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HomeMy WebLinkAbout1991-068 Agrmt - HUD Energy AsstHOUSIN(_; 3, N D CO M M U N S ti R V I C ~ S DIP 'LR I blENT OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES BETWEEN: COMMUNITY SERVICES DIVISION, Housing & Community Services Dept. (hereinafter called HCS) CITY OF ASHLA~D Home Energy Supplier (hereinafter called HES) CONTRACT "B" WHEREAS th= =we' ~ · _. : ._ p~_le~ want to provide a mechanism by which they can carry out the provisions of the Low Income Home Energy Assistance Program (hereinafter called LIEAP), and WHEREAS, 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 Reauthorization Act of 1984 (P.L. 98-558) and WHEREAS, no HES shall be paid without signing an agreement for payment. THEREFORE, in exchange for the mutual promises contained herein, the parties agree to the terms and conditions set forth below. Definitions An "Eligible Household" is one that has applied for and been approved for energy assistance by one of HCS's subgrantees and for whom the HES has been notified by HCS that payments will be made to the HES on behalf of that household. "Account Payments" are payments made by HCS to the HES on behalf of an Eligible Household and may include pre-payment for fuel prior to a~.. ~_~ ....... uh- Eligible Household prior to the date of the application for LIEAP assistance, and a line of credit for future usage. "Energy Assistance Authorization" will contain the Eligible Household's utility account number, the name of the person applying for energy assistance, the name appearing on the HES account for the Eligible Household, the address of the Eligible Household, the amount of the energy assistance for which the household is eligible, and an authorization number. AN EQUAL OPPORTUNITY EMPLOYER HCS Conditions HCS or its subgrantees will notify the HES of payments to be made on behalf of an Eligible Household with an Energy Assistance Authorization. This notification may be oral, but will always be verified with a written authorization. If possible, HCS or its subgrantees will provide copies of bills with the Energy Assistance Authorization. HCS shall pay all valid Energy Assistance Authorizations promptly and on no account later than 45 days after eligibility is established for a household by HCS or its subgrantees. HCS or its subgrantees will notify all Eligible Households of the amount of Account Payments made on their behalf to an HES. hCS or i~s subgrantees shall keep the BES informed in a timely manner of any relevant changes in LIEAP operation caused by changes in federal or state law. HCS certifies at the time this contract is written that sufficient funds are available and authorized for expenditure to finance costs of this contract. HES Conditions 1. The HES may refer its customers to HCS or its subgrantees for assistance~ The HES shall charge an Eligible Household, in the normal billing process, the difference, if any, between the actual cost of the home energy used by that Eligible Household and the Account Payment. 3 o The HES shall not discriminate, either in the cost of goods supplied or the services provided (including service charges, reconnection charges, and payment plan arrangements) against the Eligible Household. No Eligible Household receiving assistance under LIEAP will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. A credit notation will be promptly applied by the HES to the Eligible Household's account as soon as the HES receives an oral or written Energy Assistance Authorization. If possible, a line identifying the payment as LIEAP funds will appear on the billing statement after the Account Payment has been received 2 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES by the HES and as long as any portion of the Account Payment is being carried as a credit. Account Payments will be credited to the Eligible Household's account promptly after being received by the HES and in no event later than the next billing cycle. If the Eligible Household's Account billing includes items other than electricity charges, Account Payments may only be applied as a credit toward electricity charges. If the Account Payment or credit cannot be applied to electricity charges, the balance remaining shall be returned to the Eligible Household within 30 days after the HES receives the Account Payment. If the HES has received notification of an Account Payment and does not receive it within 45 days, the HES shall contact HCS. notification from HCS identifying that payment, the HES shall contact HCS immediately. A reconnection charge or security deposit will not be charged to any Eligible Household except where such charges were HES policy prior to October 1, 1991. LIEAP payments can be applied to those charges, if necessary. All deposits and accrued interest become the property of the Eligible Household and shall be returned to the Eligible Household at the time specified in the deposit agreement. 10. If interruption in service to the Eligible Household has occurred, reconnection of service will be made promptly upon receipt of an oral or written Energy Assistance Authorization. If a deposit is due or a balance is still owed after the Account Payment has been applied, the HES shall develop a payment plan with the Eligible Household. This payment plan shall consist of equal payments, in addition to payments on current bills if applicable. Disconnection can take place after reasonable notice if the Eligible Household fails to abide by the terms of the payment plan. 11o In the event that services cannot be delivered by the HES because the Eligible Household has been disconnected for non-payment of ~e~~-~ce ~:?~.d c~...~t be rec~:;~ected ~aca,ase ~.~ El_ ~._~~ ~= _.-~.~-..~_~~'~=~ ~ will not enter into a payment agreement under terms acceptable to the HES, the HES will send to the Eligible Household any Account Payment received by the HES on behalf of the Eligible Household within 10 days after the date on which a payment agreement could not be reached. If the HES has not yet received the Account Payment, the HES will notify HCS to send the payment directly to the Eligible Household. 3 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES 12. 13. 14. 15. 16o 17. 18. In the event the Eligible Household voluntarily discontinues service after notification of eligibility by HCS or its subgrantees, the HES shall return to the Eligible Household any unused portion of any Account Payment received by HES on behalf of the Eligible Household or forward the balance to the new HES at the Eligible Household's request~ This shall be done prior to the next billing cycle. In the event that the Eligible Household cannot be located after service has been discontinued~ the unused portion of the Account Payment shall be returned to HCS as soon as possible and in no event later than 45 days after the discontinuance of service. All payments returned to HCS shall be accompanied by a notification showing the HES name, the Eligible Household's name, the Energy Assistance Authorization number, the amount returned on behalf of the Eligible Ho~sehold~ the date of and reason for return~ In the event of the death of the customer after notification of eligibility, the Account Payments belong to the estate of the deceased~ If there is no estate~ the Account Payment should be returned to HCS with the notification set out in Section 13 above. The HES shall maintain an adequate accounting system to allow HCS to verify the amount of home energy delivered to Eligible Households with Account Payments. Auditors and/or investigators of HCS, the Secretary of State's office of the State of Oregon, or the federal government, shall be allowed access to LIEAP records the HES may have which the auditors or investigators determine are directly pertinent to this contract and reasonably needed to monitor and review the HES's compliance with the provisions of this agreement. The HES shall cooperate in the conduct of such reviews. If requested by the Eligible Household, HCS~ or its subgrantee, the HES will provider at no cost to HCS or the Eligible Household, an annual consumption record of the Eligible Household. The HES shall send copies of this contract to all its branch offices. · ~le HES shall assist HCS or its sub,3rantees in resolving energy crisis of Eligible Households within 18 hours after notification by the Eligible Household to HCS or its subgrantees if the Eligible Household is in a life threatening situation and within 48 hours after notification by the Eligible Household to HCS or its subgrantees if the Eligible Household is in a crisis situation. If the HES is unable to assist HCS within these time limits, a written explanation of the reason(s) for non-compliance will be prepared by the HES and submitted to HCS or its subgrantee for placement in the Eligible Household's file. 4 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES Termination This contract shall terminate upon the earliest to occur of the following events: A change in the requirements of Title VI of the Human Services Reauthorization Act of 1984 (P.L. 98-558), A change in the federal or state regulations promulgated under the act~ 3. A change in the state plan for administering LIEAP, 4. Thirty days' written notice of termination by either party, 5~ Mutual consent of ]3~th parties, Any license or certificate required by law or regulation to be held by the HES to provide the services required by this contract is for any reason denied, revoked, or not renewed. Termination by either party shall not discharge any obligation owed by either party to the other or to an Eligible Household or any liability which has accrued prior to termination. HCS, by written notice of default (including breach of contract) to the HES may terminate the whole or any part of this contract if the HES fails to perform any of the provisions of this contract in accordance with its terms, and after receipt of written notice from HCS fails to correct such failures within 10 days or such longer period as HCS may authorize. The rights and remedies of HCS provided in the above clause related to defaults (including breach of contract) by the HES shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Subcontracts The HES shall not enter into any subcontracts for any of the services provided under this contract without obtaining prior written approval from HCS. Dual Payments The HES shall not be compensated for services provided under this contract from any other Department of the State of Oregon. 5 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES Amendments The terms of this contract shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever except by written instrument signed by the parties. Execution and Counterparts This contract may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. Severability If any provision of this contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate o2 render unenforceable any o~her pcovision hereof. Assiqnment The HES shall not assign or transfer its interest in this contract without the express written consent of HCSo Waiver The failure of HCS to enforce any provision of this contract shall not constitute a waiver by HCS of that or any other provision. State Tort Claims Act The HES is not an officer, employee, or agent of the state as those terms are used in ORS 30.265. Indemnity The HES shall save and hold harmless the State of Oregon and HCS, its officers, agents, employees and members from all ctaims~ suits or actions of whatsoever nature resulting from or arising out of the activities of the HE$ 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 parties hereto, and their respective successors and assigns. 6 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES Attorney's Fees The prevailing party in any lawsuit on this contract, shall be entitled to such additional sums as the court may adjudge for reasonable attorney's fees at trial and upon appeal and to all costs and disbursements incurred therein. Force Majeure The HES shall not be held responsible for delay or default caused by fire, riots, acts of God and war which were beyond the reasonable control of the HES. choice of Law This contract shall State of Oregon. Effective Date This contract is effective upon execution by both parties. 7 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES Meraer THIS CONTRACT CONSTITUTES THE ENTIRE CONTRACT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL ORWRITTEN~ NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. THE HES, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Home Energy Supplier SLgnatu-re ~ Brian Lo Almquis~/~ Name (Printed) City Adminis t~ator_/ Title (Printed)~---- 503) 482-3211 Telephone 20 E~ Main Street Address Ashlan.~ OR ~97520 City~_~?.~-~-~Z~ip Cod~----, Community Services Division Administrator Oregon Housing and Community Services Department 1600 State Street Salem, Oregon 97310 (503) 378-4730 Dated: 9-12 Dated: 8 - OREGON LOW INCOME ENERGY ASSISTANCE PROGRAM CONTRACT FOR PUBLICLY-OWNED UTILITIES