Loading...
HomeMy WebLinkAboutSOUTHERN CALIFORNIA GAS COMPANY 4B - 2016{ SECOND AMENDMENT M`22GtC (ZG y (L7d1ap(� TO JOINTLY DELIVER THE 2013 -2014 CITY OF SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM This SECOND AMENDMENT TO THE AGREEMENT TO JOINTLY DELIVER THE 2013 -2014 CITY OF SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM (this "Second Amendment'), is effective as of January 1, 2016 ( "Second Amendment Effective Date "), is entered into by and beriveen SOUTHERN CALIFORNIA GAS COMPANY ( "SCG" or "Utility ") and CITY OF SANTA ANA. SCG and City of Santa Ana are sometimes referred to herein individually as a "Party" or collectively as the "Parties." Initially capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement (as defined below). RECITALS WHEREAS, the Parties entered into that certain Agreement to Jointly Deliver the 2013 -2014 City of Santa Ana Energy Efficiency Partnership Program effective as of January 1, 2013, as amended by that certain First Amendment effective as of January 1, 2015 (collectively, the "Agreement'); WHEREAS, on October 28, 2015, the Commission issued Decision D.15 -10 -028 approving the continuation of the Energy Efficiency Partnership Programs, including continuation of the CITY OF SANTA ANA Partnership Program for 2016 and beyond; and WHEREAS, the Parties desire to amend the Agreement (1) to extend its term through March 31, 2019, (2) to provide an authorized budget for the 2016 -2018 Program, and (3) to otherwise update the Agreement as required to reflect the extended 2016 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. To the extent applicable, any reference in the Agreement, as amended, to the "2013 -2014 Program" shall also hereby include the 2016 Program. 2. Section I 1 of the Agreement is hereby deleted in its entirety and replaced with the following: "11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2019, and all Direct Implementation and Marketing & Outreach activities by no later than December 31. 2018." 3. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: "12. FINAL INVOICES CITY OF SANTA ANA must submit final invoices to Utility no later than March 31, 2019," A- 2016 -020 SECOND AMENDMENT TO JOINTLY DELIVER THE 2013 -2014 CITY OF SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM This SECOND AMENDMENT TO THE AGREEMENT TO JOINTLY DELIVER THE 2013 -2014 CITY OF SANTA ANA ENERGY EFFICIENCY PARTNERSHIP PROGRAM (this "Second Amendment'), is effective as of January 1, 2016 ( "Second Amendment Effective Date "), is entered into by and between SOUTHERN CALIFORNIA GAS COMPANY ( "SCG" or "Utility ") and CITY OF SANTA ANA. SCG and City of Santa Ana are sometimes referred to herein individually as a "Party" or collectively as the "Parties." Initially capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement (as defined below). RECITALS WHEREAS, the Parties entered into that certain Agreement to Jointly Deliver the 2013 -2014 City of Santa Ana Energy Efficiency Partnership Program effective as of January 1, 2013, as amended by that certain First Amendment effective as of January 1, 2015 (collectively, the `:Agreement'); WHEREAS, on October 28, 2015, the Commission issued Decision D.15 -10 -028 approving the continuation of the Energy Efficiency Partnership Programs, including continuation of the CITY OF SANTA ANA Partnership Program for 2016 and beyond; and WHEREAS, the Parties desire to amend the Agreement (1) to extend its term through March 31, 2019, (2) to provide an authorized budget for the 2016 -2018 Program, and (3) to otherwise update the Agreement as required to reflect the extended 2016 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. To the extent applicable, any reference in the Agreement, as amended, to the "2013 -2014 Program" shall also hereby include the 2016 Program. 2. Section I I of the Agreement is hereby deleted in its entirety and replaced with the following: "11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2019, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2018." 3. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: "12. FINAL INVOICES CITY OF SANTA ANA must submit final invoices to Utility no later than March 31, 2019: ° 4. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: "25.1 TERM This Agreement shall be effective as of the Effective Date. Subject to Section 37 (as defined in the PIP), the Agreement shall continue in effect until March 31, 2019 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 (as defined in the PIP)." 5. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the following: "26. 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 nationally 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: City of Santa Ana Executive Director, Public Works Agency 20 Civic Center Plaza, M -21 City of Santa, CA 92701 Tel: (714) 647 -5654 Fax: (714) 647 -5622 SCG: Southern California Gas Company Paulo Morals, Energy Programs Supervisor 555 W. Fifth Street, GT20134 Los Angeles, CA 90013 Tel: (213) 244-3246 Fax: (213) 244-8252 Email: PMorais @semprautilities.com 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. PST (or PDT, as applicable), or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; or (c) 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." 6. This Second Amendment 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. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit B attached to this Second Amendment, which attached version is incorporated herein by reference and made a part of the Agreement. General. From and after the Second Amendment Effective Date, any reference to the Agreement contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Agreement, as amended by any prior amendments to the Agreement, and this Second Amendment. In the event of any conflict between the Agreement, as amended, and this Second Amendment, this Second Amendment shall prevail. All remaining provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully responsible for ensuring that the person signing this Second Amendment on that party's behalf has the requisite legal authority to do so. IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their duly authorized representatives as of the Second Amendment Effective Date, ATTEST: C `OF SANTA A MAMA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �{}REC M D FOR PROVAL: JOE ANDO AL FRED OUSAVIPOUR ie Assistant City Atto ney- Executive Director, Public Works Agency SOUTHERN CALIFORNIA GAS COMPANY ERANW ASARO Energy Efficiency Partnerships Manager �� EXHIBIT B EXHIBIT B CITY OF SANTA ANA and SOUTHERN CALIFORNIA GAS COMPANY PARTNERSHIP 2013 -2018 GOALS & PROGRAM BUDGET Natural as Savings Target: Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -2018 SCG Santa Ana Partnership 2013 -2018 Partnership Total Non - Incentive Budget 2013 -2015 2016 2017 2018 6 Yr Total SCG 28,500 9,500 9,500 9,500 57,000 Therms $0,000 Therms Therms Therms Therms $8,000 Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -2018 SCG Santa Ana Partnership 2013 -2018 Partnership Total Non - Incentive Budget $445,476 2016111 2017 2018 SCG Authorized Budget Administration $0,000 $0,000 Total Utility Authorized Budget $277,476 Marketing & Outreach $24,000 $8,000 $8,000 Partner Authorized Budget $168,000 $60,000 $20,000 $20,000 $20,000 2013 -2018 Total Non - incentive Program Budget $445,476 Projected Allocations for Santa Ana Partnership Authorized Bud et $168,000 (1) Incentive is a part of SCG Core Program's Incentive Budget. The incentive level is $1.00 per therm for calculated measures or 80% of the equipment cost, whichever is the lesser of the two. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs. 2013 -2018 City of Santa Ana Partnership 2013 -2015 2016111 2017 2018 Administration $0,000 $0,000 $0,000 $0,000 Marketing & Outreach $24,000 $8,000 $8,000 $8,000 Direct Implementation $60,000 $20,000 $20,000 $20,000 (1) Incentive is a part of SCG Core Program's Incentive Budget. The incentive level is $1.00 per therm for calculated measures or 80% of the equipment cost, whichever is the lesser of the two. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs. 2013 -2018 City of Santa Ana Partnership