AMENDMENT NO. 1 TO AGREEMENT FOR PROGRAM
MANAGEMENT BY AND BETWEEN THE CITY OF LANCASTER AND
PARTICIPATE ENERGY, LLC
This Amendment ("Amendment No. 1) is hereby entered into and is effective as of August 9, 2024, by and between the City of Lancaster, a California municipal corporation and charter city "Program Manager") and Participate Energy, LLC ("Owner") (collectively, sometimes hereit referred to s the "parties") and relates to that certain Agreement for Program Management between the Parties dated December 1, 2022 ("Agreement").
The Parties agree as follows:
1. Exhibit A is hereby amended to add additional services and fees as shown.
2. All other terms and provisions of the Agreement are hereby reaffirmed.
In witness whereof the Parties have executed the Amendment of the date set forth below:
City of Lancaster Participate Energy, LLC
Trolis Niebla, City Manager Ethan Friedman, Managing Director Acknowledged:
Jason Caudle, Lancaster Energy CEO
ATTEST:
Andrea Alexander, City Clerk
Allison Burns, City Attorney
EXHIBIT A
PROGRAM MANAGEMENT SERVICES SCHEDULE
Program Management Services generally include all activities necessary or helpful to:
(a) Monitor and support and all permitting activities for any System. (b) Prepare materials and conduct communications and outreach to residential electric power customers in its service territory to promote the Program and encourage the installation of Systems.
(c) Create a streamlined and integrated System permitting process, allowing for faster System permitting.
(d) Effectively communicate with and guide the Installer through the System permitting process to ensure shorter permitting timelines and to avoid any permitting delays; (e) Effectively coordinate the System permitting process with all other governmental agencies involved.
(f) To the extent legally permissible and reasonable, expedite permitting for any System. (g) At the Program Manager's discretion, provide general marketing and sales support as outlined below.
Program Manager Scope Consultant Scope Deliverable
Targeted outbound Provide a list of active Email and/or call 1. Sales and marketing outreach customers (including but not customers to inform them support limited to CARE/FERA) of various offers from 2. Activity report enrolled or qualified Lancaster Energy.
customers with names),
physical address, email
addresses), phone
number(s), current tariff,
annual load, and/or average
monthly bill.
Local marketing Collaborate on local, in- Same as Targeted support person marketing outbound outreach
Sales ntegrate various options into 1. Activity report
he Program Manager's 2. Closed-won orders
and staff for sales support.
Fees earned by the Owner related to the scope of work outlined below are deemed earned by the Owner for each new System where the initial order was placed during the term of this scope of work upon achieving Final Completion as described in the Agreement.
2. Payment of fees shall be Five Cents ($0.05) for each Watt/dc of solar generating capacity for each System that has reached Final Completion. All fees earned by the Owner shall be subtracted from the Program Management Agreement Fee on a per System basis at the time of payment.
3. Payment of fees shall comply with the Compensation provision of this Agreement.
4. The Term for the Consulting scope shall begin upon written approval from the Program Manager and continue until such time that either Party provides written notification of termination to the other Party, in which case, the scope of services shall terminate five (5) business after written notice is delivered
If a System achieves Final Completion subsequent to termination of this scope of services under this Agreement, fees will be deemed earned if the System was ordered while the scope of services was active.