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CC Resolution No. 14-194 Authorizing an energy service contract for a solar power systen at the Service Center RESOLUTION NO. 14-194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING FINDINGS NECESSARY TO AUTHORIZE THE SERVICE CENTER SOLAR PROJECT, AN ENERGY SERVICE CONTRACT FOR A SOLAR POWER SYSTEM AT THE CITY OF CUPERTINO'S SERVICE CENTER WHEREAS, on January 14, 2014 Cupertino Electric Inc. submitted a proposal in response to the Regional Renewable Energy Procurement (R-RFP), which included the Service Center Solar Project (the Project), a Solar Power System installation at the City of Cupertino's Service Center; and WHEREAS, the submitted proposal for the cost of design and installation of the Project has been negotiated to not to exceed $490,207.00 (construction cost plus 15% contingency); and WHEREAS, the City has received. a $64,039.00 incentive reservation from PG&E California Solar Initiative (CSI) to be applied to the Project; and WHEREAS, California Government Code Section 4217.12, authorizes public agencies, including the City of Cupertino, to enter into an energy service contract when anticipated cost of the conservation services provided by an energy conservation facility will be less than they anticipated marginal cost of energy that would have been consumed in the absence of the project; NOW, THEREFORE, BE IT RESOL�IED that: The City Council makes the following findings: 1. The new photovoltaic system at the City of Cupertino Service Center is an "Energy conservation facility" as that term is defined in Government Code section 4217.11(e). 2. The Solar Power System Project includes the acquisition, design, construction and installation of equipment that reduces energy use or makes for a more efficient: use of energy and thereby qualifies as "conservation measures" as that term is defined in Government Code section 4217.11(c). 3. The construction and installation of the Solar Power System Project, which will generate energy savings, are "conservation services" as that term is defined in Government Code section 4217.11(d). t 4. The proposed contract between the City and Cupertino Electric Inc., for the design; construction and installation of the Solar Power System Project conservation measures, qualifies as an "energy service contract" as that term is defined in Government Code section 4217.11(f). 5. Over its 25 year expected life span, the total cost of the Solar Power System at the City's Service Center will be less than the anticipated $1,688,869 cost of electricity that would have been consumed by the Service Center in the absence of this system. 6. The terms of the award of the contact to Cupertino Electric Inc. for the design, construction, and installation of the Service Center Solar Project is in the best interest of the City of Cupertino. 7. The City Manager is authorized to negotiate and execute the Energy Services Contract, which includes a performance guaranty, and ' the Operations and Maintenance Agreement with Cupertino Electric Inc. The City Manager is further authorized to finalize all required documents within the financial terms described, including the bond for completion by the Contractor, after having said documents reviewed and approved by City Attorney. PASSED AND ADOPTED by the City Council of the City of Cupertino, this 2nd day of September, 2014, by the following vote: Vote: Members of the Citv Council 0 AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor, Ci Cupertino 2