APS PORTAL AGREEMENT.PDF

APS AGENCY PORTAL
AGREEMENT
Arizona Public Service Company (“APS”) is pleased to offer the Maricopa County Human
Services, (“Agency”), a local government agency or a non-profit corporation duly organized under the laws
of the state of Arizona, access to APS’ website portal to enroll qualified APS customers in the monthly
electricity bill discount program known as the APS Energy Support Program (the “Program”), and/or to
make payment guarantees for qualified APS customers. This offer is subject to Agency’s acceptance of the
terms and conditions set forth in this APS Agency Portal Agreement (“Agreement”) effective January 1,
2020 (“Effective Date”). Agency and APS are referred to herein individually as a “Party” and collectively
as the “Parties”. This Agreement supersedes all prior understandings and agreements between the parties
regarding the website portal.
Recitals
A. Agency is engaged in the mission of improving the quality of life for residents seeking financial
assistance in relation to utility services;
B. APS provides utility services to customers located in its service territory and information regarding
such customers’ accounts are available through the Agency Portal (as defined below); and
C. Agency desires to obtain the right to access the Agency Portal and APS desires to grant the Agency
such access in accordance with the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein, and
intending to be legally bound, the Agency and APS hereby agree as follows:
1. Agency Portal Access; Agency Representatives.
a. Agency Portal. APS has developed and maintains a website portal
with on-line access to limited information regarding customers of APS (the “Agency Portal”)
for the purpose of facilitating social service agencies, such as the Agency, to more efficiently
evaluate and process an APS customer’s application for financial support and/or enrollment
of qualified customer account(s) in the monthly electricity bill discount Program. During the
term of this Agreement, designated representatives of the Agency (“Agency
Representatives”) shall be allowed access to the Agency Portal to obtain limited information
regarding accounts of APS customers (“Customer Accounts”) for the sole purpose of
assisting such customers, who have provided their express consent and authorization, to
qualify, service, or ultimately pay his/her utility bill as issued by APS, and/or to enroll such
Customer Account in the monthly discount Program.
b. Agency Representatives. The Agency shall maintain a list of
Agency Representatives and Agency Portal Administrator(s) that will be given to APS by
the Agency from time to time. Changes (additions and/or deletions) in the list of Agency
Representatives shall be provided to APS within ten (10) working days of the change. Each
Agency Representative must be an employee or authorized representative of the Agency and
each must sign and deliver to APS an Agency Representative User Certificate, attached
hereto as Exhibit “A”.

c. Portal Passwords. Upon completion of a signed Agency
Representative User Certificate, the Agency shall create a unique user id and password,
(“Portal Password”) for each Agency Representative requiring access to the Agency Portal.
Such Agency Representatives will have access to the fields of information based on the
access status chosen by the Agency for each Agency Representative. No person other than
the Agency Representative shall use the Portal Password assigned to such Agency
Representative. The Agency shall promptly notify APS in the event that an Agency
Representative has either (i) breached any of the terms of this Agreement or the Agency
Representative User Certificate, or (ii) been terminated or otherwise left the
employment of the Agency. Any loss of control of Portal Passwords and/or user
identifications may result in the loss of control over Confidential Information. Agency
will be responsible for any actions taken on Agency Representative’s behalf or any
person using Agency Representative’s Portal Passwords and/or user identifications. If
Portal Passwords and/or user identifications have been compromised for any reason,
the Agency will immediately notify APS. APS reserves the right to disable the existing
Portal Passwords and/or user identifications.
d. Customer Authorization. Prior to viewing any APS customer
information in the Agency Portal, the Agency Representative must first obtain the APS
customer’s consent and signature on the Utility Information Request Authorization (“UIRA”)
attached hereto as Exhibit “B”. If the Agency uses a consent form other than the UIRA,
Agency shall submit an example of its customer authorization form for APS’s approval prior
to accessing the Agency Portal. Agency must keep all original signed customer authorization
forms on file for a period of one year after the date Agency last accessed the APS customer’s
information. The authorization forms must be stored in a secure location with limited access.
2. Payment Commitments; Funding Sources. In the event the Agency reviews a Customer
Account and determines that it will pay all or a portion of amounts owed or required to be paid (e.g. deposits,
etc.) in order to start or continue service on behalf of such APS customer, the Agency Representative shall
advise APS by noting such commitment in the Agency Portal (“Payment Commitment”). Additionally, for
each payment guarantee, Agency may be required to indicate the APS funding source, if any, and if required
by any governing law or rule, the federal or state funding source. Upon receipt of the Agency’s notice of
the Payment Commitment, APS agrees to suspend any collection activity relative to the amounts of the
Payment Commitment. However, any past due amounts or other charges (e.g. tampering fees, reconnect
charges, etc.) not covered by the Payment Commitment that are still owed to APS by customer, may still
be subject to service disconnect and/or collection activity as approved by and in accordance with the
Arizona Corporation Commission.
Once the Agency has posted an approval of payment on the Agency Portal for an APS customer, Agency
will be deemed to have guaranteed payment and be responsible for the amount indicated unless, within
twenty (20) working days of having made the guarantee, Agency notifies APS in writing (email is
acceptable) that the guarantee is reversed and the customer will be held responsible for any payment due.
In the unlikely event the Agency reverses a payment guarantee the Agency will promptly contact the
customer to inform them that the payment guarantee will not be honored. The Agency will also provide the
customer with additional assistance information and options, if any, including coordinating a referral to
another agency partner.
The Agency agrees to pay APS the amounts specified in the applications sent to APS within ninety (90)
days, but no more than one hundred twenty (120) days, of receipt by APS of Agency’s promise to pay.
The Agency shall provide details of the relevant customer account number and commitment amount being
paid with each Payment Commitment check. If the Payment Commitment check is not received within the
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required time period and the Agency declines paying the guarantee, the corresponding Payment
Commitment may be removed from the APS customer’s account record and collection or service disconnect
activity may be resumed, if applicable.
3. Self-Auditing by Agency and Audit by APS or its designated third-party. The Parties shall
keep accurate and satisfactory books and records in conformity with accounting methods and practices
generally accepted in their respective industries and as necessary for the administration of this Agreement.
The Agency agrees to periodically audit (no less than one time per month during the term hereof) the use
of the Agency Portal by Agency Representatives to ensure compliance with the obligations set forth in this
Agreement. The Agency agrees that APS or its third-party representative, shall, upon reasonable notice,
have reasonable access to such books and records of the Agency for the limited purpose of determining the
Agency’s compliance with this Agreement, and shall be allowed to audit those records at least once per
year.
4. Confidentiality. APS works diligently to safeguard the private information of its
customers. Under the terms of this Agreement, the Agency and its Agency Representatives will be permitted
access to certain customer information. The Agency on behalf of itself and each of the representatives
acknowledges and agrees that (i) all information and documentation made available or disclosed through
the Agency Portal shall be treated as confidential and proprietary information (“Confidential Information”)
of APS and/or the customer of APS and shall not be disclosed to any third person or used for any purpose
other than in connection with fulfilling the purposes stated in Section 1 above and (ii) disclosure of any
Confidential Information which, at law, contract or equity, ought to remain confidential, will give rise to
irreparable injury to APS and/or the Customer which cannot be adequately compensated in damages. In
the event that the Agency or any of its personnel, including but not limited to Agency Representatives,
breaches the confidentiality obligations contained herein, such breach shall be a material breach of the
Agreement and the Agency shall reimburse APS for any internal and external costs (including any fines,
legal expenses, etc.) to defend itself in relation to the breach or remediation of the same.
The Agency and APS agree to use all commercially reasonable precautions and take all necessary
steps to prevent unauthorized disclosure, publication and dissemination of the Confidential Information by
any of its respective employees, agents or affiliates. The Agency further agrees, except as provided herein,
not to cause any unauthorized use of Confidential Information. The Agency agrees to promptly notify APS
in the event it becomes aware of any actual or potential unauthorized disclosure of Confidential Information
or use of the Agency Portal in contravention of this Agreement.
5. Term; Termination. This Agreement shall be in effect from the effective date of the
Agreement, and shall automatically renew on January 1st of each year unless terminated by either party.
APS reserves the right to suspend or terminate access to the Agency Portal at any time, with or without
cause.
6. Representations and Warranties of the Agency. The Agency hereby represents and
warrants to APS, that the Agency: (i) is a local government agency or a non-profit corporation duly
organized, validly existing and in good standing under the laws of Arizona; (ii) has access to funding to,
upon satisfaction of specified criteria, potentially assist customers of APS with payment of outstanding
amounts owed by APS customers; (iii) performs robust household income verification to potentially
enroll qualified customers of APS in the monthly electricity bill discount program (iv) has adequate
identity theft prevention procedures in place to protect Customers and Confidential Information and that
the Agency’s prevention procedures include prompt notice to APS in the event of a security breach; (v)
will abide by Agency’s rules and regulations; and (vi) will comply with all laws, rules and regulations
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applicable to Agency in the conduct of business and in its performance of this Agreement including, but
not limited to, telecommunications activity and consumer protection.
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7. Disclaimer of Warranties. WITH REGARD TO RISK FOR THE USE OF THE AGENCY
PORTAL AND THE INTERNET GENERALLY, APS AND ITS AFFILIATES DISCLAIM ALL
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH
REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE AGENCY PORTAL OR THE
INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN
NO EVENT SHALL APS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA,
REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT,
INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THE
AGENCY PORTAL OR THE INTERNET GENERALLY.
8. Other Agreements. By allowing its Agency Representatives to access the Agency Portal,
Agency agrees that all of the terms and conditions contained in the Terms of Use and Privacy Policy
agreements posted on the Agency Portal website, as amended by APS from time to time, shall be
incorporated by reference and made a part of this Agreement. If there is a conflict between the terms and
conditions of the Terms of Use and Privacy Policy agreements and this Agreement, this Agreement shall
control.
9. Indemnification. The Agency shall indemnify and hold harmless APS, its affiliates and
the respective shareholders, directors, partners, officers, employees and agents of APS and its affiliates,
from and against any and all claims, actions, losses (whether joint or several), liabilities, damages costs and
expenses (including without limitation, attorneys’ fees and expenses) (collectively “Damages”), brought or
otherwise claimed by a third party, including Customer(s) and arising out of or relating to any breach,
failure or violation by the Agency or any of its representatives of the provisions of this Agreement and any
and all Damages brought or otherwise claimed by a third party or Customer(s) arising out of or relating to
any negligent act or omission or from the willful misconduct of the Agency or any of its officers, agents or
employees in any manner related to the subject matter of this Agreement.
10. Governing Law; Dispute Resolution. This Agreement shall be construed in accordance
with and governed by the laws of the State of Arizona. The parties shall make diligent efforts through
negotiation to settle any disputes arising out of or related to this Agreement, including elevating the issues
to their respective upper management levels. If a resolution cannot be reached, venue for any action, federal
or state, shall lie in Maricopa County, Arizona.
11. Miscellaneous. This Agreement: (a) shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns; (b) is the complete Agreement of the Parties concerning
the subject matter hereof and supersedes any prior such agreements; and (c) may not be amended, waived
or in any manner modified except in writing signed by the Parties. Agency may not assign its rights or
delegate its duties under this Agreement without the prior written consent of APS. No failure or delay by
either party in enforcing this Agreement shall constitute a waiver of such party’s rights hereunder. If any
provision of this Agreement is found to be unenforceable, the unenforceable provision shall be deemed
modified to the limited extent required to permit its enforcement in a manner most closely approximating
the intention of the Parties as expressed herein. This Agreement may be executed in counterparts, each of
which shall be deemed an original. A photocopy of this Agreement shall have the same legal effect as an
original. This Agreement shall not be enforceable against any Party hereto until all Parties shall have
executed and delivered this Agreement to each other.
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IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representatives of the Parties as of the date first written above.
APS: AGENCY:
By: ______________________________ By: _______________________________
Signature Signature
Name: ______________________________ Name: _______________________________
Title: ______________________________ Title: _______________________________
Date: ______________________________ Date: _______________________________
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APS Agency Portal Agreement
Exhibit A
AGENCY REPRESENTATIVE USER CERTIFICATE
I am an employee or representative of (“Agency”). Agency has designated me as one of its authorized agents to enroll
qualified APS customers in the monthly electricity bill discount program known as the APS Energy Support Program
(the “Program”), and/or to make payment guarantees for qualified APS customers through the Agency Portal.
Pursuant to my authorization, I hereby acknowledge and agree to the following:
1. That the password that I receive to access the Agency Portal, and the APS customer information to which I
may have access are strictly confidential and are to be treated as such. I further agree (a) not to disclose such
information to any third parties, and (b) to only disclose such information to those Agency employees who are
authorized to access the Agency Portal and who have a need to know the information in regards to processing an APS
customer payment guarantee and/or enrolling a qualified APS customer in the APS discount program.
2. That I will not access any information or conduct any transactions on the Agency Portal using another
person’s password. I will log off the Agency Portal during absences to prevent any unauthorized or improper use.
3. That I will only access APS customer information for those APS customers who have first provided Agency
a signed document in which the APS customer consents to the Agency accessing that APS customer’s information.
4. That I will use the Agency Portal and its information only for purposes related to providing financial
assistance to APS customers or guaranteeing an APS customer’s payment. I further agree that I will not do any of the
following (a) falsify any information I input into the Agency Portal, (b) use the Agency Portal or its information for
any personal use or gain, or (c) conduct any transactions involving my own APS customer account.
5. I understand that my use of the Agency Portal may be monitored by Agency and APS, and any unauthorized
access or misuse of the Agency Portal or APS customer information may be reported to the appropriate legal
authorities for prosecution.
6. Agency shall not transmit APS customer account numbers, financial account or Social Security numbers
through email unless that information is encrypted.
Employee or Representative Name: ______________________________________________________________
Signature: ____________________________________________________________________________________
AUTHORIZE ACCESS: Dated this ______ of ____________________, __________.
Agency Name: _______________________________________________________________________________
Signature: __________________________________________Title: ___________________________________
REMOVE ACCESS: Dated this _______ of ____________________, __________.
To be used if access removal date is known in advance, or when the Agency Representative no longer requires
portal access (must submit within 10 working days of the change to GuaranteeAssistance@apsc.com).
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APS Agency Portal Agreement
Exhibit B
APPROVED CUSTOMER CONSENT FORMS
A. Utility Information Request Authorization Form
(Most current version)
B. Maricopa County Human Services Department – Community Services Division,
Application for Services, Subsection:
Applicant’s Statement of Truth and Release of Information
Under penalty of perjury and acknowledged by my signature below, I swear or affirm that the
statements made regarding the persons in my home, and the income, resources, property and
all other items that pertain to my possible eligibility for services are true and correct to the
best of my knowledge.
I authorize Maricopa County Human Services Department/Community Services Division
(MCHSD/CSD) and/or delegate agency to contact any source necessary to establish the
accuracy of the information given by me. Further, I authorize any landlord, mortgage, or
utility company, to which payment of credit on my behalf may be made, to release
information regarding my account including, but not limited to, billing information to
MCHSD/CSD or its contract designee.
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