AMENDMENT TO AGREEMENT

BETWEEN PACIFIC GAS AND ELECTRIC COMPANY

AND THE COUNTY OF SAN MATEO

 

THIS AMENDMENT TO THE AGREEMENT, entered into this 20th day of October, 2009, by and between the COUNTY OF SAN MATEO, hereinafter called "Participant," and Pacific Gas and Electric, hereinafter called "PG&E";

 

W I T N E S S E T H:

 
 

WHEREAS, the parties entered into an Agreement for funding a Florescent Lamp Recycling Program with an effective date of October 20, 2008 approved by Resolution 069742; and

 

WHEREAS, the parties wish to amend the Agreement to extend the term to December 31, 2010 and to increase the maximum amount by $40,000 and make other minor modifications as set forth below.

 

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

   

1.

Section 1. Funding and Program Launch Date of the agreement is amended to read as follows:

   
 

1. Funding and Program Launch Date. PG&E agrees to pay Participant $50,000 (the “Grant”) to help defray costs associated with Participant’s participation in the Program, including without limitation Participant’s performance of its obligations hereunder. Unless otherwise approved by PG&E in writing, Participant agrees to use the Grant in accordance with the budget attached hereto as Exhibit A and as otherwise described in this Agreement. PG&E shall pay the Grant to Participant within 30 days following the Effective Date. Participant understands that this is a one-time grant and no further funding will be provided by PG&E. Also, in the event the CPUC reduces the funding available for the Program prior to the date PG&E makes the Grant payment to Participant, PG&E may elect to terminate this Agreement on written notice to Participant, in which case this Agreement will terminate and the Grant will not be made. Participant agrees to officially launch the Program by December 31, 2008. In addition to the above-mentioned funds, as of October 20, 2009, PG&E agrees to pay an additional $40,000 to help defray the costs associated with Participant’s participation in the Program, including without limitation Participant’s performance of its obligations hereunder.

   

2.

Section 3. Program Implementation, paragraphs (a), (b), (c)(i)(ii) of the agreement is amended to read as follows:

 

3. Program Implementation.

   
 

(a)

Retailer Identification. Participant shall identify and enroll local retailers (“Retailers”) into the Program to act as recycling drop off points and shall assist the Retailers in the establishment of proper CFL collection methods and procedures. Through the Retailers, Participant will test different collection strategies that may include, without limitation, defined-duration collection events at specified locations, widespread advertisement of existing collection locations and collection using individual and bulk mail-in recycling kits. Participant shall provide PG&E with an updated list of participating retailers by January 1, 2010.

 

(b)

Supplies. Participant shall use up to $10,000 of the additional $40,000 for the purchase and distribution of CFL recycling supplies and related services to be used by the Retailers to store and transport CFLs to one or more designated recycling centers. If a Retailer purchases these supplies or services directly, Participant may use this portion of the Grant to reimburse the Retailer for the cost of these supplies and services. Participant and each of the Retailers are solely responsible for selecting the type of supplies and services to be utilized in the Program and the vendors of these supplies and services.

 

(c)

Public Outreach.

   

(i)

Advertising. Participant shall use the remainder of the additional $40,000 for public outreach that may include, without limitation, newspaper, radio, Internet, flyer and point-of-sale advertising (collectively, “Advertising”). Through this public outreach, Participant shall inform residents: (i) that CFLs should never be placed in the trash because of the potential health hazards caused by such improper disposal, (ii) of locations where residents can take their spent CFLs while a statewide plan is being developed for standard disposal practices; and (iii) about safe clean-up procedures that must be taken for broken CFLs, including references to resources that contain information on proper cleanup procedures for broken CFLs, such as websites maintained by PG&E and federal, state and local governments. All Advertising material will utilize the dual and simultaneous messaging of environmental protection and energy efficiency to ensure that residents understand the importance and value of using CFLs to reduce energy use and also the necessity to appropriately recycle these CFLs to protect the environment and public health.

   

(ii)

Plan and Cost Estimate. Participant shall provide PG&E with an Advertising plan and cost estimate for the remaining additional funds by January 1, 2010. This plan will identify the newspapers, radio stations and any other advertising placements and their estimated costs. Participant and PG&E shall work collaboratively to identify whether PG&E may be able to obtain lower rates for the same placements. If the parties determine that PG&E’s rates for certain placements may be lower, PG&E will work with Participant to try to obtain these lower rates for Participant’s benefit.

     

3.

Section 4 Reports, paragraph (a) of the Agreement is amended to read as follows:

   
 

(a)

Costs of Supplies and Advertising. On or before December 31, 2008 and every two moths thereafter, Participant shall submit a report with documentation on the purchases of recycling supplies and services made under this Agreement which shall include at a minimum the vendor name, dollar amount and description of goods and services purchased. Additionally, on or before December 31, 2008 and every two months thereafter, Participant shall submit a report with documentation on the Advertising placements purchased under this Agreement which shall include at a minimum the vendor name, media description, dollar amount and date of placement. Participant shall expend the entire Grant by December 31, 2010 and send a final report by that date, unless both parties agree to a written request for an extension. Participant shall also supply such other information and documentation PG&E may request from time to time with respect to Participant’s use of the Grant and Participant’s performance of this Agreement. Participant shall send all such information and documentation to PG&E’s Program Manager.

   

4.

Section 6. Term and Termination is amended to read as follows:

   
 

6. Term and Termination. This Agreement shall commence on the Effective Date and shall continue until December 31, 2010. Either party may terminate this Agreement with 30 days written notice upon the other’s material breach of this Agreement, provided the breaching party has not cured the breach within the 30-day period. Upon termination of this Agreement, Participant shall return to PG&E any portion of the Grant that has not been utilized in the Program. Section 4 and Sections 7 through 20 shall survive any termination of this Agreement.

   

All other terms and conditions of the agreement effective October 22, 2008 between the Participant and PG &E shall remain in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

 
 

Date: ______

COUNTY OF SAN MATEO

 
 
 
 

By:

   

President, Board of Supervisors

   

San Mateo County

 
 

ATTEST:

 

By:

Clerk of Said Board

 
 

Date: ______

Pacific Gas and Electric Company

 
 
 
   
 

Contractor’s Signature