HomeMy WebLinkAboutContracts & Agreements_57-2013_CCv0001.pdf FIRST AMENDMENT
THIS FIRST AMENDMENT ('FIRST AMENDMENT") TO THE AGREEMENT TO JOINTLY
DELIVER THE 2010-2012 ENERGY LEADER PARTNERSHIP PROGRAM dated August 31, 2010
(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 REDLANDS
("REDLANDS"). 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 Redlands 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 Redlands 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:
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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 3.2 of the Agreement is hereby deleted in its entirety and replaced with the following:
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
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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.
3. 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.
4. 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.
5. 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.
6. 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:
City of Redlands Southern California Edison Company
City Clerk Joanna Chang, Program Manager
PO Box 3005 1515 Walnut Grove Avenue
Redlands CA 92737-1505 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
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.
7. 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.
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8. 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 A&DLAIVDS)attached
to this First Amendment, which attached versions are incorporated herein by reference and made a
part of the Agreement.
9. 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.
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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.
REDLANDS:
THE CITY OF REDLANDS
B 1
By:
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Name Printed: Pete Aguilar
Title: Mayor
Date: liclo
ATTEST:
By:
Naine PrinteeSa4 Irwin
Title: City Clerk
Date: 4
SCE:
SOUTHERN CALIFORNIA EDISON COMPANY
By.
Name Printed: Erwin Furukawa
Title: Senior Vice President, Customer Service
Date:
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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 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.
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EXHIBIT B
ENERGY LEADER PARTNERSHIP PROGRAM 2013-14 GOALS & PARTNER BUDGET FOR
REDLANDS
ENERGY LEADER PARTNERSHIP PROGRAM
2013-14 GOALS & PARTNER BUDGET
FOR REDLANDS
Program Cycle Partner Budget and Goals:
Maximum Partner Energy Savings Peak Demand
Budget Goal Reduction Goal
(kWh) (kW)
Total $330,000 1,620,000 KWh 38 kW
Incentive: $306,000
*Non-Incentive: $24,000
*(Marketing&Outreach,Technical Assistance and Direct implementation)
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