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HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON 42 - 2007 A-2007 -249 INSUR~NCE NOT REQUIRED WORK MfW PRoem CLERK OF COUNCIL OATE~ \ 1- 15 -07 AGREEMENT TO JOINTLY DELIVER THE 2006-2008 ENERGY INITIATIVE PARTNERSHIP PROGRAM BETWEEN THE CITY OF SANTA ANA, CALIFORNIA and SOUTHERN CALIFORNIA EDISON COMPANY Dated: November 1, 2007 This program is funded by California utility customers under the auspices of the California Public Utilities Commission. THIS AGREEMENT TO JOINTLY DELIVER THE 2006-2008 ENERGY INITIATIVE PROGRAM (the "Agreement") is effective as of November 1, 2007 ("Effective Date") by and between SOUTHERN CALIFORNIA EDISION COMPANY ("SCE" or the "Utility") and THE CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City" or "Santa Ana"). SCE and City maybe referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on September 22, 2005 the California Public Utilities Commission (the "Commission") in D.OS-09-043 authorized certain energy efficiency programs to be delivered to California utility customers for the years 2006 through 2008 and the continuation of programs where local governmental entities partnered with utilities to deliver energy efficiency information and education to utility customers; WHEREAS, SCE submitted Application OS-06-015 for the implementation of energy efficiency programs which included Energy Efficiency Partnership Programs (the "Program"), involving the joint delivery of energy efficiency information, training and materials to government entities, member agencies, businesses and residents located in SCE's service territory; and WHEREAS, the Parties desire to enter into an agreement that sets forth the terms and conditions under which the 06-08 Program shall be implemented; WHEREAS, the Program can be instrumental in identifying retrofit opportunities in Santa Ana public buildings and distributing comprehensive energy information to the community, as well as support the City's efforts to develop strategies to implement the Governor's Executive Order 5-20-04 (The Green Building Action Plan) and comply with AB32. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS 1.1. Agreement: This document and all exhibits attached hereto and incorporated herein, and as amended from time to time. 1.2. ALJ: The Administrative Law Judge assigned to the Commission's Energy Efficiency Rulemaking (R.06-04-010) or its successor proceeding. 1.3. Amendment: A future document executed by the authorized representatives of all Parties which changes or modifies the terms of this Agreement. 1.4. Authorized Budget: The approved total for performance of the Authorized Work is $200,000, subject to adjustment by SCE as appropriate. 1.5. Authorized Work: The work authorized by the Commission for the Program, set forth in the Local Government Energy Action Resources ("LGEAR") attached hereto and incorporated herein as Attachment A. 1.6. Business Day: The period from one midnight to the following midnight, excluding Saturdays, Sundays, and holidays. 1.7. Calendar Day: The period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are Calendar Days. 1.8. Contractor: An entity contracting directly or indirectly with a Party to furnish services or materials as part of or directly related to such Party's Authorized Work obligations. 1.9. Eligible Customers or Customers: Customers eligible for Program services are SCE customers. 1.10. Energy Efficiency Measure (or Measure): As used in the Commission's Energy Efficiency Policy Manual, Version 3, August 2005. 1.11. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other indirect costs), reasonable expenditures that are directly identifiable to and required for the Authorized Work, up to the amounts budgeted in the Program Implementation Plans' budget worksheets for such Authorized Work. 1.12. Public Goods Charge (PGC): The funds collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. 1.13. Subcontractor: An entity contracting directly or indirectly with a Party to furnish services or materials as part of or direct]y related to such Party's Authorized Work obligations, provided however, that any potential subcontractors shall be approved by SCE prior to performing any service or providing any materials. SCE may in its sole discretion deny approval of any subcontractor for any reason. 2. PURPOSE The Program is funded by California utility ratepayers, and is administered by SCE under the auspices of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the Program. The work authorized pursuant to this Agreement is not to be performed for profit. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 3 3. PROGRAM DESCRIPTION The SCE/City of Santa Ana partnership will optimize the opportunities for Santa Ana to work toward the common goal of achieving short and long-term energy savings, reduced utility bills, and an enhanced level of comfort in municipal and commercial buildings as well as homes in Santa Ana communities. The Program will assist and facilitate the City, its residents and businesses in understanding, managing, and reducing their energy use and costs, and position Santa Ana as a leader in energy management practices. An anticipated Program outcome is the funneling of approximately 1 million kWh and 100kW by facilitating energy efficiency retrofits in municipal, residential and small buildings. Overall, the goal is to develop an energy action plan for Santa Ana that addresses the energy specific community needs over the next five (5) years. The partnership will help promote an energy efficiency "ethic" that will result in a sustained commitment to energy efficiency and an integration of energy efficiency considerations in the City of Santa Ana's decision processes. This will be facilitated by the delivery of energy information to the communities, training and education for local government facility managers, energy managers and other staff in the use of `best practices' methodology for identifying and implementing energy efficiency opportunities in their facilities. The promotion of an energy efficiency "ethic" will also be prevalent by increasing awareness and participation in energy efficiency, demand response and self-generation programs. Energy code training will feature strongly in the partnership. The City is committed to improving energy efficiency in Santa Ana by delivering energy efficiency information to the community and identifying and facilitating the implementation of specific energy efficiency projects. SCE is committed to working in partnership with Santa Ana on these activities to achieve energy savings goals, including assisting with integrating energy efficiency considerations in decision processes relating to building energy use. This Program supports the policy set forth in Decision (D.) OS-O1-055, which notes that "current or future partnerships between IOUs and local governments can take advantage of the unique strengths that both parties bring to the table to deliver cost-effective energy efficiency services." Local government economic redevelopment and similarly designated areas are specifically designed to increase community prosperity and represent a vital source of energy savings across a diverse residential and business market sector that has had lower participation in energy efficiency programs. These customers represent significant energy savings and demand reduction potential, as well as potential lost opportunities if not given targeted consideration. The overall Program strategy is to partner with the City to provide energy information and to identify and implement sustainable energy efficiency activities. The City and SCE will leverage the strengths of each of the partners to cost effectively deliver energy and demand savings. Key to the success of the partnership is marketing and outreach to the community. By jointly co- branding messages .and using the City of Santa Ana's existing communication channels, the partnership will be able to achieve the broadest reach and response within the community. SCE will provide a comprehensive list of energy efficiency activities from outreach to 4 implementation, and the City and SCE will jointly select programs and activities, and develop a course of action for delivering them. Commissioning and other energy savings activities will be coordinated with the SCE teams providing those specific services through the SCE representative. 3.1. Progrram StrateQV: Considerable progress towards the energy savings goals will come from partnering with local communities to help bring the message about energy efficiency, conservation and savings to our customers. The Program will adopt some of the following strategies: 3.1.1. Green Buildine Initiative Executive Order Comuliance: Leadership in Energy and Environmental Design (LEED) certification and implementing the Governor's Executive Order 5-20-04, The Green Building Action Plan. 3.1.2. Ener~y Audits and Technical Assistance: The Santa Ana partnership will facilitate access to services provided by the SCE to support local government investments in energy efficiency retrofits, renovation, new construction and retro commissioning of municipal buildings. Technical assistance will be provided by the relevant energy efficiency programs, for example, Savings by Design, where applicable. SCE will provide planning and project management support to help with coordination and implementation of energy efficiency projects. 3.1.3. Energy Efficiency Training: Energy code training and other energy efficiency training targeted to meet Santa Ana's needs. Training may be targeted to building professionals, energy managers and local government facility managers. This training will be developed and delivered by existing energy programs and will help Santa Ana communities transition to the new energy codes. 3.1.4. Energy Efficiency Outreach and Community Activities: SCE will provide the partnership with information on energy efficiency programs and sernces, demand response, self-generation, low income, CEC, DOE and other energy assistance programs, such as gas and water efficiency resources to be distributed to government, businesses and residents. The city will leverage existing communication channels and outreach infrastructure to promote energy efficiency programs. The partnership will develop and distribute brochures, conduct community events, and identify other appropriate venues and methods to reach potential customers. 3.1.5. Enerey Efficiency Rebates/Incentives: Revitalize communities and create awareness of energy efficiency and increased participation in energy efficiency rebate and incentive programs. They will utilize their existing infrastructure, for example water bills, and outreach activities to funnel energy efficiency programs which may include the following: (a) Multi-family Rebates: Sweeps of city/county housing and multi- family dwellings to include Compact Fluorescent Lamps (CFL) change-outs and torchiere turn- ins. (b) Apyliance Recycling: Neighborhood Sweeps in which neighborhoods are mobilized to tum in refrigerators, freezers or air conditioners or make reservations for pick-up of qualified appliances by a SCE vendor. (c) Residential Ener~y Efficiency Incentives: Promote available incentives at community events, for example county fairs. (d) California New Homes: Outreach to builders through their building departments and training events. (e) Small Business Direct Install: Identify areas of need and conduct neighborhood sweeps to install lighting, HVAC and other measures, where it is found to be 5 needed. If the Nonresidential Direct Install Program has already been deployed then remaining businesses could be served by the Express Efficiency Program. (f) Residential In-Home Surveys: Coordinate with local agencies to distribute welcome package to new home owners and conduct In-home energy surveys. (g) Mobile Educational Unit: Utilize the Mobile Education Unit for residential community events and distribute energy information and CFLs to each visitor. 3.2. Program Objectives: The primary Program objective is to achieve short and long term energy savings and demand reduction in Santa Ana by partnering with SCE to identify energy efficiency opportunities and facilitate the adoption of energy efficiency measures in Santa Ana communities. Specific objectives of the City of Santa Ana include: 3.2.1. Becoming an Active Energy Efficiencv Partner: Santa Ana's most immediate partnership goal is to provide proactive leadership in energy efficiency in the City. The City wants to work in collaboration with SCE to provide energy efficiency benefits to residents, local businesses, the utilities, and the State. 3.2.2. Targeting Activities in Existing Empowerment Zone: The City of Santa Ana proposes to begin by addressing both utility needs for cost-effective energy efficiency savings and the City's goals of serving its defined Empowerment Zone. The City has a non- profit corporation that addresses this 4 sq. mile azea that houses as many as 60,000 residents, many of them low-income. The Empowerment Zone is marked by low income multi-family housing seemingly suitable for energy efficiency upgrades. The Board of Directors of the Empowerment Zone has already shown interest in an efficiency partnership. The Santa Ana Energy Efficiency partnership will help sign up eligible Santa Ana residents to CARE rates. 3.2.3. Creating a Local Presence for Energy Efficiencv: The City of Santa Ana seeks to immediately create a "face" for energy efficiency by establishing a local presence and outreach campaign. SCE will work with its consultants and vendors to establish specific strategies and tactics to address this need. 3.2.4. Achieving the City's Long-Term Goals: In the long-term the City seeks to integrate energy efficiency considerations in future building decision making, maximize energy efficiency, develop solar capacity and other forms of distributed generation, become active in the California Climate Action Registry, and support the Governor's environmental initiatives. Overall, the City of Santa Ana aims to become a responsible energy consuming city. 3.3. Program Implementation. All partners will participate equally in Program development and the establishment of goals, deliverables and milestones for the Program and share commitment to achievement of Program goals. Projected Activities: The projected activities for the 2007 - 2008 partnership activities are based on a) leveraging Southern California Edison programs, and b) innovative and customized Local Marketing and Outreach Strategies, and c) Special Santa Ana Initiatives. 3.3.1. Leveraging Southern California Edison Proerams. First and foremost, the City of Santa Ana seeks to increase participation in Southern California Edison's existing programs. This proposal presents an initial focus - a strategic roster of programs that will support the partnership objectives -but remains open to working on supporting the uptake of all utility programs and services, as well as third party energy efficiency initiatives. The 2007 - 6 2008 Santa Ana Energy Efficiency partnership will provide local implementation strategies for four key Edison programs. There are four primary Southern California Edison programs that the City of Santa Ana herein proposes to tap, and which address key market segments: (1) the multifamily housing stock; (2) the small and medium-sized business community; (3) all residential consumers in the City; and (4) school children who can become effective partnership and message "ambassadors." By initiating activities designed to focus on these four market segments -and leading by example through street-lighting upgrades addressed through the SPC program -the partnership can get off to awell-orchestrated and strategic start. (a) Multifamily Home Enerev Visits. Santa Ana has many apartments and the distinction of having the most occupants per dwelling unit of any city in the State. Given these statistics, there is little question that SCE's Multifamily Home Energy Visits program can become a key partnership initiative. By strategically deploying the merits of each appropriate partner -SCE's efficiency expertise, the City's local credibility and knowledge of its property owners, and the nimble and trustworthy nature of a third party implementer which will hire locally for maximum reach into the community -- the partnership will have an unusually strong capability to "get in the door" and tap savings from this hard-to-reach market segment. (b) Small and Medium-Sized Business Community. Businesses not served by the Nonresidential Direct Install Program will be identified for retrofits by the Express Efficiency program. Each performance measure may include an energy and demand reduction savings goal. The identified programs are able to serve all eligible customers. (c) Residential Consumers in the City' Bulb & LiQhtin~ Exchanges. The City of Santa Ana views lighting exchanges for its residential base as a highly valued activity, and one that raises the flag of energy efficiency through high visibility events in the community. By endorsing and promoting these exchanges, the City will work with SCE to encourage residents to take first steps with energy efficiency through highly cost effective lighting exchanges. Through carefully tailored local marketing and outreach, these events will also build project momentum and cause participants to begin a process of leveraging greater and greater savings through more sophisticated measures. (d) School Children• Compact Fluorescent Lamp Fundraisers. School children play an enormous role in their families and communities. For this reason, the City of Santa Ana is specifically excited about using kids as messengers of efficiency. The City is particularly interested in having school children take the efficiency message deep into the community. The potential for the efficiency message to be a powerful instrument of change - potentially causing career direction and job creation - is huge. The City will be key in this endeavor, providing "front-end" and "back-end" support, bringing City leaders and local celebrities to targeted schools to kick-off these activities and rewarding exemplary behavior through commendation at City Council meetings. 3.3.2. Additional Pro re ams• By having a local presence managed by professionals and local stakeholders trained on the breadth of Southern California Edison's efficiency programs and services, a number of additional programs will be marketed through the Program. These include: 7 • The Air Conditioner Cycling Program • The Air Conditioner Replacement Program • Appliance Recycling Mobile Home Duct Testing and Sealing Program Home Energy Efficiency Survey The LivingWise Educational Program Pre-School Energy Efficiency program The Coin-Op Laundry Program • Targeted Seminars and Training Training and Workshops At the beginning of the Program period, Santa Ana will develop a training plan, including a quarterly schedule. The partnership representative will help to identify relevant CTAC/AgTAC classes or trainers. All training and workshop events will specifically promote relevant SCE energy savings programs. Municipal Retrofits Organizations identifying building retrofit opportunities will enter .into agreements with the relevant SCE programs to secure incentives for the projects. Audits will be performed by SCE Business Customer Division or appropriate SCE vendor. SCE partnership representative will assist the City with Program implementation. Savings will be tracked and credited to the Santa Ana partnership. Community Events SCE partnership representatives will work with appropriate city officials to plan and implement community outreach events. Events could include CFL change-outs or other measures for public housing units, refrigerator and freezer recycling sweeps, small business hard-to-reach retro-fit sweeps, mobile home direct installations and re-lamping programs as well as the home energy surveys. The IOU Partnership Representative will identify SCE appropriate resources such as marketing materials, the mobile educational units, EE program support, trainers, etc. Santa Ana will implement community events. Some community. events will be specifically designed to `funnel' energy programs such as the Small Business Direct Install, Refrigerator Recycling, Multi-family and Mobile Home Programs. Santa Ana will use their communication channels, where possible, to conduct outreach to business and residential customers, community-based organizations, building officials and energy efficiency contractors. 3.4. Customer Description. The partnership will target the City of Santa Ana. All SCE customer segments, residential and non-residential, that can be positively influenced by the partnership to harvest greater energy efficiency than would otherwise be possible through traditional marketing and outreach efforts, will benefit from the Program. Low income customers, multi-family residences, small businesses and customers with primary languages other than English could be better served by partnership activities. S 3.5. Customer Interface. SCE partnership personnel will interface directly with appropriate city staff and other members of the partnership team. The partnership will interface directly with customers through outreach and co-branding activities. Customers benefiting from the partnership through `funneling' efforts will be subject to the customer interface feature of the respective program. 3.6. EnerQV Measures and Program Activities. This is an information only Program. Activities include workshops, community sweeps and community outreach events. 3.6.1. Measures Information. Measures will be funneled through the existing programs. The partnership will identify municipal retrofits and other projects that will be funneled through existing energy savings programs including Standard Performance Contracts and Express Efficiency. 3.6.2. Ener Savin s and Demand Reduction Level Data. Not applicable. Efforts will be made to track funneling activities to help determine the impact of the Program. 3.6.3. Non-Enerey Activities. Presentations, attendance at conferences, meetings, community fairs, outreach events, marketing materials such as brochures and information packets, on-site visits and Title 24 and other energy training classes are all non- energy related activities associated with the partnership. In addition, the partnership will conduct/facilitate energy audits. 3.6.4. Subcontractor Activities. Implementation support will be secured by SCE from the competitively selected toolbox of consultants and contractors. The partnership will coordinate with various organizations and competitively select subcontractors to help deliver various Program activities/elements. Subcontractor activities shall be consistent with the terms of this Agreement and with SCE's existing terms and conditions. 3.6.5. Quality Assurance and Evaluation Activities. SCE partnership representatives will verify that work invoiced by subcontractors has actually been performed through appropriate documentation of all activities for which the vendor requests payment as well as regular on-site visits to ensure that training events and outreach activities are executed as planned. Back-up documentation will include marketing and outreach materials, attendance register, evaluation forms and expense reports as appropriate. 3.6.5(a). Expected Number/Percent of Inspections. Local Government Partnerships will utilize existing energy efficiency programs, and the existing program's inspection criteria will apply as appropriate. 3.6.6. Marketing Activities. The partnership will develop a comprehensive marketing and media plan that is flexible and responsive to community needs. Marketing is addressed through direct mail, E-Newsletter, program literature, fact sheets, face-to-face meetings, customer education and outreach events, welcome packages for new home owners, web links and selected media advertising. Partners will be encouraged to participate. in community events, including `neighborhood sweeps' to create excitement and generate interest in energy efficiency and participation in IOU programs and services. 9 Marketing and Outreach Materials: The City may use its communications channels which include, water and waste removal bills, and tax notices to outreach to customers. SCE will provide Program materials to Santa Ana including information on statewide campaigns. The partnership will engage in community events designed to increase participating in other local and statewide energy efficiency programs. The Government Energy Action Resources program could provide templates and other marketing materials to facilitate marketing and promotion of community `sweeps' and other outreach events. 4. AUTHORIZED WORK The work authorized by the Commission for the Program ("Authorized Work") is set forth in the Local Government Energy Action Resources ("LGEAR") for the service territory of SCE, attached hereto as Attachment A, and shall be performed by the Parties pursuant to the terms of this Agreement. 5. OBLIGATIONS OF THE PARTIES SCE will work with the City or its representatives to accomplish the Frogram goals which will be mutually developed by SCE and the City. 5.1. City of Santa Ana 5.1.1. The City shall provide SCE written notice if and when City designates a representative (the "Energy Champion") to act on its behalf. The City shall provide 30-day written notice of any addition, deletion or change to the City's representative. S.1.2. The City and its representative shall perform its Authorized Work in conformance with the schedules and the budgets associated with such Authorized Work. 5.1.3. The City and its representative shall obtain the approval of the respective Utility when developing Program marketing materials. In addition, all advertising, marketing or otherwise printed or reproduced material used to implement the Program must .contain SCE's logo and the following language: "This [program] is funded by California utility customers and administered by SCE, under the auspices of the California Public Utilities Commission." 5.1.4. The City and its representative will communicate regularly with SCE's Program Representative. 5.2. SCE 5.2.1. 5CE will use its best efforts to add value to .the Program, by, without limitation, dedicating the staff resources necessary to successfully implement the Program and to provide and maintain an SCE presence in The City of Santa Ana providing support for the Program's marketing and outreach activities, and working to enhance communications with the residents to address consumer needs and provide utility services. 10 5.2.2. SCE shall provide, at no cost to the Program, informational and educational materials on SCE's statewide and local energy efficiency programs to the City which will assist the City to implement the Program. 5.2.3. SCE shall be responsible for al] communications, reporting and all other mandated or requested information, filings or other material requested, required or otherwise ordered by the Commission. 5.2.4. SCE will identify a Program Representative, who will be the single point of contact between the City and the SCE Program Managers. 5.3. The Parties 5.3.1 The Parties or their designated representative shall complete the Authorized Work within the Approved budget 5.3.2 The Parties or their designated representative shall engage in routine weekly communication during the Term of this Agreement to review the status of the Program's deliverables, marketing approaches, schedules and the budgets, and to collaboratively plan for upcoming Program activities. 6. ADMINISTRATION OF PROGRAM: The LGEAR program was filed as a separate Program Implementation Plan (PIP); the individual communities comprising the LGEAR program are not separately filed programs. There are no specific predetermined measures for this partnership. 6.1. The SCE Program Representative will define what will be done and how (s)he will interface with the City or its designated representative. 7. DOUBLE DIPPING PROHIBITED. In performing its respective Authorized Work obligations, a Party shall implement the following mechanism and shall take other practicable steps to minimize double-dipping: 7.1. Prior to providing incentives or services to an Eligible Customer, a Party sha11 obtain a signed form from such Customer stating the following: 7.1.1. - Customer has not received incentives or services for the same measure from any other SCE program or from another utility, state, or local program; and 7.1.2. Customer agrees not to apply for or receive incentives or services for the same measure from another utility, state, or ]ocal program. 7.2. Each Party shall keep its Customer-signed forms for at least 5 years after the expiration or termination of this Agreement. 7.3. No Parry shall knowingly provide an incentive to a Customer, or make payment to a Contractor or Subcontractor who is receiving compensation for the same product or service either through another ratepayer-funded program, or through any other funding source. tt 7.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or services for the same measures provided under this Program from another program or other funding source ("double-dipping")• 8. REPORTING 8.1. SCE will require the City or its representative to submit reports monthly to reflect program activity (both completed and planned), and costs/expense incurred and projected. 8.2. Reporting Schedule: 8.2.1. The City or its representative shall submit monthly reports showing data for the month, year-to-date and a 3-month forward looking estimate. 8.2.2. All reports shall be submitted in accordance with the requirements of the latest version of the Commission's Reporting Requirements Manual (Attachment B hereto) and any other reporting protocol established by Commission staff. The Parties shall use their best efforts to provide any additional information as requested by Commission staff. 9. PAYMENTS 9.1. Authorized Budget. The approved total budget ("Authorized Budget") for performance of the Authorized Work is $200,000 for the entire period of this Agreement through 2008 not including SCE costs and rebates and incentives. 9.2. Payment Terms And Invoicing Practices: 9.2.1. The City or its representative shall submit approved invoices to the SCE Program Representative. 9.3. Program Expenditures. The Parties with prior SCE approval shall be entitled to spend PGC Program Funds on actual (i.e., no mark-up for profit, administrative or other indirect costs), reasonable expenditures that are directly identifiable to and required for the Authorized Work ("Program Expenditures"), up to the amounts budgeted in the budget worksheets for such Authorized Work. 9.4. To be entitled to PGC funds for Program Expenditures, the City or its representative shall: 9.4.1. Obtain SCE approval for all expenditures before they are incurred 9.4.2. Report its Program Expenditures as specified in this Agreement, pursuant to Section 8 hereof; and 9.4.3. Submit an invoice when approved expenditures occur along with the required report to SCE for reimbursement of reported Program Expenditures, in a format acceptable to SCE, attaching all documentation reasonably necessary to substantiate the invoice, including, without limitation, the following: a, Subcontractor Costs: Copies of all subcontractor invoices. If only a portion of the subcontractor costs applies to the 12 Program, clearly indicate the line items and/or percentage of the invoice amount that should be applied to the Program. b. Marketing: A copy of each distinct marketing material produced, with quantity of a given marketing material produced and the method of distribution. c. Other Expenses: Supporting data and documentation for all expenses 9.4.4. Upon submission of all required and/or requested documentation substantiating the City's invoice to SCE, SCE will review all reported Program Expenditures. SCE reserves the right to: a. Reject any invoiced amounts, in whole or in part, in excess of the amounts budgeted in the budget worksheets for such Authorized Work. b. Reject any amounts for which there is a reasonable basis for concluding they are unreasonable or not directly identifiable to or required for the Authorized Work. c. Reject any invoice, in whole or in part, which in SCE's sole discretion contains charges for any item not authorized under this Agreement or by the Commission, or is deemed untimely, unsubstantiated or lacking proper documentation. d. Make payment directly to City's representative when SCE is provided notice from City directing payment be made to City's representative. 9.4.5. SCE shall review and either approve or reject for payment reported Program Expenditures within 30 days of receiving of the required report and corresponding invoice. 10. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES. This Program will be for the period 2006-2008, subject to the conditions set forth in Section 23 hereof. The Program activities must be in process by December 2008, and be completed by March 2009. No new projects can begin after December 2008. Unless this Agreement is terminated pursuant to Section 23 below, the Parties shall complete all Program administrative activities (as defined by PIPS' workbooks and reporting requirements) by no later than June 30, 2009, including submission of the Final Report(s), unless otherwise agreed to by the Parties or so ordered by the Commission. 11. FINAL INVOICES All Parties must submit final invoices no later than Mazch 31, 2009. 12. INDEMNITY 12.1. City shall indemnify, defend and hold harmless 5CE and their respective successors, assigns, affiliates, subsidiaries, pazent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) arising from City's 13 negligence or willful misconduct in City's performance of its obligations hereunder or based on City's breach of this Agreement. 12.2. SCE shall indemnify, defend and hold harmless City, and their respective successors, assigns, affiliates, subsidiaries, parent companies, officers, directors, agents, and employees, from and against any and all expenses, claims, losses, damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) arising from SCE's negligence or willful misconduct in SCE's performance of its obligations hereunder or based on SCE's breach of this Agreement. 12.3.. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT. 13. OWNERSHIP OF DEVELOPMENTS The Parties acknowledge and agree that SCE, on behalf of its customers, shall own all data, reports, information, manuals, computer programs, works of authorship, designs or improvements of equipment, tools or processes (collectively "Developments") or other written, recorded, photographic or visual materials, or other deliverables produced in the performance of this Agreement; provided, however, that Developments do not include equipment or infrastructure purchased for research, development, education or demonstration related to energy efficiency. Although City shall retain no ownership, interest or title in the Developments, they will have a permanent, royalty free, non-exclusive license to use such Developments: 14. DISPUTE RESOLUTION 14.1. Dispute Resolution: Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 14. 14.2. Negotiation and Mediation: The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written 14 agreement for the mediation services with each Party paying a pro rate share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall bear its own legal fees and expenses. 14.3. Confidentiality: All negotiations and any mediation conducted pursuant to Section 14 hereof shall be confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 14.4. Injunctive Relief: Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irrepazable damage or to preserve the status qua 14.5. Continuing Obligation: Each Party shall continue to perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 14.6. Failure of Mediation: If, after good faith efforts to mediate a dispute under the terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue as provided in Section 33. 15. REPRESENTATIONS AND WARRANTIES Each Party represents and warrants, individually and not jointly, that: 15.1. The Authorized Work performed by such Party and its subcontractors shall comply with the applicable requirements of all statutes, acts, ordinances, regulations, codes, and standards of federal, state, local and foreign governments, and all agencies thereof. 15.2. The Authorized Work performed by such Party and its subcontractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 15.3. Each Party shall conform to the applicable employment practices requirements of (Presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable regulations promulgated thereunder. 15.4. Each Party shall contractually require each subcontractor it hires to perform the Authorized Work to indemnify each other Party to the same extent such Party has indemnified each other Party under the terms and conditions of this Agreement. ]5 15.5. Each Party shall retain, and shall cause its subcontractors to retain, all records and documents pertaining to its Authorized Work obligations for a period of not less than three years beyond the termination or expiration of this Agreement. 15.6. Each Party shall contractually require all of its subcontractors to provide the other Parties reasonable access to relevant records and staff of subcontractors concerning the Authorized Work. 15.7. Each Party will take all reasonable measures, and shall require its subcontractors to take all reasonable measures, to ensure that the Program funds in its possession are used solely for Authorized Work, which measures shall include the highest degree of care that such Party uses to control its own funds, but in no event less than a reasonable degree of care. 15.8. Each Party will maintain, and may require its subcontractors to maintain, the following insurance coverage or self insurance coverage, at all times during the Term of this Agreement: a. Workers' Compensation and Employers' Liability: statutory minimum. b. Commercial General Liability: $1 million minimum. c. Business Auto (if applicable): $1 million minimum. d. Professional Liability Insurance (if applicable): $1 million minimum. 16. PROOF OF INSURANCE 16.1. Upon request at any time during the term of this Agreement, a Parry shall provide evidence that its insurance policies are in full force and effect, and provide the coverage and limits of insurance that such Party has represented and warranted herein to maintain at all times during the Term of this Agreement. 16.2. If a Party is self-insured, such Party shall upon request forward documentation to the other Parties that demonstrates to each other Parry's satisfaction that such Party self- insures as a matter of normal business practice before commencing the Authorized Work. Each Party will accept reasonable proof of self-insurance comparable to the above requirements.. 17. CUSTOMER CONFIDENTIALITY REQUIREMENTS Each Party agrees, individually and not jointly, that 17.1. Each Party, its employees, agents and Contractors shall not disclose any Confidential Customer Information (defined below) to any third party during the Term of this Agreement or after its completion, without such Parry having obtained the prior written consent of the respective Utility, except as provided by law, lawful court order or subpoena and provided such Party gives the Utility advance written notice of such order or subpoena. 16 17.2. "Confidential Customer Information" includes, but is not limited to, a Utility customer's name, address, telephone number, account number and all billing and usage information, as well as any Utility customer's information that is marked confidential. If a Party is uncertain whether any information should be considered Confidential Customer Information, such Party. shall contact the Utility prior to disclosing the customer information. 17.3. Prior to any approved disclosure of Confidential Customer Information, a Utility may require the disclosing Party to enter into a nondisclosure agreement. 17.4. This provision does not prohibit a Party from disclosing non-confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission-sanctioned meeting or proceeding or other public forum. 17.5. Confidential Customer Information materials provided to a Party by another Party during the performance of this Agreement shall be returned upon written request to the original owner of the documents. 17.6. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 17 and the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 17 by any Party, the Party whose Confidential Customer Information is implicated in such breach shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available-legal or equitable remedy. 18. TIME IS OF THE ESSENCE The Parties hereby acknowledge that time is of the essence in performing their obligations under the Agreement. Failure to comply with deadlines stated in this Agreement may result in termination of this Agreement, payments being withheld or other Program modifications as directed by the Commission. 19. CUSTOMER COMPLAINT RESOLUTION PROCESS The Parties shall develop and implement a process for the management and resolution of Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of professional Customer service staff; (b) direct access of Customer complaints to supervisory and/or management personnel; (c) documenting each Customer complaint upon receipt; and (d) elevating any complaint that is not resolved within five (5) days of receipt to the Utility that serves the Customer. 20. RESTRICTIONS ON MARKETING Unless otherwise requested by a Party, all Parties' names or logos in their appropriate trade and service mark identifications shall be included on any and all Program T&E materials. For all other materials, a Party must receive prior written approval from a Party for the use of such Party's name or logo. However, nothing in this section is intended to permit the omission of any 17 Party's name and/or logo from materials discussing the Program, the Program implementation, and/or the Parties' delivery thereof. 21. RIGHT TO AUDIT The Parties agree that the Parties, and/or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or supporting documentation pertaining to their performance of this Agreement or the Authorized Work, during normal business hours, and to allow reasonable access in order to interview any employees of the Party who might reasonably have information related to such records. Further, the Parties agree to include a similar right of the Parties and/or the Commission to audit records and interview staff in any subcontract related to performance of the Authorized Work or this Agreement. 22. STOP WORK PROCEDURES SCE may suspend the Authorized Work being performed in its service territory for good cause, such as safety concerns, fraud, or excessive Customer complaints, by orally notifying each other Party to suspend the Authorized Work being performed in its service territory. Each Party performing Authorized Work in SCE's service territory shall stop work immediately, and may resume Authorized Work only upon receiving written notice from SCE that it may resume the Authorized Work. 23. TERM AND TERMINATION 23.1. Term. This Agreement shall be effective as of November 1, 2007. The Agreement shall continue in effect until June 30, 2009 ("Term") unless otherwise terminated in accordance with the provisions of Section 23 hereof. 23.2. Termination. Any Party may, upon approval of all non-breaching Parties, terminate this Agreement in the event of a material breach by one Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied within sixty (60) days notice to a breaching Party thereof from anon-breaching Party or otherwise resolved pursuant to the dispute resolution provisions set forth in Section 14 herein. 23.2.1. In the event of termination, the Parties shall be entitled to PGC Funds for all Program Expenditures incurred or accrued pursuant to contractual or other legal obligations for Authorized Work up to the effective date of termination of this Agreement, provided that any Monthly or other Reports required by the Commission are submitted in accordance with the terms and conditions of this Agreement. 23.2.2. In the event of termination, the Parties shall work cooperatively to facilitate the termination of operations and any applicable contracts for Authorized Work. 24. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally 18 recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: The City: SCE: Marjorie Hamilton Clerk of the Council Partnership Portfolio Manager City of Santa Ana Southern California Edison 20 Civic Center Plaza (M-30) 6042 N. Irwindale Avenue P.O. Box 1988 Irwindale, CA 91702 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5622 and, City Attorney City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier: on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 25. CONTRACTS Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts and omissions of Contractors and persons directly or indirectly employed by such Party for services in connection with the Authorized Work. 26. RELATIONSHIP OF THE PARTIES 19 The Parties shall act in an independent capacity and not as officers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 27. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, hazass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family Gaze leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each Parry represents and warrants that it shall include the substance of the nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized Work obligations. 28. COMMISSION AUTHORITY TO MODIFY This Agreement shall at all times be subject to the discretion of the Commission, including but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. 29. NON-WAIVER None of the provisions of this Agreement shall be considered waived by any Party unless such waiver is specifically stated in writing. 30. ASSIGNMENT No Party shall assign this Agreement or any part or interest thereof, without the prior written consent of the other Parties, and any assignment without such consent shall be void and of no effect. Notwithstanding the foregoing, if a Utility is requested or required by the Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require any Party's consent, and such Utility shall be released from all obligations hereunder arising after the effective date of such assignment, both as principal and as surety. 20 31. FORCE MAJEURE Failure of a Party to perform its obligations under this Agreement by reason of any of the following shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots, insurrections, acts of God, acts of government (including, without limitation, any agency or department of the United States of America), acts of terrorism, acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or other causes which are reasonably beyond the control of such Party. 32. SEVERABILITY In the event that any of the terms, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court,- regulatory agency, or other regulatory body having jurisdiction, all other terms, covenants, or conditions of this Agreement and their application shall not be affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Agreement. 33. GOVERNING LAW; VENUE This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in Orange County, California. 34. ATTORNEYS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal action or proceeding shall bear its own costs and expenses incurred therein, including reasonable attorneys' fees. 35. COOPERATION Each Party agrees to cooperate with the other Parties in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 36. ENTIRE AGREEMENT This Agreement (including the Exhibits hereto) contains the entire agreement and understanding between the Parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject matter of this Agreement. 37. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. 21 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. ATTEST: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City At! RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA ~~ City Manager SOUTHERN CALIFORNIA EDISON COMPANY: Erwin Furukawa VP, Customer Services Date: 22 APPROVI!D lI1!PHEII L .....11 81'. VIaI,n" t" GIIlII'lII ColI." ~J~ =:- ATTACHMENT A Local Government Energy Action Resources document 23 ATTACHMENT B Commission's Reporting Requirements Manual 24 Santa Ana (Proposed) Partnership November 2007- December 2008 1. Project Program Budget $200,000.00 Possibility of additional funds from Demand Response and CARE 2. Projected Program Impacts n/a Program is information only; will fimnel existing programs 3. Program Cost Effectiveness n/a TRC PAC n/a 4. Program Descriptors Market Sector: Cross-cutting Program Classification: Local Program Status: Proposed 5. Program Statement The Santa Ana Partnership is proposed as a residential and non-residential partnership between the Southern California Edison (SCE) and the City of Santa Ana. Santa Ana has identified opportunities for improving energy efficiency in Santa Ana communities and has identified specific needs for additional support and assistance from SCE in addressing these opportunities. The program will assist and facilitate the city, its residents and businesses in understanding, managing, and reducing their energy use and costs, and position Santa Ana as a leader in energy management practices. The City is committed to improving energy efficiency in Santa Ana by delivering energy efficiency information to the community and identifying and facilitating the implementation of specific energy efficiency projects. SCE is committed to working in partnership with Santa Ana on these activities to achieve energy savings goals, including assisting with integrating energy efficiency considerations in decision processes relating to building energy use. The partnership can be instrumental in identifying retrofit opportunities in Santa Ana public buildings and distributing comprehensive energy information to the community as well as support the city's efforts to develop strategies to implement the Governor's Executive Order 5-20-04, (The Green Building Action Plan) and comply with AB32. The Partnership can also help the city in implementing new energy codes. Attachment A 6. Program Rationale A partnership between the City of Santa Ana and SCE will provide an opportunity for SCE and Santa Ana to work together in identifying and addressing community specific needs and issues. A partnership arrangement provides a process whereby the city can work hand in hand with SCE to develop and implement energy efficiency initiatives. Through this partnership, SCE can better understand and address the city's specific needs and the City can implement an energy efficiency action plan more effectively and efficiently, taking full advantage of available SCE programs and services. Key to the success of the partnership is marketing and outreach to the community. By jointly co-branding messages and using existing city communication channels, the partnership will be able to achieve the broadest reach and response within the community. On an ongoing basis, the partnership will help facilitate the adoption of an energy efficiency ethic at the city that will result in a sustained commitment to energy efficiency and an integration of energy efficiency considerations in the city's decision processes. This Program supports the policy set forth in Decision (D.) OS-O1-055 which notes that "current or future partnerships between IOUs and local governments can take advantage of the unique strengths that both parties bring to the table to deliver cost-effective energy efficiency services." Local government economic redevelopment and similarly designated areas are specifically designed to increase community prosperity and represent a vital source of energy savings across a diverse residential and business market sector that has had lower participation in energy efficiency programs. These customers represent significant energy savings and demand reduction potential, as well as potential lost opportunities if not given targeted consideration. 7. Program Outcomes • Funneling of approximately 1 million kWh and 100kW by facilitating energy efficiency retrofits in municipal, residential and small business buildings • Development of an energy action plan for Santa Ana that addresses the energy specific community needs over the next 5 years. • Identification of short and long term energy savings and demand reduction opportunities for Santa Ana communities • Leveraging the city's communication infrastructure to communicate energy savings opportunities to the community and significantly improve community response rates • An energy efficiency `ethic' at the city that will result in a sustained commitment to energy efficiency and an integration of energy efficiency considerations in the city's decision processes. This will be facilitated by the delivery of energy information to the communities, training and education for local government facility managers, energy managers and other staff in the use of `best practices' methodology for identifying and implementing energy efficiency opportunities in Attachment A 2 their facilities. SCE assists in integrating energy efficiency into the City's decision processes relating to maintenance, retrofits and new construction. 8. Program Strategy Considerable progress towards the energy savings goals will come from partnering with local communities to help bring the message about energy efficiency, conservation and savings to our customers. IOUs are aware that our partners at the local level can be most effective in reaching out to their communities. The program will adopt some of the following strategies: Green Buildin¢ Initiative Executive Order Comuliance: Leadership in Energy and Environmental Design (LEED) certification and implementing the Governor's Executive Order 5-20-04, The Green Building Action Plan. Energy Audits and Technical Assistance: Santa Ana Partnership will facilitate access to services provided by the IOUs to support local government investments in energy efficiency retrofits, renovation, new construction and retro commissioning of municipal buildings. Technical assistance will be provided by the relevant energy efficiency programs, for example, Savings by Design, where applicable. IOUs will provide planning and project management support to help with coordination and implementation of energy efficiency projects. Eneray Efficiency Training: Energy code training and other energy efficiency training targeted to meet Santa Ana's needs. Training may be targeted to building professionals, energy managers and local government facility managers. This training will be developed and delivered by existing energy programs and will help Santa Ana communities transition to the new energy codes. Energy Efficiency Outreach and Community Activities: The IOUs will provide the Partnership with information on energy efficiency programs and services, demand response, self-generation, low income, CEC, DOE and other energy assistance programs, such as gas and water efficiency resources to be distributed to government, businesses and residents. The city will leverage existing communication channels and outreach infrastructure to promote energy efficiency programs. The partnership will develop and distribute brochures, conduct community events, and identify other appropriate venues and methods to reach potential customers. Energy Efficiency Rebates/Incentives: Revitalize communities and create awareness of energy efficiency and increased participation in energy efficiency rebate and incentive programs. They will utilize their existing infrastructure, for example water bills, and outreach activities to funnel energy efficiency programs which may include the following: Multi-famil~Rebates: Sweeps of city/county housing and multi-family dwellings to include Compact Fluorescent Lamps (CFL) change-outs and torchiere turn-ins. Attachment A Annliance Recyclin¢: Neighborhood Sweeps in which neighborhoods are mobilized to turn in refrigerators, freezers or air conditioners or make reservations for pick-up of qualified appliances by a SCE vendor. Residential Energy Efficiency Incentives: Promote available incentives at community events, for example county fairs. California New Homes: Outreach to builders through their building departments and training events: Small Business Direct Install: Identify areas of need and conduct neighborhood sweeps to install lighting, HVAC and other measures, where it is found to be needed. If the Nonresidential Direct Install Program has already been deployed then remaining businesses could be served by the Express Efficiency Program. Residential In-Home Surveys -Coordinate with local agencies to distribute welcome package to new home owners and conduct In-home energy surveys. Mobile Educational Unit -Utilize the Mobile Education Unit for residential community events and distribute energy information and CFLs to each visitor. 9. Program Objectives The primary program objective is to achieve short and long term energy savings and demand reduction in Santa Ana by partnering with SCE to identify energy efficiency opportunities and facilitate the adoption of energy efficiency measures in Santa Ana communities. Specific objectives include: o Becomine an Active Energy Efficiency Partner: Santa Ana's most immediate partnership goal is to provide proactive leadership in energy efficiency in the city. The City wants to work in collaboration with Southern California Edison to provide energy efficiency benefits to residents, local businesses, the utilities, and the State. o Targetin¢ Activities in Existing Empowerment Zone: The City of Santa Ana proposes to begin by addressing both utility needs for cost-effective energy efficiency savings and the City's goals of serving its defined Empowerment Zone. The City has anon-profit corporation that addresses this 4 sq. mile area that houses as many as 60,000 residents many of them low income. The Empowerment Zone is marked by low income multi- familyhousing seemingly suitable for energy efficiency upgrades. The Board of Directors of the Empowerment Zone has already shown interest in an efficiency partnership. The Santa Ana Energy Efficiency Partnership will help sign up eligible Santa Ana residents to CARE rates. Attachment A 4 o Creatins a Local Presence for Ener~y Efficiency: The City of Santa Ana seeks to immediately create a "face" for energy efficiency by establishing a local presence and outreach campaign. SCE will work with our consultants and vendors to establish specific strategies and tactics to address this need. o Achieving the Citv's Long-Term Goals: In the long term the City seeks to integrate energy efficiency considerations in future building decision making, maximize energy efficiency, develop solar capacity and other forms of distributed generation, become active in the California Climate Action Registry, and support the Governor's environmental initiatives. Overall, the City aims to become a responsible energy consuming city. 10. Program Implementation All partners will participate equally in program development and the establishment of goals, deliverables and milestones for the program and share commitment to achievement of program goals. SCE will identify a SCE partnership project manager, who will be the single point of contact between Santa Ana and SCE program managers. Santa Ana will designate at least one Energy Champion for the city. The partnership project manager will work with the Santa Ana Energy Champion(s) to identify opportunities, schedule sweeps, coordinate CTAC, Business Customer Division (BCD) and Public Affairs participation as well as all SCE resources. Projected Activities The projected activities for the 2007 - 2008 partnership activities are based on a) leveraging Southern California Edison programs, and b) innovative and customized Local Marketing and Outreach Strategies, and c) Special Santa Ana Initiatives. A. Leveraging Southern California Edison Programs First and foremost, the City of Santa Ana seeks to increase participation in Southern California Edison's existing programs. This proposal presents an initial focus - a strategic roster of programs that will support the Partnership objectives -but remains open to working on supporting the uptake of all utility programs and services, as well as third party energy efficiency initiatives. The 2007 - 2008 Santa Ana Energy Efficiency Partnership will provide local implementation strategies for four key Edison programs. There are four primary Southern California Edison programs that the City of Santa Ana herein proposes to tap, and which address key market segments: the multifamily housing stock, the small and medium-sized business community, all residential consumers in the City, and school children who can become effective partnership and message "ambassadors." By initiating activities designed to focus on these four market segments - Attachment A and leading by example through street-lighting upgrades addressed through the SPC program -the Partnership can get off to dwell-orchestrated and strategic start. 1. Multifamily Home Energy Visits Santa Ana has many apartments and the distinction of having the most occupants per dwelling unit of any city in the State. Given these statistics, there is little question that SCE's Multifamily Home Energy Visits program can become a key partnership initiative. By strategically deploying the merits of each appropriate partner - Edison's efficiency expertise, the City's local credibility and knowledge of its property owners, and the nimble and trustworthy nature of a third party implementer which will hire locally for maximum reach into the community -- the Partnership will have an unusually strong capability to "get in the door" and tap savings from this hard-to-reach market segment. 2. Small Business Retrofits -Express Efficiency Business not served by the Nonresidential Direct lnstall Program will be identified for retrofits by the Express Efficiency program. The identified programs are able to serve all eligible customers. 3. Bulb and Lighting Exchanges The City of Santa Ana views lighting exchanges for its residential base as a highly valued activity, and one that raises the flag of energy efficiency through high visibility events in the community. By endorsing and promoting these exchanges, the City will work with Edison to encourage residents to take first steps with energy efficiency through highly cost effective lighting exchanges. Through carefully tailored local marketing and outreach, these events will also build project momentum and cause participants to begin a process of leveraging greater and greater savings through more sophisticated measures. 4. Compact Fluorescent Lamp Fundraisers School children play an enormous role in their families and communities. For this reason, the City of Santa Ana is specifically excited about using kids as messengers of efficiency. The City is particularly interested in having school children take the efficiency message deep into the community. The potential for the efficiency message to be a powerful instrument of change -potentially causing career direction and job creation - is huge. The City will be key in this endeavor, providing "front-end" and "back-end" support, bringing City leaders and local celebrities to targeted schools to kick-off these activities and rewarding exemplary behavior through commendation at City Council meetings. Additional programs to be marketed through the program include • The Air Conditioner Cycling Program Attachment A The Air Conditioner Replacement Program • Appliance Recycling • Mobile Home Duct Testing and. Sealing Program • Home Energy Efficiency Survey • The LivingWise Educational Program • Pre-School Energy Efficiency program • The Coin-Op Laundry Program • Targeted Seminars and Training Training and Workshons At the beginning of the program period, Santa Ana will develop a training plan, including a quarterly schedule. The partnership representative will help to identify relevant CTAClAgTAC classes or trainers. All training and workshop events will specifically promote relevant IOU energy savings programs. Municipal Retrofits. Organizations identifying building retrofit opportunities will enter into agreements with the relevant SCE programs to secure incentives for the projects. Audits will be performed by SCE Business Customer Division or appropriate SCE vendor. SCE partnership representative will assist the City with program implementation. Savings will be tracked and credited to the Santa Ana Partnership. Community Events SCE partnership representatives will work with appropriate city officials to plan and implement community outreach events. Events could include CFL change-outs or other measures for public housing units, refrigerator and freezer recycling sweeps, small business hard-to-reach retro-fit sweeps, mobile home direct installations and re-Tamping programs as well as the home energy surveys. The IOU Partnership Representative will identify SCE appropriate resources such as marketing materials, the mobile educational units, EE program support, trainers, etc. Santa Ana will implement community events. Some community events will be specifically designed to `funnel' energy programs such as the Small Business Direct Install, Refrigerator Recycling, Multi-family and Mobile Home Programs. Santa Ana will use their communication channels, where possible, to conduct outreach to business and residential customers, community-based organizations, building officials and energy efficiency contractors. 11. Customer Description The partnership will target the City of Santa Ana. All SCE customer segments, residential and non-residential, that can be positively influenced by the partnership to harvest greater energy efficiency than would otherwise be possible through traditional marketing and outreach efforts, will benefit from the program. Low income customers, Attachment A ~ multi-family residences, small businesses and customers with primary languages other than English could be better served by partnership activities. 12. Customer Interface SCE partnership personnel will interface directly with appropriate city staff and other members of the partnership team. The partnership will interface directly with customers through outreach and co-branding activities. Customers benefiting from the partnership through `funneling' efforts will be subject to the customer interface feature of the respective program. 13. Energy Measures and Program Activities This is an information only program. Activities include workshops, community sweeps and community outreach events. 13.1. Measures Information Measures will be funneled through the existing programs. The partnership will identify municipal retrofits and other projects that will be funneled through existing energy savings programs including Standard Performance Contracts and Express Efficiency. 13.2. Energy Savings and Demand Reduction Level Data Not applicable. Efforts will be made to track funneling activities to help determine the impact of the program. 13.3. Non-energy Activities Presentations, attendance at conferences, meetings, community fairs, outreach events, marketing materials such as brochures and information packets, on-site visits and Title 24 and other energy training classes are all non-energy related activities associated with the partnership. In addition, the partnership will conduct/facilitate energy audits. 13.4. Subcontractor Activities Implementation support will be secured by SCE from the competitively selected toolbox of consultants and contractors. The partnership will coordinate with various organizations and competitively select subcontractors to help deliver various program activities/elements. 13.5. Quality Assurance and Evaluation Activities SCE partnership representatives will verify that work invoiced by subcontractors has actually been performed through appropriate documentation of all activities for which the vendor requests payment as well as regular on-site visits to ensure that training events and outreach activities are executed as planned. Back-up documentation will include marketing and outreach materials, attendance register, evaluation forms and expense reports as appropriate. 13.5.1. Expected Number/Percent of Inspections Local Government Partnerships will utilize existing energy efficiency programs, and the existing program's inspection criteria will apply as appropriate. Attachment A 13.6. Marketing Activities The partnership will develop a comprehensive marketing and media plan that is flexible and responsive to community needs. Marketing is addressed through direct mail, E- Newsletter, program literature, fact sheets, face-to-face meetings, customer education and outreach events, welcome packages for new home owners, web links and selected media advertising. Partners will be encouraged to participate in community events, including `neighborhood sweeps' to create excitement and generate interest in energy efficiency and participation in IOU programs and services. Marketing and Outreach Materials: The City may use its communications channels which include, water and waste removal bills, and tax notices to outreach to customers. SCE will provide program materials to Santa Ana including information on statewide campaigis. The partnership will engage in community events designed to increase participating in other local and statewide energy efficiency programs. The Government Energy Action Resources program could provide templates and other marketing materials to facilitate marketing and promotion of community `sweeps' and other outreach events. 14. Program Changes This Program is subject to change after discussion with the Partners. Attachment A