APS CRISIS BILL ASSISTANCE PROGRAM 2022.PDF

Maricopa County — Formal (2022-02-23)

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APS Crisis Bill Assistance Program 
 
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P.O. NO. 700805367 
AGREEMENT BETWEEN APS AND MARICOPA COUNTY 
FOR CRISIS BILL ASSISTANCE 
 
This Agreement, effective retroactively on January 1, 2022 (“Effective Date”), is 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, Phoenix, Arizona 85004 (“Contractor”). 
Contractor and APS may each individually be referred to herein as a Party and collectively as the 
Parties. 
 
RECITALS 
 
Whereas, APS has agreed to provide up to $180,170 (“Program Funds”) to fund the 
Special Crisis Bill Assistance Program for APS customers in crisis whose incomes are less than 
or equal to 200% of the Federal Poverty Level guidelines; and  
 
Whereas, APS enters this Agreement with Contractor to have Contractor administer and 
disburse a portion of the Program Funds, as further described below.  
 
Therefore, in consideration of the recitals set forth above, the respective agreements of 
the Parties herein set forth, and other good and valuable consideration the receipt and sufficiency 
of which are hereby acknowledged, the Parties agree as follows: 
 
 
AGREEMENT 
 
I. 
TERM/TERMINATION 
 
The term of this Agreement commences as of the Effective Date and terminates on 
December 31, 2022 (“Term”) unless terminated earlier by either Party in accordance with 
the terms hereof. This Agreement is subject to A.R.S. § 38-511, the pertinent provisions 
of which are incorporated here by this reference. Additionally, APS shall have the ability 
to cancel this Agreement at any time during the term with 60 days written notice to 
Counterparty. 
 
II. 
SCOPE OF SERVICES 
 
A. 
Program Coordination. The program provided for under this Agreement shall be 
referred to as the Crisis Bill Assistance Program (“Program”). On behalf of APS, 
Contractor will administer and disperse any Program Funds allocated to Contractor 
under this Agreement to provide crisis bill assistance to eligible limited-income 
households and individuals residing in APS’s service territory in accordance with 
the terms of this Agreement. Contractor may rely upon the service territory maps 
available through APS’s website (https://www.aps.com) to determine whether a 
household is located within APS’s service territory. 
 
B. 
During the Term, Contractor will perform the following services:

APS Crisis Bill Assistance Program 
 
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1. 
Administer any Program Funds allocated to it and distribute them in 
accordance with the terms hereof; 
2. 
Serve as a central point of contact for all activities reasonably necessary to 
implement the services contemplated in this Agreement including, but not 
limited to, remittance of payments, invoicing, tracking, auditing, and 
reporting; 
3. 
Ensure that Program Funds available to Contractor are fully distributed to 
eligible limited-income customers by the end of the Agreement Term; 
4. 
Recommend implementation timelines and oversee the development and 
operation of specific Program procedures with input from, and subject to 
APS review; 
5. 
Monitor and oversee all Program activities and prepare timely monthly 
reports of such activities; 
6. 
Review and verify that all general and financial criteria for eligibility for 
limited income assistance as provided for in this Agreement are adhered 
to; 
7. 
Ensure that all Program related forms are completed and reviewed for 
accuracy, including all audit forms used for customer qualification, and any 
other verification calculations and documentation agreed upon in writing by 
the Parties; 
8. 
Answer questions about the Program and resolve customer complaints 
relating to the Crisis Bill Assistance from the Program. Issues related to 
APS customer billing, account status, etc. will be relayed to APS or the 
customer can contact APS directly; 
9. 
Represent APS fairly to APS customers involved in the Crisis Bill 
Assistance process and to local media, including, without limitation, 
presentations for the Maricopa County Board of Supervisors, limited 
income conferences, community events and other public presentations; 
10. 
Fully utilize APS’s Electronic Agency Guarantee (“EAG”) portal. This 
includes using EAG to approve customers for Program funds and enrolling 
eligible customers into APS’s Energy Support program as the standard 
practice. Also, when making a guarantee a source for the funds, the 
appropriate fund selection shall be selected from the drop-down options to 
track the source of funds. 
11. 
Perform such other administrative tasks as to which the Parties agree in 
writing from time to time during the Term of this Agreement. 
 
C. 
Program Eligibility: 
 
1. 
Other than the administrative fees discussed in V.A. below, Program Funds 
dispersed pursuant to this Agreement shall only be provided by Contractor 
to, or on behalf of, eligible limited-income individuals or households on their 
active APS account. To be eligible to receive Program Funds, an individual 
and/or household must meet the following income requirements and be 
experiencing a crisis situation as defined below:

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a. Income requirements. Eligible individuals and/or households shall have 
a maximum gross household income less than or equal to 200% of the 
Federal Poverty Level (“FPL”) as defined by the Arizona Department of 
Economic Security (“DES”), as adjusted annually by DES. For 
purposes of this Agreement, a “Household” is defined as group of 
individuals in a single residence for which energy is purchased in 
common. 
b. Crisis Situation. A customer is in a “crisis situation” if the customer 
meets all of the following criteria: 
 
i. 
must be a resident of Arizona; 
ii. must not be a resident of an institution. Institutions include: 
(a) hospitals; 
(b) licensed domiciliary care facilities (family care homes, 
homes for the aged, and family care homes for 
developmentally disabled adults); 
(c) intermediate care facilities; 
(d) skilled nursing facilities or homes; 
(e) alcohol and drug rehabilitation centers or treatment 
program; 
(f) dormitories; 
(g) temporary protective facilities, such as domestic 
violence shelters, etc.; or 
(h) prisons; 
 
iii. for a resident of public housing, the individual must have an 
obligation to pay the utility bill directly to APS on an ongoing 
basis; and 
iv. the eligible individual must have had: (i) a loss or reduction of 
income which places him/her within the range prescribed in 
Section II.C.1(a), above; (ii) unexpected or unplanned expenses 
that caused a lack of resources; or (iii) a condition has occurred 
or exists that endangers the health or safety of the Household 
of which the individual is a member; and 
v. the 
customer 
provides 
acceptable 
crisis 
situation 
documentation of the crisis situation. As there are many crisis 
situations, the supporting documentation will vary. Here are 
some examples (not an exhaustive list) of documents that 
provide proof of crisis: 
(a) loss of employment or reduction of hours: letter of 
termination from employer or paystub showing 
reduction in hours; 
(b) medical emergency or issue: doctor’s note or current 
medical bill, ER discharge notes;

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(c) unexpected expense documents such as: 
i. 
bill related to the expense (car repair 
bill/estimate); 
ii. utilities shut off or delinquency notice; 
iii. eviction notice; and 
iv. other letter or document demonstrating the 
additional financial burden; and 
(d) victim of crime: police report or referral from a domestic 
violence agency where individual participates. 
 
2. 
A Household or individual who meets all eligibility requirements set forth 
above may receive up to $800 to cover a current or past-due APS bill, but 
may not receive Program Funds to pay APS bills incurred at former 
residences. A Household or individual is eligible for bill assistance 
payments twice during a 12-month period starting with the awarding of the 
first bill assistance payment.  The total amount of Program Funds awarded 
to an individual and/or household during a 12-month rolling period cannot 
exceed $800.  Additionally, Program Funds may not be used to pay 
deposits.   
3. 
Customer Authorization. Prior to approving and submitting a customer for 
assistance, Contractor will ensure that the aps customer has accepted (via 
signature, telephonic or digital approval) an approved consent form 
allowing Contractor to access information from APS concerning the 
customer’s relevant account information or other information needed to 
assist the customer.  
 
III. 
REPORTING REQUIREMENTS 
 
A. 
Reporting Requirements: 
 
1. 
To ensure that the Program Funds are promptly distributed to customers 
who meet the criteria in II.C. above within the Term that the Program Funds 
are allocated, Contractor is required to track and report monthly on several 
metrics and performance measures as described in this Agreement. 
2. 
During the Term, Contractor will submit monthly reports to APS detailing 
Program performance on a Monthly Spending Detail Report (Report). The 
Report must be sent to APS by the 20th of each month for the month prior. 
3. 
The Monthly Spending Detail Report must contain at a minimum the 
following information: 
a. An excel file that lists for the Contractor and/or each QPA: 
i. 
Direct Services amount by customer 
ii. 
Administrative fee amount by customer, if applicable 
iii. 
Application date by customer 
iv. 
Customer name 
v. 
Customer address 
vi. 
Customer APS account number

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vii. 
Total 
funds 
distributed 
for 
Direct 
Services 
and 
Administrative fees to date for the entire Term. 
viii. 
Program Fund balance 
 
b. Contractor will send the Spending Detail Report via the APS secure 
Microsoft Teams site or through the Contractor’s secure file transfer site. 
4. 
Failure to timely submit required Reports and other information that may 
be reasonably requested by Aps pursuant to this Agreement may be 
grounds for termination of this Agreement. 
IV. 
BILL ASSISTANCE ALLOCATION, PROMOTION, TRAINING AND AUDITS 
 
A. 
During the Term of this Agreement Contractor is eligible to receive up to a total of 
$180,170 of Program Funds as described below: 
 
1. 
APS will provide Program Funds in accordance with Section V 
Compensation/Taxes below. 
2. 
Contractor administrative costs will come from the Program Funds. 
3. 
Contractor will distribute Program Funds until they are depleted. 
4. 
Contractor will invoice APS monthly for the prior month’s activity. 
5. 
Contractor will fully utilize the Electronic Agency Guarantee (EAG) portal 
features as defined by APS in the EAG Agency contract to distribute 
Program Funds. 
6. 
Contractor and APS shall meet at least monthly to review Program status. 
B. 
APS Program Promotion: 
1. 
APS will utilize its internal and external resources to provide a reasonable 
amount of Program promotion. This will include posters, flyers, newsletters, 
printing and other items as necessary to build customer awareness 
regarding the availability of Program funds.  APS will obtain prior written 
consent before distribution of promotional materials using the Contractor 
name and/or logo. 
C. 
APS Training Support for Contractor: 
1. 
APS will utilize its internal and external resources to provide a reasonable 
amount of training for Contractor personnel regarding the Program.  This 
will include in-person and/or online training and reference materials. 
D. 
Auditing of records: 
1. 
APS shall have the right to audit all books and records related to the 
Program upon five (5) business days’ prior written notice to Contractor.  
Notwithstanding requirements contained in this Agreement to the contrary, 
Contractor may redact or withhold records that contain legally protected 
confidential information pertaining to individual recipients of Program 
Funds, such as social security numbers as well as attorney-client and work-
product communications and information.

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V. 
COMPENSATION/TAXES 
 
A. 
In exchange for providing the services contemplated in this Agreement, Contractor 
is entitled to receive as its administrative fee 20% of each allocation of Program 
Funds paid to it if it is fully utilizing the APS EAG system. 
B. 
Contractor shall be responsible for any taxes that may be levied, or imposed upon 
it as a result of the transactions contemplated by this Agreement. 
C. 
Each month Contractor shall submit an original invoice containing the purchase 
order number # 700805367 provided for this transaction, an adequate description 
of the Services, and a detailed breakdown of the invoice amount, shall be 
accompanied by reasonable documentation and shall be submitted to APS 
Company email at each of the following: 
payables@aps.com 
michelle.lehman@aps.com 
james.holbrook@aps.com 
 
D. 
The time for payment of invoices will run from the later of the date Company 
receives correct invoices for Services (Receipt Date).  APS shall pay Contractor 
within 15 days of the Receipt Date. 
E. 
APS will pay approved invoices via electronic transfer. 
 
VI. 
GENERAL TERMS AND CONDITIONS 
 
A. 
Handling of Personally Identifiable Information (PII) Information. For the purpose 
of this Agreement PII includes any information that permits the identity of an 
individual to be directly or indirectly inferred, including any information that is linked 
or linkable to that individual. Examples of PII include, but are not limited to name, 
address, customer account numbers, and addresses.  Contractor should limit its 
access to PII to the greatest extent possible. To the extent Contractor obtains PII 
generated or received in connection with the Program from individual or household 
recipients of Program Funds or from any other source, Contractor shall handle all 
such PII in a confidential manner and have appropriate processes and procedures 
in place for handling PII such in a secure and confidential manner.   Upon request, 
Contractor shall provide a description of such processes and procedures to APS. 
B. 
Warranties. Each Party warrants that the activities performed pursuant to or in 
furtherance of this Agreement shall be performed in compliance with all applicable 
laws, rules, regulations, codes, standards, ordinances and orders of regulatory 
authorities having jurisdiction over the activities contemplated by this Agreement. 
C. 
Independent Contractor. The Parties will act as independent contractors and 
neither Party will act as agent for or partner of the other Party for any purpose 
whatsoever, and the employees of one will not be deemed employees of the other.  
Nothing in this Agreement will grant to either Party, the right to make commitments 
of any kind for or on behalf of the other Party without prior written consent of the 
other Party. 
D. 
Limitation of Liability. Neither Party nor its respective officials, officers, directors, 
departments, 
agencies, 
boards, 
committees, 
commissions, 
employees,

APS Crisis Bill Assistance Program 
 
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volunteers, agents, advisors, representatives, parents, affiliates, successors or 
assigns shall be liable to the other Party for any indirect, consequential, special, 
punitive or exemplary damages for any actions resulting from or arising out of this 
Agreement, whether based on contract, tort (including, but not limited to, 
negligence), strict liability, professional liability, contribution, or otherwise, 
provided, however, that this limitation of liability shall not apply to: (a) the reciprocal 
indemnity obligations of the Parties as set forth in section VI.E, Indemnification, 
below, or (b) losses arising from a breach of the respective confidentiality 
obligations of the Parties under Section VI.G, Confidentiality and Advertising. 
 
E. 
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 reasonable attorney fees) 
(hereinafter collectively referred to as "Claims") arising out of the negligent 
performance of this Agreement, but only to the extent that such Claims which result 
in vicarious/derivative liability to the Indemnitee are caused by the act, omission, 
negligence, misconduct, or other fault of the Indemnitor or its directors, 
departments, 
agencies, 
boards, 
committees, 
commissions, 
employees, 
volunteers, agents, advisors, representatives, parents, and affiliates. 
 
F. 
Insurance Coverages.  Without limiting the Contractor’s indemnification 
obligations, the Contractor shall provide and maintain the following insurance 
coverages, using forms and insurers acceptable to APS, and require its contractors 
and subcontractors who perform work with respect to the Program to carry the 
same coverages: 
 
1. 
Workers’ Compensation insurance covering obligations imposed by 
federal, state, and local statutes with jurisdiction over the Contractor’s (and 
any of its contractor’s or subcontractor’s) employees and Employer’s 
Liability insurance with limits of One Million Dollars ($1,000,000) per 
accident for bodily injury by accident, One Million Dollars ($1,000,000) per 
employee for bodily injury by disease and One Million Dollars ($1,000,000) 
and One Million Dollars ($1,000,000) policy limit for bodily injury by 
disease; 
2. 
Commercial General Liability insurance with a combined single limit of One 
Million Dollars ($1,000,000) each occurrence, and Two Million Dollars 
($2,000,000) general and products-completed operations aggregate. The 
policy shall cover bodily injury, property damage, personal injury, 
contractual liability, and products and completed operations; and 
3. 
Business Automobile Liability insurance with limits of One Million Dollars 
($1,000,000) each occurrence with respect to the Contractor’s (and any of 
its contractor’s or subcontractor's) vehicles, whether owned, hired, or non-
owned, assigned to or used in connection with performance of the 
Program. 
4. 
Data Protection/Cyber Liability insurance with limits not less than One 
Million Dollars ($1,000,000) per claim and in the aggregate covering 
liabilities resulting or arising from acts, errors, or omissions in rendering 
Services or in connection with the Agreement. Coverage must include, but 
not be limited to: damages Contractor is obligated to pay Company or any

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third party associated with a Security Incident or associated with loss of PII 
or Confidential Information; costs to notify individuals whose PII was lost or 
compromised; and costs to provide credit monitoring and credit restoration 
services to individuals whose PII was lost or compromised regardless of 
cause (including, without limitation, Contractor’s negligence or gross 
negligence and unlawful third party acts). 
Such policy must provide coverage for wrongful acts, claims, and lawsuits 
anywhere in the world and must be kept in force during the term of the 
Agreement and for three (3) years after completion, cancellation or 
termination of the Agreement. 
 
All required policies held by Contractor, with the exception of the Worker’s 
Compensation, shall name APS as an additional insured.  Such policies shall 
stipulate that the insurance shall be primary insurance and that any insurance 
carried by APS shall not be contributory insurance.  The Contractor and its insurers 
providing the required coverages shall waive all rights of recovery against APS, 
and their directors, officers, employees, and agents.  In the event the Contractor 
purchases insurance policies required by this Section that are not occurrence 
based policies, Contractor shall either (a) maintain claims made policies for at least 
3 years following termination of this Agreement,  or (b) obtain extended discovery 
periods for any claims made policies for at least three (3) years following 
termination of this Agreement.  Further, all policies required by this Section, except 
for Workers’ Compensation, shall contain a severability of interest provision, and 
shall not contain any commutation clause or any other provision that limits third 
party actions over claims.  Upon APS’s request, the Contractor shall provide 
documentary evidence in a form and content reasonably acceptable to APS, 
confirming to its reasonable satisfaction that the required insurance coverages 
have been obtained and will remain in effect as required by this Section. 
G. 
Confidentiality and Advertising. All nonpublic information that one Party may 
provide to another Party or that a Party acquires from any source in connection 
with this Agreement shall be deemed to be confidential information (collectively 
called, Confidential Information). Confidential Information includes, but is not 
limited to: (a) customer specific information, including, without limitation, 
customer’s utility bill information history; (b) any reports, specifications, know-how, 
strategies or technical data, processes, business documents or information, 
market research or other data, customer or client lists, and all other information 
concerning the business and affairs of a Party  that are owned, used, or possessed 
by or for the benefit of a Party; (c) intellectual property of a Party; and (d) customer 
information or materials obtained by a Party from a third party in connection with 
performance of its obligations under this Agreement. Neither Party will not provide 
customer confidential information or PII to the other Party without written customer 
consent.   
The Contractor shall not make copies, reproductions, abstracts or excerpts of the 
Confidential Information in whole or in part, except as authorized by APS or as 
contemplated by this Agreement (including, without limitation, Contractor’s 
production of Reports), nor use such information except as contemplated by this 
Agreement.  All copies, reproductions, excerpts or abstracts of Confidential 
Information are deemed to be Confidential Information to the same extent as any 
originals. Upon the expiration of the Term or the earlier termination of the

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Agreement, the Contractor shall promptly return to APS all Confidential Information 
and all copies thereof or other physical embodiments of the Confidential 
Information. 
The Contractor agrees that any and all of the Confidential Information shall be 
maintained in confidence by the Contractor indefinitely.  Confidential Information 
may not be disclosed by the Contractor to any person other than the Contractor’s 
personnel, employees or agents who require knowledge of the APS Confidential 
Information in order to perform their respective obligations under this Agreement.  
The Contractor further agrees that such Confidential Information shall be used 
solely in connection with the Contractor’s performance of its obligations hereunder, 
and for no other purpose, and that all persons to whom the Contractor discloses 
the Confidential Information shall be advised of its confidential nature and of the 
Contractor’s obligations of confidentiality and non-use under this Agreement.  The 
Contractor shall be responsible for any disclosure or use of Confidential 
Information by persons to whom Contractor provided the Confidential Information 
that is not in accordance with this Agreement. 
The name and logo of APS or any of its affiliates shall not be used in any 
advertising or other promotional context by the Contractor or its contractors or 
subcontractors without the prior written consent of APS (which may be withheld by 
APS in its sole discretion). 
H. 
Dispute Resolution/Attorneys’ Fees. If a dispute arises concerning this Agreement, 
a meeting of the Parties shall be held within ten (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 of the 
Parties initiated in connection with a Dispute Notice. If the dispute is not resolved 
within thirty (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 of dispute resolution, including litigation. A Party's failure to 
comply with this Section shall entitle the other Party to recover its costs and 
reasonable attorney 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 fees and taxable costs and expenses as allowed for and 
defined under Arizona law. 
I. 
Severability. If any term or condition of this Agreement is held to be invalid, void, 
or otherwise unenforceable by any court of competent jurisdiction, that holding 
shall not affect the validity or enforceability of any other term or provision of this 
Agreement, unless enforcing the balance of this Agreement would deprive either 
party of a fundamental benefit of its bargain. 
J. 
Disclaimer of Third Party Beneficiaries. There are no persons or entities other than 
those who are signatory to this Agreement such are intended to be benefited by 
the terms contained herein and except to the extent a person or entity is entitled 
to indemnification pursuant to Section VII.E, all third-party beneficiaries are hereby 
disclaimed.

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K. 
Survival. Termination of this Agreement shall not relieve either Party of any 
obligation under this Agreement which expressly or by implication survives 
termination of this Agreement, including its obligations under the following section 
headings: Insurance Coverages, Indemnification, Limitation of Liability, 
Warranties, Records and Auditing, Confidentiality and Advertising, Governing Law, 
Dispute Resolution/Attorney's Fees. 
L. 
Entire Agreement. This Agreement contains the final and complete agreement 
between the Parties with respect to the subject matter hereof and supersedes all 
prior and contemporaneous conduct, agreements, statements, representations, 
negotiations, course of conduct, course of dealing, and communications pertaining 
to such matters, whether written or oral. 
M. 
Governing Law. This Agreement shall be governed by and interpreted in 
accordance with the laws of the State of Arizona and of the United States without 
giving effect to the doctrine of conflict of laws. This Agreement shall be deemed 
made and entered into in Maricopa County, Arizona. Any suit to enforce this 
Agreement shall be instituted only in the Superior Court of Maricopa County, 
Arizona, or the Federal District Court for the District of Arizona, and such Courts 
shall have the exclusive jurisdiction over any such suit or suits.   
N. 
Notices and Designated Representatives. All notices required to be given by this 
Agreement will be given in person, by certified United States Mail, postage prepaid, 
return receipt requested, by facsimile transmission, by reputable overnight delivery 
service, or by email (confirmed by regular mail). All notices shall be deemed given 
when received.  Notices shall be directed to the Parties as follows: 
 
 
If to APS: 
Arizona Public Service Company 
P.O. Box 53999 
Mail Station 8028 
Phoenix, Arizona 85072-3999 
 
Designated Representative: 
James Holbrook 
Phone: (602) 250-2683 
Cell: (623) 810-4419 
Email: James.Holbrook@aps.com 
 
If to Contractor: 
Maricopa County Human Services Dept. 
234 North Central Avenue 
Phoenix, Arizona 85004 
 
 
Designated Representatives: 
Name, Title: Cathy Chiang, Assistant 
Director, Community Services Division 
Phone: (602) 506-4206 
Email: Cathy.Chiang@Maricopa.gov 
 
 
Notices shall be effective: (a) on the date delivered by personal delivery, facsimile, 
or electronic mail; (b) three (3) business days following the date deposited in the 
United States mail; or (c) the next business day following delivery to a reputable 
overnight delivery service.  Notices and communications shall be delivered or 
mailed to the Parties’ designated representatives named above. 
 
Designated representatives of either Party may be changed at any time by 
providing the other Party prior written notice of such change. 
O. 
Assignment. Neither Party will assign, transfer or otherwise dispose of its rights or 
obligations under this Agreement or any interest therein, without the other Party's

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prior written consent, which will not be unreasonably withheld, conditioned, or 
delayed. 
P. 
Amendments and Modifications. This Agreement can be modified or amended only 
by a writing signed by both Parties or their duly authorized agents.  No course of 
dealing or oral changes between the Parties will be effective or legally binding as 
an amendment to this Agreement. 
Q. 
Records and Auditing. Contractor shall maintain accurate and complete records 
relating to its performance of this Agreement, including, without limitation, 
accounting records that support its reports to APS under this Agreement and 
administration and disbursement of Program Funds. These records, with the 
exception of attorney-client and work-product communications and information, 
shall be retained by Contractor and be reasonably available for inspection and 
audit by APS for four (4) years after completion or termination of this Agreement. 
R. 
Waiver. A Party’s failure or delay in enforcing the terms and conditions of this 
Agreement or in insisting upon strict performance of any of the other Party’s 
obligations shall not be interpreted as a waiver thereof.  Waiver of any provision of 
this Agreement by either Party shall only be effective if in writing and shall not be 
interpreted as a waiver of any subsequent breach or failure under the same or any 
other provision of this Agreement. No conduct, statement, course of conduct 
course of dealing, oral expression, or other action shall be construed as a waiver.

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IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the Effective 
Date. 
 
 
MARICOPA COUNTY: 
 
 
 
 
 
 
 
 
 
Bill Gates                                               Date 
Chairman, Board of Supervisors 
 
ARIZONA PUBLIC SERVICE COMPANY: 
 
 
 
 
 
 
 
 
 
(signature) 
 
 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
Juanita Garza                                       Date 
Clerk of the Board 
 
 
 
 
 
 
 
 
 
 
 
 
 
(signature) 
 
 
 
 
Approved as to Form: 
 
 
 
 
 
 
 
 
 
Deputy County Attorney                     Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
(signature)

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Attachment A – Customer Utility Information Release Authorization 
 
 
 
UTILITY INFORMATION RELEASE AUTHORIZATION 
 
 
By signing this form, I authorize Arizona Public Service Company (“APS”) to release my historical 
and future utility bills, account information (such as, but not limited to, name, social security 
number, service address, account number, balance, payment history, rate) and other information 
concerning or related to energy consumption, costs and account information necessary to enable 
my household to qualify for this and additional utility, food or shelter assistance programs to any 
and all of the agencies/persons list on this form (“Authorized Parties”). This release is granted in 
connection with my household’s request for and/or receipt of assistance from the community 
agency listed below. 
 
I understand and agree that the utility information released may be compiled and analyzed (both 
on an individual and combined basis) by one or more of the Authorized Parties. I further 
understand and agree that the utility information released, as well as any statistical or other 
analysis, may be released by the Authorized Parties to a third party for reporting purposes related 
to assistance received, and no information shall be made public in such a manner that my dwelling 
or household occupants can be identified. 
 
I further agree to release and hold harmless the above-named utility provider(s) from: (i) any 
claims, damages, liability or expenses resulting from the use or disclosure of information based 
on this Authorization; (ii) the unauthorized use or disclosure of the information by any of the 
Authorized Parties; and (iii) any actions taken by any of the Authorized Parties based on this 
Authorization. 
 
Authorized Parties: 
 
Community Agency: 
 
Name of agency determining assistance: Maricopa County administered by its Human Services 
Department 
 
Signature of Account Holder/Customer of Record ________________________ 
 
Print Account Holder/Customer of Record ______________________________ 
 
Service Address __________________________________________________ 
 
Account Number __________________________________________________ 
 
Date ___________________________________________________________