FY2015 ACAA MULTI FUND CONTRACT.PDF

INDEPENDENT CONTRACTOR AGREEMENT
(2014– 2015 Utility Assistance Programs)
ACAA Contract Number: 07012014-15
This INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement") is entered into as
of the Effective Date set forth below by and between Maricopa County, administered by its Human
Services Department (collectively called the “County”) (hereinafter "Contractor") and Arizona
Community Action Association, an Arizona nonprofit corporation (hereinafter "ACAA"). Contractor and
ACAA are individually referred to herein as “Party” and collectively referred to herein as “Parties”.
RECITALS:
A. ACAA is a nonprofit organization that, as part of its mission to promote economic
self sufficiency for low-income Arizonans, administers energy program funding to provide utility repair
and replacement, utility deposits, and bill assistance.
B. ACAA is receiving or expects to receive during the term of this Agreement funding
from the fund sources listed in Section 1 (the "Fund Sources") pursuant to Program Documents (as defined
in Section 4).
C. ACAA desires to subcontract with Contractor to obtain assistance with fulfilling
ACAA’s obligations under the Program Documents and Contractor desires to receive the funding described
herein and use it to provide services in accordance with the Program Documents and this Agreement. The
total amount of the contract is $150,366.00.
THEREFORE, in consideration of the terms and conditions set forth in this Agreement and
intending to be bound, ACAA and Contractor hereby agree as follows:
1. Services and Programs.
1.1 Services. Contractor agrees, under the terms and conditions of this
Agreement, to perform the following services for the programs listed in Section 1.2: (i) conduct application
intake services, (ii) make eligibility determinations, and (iii) where applicable, provide for utility deposits,
repair and replacement work, and bill assistance. Contractor shall perform the foregoing services during
the term set forth in Section 2. ACAA will not exercise control over the specific methods used by
Contractor or the specific manner in which Contractor performs services under this Agreement, but
Contractor shall follow ACAA's instructions as to the result to be achieved. Contractor will receive
ACAA’s instructions through an employee of ACAA who is appointed to manage the program (“Project
Director”). Contractor may also received instructions from an ACAA employee designated to serve as a
liaison between ACAA and Contractor (“Monitor”).

1.1.A. The service provision area for the Southwest Gas Bill Assistance Program and
Salt River Project (SRP) Bill Assistance Program is Maricopa County excluding residents of the City of
Phoenix, City of Mesa, and City of Glendale.
The service provision for Utility Repair Replacement Deposit (URRD) is identified
by specific service. For URRD Deposit services, the service provision area is Maricopa County excluding
residents of the City of Phoenix, City of Mesa, and City of Glendale.
1.2 Fund Sources. For purposes of this Agreement, the programs, fund sources
and amount of funding to be allocated to Contractor will be as set forth in the following summary:
Fund Source Direct Program Total Allowable Additional Information
Service Delivery Allocation Activities No credits can be given to accounts.
Amount (B) (A+B)
(A)
Southwest Gas Bill $17,713.00 $0 $17,713.00 Utility Assistance  Refer to Exhibit A: Southwest Gas Low
Assistance for Southwest Gas Income Bill Assistance Program Summary
Program customers  No more than 25% of total allocation can be
used for deposits. Of the total allocation,
$3,542.60 can be used for deposits.
 Contractor makes utility payment guarantees
and payments. Service costs are reimbursed
based on activity reports.
Utility Repair $36,800.00 $3,200.00 $40,000.00 Utility Deposit  Refer to Exhibit B: Utility Repair
Replacement and Replacement Deposit Policy Manual
Deposit  Refer to Exhibit C: Instructions for
Verifying Citizenship and Non-Legal
Permanent Resident (LPR) Status (6/2012
Edition)
 Contractor makes payment guarantees and
payments to utilities. Service costs and
program delivery expenses are then
reimbursed based on activity reports and
invoices.
Salt River Project $29,906.10 $3,322.90 $33,229.00 Utility Assistance  Refer to Exhibit D: SRP Program Summary
Bill Assistance for Salt River  Refer to Exhibit E: The Arizona Dept. of
Project customers Economic Security’s Monthly 60% State
Median Income applies to this program only.
 Contractor makes utility payment guarantees
and payments. Service costs are reimbursed
based on activity reports and invoices.
APS Crisis Bill $53,481.60 $5,942.40 $59,424.00 Utility assistance  Refer to Exhibit F: APS Crisis Bill
Assistance for Arizona Public Assistance Program Summary
Program Service customers  Contractor makes utility payment guarantees
and payments. Service costs are reimbursed
based on activity reports and invoices.
Total: $137,900.70 $12,465.30 $150,366.00 Grand Total
The summary above of certain provisions of the Program Documents is provided for Contractor’s
convenience and is not intended to be an exhaustive description of all material terms of the Program
Documents. Contractor is advised to carefully review the Program Documents in their entirety. In the
event of any conflict between this summary and the Program Documents, the terms of the Program
Documents will control.
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1.3 Training. Contractor will coordinate with ACAA and may participate in any
training provided by ACAA on dates and times selected by ACAA upon reasonable notice to Contractor.
1.4 Program Modification. ACAA and the Fund Sources reserve the right to
modify program eligibility guidelines and Program Documents. Contractor agrees to implement and
comply with any and all modifications as soon as possible after receipt of written notice of such
modifications.
2. Term and Termination.
2.1 Term. Unless sooner terminated pursuant to Section 2.2, the term of this
Agreement will start on July 1, 2014 (the “Effective Date”) and end on June 30, 2015.
Pursuant to A.R.S. §38-511, the County may cancel this Agreement without penalty or further obligation
within three years after execution of the contract, if any person significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the
Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the
Agreement in any capacity or consultant to any other party of the Agreement with respect to the subject
matter of the Agreement. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the County from any other party to the contract arising as the result of the
Agreement.
2.2 Either Party may terminate this Agreement at any time by giving the other
Party at least thirty (30) calendar days prior to notice in writing. The notice shall be given by personal
delivery or by registered or certified mail, postage prepaid and return receipt requested.
2.3 This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
2.4 If not terminated by one of the above methods, this Agreement will terminate
on June 30, 2015.
3. Funding; Expenses; Nature of Relationship.
3.1 Funding; Payments to Contractor. Not later than the 15th day of each month,
Contractor will submit an invoice to ACAA for all services Contractor performed during the prior month as
required by Section 4. ACAA will endeavor to review Contractor’s invoices and give notice to Contractor
of any disallowed items within ten (10) business days after ACAA receives the invoice. ACAA will submit
all approved portions of Contractor’s invoice to the applicable Fund Sources. Contractor acknowledges
and agrees that all invoices are subject to approval by the Fund Sources and ACAA’s approval does not
bind any Fund Source or constitute a guarantee by ACAA of payment to Contractor.
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3.2 Request for Additional Funds. Contractor may submit in writing a request for
additional funds to ACAA no earlier than November 30 of the current contract year. Requests for
additional funds will be submitted to the Home Energy Assistance Fund Advisory Board of Directors on
the next available agenda. Approval of request(s) will be based on: a) there are adequate funds available;
b) agency is at an expenditure rate to ensure any additional funds will be expended; c) request is not being
used to cover over expenditures. All approved requests will be submitted to the ACAA Board of Directors
on the next available agenda for final review and approval.
3.3 Reimbursement of Expenses. ACAA may provide certain materials and
supplies to Contractor for use in performing services under this Agreement. Except for such materials and
supplies, and except to the extent the Program Documents permit reimbursement of expenses from the
Fund Sources, Contractor shall be responsible for expenses that it incurs in performing services under this
Agreement, and shall not be entitled to reimbursement from ACAA.
3.4 Expenditures. ACAA reserves the right to terminate, reduce, or reallocate
funds to another Contractor within the service territory, if Contractor’s expenditure rate, during the contract
period, is not at a percentage to ensure one hundred percent expenditure of funds. ACAA will conduct a
review of Contractor’s expenditures on a quarterly basis, and will notify the Contractor of any concerns. It
is the responsibility of the Contractor to monitor all contract expenditures and to ensure no over
expenditures occur. If an over expenditure occurs, the Contractor is responsible for absorbing and/or
returning the amount of the payment.
Any change by ACAA in allocation of funds to the Contractor during the Term of the
Agreement will be in accordance with Section 17 under this Agreement.
3.5 Advance Payments. Contractor may request a one-time advance in accordance
with the established One-Time Advance Policy approved by the Home Energy Assistance Advisory Board
of Directors and the ACAA Board of Directors. Contract may request the Advance Request Form through
ACAA, if needed.
3.6 Nature of Relationship. As between ACAA and Contractor, ACAA shall have
the same rights as the Funding Sources have under the applicable Program Documents. Contractor shall
have only those rights expressly provided to Contractor under this Agreement. The relationship between
ACAA and Contractor shall be that of independent contractors for purposes including tax law purposes and
employment law purposes and not that of employer-employee, partners, joint venturers, or otherwise.
Contractor acknowledges and agrees that Contractor shall have no right or opportunity to participate in any
employee benefits plans, compensation plans, or other benefits that ACAA may offer to its employees, and
that Contractor will not be treated as an employee for purposes of workers compensation laws, employment
laws, or tax laws, including without limitation federal and state income tax laws, social security tax laws
and unemployment contribution laws. Contractor agrees to comply with all laws applicable to independent
contractors including, but not limited to, professional and tax licensing requirements and reporting and
payment of applicable federal, state and local taxes, including without limitation income taxes and self-
employment taxes.
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3.7 Indemnification. Each Party (as “Indemnitor”) agrees to indemnify, defend,
and hold harmless the other Party (as “Indemnitee”) from and against any and all claims, losses, liability,
costs or expenses (including attorneys’ fees) (hereinafter collectively referred to as “Claims”) arising from
or out of bodily injury of any person (including death) or property damages, but only to the extent that such
Claims which result in liability to the Indemnitees, are caused by the negligent or willful acts or omissions
of the Indemnitor, its directors, officers, officials, agents, employees, or volunteers.
3.8 Insurance.
3.8.1 Contractor and any subcontractors shall procure and maintain, until all
of their obligations have been satisfied, insurance against claims for injury to persons or damage to
property which may arise from or in connection with the performance of the services hereunder by
Contractor or Contractor’s agents, representatives, employees or subcontractors. Contractor shall also
procure and maintain all additional insurance coverage required by the Program Documents.
3.8.2 The insurance requirements herein are minimum requirements for this
Agreement and in no way limit Contractor’s indemnity obligations contained in this Agreement. ACAA
makes no representation or warranty that the minimum limits contained herein are sufficient to protect
Contractor from liabilities that might arise out of the performance of the work under this contract by
Contractor, its agents, representatives, employees or subcontractors, and Contractor is free to purchase
additional insurance.
3.8.3 Contractor shall provide coverage with limits of liability not less than
those stated below.
1. Commercial General Liability – Occurrence Form
General Aggregate: The policy will have a combined single limit of
$2,000,000 for each occurrence for bodily injury and property damage. The
policy shall include bodily injury, property damage, personal injury and broad
form contractual liability.
a. The policy shall be endorsed to include the following additional insured
language: “Arizona Community Action Association, shall be named as additional insured with
respect to liability arising out of the activities performed by or on behalf of the Contractor".
b. The policy shall contain a waiver of subrogation against Arizona
Community Action Association and its officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned
vehicles used in the performance of this Agreement.
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Combined Single Limit (CSL) $ 1,000,000
a. The policy shall be endorsed to include the following additional insured
language: “Arizona Community Action Association shall be named as additional insured with
respect to liability arising out of the activities performed by or on behalf of the Contractor,
involving automobiles owned, leased, hired or borrowed by the Contractor".
3. Worker's Compensation and Employers' Liability
The policy will cover all obligations imposed by federal, state and local
statutes with jurisdiction over Contractor’s employees.
a. The policy shall contain a waiver of subrogation against Arizona
Community Action Association and its officers, officials, agents, and employees for losses arising
from work performed by or on behalf of the Contractor.
3.8.4 Wherever additional insured status is required, such additional insured
shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability
are in excess of those required by this Agreement. The Contractor's insurance coverage shall be primary
insurance with respect to all other available sources. Coverage provided by the Contractor shall not be
limited to the liability assumed under the indemnification provisions of this Agreement.
3.8.5 Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended, voided, canceled, or reduced in
coverage or in limits except after thirty (30) days prior written notice has been given to ACAA.
3.8.6 Insurance is to be placed with duly licensed or approved non-admitted
insurers in the state of Arizona with an “A.M. Best” rating of not less than A- VII. ACAA makes no
representation or warranty that the above-required minimum insurer rating is sufficient to protect
Contractor from potential insurer insolvency. If Contractor utilizes the Social Service Contractors
Indemnity Pool (SSCIP) or other approved insurance pool for insurance coverage, SSCIP or the other
approved insurance pool is exempt from the A.M. Best’s rating requirements listed in this Agreement. If
Contractor chooses to use SSCIP or another approved insurance pool as its insurance provider, Contractor
would be considered in full compliance with insurance requirements relating to the A.M. Best rating
requirements.
3.8.7 Contractor shall furnish ACAA with certificates of insurance (ACORD
form or equivalent approved by ACAA) as required by this Agreement. The certificates for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates
and endorsements are to be received and approved by ACAA before services commence. Each insurance
policy required by this Agreement must be in effect at or prior to commencement of services under this
Agreement and remain in effect for the duration of the term of this Agreement. Failure to maintain the
insurance policies as required by this Agreement, or to provide evidence of renewal, is a material breach of
contract.
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3.8.8 Contractor’s certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall furnish to ACAA separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified
above.
3.8.9 In the event the Contractor is a public entity, then the insurance
requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance.
4. Compliance with Terms of Funding. Contractor acknowledges that Contractor’s
services will be part of the programs funded by the Funding Sources listed in Section 1 pursuant to the
Program Documents. Contractor agrees it will be bound by and will comply with all terms and conditions
of the Program Documents, including without limitation all indemnification and insurance obligations. The
“Program Documents” consist of the documents attached hereto as Exhibits A through G and any written
policies and procedures that ACAA may send to Contractor from time to time, all of which are
incorporated herein by this reference. The Program Documents require ACAA to submit certain periodic
reports to the Fund Sources. Contractor agrees to cooperate with ACAA in preparing these reports. In
addition, Contractor shall submit monthly reports to ACAA on forms prescribed by ACAA and comply
with all other reporting obligations under the Program Documents. Such invoices and reports shall be
submitted no later than fifteen (15) days after the end of each month.
4.1 Grant Management System Database (GMS). Contractor will ensure that, for all
clients assisted with ACAA-provided fund sources, client information and required data will be transferred
electronically to the ACAA GMS system.
5. Confidential Information.
5.1 Contractor's Obligation of Confidentiality. Contractor recognizes that as a
result of this Agreement and Contractor’s performance of services hereunder Contractor will have access to
confidential information (“Confidential Information”). Contractor will keep the Confidential Information it
receives confidential at all times and will not, without the prior written consent of ACAA, disclose
Confidential Information to any person other than its legal counsel and other parties authorized by ACAA
in writing prior to the disclosure of the Confidential Information (such legal counsel and other authorized
parties will hereinafter be collectively referred to herein as the "Representatives") who need to know the
Confidential Information. Contractor agrees to inform its Representatives of the confidential nature of the
Confidential Information and to obtain their agreement to be bound by the terms of this Section 5 for the
benefit of ACAA. Contractor agrees to treat and use Confidential Information in a manner that is
consistent with protecting such information. Contractor agrees that it will be responsible for any
unauthorized use or disclosure of Confidential Information or other non-compliance with this Agreement
by any Representative or other agents, or by any other person who obtains access to Confidential
Information from, or due to the fault of, Contractor. Any such non-compliance will constitute a breach of
this Agreement by Contractor. Notwithstanding the foregoing, Contractor may release public records
redacting confidential and personal identifying information in response to a valid public records request
pursuant to the Arizona Public Records Law (A.R.S. § 39-121 et seq.), provided, that in the event such a
public records request is received, Contractor shall immediately notify ACAA and thereafter permit ACAA
(or any counterparty of ACAA to whom the records or information subject to the request belongs or
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concerns) to intervene in order to secure a protective order or other appropriate relief from a court of
competent jurisdiction. The protective action described in the preceding sentence shall be undertaken (if at
all) in the sole discretion of ACAA and/or its counterparties, and a protective order or other appropriate
relief must be obtained within ten (10) business days from the date that notification of the public records
request is delivered by Contractor to ACAA. Contractor shall not, under any circumstances, be responsible
for securing a protective order or other relief enjoining the release of records, nor shall Contractor be in any
way financially responsible for any costs associated with securing such an order.
5.2 Definition of Confidential Information. Confidential Information includes
without limitation any information in whatever form, whether documents, computer disks, computer drives,
computer chips, audio tapes or video tapes, that are marked with the legend "confidential" or other notice of
similar meaning or are otherwise treated as confidential by ACAA. Whether or not indicated to be
confidential, the following information shall be deemed to constitute Confidential Information: all data
collected from applicants for assistance and program participants including without limitation names,
addresses, and any other information of a personal or intimate nature, and all trade secrets, proprietary data,
financial information, business information and other proprietary information disclosed by ACAA to
Contractor, and further including without limitation any copies, summaries, indexes or abstracts of
Confidential Information and any information or materials derived from Confidential Information. In
addition to the foregoing, any information that is otherwise protected by law as confidential without regard
to this Agreement shall constitute Confidential Information. The term "Confidential Information" as used
herein does not include any information which (a) is already known to the public prior to disclosure to
Contractor; (b) is subsequently made known to the public without any violation of this Agreement; or (c) is
rightfully received by Contractor from a third party without similar restriction and without breach of this
Agreement. Notwithstanding the foregoing, Contractor will not be deemed in violation of this Agreement
in the event Contractor discloses Confidential Information in response to a duly issued court order or
subpoena if Contractor provides prompt advance notice thereof to ACAA or if Contractor discloses data
regarding applicants for assistance and program participants to the extent required by Contractor’s
reporting obligations under other agreements pursuant to which Contractor receives funding.
6. Contractor Compliance With A.R.S. §§ 35-391.06 and 35-393.06
(Scrutinized Business Relations with Sudan and Iran):
By entering into this Agreement, each Party certifies it does not have scrutinized business operations in
Sudan or Iran. Each Party shall obtain statements from its Subcontractors certifying compliance and shall
furnish the statements to the other Party upon request. These warranties shall remain in effect through the
term of this Agreement.
Either Party may request verification of compliance from the other Party or any Subcontractor performing
work under this Agreement. Should either Party suspect or find that the other Party or any of its
Subcontractors are not in compliance, the Party suspecting or finding non-compliance may pursue any and
all remedies allowed by law, including but not limited to: suspension of work, immediate termination of
this Agreement for default, and suspension and/or debarment of the other Party. Each Party shall bear its
own costs necessary to verify compliance with this provision.
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7. Verification Regarding Compliance with Arizona Revised Statutes § 23-214 and
Federal Immigration Laws and Regulations:
By entering into this Agreement, the Parties represent and warrant compliance with the Immigration and
Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and State immigration laws and
regulations related to the immigration status of its employees. Each Party shall obtain statements from its
Subcontractors certifying compliance and shall furnish the statements to the Department upon request.
These representatives and warranties shall remain in effect throughout the term of this Agreement. Each
Party and its Subcontractors shall also maintain Employment and Eligibility Verification forms (I-9), as
required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-
603), for all employees performing work under the Contract. I-9 Forms are available for download at
USCOS.GOV.
Each Party warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
7.1 Each Party and its Subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. §
23-214(A);
7.2 That a breach of a warranty under subsection 7.1 above, shall be deemed a
material breach of this Agreement and either Party may immediately terminate this Agreement without
liability;
7.3 That each Party and any contracting government entity remains the legal right
to inspect the papers and employment records of any Party’s or Subcontractor’s employee who works under
this Agreement to ensure that the other Party or any Subcontractor is complying with the warranty provided
under subsectin7.1 above and that each Party agrees to make all paper and employment records of said
employee(s) available during normal working hours in order to facilitate such an inspection.
8. Audit and Inspection. ACAA will have the right to audit and inspect Contractor’s
work to verify compliance with this Agreement. Contractor agrees to provide ACAA and its Fund
Sources with access, upon reasonable advance notice and during normal business hours, to all of
Contractor's books and records that relate to this Agreement. Contractor will maintain copies of all
books and records that relate to this Agreement for at least 3 years after the expiration of this
Agreement.
9. Notices. All notices given in connection with this Agreement shall be in writing and
sent by: (i) hand delivery (ii) nationally recognized courier, (iii) facsimile, (iv) United States
certified mail with return receipt requested, postage paid, or (v) e-mail. All notices shall be deemed
given and received when (a) if given by facsimile, upon confirmed transmission during normal
business hours (before 5:00 p.m. Arizona time), if confirmed transmission is after normal business
hours it will be deemed given and received the next business day, (b) if hand delivered, when
delivered (as confirmed by receipt executed by the recipient or delivery confirmation executed by
the courier), (c) if given by a nationally recognized courier, on the day the notice is actually
delivered (as confirmed by receipt executed by the recipient or delivery confirmation by the
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courier), (d) if given by certified mail, return receipt requested, postage paid, when actually
delivered to the addresses specified herein as evidenced by return receipt or refusal or failure to
accept delivery. A Party may change its mailing address, e-mail address and/or facsimile number
for notice by giving notice to the other parties in accordance with this Section. All notices will be
given at the address or by use of the facsimile number or e-mail address specified for a Party as
follows:
If to ACAA: If to Contractor:
Arizona Community Action Agency Maricopa County Human Services Dept.
2700 N. Third Street, #3040 234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004 Phoenix, Arizona 85004
Designated Representative: Designated Representative
Ms. Cynthia Zwick Ms. Sandra Mendez
Executive Director Phone: (602) 506-5911
Phone: (602) 604-0640 Fax: (602) 506-4749
Fax: (602) 604-0644 Email: mendezs002@mail.maricopa.gov
E-mail: czwick@azcaa.org
10. Limitation of Fund Source Liability. ACAA's obligations under this Agreement are
subject to the Fund Sources actually providing the funds (either to ACAA or directly to Contractor)
pursuant to the Program Documents. ACAA intends to allocate the funds from each Fund Source to
multiple contractors. If one or more Fund Sources reduces their funding to ACAA, then ACAA reserves
the right to reduce Contractor’s funding under this Agreement and to allocate the reduced funding among
Contractor and other contractors as determined by ACAA in its sole discretion.
11. Assignment; Subcontractors. Contractor may not assign Contractor's rights or
obligations under this Agreement without ACAA's prior written consent, which consent ACAA may
withhold at its sole discretion. ACAA's consent to an assignment or subcontractor will not release
Contractor from any of Contractor's obligations under this Agreement without ACAA's prior written
consent, which consent ACAA will not unreasonably withhold.
12. Choice of Law and Forum. This Agreement has been entered into in Maricopa
County, Arizona and its application and interpretation shall be governed exclusively by its terms and by the
laws of the State of Arizona without regard to its choice of law rules. The exclusive and proper venue for
any dispute arising out of this Agreement will be the state and federal courts located in Maricopa County
Arizona.
13. Integration; Modification; Waiver. This Agreement reflects the entire agreement
of the Parties relating to the subject matter hereof. All recitals and exhibits to this Agreement are
incorporated herein by this reference. No provision of this Agreement shall be deemed waived, amended,
or modified by any Party unless both parties sign a written amendment or the Party against whom the
waiver is asserted signs a written waiver.
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14. Counterparts; Facsimile. This Agreement may be executed in counterparts and
delivered by facsimile.
15. Dispute Resolution/Attorney Fees. If a dispute arises concerning this Agreement, a
meeting of the Parties shall be held within 10 business days after either Party gives the other Party written
notice of the dispute (the “Dispute Notice”). The Dispute Notice shall set forth in reasonable detail the
aggrieved Party’s position and its proposal for resolution of the dispute. A representative of each Party who has
authority to resolve the dispute shall be in attendance at all meetings. If the dispute is not resolved within 30
calendar days after the first meeting of the Parties, either Party is free to use any other available remedy
including litigation. The Dispute Notice and 30-day discussion period are conditions precedent to each Party’s
right to resort to any other method. A Party’s failure to comply with this Section shall entitle the other Party to
recover its costs and reasonable attorney’s fees in any judicial proceedings that circumvent this dispute
resolution provision. The prevailing Party in any proceedings instituted by either Party regarding a dispute
concerning this Agreement shall be entitled to recover its reasonable attorney’s fees, costs, and expenses.
16. Entire Agreement. This Agreement contains the final and complete agreement between
the Parties for performance of the Services specified herein and supersedes all prior and contemporaneous
conduct, agreements, statements, representations, negotiations, course of conduct, course of dealing, and
communications pertaining to those Services, whether written or oral.
17. Amendments and Modifications. This Agreement can be modified or rescinded only
by a writing signed by the Parties’ duly authorized agents. No other course of dealing or oral changes between
the Parties will be effective or legally binding as an amendment to this Agreement.
[Signature page follows]
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IN WITNESS WHEREOF, the undersigned have executed this Agreement. All documents referred to in
this Agreement are made a part hereof as though fully set forth herein.
For Maricopa County, administered by its Arizona Community Action Association,
Human Services Department an Arizona nonprofit corporation
(Contractor)
____________________________________ By
Chairman, Board of Supervisors Name: Cynthia Zwick
Date: Title: Executive Director
Attested to: Date:
________________________________ Address:
Clerk, Board of Supervisors 2700 North 3rd Street, Suite 3040
Date:____________________________ Phoenix, Arizona 85004
Fax No.: 602-604-0644
E-mail: czwick@azcaa.org
Approved as to Form:
________________________________
Deputy County Attorney
Date:____________________________
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All documents referred to in this Agreement are made a part hereof as
though fully set forth herein.
List of Exhibits:
Exhibit A Southwest Gas Bill Assistance Program Summary
Exhibit B Utility Repair, Replacement and Deposit Policy Manual
Effective July 1, 2014 – June 30, 2015
Exhibit C Instructions for Verifying Citizenship and Non-Citizen Legal
Permanent Resident (LPR) Status (Revised by DES 6/2012
Exhibit D Salt River Project (SRP) Bill Assistance Program Summary
Exhibit E Arizona Dept. of Economic Security: Monthly 60% State
Median Income SMI (Oct. 1, 2013 – June 30, 2014) – to be used
until new income guidelines are released.
Exhibit F Arizona Public Service (APS) Crisis Bill Assistance Program
Summary
Exhibit G Federal Poverty Income Guidelines effective July 1, 2014
through June 30, 2015