Loading...
HomeMy WebLinkAboutC-5408 - Agreement to Jointly Deliver the Orange County Energy Leader Partnership Programq0 0 THIRD AMENDMENT l/l v This THIRD AMENDMENT TO THE AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ORANGE COUNTY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM (the "Agreement" or the "Program"), is effective as of January 1, 2016 ("Third Amendment Effective Date"), is entered into by and between SOUTHERN CALIFORNIA GAS COMPANY ("SCG" or "Utility") AND THE CITY OF COSTA MESA, THE CITY OF FOUNTAIN VALLEY, THE CITY OF HUNTINGTON BEACH, THE CITY OF WESTMINSTER AND THE CITY OF NEWPORT BEACH (the "Cities"). SCG and the CITIES 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. RECITALS WHEREAS, the Parties previously executed the Agreement effective January 1, 2010 and subsequently amended the Agreement to extend its term through December 31, 2014 in accordance with the applicable decisions of the California Public Utilities Commission; WHEREAS, on March 26, 2014, the Utility submitted its application ("2015 Application") for the implementation of energy efficiency programs to be delivered to California utility customers for the year 2015, which includes the continuation of the Grange County Cities Partnership Program through 2015 ("2015 Program"). WHEREAS, on October 24, 2014, the Commission issued a Final Decision (D.14-10-046) approving the continuation of the Energy Efficiency Programs through 2015 (the "2015 Program"), and the Parties wish to extend the Agreement through 2015 under the terms and conditions set forth in 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 Orange County Cities Partnership 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 the 2016 Program, and (3) to otherwise update the Agreement as required to reflect the extended 2016-2018 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Except as provided herein, and to the extent applicable, any reference in the Agreement, as amended, to the "2010-2012 Program" shall hereby include the 2013-2014 Program, the 2015 Program and shall also hereby include the 2016 Program. 2. 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 (TERM AND TERMINATION), 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 Agreement) 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 Each 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, the Agreement shall continue in effect until March 31, 2019 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 of the Agreement." 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 fust class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: THE ORANGE COUNTY CITIES: City of Costa Mesa Daniel Baker Assistant to CEO 77 Fair Drive Costa Mesa, CA 92648 Tel: (714) 754-5156 City of Fountain Valley Stacy DeLong Assistant Engineer 10200 Slater Avenue, Fountain Valley, CA 92708 Tel: (714) 593-4443 City of Huntington Beach Energy & Sustainability Projects Manager 2000 Main Street Huntington Beach, CA 92648 Tel: (714) 536-5537 City of Newport Beach Iris Lee Senior Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 Tel: (949) 644-3323 City of Westminster Soroosh Rahbari Building Official 8200 Westminster Blvd. Westminster, CA 92683 Tel: (714) 898-3311, ext. 250 SCG: Southern California Gas Company Ann Teall Energy Programs Advisor 555 W. Fifth Street, GT20B4 Los Angeles, CA 90013-1046 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 Third 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. 7. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit B attached to this Third 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 Third Amendment. In the event of any conflict between the Agreement, as amended, and this Third Amendment, this Third 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 Third Amendment on that party's behalf has the requisite legal authority to do so. [SIGNATURES FOLLOW] IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed by their duly authorized representatives as of the Third Amendment Effective Date. THE CITIES CITY OF COSTA MESA Lo Name: Stephen Mensinger Name: Thomas R. Hatch Title: Mayor Title: CEO Date: Date: 4 CITY OF FOUNTAIN VALLEY By: Name: Bob Hall Title: City Manager Date: CITY OF HUNTINGTON BEACH By: Name: Jill Hardy Title: Mayor Date: APPROVED AS TO FORM: m By: Name: Fred Wilson Title: City Manager Date: CITY OF NEWPORT BEACH: By: Name: Dave Kiff V Title: City Manager Date: 511, APPROVED AS TO FORM: City Attorney Date: 119//6 PU�k ATTEST: 0 J -1j. bvv��— Leilini I. Brown, City Clerk CITY OF WESTMINSTER m Name: Eddie Manfro Title: City Manager Date: SCG: SOUTHERN CALIFORNIA GAS COMPANY: By: to;f Name: Daniel J. Rendler Title: Director, Customer Programs and Assistance Date: EXHIBIT B 2013-18 SCG Orange County Cities Partnership Goals and Budget 2013-2018 Energy Savings (Gross Therm SCG Incentive From SCG Core Programs $240,000 2013-2015 2016 2017 2018 6 Year Total SCG 120,000 40,000 I 40,000 40,000 240,000 Therm OC Cities Partner Authorized Budget Therm Therm Therm Therm $886,750 Other non -resource goals are contained in the SCG PIP in Exhibit A. 2013-2018 SCG OC Cities Partnership 2013-2018 Partnership Total Non -Incentive Budget $886,750 SCG Incentive From SCG Core Programs $240,000 2017 2018 SCG Administrative Other $339,619 SCG Administrative Overhead $42,225 Total Utility Authorized Budget $381,844 SCG Authorized Budget $7,000 Direct Inalementation $201,453 OC Cities Partner Authorized Budget $504,906 $67,151 2013-18 Total Non -incentive Program Budget $886,750 Pro'ected Allocations for OC Cities Authorized Budget $504,906 2013-2015 2016 2017 2018 Administration $30,000 $10,000 $10,000 $10,000 Marketing & Outreach $21,000 $7,000 $7,000 $7,000 Direct Inalementation $201,453 $67,151 1 $67,151 1 $67,151 Note: Incentive is a part of SCG Core Program's Incentive Budget. The incentive level is $1.00 per therm for calculated measures. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs. 10 SM THIRD AMENDMENT THIS THIRD AMENDMENT ("THIRD AMENDMENT') TO THE AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ORANGE COUNTY ENERGY LEADER PARTNERSHIP PROGRAM effective September 13, 2011 (as amended, the "Agreement') is effective as of January 1, 2016 (the "Third Amendment Effective Date") by and between SOUTHERN CALIFORNIA EDISON COMPANY ("SCE"), AND The CITY OF NEWPORT BEACH ("City"). Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCE may be referred to individually herein as the "Utility". The Utility and City may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties previously executed the Agreement effective September 13, 2011 and subsequently amended the Agreement twice to extend its term through December 31, 2015 in accordance with the applicable decisions of the California Public Utilities Commission ("Commission"); WHEREAS, on October 24, 2014, the Commission issued its Decision 14-10-046 approving the continuation of the Energy Efficiency Partnership Programs, consistent with the terms and conditions set forth in the Agreement ("2016 Program"), except as otherwise provided in this Third Amendment; and WHEREAS, the Parties desire to further amend the Agreement as necessary to provide an authorized budget for the 2016 Program and to 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 "2010-2012 Program" shall also hereby include the 2016 Program. 2. 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, 2017, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2016, 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, 2017. 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, 2017 unless otherwise terminated in accordance with this Agreement, as amended. 5. Exhibit B-1 (ENERGY LEADER PARTNERSHIP PROGRAM 2015 GOALS & PARTNER BUDGET) of the Agreement is hereby deleted in its entirety and replaced with the version of Exhibit B-1 (ENERGY LEADER PARTNERSHIP PROGRAM 2016 GOALS & PARTNER BUDGET FOR the City) attached to this Third Amendment, which attached versions are incorporated herein by reference and made a part of the Agreement. 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: City of Newport Beach SCE: Iris Lee Southern California Edison Company Senior Engineer Bernard Adebayo-Ige, Program Manager 100 Civic Center Drive 1515 Walnut Grove Avenue Newport Beach, CA 92660 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 Parry; 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. Upon the agreement of both Parties, this Agreement will be terminated no later than December 31, 2016 and replaced with a Council Resolution which will serve as the formal arrangement between the Parties to engage in partnership activities delivering cost effective Energy Efficiency programs consistent with the state's current energy policies and goals as authorized under the relevant Commission decisions. 8. This Third Amendment may be executed in one or more counterparts and delivered by electronic means, 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. 9. General. From and after the Third 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 Third Amendment. In the event of any conflict between the Agreement, as amended, and this Third Amendment, this Third 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 Third Amendment on that party's behalf has the requisite legal authority to do SO. [SIGNATURES FOLLOW ON NEXT PAGE] IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed by their duly authorized representatives as of the Third Amendment Effective Date. THE CITY: CITY OF NEWPORT BEACH A California Municipal Corporation By: Name Printed: Dave Mff Title: City Manager Date: 71,11 JNA, APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: Dljj���� � ` \ V/ a VA L --- Name Printed: Aaron C. Harp C.4M `210q I 1 Title: City Attorney Date 2 ATTEST: 4 By: jg �<*_ — Name Printed: Leilani I. Brown �� �P() Title: City Clerk te5 Date: Z SCE: SOUTHERN CALIFORNIAXXdSON COMPANY By: a'iw Name Pr nted: Marc Ulrich Title: Vice Pres'deent, Customer Programs and Services Date: ti 5 60 [END OF SIGNATURES] APPROVED RUSSELL C. SWARTZ S►. PradQant and oun f �Y zo EXHIBIT B-1 ENERGY LEADER PARTNERSHIP PROGRAM 2016 GOALS & PARTNER BUDGET FOR Orange County Cities Partnership Pronrams 2016 Program Year Budget Funding and Goals 2016 Partner Bud ett't Budget Category Maximum Partner Budget for 2016 Administrative $5,000 Marketing & Outreach $15,000 Direct Implementation non-incentives$29,000 TBD Total $49,000 In addition to the 2016 Partner Budget shown above, SCE will provide project incentives, technical assistance and strategic plan activities support to achieve program goals up to the funding levels shown below in the 2016 SCE Funding table. 2016 SCE Funding Budget Category Maximum SCE Bud et for 2016 Incentive $318,000 Technical Assistance $15,000 Strategic Plan(2) TBD 2016 Energy Savings Goal Energy Savings kWh 2,026,750 Demand Reduction k 6 Footnotes: (1) "Partner Budget' is utilized by all participating partners within the Partnership. (2) Strategic Plan funding will be determined in 2116 and communicated to Partners. SECOND AMENDMENT 3 THIS SECOND AMENDMENT ("SECOND AMENDMENT") TO THE AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ORANGE COUNTY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM dated January 1, 2010 (the "Agreement" or the "Program") is effective as of January 1, 2015 (the "Second Amendment Effective Date") as defined below by and among SOUTHERN CALIFORNIA GAS COMPANY ("SCG") AND THE CITY OF COSTA MESA, THE CITY OF FOUNTAIN VALLEY, THE CITY OF HUNTINGTON BEACH, THE CITY OF WESTMINSTER and THE CITY OF NEWPORT BEACH (the "Cities"). Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCG and the Cities may be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, SCG and the Cities previously executed the Agreement effective January 1, 2010 and subsequently amended the Agreement to extend its term through December 31, 2014 in accordance with the applicable decisions of the California Public Utilities Commission; WHEREAS, on March 26, 2014, 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 includes the continuation of the Orange County Cities Partnership Program through 2015 ("2015 Program"); WHEREAS, on October 24, 2014, the Commission issued a Final Decision (D.14-10-046) approving the continuation of the Energy Efficiency Programs through 2015 (the "2015 Program"), and the Parties wish to extend the Agreement through 2015 under the terms and conditions set forth in the Agreement; 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: 1. Effective Date and Conditions Precedent to Effectiveness: The "Second Amendment Effective Date" shall be the date by which all of the following conditions precedent have been met: a. All Parties have signed this Second Amendment; and b. The Commission has issued a Final Decision approving the Utility's respective 2015 Program as filed, or in a form acceptable to the Utility in its sole discretion. 2. Except as provided herein, and to the extent applicable, any reference in the Agreement to the "2010- 2012 Program" shall hereby include both the 2013-2014 Program and the 2015 Program. Second Amendment I of 10 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 (TERM AND TERMINATION), 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, 2016, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2015. 4, Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES Each City must submit final invoices to SCG no later than March 31, 2016, 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, 2016 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 of the Agreement. 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 OC Cities: City of Costa Mesa Daniel Baker 77 Fair Drive Costa Mesa, CA 92648 Tel: (714) 754-5156 Email: dbaker@ci.costa-mesa.ca.us City of Fountain Valley Matt Mogensen, Management Analyst 10200 Slater Ave. Fountain Valley, CA 92708 Tel: (714) 593-4412 Email: Matt. MoeensenOfountainvalley.org SCG: Southern California Gas Company Ann Teall, Program Advisor 555 W. Fifth Street, GT20134 Los Angeles, CA 90013 Tel: (213) 244-5843 Email: ateall(a semprautilities.com Second Amendment 2 of 10 City of Huntington Beach Ken Dills 2000 Main Street Huntington Beach, CA 92648 Tel: (714) 375-5055 Email: Wills e surfeit-hb.or. City of Newport Beach Iris Lee, Senior Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 Tel: (949) 644-3323 Email: ILee .newportbeachca.gov City of Westminster Soroosh Rahbari, Building Official 8200 Westminster Blvd. Westminster, CA 92683 Tel: (714) 898-3311, ext. 250 Email: sorooshrna ci.westminster.ca.us 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 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. 8. Exhibit B (2010-12 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM GOALS AND BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the version of Exhibit B (2013-2015 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM GOALS AND BUDGET) attached to this Second Amendment, which attached version is incorporated herein by reference and made a part of the Agreement. 9. 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 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 parry's behalf has the requisite legal authority to do so. Second Amendment 3 of 10 [SIGNATURES FOLLOW] IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized representatives as of the Second Amendment Effective Date. The Cities: CITY O + By: Name Printed: terp en ensinger 'Title: Mayor Date: By: F Name Printed: Thomas R. Hatch Title: CEO Date: Second Amendment If of Im CITY OF FOUNTAIN VALLEY Title: City Manager Date: 11W J I+{' Second Amendment 5 of 10 CITY OF HUNTINGTON BEACH Title: Mayor Date: )-- $ By: Nam*rinte: ilson Title: CiManager Date: F .Ms - APPROVED AS TO FORM BY. .��f ly��` '//zy,.)jf P.- Michael Gate's, City Attorney Second Amendment 6 of 10 CITY OF NEWPORT BEACH By: Name Printed: Dave Kiff Title: City Manager Date: I'Li 0►11'0 %!A APPROVED AS TO rOWj' r l� City attorney o M w Is I ih ATTEST, mh( %►1�GV�-� Leilani 1. Brown, City Clerk Date:. Second Amendment 7 of 10 CITY OF WESTMINSTER ri, Name Printed: Eddie Manfro Title: City Nanagef Date: 7A11115-- Second Amendment 8 of 10 SCG: SOUTHERN CALIFORNIA GAS COMPANY By: Name Printed: Daniel Rendler Title: Director, Customer Programs and Assistance Date: Second Amendment 9 of 10 EXHIBIT B 2013-15 Orange County Cities Partnership Program Goals and Budget 2013-2015 Energy Savings (Gross Therm) $425,641 2014 2013 2014 2015 3 -Year Total SCG 40,000 Therm 40,000 Therm 40,000 Therm ]20,000 Therm Other non -resource goals are contained in the SCG PIP in Exhibit A. SCG 2013-2015 OC Cities Partnership Total Non -Incentive Budget $425,641 2014 SCG Authorized Budget 2013-2014 (Previous) 2015 2013-2015 Tota} Budget $10,000 Marketing & Outreach $7,000 $7,000 SCG Administrative Other $90,687 $62,233 $152,920 SCG Administrative Overhead $12,949 $7,319 $20,268 Total Utility Authorized Budget $103,636 $69,552 $173,188 OC Cities Authorized Budget $168,302 $84,151 $252,453 2013-15 Total Non -incentive Program Budget $271,938 $153,703 $425,641 Projected Allocations for OC Cities Authorized Budget $252,453 Note: 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. Second Amendment 10 of 10 2013 2014 2015 Administration $10,000 $10,000 $10,000 Marketing & Outreach $7,000 $7,000 $7,000 Direct Implementation $67,151 $67,151 $67,151 Note: 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. Second Amendment 10 of 10 SECOND AMENDMENT THIS SECOND AMENDMENT ("SECOND AMENDMENT") TO THE AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ORANGE COUNTY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM dated January 1, 2010 (the "Agreement" or the "Program') is effective as of January 1, 2015 (the "Second Amendment Effective Date") as defined below by and among SOUTHERN CALIFORNIA GAS COMPANY ("SCG") AND THE CITY OF COSTA MESA, THE CITY OF FOUNTAIN VALLEY, THE CITY OF HUNTINGTON BEACH, THE CITY OF WESTMINSTER and THE CITY OF NEWPORT BEACH (the "Cities'). Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCG and the Cities may be referred to herein individually as a "Party' and collectively as the "Parties." RECITALS WHEREAS, SCG and the Cities previously executed the Agreement effective January 1, 2010 and subsequently amended the Agreement to extend its term through December 31, 2014 in accordance with the applicable decisions of the California Public Utilities Commission; WHEREAS, on March 26, 2014, 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 includes the continuation of the Orange County Cities Partnership Program through 2015 ("2015 Program"); WHEREAS, on October 24, 2014, the Commission issued a Final Decision (D.14-10-046) approving the continuation of the Energy Efficiency Programs through 2015 (the "2015 Program"), and the Parties wish to extend the Agreement through 2015 under the terns and conditions set forth in the Agreement; 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: 1. Effective Date and Conditions Precedent to Effectiveness: The "Second Amendment Effective Date" shall be the date by which all of the following conditions precedent have been met: a. All Parties have signed this Second Amendment; and b. The Commission has issued a Final Decision approving the Utility's respective 2015 Program as filed, or in a form acceptable to the Utility in its sole discretion. 2. Except as provided herein, and to the extent applicable, any reference in the Agreement to the 'W10- 2012 Program" shall hereby include both the 2013-2014 Program and the 2015 Program. Second Amendment Iof10 3. 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 (TERM AND TERMINATION), 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, 2016, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2015. 4. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES Each City must submit final invoices to SCG no later than March 31, 2016. 5. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 25.1 Terni. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until lune 30, 2016 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 of the Agreement. 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 OC Cities: City orCosta Mesa Daniel Baker 77 Fair Drive Costa Mesa, CA 92648 Tel: (714) 754-5156 Email: dbakerreDci.costa-mesa.Ca.us City of Fountain Valley Matt Mogensen, Management Analyst 10200 Slater Ave. Fountain Valley, CA 92708 Tel: (714) 593-4412 Email: Mitt.Mo eig isen(fountainvalley.org SCG: Southern California Gas Company Ann Teall, Program Advisor 555 W. Fifth Street, GT20134 Los Angeles, CA 90013 Tel: (213) 244-5843 Entail: ateall a)semprautilities.com Second Amendment 2 of 10 City of Huntington Beach Ken Dills 2000 Main Street Huntington Beach, CA 92648 Tel: (714) 375-5055 Email: kdiIts fetsurfcity-hb.ora City of Newport Beach Iris Lee, Senior Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 Tel: (949) 644-3323 Email: 11-ce@newportbeaclica.gov ,newportbeachca.gov City of Westminster Soroosh Rahbari, Building Official 8200 Westminster Blvd. Westminster, CA 92683 Tel: (714) 898-3311, cxt. 250 Email: sorooshrrrci.westminster.ca.us 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 confinnation 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. 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. 8. Exhibit B (2010-12 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM GOALS AND BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the version of Exhibit B (2013-2015 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM GOALS AND BUDGET) attached to this Second Amendment, which attached version is incorporated herein by reference and made a part of the Agreement. 9. 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 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. Second Amendment 3 of 10 [SIGNATURES FOLLOW] IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duly authorized representatives as of the Second Amendment Effective Date. The Citi" : CITY OF COSTA MESA By: Name Printed: Eric Bever Title: Mayor Date: By: Name Printed: Thomas & Hatch Title: CEO Date: Second Amendment 4 of 10 CITY OF FOUNTAIN VALLEY By: Name Printed: Raymond H. Kromer Title: City Manager Date: Second Amendment 5 of 10 CITY OF HUNTINGTON BEACH BY: Name Printed: Matthew Harper Title: Mayor Date: By: Name Printed: Fred Wilson Title: City Manager Date: Second Amendment 6 of 10 CITY OF NEWPORT BEACH By: Name Printed: Dave Kiff Title: City Manager Date: 12 q) ip1'-C APPROVED AS TO FOWAI? Vl� t,.IiV Attorney M .i �s ATTEST: Lellani I. Brown, Utty UerK Date: Second Amendment 7 of 10 CITY OF WESTMINSTER By: Name Printed: Mitch Waller Title: City Manager Date: Second Amendment 8 of 10 SCG: SOUTHERN CALIFORNIA GAS COMPANY By: Ad, &A& Name Printed: Daniel Rendler Title: Director, Customer Programs and Assistance Date: II 1 Z I f lg Second Amendment 9 of 10 EXHIBIT B 2013-15 Orange County Cities Partnership Program Goals and Budget 2013-2015 Energy Savings (Gross Therm) $425,641 2014 2013 2014 2015 3 -Year Total SCG 40,000 Therm 40,000 Therm 40,000 Therm 120,000 Therm Other non -resource goals are contained in the SCG PIP in Exhibit A. SCG 2013-2015 OC Cities Partnership Total Non -Incentive Budget $425,641 2014 SCC Authorized Budget 2013-2014 (Previous) 2015 2013-2015 Total Budget $10,000 Marketing & Outreach $7,000 $7,000 SCG Administrative Other $90,687 $62,233 $152,920 SCG Administrative Overhead $12,949 $7,319 $20,268 Total Utility Authorized Budget $103,636 $69,552 $173,188 OC Cities Authorized Budget $168,302 $84,151 $252,453 2013-15 Total Non -incentive Program Budget $271,938 $153,703 $425,641 Projected Allocations for OC Cities Authorized Budget $252,453 Note: 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. Second Amendment 10 of 10 2013 2014 2015 Administration $10,000 $10,000 $10,000 Marketing & Outreach $7,000 $7,000 $7,000 Direct Implementation $67,151 $67,151 $67,151 Note: 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. Second Amendment 10 of 10 FIRST AMI`.'NDMENT THIS FIRST AMENDMENT ("FIRST AMENDMENT") TO THE At RE,FAIEINT TO JOENTLY DE'LIVER THE 2010-2012 ORANGE COUNTY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM dated January 1, 2010 (the "Agreemenf'or the "2010-2012 Program") is effective as of the First Amendment Effective Date las defined below) by and among SOUTHERN CALIFORNIA GAS L1110 COMPANY ('SCG') AND THE, crry OF COSTA MESA, THE CITY OF FOUNTAIN VAJ-,LEY, 'IHE CTrY OF HUNT]INGTON BEACH, THE CITY OF WESTMINSTER (the "Cities') and THE CITY OF NEWPORT BEACH. Terms net otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCG and the Cities may be referred to herein individually as a "Parts.' and collectively as the `Parties." KLCITALS WHEREAS, SCG and the Cities previously executed the Agreement effective January 1, 2010; WHEREAS, SCG and the Cities wish to add the City of Newport Beach C"Ncwpmt Beach) as a party to the Agreement and include Newport Beach within in the defined terms of the Parties and the Cities; A'HEREAS, Newport Beach agrees to be bound by all the terms and conditions of the Agreement, and WHEREAS, the Parties desire to enter into this Amendment to add Newport Beach to the Program, WHEREAS, on May 19, 2012, the Commission issued a Decision Providing Guidance on 2013- 2014 Energy Efficiency Portfolios and 2012 Marketing, Education, and Outreach ("Final Quidance Decision") guiding the Utility to continue the 2010-2012 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 Applicatiorf') 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; WHEREAS, on November 13, 2012, the Commission issued a Final Decision approving the 2013-2014 Application as submitted ("Final Dccision"), thereby approving continuation of energy efficiency 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 Agm-intent, 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 exleaded 2013-2014 Program cycle, NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Amendment I I of4 I Newport Beach is hereby added as a Party and an additional City to the. Agreement and is hereby subject to all terms and conditions of the Agreement as of the First Atrendment Effective Bate, as defused i it Section 2 below. 2. Effective Date & Conditions Precedent to tsffectiveness: The "First Amendment Effective Date" shall be the date by which all of the following conditions precedent have been met: a. All Parties have signed this First Amendment; and b. The Cora nission has issued a Final Decision approving the utility's respective 2013- 2014 Application as filed„ or in a form acceptable to the Utility in its sole discretion. 3. 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, 4, Section 1.15 of the Agreement is hereby deleted in its entirety and replaced with the following: 1.15 PIP or Program Implementation Plan: The most recent Commission decision approved and publicly available plan for implementing the Program in each Utility's service territory 5. Section l I of the Agreement its hereby deleted in its entirety and replaced with the following: 11. END DATE: FOR PROGRAM XND ADMPs ISTRATAIEE ACTIVITIES Urdess 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 alI 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. 6. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES Fach City must subinit final invoices to SC 6 no later than March 31, 2015. 7. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 35.1 1 ua?l. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until Juste 30, 2015 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 of the Agreement. S. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the fallowing: 26. WRrFfFN, NOTICES Anv 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: Amendment 1 2 of 4 The OC Cities: City of Costa Mesa Daniel Baker 77 Fair Drive Costa Mesa, CA 92648 Tel: (714) 754.5156 Enaal,. dbakettct caste -mesa ua.us City of Fountain Valley Matt Mogensen, Management Analyst 10200 Slater Ave. Fountain Valley, CA 92708 Tel. (714) 593-4412 Email Matt Gfo_ cr a_t'runtaindalleti.cxrF Civy of Huntington Beach Aaron Klemm 2000 Main Street Huntington Beach, CA 9264€ Tel: (714) 536-5537 Entail: Aaron.Klerani a surfcity-hli o City of Newport Beach Iris Lee, Senior Civil Engineer 3300 Newport Beach Blvd, Newport Beach, CA 92663 TeL (949) 644-3323 Email If ee u'.netix oa tbeazbro"gov_' City of Westminster Soroosb Rahbari, Building Official 8200 Westminster Blvd. Westminster, CA 92683 Tel: (714) 898-3311, ext. 250 Email sPto c>shr„ c u,estatsin,5cer.ca.us SCO: Southern California Gas Company Ann Teall, Program Advisor 555 W. Filth Street, GT20B4 Los Angeles, CA 90013 Tel: (21 3) 244-5843 Email: ateali t t:mprauttliltes.corn 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. PSI` (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. 9_ This First 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, 10. Exhibit A (SOUTHERN CALIFORNIA GAS COMPANY PROGRAM IMPLEAMENTATION PLAIN) and Exhibit B (SC UFFHER.N" CALIFORNIA GAS COMPANY 2010-12 GOALS & Amendment 1 3 of BUDGET FOR OC CITIES) attached to this First Amendment, which attached versions are incorporated herein by refcrence and maiden part of the Agreement. 11, Cicnero, From and atter the First Amendment Effective Date, any reference to the Agreement contained in arty notice, request, certificate or oilier instrument, document or agreement shall be deemed to mean the Agreement, a.; 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 fierce and effect, Each party is Putty responsible for ensuring that the person signing this First Amendment on that party's behalf" has the requisite legal authorityr to do so,. [SIGNATURES FOLLOW 0:4 NEXT PAGE] Amendment 1 4 of4 IN bVITNESS WHEREOF, the Parties hereto have caused this First Amendment to he executed by their duty authorized representatives as of the First Amendment Effective Date, The Cities: CITY OF COSTA MESA. Name: Eric Bever Name: Thomas R. hatch Title: Mayor Title: CEO Date: Date: CITY OF FOUNTAIN VALLEY Name: Raymond H. Kromer Title: City Manager Date: CITY OF HUNTINGTON BEACH Name: Don Hansen Name: Fred Wilson Title: Mayor Title- City Manager Date: Date: Amendment 1 5 of 4 CI'T'Y OF NEWPORT BEACH Name: Dave kiff Title: City Manager Date: l it APPROVED AS TO FORM. City Attorney's Office Name: Aaron C. Harp Title: City attorney Date: A"£°PEST TO: k P, w,. Y Name: Leilani I. Brown Tine: City Clerk Date: r CITY OF WESTMINSTER Nance. Mitch 4Yaller Title. City, Tanager Date. ,amendment 1 6 of SCC:: SOUTHERN CALIFORNIA GAS COMPANY By: Name Printed: Gillian Wright Title: Director, Customer Programs Date: 201:3 Amendment 1 7 of 4 PROGRAM IMPLEMENTA'T'ION PLAN 1) Program Name and Program ID number Program Name: Orange County Cities Partnership Program ID Number. TBD 2) Projected Program Budget Table Table I I These budget numbers are presented in Appendix 0 Energy Division Tables, Graphs Pie Charts: Table 7.1 - 2005.2011 IOU Strategic Planning Program Budget 3) Projected Program Gross Impacts Table INfirallon of Table t Column W"ngs Total_ 6:a1 a is the sum of all other Ccrrnns presented here Total Adn"strative Goal mciudes all Managerd and Clerical t-bcu, Human Rescwrce Support and Development Travel and Conference Face, and Ganem and Adwirialrafive Ovadread Qatar and }. Total Direca tmokrtrantalon— includes all fitandei incentives used to promote partlGipation m a program and the cost of all drect labor, installation and sendca labor, hardware and materials, and rebals processing and inspection used to promote participation In a program. Totat Mrketirm 8 Outreach includes all meda buy costs and labor associated with matkettrg production. Integrated qd to O.Ow Programs; incttrdes budget tKized to carmlinate win other EE, OR, or OG program, Tula}6udaetIsthe sum of al otherodumns presented here Definition of Srib Program: A'sub•pmgmm` of a program has a spec& title: targets; budget uses a unitlue delivery or marketing approach not used across the entire program; and for raw= programa, has specific oslmated savings and demand hpads. 2010-12 Orange County Cities Partnership Program Agreement 23 t t t 14 f, bra int ��`,A��kt 3t rtt � 14V iP�t�vS t �^14;�a�a a.. .�. M1x .` @ t}, 'act v `t �x. ° ,f• 1 i ��iX�r x.�t4ll `Ftc lnhfi. These budget numbers are presented in Appendix 0 Energy Division Tables, Graphs Pie Charts: Table 7.1 - 2005.2011 IOU Strategic Planning Program Budget 3) Projected Program Gross Impacts Table INfirallon of Table t Column W"ngs Total_ 6:a1 a is the sum of all other Ccrrnns presented here Total Adn"strative Goal mciudes all Managerd and Clerical t-bcu, Human Rescwrce Support and Development Travel and Conference Face, and Ganem and Adwirialrafive Ovadread Qatar and }. Total Direca tmokrtrantalon— includes all fitandei incentives used to promote partlGipation m a program and the cost of all drect labor, installation and sendca labor, hardware and materials, and rebals processing and inspection used to promote participation In a program. Totat Mrketirm 8 Outreach includes all meda buy costs and labor associated with matkettrg production. Integrated qd to O.Ow Programs; incttrdes budget tKized to carmlinate win other EE, OR, or OG program, Tula}6udaetIsthe sum of al otherodumns presented here Definition of Srib Program: A'sub•pmgmm` of a program has a spec& title: targets; budget uses a unitlue delivery or marketing approach not used across the entire program; and for raw= programa, has specific oslmated savings and demand hpads. 2010-12 Orange County Cities Partnership Program Agreement 23 These budget numbers are presented in Appendix Cz Energy Division Tables, Graphs Pie Charts: Table 7.1 - 2009 - 2011 IOU Strategic Planning Program Budget 4) Program Element Description and Implementation Plan a) List of Rmawn elements Program elements are described below. b) Overview' Core ,Program Element A - Government Facilities A.S. Retrofit of county and municipal facilities The four cities in the Orange County Partnership are developing detailed lists of facilities that will be retrofitted during the three-year program Many of #hese faci#kies and their respective energy savings have been identified and quantified. Other buildings have been audited by the CEC, and the Partnership is awaiting the CEC's reports. Municipal facilities energy efficiency is a big component of Huntington Beach's local govemmixt partnorshlp. It will consist of numerous projects in 2 phases. Phase i consists of Monitoring Based Commissioning of the 2 largest municipal facilities in the City and IT energy saving retrofits such as server virtualization, network energy management software and HVAC retrofits of server rooms,. Phase 2 energy projects will consist of lighting system redesign & retrofits, HVAC retrofits, Pumping retrofits, boiler retrofits, domestic hot water, and building envelope improvements. A.2. Retro-coommissiouing Wbuild€ngs and clusters of buildings) The cities are including this means of achieving significant energy savings in their plans. See A. i above. A.3. Integrating Demand Response into the audits SCG will help promote participation in demand response programs. Each city plans to increase its participation in demand response accordingly. Integrated EFJDR audits will be conducted in eligible facilities. A.4. Technical Assistance for project management, training, audits, etc. . Each partnership has a specific budget for each of these activities. A,5).Ou-Bill Financing 2010-12 Orange County Cities Partnership Program Agreement 24 Each city in the partnership has indicated a keen interest In using On -bill financing (OBF). The extent of participation in OBF will be limited only by the according to OBF guidelines approved by the CPUC. Core Program Element B - Strategic Plao Support BA Code Compliance Support The Partnership will support the infivkhatl cities as they examine ways to increase compliance with existing codes. Each partner is aware that this is an area where increased enforcement can result in substantial energy savings and greenhouse gas enrissions. The partnership will provide training, technical assistance and additional support from SCE's, and SCG's Codes and Stamdards program to help build capacity in local government to address code compliance issues. B.2), Reach Code The cities in this Partnership are also interested in establishing meaningful reach codes as part of its effort secure long term energy savings and greenhouse gas emissions in support of the CLTEESP. The Painters will consider what other cities have done and will benefit from process, templates and other best practices. See Table 6for more details. B.3). Guiding Document(s) Support At least one of the cities offers information at the city's building permit office on best practices and energy efficiency opportunities through the utility's programs. Significant enha icemems to this practice are planned for the 2049 —2011 program cycle. The Partnership intends to make available training, documents and templates to help cities develop their climate and cnergy action plans, especially as it relates to utility energy elements . B.5) Financing for the community The Partners are aware of the opportunities for financing provided by All 811 and will be examining its possibilities. The Partnership will provide AB811 presentation and technical assistance through the Peer-to-peer support network. B.5) Peer to Peer Support IOUs intend to develop an effective means by which each city participating in partnerships, past and present, can readily share information with others. Conference calls including all Parmerships as well as conferences wilt be conducted on a routine basis. Core Program Element C - Core Program Coordination CA) . Outreach and Education The partnership has a portion of its budget specifically allocated to outreach and education to demonstrate local government leadership and to provide the community with opportunities to provide energy actions and reduce the community's environmental footprint. ME&O activities will consist of staff training, Huntington Beach Green Corp citizen & Environmental Board training, SCE's Mobile Education Unit at the Annual Green Expo, Stipends for HE Green Corp home and business energy & green audits & onsite retrofits, Support for Huntington Beach's annual environmental awards, publishing of Huntington Beach's case studies and strategic sustainability and energy plans and potentially implementing an AB 811 financing mechanism for citizens of Huntington Beach. C.2) Residential and Small Business Direct Install 2010-12 Orange County Cities Partnership Program Agreement 25 There are no activities planned for direct install in homes and business at this time. However, outreach will be done in the communication to create awareness of energy services and programs as mentioned in C.1. C.3.) Third -party Program coordination The Partnership will execute community events appropriate for a third party contractor to execute, such as light exchange events. C,4) Retrofits for just -above LiEE qualitled customers Only coordination activities contemplated. C.5 Technical Assistance Per program management, training, audits, at- -a specific portion of the partnership budget is allocated specifically for this activity. See Table 6 for more details. c) Non -incentive Services, • Tram Huntington Beach Green Corps of citizen volunteers to provide energy efficiency audits for residential, small commercial and low-income citizens of Huntington Beach, provide stipends to riftet background checks and expenses. • Study & consider volrm my "reach" green codes, similar to the HB Goes Green Residential Scorecard that is currently In a pilot project made. • Support for the annual Bnvirounicrital Award • Publishing case studies and sustaftudi lity and energy/climate plans with support from available programs and finding somees. • Strategic plan support. The city of Costa Mesa would like to extend its existing green building pen ui waiver program. d)orgetaudionce • All Municipal Facilities: City Halls, Civic Center, Police Departments, Libraries, Social Services, Community Centers, Sports Fields, Medical Facilities, Parks, and water infeastructure. • Additionally, citizens and businesses and city stature the target audience for partner cities. e) IMplementat o The program will be cost-effectively implemented with customized incentives for the retro - commissioning and retrofitting of partner cities` municipal facilities based on SCG enhanced incentives for LOPS. 5) Program Element Rationale and Expected Outcome a) Quantitative Baseline and Market Transfurmatimilpformation `cable 3 Baseline Metric Metric A Metric B Metric C Pro lenient Refer to the overarching PIP section b) Market TraxisformLm lrti'ormL- 2010-12 Orange County Cities Partnership Program Agreement 26 Table 4 Market Transformation Plantain Estimates RM&ramMement 2009 2010 2013 Metric A Metric B Metric C Etc. Refer to the overarching PIP section c) Program Dosign to Overcorpe Barrigg In this Partnership, the barriers and strategies to overcome them are the traditional resource barriers of expertise and funding as outlined in the Maxtor PIP. d) Ongntttativc Promm {)bjectrves: Table S B) Other Program Element Attributes a) Best Pract9m Same as outlined in the Master PIP. b) Innovation Demonstrate environmental stewardship and community leadership in support of the CLTEESP by developing a municipal sustainability dashboard to simplify sustainability reporting including energy efficiency and renewable energy, c) Interagency Coon, ins' n Huntington Beach is a PIER program partner and is planning on installing Bi -level area lights and Enforma diagnostic software. Huntington Beach has a materials recovery facility in its jurisdiction, and will be partnering to develop a RESCO grant proposal for the CEC utilizing indigenous renewable energy resources in Huntington Beach. The partnership will provide technical assistance and other support though the Codes and Standards program and its relationship with PIER as well as facilitate support from other programs and organizations through its network of consultants, engaged for this purpose. d) IniegratedtcoordinatedDamand Side Manaeement 2010-12 Orange County Cities Partnership Program Agreement 21 Program Program Program Target by Target by Target by Target Pram Element 2009 2010 2011 ! Natural t7as Savings fOress Therm}, 40000 80 600 32 000 2 Number of Worksho TBD TBD TBD 3 . Number of Ordinances, C etc. __. TBD TBD TBD 4 # of ME&O Events conducted that target TBD TBD TBD Residential customers B) Other Program Element Attributes a) Best Pract9m Same as outlined in the Master PIP. b) Innovation Demonstrate environmental stewardship and community leadership in support of the CLTEESP by developing a municipal sustainability dashboard to simplify sustainability reporting including energy efficiency and renewable energy, c) Interagency Coon, ins' n Huntington Beach is a PIER program partner and is planning on installing Bi -level area lights and Enforma diagnostic software. Huntington Beach has a materials recovery facility in its jurisdiction, and will be partnering to develop a RESCO grant proposal for the CEC utilizing indigenous renewable energy resources in Huntington Beach. The partnership will provide technical assistance and other support though the Codes and Standards program and its relationship with PIER as well as facilitate support from other programs and organizations through its network of consultants, engaged for this purpose. d) IniegratedtcoordinatedDamand Side Manaeement 2010-12 Orange County Cities Partnership Program Agreement 21 Orange County cities will pursue necessary & cost-effective DSM as identified in the SCE's Energy Leader Master PIP and have identified at teat 5 accounts that are eligible for participation in Dormand Response programs. The partnerships will facilitate the provision of technical support for renewable energy-related activities being planned by the City ofHuntivgton Beach and other cities wishing to pursue similar opportunities. Himerigton Beach will apply for aRESCO grant from the CHC and Federal government to utilize indigenous renewable energles. . e) Integration across resource types (energy, water, air quality, etc) Part of the Phase 2 energy projects identified earlier will include smart irrigation controllers for the irrigation accounts that use significant smounts ofwator. . fi PIER program th-level LED area lighting and Enfotma diagnostic software in the City of Huntington Beach is currently o New city buildings, Chamber of Commerce and Police Building, will be LEED Certified in Costa Mesa. g) EM&V The utilities are proposing to work with the Energy Division to develop and submit a comprehensive EM&V Plan for 2009-2011 after the program implementation plans are filed. This will include process evaluations and other program -specific studies within the context of broader utility and Energy Division studies. More detailed plans for process evaluation and other program -specific evaluation efforts cannot be developed until after the final program design is approved by the CPUC and in many cases after program implementation has begun, since plans need to be based on identified program design and implementation issues 7) Partnership Program Advancement of Strategic Plan Goals and Objectives Table 6 1-1: Develop, adopt and implement model building energy codes (and/or other green Codes) more stringent than Tide 24's requirements, on both a mandatory and voluntary basis; adopt one or two additional tiers of increasing stringency. 1-2: Establish expedited permitting and Costa Mesa wit I consider expedited permitting entitlement approval processes, fee structures based upon reduced valuation In 2009, and other incentives for greets buildings and other above -code devote eats. 1-3; Develop, adopt and implement model point-of-sale and other point -of transactions rel in on building ratings. 14: Create assessment districts or other _ _ Huntington Beach will investigate the adoption mechanisms so property owners can find BE of an AB g 11 financing mechanism for its through city bonds and pay off on property jurisdiction tares. develop other BE financing tools.. 1-5: Develop broad education program and peer-to-peer support to local govt's to adopt and implement model reach codes 2010-12 Orange County Cities Partnership Program Agreement 28 1-6:Link emission reductions from "reach" m codes and promms to ARWs AB 32 2-2- Dramatically unpproYBro co—mp[i i{� and enforcement afTitle 24 btatding code, and of HVAC permitting and inspection raprIre main; (including focus on load peak r�inotiions in inland areas). 2-3. iaical inspectors and contractors hired by Huntington Beach already has two energy local governments shall meet the requirements service companies pre -qualified and they are of the erWgy component of thein professional energy literate and conscious firms. licensing (as such energy components are Additionally, Costa. Mesa has a service adopted). agreement with a certified energy company that is also energy literate 3-1r Adopt specific goals for effoiency of Huntington Beach will be publishing an local government buildings, including; environmentally preferred purchasing policy and publishing enorgylchrnate pians as part of the 2004-2013 Partnership with SCE. Additionally, Costa Masa is also Interested in u6l1shi an MaW action plan in Partnership. 3.2:Require commissioning new bin logs, Phase I energy project; are retro - and re commissioning and retro- commissioning of existing buildings, commissioning the two largest municipal facilities with significant near term energy savings. The City of Costa Mesa has a high interest in retro -commissioning all its current municipal facilities to maximize both energy savinn and oerlbmrence. -4: Explore creation of line item in LO Huntington Beach has devoted a portion of its budgets or other options that allow EE cost savings to be returned to the department and(or annual capital improvement plan to energy pro,tbets that pprovided the savings to fund efficiency and the savings accnro to the general fund. However, of the energylolimate additional ef&ciency. part action plan will track the fiscal impacts (savings) created b the plan. 3-5:: Develop inovation Incubator that Gcompetitively selects initiatives for inclusion in LG allot prolecm 4.1: L s commit to clean energy climate Both the City of Costa Mesa and Huntington change leadership. Beach have located appropriate shos for large scale solar installations and both cities are exploring current funding mechanisms. Huntington Beach is also applying for grants to study recall & urban wind power and will meet 2020 AB 32 goals before 2015. HB has signed the US Mayors Climate protection Agreement, but Wwww.usmayors.otpjchmate rntectiont 2: Usaoca meats' gene Pan Huntington Beach has deferred investment in energy and adrer elomonts to promote energy general plan updates to include enorgylclimate efficiency, sustainability and climate change, concerns 44: Develop local protects that integrate Phase 2 energy projects will include water EEIDSMlwaterlwastewater end use efficiency projects, including aerators and ET irrigation controllers. Additionally, as wastewater, stomtwater and potable water 2010-12 Orange County Cities Partnership Program Agreement 29 2010-12 Orange County Cities Partnership Program Agreement 30 capital projects are pursued this partnership with SCE, and SCG Will ensure that they are as energy efficient as RoSsible. Develop EE -related "cutrots" and Huntington Beach is studying zoning and "sticks" using focal zoning and development authority development authority changes to comply with AB32188375, Specifically we arc updating the Beach/Mager Corridor pians and the Downtown Specific plan to create accessible and walkable neighborhoods that enhance RuatiaRton Beach. 2010-12 Orange County Cities Partnership Program Agreement 30 2010-12 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM GOALS AND BUMET 2010-2012 Enemy Savin Gross The 465 2014 2011 2012 3 oar Total SCO 40;000 Therm 40,000 Therm 40,000 Therm 120,000 Therm Other non -resource goals are contained in the SCO PIP in Exhibit A. 2010-12 Orange County Cities Partnership Budget Orange County Cities Partnership Total Non•Incentive Bydjett 465 SCG Incentive Prom SCG Core Programs l $I20 OQO SCG Authorized Budget � �__ SCG Administrative Other $105,083 $12,000 SCG Administrative Overhead $442927 __ $12000 Total Utility Authorized Budget$150Oi0 $12150 $12155 $12150 Oraa a CounCities ized B Authorudget „_ $252,455 $60000 $60,000 S60000 2010-12 Total Nan-ineantiye Program Bud et$402,465 40,000 Protected Allocations for orange County Cities Authorized Budgets 5252,455 (1) Incentive is a }tart of SCG Core Program's Incentive Budget. The incentive level is $1.00 per therm for calculated measures. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs. 20 10- 12 Orange County Cities Partnership Program Agreement 31 2010 2011 2012 Adminis#ratian���ry � �__ Strategic Pian Support $12,000 $12 000 __ $12000 Marlwfing AOutreach $12150 $12155 $12150 Direct Int lcmentation $60000 $60,000 S60000 _ .�_. Incentive�m 40,000 $4%W $40 000 (1) Incentive is a }tart of SCG Core Program's Incentive Budget. The incentive level is $1.00 per therm for calculated measures. Incentives for deemed measures are in accordance with the incentive levels for the applicable SCG Core Programs. 20 10- 12 Orange County Cities Partnership Program Agreement 31