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HomeMy WebLinkAbout1997-107 Contract - ACCESS Energy Asst OREGON LOW INCOME ENERGY ASSISTANCE CONTRACT BETWEEN: ACCESS, INC. (hereinafter called Agency) AND: CITY OF ASHLAND Home Energy Supplier (hereinafter called HES) WHEREAS, the parties want to provide a mechanism by which they can carry out the provisions of the Low Income Home Energy Assistance Program (hereafter 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 Title VII of the Augustus F. Hawkins Human Services Reauthorization Act of 1990 (P.L. 101-501) 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 1 . An "Eligible Household" is one that has applied for and been approved for energy assistance by the Agency by means of an Energy Assistance Authorization. 2 . "Account Payments" are payments made by the Agency to the HES 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 LIEAP assistance, and a line of credit for future usage. 3 . "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. Agency Conditions 1. The Agency will notify the HES 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 will always be verified with a written report or authorization. 2. The Agency shall gay all valid Energy Assistance Authorizations promptly and on no account later than 45 days after eligibility is established for a household. 3. The Agency will notify all Eligible Households of the amount of Account Payments made on their behalf to an HES. 4. The Agency shall keep the HES informed in a timely manner of any relevant changes in LIEAP operation caused by changes in federal or state law. HES Conditions 1 . The HES may refer its customers to the Agency for assistance. 2 . The HES may only 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. 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. 4 . No eligible Household receiving assistance under LIEAP will be treated adversely because of such assistance under applicable provisions of state law or public regulatory •:rgquirements. 5. If the HES is a PUC regulated utility, it •shall :ooznply dvith. all :`Rixblic Utility Commission laws and rules regarding deposits, payment procedures, termination and restoration of home energy service. 6. A credit notation will be promptly applied by the HES to the Eligible Household' s account as soon as the HES receives an 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 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 Households Account billing includes items other than energy charges, Account Payments may only be applied as a credit toward energy charges. If the Account Payment or credit cannot be applied to energy charges, the balance remaining shall be returned to the Eligible Household within 30 days after the HES receives the Account Payment. 7. If the HES has received notification of an Account Payment and does not receive it within 45 days, the HES shall contact the Agency. 8 . A reconnecton charge or security deposit will not be charged to any Eligible Household except where such charges were HES policy prior to October 1 , of current year. 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. 9 . Delivery of bulk fuel shall be made after the HES receives an oral or written Energy Assistance Authorization. Verification of delivery to an Eligible Household may be required by the Agency before an Account Payment is made. If the Eligible Household has an existing account with the HES and a balance is still owed after the Account Payment is applied, the HES should develop a payment plan with the Eligible Household. 10. Bulk fuel deliveries will be made in accordance with the normal business practices of the HES. No deliveries, except those agreed to by the HES and the Agency, will be made on Saturdays, Sundays or Holidays. 11 . The HES shall only 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 HES receives the Account Payment. 12. In the event that bulk fuel cannot be delivered by the HES, 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 HES at the Eligible Household' s request. 13. In the event that services cannot be delivered by the HES because the 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 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 the Agency to send the payment directly to the Eligible Household. 14. In the event the Eligible Household voluntarily discontinues service after notification of eligibility by the Agency, 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. 15. 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 the Agency as soon as possible and in no event later than 45 days after the discontinuance of service. All payments returned to the Agency shall be accompanied by a notification showing trie HES 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 return. 16. 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 the Agency with the notification set out in Section 12 above. 17. The HES shall maintain an adequate 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 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. 18. If requested by the Eligible Household, the Agency will request HES to provide, at no cost to the Agency or the Eligible Household, an annual consumption record of the Eligible Household. 19. The HES shall send copies of this contract to all its branch offices. 20 . The HES shall assist the Agency in resolving energy crisis of Eligible Households within 18 hours after notification by the Eligible Household to the Agency if the Eligible Household is in a life-threatening situation and within 48 hours after notification by the Eligible Household to the Agency if the Eligible Household is in a crisis situation. If the HES is unable to assist the Agency within these time limits, a written explanation of the reason (s) for non-compliance will be prepared ' \4J by the HES and submitted to the Agency for placement in the Eligible Household' s file. Termination This contract shall terminate upon the earliest to occur of the following events: 1. A change in the requirements of Title VII of the Augustus F. Hawkins Human Services Reauthorization Act of 1990 (P.L. 101-501) , 2. 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 both parties, 6 . Any license or certificate required by law or regulation to be held by 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 obliggtion owed,lby .either _ party to the other or to an Eligible Household or any liability which has accrued prior to termination. The Agency, 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 the Agency fails to correct such failures within 10 days or such longer period as the Agency may authorize. The rights and remedies of the Agency 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 the Agency. 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 or render unenforceable any other provision hereof. Assignment The HES shall not assign or transfer its interest in this contract without the express written consent of the Agency. Waiver 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 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 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 HES or its subontractors, 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. 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 be construed in accordance with the laws of the State of Oregon. Effective Date This contract is effective upon execution by both parties. (6) Merger 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 OR WRITTEN, 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. CITY OF ASHLAND Home Energy Supplier Dated: v�g. ture azcrid T Name(Printed) GlTr ,20 m i n/l S71( � Title(Printed) C�(J Telephone Content review by on - ,�70 E ., /n.4-/n�l S✓ - Legal review by on 16L-07 Address ,93 A4,&.-6Vi✓> City, State, and Zip Co ated: L6 9 2 'Agency Director O - 97 Board Chair