APS AMENDMENT 11 FOR WEATHERIZATION.PDF

AMENDMENT NO. 011
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. 011 is entered into effective as of the 1st day of January, 2017, by and between
Arizona Public Service Company, an Arizona corporation, with offices at 400 North 5 th 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, 2017. 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 $343,234 and not
to exceed $3,000,445.00. 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 2017 DSM Implementation Plan Energy Wise Low Income Weatherization Program budget as
stated in APS' filing, then the allocation amount for the 2017 calendar year shall be adjusted based
on the ACC's ruling.
4. ACAA Bill Assistance Allocation. The ACAA Bill Assistance Allocation amount set forth in Section
3.1 (Compensation/Taxes) of the Original Contract shall be funded at a level to be determined by
ACAA from the "APS Settlement Directed 150% to 200% of Federal Poverty Level Crisis Bill
Assistance Fund" which is not included in the amount noted in Item 3 above. The income eligibility
is revised to up to or at 200% of the federal poverty level. However, if the Arizona Corporation
Commission does not approve the APS 2017 DSM Implementation Plan Energy Wise Low Income
Weatherization Program budget as stated in APS' filing, then the allocation amount for the 2017
calendar year shall be adjusted based on the ACC's ruling.
5. 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.
6. Subseguent 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 1 st of the 2017
program year and based on the percent of the Allocation spent, authorize the subsequent year
Allocation forecast on this basis. However, if the 2017 year spend is equal to or more than 80% of
the Allocation by November r, then the subsequent year Allocation shall be based on 100% of the
Allocation as specified in the APS 2018 DSM Implementation Plan, subject to approval by APS or

the "ACC".
7. Scope of Services. Section 2.1.4. 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.
8. Final Invoice. A final invoice for the Term shall be submitted to the third party coordinator and
AF'S by December 15, 2017. 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 5, 2018. Reimbursement for late invoices for work performed in
2017 will be considered on a case by case basis.
9. Remaining Terms Unchanged. Except as modified in this Amendment No. 011, all other terms and
conditions of the Original Contract shall remain unchanged.
IN WITNESS WHEREOF, the authorized representatives of both Parties have executed this Amendment
No. 011, effective as of the date first above written:
MARICOPA COUNTY
Clint L. Hickman, Chairman Board of
Supervisors
Ke -11)14 %AA
Date (name)
(title)
I loquiv
(date)
Attested To:
Fran McCarroll, Clerk of the Board of
Supervisors
Date
Approve as to Form:
Deputy County Attorney
Date