Low Income Household Water Assistance Program

Water/Wastewater Services Vendor Terms and Conditions

These Terms and Conditions (Terms), which appear in their entirety at des.az.gov/LIHWAP, represent an agreement between the water/wastewater vendor (Vendor) and the Arizona Department of Economic Security (Department). Acceptance of the Department’s payment represents acceptance of these Terms. Through this agreement, the Department will provide funds from the Low Income Household Water Assistance Program (LIHWAP) for qualified residential households for the payment of water and wastewater services (collectively referred to as water services), including arrearages, fees, and penalties. Expenses such as service contracts, garbage collection, cable, internet, telephone, and other utilities cannot be paid with LIHWAP funds.

Additionally, by accepting this payment for water services, Vendor agrees to the following:

Section 1: Duty to Provide Water Service

1. Upon receipt and acceptance of the Department’s payment, Vendor shall immediately apply the payment to the household’s account.
   
   1. If water services have been disconnected, Vendor shall immediately restore services;
   2. If water services are pending disconnection, Vendor shall cease any pending disconnection; and
   3. Vendor shall maintain the household’s water services for a minimum of 30 days from the date the Department’s payment is received or the maximum number of days allowed by Vendor’s policies and procedures that apply to all of Vendor's customers, whichever is longer.
2. Vendor shall not discriminate against the household because of the household’s participation in LIHWAP. Such non-discrimination includes, but is not limited to, the following:
   
   1. LIHWAP eligible households will be charged using Vendor’s normal billing process;
   2. LIHWAP eligible households will be charged the same price for water services as non-eligible households; and
   3. LIHWAP eligible households will be offered the same terms, deferred payment plans, credit, conditions of sale, and discounts offered to other customers.
3. Vendor shall provide water services to each eligible residential household in an amount equal to the payment received from the Department.
4. Vendor shall cooperate with the Department in providing water services to eligible households, including elevating to the Department any vendor concerns that may prevent the provision of water services or acceptance of the Department’s payment. 

Section 2: Emergency Water Service Reconnection

1. Vendor shall cooperate with the Department in responding to immediate and potential emergencies involving water service disconnection at LIHWAP eligible households, including providing water services based on a documented promise to pay using LIHWAP funds.

Section 3: Recordkeeping and Auditing

1. To provide to the Department, upon request, written reconciliation and confirmation that benefits have been credited appropriately to households, their water service has been restored on a timely basis, and disconnection status has been removed.
2. Vendor shall apply all overpayments to the household's water account. Such credits are not to be paid directly to the household. Should the household close their account,  Vendor must refund any credit balance that is the result of a Department payment to the Department within 30 days.
3. Vendor shall maintain an accounting system and supporting fiscal records pertaining to LIHWAP payments in accordance with Vendor’s records retention policies applicable to all of Vendor's customers, or for at least 3 years (whichever is longer).
4. Vendor shall provide billing statements to LIHWAP households on a monthly basis clearly indicating the cost of water services provided.
5. Vendor shall fully cooperate with the Department’s monitoring practices applicable to LIHWAP vendors, including providing to the Department all requested documentation within the time frames set by the Department and promptly communicating with Department staff.
6. Vendor shall provide to the Department or its agents information on household water and/or wastewater costs and usage for participants of LIHWAP, for the purpose of research, evaluation, and analysis, at no cost to the Department.

Section 4: Other

1. If Vendor determines that it will no longer comply with these Terms, Vendor shall return to the Department all payments paid to Vendor by the Department that have not yet been applied to an applicant’s water services bill.  This includes payments received via ACH transfer. Upon determining that it will no longer comply with these Terms, within five (5) business days, Vendor shall notify the Department in writing that the Department should stop issuing payments to Vendor.
2. Vendor shall comply with all Arizona laws, regulations, and other requirements pertaining to the supply of water services for residential use. In the event of any dispute between the Department and Vendor, the venue for any legal action shall be Maricopa County, Arizona.
3. Vendor shall hold the Department harmless and indemnify the Department, its agents, officers, and employees against any and all claims, suits, actions, liabilities, and costs of any kind, including attorney’s fees, for personal injury or damage to property arising from the acts or omissions of Vendor, its agents, officers, employees and subcontractors.
4. These Terms supersede all previous commitments, promises, and representations between the parties, whether oral or written, relating to the subject matter herein.
5. In accordance with A.R.S. § 41-1461 et seq. and Executive Order 2009-09, Vendor shall provide equal employment opportunities for all persons, regardless of race, color, religion, creed, sex, age, national origin, disability, or political affiliation.
6. Unless exempt under Federal law, Vendor shall comply with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act, and the Arizonans with Disabilities Act.
7. If Vendor is an Indian Tribal Government, Vendor shall comply with the Indian Civil Rights Act of 1968. It shall be permissible for an Indian Tribal Vendor to engage in Indian preference in hiring.