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Meeting Date:
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3/15/2017 - 3:30 PM
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Category:
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Consent Calendar
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Type:
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Action
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Subject:
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11.19 BUILDING AND GROUNDS: Resolution No. 12:16-17 Amendment No. 1 to the Power Purchase Agreement and Revisions to the Form Solar Site Easement Agreement Between the Perris Union High School District and Sol Systems, LLC for the Design, Installation, Operation and Maintenance of Solar Photovoltaic Systems on Selected School Sites (no fiscal impact)
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Strategic Plan:
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Enclosure
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File Attachment:
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Summary:
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At the August 17, 2016 Board meeting, after hearing staff findings and public comment, the Board approved the Power Purchase Agreement (PPA) and the form Solar Site Easement Agreement (Easement Agreement) between the Perris Union High School District (PUHSD) and Sol Systems, LLC., OpTerra's subsidiary. Pursuant to Paragraph 14.3.5 of the PPA, the District agreed to cooperate with Sol Systems in its attempts to acquire financing. Sol Systems requested a First Amendment to the PPA (First Amendment) and revisions to the form Easement Agreement in order to clarify language for Sol Systems' financing requirements. Most of the changes in both documents are non-substantive or relate to system interconnection to utilities, clarification on responsibility for routine parking lot paving maintenance, clarification on the term “substantial completion” and other associated language related to clarifications requested by Sol Systems financing division. Also clarified in the PPA is the date of substantial completion, August 1, 2017. The only substantive change for the PPA is changing the location of the Bus Barn/Maintenance Yard solar array, which will be moved to the adjacent CMI campus, a move that will still offset the electricity bill at the Bus Barn/Maintenance Yard.
Since these changes were requested by Sol Systems, the District required Sol Systems to pay its legal fees in connection with this First Amendment and Easement Agreement, up to a maximum of eight thousand dollars ($8,000).
Approval of the Resolution Resolution No. 12:16-17 will amend the PPA and revise the form Easement Agreement in order to change the location of one solar array and clarify language for Sol Systems' financing requirements.
Education Codes 17604 and 17605: The Governing Board delegates the power to contract and purchase supplies, equipment and services.
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Funding:
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There is no fiscal impact to this item.
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Recommendation:
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It is recommended that the Board of Trustees approve Resolution No. 12:16-17 Amendment No. 1 to the Power Purchase Agreement and Solar Site Easement Agreement Between Perris Union High School District and Sol Systems, LLC.
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Approvals:
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Recommended By:
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Signed By:
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Hector Gonzalez - Director of Facilities
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Signed By:
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Nick Newkirk - Director - Purchasing
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Signed By:
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Candace Reines - Deputy Superintendent
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Signed By:
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Grant Bennett - Superintendent
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Vote Results:
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| Original Motion | | Member Anthony T. Stafford, Sr. Moved, Member Edward Garcia, Jr. seconded to approve the Original motion 'It is recommended that the Board of Trustees approve Resolution No. 12:16-17 Amendment No. 1 to the Power Purchase Agreement and Solar Site Easement Agreement Between Perris Union High School District and Sol Systems, LLC.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 3 Nay: 0. | | The motion Carried 3 - 0 | | | | | Anthony T. Stafford, Sr. | Yes | | David Nelissen | Yes | | Edward Garcia, Jr. | Yes | |
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