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A-2013-045 <br />0 cc Py <br />FIRST AMENDMENT <br />THIS FIRST AMENDMENT ("FIRST AMENDMENT") TO THE AGREEMENT TO JOINTLY <br />DELIVER THE 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM dated December 7, 2009 <br />(the "Agreement") is effective as of January 1, 2013 (the "First Amendment Effective Date") by and <br />among SOUTHERN CALIFORNIA EDISON COMPANY ("SCE") AND THE CITY OF SANTA ANA <br />("SANTA ANA"). Terms not otherwise defined herein shall have the meaning ascribed to them in the <br />Agreement. SCE may be referred to herein as the "Utility." SCE and Santa Ana may be referred to herein <br />individually as a "Party" or collectively as the "Parties." <br />RECITALS <br />WHEREAS, the Parties previously executed the Agreement to Jointly Deliver the 2010-2012 <br />ENERGY LEADER PARTNERSHIP PROGRAM effective January 1, 2010 ( hereinafter referred to as <br />the "2010-2012 Program"); <br />WHEREAS, on May 18, 2012, the Commission issued a Decision Providing Guidance on 2013- <br />2014 Energy Efficiency Portfolios and 2012 Marketing, Education, and Outreach ("Final Guidance <br />Decision") guiding the Utility to continue the ENERGY LEADER PARTNERSHIP PROGRAM, which <br />included the City of Santa Ana Energy Leader Partnership Program, through a two year 2013-2014 <br />transition period (hereinafter referred to as the "2013-2014 Program"); <br />WHEREAS, on July 2, 2012, the Utility submitted its application ("2013-2014 Application") for <br />the implementation of energy efficiency programs to be delivered to California utility customers for the <br />years 2013 through 2014, which included the 2013-2014 Program, a continuation of the 2010-2012 <br />Program; <br />WHEREAS, on November 15, 2012, the Commission issued a Final Decision approving the <br />2013-2014 Application as submitted ("Final Decision"), thereby approving continuation of the Energy <br />Efficiency Partnership Programs, which includes the 2013-2014 Program, and the Parties desire to extend <br />the Agreement through 2014 under the terms and conditions set forth in the Agreement, except as <br />otherwise provided in this First Amendment; and <br />WHEREAS, the Parties desire to further amend the Agreement as necessary to provide an <br />authorized budget for the 2013-2014 Program and to update the Agreement as required to reflect the <br />extended 2013-2014 Program cycle. <br />NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties agree as follows: <br />1. Except as provided herein, and to the extent applicable, any reference in the Agreement to the "2010- <br />2012 Program" shall hereby include both the 2010-2012 Program and the 2013-2014 Program. <br />2. Section 1.13 of the Agreement is hereby deleted in its entirety and replaced with the following: <br />1.13 PIP or Program Implementation Plan: The most recent Commission decision approved and <br />publicly available plans for implementing the Program in each Utility's service territory <br />3. Section 3.2 of the Agreement is hereby deleted in its entirety and replaced with the following: