APS AMENDMENT 13.PDF

AMENDMENT NO. 013, P.O. NO. 700620354
TO
Agreement for Energy Wise Low Income Weatherization Program Implementation
between Maricopa County and Arizona Public Service Company
C-22-14-046-3-00
THIS AMENDMENT NO. 013 is entered into effective as of the 5th day of June, 2018, by and
between Arizona Public Service Company, an Arizona corporation, with offices at 400 North 5th
Street, Phoenix, Arizona 85004 (“APS”) and Maricopa County, administered by its Human Services
Department, the Contractor, with offices at 234 North Central Avenue, Phoenix, Arizona 85004
(“Counterparty”). (“APS” and “Counterparty” are referred to herein individually as “Party” and
collectively as the “Parties”).
WHEREAS, APS and Counterparty are Parties to that certain Agreement for Energy Wise Low
Income Weatherization Program Implementation and the ACAA Bill Assistance Program between
APS and Counterparty, Contract No. 700620354, dated effective as of the 1st day of January, 2008
(the “Original Contract”); and,
WHEREAS, the Parties desire to extend the term of the Original Contract and make other mutually
agreed upon changes;
NOW THEREFORE, in consideration of the above premises and respective covenants and
agreements hereinafter set forth, the Parties agree to amend the Original Contract as follows:
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, 2018. 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
$250,000.00. 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 2018 DSM Implementation Plan Energy Wise Low Income Weatherization
Program budget as stated in APS’ filing, then the allocation amount for the 2018 calendar
year shall be adjusted based on the ACC’s ruling.
4. Invoicing. The invoicing process specified under Section 3.G (Compensation/Taxes) of the
Original Contract shall be amended to “Each invoice shall include a summary sheet with the
number of homes weatherized, expenditures summarized by the following categories:
Weatherization Expenditures; Health and Safety Expenditures; Repair/Replacement
Expenditures; Program Delivery Expenditures; and Energy Education fees; and an
attachment indicating total expenditures by customer account number, customer name and
address.
Until further notice, the Contractor will email monthly invoices in a PDF or JPG
format to:
Chris.C.Baker@aps.com

5. Weatherization Assistance Program Rule Exemptions. Specifically, APS funds will be
leveraged with other funds whenever possible, but can be used for stand-alone jobs if
leveraging funds are not available or limited. Weatherization activities can be extended to
more than one project per home to allow additional measures to be implemented within the
program calendar year.
6. 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.
7. 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 2018 program year and based on the percent of the Allocation spent,
authorize the subsequent year Allocation forecast on this basis. However, if the 2018 year
spend is equal to or more than 75% of the Allocation by November 1st, then the subsequent
year Allocation shall be based on 100% of the Allocation as specified in the APS 2019
DSM Implementation Plan, subject to approval by APS or the “ACC”.
8. Scope of Services. Section 2.I.4. The Contractor will continue to 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.
9. Final Invoice. A final invoice for the Term shall be submitted to APS by December 14,
2018. 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 no later than January 4, 2019.
Reimbursement for late invoices for work performed in 2018 will be considered on a case by
case basis.
10. Per A.R.S. §§ 35-393 and 393.01, the Parties certify they are not currently engaged in, and
agrees for the duration of the Agreement to not engage in, a boycott of Israel.
11. Remaining Terms Unchanged. Except as modified in this Amendment No. 013, all other
terms and conditions of the Original Contract shall remain unchanged.
[Signatures on following page]

IN WITNESS WHEREOF, the authorized representatives of both Parties have executed this
Amendment No. 013, effective as of the date first above written:
MARICOPA COUNTY ARIZONA PUBLIC SERVICE COMPANY
Gloria, Anthony Digitally DN: cn=Gloria, signed Anthony by Gloria, (Z11325) Anthony (Z11325)
_____________________________________ _____________________________________ (Z11325) Reason: Date: 2018.07.19 For Keith 07:18:35 Brandt-PTO -07'00'
Chairman Board of Supervisors (signature)
Anthony Gloria
_____________________________________ _____________________________________
Date (name)
Buyer Leader
_____________________________________
(title)
07/19/18
_____________________________________
(date)
Attested To:
_____________________________________
Fran McCarroll, Clerk of the Board of Supervisors
_____________________________________
_______________
Date
Approve as to Form:
_____________________________________
Deputy County Attorney
___________________
Date
_____________________________________