APS WEATHERIZATION AMEND 15 .PDF

Maricopa County — Formal (2020-01-29)

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AMENDMENT NO. 015 
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. 015 is entered into effective as of the 1st day of January, 2020, 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, 2020. 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 
$650,000.00. 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 2020 DSM Implementation Plan Energy Wise Low Income Weatherization 
Program budget as stated in APS’ filing, then the allocation amount for the 2020 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withdrawn or significantly changed, then the Company may immediately terminate this 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 2020 program year and based on the percent of the Allocation spent, 
authorize the subsequent year Allocation forecast on this basis by November 15, 2020. 
However, if the 2020 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 2021 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, 2020. 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, 2021. Reimbursement for late invoices 
for work performed in 2020 will be considered on a case by case basis. 
9. 
Remaining Terms Unchanged.  Except as modified in this Amendment No. 015, 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. 015, effective as of the date first above written: 
 
MARICOPA COUNTY  
ARIZONA PUBLIC SERVICE COMPANY  
 
 
_____________________________________ 
 
_____________________________________ 
Chairman Board of Supervisors 
Nava Malika Paluri, Buyer Leader, APS 
 
_____________________________________ 
 
_____________________________________ 
Date 
Date 
 
 
 
 
 
 
___________________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Attested To: 
 
_____________________________________ 
Fran McCarroll, Clerk of the Board of Supervisors 
 
_____________________________________ 
 
 
       Date 
 
Approved as to Form: 
 
_____________________________________ 
Deputy County Attorney 
 
_____________________________________ 
 
 
       Date