APS AMENDMENT 10

AMENDMENT NO. 010
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. 010 is entered into effective as of the 1st day of January, 2016, 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 Countelparty, 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, 2016. 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 $2,657,211.00. 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 2016 DSM Implementation Plan Energy Wise Low Income
Weatherization Program budget as stated in APS' filing, then the allocation amount for the
2016 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 2016
DSM Implementation Plan Energy Wise Low Income Weatherization Program budget as
stated in APS' filing, then the allocation amount for the 2016 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. 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 1 st of the 2016 program year and based on the percent of the Allocation spent,
authorize the subsequent year Allocation forecast on this basis by November 15, 2016.
However, if the 2016 year spend is equal to or more than 80% of the Allocation by
November et, then the subsequent year Allocation shall be based on 100% of the
Allocation as specified in the APS 2017 DSM Implementation Plan, subject to approval by
APS or the "ACC".
7. Scope of Services. Add Section 2.1.4. 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.
8. 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."
9. 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.
10. 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.
11. Remaining Terms Unchanged. Except as modified in this Amendment No. 010, 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. 010, effective as of the date first above written:
MARICOPA COUNTY ARIZONA PUBLIC SERVICE COMPANY
Chairman Board of Supervisors
Date
eit 40-orr

Attested To:
Fran McCarroll, Clerk of the Board of Supervisors
Date
Approve as to Form:
Deputy County Attorney
Date