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HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON COMPANY 47b - 2015-r cap) A- 2013 - 046 -01 �dK3 SECOND AMENDMENT TO THE CALIFORNIA ENERGY EFFICIENCY STRATEGIC PLAN PHASE ONE IMPLEMENTATION CONTRACT BETWEEN THE CITY OF SANTA ANA AND SOUTHERN CALIFORNIA EDISON COMPANY This SECOND AMENDMENT ( "Second Amendment') to the California Energy Efficiency Strategic Plan Phase One Implementation Contract ( "Contract ") by and between Southern California Edison <�, Company ( "SCE ") and the City of Santa Ana ( "Implementer "), shall be effective as of January 1, 2015 ( "Effective Date "). SCE and Implementer may be referred to herein individually as a "Party" and collectively as the "Parties ". RECITALS ,� WHEREAS, the Parties previously executed the Contract to implement the 2010 -2012 Strategic Plan Phase One Program (the "Program "), to promote long -term energy efficiency and climate action activities; WHEREAS, the Parties desire to extend the Contract through December 31, 2015 as set forth herein to allow sufficient time to ramp down the Program administrative activities; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Section 22 of the Contract is hereby deleted and replaced with the following: 22 Term. This Contract shall be effective as of the Effective Date. Unless otherwise terminated in accordance with the provisions of Section 23 below, this Contract shall terminate as midnight December 31, 2015; provided however, that all works and services related to delivery of the Program shall be completed by December 31, 2014. 2. The Parties agree to extend this Contract to cover only the administrative expenses under the tasks of Program Ramp -Down, Invoicing and Reporting Requirements in the Statement of Work. Any invoices submitted after December 31, 2014 will only contain administrative expenses associated with the tasks of Ramp -Down and closing out the Program, as mentioned in the Statement of Work, that are not directly tied to delivery of the Program goals. This Second Amendment may be executed in one or more counterparts and delivered by electronic means, each of which will be deemed to be an original, but all of which will together constitute one and the same agreement. General. From and after the Second 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 the Second Amendment. In the event of any conflict between the Contract and this Second Amendment, this Second Amendment shall prevail. 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. 4. Except as amended by this Second Amendment, all provisions of the Contract shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment. [SIGNATURES FOLLOW ON NEXT PAGE] SCE CONFIDENTIAL Page 1 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their duly authorized representatives. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B f�s a doval Ch ssistant City Atto ey CO P ENDS FOR APPROVAL: R D MOUSAVIPOUR Executive Director Public Works Agency SCE: CITY O A ANA 1 DAVID C VAZOS City Manager Name Pkinted: MwtL- U I n ic.h .1) Title: lV LA,.J Um�-q P"sRAriva gC de17J� Date: I91/ SCE CONFIDENTIAL Page 2 Second Amendment to Strategic Plan Strategies Agreement with Southern California Edison • As a Partnership city, Santa Ana is eligible to receive Strategic Plan Strategies funding through Southern California Edison (SCE) to provide funding for energy efficiency strategic plan activities in support of the California Energy Efficiency Strategic Plan. • On July 18, 2011, the City entered into an agreement with SCE (A- 2011 -163) for funding to perform a Green House Gas baseline inventory and energy analysis. • On March 18, 2013 the City entered into the First Amendment (A- 2013 -046) to extend the term through 12/31/14 to complete tasks. • Second Amendment — will extend term through 12/31/15. Program tasks are complete, however, final reporting required by SCE and California Public Utilities Commission will continue for a number of months. • The tasks have been completed, however, this Second Amendment is necessary in order for the city to recover administrative expenses as part of the Program Ramp Down and Closure process. • No change to compensation.