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AMENDMENT NO. 017
TO
Agreement for Energy Wise Low Income Weatherization Program Implementation
between Maricopa County and Arizona Public Service Company
C-22-14-046-3-10
THIS AMENDMENT NO. 017 is entered into effective as of the 1st day of January, 2022, 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 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, 2022. 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
$1,000,000.00. 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 2022 DSM Implementation Plan Energy Wise Low Income Weatherization
Program budget as stated in APS’ filing, then the allocation amount for the 2022 calendar
year shall be adjusted based on the ACC’s ruling.
4.
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withdrawn or significantly changed, then the Company may immediately terminate this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 Rachel Milne, Maricopa county Human services
department..
5.
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 1st of the 2022 program year and based on the percent of the Allocation spent,
authorize the subsequent year Allocation forecast on this basis by November 15, 2022.
However, if the 2022 year spend is equal to or more than 80% of the Allocation by
November 1st, then the subsequent year Allocation shall be based on 100% of the
Allocation as specified in the APS 2022 DSM Implementation Plan, subject to approval by
APS or the “ACC”.
6.
Scope of Services. Add Section 2.I.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.
7.
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.
8.
Final Invoice. A final invoice for the Term shall be submitted to the third party coordinator
and APS by December 15, 2022. 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 4, 2022. Reimbursement for late invoices
for work performed in 2022 will be considered on a case by case basis.
9.
Remaining Terms Unchanged. Except as modified in this Amendment No. 017, 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. 017, effective as of the date first above written:
MARICOPA COUNTY
ARIZONA PUBLIC SERVICE COMPANY
_____________________________________
_____________________________________
Chairman Board of Supervisors
James Breckenridge, Corporate
Procurement Leader, APS
_____________________________________
_____________________________________
Date
Date
___________________
Attested To:
_____________________________________
Juanita Garza, Clerk of the Board of Supervisors
_____________________________________
Date
Approved as to Form:
_____________________________________
Deputy County Attorney
_____________________________________
Date
January 4, 2022
C-22-14-046-3-10
Breckenridge,
James A(Z07142)
Digitally signed by
Breckenridge, James A(Z07142)
Date: 2022.01.04 15:31:43 -07'00'