HomeMy WebLinkAboutContracts & Agreements_96-2013_CCv0001.pdf CONTRACT NO: 013066
By and Between
San Bernardino Associated Governments (SANBAG)
And
CITIES OF ADELANTO,BARSTOW,BIG BEAR LAKE, CHINO,CHINO HILLS,
COLTON,FONTANA, GRAND TERRACE, HESPERIA, HIGHLAND,LOMA LINDA,
MONTCL AIR,NEEDLES,ONTARIO,RANCHO CUCAMONGA, REDLANDS,RIALTO,
SAN BERNARDINO,TWENTYNINE PALMS, UPLAND, VICTORVILLE,YUCAIPA, AND
THE TOWNS OF APPLE VALLEY AND YUCCA VALLEY, AND THE COUNTY OF
SAN BERNARDINO
For
Implementation of a Property Assessed Clean Energy Program(PACE)
To Finance the Installation of Distributed Generation Renewable Energy Sources, Energy
or Water Efficiency Improvements or Electric Vehicle Charging Infrastructure
C13066 Property Assessed Clean Energy Program(PACE) Page 1
CONTRACT NO. 013066
MEMORANDUM OF UNDERSTANDING
BY AND AMONG THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
AND
CITIES OF ADELANTO, BARSTOW, BIG BEAR LAKE, CHINO, CHINO HILLS,
COLTON, FONTANA, GRAND TERRACE, HESPERIA, HIGHLAND,LOMA LINDA,
MONTCLAIR,NEEDLES,ONTARIO, RANCHO CUCAMONGA, REDLANDS,RIALTO,
SAN BERNARDINO, TWENTYNINE PALMS, UPLAND, VICTORVILLE,YUCAIPA,AND
TOWNS OF APPLE VALLEY AND YUCCA VALLEY AND THE COUNTY OF
SAN BERNARDINO
FOR
IMPLEMENTATION OF
A PROPERTY ASSESSED CLEAN ENERGY PROGRAM(PACE)
TO FINANCE THE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY OR WATER EFFICIENCY IMPROVEMENTS OR
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
This Memorandum of Understanding ("MOU") is nominally dated January 9, 2013
between the SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SANBAG"), a joint powers
authority formed under Government Code sections 6500 et seq., and the Participating Entities, each a
general law or charter city, town or a county formed under the Constitution and the laws of the State of
California. SANBAG and the Participating Entities are sometimes collectively referred to in this
MOU as the "Parties" or individually as a "Party." The Participating Entities include those cities,
towns and county that have duly executed this MOU, as evidenced on the signature pages attached
hereto.
RECITALS
WHEREAS, the County of San Bernardino and various cities within such county have entered
into an "Amended Memorandum of Understanding for the Joint Exercise of Powers Relative to the
San Bernardino Associated Governments" last amended October 17, 1975 (the "JPA'), to create
SAN,BAG; and
WHEREAS, Participating Entities are each signatories to the JPA, and
013066 Property Assessed dean Energy ProLgrain(PACE) Page 2
WHEREAS, the purpose of the JPA is to improve and coordinate governmental services on a
county-wide, subregional and regional basis through the establishment of SANBAG as a cooperative
association of governments; and
WHEREAS, Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code
(commencing with Section 5898.12) ("Chapter 29") permits cities and counties to establish contractual
assessment programs to finance the installation of distributed generation renewable energy sources,
energy or water efficiency improvements or electric vehicle charging infrastructure that are
permanently fixed to residential, commercial, industrial, agricultural, or other real property; and
WHEREAS, the parties to the JPA, as cities and counties, have the common power to
implement and administer contractual assessment programs pursuant to Chapter 29 which programs
are commonly referred to as a property assessed clean energy (the "PACE Program") to finance
installation of such improvements within their respective jurisdictions; and
WHEREAS, SANBAG and Participating Entities believe that the establishment by SANBAG
of a single, countywide PACE Program would improve and coordinate the provision of such a PACE
Program within the jurisdictions of Participating Entities and SANBAG and Participating Entities
desire to enter into this MOU in order to authorize SANBAG to implement and administer such a
PACE Program on behalf of Participating Entities.
NOW, THEREFORE, it is mutually understood and agreed by SANBAG and the
Participating Entities as follows:
AGREEMENT
Section 1: Establishing the PACE Program
SANBAG will undertake proceedings pursuant to Chapter 29 to establish a PACE
Program to make such contractual assessment financing available to eligible property owners within
the jurisdictional boundaries of Participating Entities.
Section 2: Establishing Eligible Improvements
SANBAG shall identify the kinds of distributed generation renewable energy sources,
energy or water efficiency improvements or electric vehicle charging infrastructure that may be
financed ("Eligible Improvements")under the PACE Program.
Section 3: Boundary of Program
SANBAG, in coordination with Participating Entities, shall describe the boundaries of
the area within which contractual assessments under the PACE Program may be entered into, which
may include the entire jurisdictional area of each of the Participating Entities or a lesser portion
thereof.
013066 Property Assessed Clean Energy Program(PACE) Page 3
Section 4: Financing the Installation of Eligible Improvements
SANBAG shall develop and implement a plan for the financing- of the purchase and
installation of the Eligible Improvements under the PACE Program.
Section 5: Ongoing Administration
SAINBAG shall be responsible for the ongoing administration of the PACE Program,
including but not limited to producing education plans to raise public awareness of the PACE Program,
soliciting, reviewing and approving applications from property owners who freely and willingly
consent to participate in the PACE Program, establishing assessment contracts for property owners
participating in the PACE Program, establishing and collecting assessments due under the PACE
Program, and providing reports as required by Chapter 29. The PACE Program will be administered in
accordance with the JPA.
Section 6: Phased Implementation
The Parties recognize and agree that implementation of the PACE Program as a whole
can and may be phased as other parties to the JPA elect to enter into the MOU. The Participating
Entities entering into this MOU will obtain the benefits of and incur the obligations imposed by this
MOU in its jurisdictional area, irrespective of whether other parties to the JPA enter into the MOU.
Section 7: Term,
The term of this MOU shall be for twenty (20) years unless modified or extended
pursuant to this MOU.
Section 8: Termination
Upon ninety (90) days written notice, a Participating Entity may terminate its
participation in the PACE Program through this MOU.
Section 9: Environmental Review
SANBAG shall be the lead agency under the California Environmental Quality Act for
any environmental review that may be equired in implementing or administering the PACE Prog am
under this MOU.
Section 10: Cooperative Effort
Participating Entities shall cooperate with SANBAG by providing information and
other assistance in order for SANBAG to meet its obligations hereunder. Participating Entities
recognize that one of their responsibilities related to the PACE Program will include any permitting or
inspection requirements as established by the Participating Entities pertaining to the installation of
Eligible Improvements within their respective jurisdictions.
C13066 Property Assessed Clean Energy Program(PACE) Page 4
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Section 11: Miscellaneous Provisions
11.1 Notice. Any and all communications and/or notices in connection with this
MOU shall be either hand-delivered or sent by United States first class mail, postage prepaid, and
addressed to the respective Parties at the addresses set forth in Exhibit A attached hereto and
incorporated herein by this reference:
11.2 Entire MOU. This MOU, together with the JPA, constitutes the entire
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agreement among the Parties regarding the subject matter of this MOU. This MOU supersedes any
and all other agreements, either oral or in writing, among the Parties with respect to the subject matter
hereof and contains all of the covenants and agreements among them with respect to said matters, and
each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise,
has been made by the other Party or anyone acting on behalf of the other Party that is not embodied
herein.
11.3 Successors and Assigns. This MOU and each of its covenants and conditions
shall be binding on and shall inure to the benefit of the Parties and their respective successors and
assigns. A Party may only assign or transfer its rights and obligations under this MOU with prior
written approval of the other Parties, which approval shall not be unreasonably withheld.
11.4 Attorney's Fees. If any action at law or equity, including any action for
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declaratory relief is brought to enforce or interpret the provisions of this MOU, each Party to the
litigation shall bear its own attorney's fees and costs.
11.5 Governing Law. This MOU shall be governed by and construed in accordance
with the laws of the State of California, as applicable.
11.6 No Third Party Beneficiaries. This MOU shall not create any night or interest in
the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not
a Party to this MOU to maintain a suit for personal injuries or property damages under the provisions
of this MOU. The duties, obligations, and responsibilities of the Parties to this MOU with respect to
third party beneficiaries shall remain as imposed under existing state and federal law.
11.7 Severability. In the event one or more of the provisions contained in this MOU
is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be
deemed severed from this MOU and the remaining parts of this MOU shall remain in full force and
effect as though such invalid, illegal, or unenforceable portion had never been a part of this MOU.
11.8 Headings. The paragraph headings used in this MOU are for the convenience of
the Parties and are not intended to be used as an aid to interpretation.
11.9 Amendment. No amendment, modification, alteration or variation of the terms
of this MOU shall be valid unless made in writing and signed by the Parties hereto and no oral
understanding or agreement pertaining to the subject matter of this MOU and not incorporated herein
shall be binding on any of the Parties hereto.
(Signature pages to follow)
013066 Property Assessed Clean Energy Program(PACE) Page 5
IN WITNESS WHEREOF, THE PARTIES HERETO have executed this 'j\40U to be effective
on the date signed below by SANBAG.
SAN BERNARDINO ASSOCIATED GOVERNMENTS ("SANBAG")
By: Date:
Janice Rutherford
SANBAG President
APPROVED AS TO FORM:
By: Date:
Eileen Monaghan Teichert
General Counsel
CONCURRENCE:
By:
Jeffery Hill
Contract Administrator
PARTICIPATING ENTITIES SIGNATURES ON THE FOLLOWING PAGES
013066 Property Assessed Clean Energy Program(PACE) Page 6
City of Redlands Signature Page
MEMORANDUM OF UNDERSTANDING Contract 013066
SAN BERNARDINO ASSOCIATED GOVERNMENTS
And
CITIES OF ADELANTO, BARSTOW, BIG BEAR LAKE, CHINO, CHINO HILLS,
COLTON, FONTANA, GRAND TERRACE, HESPERIA, HIGHLAND, LOMA LINDA,
MONTCLAIR, NEEDLES, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO,
SAN BERNARDINO, TWENTYNINE PALMS, UPLAND, VICTORVILLE, YUCAIPA, AND
THE TOWNS OF APPLE VALLEY AND YUCCA VALLEY, AND THE COUNTY OF
SAN BERNARDINO
For Implementation of a Property Assessed Clean Energy Program (PACE) to Finance
the Installation of Distributed Generation Renewable Energy Sources, Energy of Water
Efficiency Improvements or Electric Vehicle Charging Infrastructure.
IN WITNESS WHEREOF, the Participating Entity named below has executed this
Agreement on the date written below:
CITY OF ;AD1S:
By:
Date:
APPROVED AS TO FORM:
By:
Date:
C13066 Property Assessed Clean Energy Program(PACE) Page 22
EXHIBIT A
NOTICE ADDRESSES FOR THE PARTIES
C 13066 Property Assessed Clean Energy Program(PACE) Exhibit A-Page I
ToSANBAG Executive Director
San Bernardino Associated Governments
1170 W. 3rd Street, 2" Floor
San Bernardino, CA 92410-1715
To City of Adelanto James Hart
City Manager
P.O. Box 10
Adelanto, CA 92301
To Town of Apple Valley Frank Robinson
Town Manager
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
To City of Barstow Curt Mitchell
City Manager
City of Barstow
220 E. Mountain View Street, Suite A
Barstow, CA 92311-2888
To City of Big Bear Lake Jeff Mathieu
City Manager
City of Big Bear Lake
P.O. Box 10000
Big Bear Lake, CA 92315-8900
To City of Chino Miles Pruitt
City Manager
City of Chino
P.O. Box 667
Chino, CA 91708-0667
To City of Chino Hills Michael Fleager
City Manager
City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
To City of Colton Rod Foster
City Manager
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
To City of Fontana Ken Hunt
City Manager
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
C131066 Property Assessed Clean Energy Program(PACE) Exhibit A-Page 2
To City of Grand Terrace Betsy Adams
City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
To City of Hesperia Mike Podegracz, P.E.
City Manager
City of Hesperia
9700 Seventh Avenue
Hesperia, CA 92345
To City of Highland Joseph Hughes
City Manager
City of Highland
27215 Base Line
Highland, CA 92346
To City of Loma Linda Jarb Thaipejr, P.E.
City Manager
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
To City of Montclair Edward Staff
City Manager
City of Montclair
P.O. Box 2308
Montclair, CA 91763
To City of Needles David Brownlee Jr.
City Manager
City of Needles
817 Third Street
Needles, CA 92363
To City of Ontario Christopher Hughes
City Manager
City of Ontario
303 East B Street
Ontario, CA 91764
To City of Rancho Cucamonga John Gillison
City Manager
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
To City of Redlands N. Enrique Martinez
City Manager
City of Redlands
P.O. Box 3005
Redlands, CA 92373-1505
013066 Property Assessed Clean Energy Program(PACE) Exhibit A-Page 3
To City of Rialto Michael Story
City Manager
City of Rialto
150 South Palm Avenue
Rialto, CA 92376
To City of San Bernardino Andrea Travis-Miller
City Manager
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418
To City of Twentynine Palms Richard Warne
City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
To City of Upland Stephen Dunn
City Manager
City of Upland
460 N. Euclid Avenue
P.O. Box 460
Upland, CA 91786
To City of Victorville Doug Robertson
City Manager
City of Victorville
P.O. Box 5001
Victorville, CA 92393-5001
To City of Yucaipa Ray Casey
City Manager
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
To Town of Yucca Valley Mark Nuaimi
Town Manager
Town of Yucca Valley
57090 29 Palms Highway
Yucca Valley, CA 92284
To San Bernardino County Mr, Gregory C. Devereaux
Chief Executive Officer
San Bernardino County Administrative Office
385 N, Arrowhead Avenue, 5th Floor
San Bernardino, CA 92415-0120
C13066 Property Assessed Clean Energy Prograrn(PACE) Exhibit A-Page 4