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