HomeMy WebLinkAbout04 - OB-1 - Energy Leadership Partnership between So - 4/20/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: April 20, 2010
ITEM NUMBER:
SUBJECT: Energy Leadership Partnership between Southern California Gas Company
and the City of Costa Mesa for 2010-2012
DATE:
April 8, 2010
FROM:
City Manager's Department/Administration
PRESENTATION
Thomas R. Hatch, Assistant City Manager
BY:
Daniel K. Baker, Management Analyst
FOR FURTHER INFORMATION CONTACT: Dan Baker, 714-754-5156
RECOMMENDATION:
Staff recommends that the Mayor and the City Council:
1. Adopt Resolution No. entitled, "A Resolution of the City Council of the
City of Costa Mesa, Declaring Support for an Energy Partnership between the
Southern California Gas Company and the City of Costa Mesa."
2. Authorize the City Manager to execute an Energy Partnership Agreement
between the City of Costa Mesa and the Southern California Gas Company for
2010-2012.
BACKGROUND:
At the April 6, 2010 City Council meeting, a few questions were raised regarding certain
language in the Energy Leadership Partnership Agreement between the Southern
California Gas Company and the City of Costa Mesa for 2010-2012, specifically the
language in table six on pages 28 and 29 of Exhibit A of the attached agreement. It is
important to note that table six lists actual strategies that are outlined in the State of
California Long Term Environmental Strategic Plan. The strategies listed are just a few
of the ways that municipalities can reach their long term energy goals that have been
put into place by AB 32 and SB 375 legislation.
Currently, Costa Mesa has no actual City Council approved projects that would create
energy efficiency in the use of natural gas. By entering into this agreement, it will allow
the City and its energy partners an opportunity to work as a team to find common
projects with Southern California Gas that will maximize the City's energy savings as it
relates to natural gas. All projects discussed and agreed upon between the City of
Costa Mesa and its energy partners will be brought before the City Council for review
and approval before any work is to proceed.
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ANALYSIS:
One of the questions raised is Strategy 1-4 relating to the creation of assessment
districts or other mechanisms so that property owners can fund energy efficiency
projects through the use of bonds with the ability to make payments to the loans on their
property tax bills. To clarify the issue, the County of Orange has collaborated with a
number of different cities to make AB 811 funding a reality for the citizens of Orange
County. The County has set up an AB 811 district that will allow individual homeowners
in participating cities to utilize their specific property tax bill as a secured method to pay
for energy efficiency improvements. This would be a voluntary program and individual
residents may decide if they would like to participate. The program is in its initial stages
and will require all local cities to sign an agreement with the County to allow its citizens
to participate in the program. It is anticipated that the Costa Mesa City Council will
review and consider participation in the program in the near future. It will require an
agreement approved by the City Council before this service could be offered to Costa
Mesa residents.
The other strategies at issue are 4-1 through 4-5 on pages 29 and 30 of the Agreement.
It is important to note that while these strategies detail specific issues relating to solar
installations, climate change, and energy related "carrots" and "sticks", the City of Costa
Mesa has no current projects that meet these strategies. These strategies are merely
guidelines for the City and its energy partners to consider in an attempt to meet
California's long-term energy goals. Should the City and its energy partners agree upon
specific projects related to not only these strategies, but all strategies listed in the
agreement, they will first be presented to the City Council for approval before
implementation.
The Development Services Department has been engaged in discussions with other
jurisdictions relative to AB 32 and SB 375 to understand exactly what is included in the
new regulations and what would be needed to comply with any requirements. These
discussions are on-going and Planning staff will continue to stay on top of these issues
and advise the City Council of any specific actions needed at the appropriate time. If
another member city of our partnership decides to move forward with any projects
related to AB 32 or SB 375, this will not bind the City of Costa Mesa in any way.
The Agreement under consideration by the City Council is only focused on ways we can
work with our energy partners to create energy efficiency as it relates to the use of
natural gas.
ALTERNATIVES CONSIDERED:
To not enter into the Energy Partnership with SCG. At this point, the other three cities
in our partnership have approved this agreement with SCG.
FISCAL REVIEW:
An initial amount of $4,000,000 has been allocated to the Orange County Energy
Partnership of the cities of Costa Mesa, Huntington Beach, Fountain Valley and
Westminster. By entering into this agreement, the City of Costa Mesa will directly benefit
from thousands of dollars or more in funding to supplement our energy efficiency goals.
E
LEGAL REVIEW:
Legal has reviewed the documents and approved them as to form.
CONCLUSION:
Partnering with SCG will allow Costa Mesa to achieve both immediate and long-term
energy savings and demonstrate energy efficiency leadership in the community while
helping residents and businesses achieve sustainable reductions in energy use within
SCG service territory.
THOMAS R. HATCH
DANIEL K. BAKER
Assistant City Manager Management Analyst
ATTACHMENTS: 1 City Council Staff Report —April 6, 2010
2 Energy Partnership Resolution
3 Southern California Gas Partnership Agreement
3
ATTACHMENT
CITY COUNCIL AGENDA REPORT
MEETING DATE: April 6, 2010 ITEM NUMBER:
SUBJECT: Energy Leadership Partnership between Southern California Gas
Company and the City of Costa Mesa for 2010-2012.
DATE: March 30, 2010
FROM: City Manager's Department/Administration
PRESENTATION Thomas R. Hatch, Assistant City Manager
BY: Daniel K. Baker, Management Analyst
FOR FURTHER INFORMATION CONTACT: Dan Baker, 714-754-5156
RECOMMENDATION:
Staff recommends that the Mayor and the City Council:
1. Adopt Resolution No. entitled, "A Resolution of City Council of the City
of Costa Mesa, Declaring Support for an Energy Partnership between the
Southern California Gas Company and the City of Costa Mesa."
2. Authorize the City Manager to execute an Energy Partnership Agreement
between the City of Costa Mesa and the Southern California Gas Company for
2010-2012.
BACKGROUND:
Just like the City of Costa Mesa's Energy Partner Southern California Edison, the
Southern California Gas Company (SCG) on March 2, 2009, submitted an Application
for Approval of 2009-2011 Energy Efficiency Programs to the California Public Utility
Commission (PUC), to be delivered to SCG customers for the years 2010 through 2012.
Part of the application requires that SCG partner with local municipalities which includes
the cities of Costa Mesa, Huntington Beach, Fountain Valley and Westminster.
On October 1, 2009, the PUC authorized certain energy efficiency programs and funds
which included the SCG Local Government Partnership Program to be delivered to
SCG customers for the years 2010 through 2012.
Partnering with SCG and the cities of Westminster, Fountain Valley and Huntington
Beach will allow Costa Mesa to achieve both immediate and long-term energy savings
in each city's respective facilities and demonstrates energy efficiency leadership in the
communities while helping residents and businesses achieve sustainable reductions in
energy use within SCG service territory.
1
The funds utilized for these activities are Gas Surcharge funds that SCG is required to
collect by the PUC. SCG administers these funds with PUC oversight in projects that
reduce energy needed to provide services. This new Agreement will provide additional
funds to the City when investing in energy savings projects for city facilities.
Additionally, it will leverage the effectiveness of existing and planned Capital
Improvement Program projects that seek to make city facilities and infrastructure more
energy efficient.
This Agreement requires that the City Council adopt a Resolution supporting the City's
participation in the program, including authorization to enter into the Agreement for the
2010-2012 period.
ANALYSIS:
The Agreement will assist the City by providing better information about how to prioritize
energy efficiency upgrades, reduce annual maintenance costs, increase cost savings,
conserve resources and reduce green house gas emissions. Additionally, it allows the
City to gain access to approximately $3.1 billion dollars in State-wide funding provided
by the California Energy Commission.
The overall program strategy is to partner with SCG to provide energy information, and
to identify and implement sustainable energy efficiency activities and projects. The City
and SCG will leverage the strengths of each of the partners to cost effectively deliver
energy and demand savings. If approved, this Agreement will allow the City to be
reimbursed for therms saved for municipal retrofit projects and a host of other related
energy efficiency activities.
ALTERNATIVES CONSIDERED:
Not enter into the Energy Partnership with SCG.
FISCAL REVIEW:
An initial amount of $4,000,000 has been allocated to the Orange County Energy
Partnership of the cities of Costa Mesa, Huntington Beach, Fountain Valley and
Westminster. By entering into this Agreement, the City of Costa Mesa will directly benefit
from thousands of dollars in funding to supplement our energy efficiency goals.
LEGAL REVIEW:
Legal has reviewed the documents and approved them as to form.
E
Conclusion:
Partnering with SCG will allow Costa Mesa to achieve both immediate and long-term
energy savings and demonstrate energy efficiency leadership in the community while
helping residents and businesses achieve sustainable reductions in energy use within
SCG service territory.
THOMAS R. HATCH
Assistant City Manager
RMU . Com . inz
Management Analyst
ATTACHMENTS: 1 Energy Partnership Resolution
2 Southern California Gas Partnershia Aareement
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ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA DECLARING SUPPORT FOR AN
ENERGY PARTNERSHIP BETWEEN THE SOUTHERN
CALIFORNIA GAS COMPANY AND THE CITY OF COSTA MESA
WHEREAS, the Mayor and the City Council adopted Resolution No. to
participate in the California Energy Commission's Partnership program; with the goal to
support energy efficiency initiatives, and to improve the energy efficiency of City
equipment and buildings; and
WHEREAS, the City of Costa Mesa has partnered with the cities of Westminster,
Huntington Beach, and Fountain Valley to form the Orange County Cities Energy
Efficiency Partnership to promote energy efficiency initiatives, policies, and construction
standards in order to ensure that the City of Costa Mesa follows and encourages best
practices in energy efficiency; and
WHEREAS, there is a national movement to incorporate energy efficiency into
our everyday business practices to create more sustainable and "greener" cities, and it
is vital for our community to keep dollars local and to encourage innovations in the way
we build, purchase material and use our available resources; and
WHEREAS, City Staff and the Energy Committee of the City of Costa Mesa have
identified programs within Southern California Gas' 2010-2012 Local Government
Energy Action Partnership Program as being consistent with the City's customer service
goals; and provide funding to implement energy efficiency projects identified through the
Energy Partnership Program.
NOW, THEREFORE BE IT RESOLVED that the Mayor and City Council of the
City of Costa Mesa support a commitment to sustainable practices through energy
efficiency, and to provide leadership in promoting and facilitating such practices in the
community.
BE IT FURTHER RESOLVED that the Mayor and City Council of the City of
Costa Mesa support and endorse the 2010-2012 Local Government partnership as an
effective method to help meet community economic and environmental goals, and to
identify and recognize City Agencies and local non -profits that utilize the programs
encompassed by the Southern California Gas' Local Government Partnership.
PASSED, APPROVED, and ADOPTED this day of April, 2010, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ALLAN MANSOOR, MAYOR
ATTEST:
JULIE FOLCIK, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA)
I, JULIE FOLCICK, hereby certify that I am the duly appointed City Clerk of the
City of Costa Mesa and that the foregoing resolution was duly adopted at an adjourned
regular meeting of the City Council of the City of Costa Mesa held on the day of
April, 2010.
Julie Folcik, City Clerk
ATTACHMENT 3
AGREEMENT TO JOINTLY DELIVER THE 2010-2012
ORANGE COUNTY CITIES ENERGY EFFICIENCY PARTNERSHIP PROGRAM
BY AND AMONG
THE CITY OF COSTA MESA
THE CITY OF HUNTINGTON BEACH
THE CITY OF FOUNTAIN VALLEY
THE CITY OF WESTMINSTER
AND
SOUTHERN CALIFORNIA GAS COMPANY
DATED: January 1, 2010
This program is funded by California utility ratepayers And administered by the Utilities under the
auspices of the California Public Utilities Commission.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
THIS AGREEMENT TO JOINTLY DELIVER THE 2010-2012 ORANGE COUNTY CITIES
ENERGY EFFICIENCY PARTNERSHIP PROGRAM (the "Agreement") by and among the City of
Costa Mesa, the City of Fountain Valley, the City of Huntington Beach, the City of Westminster (the
"Cities") and Southern California Gas Company ("SCG"), is effective as of January 1, 2010 ("Effective
Date"). SCG and the Cities may be referred to herein individually as a "Party" and collectively as the
"Parties."
WHEREAS, on July 21, 2008, as amended on March 2, 2009, SCG submitted the Application
("Application") for Approval of 2009-2011 Energy Efficiency Programs to the California Public Utilities
Conunission (the "Coilunission") to be delivered to SCG customers for the years 2009 through 2011,
which included the SCG Local Government Partnership Program in which SCG will work with cities,
counties, and other local government organizations to deliver the 2010-2012 Orange Cities Energy
Efficiency Partnership Program (the "Program") in the Cities within SCG service territory;
WHEREAS, on October 1, 2009, the Commission in D.09-09-017 authorized certain energy
efficiency programs and budgets which include the SCG Local Government Partnership Program to be
delivered to SCG customers for the years 2010 through 2012, including the Program;
WHEREAS, the Cities has expressed commitments, and has qualified, to participate in the
Program, allowing the Cities to achieve immediate and long-term energy savings in their own facilities
and to demonstrate energy efficiency leadership in their communities while helping residents and
businesses achieve sustainable reductions in energy use within SCG service territory;
WHEREAS, the Program is designed to encompass several local government jurisdictions that
include City of Costa Mesa, City of Fountain Valley, City of Huntington Beach and City of Westminster
(the "Cities");
WHEREAS, the Parties desire to enter into an agreement that supersedes any and all previous
agreements, and sets forth the terms and conditions under which the Program shall be implemented with
respect to the Parties.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. DEFINITIONS
All terms used in the singular will be deemed to include the plural, and vice versa. The words
"herein," "hereto," and "hereunder" and words of similar import refer to this Agreement as a whole,
including all exhibits or other attachments to this Agreement, as the sante may from time to time be
amended or supplemented, and not to any particular subdivision contained in this Agreement, except as
the context clearly requires otherwise. "Includes" or "including" when used herein is not intended to be
exclusive, or to limit the generality of the preceding words, and means "including without limitation."
The word "or" is not exclusive.
1.l. Agreement: This document and all exhibits attached Hereto, and as amended from time to
time.
1.2. Amendment: A future document executed by the authorized representatives of all Parties
which changes or modifies the terms of this Agreement.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
1.3. Authorized Budget: The Commission approved maximum budget for funding the
performance of Authorized Work by all Parties of the Program as set forth in the Programs
Implementation Plans.
1.4. Authorized Work: The work authorized by the Commission for the Program as set forth
in this Agreement and as more fully described in the Program Implementation Plan, and as agreed
to be performed by the Parties.
1.5. Business Day: The period from one midnight to the following nudnight, excluding
Saturdays, Sundays, and holidays.
1.6. Calendar Day: The period from one midnight to the following midnight, including
Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are
Calendar Days.
1.7. Contractor: An entity contracting directly or indirectly with a Party, or any subcontractor
thereof subcontracting with such Contractor, to furnish services or materials as part of or directly
related to such Party's Authorized Work obligations.
1.8. Customers or Eligible Customers: Those customers eligible for 2010-2012 Program
services, which are SCG customers located within the jurisdiction of the Cities, and niay include
the city itself.
1.9. EM&V: Evaluation, Measurement and Verification of the Program pursuant to
Commission requirements.
1.10. Energy Efficiency Measure (or Measure): As used in the Commission's Energy
Efficiency Policy Manual, Version 4, August 2008, as may be supplemented or updated from
time to time.
1.1 L Gas Surcharge: The firnds collected from gas utility ratepayers pursuant to Section 890
et al. of the California Public Utilities Code for public purposes programs, including energy
efficiency programs approved by the Commission.
1.12. Incentive: As used in the Commission's Energy Efficiency Policy Manual, Version 4,
August 2008, as may be supplemented or updated from time to time.
1.13. Partner Budget: That portion of the Authorized Budget, which represents the nnaxinnunn
budget and maximum allocation by period, for funding the performance of the Program by the
Cities and as set forth in Exhibit B, subject to amendment by SCG consistent with the terms of
this Agreement.
1.14. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other
indirect costs), reasonable expenditures of the Cities that are pre -approved, directly identifiable to
and required for the Authorized Work in accordance with Section 10.3.
1.15. PIP or Program Implementation Plan: The implementation plan specific to this Program,
together with SCG Local Government Partnership Nlaster PIP, which include the anticipated
2010-12 Orange County Cities Partnership Program Agreement 2
ATTACHMENT 3
scope of the Program in SCG service territory, approved by the Commission and attached hereto
as Exhibit A.
2, PURPOSE
The Program is funded by California utility ratepayers and is administered by SCG under the auspices
of the Commission. The purpose of this Agreement is to set forth the terms and conditions under which
the Parties will jointly implement the Program. The work authorized pursuant to this Agreement is not to
be performed for profit.
This Agreement is not intended to and does not form any "partnership" within the meaning of the
California Uniform Partnership Act of 1994 or otherwise.
3. PROGRAM DESCRIPTION
3.1, Overview. Tire 2010-2012 Orange Cities Energy Efficiency Partnership Program is
designed to provide integrated technical and financial assistance to help local governments
effectively to increase energy efficiency, reduce greenhouse gas emissions, increase renewable
energy usage, protect air duality and ensure that their conuuunities are more livable and
sustainable. The Program provides access to all SCG core programs to increase energy efficiency
in local government facilities and their communities through energy saving actions, including
retrofitting their municipal facilities as well as providing opportunities for constituents to take
action in their homes and businesses. By implementing treasures in Cities' own facilities, the
Cities will build their local capacity for energy efficiency and sustainability as the Cities and SCG
work together to increase community awareness of energy efficiency and position the Cities as
leaders in sustainable energy management practices. Tile Program will provide marketing,
outreach, education and training to connect the community with opportunities to save energy,
money and help the environment. `Che Parties will leverage the strengths of each other to
efficiently deliver energy savings. Delivering sustainable energy savings, promoting energy
efficiency lifestyles, and achieving an enduring local government capacity for the Cities through
this Program design is rooted in the effective relationship among the Cities, their constituents, and
SCG.
4. AUTHORIZED WORK
4.1. Scope. The work authorized by the Commission is set forth broadly in the PIP and shall
be performed pursuant to the terms of this Agreement. The Parties shall collaborate and mutually
agree upon specific Program implementation consistent with the PIP, and the Parties sliali
document such details in a "Planning Document" which is intended to evolve throughout the term
of the Program.
4.2. Objectives. The Program is designed to meet the specific goals and milestones set forth in
Exhibit B of this Agreement, while implementing the Program strategies and meeting the general
objectives and goals set forth in tire PIP.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
5. LIMITATION ON SERVICE TERRITORY — The Parties agree that Authorized Work shall only be
performed 1n SCG service territory, with energy savings claims applicable solely to SCG utility
system. No Authorized Work shall be performed for any customers that receive natural gas from a
municipal utility corporation or other natural gas service provider or that do not directly receive gas
service from SCG. Nothing ill this Section 5 is intended to preclude Program coordination with other
municipal utilities.
6. OBLIGATIONS OF THE PARTIES
6.1. Obligations of SCG and the Cities
6.1.1. Each Party will be responsible for the overall progress of its Authorized Work,
to ensure that the Program remains on target (including but not limited to
achieving the Program's specific energy savings and demand reduction goals as
set forth in Exhibit B).
6.1.2. The Parties shall jointly coordinate and prepare all Program -related documents,
including all required reporting pursuant to Section 9, and any such other
reporting as may be reasonably requested by SCG.
6.1.3. To the extent practicable and with coordination by SCG, the Parties shall use tine
Program as a portal for other existing or selected programs that SCG offers,
including programs targeting low-income customers, demand response, self -
generation, solar, and other programs as described in the PIP, with a goal to
entrance consistency in rebates and other Program details, minimize duplicative
administrative costs, and enhance the possibility that programs can be marketed
together to avoid duplicative marketing expenditures.
6.1.4. Consistent with those contained in the PIP, SCG and the Cities will work
together to develop and accomplish additional mutually agreeable goals.
6.2. Obligations of the Cities.
6.2.1. Each City shall appoint an "Energy Champion" who will be the primary contact
among the City, other Cities, and SCG's Energy Efficiency Representative
(defined in Section 6.3.1), and who will be authorized to act on behalf of the
City ill carrying out the City's obligations under this Agreement. Such
appointment shall be communicated in writing to SCG within 10 Business Days
following execution of this Agreement.
6.2.2. Each City shall communicate regularly with SCG's Energy Efficiency
Representatives in accordance with Section 7.2 and 7.3 hereof, and shall advise
SCG immediately of any problems or delays associated with its Authorized
Work obligations.
6.2.3. The Cities shall perform their Authorized Work obligations within the Partner
Budget and in conformance with the schedule and goals associated with such
Authorized Work as set forth in this Agreement, and shall furnish the required
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
labor, equipment and material with the degree of skill, care and professionalism
that is required by current professional standards.
6.2.4. Each City will be actively involved in all aspects of the Program. Each City will
use its best efforts to (a) dedicate human resources necessary to implement the
Program successfully, (b) providing support for the Program marketing and
outreach activities, and (c) working to enhance communications with SCG to
address consumer needs.
6.2.5. The Cities shall obtain the approval of SCG when developing Program
marketing materials and prior to their distribution, publication, circulation, or
dissemination in any way to the public. In addition, all advertising, marketing or
otherwise printed or reproduced material used to implement, refer to, or that is
in any way related to the Program must contain the respective name and logo of
SCG and, at a mini►num, the following language: "This Prografu is f nded by
California utility ratepayers and administered by Southern California Gas
Company under the auspices of the California Public Utilities Commission. '
6.2.6. The Cities shall obtain the approval of SCG prior to conducting any Program
public outreach activities (exhibits, displays, public presentations, canvassing,
etc.) and any marketing materials used in connection with such outreach activity
shall comply with the requirements of Section 6.2.5.
6.2.7. The Cities shall submit to SCG, upon its request, all contracts, agreements or
other requested documents with tine Cities' Contractors (including
subcontractors) performing Authorized Work in connection with the Program.
6.2.8. Each City acknowledges and agrees that the Program Inas other cities as Parties
under this Agreement, and that no one City is entitled to the entire Authorized
Budget, and that the City shall work with SCG and each other Cities to achieve
the goals and accomplish the Authorized Work of the Program.
6.3. Obligations of SCG.
6.3.1. SCG will appoint a Partnership representative ("SCG Energy Efficiency
Representative") who will be the primary contact for the Cities, and who will be
authorized to act on behal f of SCG in carrying out SCG's obligations under this
Agreement. Such appointment shall be communicated in writing to the Cities
within 10 Business Days following execution of this Agreement.
6.3.2. SCG will be actively involved in all aspects of the Program. SCG will use good
faith efforts to add value to the Program by (a) dedicating human resources
necessary to implement the Program successfully and providing and maintaining
a SCG presence in the Cities, (b) providing support for tine Program's marketing
and outreach activities, and (c) working to enhance communications with the
Cities to address consumer needs and provide SCG information and services.
6.3.3. SCG shall provide, at no cost to tine Cities informational and educational
materials on SCG's core programs.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
6.3.4. SCG shall be responsible for coordinating and ensuring compliance with all SCG
reporting and other SCG filing requirements.
6.4. EM&V. Once the Commission has approved and issued an evaluation, measurement and
verification ("EM&V") plan for the Program, such EM&V plan shall be attached to this
Agreement as Exhibit D and shall be incorporated herein by this reference. Any subsequent
changes or modifications to such EM&V plan by the Commission shall be automatically
incorporated into Exhibit D. The Cities shall provide and comply with all Conunissioli/SCG's
requests regarding activities related to EM&V. The Cities and its Contractors shall cooperate
fully with SCG's Energy Efficiency Representative and will provide all requested information, if
any, to assure the timely completion of all EM&V Plan tasks requiring the Cities' involvement or
cooperation.
7. ADMINISTRATION OF PROGRAM
7.1. Decision-making and Approval.
7.1.1. Except as specifically provided in this Agreement, the following actions and
tasks require consent of both Parties:
a. Any material modification to the Authorized Work in connection with
the Program.
b. Any action that materially impacts the agreed-upon schedule for
implementing the Program.
C. Selection of any Contractor not previously approved by SCG.
7.1.2. Unless otherwise specified in this Agreement, the Parties shall document all
material Program decisions, Including, without limitation, all actions specified
in Section 7.1.1 above, in meeting minutes or if taken outside a meeting,
through written communication, which shall be maintained in hard copy form
on file by the Parties for a period of no less than ten (10) years after the
expiration or termination of this Agreement.
7.2. Regular Meetitrgs. During the term of this Agreement, the Cities' Energy Champions of
the Program and the SCG Energy Efficiency Representative, along with such members of the
Program team as the Parties deem necessary or appropriate, shall meet monthly at a location
reasonably agreed upon by the Parties. In addition to any other agenda items requested by either
Party, the agenda shall include a review the status of the Cities' performance against Partner
Budget, toward achievement of the goals set forth in Exhibit B, and the Partnership's progress
towards meeting overall Partnership goals set forth in the PIP. Any decision-making shall be
reached and documented in accordance with the requirements of Section 7.1 above.
7.3. Regular Conutinnication. Regular communication among Program representatives is
critical for the long-term success of the Program and achievement of Program goals and
objectives. Notwithstanding Section 7.2, above, the Program representatives identified in writing
by each Party pursuant to Sections 6.2.1 and 6.3.1, respectively shall communicate regularly with
each other to review the status of the Program's goals, deliverables, schedules and budgets, and
plan for upcoming Program implementation activities, and to advise the other Party of any
problems associated with successful implementation of the Program. Any decision-making during
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
tlris communication process shall be reached and documented in accordance with the
requirements of Section 7.1 above.
7.4. Non -Responsibility for Other Pam. Notwithstanding anything contained in this
Agreement in the contrary, a Party shall not be responsible for the performance or non-
performance hereunder of the other Party, nor be obligated to remedy any other Party's defaults
or defective performance.
8. DOUBLE DIPPING PROMBITED
In performing its respective Authorized Work obligations, the Cities shall implement the following
mechanis►n and shall take other practicable steps to minimize double-dipping:
8.1. Prior to providing incentives or services to an Eligible Customer, the Cities and its
Contractors shall obtain a signed form from such Eligible Customer stating that:
8.1.1. Such Eligible Customer has not received incentives or services for the same
measure from any other SCG program or from another utility, state, or local
program; and
8.1.2. Such Eligible Customer agrees not to apply for or receive incentives or services
for the same measure from any other SCG program or from another utility, state,
or local program.
Each Party shall keep its Customer -signed forms for at least five (5) years after the expiration or
termination of this Agreement.
8.2. No Party shall knowingly provide an incentive to an Eligible Customer, or make payment
to a Contractor, who is receiving compensation for the same product or service either through
another ratepayer funded program, or through any other funding source.
8.3. Each City represents and warrants that it or its Contractors has not received, and will not
apply for or accept incentives or services for any measure provided for herein or offered pursuant
to this Agreement or the Program from any other SCG program or from any other utility, state or
local program.
8.4. The Parties shall take reasonable steps to minimize or avoid the provision of incentives or
services for the sante measures provided under the Program from another program or other
funding source ("double-dipping").
9. REPORTING
9.1. Reporting Req&e !Le- s, Tile Parties shall implement those reporting requircments set
forth in Exhibit E attaclied hercto, as the same may be amended from time to time, or until the
Commission otherwise requires or issues different or updated reporting requirements for the
Program, in which case and at which time such Commission -approved reporting requirements
shall replace (lie requirements set forth in Exhibit E in their entirety.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
10. PAYMENTS
10.1. Partner Bud et
10.1,1,Maxinium Budget: The Partner Budget is set forth in Exhibit B to this
Agreement and represents the Cities' maximum share of titre Program's three-year
Authorized Budget, Additionally, Exhibit B sets forth the maximum non -
incentive budget on a periodic basis during the Program. The Cities shall not be
entitled to compensation in excess of the Partner Budget (either on a periodic
basis or in total), without written authorization by SCG and receipt of a revised
Exhibit B. Consistent with Commission directives to maximize cost-effectiveness
and energy savings, the Partner Budget set forth in Exhibit B may be reallocated
or adjusted at any time by SCG in its sole discretion, based upon SCG's
evaluation of the Cities' commitment to, and progress toward the Cities' energy
savings goals set forth herein.
10.1.2.Trackin : SCG will track the Cities' performance against the SCG goals and
objectives set forth in Section 4.2 hereof, including tracking (or estimating)
achievement towards the specific energy savings goals set forth in Exhibit B.
The tracking will enable SCG, to (i) report SCG Program status and achievement
of respective goals and objectives, (ii) confirm or amend SCG portion of the
Partner Budget, set forth in Exhibit B hereto, based on the Cities' performance of
the SCG goals and objectives set forth in this Agreement;
10.1.3.Partner Bud eg t Adjustment: The Parties acknowledge that this Program is
offered in furtherance of the Commission's strategic energy efficiency goals for
California and is based on the Cities' commitment to attain such goals and its
desire to provide leadership to its community. To this end, in the event that SCG
determines, in its sole discretion and through the tracking mechanism set forth in
10.1.2 above, that the Cities is not performing in accordance with the goals and
objectives set forth in this Agreement, then SCG shall have the unilateral right to
reduce, eliminate, or otherwise adjust the Partner Budget for the remaining
Program year or years (other than for Program Expenditures previously approved
by SCG) by amending Exhibit B and providing the amended Exhibit to the
Cities. Pursuant to this Section, any such amended Exhibit B shall automatically
be incorporated into this Agreement and take effect immediately upon delivery
from SCG to the Cities.
10.1.4.Partner Budget Categories
a. Non -Incentive Bud et: The Partner Budget is comprised of a non -
incentive portion which includes separate categories for Marketing,
Education & Outreach, Technical Assistance [and Direct
Implementation], all of which are more fully described in the Program
Implementation Plan.
b. Incentive Budget: SCG incentive budget in this Program is a pant of
incentive budget from its core programs. The incentive level is up to
$1.00 per therm for the calculated measures. Other incentives for deemed
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
measures are in accordance with the respective prescribed incentives for
SCG core programs.
10.2. Program Ex enditures of the Cities. The Cities, with SCG's prior approval, shall be
entitled to spend Gas Surcharge funds, within the limits of the Partner Budget, on Program
Expenditures. Tire Cities shall not be entitled to reimbursement of Program Expenditures for any
item (i) not specifically identifiable to the Program, (ii) not previously approved by SCG, (iii) not
expended within the terms of this Agreement, or (iv) not otherwise reimbursable under this
Agreement.
10.3. Payment to the City. In order for the City to be entitled to Gas Surcharge fiends for
Program Expenditures:
10.3.1. The City shall submit monthly activity reports to SCG in a format acceptable to
SCG and containing such information as may be required for the reporting
requirements set forth in Section 9 above ("Monthly City Reports"), by the tenth
(t0`h) Calendar Day of the calendar month following performance, setting forth
all Program Expenditures.
10.3.2. Tire City shall submit to SCG, together with any Monthly City Report, a
monthly invoice for reimbursement of reported Program Expenditures, in a
format acceptable to SCG, attaching all documentation reasonably necessary to
substantiate the Program Expenditures, including, without limitation, the
following:
a. Contractor Costs: Copies of all Contractor invoices. If only a portion of
Contractor costs applies to the Program, the Cities shall clearly indicate
tire line items or percentage of the invoice amount that should be applied
to the Program as provided in Exhibit E.
b. Marketing, Education & Outreach: A copy of each distinct marketing
material produced, with quantity of a given marketing material produced
and the method of distribution.
C. Other expenditures: As pre -approved by SCG, -,with sufficient
documentation to support the expenditure.
d. Allowable Costs: Only those costs as listed in the Allowable Cost Table
contained in the Reporting Requirements attached as Exhibit E can be
submitted for payment. All invoices submitted to SCG must report all
costs using the allowable cost elements shown on the Allowable Cost
Table.
Each City understands and acknowledges that all of its invoices for the Programs
and tire Monthly City Report shall be submitted to SCG.
10.3.3. SCG reserves the right to reject any City invoiced amount for any of tire
following reasons:
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
a. The invoiced amount, when aggregated with previous Program
Expenditures, exceeds the amount budgeted in the Partner Budget for
such Authorized Work (as set forth in Exhibit B).
b. There is a reasonable basis for concluding that such invoiced amount is
unreasonable or is not directly identifiable to or required for the
Authorized Work, and/or the Program.
C. The invoiced amount, in SCG's sole discretion, contains charges for any
item not authorized under this Agrecment or by the Commission, or is
deemed untimely, unsubstantiated or lacking proper documentation.
10.3.4. The Cities shall maintain for a period of not less than five (5) years all
documentation reasonably necessary to substantiate the Program Expenditures,
including, without limitation, the documentation set forth in Section 10.3.2
above. The Cities shall promptly provide, upon the reasonable request by SCG,
any documentation, records or information in connection with the Program or its
Authorized Work.
10.3.5. SCG shall review and either approve, dispute or reject for payment the reported
Program Expenditures within twenty (20) Calendar Days of receipt of the
Monthly City Report and corresponding City invoice. SCG shall pay all
undisputed amounts after the tell (10) Calendar Day period described in Section
10.3.1, but within thirty (30) Calendar Days of receiving the Monthly City
Report and corresponding City invoice.
10.3 Payment of Incentives. Payment of incentives to the City shall be made in accordance
with Elie applicable SCG's program requirements, including terms and conditions, and only after
appropriate program documents have been subinittcd and approved, and the appropriate
inspections of each project or measure have been completed to SCG's satisfaction.
10.4. Shifting Funds. SCG may shift funds within the Authorized Budget among the Cities,
and/or may shift funds within Partner Budget among budget categories (4larketing, Education &
Outreach, Direct Implementation and incentives), which categories and budget amounts are set
forth in Exhibit B. Such shifting may be made by SCG to the maximum extent permitted under,
and in accordance with, Commission decisions and rulings to which the Program relates.
10.5. Reasonableness of Expenditures. Each City shall bear the burden of ensuring that its
Program Expenditures are objectively reasonable. The Conuuission has the authority to review all
Program Expenditures for reasonableness. Should the Commission, at any time, issue a finding of
unreasonableness as to any Program Expenditure and require a refund or return of the Gas
Surcharge funds paid in (lie reimbursement of such Program Expenditure, such City shall be
solely liable for such refund or return.
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
2010-12 Orange County Cities Partnership Program Agreement 10
ATTACHMENT 3
activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2013, and all
Direct Implementation and Marketing & Outreach activities by no later than December 31, 2012.
12. FINAL INVOICES
Each City must submit final invoices to SCG no later than February 28, 2013.
13, INDEMMTY
13.1. Indemnity by the Cities. The Cities shall indemnify, defend and hold harmless SCG, and
its respective successors, assigns, affiliates, subsidiaries, current and fixture parent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims, losses,
damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the
extent arising from (a) the Cities' negligence or willful misconduct in the Cities' activities under
the Program or performance of its obligations hereunder, or (b) the Cities' breach of this
Agreement or of any representation or warranty of the Cities contained in this Agreement.
13.2. Indemnity by SCG. SCG shall inderutify, defend and hold harmless the Cities, and its
respective successors, assigns, affiliates, subsidiaries, current and future parent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims, losses,
damages, liabilities or actions in respect thereof (including reasonable attorneys' fees) to the
extent arising from (a) SCG's negligence or willful misconduct in SCG's activities under the
Program or performance of its obligations hereunder or (b) SCG's breach of this Agreement or
any representation or warranty of SCG contained in this Agreement.
13.3. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO THE OTHER
PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF OR UNDER -
UTILIZATION OF LABOR OR FACILITIES, LOSS OF REVENUE OR ANTICIPATED
PROFITS, COST OF REPLACEMENT POWER OR CLAIMS FROM CUSTOMERS,
RESULTING FROM A PARTY'S PERFORMANCE OR NONPERFORMANCE OF THE
OBLIGATIONS HEREUNDER, OR IN THE EVENT OF SUSPENSION OF THE
AUTHORIZED WORK OR TERMINATION OF THIS AGREEMENT.
14. OWNERSHIP OF DEVELOPMENTS
The Parties acknowledge and agree that SCG, ori behalf of its Customers, shall own all data, reports,
information, manuals, computer programs, works of authorship, designs or improvements of equipment,
tools or processes (collectively "Developments") or other written, recorded, photographic or visual
materials, or other deliverables produced in the performance of this Agreement; provided, however, that
Developments do not include equipment or infrastructure purchased for research, development, education
or demonstration related to energy efficiency. Although the Cities shall retain no ownership, interest, or
title in the Developments except as may otherwise be provided in this Agreement, it will have a
permanent, royalty free, non-exchrsive license to use such Developments, subject to the confidentiality
obligations of this Agreement.
2010-12 Orange County Cities Partnership Program Agreement I I
ATTACHMENT 3
I5. DISPUTE RESOLUTION
15.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all disputes
arising under this Agreement shall be resolved as set forth in this Section 15.
15.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute
arising out of or relating to this Agreement promptly by negotiations between the Parties'
authorized representatives. The disputing Party shall give the other Party written notice of any
dispute. Within twenty (20) Calendar Days after delivery of such notice, the authorized
representatives shall meet at a mutually acceptable time and place, and thereafter as often as they
reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the
matter has not been resolved within thirty (30) Calendar Days of the first meeting, any Party may
initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is
acceptable to both Parties and shall conclude within sixty (60) Calendar Days of its
commencement, unless the Parties agree to extend the mediation process beyond such deadline.
Upon agreeing on a mediator, the Parties shall enter into a written agreement for the mediation
services with each Party paying a pro rata share of the mediator's fee, if any. The mediation shall
be conducted in accordance with the Commercial Mediation Rules of the American Arbitration
Association; provided, however, that no consequential damages shall be awarded in any such
proceeding and each Party shall bear its own legal fees and expenses.
153. Confidentiality. All negotiations and any mediation conducted pursuant to Section 15.2
shall be confidential and shall be treated as compromise and settlement negotiations, to which
Section 1 152 of the California Evidence Code shall apply, which Section is incorporated in this
Agreement by reference.
15.4. Injunctive Relief. Notwithstanding the foregoing provisions, a Party may seek a
preliminary injunction or other provisional judicial remedy if in its judgment such action is
necessary to avoid irreparable damage or to preserve the status quo.
15.5. Continuing Obligation. Each Party shall continue to perform its obligations under this
Agreement pending final resolution of any dispute arising out of or relating to this Agreement.
15.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under [lie terms of
this Agreement as provided in Section 15.2 above, the Parties cannot agree to a resolution of the
dispute, any Party may pursue whatever legal remedies may be available to it at law or in equity,
before a court of competent jurisdiction and with venue as provided in Section 15.2.
16. REPRESENTATIONS AND WARRANTIES
16.1. Representation of both Parties. Each Party represents and warrants, as of the Effective
Date and thereafter during the term of this Agreement, that:
16.1.1. The Authorized Work performed by a Party and/or its Contractors shall comply
with the applicable requirements of all statutes, acts, ordinances, regulations,
codes, and standards of federal, state, local and foreign governments, and all
agencies thereof.
2010-12 Orange County Cities Partnership Program Agreement 12
ATTACHMENT 3
16.1.2. The Authorized Work performed by a Party and/or its Contractors shall he free
of any claim of trade secret, trade mark, trade naive, copyright, or patent
infringement or other violations of any proprietary rights of any person.
16.1.3. Each Party shall conform to the applicable employment practices requirements
of (Presidential) Executive Order 11246 of September 24, 1965, as amended,
and applicable regulations promulgated thereunder.
16.1.4. Each Party shall contractually require each Contractor it hires to perforin the
Authorized Work to indemnify each other Party to the same extent such Party
has indemnified each other Party under the terns and conditions of this
Agreement.
16.1.5. Each Party shall retain, and shall cause its Contractors to retain, all records and
documents pertaining to its Authorized Work obligations for a period of not less
than five (5) years beyond the termination or expiration of this Agreement.
16.1.6. Each Party shall contractually require all of its Contractors to provide the other
Parties reasonable access to relevant records and staff of Contractors concerning
the Authorized Work.
16.1.7. Each Party will maintain, and may require its Contractors to maintain, the
following insurance coverage or self insurance coverage, at all times during the
tenni of this Agreement, with companies having an A.M. Best rating of "A-,
VII" or better, or equivalent:
(i) Workers' Compensation/Employer's Liability or Equivalent:
statutory minimum.
(ii) Commercial General Liability: $2 million minimum per
occurrence/$4 million minimum aggregate.
(iii) Commercial or Business Auto (if applicable): $1 million
minimum.
(iv) Professional Liability (if applicable): $1 million minimum,
16.1.8 Each Party shall take all reasonable measures, and shall require its Contractors
to take all reasonable measures, to ensure that the Program fiords in its
possession are used solely for Authorized Work, which measures shall include
the highest degree of care that such Party uses to control its own funds, but in
no event less than a reasonable degree of care.
17. PROOF OF INSURANCE
17.1. Evidence of Insurance. Upon request at any time during the term of this Agreement, a
Party shall provide evidence that its insurance policies (and the insurance policies of any
Contractor, as provided in Section 16.8) are in fill] force and effect, and provide the coverage and
limits of insurance that the Party has represented and warranted herein to maintain at all times
during the term of this Agreement.
2010-12 Orange County Cities Partttership Program Agreement 13
ATTACHMENT 3
17.2. Self -Insurance. If a Party is self-insured, such Party shall upon request forward
documentation to the other Party that demonstrates to the other Party's satisfaction that such
Party self -insures as a matter of normal business practice before commencing the Authorized
Work. Each Party will accept reasonable proof of self-insurance comparable to the above
requirements.
17.3. Notice of Claims. Each Party shall immediately report to the other Party, and promptly
thereafter confirm in writing, the occurrence of any injury, loss or damage incurred by such Party
or its Contractors or such Party's receipt of notice or knowledge of any claim by a third party of
any occurrence that might give rise to such a claim over $100,000.
18. CUSTOMER CONFIDENTIALITY REQUIREMENTS
18.1. Non -Disclosure. Subject to any disclosures required pursuant to the applicable Public
Records Act, the Cities, its employees, agents and Contractors shall not disclose any Confidential
Customer Information (defined below) to any third party during the terra of this Agreement or
after its completion, without the Cities having obtained the prior written consent of SCG, except
as provided by law, lawful court order or subpoena and provided the Cities gives SCG advance
written notice of such order or subpoena.
18.2. Confidential Customer Information. "Confidential Customer Information" includes, but is
not limited to, a SCG customer's name, address, telephone number, account number and all
billing and usage information, as well as SCG customer's information that is marked
"confidential". If the City is uncertain whether any information should be considered Confidential
Customer Information, the City shall contact SCG prior to disclosing the customer information.
18.3. Nan -Disclosure Agreement. Prior to any approved disclosure of Confidential Customer
Information, SCG may require the City to enter into a nondisclosure agreement.
18.1. Commission Proceedings. This provision does not prohibit the Cities from disclosing
non -confidential information concerning the Authorized Work to the Commission in any
Conuirission proceeding, or any Conunission-sanctioned meeting or proceeding or other public
forum.
18.5. Return of Confidential Information. Confidential Customer Information (including all
copies, backups and abstracts thereof) provided to the Cities by SCG, and any and all documents
and materials containing such Confidential Customer Information or produced by the Cities based
on such Confidential Customer Information (including all copies, backups and abstracts thereof),
during the performance of this Agreement shall be returned upon written request by SCG.
18.6. Remedies. The Parties acknowledge that Confidential Customer Information is valuable
and unique, and that damages would be an inadequate remedy for breach of this Section 18 and
the obligations of the Parties are specifically enforceable. Accordingly, the Parties agree that in
the event of a breach or threatened breach of this Section 18 by such City, SCG shall be entitled
to seek and obtain an injunction preventing such breach, without the necessity of proving
damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money
damages or any other available legal or equitable remedy.
19. TIME IS OF THE ESSENCE
2010-12 Orange County Cities Partnership Program Agreement 14
ATTACHMENT 3
The Parties hereby acknowledge that time is of the essence in performing their obligations under this
Agreement. Failure to comply with milestones and goals stated in this Agreement, including but not
limited to those set forth in Exhibit B of this Agrecmenta do the PIP, may constitute a material breach of
this Agreement, resulting in its termination, payments being withheld, Partner Budgets being reduced or
adjusted, funding redirected by SCG to other programs or partners, or other Program modifications as
detenninned by SCG or as directed by the Commission.
20. CUSTOMER COMPLAINT RESOLUTION PROCESS
The Parties shall develop and implement a process for the management and resolution of Customer
complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of
professional Customer service staff; (b) direct access of Customer complaints to supervisory and/or
management personnel; (c) documenting each Customer complaint upon receipt; and (d) directing any
Customer complaint that is not resolved within five (5) Calendar Days of receipt by the Cities to SCG.
21. RESTRICTIONS ON MARKETING
21.1. Use of Commission's Name. No Party may use the narne of the Commission on
marketing materials for the Program without prior written approval from the Commission staff. In
order to obtain this written approval, SCG must send a copy of the planned materials to the
Commission requesting approval to use the Commission name and/or logo. Notwithstanding the
foregoing, the Parties shall disclose their source of funding for the Program by stating
prominently on marketing materials that the Program is "funded by California ratepayers under
the auspices of the California Public Utlities Commission."
21.2. Use of SCG's Name. The Cities must receive prior review and written approval from
SCG in order to use SCG's name, mark or logo on any marketing or other Program materials. The
Cities shall allow five (5) Business Days for SCG's review and approval. If the Cities have not
received a response from SCG within the five (5) Business Day period, then it shall be deemed
that SCG has disapproved such use.
21.3. Use of the Ci 's Name. SCG must receive prior review and written approval from the
City in order to use such City's name, mark or logo on any marketing or other Program materials.
SCG shall allow five (5) Business Days for the City's review and approval. If SCG has not
received a response from the Cities within the five (5) Business Day period, then it shall be
deemed that the Cities has disapproved such use.
22. RIGHT TO AUDIT
The Parties agrees that the other Party, and/or the Commission, or their respective designated
representatives, shall have the right to review and to copy any records or supporting documentation
pertaining to the their performance of this Agreement or the Authorized Work, daring normal business
hours, and to allow reasonable access in order to interview any staff of the Cities or SCG who might
reasonably have information related to such records. Further, the Parties agrees to include a similar right
of the other Party and/or the Commission to audit records and interview staff in any subcontract related to
performance of the Authorized Work or this Agreement.
2010-12 Orange County Cities Parltnership Program Agreement t5
ATTACHMENT 3
23. STOP WORK PROCEDURES
SCG may suspend the Authorized Work being performed in its service territory for good cause,
including, without limitation, concerns relating to program funding, implementation or management of
the Program, safety concerns, fraud or excessive customer complaints, by notifying the Cities in writing
to suspend any Authorized Work being perforated in SCG's service territory. Any performance of
Authorized Work by the Cities in SCG's service territory shall stop immediately, and the Cities may
resume its Authorized Work only upon receiving written notice from SCG that it may resume its
Authorized Work.
24. MODIFICATIONS
Except as otherwise provided in this Agreement, changes to this Agreement shall be only be valid
through a written amendment to this Agreement signed by both Parties.
25. TERM AND TERMINATION
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, 2013 Curless otherwise terminated in
accordance with the provisions of Section 25.2 or 30 below. Notwithstanding the June 30, 2013
termination date, all Direct Implementation and Marketing & Outreach activities shall be
completed by no later than December 31, 2012 in accordance with Section l 1 of this Agreement.
In accordance with Sections II and 12 respectively, all reporting and invoicing shall be
completed by March 31, 2013.
25.2. Termination for Breach. Any Party may terminate this Agreement in the event of a
material breach by the other Party of any of the material terns or conditions of this Agreement,
provided such breach is not remedied within sixty (60) days written notice to the breaching Party
thereof from the non -breaching Party or otherwise resolved pursuant to the dispute resolution
provisions set forth in Section 15 herein.
25.3. Effect of Termination. Any termination by all of the Cities or by SCG shall constitute a
termination of this Agreement in its entirety (subject, however, to the survival provisions of
Section 37).
25.3.1. Subject to the provisions of this Agreement, the Cities shall be entitled to Gas
Surcharge Funds for all Program Expenditures incurred or accrued pursuant to
contractual or other legal obligations for Authorized Work up to the effective
date of termination of this Agreement, provided that any Monthly City Reports
or other reports, invoices, documents or information required under this
Agreement or by the Commission are submitted in accordance with the terms
and conditions of this Agreement. The provisions of this Section 25.3. l shall be
a City's sole compensation resulting from any termination of this Agreement.
25.3.2. In the event of termination of this Agreement in its entirety, the Cities shall stop
any Authorized Work in progress and take action as directed by SCG to bring
the Authorized Work to an orderly conclusion, and the Parties shall work
2010-12 Orange County Cities Partnership Program Agreement 16
ATTACHMENT 3
cooperatively to facilitate the tennination of operations and of any applicable
contracts for Authorized Work.
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 Cities:
City of Huntington Beach
Aaron Klenuu
2000 Main Street.
Huntington Beach, CA 92648
Tel: (714) 536-5537
City of Costa Mesa
Daniel Baker, Analyst
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-5156
City of Fountain Valley
Matt Mogensen, Management Analyst
City Manager's Office
10200 Slater Ave.
Fountain Valley, CA 92708
Tel: 714-593-4412
City of Westminster
Soroosh Ralibari, Building Official
8200 Westminster Blvd.
Westminster, CA 92683
Tel: (714) 898-3311 ext 250
SCG:
Southern California Gas Company
Paulo Morais, Energy Programs Supervisor
555 W. Fifth Street, GT28A4
Los Angeles, CA 90013
Tel: (213) 244-3246
Fax: (213) 244-8252
2010-12 Orange County Cities Partnership Program Agreement 17
ATTACHMENT 3
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., 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.
27. CONTRACTS
Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts and
omissions of Contractors, subcontractors and persons directly or indirectly employed by such Panty for
services in cormection with the Authorized Work. Each Party shall require its Contractors to be bound by
terms and conditions which are the same or similar to those contained in this Agreement, as the same may
be applicable to Contractors.
28. RELATIONSHIP OF THE PARTIES
The Parties shall act in an independent capacity and not as officers or employees or agents of each
other. This Agreement is not intended to and does not fonn any "partnership" within the meaning of the
California Uniform Partnership Act of 1994 or othctivise.
29. NON-DISCRIMINATION CLAUSE
No Party shall unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital
status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its
employees and applicants for employment are free from such discrimination and harassment, and shall
comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990
(a) -(f) ct seq.) and the applicable regulations promulgated thereunder (California Code of Regulations,
Title 2, Section 7285 et sect.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a) -(f), set forth in Chapter 5 of Division 4
of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and
made a part hereof as if set forth in full.
Each Party represents and warrants that it shall include the substance of the nondiscrimination and
compliance provisions of this clause in all subcontracts for its Authorized Work obligations.
30. CONJIVIISSION/UTILITY AUTHORITY TO MODIFY OR TER IINATE
This Agreement and the Program shall at all times be subject to the discretion of the Commission,
including, but not limited to, review and modifications, excusing a Party's performance hereunder, or
termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction.
In addition, in the event that any ruling, decision or other action by the Commission adversely impacts (he
Program, SCG shall have the right to terminate this Agreement in accordance with the provisions of
2010-12 Orange County Cities Partnership Program Agreement 18
ATTACHMENT 3
Section 25 above by providing at least ten (10) days' prior written notice to the Cities setting forth the
effective date of such termination. Notwithstanding the right to tenninate, the Parties agree to share in the
responsibility and to abide by Commission energy policy supporting this Program. Tire Parties agree to
Use all reasonable efforts to nrinirnize the adverse impact to a Party resulting from such Commnission
actions, including but not limited to modification of the required energy savings goals set forth in Section
4.2 which are fundamental to this Agreement.
31. NON -WAIVER
None of the provisions of this Agreement shall be considered waived by either Party unless such
waiver is specifically stated in writing.
32. ASSIGNMENT
No Party shall assign this Agreement or any part or interest thereof, without the prior written consent
of the other Party, and any assignment without such consent shall be void and of no effect.
Notwithstanding tite foregoing, if SCG is requested or required by the Comrtnission to assign its rights
and/or delegate its duties hereunder, in whole or in part, such assignment or delegation shall not require
the Cities' consent, and SCG shall be released from all obligations hereunder arising after the effective
date of such assignment, both as principal and as surety.
33. FORCE MAJEURE
Failure of a Party to perform its obligations under this Agreement by reason of any of the following
shall not constitute an event of default or breach of this Agreement: strikes, picket lines, boycott efforts,
earthquakes, fires, floods, War (whether or not declared), revolution, riots, insurrections, acts of God, acts
of government (including, without limitation, any agency or department of tine United States of America),
acts of terrorism, acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products,
inability to obtain materials or labor, or other causes which are beyond the reasonable control of such
Party.
34. SEVERABILITY
In the event that any of tine tcl-nns, Covenants or conditions of this Agreement, or the application of
any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court,
regulatory agency, or other regulatory body having jurisdiction, all outer terms, covenants, or conditions
of this Agreement and their application shall not be affected thereby, but shall remain in full force and
effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not
separable front all other provisions of this Agreement.
35. GOVERNING LAW; VENUE
This Agreement shall be interpreted, governed, and construed under the laws of the State of
California as if executed and to be perfonned wholly within the State of California. Any action brought to
enforce or interpret this Agreement shall be fled in Los Angeles County, California.
2010-12 Orange County Cities Partnership Program Agreement
19
ATTACHMENT 3
36. SECTION 14BADINGS
Section headings appearing in this Agreement are for convenience only and shall not be construed as
interpretations of text.
37. SURVIVAL
Notwithstanding completion or termination of this Agreement, the Parties shall continue to be bound
by the provisions of this Agreement which by their nature survive such completion or termination. Such
provisions ment. shall include, but are not li
Agremited to, Sections 9, 10, 13, 14, 15, 18, 22, 35, 37 and 38 of this
Agreement.
38. ATTORNEYS, PEES
Except as otherwise provided herein, in the event of any legal action or other proceeding between the
Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal
action or proceeding shall bear its own costs and expenses incurred therein, including reasonable
attorneys, fees.
39. COOPERATION
Each Party agrees to cooperate with tile. other Party in whatever manner is reasonably required to
facilitate the successful completion of this Agreement.
40. ENTIRE AGREEMENT'
This Agreement (including all of the Exhibits and Attachments hereto which are incorporated into
this Agreement by this refel•ence) contains the entire agreement and understanding between the Parties
and merges and supersedes all prior agreements, represelltations and discussions pertaining to the subject
matter of this Agreement.
41. COUNTERPARTS.
This Agreement 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.
[INTENTIONALLY LEFT BLANK]
2010-12 Orange County Cities Partnership Program Agreement
20
ATTACHMENT 3
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duty
authorized representatives.
The Cities:
CITY OF COSTA MESA
Name: Allan Mansor
Title: Mayor
Date:
CITY OF FOUNTAIN VALLEY
CITY OF HUNTINGTON BEACH
Name: Ct f y Gr n
Title: M yor o IzW4 ingtou Beach
Date: / -- q-5- —A0/0
Naine: Allan Roeder
Title: City Manager
Date:
44��
iFountaln Valley
City Attorney
4SOApproval
fame• Raymond H. Kromer
.. Ta, ti City Manager
Da e:
APPROVED AS TO FORM
JENNIFIM MCGRATH, City Attorney
ry�
y
Dep Ly C'i Attorney
Date:
2010-12 Orange County Cities Partnership Program Agreement 21
ATTACHMENT 3
CITY OF WESTMINSTER
Title: City Manager
Date:
SCG:
APPROVED AS TO FORM:
DATE:. ° 1-f to
13Y: 1 C----
CITY ATT0- RNEY
SOUTHERN CALIFORNIA GAS COMPANY
By: Mark Gaines
Title: Director, Customer Programs
Date:
2010-12 Orange County Cities Partnership Program Agreement 22
EXHIBIT A
PROGRAM IMPLEMENTATION PLAN
1) Program Name and Program ID number
Program Nance: Orange County Cities Partnership
Program ID Number: TBD
2) Projected Program Budget Table
Table 1I
Main Program
Program Name / Sub-
# Programs
Gone Progr' irn
#1
Sub -Program
#1
Sub -Program
#2
Etc.
TOTAL:
ATTACHMENT 3
Integration
Budget
Total
Allocated
Budget
to Other
By
Programs
Program
(if
(Actual)
Applicable)
These budget numbers are presented in Appendix C: Energy Division Tables, Graphs Pie Charts:
Table 7.1 - 2009 - 2011 100 Strategic Planning Program Budget
3) Projected Program Gross Impacts Table
Table 2
Progra I Program Name / Sub- 2009-.2011 2049 20.11 2009' 2011<;
I Definition of Table 1 Column Headings: Total Budget is the sum of all other columns presented here
Total Administrative Cost includes all Managerial and Clerical Labor, Human Resource Support and Development, Travel and
Conference Fees, and General and Administrative Overhead (labor and materials).
Total Direct Implementation — includes all financial incentives used to promote participation in a program and the cost of all direct
labor, installation and service labor, hardware and materials, and rebate processing and inspection used to promote participation
in a program.
Total Marketing & Outreach includes all media buy costs and labor associated with marketing production.
Integrated Budget Allocated to Other Programs includes budget utilized to coordinate with other EE, DR, or DG programs.
Total Budget is the sum of all other columns presented here
Definition of Sub -Program: A "sub -program" of a program has a specific title; targets; budget; uses a unique delivery or marketing
approach not used across the entire program; and for resource programs, has specific estimated savings and demand impacts.
2010-12 Orange County Cities Partnership Program Agreement 23
ATTACHMENT 3
m #
Programs Three Year �E lTliree-Year EE�Iir'eeea
Program Gross : Prog�utGiossfo�
'--kWh Savin s X kav s�
zat
Market Sector Pro E'hmsIN
g
Core. Pro rim 01
Sub -Program 91
Sub -Program 42
JTOTAL.-;
POP;
These budget numbers are presented in Appendix C: Energy Division Tables, Graphs Pic Charts:
Table 7.1 - 2009 - 2011 IOU Strategic Planning Program Budget
4) Program Element Description and Implementation Plan
a) List of program elements:
Program elements are described below.
b) Overview:
Core Program Element A - Government Facilities
A.X. 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 these facilities and their respective energy savings
have been identified and quantified. Oilier buildings have been audited by the CFC, and the
Partnership is awaiting the CEC's reports.
Municipal facilities energy efficiency is a big component of Huntington Beach's local goveniment
partnership. It will consist of numerous projects in 2 phases. Phase 1 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 -commissioning (of buildings 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 EEIDR audits will be conducted in eligible
facilities.
A,4. Technical Assistance for project management, h•altring, audits, etc. -
Each partnership has a specific budget for each of these activities.
A.5) .On -Bill Financing
2010-12 Orange County Cities Partnership Program Agreement 24
ATTACHMENT 3
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 Pian Support
B.1 Code Compliance Support
The Partnership will support the individual 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 emissions. The partnership will provide training,
technical assistance and additional support from SCE's, and SCG's Codes and Starnrdards 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 Partners will consider what other cities have done and will benefit from process, templates and
other best practices. See Table G for more details.
B.3), Guiding Documents) 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 enhancements to this
practice are planned for the 2009 — 2011 program cycle. The Partnership intends to make available
training, documents and templates to help cities develop their climate and energy 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 AB 81 1 and will be examining
its possibilities. The Partnership will provide A13811 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 Partnerships as well
as conferences will be conducted on a routine basis.
Core Program Element C - Core Program Coordination
C.1). 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 HB 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
ATTACHMENT 3
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.
CA) Retrofits for just -above LIEF qualified customers
Only coordination activities contemplated,
C.S Technical Assistance for program management, training, audits, etc.
a specific portion of the partnership budget is allocated specifically for this activity. See Table ti for
more details.
e) Non -Incentive Services:
• Train 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 offset background checks and expenses.
• Sturdy & consider voluntary "reach" green codes, similar to the HB Goes Green Residential
Scorecard that is currently in a pilot project mode.
• Support for the annual Environmental Award
• Publishing case studies and sustainability and energy/climate plans with support from
available programs and funding sources.
• Strategic plan support. The city of Costa Mesa would like to extend its existing green
building permit waiver program.
d) Target audience
• All Municipal facilities: City Halls, Civic Center, Police Departments, Libraries, Social
Services, Community Centers, Sports Fields, Medical Facilities, Parks, and water
infrastructure,
• Additionally, citizens and businesses and city staff are the target audience for partner cities.
e) Implementation
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 LGPs.
5) Program Element Rationale and Expected Outcome
a) Quantitative Basel itie and Market Transformation Information
Table 3
Baseline Metric
Metric A
Metric B
Metric C
Pro rarn/Element
Refer to the overarching PIP section
b) Market Transformation Information
2010-12 Orange Comity Cities Partnership Prograin Agreement 26
Table 4
Metric A
Metric B
Metric C
Etc.
Refer to the overarching PIP section
Market Transforittation Platin
2009 2010
ATTACHMENT 3
Estimates
2011
c) Pro ram Design to OVer-Coale Barriers
In this Partnership, the barriers and strategies to overcome them are the traditional resource
barriers of expertise and fielding as outlined in the Master PIP.
d) Q#EaEttita#ive Program Objectives:
Table 5
Program Program Program
Tar et Target by Target by Target by
Program Element 2004 2420
1 Natural Gas Savin s Gross Therm 2011
2 Number of Worksito s 40,000 80,000 120,000
3 Number of Ordinances, Codes, etc. TBD TBD TBD
8 of ME&O Events conducted that target TBD TBD TBD
4 _
Residential customers TBD TBD TBD
6) Other Program Element Attributes
a) Best _Practices
Sante as outlined in the Master PIP.
b) Int;ovation
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 Coordination
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
tecltttical assistance and other support thotrglt the Codes and Standards program and its
relationship Nvith PIER as well as facilitate support from other programs and organizations
through its network of consultants, engaged for this pill -pose,
d) Irtte rated/coordinated Demand Side Mana entent:
2010-12 Orange County Cities Partnership Program Agreement
27
ATTACHMENT 3
Orange County cities will pursue necessary & cost-effective DSM as identified in the SCE's
Energy Leader Master PIF' and have identified at feast 5 accounts that are eligible for
participation in Dermand Response programs. The partnerships will facilitate the provision of
technical support for renewable energy-related activities being platured by the City of Huntington
Beach and other cities wishing to pursue similar opportunities. Hungtington Beach will apply
for a RESCO grant from the CEC and Federal government to utilize indigenous renewable
energies. .
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 amounts of water. .
f) Pilots
PIER program Bi -level LED area fighting and Enforina diagnostic software in the City of
Huntington Beach is currently
• 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 unplementation 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 Title 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 will consider expedited permitting
entitlement approval processes, fee structures
based upon reduced valuation in 2009,
and other incentives for green buildings and
other above -code developments.
1-3: Develop, adopt and implement model
point-of-sale and other point -of transactions
relying on building ratings.
1-4: Create assessment districts or other
Huntington Beach will investigate the adoption
mechanisms so property owners can f nd EE
of an AB 811 financing mechanism for its
through city bonds and pay off on property
jurisdiction
taxes; develop other EE 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
ATTACHMENT 3
1-6:Link emission reductions from "reach"
codes and programs to ARB's AB 32 program
2-2: Dramatically improve compliance with
and enforcement of Title 24 building code, and
of HVAC permitting and inspection
requirements (including focus on peak load
reductions in inland areas).
2-3: Local 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 energy component of their 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 ever literate
3-1: Adopt specific goals for efficiency of
Huntington Beach will be publishing an
local government buildings, including:
environmentally preferred purchasing policy
and publishing energy/climate plans as pail of
the 2009-2011 Partnership with SCE.
Additionally, Costa Mesa is also interested in
publishing an energy action plan in artnershi .
3-2: Require commissioning for new buildings,
phase l energy projects 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
savings and performance.
3-4: Explore creation of line item in LG
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
projects that provided the savings to fund
efficiency and the savings accrue to the general
additional efficiency.
fund. However, part of the energy/clirnate
action plan will track the fiscal impacts
created by the plan.
3-5: Develop innovation Incubator that
_(savings)
competitively selects initiatives for inclusion in
LG pilot projects.
4-1: LGs commit to clean energy/climate
Both the City of Costa Mesa and Huntington
change leadership.
Beach have located appropriate sites for large
scale solar installations and both cities are
exploring current finding mechanisms.
Huntington Beach is also applying for grants to
study ocean & urban wind power and will meet
2020 AB 32 goals before 2015. 1-113 has signed
the US Mayors Climate Protection Agreement,
littp-.//www.tistiiayors.org/ciiiiiateprotection/
4-2: Use local governments' general plan
Huntington Beach has deferred investment in
energy and other elements to promote energy
efficiency, sustainability and climate change.
general plan updates to include energy/climate
CorrCerrrS
4-4: Develop local projects that integrate
Phase 2 energy projects will include water
EE/DSIYU%vater/wastewater end use
efficiency projects, including aerators and ET
irrigation controllers. Additionally, as
wastewater, stormwater and potable water
2010-12 Orange County Cities Partnership Program Agreement 29
ATTACHMENT 3
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 possible.
4-5; Develop EE -related "carrots" and
Huntington Beach is stAidying zoning and
"sticks" using local zoning and development
development authority changes to comply with
authority
AB32/SB375. Specifically we are updating the
Beach/Edinger CoiTidor plans and the
Downtown Specific plan to create accessible
and walkable neighborhoods that enhance
Huntington Beach.
2010-12 Orange County Cities Partnership Program Agreement 30
ATTACHMENT 3
EXHIBIT B
2010-12 ORANGE COUNTY CITIES PARTNERSHIP PROGRAM
GOALS AND BUDGET
2010-2012 Energy Savin s Gross Therm
�S�CG
SCG Incentive From SCG Core Pro ams
2011
2012 3 -year Total
�40,00O
40,000 Therm
40,000 Therm 120,000 Therm
Other non -resource goals are contained in the SCG PIP in Exhibit A.
2010-12 Orange County Cities Partnership Budget
Orange County Cities Partnership Total Non -Incentive Budget
$402,465
SCG Incentive From SCG Core Pro ams
$120,000
SCG Authorized Budget
Administration
SCG Administrative Other
SCG Administrative Overhead
$105,083
$44,927
Total Utility Authorized Budget
$150,010
$12,000
$12,000
Orange County Cities Authot•ized Bud et
$252,455
$12,155
$60,000
$40,000
$12,150
$60,000
$40,000
201042 Total Non -incentive Program Bud et
$402,465
Proiected Allocations far Orange C`.nunty Citioc Anshnva o,] eye. ,jzc
(1) 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,
2010-12 Orange County Cities Partnership Program Agreement 31
2010
2011
zo12
Administration
Strategic Plan Support
$12,000
$12,000
$12,000
Market in &Outreach
Direct Ini nlementation
Incentive (1)
$12,150
$60,000
40,000
$12,155
$60,000
$40,000
$12,150
$60,000
$40,000
(1) Incentive is a part of SCG Core Program's Incentive Budget. The incentive level is $1.00 per
therm for calculated measures. Incentives for deemed measures are in accordance with the
incentive levels for the applicable SCG Core Programs,
2010-12 Orange County Cities Partnership Program Agreement 31
ATTACHMENT 3
EXHIBIT C
EM&V PLAN
[TO BE ATTACHED WHEN ISSUED BY THE COMMISSION]
2010-12 Orange County Cities Partnership Program Agreement
32
EXHIBIT D
REPORTING REQUIREM1,NTS
1. Reporting
ATTACHMENT 3
1.1 Cities shall provide SCG with the requisite information, in accordance with tine
Agreement, on the prior month's activities, accomplishments and expenditures related to its
respective Authorized Work or Approved Project obligations, for purposes of preparing the Monthly,
Quarterly and Annual Reports.
1.2 SCG shall provide Cities in accordance with the provisions of the Agreement, a copy of
its filed Monthly Report within five (5) Business Days after filing.
2. Quarterly Report
2.1 Portfolio Benefit/Cost Metrics (Cumulative to Date)
a. Total cost to billpayers (TRC, administrative cost and incremental cost per the Standard
Practice Manual)
b. Total savings to bilipayers (TRC)
c. Net benefits to billpayers (TRC)
d. TRC Ratio
e. PAC Ratio
f. Cost per kWh saved (cents/kWh) (PAC)
g. Cost per therm savings ($/therm) (PAC)
2.2 Measure List —A spreadsheet table for each program or program element2 containing
each measure installed, service rendered, or measure/service committed during the report mouth for
which the Program intends to claim savings. Cities should include any new measures as part of the
quarterly report. The list should display each measure as it is tracked and recorded by Cities, and
should include the following parameters at a minimum:
a. Name of Measure or Service Rendered
b. Measure or Service Description
c. Customer name and applicable SCG account number
d. Installation site address
e. Affected square footage
f. Applicable NAICS code
g. DEER Measure ID (where applicable)
h. DEER Run ID (where applicable)
i. Unit Definition
j. Unit gross kWh savings
k. Unit gross Therms savings
1. Unit gross kW demand reduction
in. Incremental Measure Cost
n. Net to Gross Ratio
o. Effective Useful Life
Identification of distinct programs and program elements may be determined by CPUC staff at a
later time.
2010-12 Orange County Cities Partnership Program Agreement
ATTACHMENT 3
p. Detailed end use classification (using classification scheme in section 6)
q. Quantity Installed during report period
r. Quantity Committed during report period
s. Rebate amount paid
t. Market Sector classification (using classification scheme in section 6)
u. Market Segment classification (using classification scheme in section 6)
2.3 Expenditures for the program per cost reporting fornrat below (Section 7 below contains
list of allowable costs)
h. Commission Authorized Budget
i. Operating Budget
j. Total Expenditures
i. Administrative Cost
ii. Marketing/Advertising/Outreach Costs
iii. Direct Implementation
2.4 GBI Report --- Progress towards achieving goals of the Green Building Initiative, if
applicable (Cumulative results)
a. Estimate of expenditures on program activities that contribute towards GBI goals
(including both public and non-public commercial participants)
b. Net cumulative achieved kW, kWh and Therm savings contributing towards GBI goals.
c. Net achieved kW, kWh and Therm savings contributing towards GBI goals for the
quarter.
d. A description of non -resource program activities that support the Green Building
Initiative, including marketing and outreach activities.
e. Estimate of square footage affected by program activities supporting the Green Building
Initiative
f. Items b, c and e above disaggregated by:
i. 2 -digit NAICS code
ii. Aggregated end use classification (using classification scheme in section 5)
2.s Program Narratives For the program, a description of the program activities occurring
during the quarter.
k. Administrative activities
I. Marketing activities
m. Direct Implementation activities
n. lmplementer's assessment of program performance and program status (is the program on
target, exceeding expectations, or falling short of expectations, etc.)
o. For non -resource programs and program elements (programs or program elements that
are not claiming direct energy impacts), a discussion of the status of program
achievements.
p. Discussion of changes in program emphasis (new program elements, less or more
emphasis on a particular delivery strategy, program elements discontinued, measure
discontinued, etc.)
q. Discussion of near term plans for program over the coming months (e.g., marketing and
outreach efforts that are expected to significantly increase program participation, etc.)
r. Changes to staffing and staff responsibilities, if any
s. Changes to contacts, if any
t. Changes to subcontractors and subcontractor responsibilities, if any
ATTACHMENT 3
u. Number of customer complaints received
v. Program Theory and Logic Model if not already provided in the program's
implementation plan, or if revisions have been made.
2.6 Quarterly Reports — SCG shall provide CITIES a copy of its filed Quarterly Report
within five (5) Business Days after filing with (lie Commission in accordance with the Agreement.
3. Annual Reports
The format and content of the annual report is expected to be developed by the CPUC in 2010. CITIES
will be required to fulfill these reporting obligations for their program.
4. Reporting Terminology Definitions
Adopted Program Budget —The program budget as it is adopted by the Commission. Inclusive of costs
(+/-) recovered from other sources.
Operating Program Budget --The program budget as it is defined by the program administrators for
internal program budgeting and management purposes. Inclusive of costs (+/-) recovered from other
sources.
Direct Implementation Expenditures — Costs associated with activities that are a direct interface with
the customer or program participant or recipient (e.g., contractor receiving training). (Note: This is still
an open issue, the items included in this definition may be changed by the CPUC pending discussion oil
the application of the State's Standard Praclice Afanttal.)
Report Month —The month for which a particular monthly report is providing data and infonnation. For
example, the report month for a report covering the month of July 2010, but prepared and delivered later
than July 2010, would be July 2010.
Program Strategy —The method deployed by a program in order to obtain program participation.
Program Element A subsection of a program, or body of program activities within which a single
program strategy is employed. (Example: A body of program activities employing both an upstream
rebate approach and a direct install approach is not a single program clement.)
S. Measure Classification
Measure End -Use Classification
Each energy efficiency measure reported should be classified into one of the following end-use categories
Residential End Uses
Detailed End Use
Aggregated End Use
Clothes Dryer
Appliances
Clothes Washer
Appliances
Consumer Electronics
Consumer Electronics
Cooking
Cooking Appliances
Dishwasher
Appliances
Other Appliance
Appliances
ATTACHMENT 3
Building Shell
HVAC
Space Cooling
HVAC
Space Heating
HVAC
Interior Lighting
Lighting
Exterior Lighting
Lighting
Pool Pump
Pool Pun►p
Freezers
Refrigeration
Refrigeration
Refrigeration
Nater Heating
Water Heating
Other (User Entered Text String
Process
Description)
Other
Nonresidential End Uses
Detailed End Use
Aggregated Enrl Use
Building Shell
HVAC
Space Cooling
HVAC
Space Heating
HVAC
Ventilation
HVAC
Daylighting
Lighting
Interior Lighting
Lighting
Exterior Lighting
Lighting
Office Equipment
Office
Compressed Air
Process
Cooking
Process
Food Processing
Process
Motors
Process
Process Cooling
Process
Process Heat
Process
Process Steam
Process
Pumps
Process
Refrigeration
Refrigeration
Other (User Entered Text String
Description)
Other
Measure Market Sector/Market Segment Classification
Where reports require market sector or market segment classification, the following classification scheme
should be used.
Market Sector
Market Segment
Residential
NA
Single Family
NA
Multi Family
NA
Mobile Homes
NA
Nonresidential
NAICS CODE (greater than 2 digit not required)
Commercial
NAILS CODE (greater than 2 digit not required)
Industrial
NAICS CODE (greater than 2 digit not required)
Agricultural
NAICS CODE (greater than 2 digit not required)
Unknown
NA
ATTACHMENT 3
6. Allowable Costs
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer -
funded energy efficiency work. The costs reported should be only for costs actually expended. Any
financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as
listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost
elements are to be used whenever costs are invoiced or reported to the program administrator, If there is a
desire to include additional Allowable Cost elements, the program administrator should be contacted in
order for the administrator to seek avvroval from the CPUC.
3/3012006
Cost Cate ones Allowable Costs
Administrative Cost Categovy
Managerial and Clerical Labor
IOU Labor - Clerical
IOU Labor - Program Design
IOU Labor - Program Development
IOU Labor - Pro ram Planning
IOU Labor - ProeramfProiect Manavement
IOU Labor - Staff Management
IOU Labor - Staff Supervision
Subcontractor Labor Clerical
Subcontractor Labor - Program Design
Subcontractor Labor - Program Development
Subcontractor Labor - ProgjamPlanning
Subcontractor Labor - Progracn/Pro•ect Management
Subcontractor Labor - Staff Management
Subcontractor Labor - Staff Suuervision
Hunran Resource Support and Development
IOU Labor - Human Resources
IOU Labor - Staff Development and Training _
IOU Benefits - Administrative Labor
IOU Benefits - Direct Implementation Labor
IOU Benefits - Marketing/Advertisitr /Oittreach Labor
IOU Payroll Tax - Administrative Labor
IOU Payroll Tax - Administrative Labor
IOU Payroll Tax - Administrative Labor
IOU Pension - Administrative Labor _
IOU Pension - Direct Implementation Labor
IOU Pension - Market in /Adve rtis inglputreach Labor
Subcontractor Labor- Human Resources
Subcontractor Labor - Staff Development and Training
Subcontractor Benefits - Administrative Labor
Subcontractor Benefits - Direct Implementation Labor
Subcontractor Benefits - Marketiit /Advertisin Outreaclr Labor
Subcontractor Payroll Tax - Administrative Labor
Subcontractor Pa roll Tax - Direct Itn lenrentation Labor
Subcontractor Payroll Tax - Marketitia/Advertisine/Outreach Labor
I Subcontractor Pension - Administrative Labor I
ATTACHMENT 3
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer -
funded energy efficiency work. The costs reported should be only for costs actually expended. Any
financial commitments are to be categorized as connnitments. If the reporting entity does not have a cost as
listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost
elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a
desire to include additional Allowable Cost elements, the program administrator should be contacted in
order for the administrator to seek approval from the CPUC.
3/30/2006
Cost Categories Allowable Costs
Subcontractor Pension - Direct Implementation Labor
Subcontractor Pension - Markketin /Advertisin Outreach Labor
Travel and Conference Fees
IOU Conference Fees
IOU Labor - Conference Attendance
IOU Travel - Airfare
IOU Travel - Lodging
IOU Travel -Meals
IOU Travel - Mileage
IOU Travel - Parkin
IOU Travel - Per Diem for Misc. Fx enses
Subcontractor - Conference Fees
Subcontractor Labor - Conference Attendance
Subcontractor - Travel - Airfare
Subcontractor - Travel - Lodging
Subcontractor - Travel - Meals
Subcontractor - Travel - Mileage
Subcontractor - Travel - Parkin
Subcontractor - Travel - Per Diens for Misc. EXDenses
Overhead General and Administrative - Labor and i-laterials
IOU Equipment Communications
IOU Equipment Com utin
IOU Equipment Document Reproduction
IOU Equipment General Office
IOU E ui ment Trans ortation
IOU Food Service
IOU Office Supplies _
IOU Postage
IOU Labor - Accounting Si ort
IOU Labor - Accounts Payable
IOU Labor - Accounts Receivable
IOU Labor -Administrative
IOU Labor - Facilities Maintenance
IOU Labor - Materials Nlana entent
IOU Labor - Procurement
IOU Labor - Shop Services
JOU Labor - Transportation Services ____1
IOU Labor - Automated Systems
IOU Labor - Comrutunications
ATTACHMENT 3
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer -
funded energy efficiency work. The costs reported should be only for costs actually expended. Any
financial comrnittnents are to be categorized as commitments. If the reporting entity does not have a cost as
listed on the cost reporting sheet, then no cost is to be reported for that iters, These Allowable Cost
elements are to be used whenever costs are invoiced or reported to the program administrator, If there is a
desire to include additional Allowable Cost elements, the program administrator should be contacted in
order for the administrator to seek approval from the CPUC.
Cost Categories 3/30/2006
Allowable Costs
IOU Labor - Information Technolo
IOU Labor - Telecommunications
Subcontractor E ui ment Communications
Subcontractor Equipment Corn utin
Subcontractor E ui Tent Document Reproduction
Subcontractor Equi-- General Office
Subcontractor E ui Tent Trans ortation
Subcontractor Food Service
Subcontractor Office Supplies
Subcontractor Postage
Subcontractor Labor - Accounting Support
Subcontractor Labor - Accounts Payable
Subcontractor Labor - Accounts Receivable
Subcontractor Labor - Facilities Maintenance
Subcontractor Labor - Materials Management
Subcontractor Labor - Procurement
Subcontractor Labor - Shop Services
Subcontractor Labor - Administrative
Subcontractor Labor - Transportation Services
Subcontractor Labor - Automated Systems
Subcontractor Labor - Communications
Subcontractor Labor - Information Technology
Subcontractor Labor - Telecommunications
IVilarlietiu¢/Advertisin /Outre.tclI TIOU
ate pry
- Advertisements / Media Promotions
- Bill Inserts
Brochures
DoorHaners- Print Advertisements
IOU - Radio Sloots
IOU - Television Spots
IOU - Website Develonment
IOU Labor - Marketing
IOU Labor - Media Production
IOU Labor- Business Outreach
IOU Labor - Customer Outreach
IOU Labor - Customer Relations
Subcontractor - Bil! Inserts
Subcontractor - Brochures
ATTACHMENT 3
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer -
funded energy efficiency work. The costs reported should be only for costs actually expended. Any
financial conunitments are to be categorized as commitments. If the reporting entity does not have a cost as
listed on the cost reporting sheet, then tto cost is to be reported for that item. These Allowable Cost
elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a
desire to include additional Allowable Cost elements, the program administrator should he contacted it,
order for the administrator to seek a at from the CPUC.
Cost Cate ories 3/30/2006
Allowable Costs
Subcontractor - Door Han ers
Subcontractor - Print Advertisements
Subcontractor - Radio S ots
Subcontractor - Television spots
Subcontractor - Website [Development
Subcontractor Labor - Marketing
Subcontractor Labor - Media Production
Subcontractor Labor - Business Outreach
Subcontractor Labor - Customer Outreach
Subcontractor Labor - Customer Relations
Direct Im plementation Cost Cate—
I'irtancial Incentives to Custotuer:s
Activity - Direct Labor
IOU Labor - Curriculum Dcvelopntent
IOU Labor - Customer Education and Training
IOU Labor - Customer Equipment Testing and Diagnostics
IOU Labor - Facilities Audits
Subcontractor Labor - Facilities Audits
Subcontractor Labor - Curriculum Development
Subcontractor Labor - Customer Education and Training
Subcontractor Labor - Customer E ui ment Testing and Diagnostics
Installation aad Service - Labor
IOU Labor - Custo�uer E ui tttent Re air and Servicing
IOU Labor - Measure Installation
Subcontractor Labor - Customer Equipment Re air and Servicin
Subcontractor Labor - Customer E ui ment Re air and Servicing
Direct In' plententation Hardware and Materials
IOU Audit Applications and Forms
IOU Direct Implementation Literature
IOU Education lylaterials
IOU Energ Measurement Tools
IOU Installation Hardware '~
Subcontractor - Direct Implementation Literature
Subcontractor - Education Materials
Subcontractor - Eneir—gy Measurement Tools
Subcontractor - Installation Hardware
Subcontractor -Audit Applications and Forms
Rebate Processing and Inspection - Labor and Materials
IOU Labor - Field Verification
ATTACHMENT 3
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-
fzjnded energy efficiency work. The costs reported should be only for costs actually expended. Any
financial commitments are to be categorized as commitments. If the reporting entity does not have a cost as
listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost
elements are to be used whenever costs are invoiced or reported to the program administrator. if there is a
desire to include additional Allowable Cost elements, the program administrator should be contacted in
order for the administrator to seek approval from the CPUC.
Cost Categories 3/30/2006
Allowable Casts
IOU Labor - Site Ins eetions
IOU Labor - Rebate Processing
IOU Rebate Applications
Subcontractor Labor - Field Verification
Subcontractor Labor - Rebate Processing
Subcontractor - Rebate Applications