HomeMy Public PortalAboutRES-CC-2015-34Resolution #34-2015
A RESOLUTION APPROVING A MEMO OF UNDERSTANDING BETWEEN THE
CITY OF MOAB AND ROCKY MOUNTAIN POWER'S BLUE SKY PROGRAM
REGARDING THE 2015 BLUE SKY GRANT FUNDING AWARD.
WHEREAS, the City of Moab is a proud participant in Rocky Mountain Power's Blue Sky
Program and strongly urges Moab residents, Moab businesses and local, state and federal
government entities to join in this and other efforts to promote renewable, non-polluting
energy development; and
WHEREAS, the City of Moab seeks to expand its renewable, non-polluting energy
production capacity; and
WHEREAS, Rocky Mountain Power provides opportunities for local government Blue
Sky Partners to apply for matching grants to expand grid -tied renewable, non-polluting
energy production capacity; and
WHEREAS, Rocky Mountain Power has awarded the City a Blue Sky Grant of up to
$60,000 to fund a solar project at 217 East Center Street.
NOW, THEREFORE, we, the Governing Body of the City of Moab do hereby approve a
Memorandum of Understanding between the City of Moab and Rocky Mountain Power's
Blue Sky Program as presented.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of the City of Moab in open session
this 8°i day of December, 2015.
David L. Sakrison
Mayor
Attest:
Rachel Stenta
City Recorder
Resolution #34-2015
1ROCKY MOUNTAIN
POWER
A dVISION OF PACIFlCORP
November 30, 2015
City of Moab
ATTN: Ken Davey
217 E. Center St
Moab, UT, 84532
RE: 2015 Blue Sky funding award - Moab City Hall Solar Project
Dear Ken:
P.O. Box 400
Portland, Oregon 97207-0400
Congratulations! On behalf of our participating Blue Sky customers, Rocky Mountain Power is
pleased to inform you that you've been selected to receive a Blue Sky funding award of up to
$60,000 to help advance your solar project at 217 E. Center St., Moab, UT.
Funding for your project is made possible by customers enrolled in the Blue Sky renewable
energy program. You can learn more about the program at rockymountainpower.net/bluesky.
In order to receive Blue Sky funding, Rocky Mountain Power requires a commitment to meet
certain terms, milestones and deliverables as outlined in the attached memo of understanding.
Your project funding award is contingent upon your agreement to the terms set forth herein.
Blue Sky funding will be provided once the project is complete and Rocky Mountain Power has
received all documentation required to verify project completion. A copy of this letter and the
attached memo of understanding should be given to your project manager and contractor so
they are aware of all program requirements.
If you agree to all of the conditions set forth in the memo of understanding, please sign and
initial where indicated. Please email a copy of the letter, signed memo of understanding and
your current W-9 to blueskyprojects@rockymountainpower.net by December 9, 2015. When
you return the memo of understanding, please identify the project's primary contact person.
We look forward to partnering with your organization to make more renewable energy happen
in the region.
Sincerely,
Cindy A Crane
President, Rocky Mountain Power
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Memo of Understanding - 2015 Blue Sky Funding Award
On behalf of participating Blue Sky customers, Rocky Mountain Power (RMP) a division of
PacifiCorp and subsidiary of Berkshire Hathaway Energy Company will provide up to $60,000
to City of Moab to help support the installation of a renewable energy project at Moab City
Hall, upon completion of the project installation and award recipient requirements having been
met.
I agree to meet all program requirements and deadlines which include, but may not be limited
to the following (please initial the bottom of each page to accept the terms on that page):
I. PROJECT SUMMARY
This Blue Sky funding award amount is based on the information provided in the application
and during the interview process. Any unapproved material change to project
design/plans/scope may result in forfeiture of funding or an adjustment to the Blue Sky
funding award amount. All modifications to the project design/scope including those features
listed below must be submitted for approval using the Change Request Form available under
"Award Recipient Requirements" at rockymountainpower.net/blueskyfunds.
Technology
Solar
Blue Sky
recognition
News release and media interviews,
Blue Sky information on educational
displays at City Hall, ribbon cutting
ceremony, Blue Sky Proclamation
Minimum size*
25 kW
Project location
City Hall - east
portion of rooftop
Commercial
online date
July 2016
Education
plan
Educational displays at City Hall, solar
education at community meetings
Funding award**
$60,000
Total project cost
$100,000
* Blue Sky awards are competitive and fiending is limited. If your project received a partial funding award, a
minimum project size has been established based on the reduced funding level, which differs from the project size
identified in your application. If your project does not meet the minimum size requirement listed above, funding
may be reduced or rescinded.
**The Blue Sky funding award represents an "up to" amount. Blue Sky funding will not exceed 60% of total eligible
project costs. Changes in project costs, design, and funding sources may result in adjustments to the final Blue Sky
funding amount.
I1. RENEWABLE ENERGY PROJECT INSTALLATION
• Install a renewable energy project that will be served by Rocky Mountain Power (located in
Rocky Mountain Power's service area) over the life of the project.
• Install a commercial -scale project with a nameplate capacity of at least 25 kW DC at 217
E. Center St. in Moab, UT.
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I I I . U S E O F B L U E S K Y F U N D S
A p p l y B l u e S k y f u n d s o n l y t o c a p i t a l c o s t s a s s o c i a t e d w i t h t h e i n s t a l l a t i o n o f e q u i p m e n t . F u n d s
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structural or other site improvements, including landscaping.
The sum of Blue Sky funds and other outside funding sources cannot exceed 60% of eligible
project costs and final payment may be adjusted for changes in project costs or funding sources.
In addition, solar incentives provided by Rocky Mountain Power programs may not be applied
to the project if Blue Sky funding is accepted.
IV. PROJECT SPONSOR DELIVERABLES
Project Completion Date Requirement
Complete the project by December 31, 2016. (Please note: extensions to this timeline may be
considered for projects associated with the construction of a new building or structure on a case -by -case
basis.) Extensions may be granted if a change order request is submitted and approved by a
Rocky Mountain Power Blue Sky program representative. Note: Recipient understands that if the
project is not completed by December 31, 2016, BIue Sky funding ntay be rescinded unless a Rocky
Mountain Power change order form is submitted and approved by a Rocky Mountain Power Blue Sky
program representative.
Financing plan
Demonstrate to Rocky Mountain Power's satisfaction by July 15, 2016 via a written
communication directed to blueskyprojects@rockymountainpower.net that all funds necessary
to complete the project have been secured to ensure the development and construction of the
project. If the project has not secured financing for the additional amounts required by July 15,
2016, the project may forfeit its right to the funds reserved for the project.
Reporting/Communication Requirements — Project Development/Construction
• Provide Rocky Mountain Power's Blue Sky team a quarterly project progress report on the
15th of the month following the calendar quarter by completing and submitting the progress
report form provided by Rocky Mountain Power and emailing it to
blueskyprojects@rockymountainpower.net and continue to do so until the project is
completed and on-line. The first report will be due by Thursday, January 15, 2016.
• Complete and submit a "change order' request form provided by Rocky Mountain Power if
anything changes on my project from what was originally planned and communicated in
the Project Summary above, via my application, or and during the interview process. At that
time the original level of funding awarded will be re-evaluated against the new project
scope.
• Keep the Blue Sky funding award administrator and local utility contact apprised of project
updates and opportunities to participate in on-line celebrations and news/press
announcements.
• Attend the Blue Sky award recipient webinar, along with contractor and project manager.
The webinar will cover funding award requirements and expectations, along with guidance
to expedite the documentation and reimbursement process. Webinar details will be
provided upon receipt of the signed memo of understanding.
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Reporting Requirement - Upon Completion of Project
Submit a final report using the Rocky Mountain Power Blue Sky final report form and direct it
to blueskyprojects@rockymountainpower.net. I understand that final reports should be
submitted no more than 60 days following the project coming on-line.
Note: Blue Sky funding award will be paid directly to the applicant or to their designated assignee as
directed by the applicant (host facility). Payment will be made contingent upon receiving the required
documentation.
IMPORTANT —Funding will be distributed once the project is complete and verified through
the following steps:
• City/county electrical inspection is performed
• Utility has approved interconnection agreement application
• Utility has approved installation for operation (utility installed net meter is operational and
system is grid tied; for projects that are not to be net metered, the final report must include a
copy of the power purchase agreement signed by the project sponsor and an authorized
Rocky Mountain Power representative)
• Final report is submitted and approved by the Blue Sky team, along with:
o Itemized financial report showing allocation of Blue Sky funding including the percent
of the total project cost covered by Blue Sky funding award
o Copies of detailed, itemized invoices documenting total and eligible system costs - i.e.
labor, permits, renewable energy generation equipment - i.e. PV modules, Wind
turbine, inverters, interconnection equipment, mounting or tracking structures,
disconnect box, electrical conduit. Costs incurred for re -roofing, roofing repairs, financing
fees, administration or are not eligible.
o Photos of project and project area
o Web link to installed and operating inverter data monitoring equipment that consists of
a production history electronic database and a public (not requiring login) Web page
component is complete
Payment will be made within thirty (30) days after the installation is completed and all
reporting and documentation requirements have been met. Rocky Mountain Power will not be
responsible for any lost documentation related to these award requirements.
V. Customer Education/Outreach - Communications Support
A project's visibility and potential educational value are important considerations when
determining what projects receive Blue Sky funding. These projects provide an educational
opportunity for communities - raising awareness and understanding regarding renewable
energy technologies and the Blue Sky program. As a result, we expect project sponsors to
commit to the following:
• Blue Sky Recognition statement: Include the following statement on all signage, materials,
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BLUES NROCPOWER
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and communications, both print and non -print, produced as part of the Blue Sky -funded
project, "This project was made possible with funding support from Rocky Mountain
Power's Blue Sky program customers." Contact blueskyprojects@rockymountainpower.net
with questions about use and modification of this language.
• Approvals: Seek prior approval from Rocky Mountain Power for all materials that recognize
Blue Sky customers or use the Rocky Mountain Power and Blue Sky logos.
• Celebrations and publicity: Celebrate the project completion through one or all of the
following per the Project Summary Education Plan section above: media event, tour, media
advisory, press announcement, stakeholder communications. Blue Sky representatives must
be provided an opportunity to participate celebrations.
• Permanent recognition: Develop visible, permanent signage that publicly recognizes the
contributions of Rocky Mountain Power's Blue Sky customers. Rocky Mountain Power can
provide samples and support the development of content and messaging.
• Project host website: Publish the Rocky Mountain Power Blue Sky logo and the online
project monitoring tool on the project host's website at the time of project completion. Note:
monitors cannot be used for advertising purposes.
• Rocky Mountain Power website: Allow Rocky Mountain Power to include information
regarding your project in customer communication material used by Rocky Mountain
Power. This includes Rocky Mountain Power's right to use photographs of the facility in
brochures and internet pages for purposes of supporting the Blue Sky renewable energy
program.
• Site tours: Allow Rocky Mountain Power and its customers and guests at least two tours
each year, subject to 30 day advance notice by Rocky Mountain Power.
Contact the Blue Sky funding award administrator for approvals and guidance related to
outreach and education.
VI. OVERALL ACKNOWLEDGEMENT OF TERMS
I understand that this funding award, as specified in Section II above, is to, among other things,
"Install a renewable energy project that will be served by Rocky Mountain Power (located in
Rocky Mountain Power's service area) over the life of the project." Accordingly, I agree to
refund the award in full should the project cease to be served by Rocky Mountain Power.
I have reviewed and understand the terms and conditions of receiving Blue Sky funding and
represent and warrant to Rocky Mountain Power that I am authorized to sign this memo of
understanding.
Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE
PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE
ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN
WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.
IN NO EVENT SHALL ROCKY MOUNTAIN POWER BE REQUIRED TO PAY OR BE LIABLE
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FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.
As a Blue Sky award recipient I understand I must be enrolled in Rocky Mountain Power's Blue
Sky program at the business partner level. .
I (project sponsor name/ host name) hereby understand and accept all
obligations and limitations associated with receiving a Blue Sky funding award.
I also acknowledge that Rocky Mountain Power has not made any representations and has
specifically disclaimed any and all warranties, expressed or implied, with respect to the
renewable energy system installed or the electrical contractor, including but not limited to those
concerning the electrical contractor's experience qualifications or background, the amount of
energy generated or saved, if any, to be realized by the host customer, the quality of specific
materials, components, or workmanship utilized in the installation or the nature of or whether
building permit(s) or governmental approvals may be required. I also understand that Rocky
Mountain Power's liability is limited to the funding award and under no circumstances will
Rocky Mountain Power be liable to the customer or electrical contractor for any further
amounts.
Project Sponsor
Signature:
Printed Name:
Title:
Company:
Email address:
Contact number:
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Rocky Mountain Power Acceptance
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Rocky Mountain Power Blue Sky Program Representative
Signature
Date
**Please return signed form to blueskyprojects@rockymountainpower.net
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