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Home My WebLink AboutSOUTHERN CALIFORNIA GAS COMPANY (4)c FIRST AMENDMENT A -2014 -352 THIS FIRST AMENDMENT TO THE AGREEMENT TO DELIVER THE 2013 -2014 ENERGY PARTNERSHIP PROGRAM dated January 1, 2013 (the "Agreement ") is effective as of January 1, 2015 by and between SOUTHERN CALIFORNIA GAS COMPANY ( "SCG ") AND THE CITY OF SANTA ANA. Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCG may be referred to individually herein as the "Utility" or collectively as the "Utilities ". The Utilities and The City of Santa Ana may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties previously executed the Agreement effective January 1, 2013 in accordance with the applicable decisions of the California Public Utilities Commission ( "Commission "); WHEREAS, on November 14, 2013, the Utility submitted its application ( "2015 Application ") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2015, which included a continuation of the Santa Ana Energy Efficiency Partnership Program through 2015 ( "2015 Program "); WHEREAS, on October 16, 2014, the Commission issued its Decision 14 -10 -046 approving the continuation of the Energy Efficiency Partnership Programs, which includes the 2015 Program, and the Parties desire to extend the Agreement through the year 2015 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 2015 Program and to update the Agreement as required to reflect the extended 2015 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: To the extent applicable, any reference in the Agreement, as amended, to the "2013 -2014 Program" shall also hereby include the 2015 Program. SOCALGAS CONFIDENTIAL 1 of 5 2. Section l 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 Adm nistrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2016, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2015. 3. 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 the Utility no later than March 31, 2016. 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, the Agreement shall continue in effect until June 30, 2016 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 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 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: City of Santa Ana Director of Public Works 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 Morais, Energy Programs Supervisor 555 W. Fifth Street, GT28A4 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; (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. SOCALGAS CONFIDENTIAL 2 of 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. THE CITY: ATTEST: MARIA D. HUIZAR C/ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney M City /RECD ENDED FOR APPROVAL: FRtD MOUSAVIPOUR Executive Director Public Works Agency SOCALGAS: SOUTHERN CALIFORNIA GAS COMPANY t Name Printed: Frank Spasaro Title: Energy Efficiency Partnerships Manager Date: CIT ( SANTA sNA d DAVID AVAZOS City Manager SOCALGAS CONFIDENTIAL 4 of 5 6. This First Amendment maybe 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. 7. Exhibit B (Southern California Gas Company GOALS & CITY OF SANTA ANA ENERGY PARTNERSHIP BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the version of Exhibit B Southern California Gas Company 2015 GOALS & PARTNER BUDGET FOR The City of Santa Ana attached to this Second Amendment, which attached versions are incorporated herein by reference and made a part of the Agreement. 8. 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 any prior amendments to the Agreement, and this First Amendment. In the event of any conflict between the Agreement, as amended, 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] SOCALGAS CONFIDENTIAL 3 of 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. THE CITY: ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 0 City FOR APPROVAL: F E M U AV/IP E: :t 8tive Director Public Works Agency SOCALGAS: SOUTHERN CALIFORNIA GAS COMPANY Name Printed: Frank Spasaro Title: Energy Efficiency Partnerships Manager Date: 2 SOCALGAS CONFIDENTIAL CITY OF SANTA A DAVID C7AVAZOS City Manager 4of5 EXHIBIT B CITY OF SANTA ANA and SOUTHERN CALIFORNIA GAS COMPANY PARTNERSHIP 2013 -2015 GOALS & PROGRAM BUDGET Natural Gas Savings Target: Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -15 SCG Santa Ana Partnership 2013 -2015 Partnership Total Non - Incentive Budget 2013 2014 2015 3 -year Total SCG 9,0001 10,000 Therms 9,500-, 28,500 Therms Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -15 SCG Santa Ana Partnership 2013 -2015 Partnership Total Non - Incentive Budget $223,228 2014 2015 SCG Authorized Budget $0,000 $0,000 $0,000 Marketing & Outreach Total Utility Authorized Budget $139,228 $8,000 Direct Implementation $20,000 $20,000 Partner Authorized Budget $84,000 2013 -15 Total Non - incentive Program Budget $223,228 Projected Allocations for Santa Ana Partnership Authorized Budget $84,000 (1) 2015 Budget was approved by the CPUC to be the third year of the 2013 -2014 Program. Unspent funding from 2013 -2014 may be used with the 2015 approved budget. SOCALGAS CONFIDENTIAL 5 of 5 2013 2014 2015 Administration $0,000 $0,000 $0,000 Marketing & Outreach $8,000 $8,000 $8,000 Direct Implementation $20,000 $20,000 $20,000 (1) 2015 Budget was approved by the CPUC to be the third year of the 2013 -2014 Program. Unspent funding from 2013 -2014 may be used with the 2015 approved budget. SOCALGAS CONFIDENTIAL 5 of 5