Bolinas Community Public Utility District

Resolution No. 564

Authorizing the Bolinas Community Public Utility District to Execute an Amended Agreement with SPG Solar, Inc., which Supercedes the Agreement for Water Treatment Plant and Wastewater Treatment Plant Facilities Photovoltaic Generation Systems between BCPUD and SPG Solar, Inc. dated December 28, 2007

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    WHEREAS, the Board of Directors of the Bolinas Community Public Utility District (“BCPUD”) previously found, after a competitive bid process, that SPG Solar, Inc. was the lowest responsible bidder for the design and installation of photovoltaic generation systems at the district’s water treatment and wastewater treatment facilities.

    WHEREAS, the BCPUD and SPG Solar, Inc. entered into an Agreement for Water Treatment Plant and Wastewater Treatment Plant Facilities Photovoltaic Generation Systems between BCPUD and SPG Solar, Inc. effective December 28, 2007 (the “Agreement”).

    WHEREAS, the BCPUD has not issued a Notice to Proceed to SPG Solar, Inc. under the Agreement because the BCPUD has been engaged in a protracted permitting process with the County of Marin to obtain the required coastal permits for the design and installation of both photovoltaic generation systems.

    WHEREAS, during the coastal permit process, the County of Marin placed numerous terms and conditions on the manner in which the BCPUD’s photovoltaic systems can be designed and constructed, including but not limited to setting specific dates during which the installations are allowed to occur.

    WHEREAS, as a result of the terms and conditions imposed by the County of Marin, the BCPUD and SPG Solar, Inc. have agreed to enter into an Amended Agreement (which supercedes the original Agreement in its entirety), a copy of which is attached hereto.

    NOW, THEREFORE, BE IT RESOLVED  by the Board of Directors of the Bolinas Community Public Utility District that it is in the best interests of the BCPUD to enter into the Amended Agreement  and the Board therefore authorizes the President of the Board and/or the General Manager to (a) execute the Amended Agreement; (b) pursuant to the satisfactory provision by SPG Solar, Inc. of all requisite bonds, certificates and agreements, to issue a Notice to Proceed to proceed with the design work described under the Amended Agreement; and (c) at such time as the coastal permits for both photovoltaic generation systems become final (and any and all appeals periods have expired) and the BCPUD has received the funds from the sale of its allocation of Clean Renewable Energy Bonds, to issue a further Notice to Proceed to SPG Solar, Inc. to proceed with all remaining work described in the Amended Agreement.
                 
     IT IS HEREBY CERTIFIED that this resolution was duly introduced and adopted by the Board
of Directors of the Bolinas Community Public Utility District this 18th day of  June, 2008, by the
following vote:

AYES:    Amoroso, Kimball, McClellan, Siedman, Smith

NOES:  None

ABSTAIN: None

ABSENT:   None                                           

      
  ___Jack Siedman________
                            President, Board of Directors
Attest:

_______Jennifer Blackman___
    Secretary