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HomeMy WebLinkAbout25B - AGMT - ENERGY EFFICIENCY STRATEGIC PLANREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2013 TITLE: EXTEND TWO FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON: THE SANTA ANA ENERGY LEADER PARTNERSHIP AND THE STRATEGIC PLAN STRATEGIES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendments to agreements with Southern California Edison, subject to non-substantive changes approved by the City Manager and City Attorney, to extend the Santa Ana Energy Leader Partnership and Strategic Plan Strategies funding agreements. DISCUSSION The California Public Utilities Commission (CPUC) authorized Southern California Edison (SCE), in partnership with cities, to deliver energy efficiency programs to utility customers in SCE's service area. The City was awarded a partnership with Edison for 2010-2012 to jointly deliver energy efficiency information, training, and materials that would benefit Santa Ana customers. The partnership also optimizes the City's opportunities for achieving short- and long-term energy savings and reduced utility bills, and assists City residents and businesses in understanding, managing, and reducing energy use and costs. The term of the Santa Ana Leader Partnership agreement ended December 31, 2012. The CPUC also authorized SCE to provide funding for energy efficiency strategic plan activities in support of the California Energy Efficiency Strategic Plan. Only those cities that have a partnership with SCE to deliver energy efficiency programs were eligible. The City was awarded Strategic Plan Strategies funding July 18, 2011, to perform a Green House Gas baseline inventory and energy analysis, an energy chapter for a Climate Action Plan, California Green Building and LEED certification training, and an Energy and Sustainability Consultant to coordinate and assist in implementation of these tasks. The term of the Strategic Plan Strategies agreement also ended December 31, 2012. The CPUC recently authorized SCE to extend the Santa Ana Leader Partnership agreement to June 30, 2015, and to extend the Strategic Plan Strategies Funding agreement to December 31, 2014. This will enable ongoing energy efficiency programming through the partnership and provide additional time to complete the scope of work in the Strategic Plan Strategies agreement. For both agreements, this is an extension of time only. 25B-1 Amendments with SCE to Extend Santa Ana Energy Leader Partnership Funding March 18, 2013 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with extending the agreements with SCE. However, continued implementation of energy efficiency programs and strategies will enhance our environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT There is no fiscal impact associated with extending the agreements with SCE. Raul Godinez II, Executive Director Public Works Agency RG/CLK Exhibit: First Amendment to the Energy Leader Partnership Agreement First Amendment to the Strategic Plan Implementation Contract 25B-2 FIRST AMENDMENT THIS FIRST AMENDMENT ("FIRST AMENDMENT") TO THE AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM dated December 7, 2009 (the "Agreement") is effective as of January 1, 2013 (the "First Amendment Effective Date") by and among SOUTHERN CALIFORNIA EDISON COMPANY ("SCE") AND THE CITY OF SANTA ANA ("SANTA ANA"). Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCE may be referred to herein as the "Utility." SCE and Santa Ana may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties previously executed the Agreement to Jointly Deliver the 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM effective January 1, 2010 ( hereinafter referred to as the "2010-2012 Program"); WHEREAS, on May 18, 2012, the Commission issued a Decision Providing Guidance on 2013- 2014 Energy Efficiency Portfolios and 2012 Marketing, Education, and Outreach ("Final Guidance Decision") guiding the Utility to continue the ENERGY LEADER PARTNERSHIP PROGRAM, which included the City of Santa Ana Energy Leader Partnership Program, through a two year 2013-2014 transition period (hereinafter referred to as the "2013-2014 Program"); WHEREAS, on July 2, 2012, the Utility submitted its application ("2013-2014 Application") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2013 through 2014, which included the 2013-2014 Program, a continuation of the 2010-2012 Program; WHEREAS, on November 15, 2012, the Commission issued a Final Decision approving the 2013-2014 Application as submitted ("Final Decision"), thereby approving continuation of the Energy Efficiency Partnership Programs, which includes the 2013-2014 Program, and the Parties desire to extend the Agreement through 2014 under the terms and conditions set forth in the Agreement, except as otherwise provided in this First Amendment; and WHEREAS, the Parties desire to further amend the Agreement as necessary to provide an authorized budget for the 2013-2014 Program and to update the Agreement as required to reflect the extended 2013-2014 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Except as provided herein, and to the extent applicable, any reference in the Agreement to the "2010- 2012 Program" shall hereby include both the 2010-2012 Program and the 2013-2014 Program. 2. Section 1.13 of the Agreement is hereby deleted in its entirety and replaced with the following: 1.13 PIP or Program Implementation Plan: The most recent Commission decision approved and publicly available plans for implementing the Program in each Utility's service territory 3. Section 3.2 of the Agreement is hereby deleted in its entirety and replaced with the following: EXHIBIT 1 25B-3 3.2. Energy Leader Partnership Level. The Program offers a tiered Incentive structure through achievement of four separate levels of participation: "Valued Partner," "Silver," "Gold" and "Platinum." The City will enter the Program at a level of participation which has been determined by the City's past participation in SCE energy efficiency and demand response programs both at the city level and at the community level. Exhibit A further explains each level and the energy savings requirements for moving to the next Energy Leader Partnership level. SCE will track the City's performance under this Agreement against the goals and objectives set forth herein, and will notify the City when it has achieved the next incentive level. 4. Section 11 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, 2015, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2014. 5. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES The City must submit final invoices to SCE no later than March 31, 2015. 6. 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, the Agreement shall continue in effect until June 30, 2015 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 7. 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 facsimile, 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: SCE: Public Works Agency Southern California Edison Company City of Santa Ana James Hodge, Program Manager 20 Civic Center Plaza, M-21 1515 Walnut Grove Avenue Santa Ana, CA 92701 Rosemead, CA 91770 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; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing EXHIBIT 1 25B-4 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. 8. This First 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. 9. Exhibit A (ENERGY LEADER PARTNERSHIP - PROGRAM LEVEL DATA) and Exhibit B (ENERGY LEADER PARTNERSHIP PROGRAM 2010-12 GOALS & PARTNER BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the versions of Exhibit A (ENERGY LEADER PARTNERSHIP - PROGRAM LEVEL) and Exhibit B (ENERGY LEADER PARTNERSHIP PROGRAM 2013-14 GOALS & PARTNER BUDGET FOR SANTA ANA) attached to this First Amendment, which attached versions are incorporated herein by reference and made a part of the Agreement. 10. General. From and after the First 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 this First Amendment. In the event of any conflict between the Agreement and this First Amendment, this First 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 First Amendment on that party's behalf has the requisite legal authority to do so. [SIGNATURES FOLLOW ON NEXT PAGE] EXHIBIT 1 25B-5 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized representatives as of the First Amendment Effective Date. SANTA ANA: ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency SCE: SOUTHERN CALIFORNIA EDISON COMPANY By: Name Printed: Erwin Furukawa Title: Senior Vice President, Customer Service Date: , EXHIBIT I 25B-6 EXHIBIT A ENERGY LEADER PARTNERSHIP - PROGRAM LEVEL Energy Leader Partnership levels are: Valued Partner Level - This level is the entry level for the partner to develop knowledge and establish goals towards the Silver Level. A budget is available for energy savings projects, for marketing, education, and outreach to the community, as well as for technical assistance toward upgrading or retrofitting partners' facilities. SCE's core program incentives will be offered directly to the partner. The partner will be expected to use the marketing and outreach funds to generate verifiable energy savings in their own facilities and in the community and will participate in demand response at a basic level. Valued Level provides the Partner with 3 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. Silver Level - To qualify for this level, the partner demonstrates past participation in SCE energy efficiency programs, develops an energy action plan, sets community and municipal energy reduction goals, targets 25 percent of its facilities to complete energy efficiency upgrades, and participates in demand response. An enhanced incentive is paid at the Silver Level. Silver Level provides the Partner with 6 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. Gold Level - To qualify for this level, the partner demonstrates higher past participation in SCE energy efficiency programs, establishes higher municipal and community program participation and energy savings goals and makes a higher commitment to participate in demand response. Incentive factors are higher for partner facilities' energy efficiency projects. Gold Level provides the Partner with 9 cents per kWh paid in addition to what is paid to the Partner under SCE's core program Platinum Level - To qualify for this level, the partner demonstrates even higher past participation in energy efficiency programs, is innovative and integrates Energy Action Plan policies, ordinances and procedures. All facilities are targeted for energy efficiency upgrades and the partner makes a higher commitment to participate in Demand Response. Incentive factors are highest for Partner facilities' energy efficiency projects and additional incentives are made available for customized community energy efficiency projects. Platinum Level provides the Partner with 12 cents per kWh paid in addition to what is paid to the Partner under SCE's core program. EXHIBIT 1 25B-7 EXHIBIT B ENERGY LEADER PARTNERSHIP PROGRAM 2013-14 GOALS & PARTNER BUDGET FOR SANTA ANA Program Cycle Partner Budget and Goals: Maximum Partner Budget Energy Savings Goal (kWh) Peak Demand Reduction Goal (kW) Total : $421,637 1,257,030 kWh 314 kW Incentive: $221,637 *Non-Incentive: $200,000 *(Marketing & Outreach, Technical Assistance and Direct Implementation) 25EBI81 FIRST AMENDMENT THIS FIRST AMENDMENT ("FIRST AMENDMENT") TO THE CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION CONTRACT dated July 18, 2011 (the "Contract") is effective as of November 1, 2012 (the "First Amendment Effective Date") by and among SOUTHERN CALIFORNIA EDISON COMPANY ("SCE") AND THE CITY OF SANTA ANA ("Implementer"). Terms not otherwise defined herein shall have the meaning ascribed to them in the Contract. RECITALS WHEREAS, the Parties previously executed the Contract for purposes of implementing the 2010- 2012 Santa Ana Strategic Plan Activities Program (hereinafter referred to as the "2010-2012 Program"); WHEREAS, on May 18, 2012, the Commission issued a Decision Providing Guidance on 2013- 2014 Energy Efficiency Portfolios and 2013-2014 Marketing, Education, and Outreach ("Final Guidance Decision") guiding the Utilities to continue the Energy Efficiency Partnership Programs, which included Strategic Plan Activities, through a two year 2013-2014 transition period (hereinafter referred to as the "2013-2014 Program"); WHEREAS, on July 2, 2012, SCE submitted its respective application ("2013-2014 Application") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2013 through 2014, which included the 2013-2014 Program, a continuation of the 2010-12 Program; WHEREAS, contingent on the adoption by the Commission of a final decision approving the SCE's 2013-2014 Application as submitted ("Final Decision"), the Parties desire to extend the Contract through 2014 under the terms and conditions set forth in the Contract, except as otherwise provided in this First Amendment; WHEREAS, the Parties desire to further amend the Contract as necessary to update the Contract as required to reflect the extended 2013-2014 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Except as provided herein, and to the extent applicable, any reference in the Agreement to the "2010-2012 Program" shall hereby include both the 2010-2012 Program and the 2013-2014 Program. 2. Section 18 of the Contract is hereby deleted and replaced with the following: 18. TIME IS OF THE ESSENCE 18.1 Implementer hereby acknowledges that time is of the essence in performing their obligations under this Contract. Failure to comply with milestones and goals stated in this Contract, including, but not limited to those set forth in Exhibit A of this Contract, may constitute a material breach of this Contract, resulting in its termination, payments being withheld, Implementer Budgets being reduced or adjusted, funding redirected to SCE to other programs or 1 of 3 25B-9 partners, or other Program modifications as determined by SCE or as directed by the Commission. All Work must be performed and completed by December 31, 2014. 3. Section 22 of the Agreement is hereby deleted and replaced with the following: 22. TERM 22.1 This Contract shall be effective as of the Effective Date. Unless otherwise terminated in accordance with the provisions of Section 23 below or extended pursuant to Section 22.2 or 22.3, this Contract shall expire at midnight on December 31, 2014; provided however, that all Work and services shall be completed by the dates specified in the Statement of Work. 4. General. From and after the First Amendment Effective Date, any reference to the Contract contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Contract, as amended by this First Amendment. In the event of any conflict between the Contract and this First Amendment, this First Amendment shall prevail. All remaining provisions of the Contract shall remain unchanged and in full force and effect. Each party is fully responsible for ensuring that the person signing this First Amendment on that party's behalf has the requisite legal authority to do so. [SIGNATURE PAGE FOLLOWS] 2of3 25B-10 IN WITNESS WHEREOF, the Parties hereto have, through their duly authorized representatives, have executed this First Amendment as of the First Amendment Effective Date by. IMPLEMENTER: ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency SCE: SOUTHERN CALIFORNIA EDISON By: Erwin Furukawa Title: Senior Vice President, Customer Service Date: 3 of 3 25B-11 CHANGE ORDER NO.1 This Change Order No. 1 (the "Change Order") is issued pursuant to the CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN IMPLEMENTATION CONTRACT dated July 18, 2011 (the "Contract") between THE CITY OF SANTA ANA ("Implementer") and SOUTHERN CALIFORNIA EDISON COMPANY ("SCE") and sets forth certain changes to the Statement of Work ("SOW") executed by Implementer and SCE on July 18, 2011. This Change Order is effective as of November 1, 2012 ("Change Order Effective Date"). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Contract. The parties agree to modify the SOW as follows: 1. Task 2.A Deliverable(s) table is deleted in its entirety and replaced with the following: Task 2.A - Deliverable(s) Due Date(s) - 1. Report on status of Implementer or Monthly to be completed by Subcontractor to support the Task September 30, 2011 with Invoicing Requirements (see Task 4) 2. Assessment and planning report for conducting No later than March 31, 2012 with the baseline GHG inventory including the energy Invoicing Requirements (see Task 4) savings analysis for the baseline GHG for both the Community and Municipal Operations 3. Draft report on the results of the baseline GHG No later than December 31, 2012 with inventory including the energy savings analysis Invoicing Requirements (see Task 4) for the baseline GHG for both the Community and Municipal Operations 4. Final report on the results of the baseline GHG No later than January 31, 2013 with inventory including the energy savings analysis Invoicing Requirements (see Task 4) for the baseline GHG for both the Community and Municipal Operations 5. Report on dissemination of the baseline GHG No later than March 31, 2013 with inventory and energy savings analysis for the Invoicing Requirements (see Task 4) baseline GHG to the Community 6. Monthly status report Monthly with Invoicing Requirements (see Task 4) 2. Task 2.13 Deliverable(s) table is deleted in its entirety and replaced with the following: Task 2.B - Deliverable(s) Due Date(s) - 1. Assessment and planning report for the No later than March 31, 2012 with development of an energy efficiency chapter in Invoicing Requirements (see Task 4) the climate action plan for the Community and Municipal Operations 2. Draft energy efficiency chapter for the climate No later than March 31, 2013 with action plan for the Community and Municipal Invoicing Requirements (see Task 4) Operations SCE CONFIDENTIAL 1 of 5 25B-12 3. Report on stakeholder input No later than April 30, 2013 with Invoicing Requirements (see Task 4) 4. Final energy efficiency chapter for the climate No later than May 31, 2013 with action plan for the Community and Municipal Invoicing Requirements (see Task 4) Operations 5. Monitoring Framework for the energy efficiency No later than June 30, 2013 with chapter in a climate action plan Invoicing Requirements (see Task 4) 6. Monthly status report Monthly with Invoicing Requirements (see Task 4) 3. Task 3.A Deliverable(s) table is deleted in its entirety and replaced with the following: Task 3.A- Deliverable(s) Due Date(s) 1. Assessment and planning report for No Later than March 31, 2012 with California Green Building Code and LEED Invoicing Requirements (see Task 4) certification training 2. Provide quarterly schedule of training courses to Quarterly starting April 30, 2012 with CPM Invoicing Requirements (see Task 4) 3. Implementation report Monthly starting October 31, 2012 with Invoicing Requirements (see Task 4). 4. Report on best practices and lessons learned Starting September 30, 2012 5. Monthly status report Monthly with Invoicing Requirements (see Task 4). 4. Task 4, Part D is deleted in its entirety and replaced with the following: D. SCE's Regulatory Reporting: Implementer will implement, adhere to, and submit the items as described in Appendix B (Regulatory Reporting Requirements), attached hereto, as SCE requests. The CPUC reporting requirements may be amended from time to time, at which time SCE will notify Implementer of the changes and issue a new Appendix B. Implementer will implement these modifications in a timely manner and future invoice documentation will reflect them. Implementer acknowledges that SCE may, in its sole discretion, require Implementer to provide such other reports or documentation that SCE deems appropriate or necessary ("Ad Hoc Reports"). Implementer will comply with any request for such Ad Hoc Report(s) within a reasonable time or, if applicable, within the time requested by SCE. Deliverable(s) Due Date(s) 1. Prepare and submit Monthly invoices and supporting documentation to SCE. Monthly, by the 15th Calendar Day for Work completed the preceding Month SCE CONFIDENTIAL 2of5 25B-13 2. Prepare and submit Monthly regulatory Monthly, by the 15th Calendar Day for report, including flat files and Monthly Work completed the preceding Month deliverable work sheet. 3. Prepare and submit Semi-annual Reports March 1 and September 1 of each year of (for requirements in Appendix B) to SCE Contract term for Work completed during the preceding 6 Months 4. Prepare and submit Ad Hoc Reports As SCE requests and/or requires 5. Prepare and submit final invoice and By January 15, 2015 for final invoice and Program Report to SCE by December 31, 2014 for final Program Report 5. Task 5, Part A is deleted in its entirety and replaced with the following: A. Program Ramp-Down: If there is a gap in Program services after November 15, 2014, Implementer will provide SCE with a ramp-down plan for the Program. To ensure complete Program shut-down, the Program ramp-down period will commence no later than September 1, 2014. Implementer's plan for Program ramp-down will take into consideration that all services must be completed by December 31, 2014. Implementer will resolve all outstanding Program and Partnership issues and begin preparation of the Final Report beginning September 1, 2014. 6. Task 5, Deliverable(s) table is deleted in its entirety and replaced with the following: Deliverable(s) Due Date(s) 1. Submit detailed ramp-down and shut-down plans and schedules to CPM for review and approval No later than September 1, 2014 2. Resolve outstanding Program and Partnership issues and begin preparation of Final Report No later than September 1, 2014 3. Begin Program ramp-down No later than December 1, 2014 4. Complete all services No later than December 31, 2014 7. Task 6, Deliverable(s) table is deleted in its entirety and replaced with the following: Deliverable(s) Due Date(s) 1. Submit draft Final Report for SCE review No later than December 15, 2014 and approval 2. Submit revised Final Report for SCE review No later than December 31, 2014 and approval SCE CONFIDENTIAL 3 of 5 25B-14 8. Appendix A, Part A (Monthly Invoicing and Reporting Requirements) is deleted in its entirety and replaced with the following: Monthly hard copy invoices are required at the 15th Calendar Day of each Month for Work completed the preceding Month with invoicing supporting files described herein. These invoices and supporting documents are for work performed by the Implementer and all Subcontractors. On January 15, 2015 or sooner, Implementer will submit a final invoice associated with Program services that are tied directly to delivery of the Program deliverables. No Work except that associated with preparing the Final Report (Task 6) and final invoice will be performed after December 31, 2014. Subsequent invoices will only contain expenses associated with closing out the Program (i.e., administration expenses, etc.) that are not directly tied to delivery of the Program goals. 9. Appendix B.2.1 Semi-annual Report Template is deleted in its entirety and replaced with the following: 2.1. Semi-annual Report Template SemAnnual Rpt- Santa Ana Phl.xlsx STRATEGIC PLAN SOLICITATION SEMI-ANNUAL REPORT Plan t- Worms Scope and Goals Prog-n AccompNaAnsnb Y . M. R. ( ss..r.rv ON:II?Y. ' 1rr.ra rsa. sr.rr.err.a sr orlr f...f c...aarac s..?.ww.Ar.r..r ar.rysr O.1 ow.•.«rsa..+. .c...,r S- Iq &S.m A. C t.ncrury am <irma,eo :.'.i."_ ,. •poda?? ne AC ?..•??.? miea?ms wn , ZA.Csw(G-Ba.dn G mE- S- nr- .GU ro)am MCn«rc owOp.o,'«m. 11 P11-1 1z", "I I- eoMr 11", aarory T. C,ry Me.m. MU , , ar arwenny am ciima,ec s,n,egy tlod aCrrmme ncuo?Pi.? (cAP?.E an ?E•v?«aeod mresiaw wn -- 11- S11 CA 1 . ga ficroncy ymy ma.,a. 2 B I.., eod anEngy EMCierwy , Ndr i?a c?ymm. actirncdanncir?eirgM 3a r,uoe cm.r s... •.. , , m..,..,. 1? G- I Id, oom.ro art. SCE CONFIDENTIAL 4of5 25B-15 10. General. From and after the Change Order Effective Date, any reference to the SOW contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the SOW, as amended by this Change Order. Except as modified herein, all other terms and conditions of the SOW shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Change Order to be executed by their duly authorized representatives as of the Change Order Effective Date. IMPLEMENTER: ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR KEVIN O'ROURKE Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency SCE: SOUTHERN CALIFORNIA EDISON By: Erwin Furukawa Title: Senior Vice President Customer Service Date: SCE CONFIDENTIAL 5 of 5 25B-16