HomeMy WebLinkAboutReso 12-09 Solar Cities ProgramRESOLUTION NO. 12-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING SIGNING A MEMORANDUM OF UNDERSTANDING FOR
IMPLEMENTATION OF A SOLAR CITIES PROGRAM
WHEREAS; the City of Dublin is desirous of joining the cities of Livermore and Pleasanton in
promoting community awareness on the benefits of using solar energy through the Solar Cities Program;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin authorizes
the City Manager to sign, on behalf of the City of Dublin, a Memorandum of i Tnderstanding, attached
hereto as Exhibit A, between the City of Livermore, a Municipal Corporation, and the City of Pleasanton,
a Municipal Corporation, for the implementation of a Solar Cities Prograni.
PASSED, APPROVED AND ADOPTED this 20th day of January, 2009, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
J,,,~
Mayor
ATTEST:
City Clerk
Reso 12-09, Adopted 1-20-09, Item 7.2 Page 1 of 1
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MEMORANDUM OF UNDERSTANDING
FOR IMPLEMENTATION OF A SOLAR CITIES PROGRAM
This Memorandum of Understanding ("MOU" of "Agreement") is made and
entered into on this day of 2009, ("Effective Date") by and
between the CITY OF LIVERMORE, a municipal corporation, THE CITY OF
PLEASANTON, a municipal corporation, and THE CITY OF DUBLIN, a municipal
corporation. The cities of Livermore, Pleasanton and Dublin may be referred to herein
individually as a "Party") or collectively as the "Parties" or the "Parties to this
Agreement."
RECITALS
A. At the September 26, 2005 City of Livermore City Council meeting, the
Council directed staff to negotiate an agreement with a consultant to design a program
based upon the Solar Sebastopol Program.
B. At the March 21, 2006 City of Pleasanton City Council meeting, the
Council directed staff to: develop and implement a comprehensive assistance program
targeting increased use of solar energy similar in breadth to the Solar Sebastopol
Program and to crease a community awareness effort and marketing campaign focused
on getting information out to the Pleasanton community.
C. On November 27, 2006, the cities of Pleasanton and Livermore entered
into a MOU to share the costs of the design of a solar cities program for the two
jurisdictions, which such program has been implemented over the course of the last two
years.
D. The City of Dublin now wishes to participate in the program and the
Parties anticipate that there may be additional cities in the Tri-Valley area that are
interested in participating in this comprehensive program. In the event additional cities
wish to participate, this Agreement will be amended to reflect a revised cost sharing
arrangement.
AGREEMENT
1. The Parties agree to cooperate in the continued implementation of a
customer-friendly, community-wide solar development assistance program ("Program")
based upon a program that was developed previously on behalf of the cities of
Livermore and Pleasanton.
2. The Parties agree to cooperate to jointly sponsor up to four public
workshops per year.
MOU For Implementation of a Solar Cities Program
3. The expenses of the program's implementation shall be divided so that
each Party pays an equal portion of the costs and expenses incurred in implementation
of the program. The costs anticipated to be shared include, but are not limited to the
following: postage, advertising, office supplies, room rental and set-up and
refreshments. Each Party agrees to provide a total of no more than $3,500 per year
toward the implementation of the Program.
4. Pleasanton has previously maintained, and will continue to maintain at its
own cost and expense, the website and domain name used to provide information to the
public about the solar cities' program.
5. Each of the Parties agree to designate one staff member and one
alternate to participate in planning meetings, to be held on an as-needed basis per year
(but not less than quarterly) to accomplish the following:
• coordinate efforts to plan for the community workshops-
• inform the Parties of new development activities on the part of any Party
• share information regarding developments in the solar industry
• set priorities for the design and development of future community involvement
and participation in solar cities' activities
6. Any Party may withdraw from participation in this MOU by providing 30
days' notice to the other Parties in writing of its intent to withdraw.
7. In light of their common interests in continuing to implement a
comprehensive solar cities' program for the Tri-Valley area, the Parties desire for other
public entities to also become Parties to this Agreement. Another entity may become a
Party to this Agreement by (i) passing a resolution of its governing body by which it
agrees to all the terms of this Agreement; (ii) executing the Signature Page for
Additional Parties, attached hereto, and (iii) providing notice of these actions pursuant to
subsection C below. Upon satisfaction of these respective three conditions, such other
entity shall become a Party effective thirty (30) days after giving notice, unless the then-
current Parties and the new Party agree in writing to a shorter waiting period.
8. Any notice required or provided for under this Agreement shall be given in
writing and sent by ordinary mail to the following addresses and the addresses included
in the signature page for any additional parties:
CITY OF LIVERMORE
CITY OF PLEASANTON
City of Livermore
City Clerk
Chief Building Official
1052 S. Livermore Avenue
Livermore, CA 94550
City of Pleasanton
City Clerk
123 Main Street
MOU For Implementation of a Solar Cities Program Page 2
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Pleasanton, CA 94566
CITY OF DUBLIN City of Dublin
City Clerk
100 Civic Plaza
Dublin, CA 94568
9. This Agreement may be amended by written consent of the Parties.
10. In the event that any one or more of the provisions of this MOU shall, for
any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the
validity of the other provisions, which shall remain in full force and effect.
11. This MOU shall be governed and interpreted using the laws of the State of
California. The venue of any suit filed by any Party to this Agreement shall be vested in
the state courts of the County of Alameda. The pursuit by any Party of any specific
remedy shall not exclude any other remedy available to the Party.
The Parties acknowledge and accept the terms and conditions of this Agreement
as evidence by the following signatures of their duly authorized representatives. It is the
intent of the Parties that this MOU shall become operative on the Effective Date.
Dated: CITY OF LIVERMORE
By:
Linda Barton, City Manager
Attest: Approved as to Form:
Interim City Clerk Special Counsel
S:\AMARA\Public Services\Solar Cities MOU 2009 Rev..doc
Dated:
CITY OF PLEASANTON
MOU For Implementation of a Solar Cities Program Page 3
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Attest:
City Clerk
By:
Approved as to Form:
City Attorney
Dated: ~ ~ ~ CITY OF DUBLIN
By:
Attest:
City Clerk
Approved as to Form:
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City orney
MOU For Implementation of a Solar Cities Program Page 4
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Memorandum of Understanding
for Implementation of a Solar Cities Program
Signature Page for Additional Parties
NAME OF ENTITY:
By:
Its:
APPROVED AS TO FORM:
By:
Its:
MAILING ADDRESS
Street/P.O. Box:
City, State, Zip Code:
TELEPHONE:
MOU For Implementation of a Solar Cities Program Page 5