HomeMy WebLinkAboutContract 1568 810 - )13
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IMPLEMENTATION AGREEMENT
AUTHORIZING THE COACHELLA VALLEY ASSOCIATION,
OF GOVERNMENTS TO IMPLEMENT,MANAGE AND ADMINISTER THE
CLEAN ENERGY PROGRAM
THIS IMPLEMENTATION AGREEMENT is made and entered into on the 18th day
of June 2013 (this"Agreement")pursuant to Government Code Section 6500 et seq., other .
pertinent provisions of law, and the Coachella Valley Association of Governments Joint Powers
Agreement entered into on or about November, 1973, as amended and restated on June 26, 1989,
and as further amended and restated on June 16, 1998 (collectively,the"Joint Powers
Agreement"), by and between six or more, or if approved by the CVAG Executive Committee,
two or more,of the following public agencies:
(a) County of Riverside
(b) City of Coachella
(c) City of Indio
(d) City of La Quinta
(e) City of Indian Wells
(f) City of Palm Desert
(g) City of Rancho Mirage
(h) City of Cathedral City
(i) City of Palm Springs
(j) City of Desert Hot Springs
(k) City of Blythe
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RECITALS
A. Each member and party to this Agreement is a governmental entity established by
law with full powers of government in legislative, administrative, fmancial and other related
fields. The Coachella Valley Association of Governments ("CVAG") was formed so that its
members might coordinate and improve the planning and delivery of governmental
responsibilities common to all member entities within the local region.
B. The purpose of this Agreement is to authorize CVAG pursuant to the Joint
Powers Agreement to implement,manage and administer a SB 555 Clean Energy Program
and/or an AB 811 Clean Energy Program as described herein within the jurisdictions of the
parties to this Agreement and to adopt ordinances and resolutions pertaining to same.
C. Each party to this Agreement is a member of CVAG and is also a local agency
defined in the Mello-Roos Community Facilities Act of 1982, as amended, including as amended
by Senate Bill No. 555 (Statutes 2011,chapter 493)(the"Act"). Each party has the power
under the Act and other state laws to establish a clean energy program("SB 555 Clean Energy
Program")by forming a community facilities district within such party's jurisdictional
boundaries and levying special taxes therein to fmance the acquisition, installation, and
improvement of energy efficiency, water conservation, and renewable energy improvements
permanently affixed to or on real property and in buildings,whether the real property or
buildings are privately or publicly owned (the"Authorized Improvements"), all in accordance
with the Act.
D. Section 53316.2 of the Act permits the legislative bodies of two or more local
agencies to enter into a joint community facilities agreement or joint exercise of powers
agreement to exercise any power authorized by the Act if the legislative body of each entity
adopts a resolution declaring that the joint agreement would be beneficial to the residents of that
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entity. Each party to this Agreement has determined that it is in its best interests and would be
beneficial to its residents to join together with other parties to this Agreement and authorize
CVAG to implement the SB 555 Clean Energy Program on behalf of such parties through the
formation of a community facilities district under the Act within the jurisdictions of the parties to
this Agreement and the levy of special taxes therein to fmance the Authorized Improvements and
to otherwise authorize CVAG to implement,manage and administer the SB 555 Clean Energy
Program for the parties. This Agreement,together with the Joint Powers Agreement, is intended
to satisfy the provisions of Section 53316.2 of the Act. At the sole discretion of the CVAG
Executive Committee, said SB 555 Clean Energy Program would be in addition to or an
alternative to an AB 811 Clean Energy Program.
E. Assembly Bill 811, enacted by the State Legislature on June 30,2008, and
codified at Streets and Highways Code sections 5898.10 et seq. ("AB 811")permits cities and
counties to assist property owners who desire to undertake energy-efficient improvements, such
as high-efficiency air conditioners, or install renewable energy projects, such as solar panels.
The CVAG members and parties to this Agreement have the common power to implement and
administer contractual assessment programs pursuant to AB 811 (the"AB 811 Clean Energy
Program")to finance such improvements and projects within their jurisdictions. Each party to
this Agreement has determined that it is in its best interests and would be beneficial to its
residents to join together with other parties to this Agreement and authorize CVAG to implement
an AB 811 Clean Energy Program on behalf of such parties through a contractual assessment
program as permitted by AB 811 to assist property owners in financing the cost of installing
distributed generation renewable energy sources or making energy efficiency improvements that
are permanently affixed to real property. At the sole discretion of the CVAG Executive
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Committee, said AB 811 Clean Energy Program would be in addition to or an alternative to the
SB 555 Clean Energy Program.
I.
PURPOSE AND POWERS.
1.1 Purpose of the Agreement.
Each party to this Agreement has the common power under the Act and other
state laws to establish the SB 555 Clean Energy Program by forming a community facilities
district within such party's jurisdictional boundaries and levying special taxes therein to finance
the acquisition, installation, and improvement of the Authorized Improvements, all in accordance
with the Act.
Each party to this Agreement also has the common power to establish a Clean
Energy Program under AB 811 and other state laws,whereby contractual assessment financing
can be made available to eligible property owners within that party's jurisdictional boundary.
The purpose of this Agreement is to jointly exercise either or both of the
foregoing common powers to implement,manage and administer the SB 555 Clean Energy
Program and/or the AB 811 Clean Energy Program on behalf of the parties to this Agreement,
(1)through the formation of a community facilities district within the jurisdictions of the parties
to this Agreement and the levy of special taxes therein, in the case of the SB 555 Clean Energy
Program, or(2)through the formation of an assessment district within the jurisdictions of the
parties to this Agreement and the levy of special assessments therein,in the case of the AB 811
Clean Energy Program. The CVAG Executive Committee, in its sole discretion, shall determine
whether to establish the SB 555 Clean Energy Program and/or the AB 811 Clean Energy
Program on behalf of the parties to this Agreement. Each party hereto consents to the formation
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of a community facilities district and/or establishment of an AB 811 Clean Energy Program by
CVAG within such party's jurisdictional boundaries and consents to the assumption of
jurisdiction by CVAG for the proceedings,the levy, collection and enforcement of the special tax
and the incurrence of debt.
1.2 Powers.
CVAG through its Executive Committee is hereby authorized to perform all
necessary functions to fulfill the purposes of this Agreement. CVAG shall have the power in its
own name to do any of the following:
a. To exercise jointly the common powers of its members under the Act
and/or AB 811 and other state laws to provide for the implementation,management and
administration of the Clean Energy Program;
b. To make and enter into contracts;
c. To contract for the services of engineers, attorneys,planners,program
administrators, financial consultants and separate and apart therefrom to employ such other
persons, as it deems necessary;
d. To incur debts, liabilities or obligations;
e. To adopt rules,regulations,policies,bylaws and procedures governing the
operation of CVAG in accordance with the enumerated purposes contained herein;
f. To apply for an appropriate grant or grants under any federal, state,or
local programs for assistance in developing the Clean Energy Program;
g. To receive gifts, contributions and donations of property, funds, services
and other forms of fmancial assistance from persons, firms, corporations and any governmental
entity;
h. To acquire,hold, and dispose of property;
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i. To acquire, construct,manage,maintain, and operate any buildings,
works,or improvements;
j. To sue and be sued in its own name; and
k. To the extent not herein specifically provided for,to exercise any powers
in furtherance of the purpose of this Agreement in the manner of and according to the methods
provided under applicable laws.
II.
ADMISSION AND WITHDRAWAL OF PARTIES
2.1 Admission of New Parties
It is recognized that public entities, other than the original parties,may wish to
participate in this Agreement. Additional Coachella Valley public entities may become parties to
this Agreement upon such terms and conditions as provided by the General Assembly or
Executive Committee.
2.2 Withdrawal
Each party hereto shall participate in this Agreement until the purposes set forth
in this Agreement are accomplished and shall not withdraw until the termination of this
Agreement pursuant to Section 3.1.
III.
TERMINATION AND DISPOSITION OF ASSETS
3.1 Termination.
The term of this Agreement shall extend to December 31,2043 or the date on
which a notice of cessation of special tax lien has been recorded with respect to all properties
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participating in the Clean Energy Program and all debt incurred with respect to the Clean Energy
Program is repaid in full and no longer outstanding,whichever is later.
Subject in all respects to the preceding sentence,termination shall be
accomplished by written consent of all of the parties in the event that no communities facilities
district has been formed.
3.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any property or funds of CVAG
relating to the Clean Energy Program following the discharge of all obligations shall be disposed
of as the Executive Committee shall determine. The Executive Committee shall consider,to the
extent legally possible,the objective of returning to each party a proportionate return on the
contributions made by such parties, less previous returns, if any.
IV.
MISCELLANEOUS
4.1 Effective Date.
This Agreement shall be effective and CVAG shall be authorized to proceed
under this Agreement when this Agreement has been executed by any six or more, or if approved
by the CVAG Executive Committee, two or more, of the public agencies enumerated herein.
4.2 Partial Invalidity.
If any one or more of the terms,provisions, sections, promises, covenants or
conditions of this Agreement shall to any extent be adjudged invalid,unenforceable,void or
voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the
remaining terms,provisions, sections,promises, covenants and conditions of this Agreement
shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by
law.
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4.3 Amendments.
This Agreement may be amended from time to time with the approval of not less
than two-thirds(2/3)of the members to the Agreement;provided that no amendment may be
permitted that would impact powers or purpose of this Agreement or have an adverse impact on
the Clean Energy Program.
4.4 Arbitration.
Any controversy or claim between any two or more parties to this Agreement,or
between any such party or parties and CVAG,with respect to disputes, demands,differences,
controversies,or misunderstandings arising in relation to interpretation of this contract,or any
breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate
arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and
CVAG. Such notice shall designate as"respondents"such other parties as the initiating party
intends to have bound by any award made therein. Any party not so designated but which
desires to join in the arbitration may,within ten(10)days of service upon it of such notice, file a
response indicating its intention to join in and to be bound by the results of the arbitration, and
further designating any other parties it wishes to name as a respondent. Within twenty(20)days
of the service of the initial demand for arbitration,the initiating party and the respondent shall
each designate a person to act as an arbitrator. The two designated arbitrators shall mutually
designate a third person to serve as arbitrator.
The three arbitrators shall proceed to arbitrate the matter in accordance with the
provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The parties
to this Agreement agree that the decision of the arbitrators will be binding.
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4.5 Counterparts.
This Agreement may be executed in any number of counterparts and by the
different parties hereto on separate counterparts each of which,when so executed, shall be
deemed to be an original,but all such counterparts shall constitute but one and the same
instrument.
4.6 Execution.
The Board of Supervisors of the County of Riverside and/or the City Councils of
the cities enumerated herein have each authorized execution of this Agreement as evidenced by
the authorized signatures below respectively.
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COUNTY i ' VE'
By eJ, ! i
Y
Supe fsor Jo s9. Benoit
Aut •razed Representative of the
Board of Supervisors
ATTEST:
KE I HAR'FR_ EM Jerk
BY01. d_A_A I*E A X11)4 A
DEPUT
CITY OF COACHELLA
By--5:_f•1( L_
Mayor Eduardo Garcia
CITY OF IND
13y
Mayor Elaine Holmes
CITY F LA QU NTA
By
Mayor Don A Iph
ATTEST:
N;IA-41(./k/
Susan Maysels, City erk
City of La Quinta
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
M. Katherine Jenson, City Attorney
City of La Quinta
CITY OF LA QUINTA
•
•
•
By SIGNED IN COUNTERPART
Mayor Don Adolph
•
ATTEST:
SIGNED IN COUNTERPART
Susan Maysels, City Clerk
City of La Quinta
APPROVED AS ,TO °SRM:
•
/PI
Ka heri.e Jenson, City rney
• City of La Quinta ,
CITY OF INDIAN WELLS
By 7)74f/ 2
Mayor Ma . Roche
ATTEST
VA#
of Deputy *eerVIIIIP"
CONTRACT NO. C32800
CITY OF PALM DESERT
By ;.../. //. /
;`or Jan C.Ilarnik
CITY OF RAN - : I: - E
By ■ - -
Mayor Richa d W. Kite
t�Pte. de..Iv
CITY OF THEDRAL CITY
Ma r Kathleen DeRosa
CITY OF PALM SPRINGS
By
DAVID H. READY
City Manager
APPROVED BY CITY COUNCIL
c
„ A3 TO FORM
ATTEST:
qty Clerk e7irfitrizo 13
IMPLEMENTATION AGREEMENT
AUTHORIZING THE COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS TO IMPLEMENT, MANAGE AND ADMINISTER THE
CLEAN ENERGY PROGRAM
23
CITY O. D ERT HOT SPRING,
By
41 vonne Parks
/or
C I T Y O B Y CITY
By _.. _ .�.►..
Mayor Oscar alvan