HomeMy WebLinkAboutCC Resolution No. 26-065 authorizing the City Manager to sign the Resilient Facilities Coalition Memorandum of Agreement and any amendments on behalf of the City of CupertinoRESOLUTION NO. 26-065
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO: EXECUTE
MEMORANDUM OF AGREEMENT TO JOIN THE RESILIENT FACILITIES
COALITION (RFC), A MULTI-AGENCY COALITION FOR CLIMATE AND
COMMUNITY RESILIENCE PROJECTS ON BEHALF OF THE CITY OF
CUPERTINO
WHEREAS, the State of California has established and will administer
multiple competitive grant programs pursuant to Proposition 4, the Safe Drinking
Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of
2024, approved by California voters on November 5, 2024, to support climate
resilience, environmental protection, water, wildfire prevention, nature-based
solutions, and related community benefits; and
WHEREAS, Proposition 4 funding programs are anticipated to be
implemented through state agencies and may include planning, implementation,
and capital grant opportunities awarded on a competitive basis to local agencies
individually or in collaboration with partner agencies and organizations; and
WHEREAS, collaborative, multi-jurisdictional coalitions improve
competitiveness for state grant funding and support coordinated regional
strategies that advance greenhouse gas reduction, climate adaptation, and
equitable community outcomes; and
WHEREAS, the Resilient Facilities Coalition (RFC) is a multi-agency
coalition formed to advance climate resilience, environmental protection, and
community-focused infrastructure projects through coordinated planning and
implementation efforts; and
WHEREAS, the City of Cupertino has facilities that are used to provide
heating, cooling, shelter, clean air, or other services to residents during extreme
weather, power outages, or other events and those facilities need improvements
to better serve their daily use and emergency response functions; and
WHEREAS, in 2024, the City of Cupertino previously authorized
participation in a coalition for climate-related grant opportunities pursuant to a
Memorandum of Agreement, called the Public Facility Resiliency Implementation
Project (PFRIP), which has since expired; and
Resolution No. 26-065
Page 2
WHEREAS, the City now desires to continue participating in a coalition to
pursue new and upcoming funding opportunities, including grants made
available under Proposition 4 or other funding sources; and
WHEREAS, grant opportunities shall be pursued in alignment with the
City’s Grant Policy;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
authorize the City Manager or designee to:
1. Execute the Memorandum of Agreement attached hereto as Exhibit A, and any
non-substantive amendments thereto, to join the Resilient Facilities Coalition
(RFC), a multi-agency coalition advancing climate resilience, environmental
protection, and community-focused infrastructure projects consistent with City
policies and adopted plans.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility that the action approved may have a significant
effect on the environment. CEQA applies only to actions which have the potential
for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. In this
circumstance, the proposed action of participating in the Resilient Facilities
Coalition would have no or only a de minimis effect on the environment because
the coalition itself is not an action resulting in physical change to the environment.
The foregoing determination is made by the City Council in its independent
judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of June, 2026, by the following vote:
Resolution No. 26-065
Page 3
Members of the City Council
AYES: Moore, Chao, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
_____________________________________
Kitty Moore, Mayor
City of Cupertino
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Date
______________________________________
Lauren Sapudar, City Clerk
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Date
6/11/2026
6/11/2026
1 of 15
MEMORANDUM OF AGREEMENT
AMONG COALITION PARTNERS FOR THE
RESILIENT FACILITIES COALITION
This Memorandum of Agreement (“MOA”) is between the undersigned public agencies,
nonprofit organizations, and non-governmental organizations (collectively, the “Parties”)
to form the Resilient Facilities Coalition (“RFC” or the “Coalition”), and is entered into
on the date it is fully executed by the Parties (“Effective Date”).
RECITALS
A. The impacts of climate change have contributed to a warming climate and power
outages, which call for improvements at public facilities to make them more resilient and
energy independent to best serve our communities during power outages, severe weather
events, and states of emergency;
B.The Parties have adopted Climate Action Plans or applicable stated climate change
mitigation goals – such as the Cities of Cupertino, Morgan Hill, and Mountain View’s
Climate Action Plans, San José’s Climate Smart San José, Pathway to Carbon Neutrality,
and Climate Adaptation and Resiliency Plan, and Sunnyvale’s Climate Action Playbook –
and/or have interest in conducting activities consistent with such goals;
C. The Parties have worked collaboratively to identify and plan for the installation of
various improvements in public buildings within their jurisdictions to enhance resiliency
and reduce greenhouse gas (“GHG”) emissions;
D.The Parties previously formed a collaborative coalition known as the Public Facility
Resiliency Implementation Project (“PFRIP”) to pursue federal funding and approved
participation through resolutions adopted by participating agencies, which have since
expired;
E. All Parties have continued to interact as a Coalition and collaborate at a regional scale;
F.All Parties believe this Coalition provides strength and unity of purpose;
G. The Parties desire to execute this MOA to establish a formal framework for
collaboration among the Parties, to govern the use of grant funds, incentives, rebates, and
other external funding sources, to implement the RFC and to set out the obligations of the
Parties for the life of the RFC; and
H. This MOA establishes goals, responsibilities, and obligations of the Parties.
2 of 15
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. PURPOSE OF THE MOA
The purpose of this MOA is to establish a formal framework for collaboration among the
Parties in connection with the Resilient Facilities Coalition. The RFC supports
sustainability and resiliency infrastructure in publicly owned and operated facilities
throughout California.
SECTION 2. RFC FOCUS
RFC’s activities may include, but are not limited to, the planning, development, and
implementation of:
•Decarbonization Retrofits, including electrified building systems such as heat pump
heating, ventilation, and air conditioning (“HVAC”), heat pump water heaters, and
electric commercial kitchen equipment.
•Resiliency Upgrades, including on-site renewable energy generation, solar
photovoltaic systems, battery energy storage systems, and backup power infrastructure.
•Electric Vehicle Charging Infrastructure for Public Fleets intended to facilitate fleet
electrification, operational readiness, and regulatory compliance, including alignment
with the California Advanced Clean Fleets regulations and other applicable local, state or
regional requirements.
•Best-Practices and Design Guides to encourage consistency in RFC-sponsored work
products and unify user experiences at public facilities on a regional scale.
•Workforce Development and Capacity-Building activities related to public facilities,
including training, education, and skill development for staff, contractors, and partners
engaged in the planning, installation, replacement, operation, and maintenance of RFC-
related infrastructure, such as electrified building systems, energy efficiency measures,
resiliency systems, and associated equipment, consistent with applicable labor,
procurement, and workforce requirements.
•Shared Policy Adoption Strategies that provide a forum and/or templates for
addressing administrative needs, regulations, or planning documents that may be
triggered as a result of RFC activities or new challenges that may arise for mitigating
climate change.
3 of 15
•Projects that Contribute to the Public Body of Knowledge by documenting and
sharing lessons learned, best practices, and case studies related to the planning,
deployment, operation, and performance of greenhouse gas reduction and resilience
technologies in public facilities, with the intent to support equitable benefits, inform
future projects, and enable replication and scaling across jurisdictions and communities.
• Such activities shall initially prioritize disadvantaged, vulnerable, or equity priority
communities and emergency response facilities, including facilities critical to disaster
preparedness, response, and recovery.
SECTION 3. PROJECT INITIATION AND COLLECTIVE FUNDING EFFORTS
A.The Parties acknowledge and agree that a core purpose of the RFC is to identify,
initiate, and advance projects as described in Section 2 and to collectively pursue
external funding opportunities, including but not limited to grants, incentives,
rebates, and other public or private funding sources, in support of RFC’s
objectives.
i.Upon an affirmative agreement of the RFC to pursue a specific funding
opportunity or project, to be affirmed by majority vote as specified in Section
6, participating Parties agree to cooperate in good faith and to undertake those
actions reasonably necessary to support the preparation, submission,
acceptance, and administration of such funding, consistent with their
respective legal authorities and internal approval requirements. Such
cooperation may include, as applicable, providing required documentation,
certifications, data, reporting, and programmatic participation.
B.The Parties further acknowledge that certain funding opportunities may require
participating Parties to provide matching funds, in-kind contributions, or other
forms of cost share, and that many grants and funding programs are structured as
reimbursement-based funding, under which eligible costs are incurred in advance
and reimbursed upon submission and approval of required documentation.
i.Any Party that agrees to participate in a funding application or awarded grant
through the RFC shall be responsible for meeting any match, cost-share, or
reimbursement requirements applicable to that Party, subject to the terms of
the funding source and the Party’s internal approvals.
4 of 15
C.Nothing in this MOA obligates any Party to participate in a particular funding
opportunity unless and until the RFC has agreed to pursue such opportunity and
the Party has affirmatively agreed to participate.
i.Nothing in this MOA obligates any Party to advance funds on behalf of
another Party unless expressly agreed in writing.
ii.Any Party serving as a fiscal agent, lead applicant, subrecipient, or project
sponsor shall be identified in a separate written agreement or funding
instrument, as required.
SECTION 4. NATURE OF AGREEMENT; NON-BINDING EFFECT
This MOA reflects the Parties’ good-faith intentions to collaborate and does not create a
legally binding contract, partnership, joint venture, or agency relationship. Except as
expressly set forth in Section 3 Ai, B, and C with respect to agreed-upon funding efforts,
no Party is obligated to expend funds, provide services, or commit resources under this
MOA unless expressly agreed to in a separate, written agreement approved in accordance
with that Party’s internal governance and legal requirements.
SECTION 5. ROLES AND RESPONSIBILITIES
The Parties recognize that participation in the RFC may include public agencies and
nonprofit or nongovernmental organizations, each of which contributes distinct but
complementary capabilities to advance its purposes. The RFC is intended to operate as a
highly collaborative forum that relies on the good faith participation, cooperation, and
mutual respect of its members to achieve shared objectives. The Parties acknowledge that
the effectiveness of the RFC depends on voluntary engagement and commitment to
transparent communication, coordination, and support among participating organizations.
A.Collaborative Nature of the RFC
Each Party agrees to:
• Designate a representative to participate in RFC-related coordination;
• Participate in meetings, information sharing, and collaborative activities as reasonably
feasible;
• Retain full responsibility for its own operations, personnel, and compliance with
applicable laws.
The Parties acknowledge that:
1. RFC activities are collaborative and voluntary.
2. Roles may vary by project, funding opportunity, or initiative.
3. Specific responsibilities, financial obligations, and deliverables shall be defined in
separate agreements, grant documents, or project-specific contracts as
appropriate.
4. This MOA does not constitute a formal legal relationship, and therefore no Party
shall be deemed or authorized to act as the agent or legal representative of another
Party solely by virtue of participation in the RFC.
5.Participation in the RFC does not create exclusivity, and Parties may engage in
similar or related activities outside of this MOA.
B.Public Agency Participants
Public agency participants may include cities, counties, special districts, joint powers
authorities, public utilities, and other governmental entities. Public agency participants
may, but are not limited to:
1.Serve as lead applicants, co-applicants, or fiscal agents for funding opportunities,
subject to applicable laws and internal approvals.
2. Provide access to publicly owned facilities, sites, or infrastructure for RFC-related
activities and projects.
3. Participate in planning, policy development, technical coordination, and project
implementation.
4. Contribute staff time, technical expertise, funding, or in-kind resources, as
authorized by each agency.
5. Adopt policies, resolutions, or standards that support RFC objectives within their
respective jurisdictions.
6.Enter into separate agreements as necessary to implement projects or receive
grant funds.
Participation in the RFC does not obligate any public agency to commit funding,
property, or other resources, except as described in Section 5.A, unless expressly
authorized through separate action by that agency.
C. Nonprofit and Nongovernmental Organization Participants
Nonprofit and nongovernmental organization participants may include, but are not
limited to, community-based organizations, educational institutions, technical assistance
5 of 15
providers, workforce organizations, philanthropic entities, and other mission-driven
partners. These participants may, but are not limited to:
1. Provide technical assistance, community engagement, program delivery,
workforce development, or subject-matter expertise.
2.Serve as co-applicants, subrecipients, contractors, or implementing partners for
projects and funding opportunities.
3. Support outreach, education, and community partnership development.
4.Lead or assist with research, evaluation, documentation, and dissemination of best
practices.
5. Contribute funding, in-kind resources, or programmatic services consistent with
their organizational missions.
Participation does not obligate any nonprofit or nongovernmental organization to commit
funding or resources, except as described in Section 5.A, unless agreed through separate
written agreements.
SECTION 6. GOVERNANCE AND DECISION-MAKING
A. Governance Procedures
The RFC will operate through majority vote of the Parties present at a duly convened
meeting. Meetings shall be convened with reasonable notice to the Parties. Each Party
shall have one (1) vote exercised by its designated representative. The voting member
shall be the listed designee for this agreement as specified in Section 16, and that
designee may designate an alternate with at least 30 days prior notice to the RFC.
Except as provided below, decisions and recommendations of the RFC may be made by a
majority of the Parties present at such meeting and are advisory only and shall not bind
any Party without separate written approval, except as provided in Section 3 for agreed-
upon funding efforts.
Notwithstanding the foregoing, any decision to dissolve the RFC or terminate this MOA
shall require the presence and affirmative agreement of all Parties. No vote to dissolve
the RFC shall be valid unless all voting members are present and have been afforded the
opportunity to participate in such decision.
The Parties may establish working groups, steering committees, or other coordination
structures as appropriate.
B. Conflict Resolution
6 of 15
The Parties agree to make good faith efforts to resolve any disagreements, concerns, or
disputes arising from activities conducted under this MOA through informal discussion
and collaboration.
If a disagreement arises, the Parties involved shall first attempt to resolve the matter
through direct communication between designated representatives. If the matter cannot
be resolved at the staff level, the issue may be elevated to senior leadership of the
affected Parties for further discussion.
The Parties acknowledge that the RFC is intended to operate as a voluntary and
collaborative forum, and nothing in this MOA creates any legally binding obligation to
participate in dispute resolution processes or limits any Party’s rights or remedies under
applicable law. The Parties agree to continue working cooperatively on other RFC
activities during the resolution of any disagreement, to the extent reasonably practicable.
SECTION 7. FINANCIAL CONSIDERATIONS
Except as expressly provided in Section 3, this MOA does not obligate any Party to
provide funding or financial support. Each Party is responsible for its own costs unless
otherwise agreed in writing. Any joint funding applications or financial commitments
must be documented in separate agreements or funding instruments, as required.
SECTION 8. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be
imposed between the Parties pursuant to Government Code Section 895.6, the Parties
agree that all losses or liabilities incurred by a Party shall not be shared pro rata but,
instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the
Parties hereto shall fully indemnify and hold each of the other Parties, their officers,
board members, employees, and agents, harmless from any claim, expense or cost,
damage, penalty, or liability imposed for injury (as defined in Government Code Section
810.8) occurring by reason of breach of this MOA or the negligent acts or omissions or
willful misconduct of the indemnifying Party, its officers, employees, or agents, under or
in connection with or arising out of any work, authority, or jurisdiction delegated to such
Party under this MOA.
No Party, nor any officer, board member, or agent thereof shall be responsible for any
damage or liability occurring by reason of the breach of this MOA, negligent acts or
omissions or willful misconduct or intentional acts of any other Party hereto, its officers,
board members, employees, or agents, under or in connection with or arising out of any
7 of 15
work authority or jurisdiction delegated to such other Party under this MOA. The
obligations set forth in this paragraph will survive the termination and expiration of this
MOA.
SECTION 9. CONFIDENTIALITY AND PUBLIC RECORDS
The Parties acknowledge that certain Parties may be subject to the California Public
Records Act or other open government laws. Confidential information shall be identified
as such and handled in accordance with applicable law.
SECTION 10. ADDITION OF NEW PARTIES
Additional public agencies, nonprofit organizations, or non-governmental organizations
may join the RFC after the Effective Date upon execution of a written joinder (see
Exhibit A) to this MOA, in a form approved by the RFC. Upon execution of such joinder,
each additional Party shall have the same rights, responsibilities, and voting authority
under this MOA as the initial signing Parties.
The admission of additional Parties shall not alter, amend, or affect the rights,
responsibilities, or relationships of the initial signing Parties, nor shall it require re-
execution of this MOA by the initial signing Parties.
SECTION 11. TERM AND TERMINATION
This MOA shall become effective on the Effective Date and shall remain in effect unless
terminated by an affirmative vote of a majority of the Parties as determined in accordance
with the RFC’s governance procedures and specified in Section 6.
Notwithstanding the foregoing, any member of the RFC may withdraw from this MOA at
any time by providing 30 days’ written notice to the RFC, and such withdrawal shall not
affect the continued effectiveness of this MOA as to the remaining Parties; provided,
however, that withdrawal shall not relieve a withdrawing Party of obligations it has
expressly agreed to undertake in connection with an awarded grant or funding instrument.
8 of 15
SECTION 12. GOVERNING LAW
This MOA shall be governed by and construed in accordance with the laws of the State of
California. Any litigation resulting from this Agreement will be filed and resolved by the
Superior Court of California for the County of Santa Clara, or a court that would
regionally represent the affected Parties.
SECTION 13. ENTIRE AGREEMENT
This MOA constitutes the entire understanding of the Parties regarding the subject matter
and may be amended only by written agreement of all Parties.
SECTION 14. EXECUTION IN COUNTERPARTS
This MOA may be executed in any number of counterparts and by each party in separate
counterparts, each of which when so executed and delivered shall be deemed to be an
original and all of which taken together shall constitute one and the same instrument.
SECTION 15. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, the Parties agree that an electronic copy of a signed
contract, or an electronically signed contract, has the same force and legal effect as a
contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a writing as set forth in Evidence Code Section 1550. The term
“electronically signed contract” means a contract that is executed by applying an
electronic signature using technology approved by the Parties.
SECTION 16. NOTICES
Individuals named here shall be the listed designees. Any notices provided under this
MOA must be in writing and may be given either by mail or e-mail to the following
addresses:
City of Cupertino
Name: Ursula Syrova
Email: UrsulaS@cupertino.gov
9 of 15
10 of 15
Address: 10300 Torre Ave. Cupertino, CA 95014
City of Mountain View
Denise Lin
Email: denise.lin@mountainview.gov
Address: 500 Castro Street. Mountain View, CA 94041
City of Morgan Hill
Name: Mario Pichardo
Email: mario.pichardo@morganhill.ca.gov
Address: 17575 Peak Avenue, Morgan Hill, California, USA 95037
City of San José
Name: Carol Boland Whattam
Email: carol.whattam@sanjoseca.gov
Address: 200 E. Santa Clara St. 6th Floor, San Jose, CA 95113
City of Sunnyvale
Name: Christina Raby
Email: CRaby@sunnyvale.ca.gov
Address: 456 W. Olive Ave. Sunnyvale, CA 94086
Prospect Silicon Valley
Name: Doug Davenport
Email: doug.davenport@prospectsv.org
Address: 3031 Tisch Way, 110 Plaza West, San Jose, CA 95128
11 of 15
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Agreement as of the Effective Date by their respective duly authorized
representations as follows.
SIGNATURES
City of Cupertino
By: ______________________________
Name: Tina Kapoor
Title: City Manager
Email: TinaK@cupertino.gov
Date: ____________________________
City of Cupertino, Approval as To Form
By: ______________________________
Name: Michael Woo
Title: Senior Assistant City Attorney
Email: MichaelW@cupertino.gov
Date: ____________________________
12 of 15
City of Mountain View
By: ______________________________
Name: Kimbra McCarthy
Title: City Manager
Email: Kimbra.McCarthy@mountainview.gov
Date: ____________________________
City of Mountain View, Approval as To Form
By: ______________________________
Name: Montague Hung
Title: Assistant City Attorney
Email: Montague.Hung@mountainview.gov
Date: ____________________________
City of Morgan Hill
By: ______________________________
Name: Christina Turner
Title: City Manager
Email: Christina.Turner@morganhill.ca.gov
Date: ____________________________
City of Morgan Hill, Approval as To Form
By: ______________________________
Name: Elisa Tolentino
Title: City Attorney
Email: Elisa.tolentino@morganhill.ca.gov
Date: ____________________________
13 of 15
City of San José
By: ______________________________
Name: Emily Lam__________________________
Title: Director of Administration, Policy, and Governmental Relations
Email: Emily.Lam@sanjoseca.gov
Date: ____________________________
City of San José, Approval as To Form
By: ______________________________
Name: Arlene Silva
Title: Senior Deputy City Attorney
Email: Arlene.Silva@sanjoseca.gov
Date: ____________________________
City of Sunnyvale
By: ______________________________
Name: Tim Kirby
Title: City Manager
Email: tkirby@sunnyvale.ca.gov
Date: ____________________________
City of Sunnyvale, Approval as To Form
By: ______________________________
Name: Anais Aquino
Title: Senior Assistant City Attorney
Email: aaquino@sunnyvale.ca.gov
Date: ____________________________
14 of 15
Prospect Silicon Valley
By: ______________________________
Name: Doug Davenport
Title: Chief Executive Officer, Executive Director
Email: doug.davenport@prospectsv.org
Date: ____________________________
15 of 15
EXHIBIT A: RFC JOINDER AGREEMENT
By executing this Joinder Agreement, the undersigned entity agrees to become a Party to
the Memorandum of Agreement governing the Resilient Facilities Coalition (RFC).
Entity Name:
By: ________________________________
Name: ______________________________
Title: _______________________________
Email: ______________________________
Date: _______________________________
Entity name: (________________), Approval as To Form
By: ______________________________
Name: ____________________________
Title: ____________________________
Email: ___________________________
Date: ____________________________
Entity name: (________________), Listed Designee
Individuals named here shall be the listed designees. Any notices provided under this
MOA must be in writing and may be given either by mail or e-mail to the following
addresses:
Name: ____________________________
Email: ___________________________
Address: ____________________________
Name: ____________________________
Email: ___________________________
Address: ____________________________