HomeMy WebLinkAboutContracts & Agreements_23-2016 SECOND AMENDMENT
TO
JOINTLY DELIVER THE 2013-2014 REDLANDS
ENERGY EFFICIENCY PARTNERSHIP PROGRAM
This SECOND AMENDMENT TO THE AGREEMENT TO JOINTLY DELIVER THE 2013-
2014 REDLANDS 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 THE CITY OF REDLANDS ("THE CITY"). SCG and THE CITY 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 Redlands 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 Program for 2016 and beyond; and
WHEREAS, the Parties desire to amend the Agreement (1) to extend its term through
December 31, 2018, (2) to provide an authorized budget for 2016-2018, and (3) to otherwise
update the Agreement as required to reflect the extended Program for 2016-2018.
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 2016-2018 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."
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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 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: SCG:
City of Redlands Southern California Gas Company
Chris Boatman, Director of Quality of Life Jeff Lawler
PO Box 3005 Program Manager
35 Cajon Street, Suite 222 555 W. Fifth Street GT20134
Redlands, CA 92373 Los Angeles, CA 90013
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."
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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
instruinent.
7. 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.
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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 ren-iain 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.
THE CITY:
CITY OF REDLANDS:
By
Narne: Paul W, Foster
Title: Mayor, City ofRedlands
Date:
ATTEST:
Sam Irwin, City Clerk
SOCALGAS:
SOUTHERN CALIFORNIA GAS COMPANY:
Name
Title:- iroctt £ rorrrrrf�r�artians c '% '
Date:
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EXHIBIT B
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EXHIBIT B
REDLANDS and SOUTHERN CALIFORNIA GAS COMPANY PARTNERSHIP
2013-2018 GOALS & PROGRAM BUDGET
Natural Gas Savings Target:
2013-2015 2016 2 1 1 2018 6 Year Total
SCG 5,10OTherms 1,700 Therms 1,700 Therms 1,700 Therms 10,200 Therms
Other non-resource goals are contained in the SCG PTP in Exhibit B-2
2013-18 SCG REDLANDS El nergy Partnership
2413-2018 REDLANDS Total Non-Incentive Budget $367,930
SCG Incentive From SCG Core Pro rams ' $10,200
SCG Authorized Budget
SCG Administrative Other $242,409
SCG Administrative Overhead $17,521
Total Utility Authorized Budget $259,930
REDLANDS Authorized Budget ( $108,000
2013-18 Total Non-incentive Program Brad et ( $367,930
Projected Allocations for REDLANDS PartnershiR Authorized Budget$108,000
2013-2015 2016 2017 -1 2018
Administration - -
Marketing& Outreach $21,000 1 $7,000 $7,000 $7,000
Direct Implementation $33,000 1 $11,000 $11,000 $11,000
Incentive 0) $5,100 $1,700 $1,700 $1,700
I 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.
Unspent funding from 2€313-2015 may be used with the 2016 approver!budget.
2013-2018 Redlands Energy Partnership