Vote: approved

Item Text

52. AMENDMENT TO AGREEMENT WITH ARIZONA PUBLIC SERVICE FOR ENERGY WISE LOW INCOME WEATHERIZATION PROGRAM Approve Amendment No.10 to the revenue Agreement (C-22-14-046-3) between Arizona Public Service (APS) and Maricopa County, administered by its Human Services Department. The purpose of the amendment is for APS to provide an increase in the Weatherization Program funding and extend the end date. The funding allocation is $343,234, and the contract ceiling amount shall not exceed $2,657,211. The funds shall be utilized for the provision of the Energy Wise Low Income Weatherization Program. This amendment is effective January 1, 2016 and expires on December 31, 2016. Additional changes made by Amendment No. 10 include: • Revises the program income eligibility up to or at 200% of the Federal poverty level; • Add to Scope of Services Section 2.1.4 of the Agreement – The Contractor will save REM files from every home audited utilizing Architecture Energy REM software and weatherized during the course of the contract year and in their original electronic format. The Contractor will provide the REM files in a suitable electronic format for analysis and audit within 15 days of a request by APS. To ensure and secure the data, the Contractor will be required to maintain an electronic backup. Data must be retained for a minimum of three years. • Add to Implementation Section 2.1.2 – shall be amended to strike the following: “in accordance with the Arizona Department of Commerce Energy Office Weatherization Assistance Program Rules.” • Revise Payment Term – The payment terms established under Section 3.F (Compensation/Taxes) of the Original Contract shall be modified to indicate the APS will make payment to the Contractor within 15 days of the receipt of the invoice from the Third Party Contractor. • Revise Final Invoice – A final invoice for the Term shall be submitted to the third party coordinator and APS by December 15, 2016. For work performed after that date and to the end of the term, the Agency must email an estimate of expenses to the APS program coordinator and the third party coordinator no later than January 6, 2017. Reimbursement for late invoices for work performed in 2016 will be considered on a case by case basis. All other terms and conditions of the original agreement and subsequent amendments shall remain unchanged. The Arizona Corporation Commission (ACC) reviews and determines approval of the APS’ DSM Implementation Plan for the Energy Wise Low Income Weatherization Program budget as stated in APS’ filing. If the ACC does not approve the APS 2016 DSM Implementation Plan for the Energy Wise Low Income Weatherization Program budget as filed and listed in Amendment 10, the allocation amount for this amendment shall be adjusted based on the ACC’s ruling. The Agreement is subject to cancellation by the Parties in accordance with the provisions of Arizona Revised Statutes §38-511. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditure of the revenues is not prohibited by the budget law. The approval of this funding does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant A.R.S. §42-17105. The overall grant budget will be adjusted as necessary to accommodate this grant through a future reconciliation. Funding for this amendment does not contain any County general funds. The allowable administration program delivery amount is $34,323. The approved indirect rate for fiscal year 2016 for the Human Services Department with U.S. Department of Health and Human Services is 20.2% of personnel costs. However, the agreement allows for a maximum of 20% for program delivery expenditures, of which Maricopa County retains 12% and 8% shall be provided to the designated Weatherization subcontractor. Indirect cost on program delivery is $6,933, which is fully recoverable. (C-22-14-046-3-02)

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