C-number: C-22-14-046-3-07
Revision: 07
Vote — approved
28.AMENDMENT TO AGREEMENT WITH ARIZONA PUBLIC SERVICE FOR ENERGY WISE LOW-INCOME WEATHERIZATION PROGRAMApprove revenue Amendment No. 015 (No. 15) to the Agreement between Arizona Public Service (APS) and Maricopa County, administered by its Human Services Department. The purpose of this Amendment is for the County to administer of the Energy Wise Low-Income Weatherization Program. Through this Amendment, APS will provide the County with $650,000. The funding period of availability shall begin on
Item Text
28. AMENDMENT TO AGREEMENT WITH ARIZONA PUBLIC SERVICE FOR ENERGY WISE LOW-INCOME WEATHERIZATION PROGRAM Approve revenue Amendment No. 015 (No. 15) to the Agreement between Arizona Public Service (APS) and Maricopa County, administered by its Human Services Department. The purpose of this Amendment is for the County to administer of the Energy Wise Low-Income Weatherization Program. Through this Amendment, APS will provide the County with $650,000. The funding period of availability shall begin on January 1, 2020 through December 31, 2020. APS contracts with the County on an annual non-competitive for service delivery of the Energy Wise Low-Income Weatherization Program. The funds will be utilized to provide weatherization measures in dwellings occupied by low-income households in Maricopa County outside of the City of Phoenix and the City of Mesa, who are APS customers. Amendment No. 15 amends the following areas of the Agreement: 1. Defined Terms. Defined terms not otherwise defined herein shall have the meaning set forth in the Original Contract. 2. Term. Section 1 of the Agreement is hereby amended to provide that the Original Contract terminates on December 31, 2020. This Agreement is subject to cancellation by the Parties in accordance with the provisions of Arizona Revised Statutes § 38-511. 3. Allocation. The Allocation amount set forth in Section 3.A. shall be increased by $650,000.00. The funds provided are for provision of the Energy Wise Low-Income Weatherization Program. However, if the Arizona Corporation Commission does not approve the APS 2020 DSM Implementation Plan Energy Wise Low-Income Weatherization Program budget as stated in APS’ filing, then the allocation amount for the 2020 calendar year shall be adjusted based on the ACC’s ruling. 4. For Lack of Regulatory Approval. In the event that the Program is not approved by the Arizona Corporation Commission ("ACC") or in the event that such approval is subsequently withdrawn or significantly changed, then the Company may immediately terminate this agreement upon written notice to Supplier. 5. Subsequent Year Allocation. Per the original Agreement, Section 3.A, the Allocation may be amended from time to time by APS. With regards to cost Allocation plans, APS reserves the right to review sufficient verification and pertinent reporting data as of November 1st of the 2020 program year and based on the percent of the Allocation spent, authorize the subsequent year Allocation forecast on this basis by November 15, 2020. However, if the 2020 year spend is equal to or more than 80% of the Allocation by November 1st, then the subsequent year Allocation shall be based on 100% of the Allocation as specified in the APS 2021 DSM Implementation Plan, subject to approval by APS or the “ACC”. 6. Scope of Services. Add Section 2.I.4. 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. 7. Payment Term. The payment terms established under Section 3.F (Compensation/Taxes) of the Original Contract shall be modified to indicate that APS will make payment to the Contractor within 15 days of receipt of the invoice from the Third Party Coordinator. 8. Final Invoice. A final invoice for the Term shall be submitted to the third party coordinator and APS by December 15, 2020. 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 4, 2021. Reimbursement for late invoices for work performed in 2020 will be considered on a case by case basis. 9. Remaining Terms Unchanged. Except as modified in this Amendment No. 015, all other terms and conditions of the Original Contract shall remain unchanged. The Human Services Department is utilizing the provisional indirect rate of 22.2% by the U.S. Department of Health and Human Services for FY2020 for salaries and employee related expenses. The total Amendment amount is $650,000 of which $106,383 is for salaries and benefits. The total estimated indirect costs are $23,617 and fully recoverable. Budget adjustments will be made when the Indirect rate costs has been fully negotiated and shall be effective as of January 1, 2020. Receipt of the funds from APS does not require in-kind or match funds and no future or ongoing contributions by the County at the end of the Agreement term. The services provided under this Agreement are not a mandated function but provides a benefit to the citizens by providing assistance to low income residents by reducing their energy burden and improving health and safety concerns. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation. Therefore, expenditure of the revenues is not prohibited by the budget law. This Amendment does not alter the budget constraining expenditures of local revenues duly adopted by the Board pursuant to A.R.S. 42-17105. The overall grant budget will be adjusted as necessary to accommodate the Amendment funding through a future reconciliation. Acceptance of this Amendment will not impact the County General Fund. Supervisory District: All (C-22-14-046-3-07)
Attachments (2)