FIRST AMENDMENT TO PROGRAM MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF POMONA, DBA POMONA CHOICE ENERGY AND PARTICIPATE ENERGY, LLC FOR EXPANSION OF THE POMONA CHOICE ENERGY POWER CHOICE SOLAR AND BATTERY PROGRAM THIS FIRST AMENDMENT TO THE AGREEMENT (FIRST AMENDMENT) is entered into by and between the CITY OF POMONA (PROGRAM MANAGER) AND PARTICIPATE ENERGY LLC (OWNER). Collectively, these entities shall be known herein as “PARTIES” or individually as “PARTY”.
RECITALS
WHEREAS, on August 7, 2023, the City Council approved the Agreements for the Pomona Choice Energy Solar and Battery Residential Program with Participate Energy, LLC; WHEREAS, the Program Management Agreement dated September 18, 2023, is hereby amended to add additional services and fees; and WHEREAS, this amendment will add commercial and industrial customers to the Power Choice Program; and decreases the fee paid by Owner by $0.40 per watt fee to $0.35 per watt, with the $.05 per watt to be used to market through the Channel Partners program to promote to all residential, commercial and industrial customers within the City of Pomona; and, NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this FIRST AMENDMENT and the AGREEMENT, the PARTIES agree as follows:
The Recitals are true and correct and are hereby incorporated herein by this reference.
Exhibit “A” of the Program Management Agreement is hereby amended in its entirety to read as follows:
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.
Create a streamlined and integrated System permitting process, allowing for faster System permitting.
Effectively communicate with and guide the Installer through the System permitting process to ensure shorter permitting timelines and to avoid any permitting delays; Effectively coordinate the System permitting process with all other governmental agencies involved.
To the extent legally permissible and reasonable, expedite permitting for any System.
At the Program Manager’s discretion, Owner, acting as consultant, shall provide general marketing and sales support as outlined below:
Program Manager Scope
Consultant Scope
Deliverable
Targeted outbound outreach
Provide a list of active customers (including but not limited to CARE/FERA) enrolled or qualified customers with name(s), physical address, email address(es), phone number(s), current tariff, annual load, and/or average monthly bill.
Email and/or call customers to inform them of various offers from Pomona Choice Energy.
Under the Program Manager’s guidance and instruction, provide outbound sales support to interested customers using marketing materials jointly developed.
Sales and marketing support
Activity report
Local marketing support
Collaborate on local, in-person marketing opportunities Provide staff to attend and support customer sales activities during events Same as Targeted outbound outreach
Sales
Integrate various options into the Program Manager’s marketing and communication platforms so that interested customers can reach consultant resources and staff for sales support.
Provide inbound sales support to potential customers through call, email, or chat. If possible, provide Spanish-speaking support.
Activity report
Closed-won orders
Continuing Effect of Agreement. Except as amended by this FIRST AMENDMENT, all provisions of the AGREEMENT (attached hereto as Attachment 2 to the Amendment) shall remain unchanged and in full force and effect. From and after the date of this FIRST AMENDMENT, whenever the term “AGREEMENT” appears in the AGREEMENT it shall mean the AGREEMENT as amended by this FIRST AMENDMENT.
Adequate Consideration. The PARTIES hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this FIRST AMENDMENT.
Counterparts. This FIRST AMENDMENT may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the PARTIES hereto have caused this FIRST AMENDMENT to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
PARTICIPATE ENERGY, LLC
By
Ethan Friedman, Executive Managing Director
Date
CITY OF POMONA
By
Anita D. Scott, City Manager
Date
ATTEST:
By
Rosalia A. Butler, MMC, City Clerk
Date
APPROVED AS TO FORM:
By
Best Best & Krieger LLP, City Attorney
Date
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