HomeMy Public PortalAboutAgreement_2013-04-16_Western Riverside Council of Government_Adding Temple City to the Joint Powers Agreement_PACE ProgramAMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF TEMPLE CITY AS
AS AN. ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OT PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM
SERVICES WITH SUCH CITY
This Amendment to the Joint Powers. Agreement ("JPA Amendment"'} Is made and entered into on. the 16'°
day of April, 2013,.by City of Temple City ("City") and the Western Riverside Council of Governments
("Authority") (collectively the "Parties").
RECITALS
WHEItEAS, Authority is a joint eserroise of pow�-s aut}iority established pursuant to Chaptei-5 ofDivision
?, Title l of the Government Code of the State of California. (Section 6500 and following) (the "Joint Exercise of
Powers Act') and the Joust Power Agreement entered into on April 1, 1991, as amended from time to time (the
`Authority JPA"); and
WHEREAS, as of October '1, 2012, Authority had 18 member entities (the `'Regular MemUers"},
WHEREAS, Chaptar 29 of the Improvement Bund Act of 1411, being Division 7 of the California Streets
and Highways Code ("Chapter 29") to authorize cities, counties, and cities and counties to establish voluntary
contractual assessment programs, commonly referred tons a Property Assessed Clean Energy ("PACE") program, to
fiord various renewable energy sources, energy and water efficiency improvements, and electric vehicle charging
infrastructure (the "Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and.
WHEREAS, Authority intends to establish a PACE program to be known as the "California HERO
Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter; which Will
authorize the implementation of a PACE Fuancing program for cities and county throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to participate in the California -
HERO Program and to allow. Authority to conduct proceedings under Chapter 29 to finance Improvements to be
installed on such properties and
WHEREAS, this JPA Amendment will permit City to become an associate member of Authority and to
participate in California HERO Program for the purpose of facilitating the implementation of such program within
the jurisdiction of City; and
WHEREAS, pursuant to Government Code sections 6500 et seq., the Parties are approving this JPA
Agreement to allow for the provision of PACE services, including the operation of a PACE :financing program,
within theincorporated territory of City; and
WHEREAS, the JPA Amendment sets forth tire rights, obligations and duties of City and Authority with
respect to the implementation of the California HERO Program within the incorporated territory of City.
MUTUAL UNDERSTANDINGS
consideration
NOW, THEREFORE, for and ht
of the mutual covenants and conditions hereinafter stated,
the Parties hereto agree as follows:
A. JPA Amendment.
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The Authority JPA. City agrees to the terms and conditions of the Authority ,IPA, attached_
2 Associate M inbershin. By adoption of this JPA Amendment, City shall become Associate
Member of Authority on the terms and conditions set forth herein and the Authority JPA and consistent with the
requirementsof the Joint Exercise of Powers Act. The rights and obligations of City as an Associate Member are
limited. solely to those terms and conditions expressly set forth in this JPA Amendment for the purposes of
implementing the California HERO Program within the incorporated territory of City. Exceptasexpressly provided
for by the this IPA Amendment, City shall not have any rights otherwise granted to Authority's Regular Members
by the Authority JPA, including but not limited to the right to vote on matters before the Executive Committee or the
General Assembly,. right to amend or vote on amendments to the Authority JPA, and right to sit on committees or
boards established under the Authority .TPA or by action of. the Executive Committee or the General Assembly,
including, without limitation, the General Assembly and the Executive Committee. City shall not be considered a
member for purposes of Section 9.1 of the Authority JPA.
3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or restricting the
rights of Authority under the Authority JPA. Nothing in this JPA Amendment is intended to atter or modify
Authority Transportation. Uniform Mitigation Fee (TUMP) Program, the PACE Program administered. by Authority
within the jurisdictions of its Regular Members, or any other programs administered now or in the future by
Authority, all as currently structured or subsequently amended.
B. Implementation of California HERO Program within City Jurisdiction,
1. Boundaries of the California HERO Prooanwithin City Jurisdiction. City shalt determine and
notify Authority of the boundaries of the incorporated territory within City's jurisdiction within which contactual
assessments may be catered into under the California HERO Program (tire "Program Boundaries"), which
boundaries may include the entire incorporated territory of City or a lesser portion. thereof.
2. Determination of Eligible Improvements, Authority shall determine the types of distributed
generation renewable energy sources; energy efficiency or water conservation improvements, electric vehicle
charging infrastructure or such other improvements as may be authorized pursuant to Chapter 29 (the "Eligible
Improvements") that will be eligible to be financed under The California HERO Progwam.
3_ Establishment of California HERO Prom Authority will undertake such proceedings pursuant
to Chapter 29 as shall be legally necessary to enable .Authority to make contractual financing of Eligible
Improvements available to eligible property owners with the California HERO Program Boundaries.
4. Financing the Installation of Eligible Inrprovernents. Authority shall develop and implement a,
plan for the financing of the purchase and installation of the Eligible hmprovements under the California HERO
Program,
5, Ongoing Administration. Authority shall be responsible for the ongoing administration of the
California HERO Program, including but not I tinted to producing education plans to raise public awareness of the
California HERO Program, soliciting, reviewing and approving applications front residential and commercial
property owners participating in the California HERO Program, establishing contracts for residential, commercial
and other property owners. participating, in such program, establishing and collecting assessments due under the
California HERO Program, adopting and implementing any rules or regulations for the PACE program, and
providing reports as required by Chapter 29,
City will not be responsible for the conduct of any proceedings required to be taken under Chapter 29; the
levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment
payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the
California HERO Program.
6. Phased implementation. The Parties recognize and agree that implementation of the. California
HERO Program as a whole can and may be phased as additional other cities and counties execute similar
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agreements. City entering into this .IPA Amendment will obtain the benefits of and incur the obligations imposed by
this JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter into similar
agreements.
C. Miscellaneous Provisions.
I. Withdrawal. City or ,Authority may withdraw ham this JPA Amendment upon six (6) months
written notice to the other party; provided, however, there is no outstanding indebtedness of Authority within City.
'fhe provisions of Section 6.2 oi'the Authority JPA shall not apply to City trader this TPA Amendment.
2. Mutual Indemnification and Liability. Authority and City shall mutually defend, indemnify and
hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liabilities, tosses, damages or injuries of any kind, in law or
equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or
negligent acts, errors or omissions of the indemnifying. party or its directors, officials, officers, employees and
agents in connection with the California HERO Program administered ander this JPA Amendment, including
without limitation the payment of expert witness fees and attorneys fees and other related costs and expenses, but
excluding payment of consequential damages. Without limiting the foregoing, Section 5.2 of the Authority TPA
shall not apply to this TPA Amendment. In no event shall any of Authority's Regular Members or their officials,
officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment.
3. Environmental Reviem. Authority shall be the lead agency wider the California Environmental
Quality Act for any environmental review that may required in implementing or administering the California HERO
Program under this JPA Amendment.
4. Coepararive Sffiott: City shall cooperate with Authority by providing information an
d other
assistance in order for Authority to meet its obligations hereunder. City recognizes that one of its responsibilities
related to the California HERO Program will include any permitting or inspection requirements as established by
City.
5.
Authority
Notice.
Any and
ail communications andlor entices in
cotmeoti'on with this JPA
fvvendmeut shall
be either hand•delivered
or sent by
United States first class mail; postage
prepaid, and addressed as
follows:
:
GVestenx Riverside Council of Governments
4030 Lemon Street, 3rd Ploor. A'LS 1032
Riverside, CA 92501-3609
Flit: Executive Director
City:
City of Temple City
9701 Lae limas Drive
Temple City, CA 91730
Attu: City Clerk
6. Entire Ai;naement. 'Ibis TPA Amendment, together with the Authority .1PA, constittnes the entire
agreement among the Parties pertaining to Che snbjeot matter hereof This JPA Amendment 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-
act:ing on behalf of the other Party that is not embodied herein.
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7. Successors and Assigns. This JPA Amendment 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 JPA Amendment with prior written approval of the other
Party, which approval shall not be unreasonably withheld.
& Attorney's Fees. If any action at law or equity, including any action for declaratory relief is
.brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own
attorney's fees and costs.
9. Governing Law. This JPA Amendment shall be governed by and construed in accordance with
the laws of the State of California, as applicable.
to. No Third Party Beneficiaries. This JPA Amendment shall not create any right 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
JPA Amendment to maintain a suit for personal injuries or property damages under the provisions of this JPA
Amendment. The duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect to third
party beneficiaries shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained in. this JPA -Amendment is held
invalid, illegal or unenforceableby any court of competent jurisdiction, such potion shall be deemed severed 8'om.
this .JPA Amendment and the remaining parts of this JPA Amendment shall remain in full force and eftect as though
such invalid, illegal, or unenforceable portion had never been a part of this J PA Amendment,
12. Headings The paragraph headings used in this JPA Amendment are for the convenience of the.
Parties and we not intended to be used as an aid to interpretation.
13. Amendment. This JPA Amendment may be modified or amended by the Parties at any time.
Such modifications or amendments must be mutually agreed uponand executed in writing by both Parties. Verbal
modifications or amendments to this JPA Amendment shall be of no effect.
14. Effective Date, This JPA Amendment shall become effective upon the execution thereof by the
Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed and attested
by their officers thereunto duly authorized as of the date first above written.
CITY Of TEMPLE ra
By. I i S 1 � — t 3
Jose P lido Date
City MbKger
ATTEST:
By:/ S 8• l3
Peggy 40 U Vmate
City Clerk
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APPROVED AS TO FORM;
a'Da{e
City Attomey
WESTERN RIVERSIDE COUNCII.OF GOVF.RNMIiNT�S7 ��_� �
By. "
Date
ATTEST':
By:
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