AMENDMENT NO. 3 RE ARIZONA PUBLIC SERVICE COMPANY CRISIS ASSISTANCE.PDF
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C-22-22-073-X-03
CHANGE NOTICE NO. 03, P.O. 700805367
TO
Agreement Between Arizona Public Service Company and Maricopa County for
Crisis Bill Assistance
THIS CHANGE NOTICE NO. 03 effective upon execution of this document by both
parties, 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, with offices at 234 North Central Avenue
3rd Floor, Phoenix, Arizona 85004 ("Counterparty"). "APS" and "Counterparty" are
referred to herein individually as "Party" and collectively as "Parties".
WHEREAS, APS and Counterparty are parties to that certain Agreement for Special Crisis
Bill Assistance Program Implementation between APS and Counterparty, Contract No.
700805367, dated effective as of the 1st day of January, 2022 (the "Original Contract");
WHEREAS, the Parties desire to add funding to the amended agreement and make other
mutually agreed upon changes;
NOW THEREFORE, in consideration of the above premises, respective covenants and
agreements hereinafter set forth, the Parties agree to amend the Amended Contract as
follows:
1.
Term/Termination. Section I. will delete and replace section with the same except
for the following: Effective Date and terminates on December 31st, 2025.
2.
Scope of Services. Section II C.2 will be deleted and replace section with the same
except for the following: A Household or individual who meets all eligibility requirements
set for above may receive up to $1,000.
3.
Bill Assistance Allocation. Sections IV A.1.A – IV A.1.D will be deleted in its
entirety and replaced with the following: A. Up to $300,000 of the Program funds January
1, 2025, through December 31, 2025. At the end of the remedy period, this Agreement
terminates on the Agreement's termination date.
4.
General Terms and Conditions. Revise Section VI N. to update County Point of
Contact as follows:
Designated Representative:
Siman Qaasim
Assistant Director, Community Resilience Division
Phone: 602-506-4841
Email: Siman.Qaasim@maricopa.gov
C-22-22-073-X-03
Add new clauses in Section VI:
T.
Provisions Required By Law.
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
U.
Force Majeure.
1. Neither Party shall be liable for failure of performance, nor incur any liability
to the other Party on account of any loss or damage resulting from any delay
or failure to perform all or any part of this Agreement if such delay or failure
is caused by unforeseeable events, occurrences, or causes beyond the
reasonable control and without negligence of the Parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood,
earthquake, storm, hurricane, or other natural disaster), war, invasion, act of
foreign enemies, hostilities (whether war is declared or not), civil war, riots,
rebellion, revolution, insurrection, military or usurped power or confiscation,
terrorist activities, nationalization, government sanction, lockout, blockage,
embargo, labor dispute, strike, pandemic, and interruption or failure of
electricity or telecommunication service.
2. Each Party, as applicable, shall give the other Party notice of its inability to
perform and particulars in reasonable detail of the cause of the inability. Each
party must use best efforts to remedy the situation and remove, as soon as
practicable, the cause of its inability to perform or comply.
3. The Party asserting Force Majeure as a cause for non-performance shall have
the burden of proving that reasonable steps were taken to minimize delay or
damages caused by foreseeable events, all non-excused obligations were
substantially fulfilled, and the other Party was timely notified of the likelihood
or actual occurrence that would justify such an assertion, so that other prudent
precautions could be contemplated.
Remaining Terms Unchanged. Except as modified in this Change Notice No. 03, all other
terms and conditions of the Amended Contract shall remain unchanged.
[Signatures contained on following page]
C-22-22-073-X-03
IN WITNESS WHEREOF, the authorized representatives of both Parties have executed
this Change Notice No. 03, effective as of the date first above written:
MARICOPA COUNTY
ARIZONA PUBLIC SERVICE COMPANY
By:______________________________
By:_______________________________
Thomas Galvin, Chairman Date Date
Board of Supervisors
By:______________________________
Juanita Garza, Clerk of the Board Date
Approved as to Form:
By:______________________________
Deputy County Attorney Date