wh/ch a payment agreement could not be reached. If the ~ has not yet received the Account Payment, the liES will notify the Agency to send the payment directly to the ELigible Household. In the event the Eligible Household voluntar//y discontinues serv/ce after notification of eligibility by the Agency, the ~ shall return to the Eligible Household any unused portion of any-Account Payment received by BF_3 on behalf of the Eligible Household or forward the balance to the hew FtES at the Eligible I-Iousehold's requ~t.. This shall be done prior to the next billing cycle. In the event that the ELigible Household cannot be located after service h~s been'discontinued, the unused portion of the Account Payment shall be returned to the Agency as soon as possible and in no event later than 45 days after the discontinuan~ of service. All payments returned to the Agency shall be accompanied by a notification showing the l:rl:_S name, the Eligible Household's name, the Energy Assistance Authorization number, the amount returned on behalf of the Eligible Household, the date of and reason for rem. In the event of the death of the cUStomer after notification of eligibility, the Account Payments b.elong to the estate of the deceased. If there ks no estate, the Account Payment should be returned to the Agency with the notification set out in Section 12 above. The-Ft'F~ shall m~illlitin all adequat~ accounting system to allow verification of the amount of home energy delivered to Eligible Households with Account Payments. Auditors and/or investigators of the Oregon Housing and Community Services Department, the Secretary of State's Office of the State of Oregon, or the fedea'a/government, shall be allowed access to LIEAP records the ~ may have which the auditors or investigators'd.etermine are dir~c~ fly pertinent to this contract and reasonably needed to monitor and review the l:rl:_q's complimace with the provisions of this agreement. The FIES shall cooperate in the conduct of such reviews. If requested by the Eligible Household, the Agency will request I-IES to provide, at no cost to the Agency or the Eligible Household, an annual consumption record of the Eligible Household. A__mefidmenfs : The terms of t~is contract slml/not be waived, alterS, modified, supplemented or amended, in any manner whatsoever except by written instrument signed by ~e parties. Execution and Counterparts This contract may be executed in several counterparts, each of which shall be an originai, all of which sha//constitute but one and the same ins~a-ument. Severabili _ty If any provision of this contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. ..Assignment The ~ sh~ll not assign or transfer its interest in this contract without the express written consent of the Agency. Wa/vet The failure of the Agency to enforce any provision of this contract shall not constitute a waiver by the Agency of that or any other provision. State Tort Claims .Act The FIES is not an officer, employee, or agent of the state as those terms are used in ORS 30.265. Indemnity_ The ~rl=S shall save and hold harm/ess the Agency, its officers, agents, employees and members from all claims, suits or actions of whatsoever nature resulting from or arising out of the activities of the Yr~_~ or its subcontractors, agents, or employees under this contract. Successors In Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the pan/es hereto, and their respective successors and assigns. 95-5-7 ~,-,. ar2~ga Merger TH]IS CoBrnL~CT CONSTITUTES TI:ZE ENTIRE CONTRACT BETWEEN T!;tE PARTIE3. NO WAIVER, CONSENT, MODIFICATION OR CiClANGE OF TERMS OF T/~S CONTRACT SI-I_ALL BIND EITi=IER PARTY UNLESS IN WRSrI~G AND SIGNF2) BY BOTI:I PARTIES. SUCH WAIVER, CONSENT, MODIZF~CATION OR CI:IANGE, ZF MADE, SI:t. ALL BE EFFECTIVE ONLY IN TI-ZE SPECZFIC I1NTSTANCE AND FOR Ti:ZE SPECIFIC PUR_POSE GIVEN. TI{ERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRI'UI~N, NOT SPECZF/ED HEREZN REGARDING TI-~S CONTRACT. TSIE HES, BY THE SIGNATURE BELOW OF ITS ALrr~oRIZED P,.EI>RF_3ENTATIVE, I--IERF. BY ACKNOVv'LEDGES TF._AT IT F._~S READ TI-ZIS CONTRACT, UNDERSTANDS IT, AND AGRI~:S TO BE BOLrND BY iTS TERMS AND CONDITIONS. CITY OF ASHLAND Home Energy Supplier Name (Printed) (~/J City Administrator Title (Printed) (503) 482-3211 Telephone 20 E. MAIN ST. Address Dated: 10/13/94 ASHLANDt OR 97520' State, and Zip Code Agency Director Board Chair Dated:~