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HomeMy WebLinkAbout2015-04-09 PacketDRAFT MINUTES CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday April 9, 2015 7:00 PM I. CALL TO ORDER 7:OOp.m. II. ROLL CALL Answering Roll Call was Anderson, Glahn, Gubrud, Howard, Manser, Seeley, Thompson, Waddick, and Chair Kostuch Late: Satterlee, Sierks, and Zarrin Absent: Padmanabhan Staff Present: Ross Bintner and Rebecca Foster Member Satterlee arrived at 7:01p.m. III. APPROVAL OF MEETING AGENDA Motion made by Member Gubrud and seconded by Member Howard to approve the Meeting Agenda. Motion carried unanimously. Member Zarrin arrived at 7:12p.m. IV. ADOPTION OF CONSENT AGENDA A. Minutes. No Comment. B. Attendance report and roster. No Comment. C. Workgroup list and minutes. Member Gubrud requested the day of the Education and Outreach Working Group change from first Thursday of the month to the first Tuesday. He requested the spelling of his working group member be changed from Pretice to Prentice. Motion made by Member Gubrud and seconded by Member Thompson to approve the remaining Consent Agenda. Motion carried unanimously. Member Sierks arrived at 7:14p.m. V. COMMUNITY COMMENT. Karin Schaefer, Executive Director MN Beef Council, says the "Cowspiracy" movie is only looking at one study in 2006. The researchers say that there are flaws in the study saying that livestock contribute to 30% of global warming in US and throughout the world. It wasn't a global study it was just within the US. The EPA says only 3% of global warming is from livestock. She would like to have the EEC show the movie "Farmland" which is about pro -agriculture. VI. REPORTS AND RECOMMENDATIONS A. Recap of 4/7/15 Discussion at Council Work Session. Chair Kostuch reviewed the Council Work Session. He said Scott Neal admitted that there are no environment efforts in the CIP. The Council said the EEC should be proud of their accomplishments, but it was city staff that drove the projects, Business Recycling (Bill Neuendorf), Solar Panels (Scot Neal), and PACE (Scott Neal). Chair Kostuch was disappointed by the Mayor asking what to do about the City's Fleet when the EEC told the Council what to do with it in the Fleet Advisory. Chair Kostuch was shocked to hear the Council looks at them for the "How", because the EEC is a group of nonprofessionals who don't know how the city's operations work and only meet a couple hours a month. The City is a bunch of silos with lots of demands on City staff, so it's hard to get things done. The EEC would like to have a budget for Sustainability uses. The EEC 2015 Workplan explains the "how", so the members created a smaller group to meet with Scott Neal and Kevin Staunton to figure out how to get top down success with implementing sustainability within city operations. Keith nominated Sarah Zarrin to lead and chair the small group with the participation of Kevin Staunton and Bill Seirks. The first meeting will be with Scott Neal. It was asked if anyone, 1 or 2, members would like to join the group, let Sarah know. Specifically, it was asked the new members, if desire, to join this group. We would like to keep the group small and focused. It was agreed and passed by all members. Scott Neal will be attending the May EEC meeting to talk with the Members and discuss the Xcel Franchise agreement. B. Succession Planning for EEC. Chair Kostuch discussed how there will be four members terminating off at the end of this year and explained which working groups need to receive Chairs to continue. Chair Kostuch Chairs the Procurement Report which is a summary from the City Manager explaining what sustainability projects have been implemented during the past year. Chair Kostuch also Chairs the City Environmental Considerations Subcommittee which makes sure the City incorporates sustainability in Capital Improvement Projects. Member Sierk Chairs the Building Energy Efficiency Subcommittee which makes sure the existing city buildings have energy efficiency and Community Solar Subcommittee to evaluate whether the City can host a Community Solar site. Member Thompson and Gubrud co-chair the Education Outreach working group which engages people on energy efficiency. Member Gubrud gives updates on the Home Energy Squad. C. EEC Meeting Process Discussion. Chair Kostuch requested Working Group and Subcommittee meeting minutes to be submitted to the meeting packet. Your verbal report should be what is your need or getting approval for a project from the Commission. D. Xcel Energy Franchise Ordinance. Member Kostuch said Scott will be at the May Meeting to discuss what he needs from the EEC. The Energy working group will talk to the City of Minneapolis, because they just wrote renewal energy into their agreement. VII. CORRESPONDENCE & PETITIONS A. Email from Karin Schaefer - Executive Director MN Beef Council. Refer to Community Comment. VIII. CHAIR AND COMMISSION MEMBER COMMENTS A. Building Energy Efficiency Subcommittee. No Comment. B. Business Recycling Working Group. Member Zarrin said the City of Minneapolis is going to model our Business Recycling efforts. C. City Environmental Considerations Subcommittee. No Comment. D. Community Solar Subcommittee. Member Thompson said they have 10 people interested in Community Solar and would like to turn the Subcommittee into a Working Group. Member Sierks said he'd like to have a more defined work plan before developing a working group. Member Thompson will reach out to the interested people and find out what their expertise and interests are to develop the work plan. E. Education Outreach Working Group. Member Howard said there will be a panel discussion after the movie "Cowspiracy." This movie has received a lot of controversy. Motion made by Member Glahn and seconded by Chair Kostuch to not show the Cowspiracy movie. Member Glahn Opposed. Chair Kostuch Abstained. Motion carried. Chair Kostuch said that future movie posters should have a disclaimer on the posters that the City of Edina doesn't endorse the movie. Member Zarrin excused herself from the meeting at 8:26pm. Motion made by Chair Kostuch and seconded by Member Thompson that in the future the Education and Outreach Working Group take a more formalized approach to getting the full commission approval as opposed just being informational. Motion carried unanimously. Member Howard is proposing the movies "Farmland" or "Revenge of Electric Car" for the May movie. Motion made by Member Howard and seconded by Member Thompson to play the movie Revenge of the Electric Car for the 3'd Friday in May. Member Glahn Opposed. Member Howard Abstained. Motion carried. Member Thompson gave an update on the April forum. There were 189 participants with a lot of active youth hosting it. F. Home Energy Squad Subcommittee. Mr. Bintner said he prepaid $1500 to the Home Energy Squad. Member Gubrud will be writing an article for the Fall About Town on Home Energy Squad. G. Local Food Working Group. Chair Kostuch will ask past Member Latham if this working group needs to exist. H. Recycling and Solid Waste Working Group. Keith Ellison went to Washington and discussed how great of a job 50th & France was doing with Business Recycling. I. Student Subcommittee. No Comment. J. Urban Forest Task Force. Chair Kostuch will ask past Member Latham if this task force needs to exist. K. Water Quality Working Group. Member Waddick said the group received a new member. They are working on their outreach with Arden Park to educate on buffers and stream bank restoration. Flyers will be dropped off door to door. The group will have a table at Arneson Park for the Mother's Day plant sale to talk about Storm Drain issues. The Storm Drain Stenciling will start again with two youth groups from Good Samaritan Church. About Town will have an article on Mow High and Storm Drain Stenciling. IX. STAFF COMMENTS A. Maintaining an Aging Infrastructure. Mr. Bintner talked about how the City maintains its infrastructure. The City uses an Asset Management approach. We are now replacing infrastructure after its first cycle. Storm Sewer, Trails, and Sidewalk installs have increased when the City reconstructs a neighborhood while the road area is decreasing. The average lifecycle replacement is 80-85yrs. Member Seeley excused herself from the meeting at 9:14pm. B. 2015-2016 EEC Term Summary / Council Advisory Status / Workplan. No Comment. There being no further business on the Commission Agenda, Chair Kostuch declared the meeting adjourned at 9:16p.m. Motion made by Member Glahn and seconded by Member Waddick to adjourn meeting. Motion carried unanimously. Respectfully submitted, Rebecca Foster GIS Administrator s CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION EDINA CITY HALL COMMUNITY ROOM Thursday May 14, 2015 7:00 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. ADOPTION OF CONSENT AGENDA A. Minutes B. Attendance report and roster C. Workgroup list and minutes V. COMMUNITY COMMENT During "Community Comment," the Energy & Environment Commission will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the Commission, or which aren't slated for future consideration. Individuals must limit their testimony to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commission Members to respond to their comments tonight. Instead the Commission might refer the matter to staff or to an EEC Working Group for consideration at a future meeting. VI. REPORTS AND RECOMMENDATIONS A. Xcel Energy Franchise Ordinance B. Community Solar C. Green Step Cities/ Carbon Disclosure Proiect / ICLEI Membership VII. CORRESPONDENCE & PETITIONS A. Email from Dianne Latham — Former EEC Member VIII.CHAIR AND COMMISSION MEMBER COMMENTS A. Building Energy Efficiency Subcommittee B. Business Recycling Working Group C. City Environmental Considerations Subcommittee D. Community Solar Subcommittee E. Education Outreach Working Group F. Home Energy Squad Subcommittee G. Local Food Working Group H. Recycling and Solid Waste Working Group I. Student Subcommittee J. Urban Forest Task Force K. Water Quality Working Group IX. STAFF COMMENTS A. 2015-2016 EEC Term Summary/ Council Advisory Status/ Workplan UPCOMING EVENTS AND MEETINGS: http://www.edinamn.gov/ <click calendar> The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. ,r Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w/Quorum Type 1" under the month on the meetings' line. EtY FEINT GC?NM' Type 1" under the month on the meetings' line. Type "1" under the month for each attending member. ....... ......... Type 1" under "Work Session" on the meetings' line. J F M A M J J oror A S O N D Wk Session Wk Session Type "1" under the month on the meetings' line. Type "1" under the month for ALL members. Meetings/Work Sessions There is no number typed on the meetings' line. 1 1 1 1 1 NAME TERM ` 41712015 (Enter Date) Glahn, William 2/1/2017 1 1 1 1 4 °. Gubrud, Bob 2/1/2016 1 1 1 1 a Howard, John 2/1/2016 1 1 1 1 1 5 6 Kostuch, Keith 2/1/2016 1 1 1 1 1 $6 Manser, Richard 3/1/2018 1 1 1 $ ' Satterkee, Lauren 3/1/20181 1 1 1 3 1E Seeley, Melissa 3/1/2018 1 1 1 $ 11M Sierks, Bill 2/1/2016 1 1 1 1 1 5 100% Thompson, Paul 2/1/2016 1 1 1 1 1 5 1fl0°A Waddick, Louise 2/1/2017 1 1 1 1 1 5 100% Zarrin, Sarah 3/1/20181 1 1 1 $ 60% Heer, John 2/1/2015 1 1 2 , IZ'Q096, Latham, Dianne Plunkett 2/1/2015 1 1 Anderson, Reilly 9/1/2015 1 1 1 1 4 . Padmanabhan, Sunaya 19/1/20151 1 1 1 3 6006 Liaisons: Report attendance monthly and attach this report to the Commission minutes for the packet. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE) Regular Meeting w/Quorum Type 1" under the month on the meetings' line. Type 1" under the month for each attending member. Regular Meeting w/o Quorum Type 1" under the month on the meetings' line. Type "1" under the month for each attending member. Joint Work Session Type 1" under "Work Session" on the meetings' line. Type "1" under "Work Session" for each attending member. Rescheduled Meeting' Type "1" under the month on the meetings' line. Type 1" under the month for each attending member. Cancelled Meeting Type "1" under the month on the meetings' line. Type "1" under the month for ALL members. Special Meeting There is no number typed on the meetings' line. There is no number typed on the members' lines. "A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice is 7 Edina Energy & Environment Commission Working Groups and Subcommittees Draft of 4-9-15 Building Energy Efficiency Subcommittee - Chair Sierks, Members: Bill Glahn, Keith Kostuch Objective: This subconrrnittee will work with City staff to recommend to Council a comprehensive approach for achieving deeper energy e/, iciency actions for the cih7's buildings that maximizes greenhouse gas reductions, rnaxirnizes energy saved and dollars saved, and maximizes effective use of city dollars. City Environmental Considerations Subcommittee — Chair Keith Kostuch, Members: John Heer Objective: This sub -committee of the EEC will work with City staff to find a way to embed the 2008 Comprehensive Plan Chapter 10 environmental commitments into the Citv' capital budget process. New buildings, maJor building renovations and feet purchases have large and long-term environmental implications. Consequently, environmental considerations need to be made more explicit at the inception of all capital projects and in the approval process up to City Council final approval. Tuneframe: This process will be collaborative with City slgff in terms of conceptualization and implementation so it will take most or all of 2014. Community Solar Subcommittee - Chair Bill Sierks, Members: Paul Thompson, Bob Gubrud Objective: Work with City Stceff to evaluate whether the City can host a Community Solon site. If .so, the group will assist as appropriate in completing the steps necessary to apply for, develop, and market this program, and involve interested members ol'the public through a working group if the project moves forward to construction Edina Business Recycling Working Group— 3`d Wednesday - Chair Sarah Zarrin — Members: Lori Syverson (Chamber of Commerce), Ben Knudson (Hennepin County Environmental Services), Andre Xiong (HCES), Aileen Foley Education Outreach Working Group (EO WG) — 1S` Thursday at 7:00 pm - Co -Chairs Paul Thompson and Bob Gubrud — Members: John Howard (EEC), Reilly Anderson, Sunaya Padmanabhan, Sarah Stefanik, Chuck Prentice and Mindy Ahler. Objective: The mission of the Education and Outreach Working Group is to support the charter of the Edina Energy and Environment Commission by creating awareness and engaging residents, schools, churches, business' cmd community organizations to take action to conserve and increase energy efficiency, to reuse and recycle, and to preserve and enhance our environment Home Energy Squad Subcommittee (HES) — Meets as needed - Chair Bill Sierks — Commissioners - Paul Thompson, Bob Gubrud Objective: This subcommittee works with City staff, Xcel Energy, Centerpoint Energy, and the Center for Energy and the Environment to implement the Home Energy Squad program for Edina's residents. The city s gas and electric utilities have hired CEE to implement to implement the Home Energy Squad program across their service area. Our subcommittee is helping to promote the program and maximize its impact in Edina. Local Food Working Group — Chair Dianne Plunkett Latham, Arlene Forrest, Louise Segreto, David Chin, Joeffrey Bodeau, Virginia Kearney, and Jamie Bodeau Objective: Facilitate creation of home%ommunity gardens, chicken & bee keeping, and incorporation of food growing areas/access in multifamily residential developments Recycling & Solid Waste Working Group (RSW WG) — I" Thursday at 7:00 pm - Chair DP Latham, Commissioners Sara Zarrin and Tim Rudnicki - Members Michelle Horan, Lauren Satterlee, Melissa Seeley — City Staff Solvei Wilmot Objective: Evaluate and monitor the provision of a residential recycling program. Evaluate and monitor the provision of a privately provided solid waste program, as well as a reduction in municipal solid waste produced by city residents and businesses. Educate the public about recycling Student Environmental Leadership Council — EEC Chair, Members: Paul Thompson, Student Members, and open to students attending secondary schools in Edina. Objective: To facilitate, coordinate and share information between the EEC and the School Environmental groups and to work on common energy and e nvironrnental objectives as appropriate. To assist in developing environmental leaders of tomorrow. Water Quality Working Group (WQ WG) — I" Thursday at 6:30pm - Chair Lou Ann Waddick — Members: David B. VanDongen, Jon Moon, Steve Wielock, Katherine Winston, Sue Nissen and Randy Holst Objective: To facilitate communication between citizens and city government and champion efforts to improve water quality within Edina. AGENDA — May 1, 2015 EDINA CLIMATE IMPACT REDUCTION (ECIR) TEAM Considering and planning on short, mid, and long term plans. Break down the goal of GHG reduction into yearly, 5,10 and 20 years. This way it is more quantifiable and making sense to all. Rather than waiting for 10 years to achieve the set goal. 0 2016 ?? %, 2-3% per year. Yearly goal until 2020 0 2020 ?% 0 2021 ? % per year, yearly goal until 2025 0 2025 ?% • Spread easy (low hanging fruits), medium, and major items throughout the 1-25 years planning 1. Discuss team membership: (3 min) Initial members: a. Council — Kevin Staunton b. City Management — Scott Neal c. EEC — Sarah Zarrin and Bill Sierks 2. Discuss EEC Recommended Action Steps: (15-20 min) a. Creating City Greenhouse Gas baseline & forecast i. Recommend contacting LHB to ask if they can do this based on Regional Indicators Project; any additional cost? ii. Training a staff to be able to monitor and track, comparing cost/benefits? b. Components of City Action Plan i. Based on City emissions data (2a above) identify reduction strategies for major emission sources ii. We anticipate these will include: City building energy use; City fleet; and city water supply, wastewater treatment iii. Based on EEC and city (internal city all sites) inputs iv. We anticipate these will include: city lights, solid wastes, zoning thermostat for the city hall, usage of sensors on sprinklers, &.. Suggested Strategies (20-25 min) (just an overview — not going into detail on May 1) Break down all identified items into 3 categories Short term, midterm, and long term Spread easy, low hanging fruit items, throughout 5 years assessment planning a. City Building Energy Efficiency (Existing Team — Sierks, Barnes) i. Create an internal city Climate Impact team ii. Fund and prioritize CR -BPS work iii. Climate Impact Team Needs to Track this; identify effective oversight plan iv. Address financing/implementation as CR -BPS report is submitted v. Establish interim GHG & energy reduction targets, timelines, and strategies based on CR -BPS work b. City Fleet (No existing City -EEC team) 10 i. Need to identify fleet GHG reduction strategies ii. Identify effective oversight plan for Climate Impact Team iii. Understand city fleet planning, purchasing, financing options; what are the opportunities for GHG strategies? iv. Establish interim GHG & energy reduction targets, timelines, and strategies based on CR -BPS work c. City capital planning/project development and approval i. Same questions as above d. City wastewater and water supply energy opportunities i. Water conservation is linked to saving on water treatment/supply e. City opportunity to participate in community solar projects f. Solid waste management - recycling, organics collection, Styrofoam ban and usage of compostable material etc. 4. Next Steps: (5-10 min) a. Identify how Climate Impact Reduction Team will move forward, involve others b. Next meeting ( recommend twice a month on regular bases, 2nd and 4`h Wed of each month) M Edina Climate Commitment Team (ECCT) First meeting was at 4 PM 5/1/2015, city hall, community room Attendees: Sarah Zarrin, Scott Neal, Kevin Staunton , and Bill Seirks Regular meetings on 7:30 am 1" and 3rd Monday of the month Next meeting 6/1/2015 at 7:30 am, room ?? Please reserve room for these dates, Scott Attached is a word document on the main items that was sent to all ECCT members before the meeting for review. Following is the action items and outline from the meeting. 1. Keep the group small, Sarah (chair), Bill, Scott, and Kevin 2. Everyone agreed that baseline is very important So far we have bldgs. baseline, B3, which is free of charge to the city-gov LHB baseline, on energy, water, vehicles miles Ask LHB if they can separate city-gov items from commercial and city residents, Scott 3. Items to focus on are 1. City gov bldgs. Team will focus on this first and will get more info from the city-gov at the next meeting, Scott 2. City-gov fleets City has lots of information on the fleets such as frequency of repair, replace, and... 4. Strategy, will go into detail of it at the next meeting 5. ECCT will follow up on yearly, 5yrs, and 10 years achievements of GHG reduction 6. Kevin and Scott will have a slot on the city council meetings to report on ECCT meeting notes, to keep the council and the Mayor informed on this commitment 7. Sarah will report and keep EEC informed of the ECCT meetings Note: For clarity, Referring to "city" mean city -government of Edina. Referring to "Community" means residents & businesses in Edina. 12 Meeting notes RSWG EEC new members and business recycling, 5/6/2015 at 4:15 pm. ATTENDEES: Sarah Z, Aillen F, Lauren S, and Melissa S Attached is the meeting notes, pls let me know if I missed any items. Monthly meetings 3rd Wed of each month 7 PM, Edina city hall, room? will confirm Will ask Ross to reserve a room for us, Sarah Keep on RSWG work plan and focus based on priority Business Recycling Focus on Galleria and Southdale Ask Scott and Bill to contact them to engage them wit Hennepin county, Sarah Aileen and Melissa, Aileen leading Resident and business Composting Put an ordinance together to ask haulers to provide composting to residents and businesses in Edina. Change the ordinance that was put together by Dianne for sec. 12-113 collection for composting material, cross out "upon the request of the customers". Sarah to contact Scott on composting Contact Solvei on composting, get her input on the best way to proceed, Sarah & Melissa Haulers that provide composting to residents in Edina: Vierkant disposal, Randy, dick's sanitation, Waste management Sarah has contacted AW, they do not provide the service at this point to residents but provide it to businesses in Edina. Melissa will lead this project, Sarah will stay on it and help her as well. Plastic Water bottle at city buildings Ask EEC to send again the advisory letter on the plastic bottles that was sent to the city council 2 years ago to act on it. Attached file. Sarah Styrofoam Group decided to follow up on this and put on the agenda items for the RSWG group Michelle Horan, RSWG working group member, has volunteered to lead this, team agreed for her to go for it. This is not the top priority for the RSWG. it is after business recycling and composting items. Lauren and Melissa will look into the short course on composting course/meeting if it fits their schedule in the month of june. 13 To: City Council From: Energy and Environment Commission Date: 2/27/2014 Subject: Advisory Communication — Energy and Environment Commission, waste reduction - carbon reduction goal- replacing plastic water vending machines with water stations Attachments: yes Action Requested: The EEC request City Council to ask the City Manager to replace plastic water vending machines with water stations EEC has done research and based on the attached presentation the draw back from plastic water bottles is more than the profit of about $22-30K city brings each year. Schools in Edina have added swkehed to water stations and had reduced the consumption and waste generated by plastic bottles. City can sell reusable water bottles to generate some money. EEC would like city to set example for other enterprises and advocate for reducing plastic wastes. Situation: Background: Assessment: Recommendation: I:\Energy and Environment Commission\Projects\2013\CC Advisory Communication\131014 EEC Carbon Gools.docx WQWG April 14, 2015 LouAnn Waddick, Katharine Winston, David Van Dongen, Steve Sando, Richard Strong, Steve Wielock Arden Park Neighborhood project - getting new streets -- is also a good time to address water BPM's along the Minnehaha creek as well as other BMP's in conjunction with the street improvement project Want to get a home to host a neighborhood meeting Melissa (new EEC commissioner) lives in the neighborhood Steve Sando said that hen's done some outreach in the neighborhood before People on the creek next to the church on Wooddale (beautiful gardens) all boulder but could have natives plants planted in between the boulders Reach '14 (stream stabilization south of Arden Park) & Reach '15 (stream stabilization project in the Arden Park area) Reviewed the satellite map of the Arden Park neighborhood where Reach '15 is occurring Reviewed Becky letter for Arden Park. If we cannot get a host house, then get WQWG people to go door to door to put fliers at each home. Meet in Arden Park is a possibility - except for weather conditions. Go twice strategy: Introduce and then follow-up Arden Park Neighborhood Association is in infancy stage and is just beginning to organize. Street re -construction begins next week on Steve Sando's block Green Steps Cities Living Streets Policy - fits in nicely with approaching Arden Park to do creek bank restoration Go face to face first to introduce the idea then have a meeting at a designated place Letter should grab attention right away - bullet points and attention grabber The more interest in this program the more the Watershed will open funds to help with the projects. Lawn signs - meeting announcements Indoor v. Outdoor for the meeting Indoor meeting at St. Stephen's Church 15 Watershed said that they would pay the $75 that St. Stephen's would charge for meeting space. Have the Arden Park meeting at St. Stephens Church on Tuesday May 12 2015 39 homes - Divi up the door to do duties David will call St. Stephens Church to reserve the meeting room for Tuesday May 12, 2015. Beautify and stabilize the Minnehaha Creek in your back yard When will we do door to door? Sunday April 19th @ 2:00 p.m. DOOR TO DOOR DOOR TO DOOR outreach wrap up Sunday April 19th @ 4:00 p.m. - Starbucks 50th & France DOOR TO DOOR addresses: LouAnn - 4421, 5119, 5117, 5113, 5111, 5109, 5107, 5105, Katherine - 5009, 5011, 5013, 5015, 5019, 5021, 5023, 5027, Steve W. - 5016, 5012, 5010, 5008, 5006, 5004, 4401, 5009, 5022, 5020, 5018, Steve - 5116, 5114, 5038, 5036, 5034, 5032, 5030, 5028, 5026, 5024, Arnesson Park Garden Club Mothers Day Sale Friday May 8th 10 - 8 p.m. Saturday May 9th 10- 3 p.m. Richard Saturday 10 to noon Steve W. Friday 6:30 p.m. To 8:00 p.m. LouAnn Friday 10 to noon Steve Sando Friday noon to 2:00 Katherine - ? John - ? Becky - short info piece on stream bank stabilization to use on the reverse side of Arden Park hand out. Neighborhood clean-up / adopt a storm drain 16 DATE: April 27, 2015 TO: Energy & Environment Commission Members Ross Bintner, title FROM: Scott H. Neal, City Manager RE: Xcel Energy Franchise In 1995, the City of Edina granted a twenty year franchise agreement to Northern States Power (dba Xcel Energy) to operate an electric utility in the City. The current franchise period was to expire on August 15, 2015. Earlier this year, the City and Xcel jointly agreed to extend the expiration date of the current franchise period to November 13, 2015. Xcel wishes to extend the franchise agreement, preferably for an additional twenty year period. The purpose of the extension was to provide the City with additional time in which to solicit public input on franchise extension proposal. Attached to this memorandum you will find two attachments. The first attachment is a copy of the current franchise agreement. The second attachment is a Process and Engagement Statement for the renewal of the Xcel Energy franchise. The Process and Engagement Statement (PES) describes the timeline a roles of the City entities that will be involved in this initiative. The PES was approved by the City Council at their March 3, 2015 meeting. The City will prepare a proposed franchise renewal agreement to initiate the renewal discussion with Xcel Energy. The PES contemplates an important role for the EEC in the preparation of that initial franchise renewal proposal. The first action of the EEC will be to discuss the matter at your May 14 meeting and to provide staff with your input. Staff will blend your input with its own ideas and preferences, and with input from City Council Members, to form an initial franchise renewal proposal. After the initial franchise proposal is prepared, staff will submit it for review & comment to the City's other advisory boards and commissions. Staff and EEC will host a public open house meeting regarding the initial franchise renewal proposal at a to -be -determined date in June. Following the open house, staff will synthesize the input received from boards and commissions with the input received at the open house to form the revised draft ordinance. The reviewed draft ordinance will be the subject of a City Council public hearing on July 21, 2015. Council will then consider the first and second readings of the revised draft ordinance on August 5, 2015. After the Council takes final action to approve the revised draft ordinance on August 5, the ordinance will be submitted to the Minnesota Public Utilities Commission for approval. If all goes according to plan, the new franchise will be approved and become effective in November 2015. CITY OF EDINA 4801 West 50th Street • Edina, Minnesota 55424 17 www.EdinaMN.gov • 952-927-8861 • Fax 952-826-0390 The EECs role in this process will be limited, but important. Staff will prepare documents and conduct direct discussions with Xcel Energy. Staff need your help in identifying the relevant public issues and in reaching a wider audience on this matter in the community. The timeline for this process is tight. We cannot afford to be sidetracked. It is important to stay on track with the timeline in the PES in order to provide sufficient time for Xcel Energy and the PUC to have time to review and approve the agreement. While Xcel Energy was gracious enough to grant the City a 90 day extension, I do not expect them to agree to an additional extension request. As for input from EEC at your May 14 meeting, there are limits set by the PUC regarding what we can ask for in a franchise agreement, but I am open to any ideas at this stage in the process. You may also want to consider some or all of the following: • Maintenance and upkeep of Xcel Energy equipment in City rights -of -ways • Percentage of power generated by solar or wind power sources • Reconstruction of Xcel Energy power infrastructure in the City • Financial support for Clean Energy squads dedicated to Edina • Financial support for new City staff position dedicated to city government sustainability planning • Accelerated schedule of LED streetlight installation • Provide financial support for City's economic development efforts • New policy to bury existing residential service lines • Mandated cooperation on street excavation and infrastructure replacement planning If the EEC desires to offer early input into the process of drafting the initial franchise renewal proposal, members should offer that input at the May 14 meeting. 18 Process.and Engagement Statement: Xcel Energy Franchise Renewal Mission: To create a new franchise agreement by and between Xcel Energy and the City of Edina. Completion: The process will be complete when the City Council has adopted the new franchise ordinance on August 5, 2015. Role of Council Members in Process: Provide Input during Phase 1, but to refrain from participating in the process until the proposed renewal ordinance is presented to the Council for first reading in October. Lead Facilitator: Scott Neal, City Manager Key Staff Participants: Ross Bintner, Environmental Engineer Patrick Wrase, Assistant City Engineer Debra Mangen, City Clerk Lead Commission: Energy & Environment Commission Timeline: April 2015 Staff prepares recommendations and seeks input from Council Members May 2015 Staff seeks input from EEC; Staff prepares draft franchise renewal ordinance June 2015 Boards & Commissions provide Review & Comment input on draft ordinance; Staff and EEC host open house meeting to solicit public input on draft ordinance July 2015 Staff synthesizes input and feedback into revised draft ordinance July 21, 2015 Staff presents the revised draft ordinance to City Council; Council hosts public hearing on revised draft ordinance; Aug 5, 2015 Council considers first reading and second/final reading ordinance; new ordinance is presented to Xcel Energy and Public Utilities Commission Nov 16, 2015 New franchise ordinance becomes effective 19 Edina draft 091614 Electric w/fee ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Edina, County of Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 51" Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 481 West 50d, Street, Edina, MN 55424. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 20 Edina draft 091614 Electric w/fee 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 2 21 Edina draft 091614 Electric w/fee underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the it repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (w) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company 3 22 Edina draft 091614 Electric wlfee whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of --way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 4 23 Edina draft 091614 Electric w/fee SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. • • R 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 24 Edina draft 091614 Electric w/fee SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being unposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ Sm C & I — Non -Dem $ Sm C & I — Demand $ Large C & I $ Public Street Ltg $ Muni Pumping —N/D $ Muni Pumping — Dem $ 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined For the purposc of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date.of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be 31 W Edina draft 091614 Electric w/fee due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third parry beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. AX" $ WXVLffiZMG5QV CU11614-1111'— Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the 7 26 Edina draft 091614 Electric w/fee amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: 12014. Attest: City Clerk Date Published: Mayor 8 27 EEC COMMUNITY SOLAR GARDEN SUBTEAM RECOMMENDATION FOR EEC: 1. Recommend that the City subscribe to a Community Solar Garden for a significant percentage of its electricity use. a. Contact the Metropolitan Council to express interest in participating in the Met Council government agency RFP b. Alternatively, develop an RFP seeking proposals from CSG operators interested in having the City as a subscriber. 2. Recommend that the City issue a Request for Proposals for a CSG on the roof of the Public Works Building. a. The City could subscribe to its own CSG, at its discretion, although this would likely cost more than subscribing under Recommendation 1. b. The City should consider including the following provisions in the RFP: i. Giving initial priority to City residents ii. Including a subsidy or discount for low income residents of the City 1. This could be addressed through a reduced charge by the City for allowing the subscriber to use the City's PW building as a host site. 3. These recommendations are based on the following materials: a. The St. Paul Public Housing Authority RFP, the Metropolitan Council RFP, and the Model Solar Rooftop Lease should serve as resource documetns in development of the RFP under Recommendation 2. b. The EEC CSG subteam can assist the City in developing the RFP under Recommendation 2 in assessing the key points/issues that should be included in an RFP. History of Community Solar Garden subteam work: A. The subteam, member Sierks, submitted an application for Deep Assistance to the Clean Energy Resource Teams (CERTs) before the November 17, 2014 deadline, requesting assistance to develop a CSG for the City. B. CERTs selected Edina as one of three Cities that it would assist in developing CSG projects. C. CERTs has hosted five conference calls discussing different issues of Community Solar Gardens. The notes of these conference calls/meetings are attached to the email D. Through the CERTs information, the Edina CSG team members have become aware of the opportunity for possibly subscribing to a CSG through the Metropolitan 28 Council. Also, information demonstrating that the financial viability of a residential CSG project was discussed in the most recent call on April 30. Information from the City of Winona will be forwarded to the Commission as soon as the team receives it. 29 To: City Council From: Energy and Environment Commission Date: May 14, 2015 Subject: Recommendation to Participate in Community Solar Garden Project led by the Metropolitan Council Attachments (1) Letter of Intent to participate in CSG project as a subscriber (2) Joint Powers Agreement enabling City to purchase solar energy through this project Action Requested: The EEC requests that the City Council authorize and direct the City Administrator to sign the attached Letter of Intent and Joint Powers Agreement on behalf of the City of Edina, indicating the City's intent to participate as a subscriber in the Request for Proposals (RFP) that the Metropolitan Council will issue shortly Situation: The City has an opportunity to participate in a community solar garden project led by the Metropolitan Council. The Met Council is preparing a Request for Proposals that it hopes to issue in about two months. The concept is to include a number of public entities in the proposal — such as state agencies, local governments — and ask solar developers to submit proposals for projects that the public entities would join as subscribers. By pooling together a number of public subscribers, who are very attractive as secure, low risk subscribers to developers, the Met Council hopes to attract interest by national solar developers and obtain bids that are very favorable to public entity subscribers. Federal incentives will be significantly decreasing at the end of 2016, so there is a need to act fairly quickly to have projects begin construction. Background See situation description above. Assessment: This is an ideal opportunity that may not occur for some time, if at all. The City still has the opportunity to decide not to participate as a subscriber after the successful proposals are selected. There is significant up -side potential with minimal to no downside risk. Recommendation: The EEC recommends that the City Council authorize City Manager Scott Neal to sign the Letter of Intent and Joint Powers Agreement on behalf of the City. w9�N�,r� Page 2 O �+ �HHa C:\Users\Rbintner\Desktop\Template - Advisory.docx Date Mr. Jason Willett Metropolitan Council Environmental Services 390 North Robert Street St. Paul, MN 55101 jason.willett@metc.state.mn.us Dear Mr. Willett: The City of Edina (Edina) believes the societal, financial and environmental value of Community Solar Gardens (CSGs) warrants Edina pursuing this opportunity in conjunction with other local government entities. As such, City of Edina staff have reviewed various materials and resources with regard to CSGs and have reviewed the electrical loads of the City's facilities. From this information, we have concluded that there is value in this program and therefore, the City; of Edina intends to participate in subscriptions that become available as part of the Metropolitan Council's Request for Proposals for CSG Subscription Agreements slated to occur in June or July, 2015. Attached to this letter is a list of facilities the City intends to involve in the purchase of Community Solar Garden subscriptions if the price and terms of the subscription agreements meet the City's goals and objectives. In total, this is a commitment not to exceed XX kWh. This letter does not bind the City of Edina to participate in a joint RFP process, sign any specific subscription agreements, or otherwise commit financial resources to the Metropolitan Council's Local Units of Government Community Solar Garden project. Nor does submitting this letter to the Metropolitan Council prevent the City of Edina from soliciting for CSG subscriptions alone or with other entities. The intent of this letter is to clearly state the City of Edina's desire to participate in one or more community solar gardens based on the terms and conditions of the proposals received as a result of the Request for Proposals for Community Solar Garden Subscription Agreements being issued by the Metropolitan Council in June or July, 2015. We encourage the Metropolitan Council to continue to take a leadership role on CSG projects so that the City of Edina along with other local government entities can participate in the KY% financially responsible and environmentally preferable attributes of solar energy and share those benefits with its residents and businesses. Together, by leveraging the strength of local government entities and the expertise of the Metropolitan Council, we can reduce carbon emissions and improve the overall quality of life for metro area residents and businesses. Sincerely, Scott Neal, Manager City of Edina 33 Community Solar Peer Learning Circle Session 4: Request for Proposals April 17th, 9:00am-10:00am Attendees: Ross, Bill, Trevor, Christy, Al, Bob, Leah, Shann Notes: 9:00am Introductions, agenda review Trevor to send out Met Council RFP Where are folks at? o Mahtomedi — open to all of the above o Edina — also open o Maplewood — also open. Have been approached by developers. What are benefits of RFP vs sole -source? 9:10am Leah Hiniker — Hennepin County's RFP Process • Had been approached by developers a year ago — were skeptical. After research, found it's viable. • Multiple phases: 0 1) Subscriber for Hennepin County buildings. 0 2) Host sites. The smaller the site, the less economical. 0 3) Supporting CSG for residents and local businesses. • Trying to take advantage of tax credit situation (moving from 30% credit to 10% credit after 2016). Subscribing seen as lowest -risk, best cost -benefit. • Came together with other government entities to develop an RFP for governmental subscribers. • Seeking to create an open and fair process (in regard to developers AND how other government entities join on). • Why not residential? Not ready to facilitate process of helping residents sign up with developers, but could happen down the road. Reducing electricity costs across Hennepin County thereby reduces taxes. • Can other cities join onto the RFP? Yes, Met Council would put out RFP and others could join on. Contracts would be with developers, NOT with Met Council. Likely each participant would need to sign a JPA with Met Council. • Current Met Council RFP is for subscribing AND hosting — includes lease agreements for land. 9:30am O&A with Leah Are residential requirements includes in the local government collaborative RFP? No, but some entities might issue a separate RFP. o If there are not 5 subscribers to fill every proposed garden, additional spots could be filled by other entities. What is the driving force to do this now? Is it cost, reliability, or something else? Xcel was mandated to create this program. 34 CLEAN ENERGY OVR�E ACCELERATOR GREAT PLAINS �Epat' a..—gBINSTITUTE,,,. Community Solar Peer Learning Circle Session 4: Request for Proposals April 17th, 9:00am-10:00am Attendees: Ross, Bill, Trevor, Christy, Al, Bob, Leah, Shann Notes: 9:00am Introductions, agenda review Trevor to send out Met Council RFP Where are folks at? o Mahtomedi — open to all of the above o Edina — also open o Maplewood — also open. Have been approached by developers. What are benefits of RFP vs sole -source? 9:10am Leah Hiniker — Hennepin County's RFP Process • Had been approached by developers a year ago — were skeptical. After research, found it's viable. • Multiple phases: 0 1) Subscriber for Hennepin County buildings. 0 2) Host sites. The smaller the site, the less economical. 0 3) Supporting CSG for residents and local businesses. • Trying to take advantage of tax credit situation (moving from 30% credit to 10% credit after 2016). Subscribing seen as lowest -risk, best cost -benefit. • Came together with other government entities to develop an RFP for governmental subscribers. • Seeking to create an open and fair process (in regard to developers AND how other government entities join on). • Why not residential? Not ready to facilitate process of helping residents sign up with developers, but could happen down the road. Reducing electricity costs across Hennepin County thereby reduces taxes. • Can other cities join onto the RFP? Yes, Met Council would put out RFP and others could join on. Contracts would be with developers, NOT with Met Council. Likely each participant would need to sign a JPA with Met Council. • Current Met Council RFP is for subscribing AND hosting — includes lease agreements for land. 9:30am O&A with Leah Are residential requirements includes in the local government collaborative RFP? No, but some entities might issue a separate RFP. o If there are not 5 subscribers to fill every proposed garden, additional spots could be filled by other entities. What is the driving force to do this now? Is it cost, reliability, or something else? Xcel was mandated to create this program. 34 o Reduce costs, be more sustainable, and support renewables — win for everyone. IF rules might change, is it worth forgoing an RFP to sign up quicker? o Hoping collaborative RFP will make this easier for everyone. Also bringing forth large-scale, financially stable customers to developers. Hoping this will drive the cost down. Is the tax credit the driver on timing? o Yes, and there are others: ■ Limited (cheap) land availability ■ Xcel could change the rules ■ Interconnection costs will increase as more solar comes online — costs will likely be passed onto newer gardens. How does this overlap with subscriptions from large businesses? o Plenty of subscribers out there. Large businesses are more risky than local governments. 9:55am Schedule next session • Trevor to send out subscriber agreement checklist • Thursday, April 30th, 9-10am • Timeline: Topic (Speaker) Estimate Date Requests for Proposals (Leah Hiniker) April 17th, 2015 Evaluating Financials (Chris Meyer) April 30th, 2015 Host Site Considerations (Brian Ross) May 15th, 2015? 10:00am Adjourn 35 CLEAN ENERGY ' G PLAINS ACCELERATOR INSTITUTE �VRCE �tP MtYr[wep, MtYr watl Community Solar Peer Learning Circle Session 2 February 27th, 10:30am-11:30pm Dial: 612-808-6338 ID: 220-2801 https://global.ciotomeetinci.com/toin/769586269 Session 2: Setting Learning Goals In this session, each participant will share their individual goal for what they want to get out of this learning circle. We'll use those goals, along with prioritizing the key questions that everyone has asked, to inform our call topics going forward. NOTE: The CERTs Conference on March 10th and 11th in St. Cloud will feature two sessions focused on community solar gardens (one on each day). I highly recommend attending if you can make it. Pre -registration is at.http://2015.mncerts.orci/ and closes after Monday, March 2"d Agenda: 10:30am Introductions, agenda review, getting started 10:35am Getting Answers — Reviewing the O&A Sheet 3 question categories: o Community Solar Law and Xcel program rules o Current market/landscape in Minnesota o How to move forward in your community Outreach/messaging o Paul -- Edina bringing in Xcel to talk about additional programs available — windsource, home energy squad, etc. o Bill Sierks — how do we start pinning down some provisions to put into the RFP to define costs for us, residents, and developers? Need to go to city council a couple different kinds. A garden that would be open to residents to subscribe to. - Met Council 10:50am Report -backs on homework — what is YOUR learning goal? Maplewood — interested in a community solar garden in Maplewood AND subscribing city buildings. o Location on city hall campus to host a garden o Would also like to help businesses subscribe o Low -hanging fruit — city subscribing. o PiE will wrap in 2 weeks, then move to implementation Mahtomedi — still trying to find the right direction. Look at low -hanging fruit (city subscribing). o How are others doing council buy -in? ■ Maplewood — have not brought it up, but participating in Xcel's Partners in Energy program, so assume support if budget available. 36 ■ Edina — had 1 supportive council member. Will have work session day before environmental forum (April 8th) Have also had conversations with Mayor and 2 new council members. How to use community groups to reach out to city council? What will be most effective at event to help city take action? Need a champion to move this forward. • Edina — host a smaller system (.5MW or smaller) for city buildings and residents. PW building. Has been looked at by MN Community Solar, big enough for 250-300kW. o Commission wants to see action in the next few months, but depends on funding and council commitment. • Think about city being an anchor — take up to 40% of the capacity. • How to open this up to residents? A lottery system? Could be a way to generate more interest. Possibly give preference to Home Energy Squad or other EE program participants. • Interest from Edina in keeping the project local. • Paul to send out Edina event information. Wednesday, April 8th 6- 8:30pm. • Maplewood — environmental commission and internal sustainability "green team." Partners in Energy is another vehicle to engage council. Looking to be opportunistic. • Mahtomedi — more of a discussion with environmental commission. Need more definition about what to propose or do. Possibility to discuss once direction is figured out. • Shann — subscribe to townhouse community? More questions for residents. • Paul — deeper training to be able to present community solar to youth/community members. • SMART -- Specific, Measurable, Attainable, Relevant, Time -Bound • What key questions might need to be answered first? • Individual or city goal? 11:15am Prioritizing questions for next call topics What are the top 1-3 questions you want to tackle right away? o What kind of cost projections can we get without hiring a consultant or getting really detailed, to get preliminary council interest and authorize staff to move forward. o See an example RFP — Trevor to send out SPPHA. Possibly have an LUG walk through their process o Best practices in what is all out there. More education on overall CSG — how are there already people signed up with waiting lists? ■ Right now developers reaching out to low -hanging fruit — larger companies. Have put in applications to get gardens approved. ■ No project have been approved, EXCEPT projects outside of Xcel's program. 37 o Trevor to call and update Ross 11:25am Schedule next session, assign "homework," wrap up 11:30am Adjourn 38 It then continues with questions that you can ask operators as you move forward. Community Solar Gardens (also called Community Solar and Community -Shared Solar) are centrally - located solar photovoltaic (PV) systems that produce electricity for participating subscribers. They are a way for people in Minnesota to benefit from solar PV systems without installing their own stand-alone project. Programs vary by utility in Minnesota. Many cooperative utility customers can subscribe to a project owned by their local utility. Customers served by Xcel Energy can participate in projects offered by private Community Solar Garden Operators. To help prospective subscribers decide which project might be right, CERTs, Minnesota Department of Commerce, Minnesota Solar Energy Industry Association, and Minnesota Renewable Energy Society have developed a document outlining what any Subscriber Agreement should address and highlighting the questions that can be asked up front to ensure a clear understanding of the subscription and its terms. Before subscribing to any particular project, all subscribers should ask for and review the operator's subscriber agreement. All subscriber agreements should address elements included in the Community Solar Garden Subscriber Disclosure Checklist (see link at left). Additional questions that subscribers can ask are on the pages to come. • How long have you been in business? How many installations have you done? Do you have references I can contact? • Will I be able to visit the system? How can I show I'm participating? • Will I be able to see online how much my subscription is producing for the life of my subscription agreement? • How will I receive updates about the project? How will I be notified if something goes wrong? • Who handles my subscription over time? Who do I call if I have questions? • When do I need to sign a subscriber agreement? What kind of paperwork will I need to fill out? • What types of PV modules will be used in the project? How do they differ from other panels on the market, and why did you choose them? • What will you do to ensure that the panels won't become shaded by another structure in the future? Subscribers will be compensated for their share of the Community Solar Garden system's output via a credit on their utility bill. The credit will be made on a dollar per kilowatt hour produced ($/kWh) basis for most utilities. Subscribers in Xcel Energy's service territory will be compensated at the Applicable Retail Rate (ARR) for the duration of their subscription, which may last up to 25 years. The ARR is calculated by Xcel Energy by dividing the previous year's revenues by sales for each customer class; the ARR will be updated every year. Subscribers should verify their service class (i.e., residential service, small general service, or general service*) prior to subscribing. The current ARRs plus renewable energy credit (REQ payments by Community Solar Garden size are listed below. Most operators make 2014 Xcel Energy Applicable Retail Rates + REC Payments ($/kWh) assumptions that the ARR will change over time when they estimate a subscriber's potential return on investment. The retail None (Applicable Retail Rate) 0.12033 rate trends over the past 20 to 25 years are a good rule of $0.02 (> 250 kW gardens) 0.14033 0.13783 thumb to ground truth these numbers. An assessment by Xcel $0.03 (5 250 kW gardens) 0.15033 0.14783 Energy indicates that the ARRs across all customer classes have increased an average of 2.6 to 2.9 percent per year since 1992. 0.11783 ' 0.09456 0.11456 0.12456 The Minnesota Public Utilities Commission has jurisdiction over Community Solar Garden rates for Xcel Energy and other investor-owned utilities. The Commission may change the community solar garden subscription rates for future projects, but community solar gardens forming under the current ARR structure will receive the ARRs in place at the time the solar energy is generated for the life of the community solar garden. RECs stands for Renewable Energy Credits, which represent the renewable attributes of solar and other renewable energy generation. Operators in Xcel Energy's Community Solar Garden program may elect to sell the RECs to the utility. In the case of Xcel Energy customers, the compensation will be paid directly to the subscriber based on the size of the garden as described in the table above. If the RECs are sold, subscribers cannot market themselves as "solar powered," as the green attributes for subscription are assigned to the owner of the RECs. This is consistent with Green -E best practices to avoid double counting (see link in More Resources section). * The General Service customer class is also referred to as the Demand -Metered cuRomer class. To participate in a project, a potential subscriber must purchase a subscription. There are two primary subscription models: pay upfront and pay-as-you-go. In a pay upfront model a subscriber purchases a subscription for a onetime fee that covers the life of the agreement. The subscriber reaps the subscription benefits (utility bill credits for energy produced) for the length of their subscription. In a pay-as-you-go model a subscriber pays in installments, which are often based on the Community Solar Garden's production attributed to their subscription. Whichever route you choose, you will not actually own solar panels, you will own a subscription for the solar energy system's production. Xcel Energy customers can subscribe to as little as 200 watts of solar capacity or up to 120% of their average annual energy use. Subscription Size and Price Questions • To participate, do I pay an upfront subscription fee, a monthly subscription fee, or a combination thereof? • What is the subscription price? Is it an up -front price or a monthly charge? Is the subscription price all inclusive, or are there additional administrative or maintenance fees that may be charged? • Approximately how much energy will the system produce, and what portion of my energy use might I expect my subscription to offset annually? Based on your subscription rates, what would it cost me to cover all of my electricity use? • What happens if my subscription's energy production exceeds my energy bill during the year? What happens if it exceeds 120% of my energy use? Who benefits from my subscription's excess production? Additional Subscription Terms Questions • What is the term of my subscription (i.e., how long does it last; under what conditions is there an exit penalty)? • What happens if I move, want to cancel, or die? How will my shares be transferred? Is it my responsibility to sell it to someone else? • How much will I be paid for my subscription at the time of transfer or cancellation? • What are the tax implications of my subscription? • What happens to my subscription if the operator goes out of business or sells the garden? • Describe the production and maintenance warranties included in the subscription agreement. • What happens if the operator is unable to maintain and operate the garden? What are my remedies as a subscriber? • What happens if the garden is perpetually under -producing? What are my remedies as a subscriber? 6 1 i I it �77'7 Pf 7 C =1 I L, I - =6 Community Solar Garden RFP — Key Points • What is your procurement process: Low bid, best value, trade off analysis, other • What are you purchasing: subscription — not construction — not commodity o This was most challenging. Lots of the procurement rules do not apply —you are buying a subscription. • Comparing apples to apples: chose one cost proposal method. o If you don't clarify how the rate structure should be proposed, you could get multiple models. Hennepin County is requiring a cost per kWh that is fixed over the life of the contract (set for 25 years). o Some proposals include an escalator based on Xcel market rate. o Suggestion — pick a single structure to work with to make the comparison easier. • Proposal information for submittal: o Subscription contract requirements. ■ Hennepin County has developed its own standard subscription agreement. ■ Developers must specify all deviations from Hennepin County's subscription agreement — makes it easier to evaluate the differences. o Developer and financial viability ■ Need to vet the developer— do they have the capability to pull this off? Can they fund and handle this much cash? Do they have the appropriate financial backing? o Long term production ■ Need to ensure the panels are decent, will be maintained, including an O&M program and what that looks like. o Project viability ■ Xcel estimating that only half of the proposed projects will be viable and actually get off the ground. o Timeline —application process ■ Where are they at with their application to Xcel? Have they even applied yet? Xcel is backed up, so advantageous to already be in line and moving to interconnection (which is one way to see if a project is viable). ■ Hennepin County is requiring them to give a copy of their application and where in the process they're at. o Evaluation of risks ■ What happens if a tornado destroys the system? ■ What about local approval at the host site? ■ What if the solar panels they've ordered are not available? ■ Need to ask them to provide all of this info upfront — helps to ensure the project will be viable. • Contractual requirements — even though this might not fall under traditional procurement requirements, it's still in the county's best interest to meet these criteria. 42 o Prevailing wages o Small business enterprise requirements o Affirmative action requirements • Additional proposal benefits: o Made in MN or USA o Location o Low income requirements o Other subscriber requirements ■ Could specify that X% of the garden is allocation to low-income subscribers, and your rate subsidizes some of their subscription costs. • Evaluation criteria o Needs to be well thought-out —if you receive 6 different proposals, how will you decide that one is better than another? o Hennepin has spelled out multiple rating scales to identify good, better, best. o Possible that you could get protest as to why one developer got picked over others. • Sample subscriber agreement o MNCerts Subscriber Agreement Checklist • List premise numbers and loads o How much load do you want to subscribe, and which accounts to allocate to that subscription? Can't be over 120% of any premise number. o Each premise will have a line item for each subscription. • Renewable Energy Credits o Even Can state that you're supporting a renewable energy portfolio for Xcel energy. 43 REQUEST FOR PROPOSALS FOR SOLAR FACILITIES DESIGN, BUILD, OPERATE AND MAINTAIN AGREEMENT Contract Number: 14P133 Issue Date: February 19, 2015 Proposals Due: April 3, 2015 at 3:00 PM Local Time Brian Cihacek RFP Administrator Metropolitan Council 390 N Robert St St Paul, MN 55101 Phone: (651) 602-1038 Fax: (651) 602-1083 brian.cihacek@metc.state.mn.us TTY: (651) 229-3760 METROPOLITAN C O U N C I L 44 Solar Facilities Design, Build, Operate and Maintain Agreement TABLE OF CONTENTS TABLEOF CONTENTS............................................................................................................. 2 INSTRUCTIONS FOR PREPARATION OF PROPOSALS......................................................... 3 1. REQUEST FOR PROPOSALS........................................................................................... 3 2. COUNCIL RIGHTS............................................................................................................. 3 3. PROJECT TIME FRAME.................................................................................................... 4 4. BACKGROUND.................................................................................................................. 4 5. RFP ADMINISTRATOR; PROPOSAL QUESTIONS; ADDENDA ........................................ 5 6. PROPOSAL FORMAT........................................................................................................ 6 7. SUBMISSIONS OF PROPOSALS...................................................................................... 6 8. ITEMS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL ..................................... 7 9. ITEMS TO BE SUBMITTED AFTER NOTIFACTION OF AWARD .......................................... 9 10. WITHDRAWAL OR MODIFICATION OF PROPOSALS ................................................... 9 11. PROPOSAL EVALUATION CRITERIA; CONTRACT AWARD........................................10 12. OTHER REQUIREMENTS..............................................................................................11 13. PROTESTS.....................................................................................................................11 14. DATA PRACTICES ACT..................................................................................................11 15. FORM OF CONTRACT...................................................................................................12 16. INCORPORATION OF AFFIRMATIVE ACTION REQUIREMENTS................................12 17. CERTIFICATE OF COMPLIANCE FOR PUBLIC CONTRACTS......................................12 18. SUBCONTRACTING.......................................................................................................13 19. INCORPORATION OF EQUAL PAY REQUIREMENTS..................................................14 20. EQUAL PAY CERTIFICATE OF COMPLIANCE FOR PUBLIC CONTRACTS.................14 LIST OF ATTACHMENTS TO PROPOSAL INSTRUCTIONS ................................................. 1 1. SCOPE OF WORK.......................................................................................................... 2 2. TECHNICAL SITE INFORMATION: ROOF -MOUNTED PV SYSTEMS. Error! Bookmark not defined. 3. TECHNICAL SITE INFORMATION: GROUND -MOUNTED PV SYSTEMS ..................... 1 4. SAMPLE AGREEMENTS................................................................................................ 1 5. PROTESTS FOR PROCUREMENT $25,000 AND OVER ............................................... 2 6. INDEMNIFICATION; INSURANCE REQUIREMENTS; PERFORMANCE AND PAYMENT BONDS.................................................................................................................................. 1 7. AFFIRMATIVE ACTION CERTIFICATION STATEMENT ................................................ 1 8. SUBCONTRACTOR INFORMATION FORM................................................................... 1 9. PERFORMANCE BOND FORM...................................................................................... 1 10. PAYMENT BOND FORM............................................................................................. 1 Contract Number 14P133 Table of Contents 2 45 Solar Facilities Design, Build, Operate and Maintain Agreement INSTRUCTIONS FOR PREPARATION OF PROPOSALS 1. REQUEST FOR PROPOSALS In this Request for Proposals (RFP), the Metropolitan Council (Council) is soliciting proposals for the following services: to design, finance, construct, install, maintain, own and operate solar photovoltaic (PV) facilities at one or more Council locations in order to sell to the Council the electricity output of these facilities through a Power Purchase Agreement or Community Solar Garden Subscription. The Council has identified 6 locations suitable for the installation and operation of a roof - mounted solar PV facility and 4 locations suitable for the installation and operation of a ground - mounted solar PV facility. These sites have a combined potential capacity of 15 megawatts (MW DC). Proposers may respond with proposals that incorporate 1) roof -mount and ground -mount locations, 2) roof -mount locations; 2) roof -mount locations and a subset of ground -mount locations; or 4) a subset of ground -mount locations. The Council may select more than one firm to provide these services. The specific services requested in this RFP are detailed in Attachment to the Proposal Instructions: Scope of Work. Failure to follow these instructions and requirements may result in the rejection or de -rating of your proposal. The Council is not responsible for any costs incurred by prospective proposers (Proposers) in the preparation and presentation of their proposals. 2. COUNCIL RIGHTS The Council reserves the right to cancel this RFP in writing or postpone the date and time for submitting proposals at any time prior to the proposal due date. No Proposer shall have a right to make a claim against the Council in the event the Council accepts a proposal or does not accept any or all proposals. The Council by this RFP does not promise to accept the lowest cost or any other proposal and specifically reserves the right to reject any or all proposals, to waive any or all informalities or irregularities in the proposals received, to investigate the qualifications and experience of any Proposer, to reject any provisions in any proposal, to modify RFP contents, to obtain new proposals, to negotiate the requested services and contract terms with any Proposer, or to proceed to do the work otherwise. The Council will evaluate Proposers for responsibility. The responsibility evaluation will be based on the criteria listed below (a — i). By submitting a proposal, the Proposer agrees to provide additional information, upon request, with respect to the listed criteria. If the proposer refuses to provide the information upon request, it may be disqualified from further consideration: (a) Financial resources adequate to perform the contract, or the ability to obtain them; (b) Ability to meet the required delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments; (c) A satisfactory performance record; Contract Number 14P133 Instructions for Preparation of Proposals 3 46 Solar Facilities Design, Build, Operate and Maintain Agreement (d) A satisfactory record of integrity and business ethics; (e) The necessary organization, experience, accounting, and operational controls, and technical skills, or the ability to obtain them; (f) Compliance with applicable licensing and tax laws and regulations; (g) The necessary production, construction, and technical equipment and facilities, or the ability to obtain them; (h) Compliance with Affirmative Action and Disadvantaged Business Program requirements; and (i) Other qualifications and eligibility criteria necessary to receive an award under applicable laws and regulations. 3. PROJECT TIME FRAME Project Milestone Issue Date Proposer Meet and Greet Pre -Proposal Meeting Site Visits Questions Due Proposal Due Date Award Date Tentative Completion Date February 19, 2015 March 5, 2015 March 5, 2015 March 9 and 10, 2015 March 13, 2015 April 7, 2015 at 3:00 PM May, 2015 A pre-bid will be held on March 5, 2015 at 390 North Robert Street, Saint Paul, MN 55106 from 8:00-10:00. Please check in at receptionist desk A proposer meet and greet will be held on March 5, 2015 at 390 North Robert Street, Saint Paul, MN 55106 from 10:00-11:00. Please check in at receptionist desk Sites visit will be conducted March 9 and 10, 2015. Specific information regarding site visits will be publish via addendum. Completion dates for the project milestones in this section are tentative only and are subject to modification by the Council. 4. BACKGROUND The Metropolitan Council is the regional agency of government for the Twin Cities metropolitan area. Centered on the cities of Minneapolis and Saint Paul, the area is made up of the seven counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. The metro area is home to 2.9 million people (2012) in 7 counties and 188 cities and townships, encompassing nearly 3,000 square miles. Created by the Minnesota Legislature in 1967, the Council fosters efficient and economic growth for a prosperous metropolitan region. The Council partners with local governments to coordinate the orderly development of the metro area, and provides innovative, efficient regional services that benefit from economies of scale. Contract Number 14P133 Instructions for Preparation of Proposals 4 47 Solar Facilities Design, Build, Operate and Maintain Agreement The Council's governing board has 17 members, appointed by the governor. Sixteen members represent geographic districts of roughly equal population across the region. The Council chair, the 17th member, serves at large. The Council's planning, investments, and services help provide the foundations for regional economic vitality. The Council partners with communities and the public in planning for the region's future growth It develops plans for regional transportation, wastewater and park systems that provide the framework for the comprehensive land use plans of local governments. The Council makes strategic investments in a growing network of bus and rail transit ways, and awards grants to support transit -oriented development to increase transportation choices, expand housing and living options, and foster economic activity. The Council also plans and funds acquisition and development of a world-class system of regional parks and trails. Metro Transit, an operating division of the Council, carries more than 80 million bus and rail passengers each year, and wins awards for innovation and energy efficiency. The Council collects and treats wastewater at rates 40% lower than those charged by peer regions, and regularly wins state and national awards for environmental achievements. Through its Metropolitan Housing and Redevelopment Authority, the Council provides affordable housing opportunities for low- and moderate -income individuals and families. The work of the Council is organized into four major divisions: • Metro Transit - Bus, light rail, and commuter rail development and operations. • Metropolitan Transportation Services - Regional transportation planning, Metro Mobility services, dial -a -ride transit, and contracted transit services. • Environmental Services - Wastewater treatment, water supply and water quality. • Community Development - Regional parks and natural resources, research and regional policy, local planning assistance, Livable Communities grant program, and Metropolitan Housing and Redevelopment Authority. This RFP is being issued for the Environmental Services Division of the Metropolitan Council The Metropolitan Council is the contracting body. 5. RFP ADMINISTRATOR; PROPOSAL QUESTIONS; ADDENDA The RFP Administrator for this Request for Proposals is: Name: Brian Cihacek Phone: (651) 602-1038 Fax: (651) 602-1083 E-mail: brian.cihacek@metc.state.mn.us TTY: (651) 229-3760 Contract Number 14P133 Instructions for Preparation of Proposals 5 48 Solar Facilities Design, Build, Operate and Maintain Agreement All questions regarding this RFP are to be directed only to the RFP Administrator. Proposers may be disqualified if any unsolicited contact related to this RFP is made with an employee or representative of the Council other than the RFP Administrator during the proposal process. If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the Scope of Work, or other RFP documents, or finds discrepancies in or omissions from the specifications, the person may submit to the RFP Administrator a written request for an interpretation or correction by March 26, 2015. Only written requests will be accepted. The person submitting the request will be responsible for its prompt delivery. Legible fax transmissions of written requests and e-mailed questions are acceptable. If the RFP Administrator elects to answer any questions, all RFP recipients will receive a written response. Any corrections or changes to this RFP will be made by written addendum only and will be distributed to all known recipients of the RFP document at the address provided by the recipient. 6. PROPOSAL FORMAT A. Proposals must be submitted on 8-1/2"x 11" size paper and should be typed. One 1 unbound original and 8 photocopies of the proposal are required. The Council encourages the use of recycled paper for proposals. B. All proposals must be clearly marked "Solar Facilities Design, Build, Operate and Maintain Agreement" as well as include the name and address of the Proposer. Acknowledgment of receipt, by number, of each RFP addendum, if any, must be included with the proposal. 7. SUBMISSIONS OF PROPOSALS All proposals must be addressed as follows: Brian Cihacek Metropolitan Council Proposal for "Solar Facilities Design, Build, Operate and Maintain Agreement" enclosed 390 N Robert St St Paul, MN 55101 Proposals must be physically delivered to the offices of the Council, at the above address by the date and time indicated in section 3. Proposals received after the specified time and date may not be considered, at the Council's discretion. If proposals are sent by U.S. mail or other delivery service, it is wholly the responsibility of the Proposer to ensure that the proposal package is properly addressed and physically delivered on time. The submission of a proposal shall constitute an acknowledgment upon which the Council may rely that the Proposer has thoroughly examined and is familiar with the RFP, the attachments (including the Scope of Work and the Sample Contract), the addenda (if any), and work sites as applicable, and has reviewed and inspected all applicable statutes, regulations, ordinances and resolutions dealing with or related to the services to be provided. The failure or neglect of a Proposer to do so shall in no way relieve the Proposer from any obligations with respect to the proposal or the contract issued as a result of this RFP. No claim for additional compensation will Contract Number 14P133 Instructions for Preparation of Proposals 6 49 Solar Facilities Design, Build, Operate and Maintain Agreement be allowed which is based upon a lack of knowledge of any aspect of the RFP, attachments (including the Scope of Work), addenda (if any), work sites, statutes, regulations, ordinances or resolutions. 8. ITEMS REQUIRED TO BE SUBMITTED WITH THE PROPOSAL Items listed in this section must accompany your proposal. If any required item is omitted, the proposal may be found non-responsive and will not receive further consideration. See the referenced sections for additional details on some requirements. Proposals containing any of the following items will be considered by the Council to be nonresponsive and will not be evaluated further: • A mandatory transfer of ownership of the facilities to the Council. • A mandatory acceptance of tax or REC risk by the Council. The Proposal Document shall include: 1) Executive Summary: A narrative, not to exceed three (3) pages, that includes: a) The name of the proposing firm or, in the case of a proposing team, the name of the prime proposer; b) The name, title, mailing address, phone number and email address of the individual who will serve as the prime proposer's representative for future communication regarding the proposal; c) A brief synopsis of the proposal and the proposer's relevant experience, capabilities, and project management approach; and, d) Any suggestions or special concerns about which the Council should be aware. 2) Table of Contents: A listing of the individual sections of the proposal and their corresponding pages numbers. 3) Team Information and Qualifications: A narrative, not to exceed four (4) pages, that provides the following information: a) The names(s) and address(es) of each participating firm, including major subcontractor(s); b) A description of the roles and responsibilities of each participating firm; c) An organizational chart illustrating the reporting lines and names, titles, firms and roles for key participants of the proposed team. d) For each key participant of the proposed team include a brief statement of his or her qualifications, work location and project responsibilities. A one half -page resume for each key participant may be included as an attachment at the end of the proposal. 4) Relevant Experience and Capabilities: A narrative, not to exceed four (4) pages, that provides the following: a) A discussion of the technical and professional capabilities and construction and project management experience that demonstrates each participating firm's ability to perform assigned responsibilities. b) A discussion of the proposed team's financial ability to successfully complete the proposed work; c) A list and description of five (5) similar projects completed by the prime contractor, in terms of project type, size, client type, and financing mechanism, projects completed by Contract Number 14P133 Instructions for Preparation of Proposals 7 50 Solar Facilities Design, Build, Operate and Maintain Agreement the prime proposer. Include customer name, project location, capacity (kW), financial agreement with customer; and contact name, title, phone number and email address. Indicate which, if any, of the proposed team members also participated in the project; and, d) If the proposal includes a ground -mount community solar garden site, a discussion of the proposed team's prior experience developing and managing community solar projects and participant agreements. 5) Project Plan: A narrative, not to exceed four (4) pages, describing the anticipated approach for completing the Scope of Work. This shall narrative shall include, but is not limited, to: a) Project Schedule: An anticipated project schedule describing major milestones that will be met by the proposer to complete the Scope of Work. Note task dependencies and responsible party(ies). Milestone dates should be referenced in the number of days from the Notice to Proceed. b) Project Financing: A description of the proposer's anticipated financing strategy and explanation of the benefits of this strategy to the Council. c) Terms and Conditions: A discussion of proposed deviations from the Council's sample Agreements d) Communication: A description of the proposer's strategy for communicating work progress, changes in project status and all other relevant information to the Council and other agencies, parties and stakeholders involved in the project. e) Proiect management: A description of the project and construction management, document control, and project administration approaches. Include a discussion of the risk management mechanisms and escalation processes that will ensure the successful completion of each project element. 6) System Technical Description: For each proposed solar PV system, provide a narrative that includes: a) Proposed System Overview: General considerations, PV cell technology, mounting approach, rated kWp DC capacity, the total area required for the system, and any distinguishing characteristics that add to the financial and environmental sustainability of the system; b) Proposed Equipment: The equipment and technologies proposed and a discussion of why these choices were selected as the optimal choice. Discussion should including but is not limited to: PV modules, mounting system, inverters, meters, monitoring and data acquisition systems, and security and safety features. Comment on the availability, supply and quality of proposed equipment; c) Warranties and Guarantees: A summary of system performance warranties and guarantees; d) System Performance: A table showing the net capacity factor (i.e. net generation (AC kWh) T rated system capacity (DC kWh) = 8,760) and expected annual electricity output (AC kWh) of the proposed system over a 25 -year period. A description of the modeling tool and methodology used to calculate these estimates including the assumptions used for: i) System losses (e.g. DC -to -AC conversion efficiency, wiring losses, soiling, etc.) ii) Site irradiance and weather data Contract Number 1413133 Instructions for Preparation of Proposals 8 51 Solar Facilities Design, Build, Operate and Maintain Agreement Panel azimuth and tilt iv) Module performance degradation over time e) Operation and maintenance requirements: The operation and maintenance activities required on a periodic basis. Include a discussion of expected equipment performance and replacement cycles over a twenty-five year period; Conceptual Layout: Drawing(s) or illustration(s) of the proposed system showing the configuration and arrangement of the proposed system. 7) Price Proposal: A narrative, not to exceed four (4) pages, that provides the following: a) Price Proposal: A table, for each proposed solar PV system, showing: i) The site name and location; The type of solar system proposed; that is, a behind the meter (connected to Council load) system or a community solar garden (connected to NSP/Xcel lines). The nameplate DC and expected AC capacity of the solar system for the power proposed to be sold or subscribed to the Council. iv) The estimate of the annual energy to be sold to the Council in kWh in the first full year and year 25. v) The proposed "all -in" price(s), denominated in 2015 U.S. dollars per AC kWh ($/kWh) of AC power delivered, for the Council to purchase electricity from the PV system through a power purchase agreement or Community Solar Garden Subscription Agreement over the 25 year term. The price may be fixed for the entire term of the agreement, or escalated annually. The percentage rate of any proposed annual price escalator for a 25 year service term must be firm (that is, specified for each year; or escalated by a fixed percent each year- not by an index). In no event will the Council consider a proposal that includes any price for a year less than any prior years' price; and vi) An estimate of the cost to the Council to purchase the system at the end of the 25 year service term, and any interim purchase offers included vii) Describe the assumptions for ownership of the RECs in the pricing and the all -in price impact to the proposed price, if the Council retained were to acquire the REC ownership. viii) Describe any contingencies or options that you may pursue to make the pricing more attractive for the Council (such as grants, additions of small wind, etc.) Contract Number 14P133 Instructions for Preparation of Proposals 9 52 Solar Facilities Design, Build, Operate and Maintain Agreement g) Proposer Certifications (may be included in signed cover letter): a) If the amount of the proposal exceeds $100,000, either: 1) a currently -effective Affirmative Action Certificate of Compliance, or 2) Affirmative Action Certification Statement (section 17). b) If the amount of the proposal exceeds $500,000, either: 1) a currently effective Equal Pay Certificate of Compliance, or, 2) Equal Pay Certification Statement (section 20). c) Subcontractor Information Form (section 18) 9. ITEMS TO BE SUBMITTED AFTER NOTIFACTION OF AWARD • Completion Bond (or similar instrument satisfactory to Council). • Certificates of Insurance 10. WITHDRAWAL OR MODIFICATION OF PROPOSALS Each proposal shall constitute a binding, irrevocable offer for a period of 120 days after the date the proposals are due. Proposals which have been submitted to the Council may be withdrawn by the Proposer only if a written withdrawal request is physically received by the RFP Administrator in person, by mail, or by facsimile prior to the time proposals are due. Proposals which are timely withdrawn shall be returned to the Proposer unopened. A Proposer may submit a modified proposal prior to the time proposals are due. A modified proposal must be physically received by the RFP Administrator prior to the time proposals are due. If a modified proposal is timely submitted, the Council shall deem a previous proposal submitted by the Proposer to have been withdrawn and the previous proposal shall be returned to the Proposer unopened. Contract Number 14P133 Instructions for Preparation of Proposals 53 10 Solar Facilities Design, Build, Operate and Maintain Agreement 11. PROPOSAL EVALUATION CRITERIA; CONTRACT AWARD Proposals will be evaluated by an Evaluation Panel to assess the Proposer's likelihood of successfully accomplishing the prospective project. The Evaluation Panel will consider all the material submitted by the Proposer and other information the Evaluation Panel may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type including, without limitation, additional information the Evaluation Panel may request, interviews or oral presentations. Proposals will be evaluated on the basis of the following criteria. The Evaluation Panel will consider the trade-off between the financial benefit to the Council and the other evaluation criteria in determining the proposal which is most advantageous to the Council. Ranking Evaluation Criteria 1 The quality of the proposal including, without limitation, its completeness in addressing the requirements of this RFP and Scope of Work, the work plan and schedule submitted as a part of the proposal, and demonstrated grasp of the work required for this project. 2 The quality of product including high energy yield, cell efficiency, low light response, and derate factors will be considered. 3 The qualifications of the proposer including, without limitation, general qualifications, specialized qualifications and professional competence in areas directly related to this RFP, and successful completion of similar projects. 4 The experience of the proposer on similar projects with the Council or with others including, without limitation, any references provided by the Proposer. Financial benefit to the Council will be approximately equal in importance to a combination of all other criteria shown above. The financial benefit to the Council will be based on the anticipated Net Present Value of the Council's cost savings realized from purchasing electricity from the proposed system(s) instead of from the Council's distribution utility over a 25 -year period. The Evaluation Panel will review, analyze, and evaluate all proposals based on the Evaluation Criteria. If required by Council procedures, the Evaluation Panel will determine and recommend to the Council through the appropriate committee which proposal, in its opinion, represents the most advantageous offer to the Council. The committee will review the findings and recommendations of the Evaluation Panel, and forward them along with any of its own comments, findings and recommendations to the Council for action. The Council may make its own findings and determinations. Contract Number 14P133 Instructions for Preparation of Proposals 11 54 Solar Facilities Design, Build, Operate and Maintain Agreement A determination will be made as to which proposal, if any, is most advantageous to the Council, by considering the evaluations of the proposals, the best value to the Council, and the best interests of the Council. If a proposal is accepted and award is authorized, in accordance with the Council's policies and procedures, a contract for the work will be executed. Until authorization of the award and execution of the contract, the Council has no obligation for the cost associated with any work performed. 12. OTHER REQUIREMENTS A. Bond Requirements. The proposer to whom the Agreement is awarded shall provide, at the proposer's expense, a completion bond executed by a surety company duly authorized to do business in Minnesota. Bonds shall be in the form attached to the Power Purchase Agreement (see Section 15.9 Bond Requirements and Exhibit D).The completion bond shall be renewed annually without interruption, in the amount of $500,000 and shall be provided as security for property clean up and removal of the System. Bonds must be provided prior to the issuance of a Purchase Order or Notice to Proceed under a Agreement. Bonds shall be executed by such sureties as named in the current list of "Companies Holding Certificate of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operation, U.S. Treasury Department. Bonds signed by an agent shall be accompanied by a certified copy of such agent's authority to act. If the surety of any bond furnished by the successful proposer is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota, the successful proposer shall, within ten days thereafter, substitute another bond and surety, both of which must be acceptable to the Council. 13. PROTESTS Proposers who wish to file a protest regarding the RFP process shall conform in all respects to the Council's Protest Procedure. (See Attachment to the Proposal Instructions: Protests for Procurements $25,000 and Over.) All protests must be addressed to the RFP Administrator at the address indicated in section 5. 14. DATA PRACTICES ACT The Minnesota Government Data Practices Act provides that the names of proposers are public once the proposals are opened. With the exception of trade secret information as defined in Minnesota Statutes, section 13.37, all other information submitted by a Proposer in response to this RFP becomes public at the times specified in the act and is then available to any person upon request. Trade secret information is defined in section 13.37 as data, including a formula, Contract Number 14P133 Instructions for Preparation of Proposals 12 55 Solar Facilities Design, Build, Operate and Maintain Agreement pattern, compilation, program, device, method, technique, or process, (1) that was supplied by the Proposer; (2) that is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Any information in its response to this RFP for which the Proposer claims protection as trade secret information in accordance with the above provisions must be limited and set apart in the RFP response on separate pages, with a heading that identifies the information as trade secret information. The Council will make the ultimate determination whether the information meets the applicable definition. Any information submitted in response to this RFP which does not meet the legal definition will be considered public information, regardless of the Proposer's identification of it as trade secret information. Proposers are advised that blanket -type identification by designating whole pages or sections as containing trade secret information will not assure protection --- the specific information for which the Proposer claims trade secret protection must be clearly identified as such. Submitted proposals shall not be copyrighted. A statement by the Proposer that submitted information is copyrighted or otherwise protected does not prevent public access to the information contained in the RFP response. 15. FORM OF CONTRACT A copy of the contract documents are attached to this RFP as Attachment to the Proposal Instructions: Contract Documents. These documents outline various legal and administrative duties and responsibilities assumed by persons or organizations contracting with the Council. The successful Proposer will be expected to execute this contract. 16. INCORPORATION OF AFFIRMATIVE ACTION REQUIREMENTS If a contract based upon this RFP or any modification of the contract exceeds a value of $100,000, the provisions of Minnesota Statutes, section 473.144, and Minnesota Rules, parts 5000.3400 to 5000.3600 will be incorporated into said contract or modification. The referenced provisions relate to contractor requirements for affirmative action plans for minority individuals, women, and disabled individuals. Copies of the referenced provisions are available upon request from the RFP Administrator. Copies may also be accessed at the following internet web sites: • Minnesota Statutes, section 473.144: www.revisor.leg.state.mn.us/stats/473/144.htmI • Minnesota Rules, parts 5000.3400 -.3600: www.revisor.leg.state.mn.us/arule/5000/ 17. CERTIFICATE OF COMPLIANCE FOR PUBLIC CONTRACTS The provisions of this section 17 apply only if the amount of the proposal exceeds $100,000. Under the provisions of Minnesota Statutes section 473.144, the Council may not accept a bid or proposal for over $100,000 from any business having more than forty (40) full-time employees in Minnesota on a single working day during the previous twelve (12) months, unless that business has submitted an affirmative action plan to the Minnesota Commissioner of Human Rights for approval. The Council may not execute a contract for over $100,000 with any business having more than forty (40) full-time employees in Minnesota on a single working day Contract Number 1413133 Instructions for Preparation of Proposals 13 56 Solar Facilities Design, Build, Operate and Maintain Agreement during the previous twelve (12) months, unless that business has an approved affirmative action plan, evidenced by a Certificate of Compliance from the Minnesota Department of Human Rights. A certificate is valid for 2 years. In addition, for any business which did not have more than forty (40) full-time employees in Minnesota, but which had more than forty (40) full-time employees on a single working day during the previous twelve (12) months in the state in which it has its primary place of business, the Council may not execute a contract with such a business unless the business has an approved affirmative action plan, evidenced by a Certificate of Compliance from the Minnesota Department of Human Rights, or the business certifies to the Council that the business is in compliance with federal affirmative action requirements. To ensure compliance with this statute, Proposers must submit with their proposal EITHER: A. a copy of the Proposer's currently effective affirmative action Certificate of Compliance issued by the Minnesota Department of Human Rights; OR B. an Affirmative Action Certification Statement (see Attachment to the Proposal Instructions: Affirmative Action Certification Statement) with information which indicates that the Council can accept the Proposer's proposal. Failure to submit one of these documents along with the proposal may result in the proposal being rejected and returned to the Proposer without further consideration. Proposers are advised that the Council may verify representations made by a Proposer in any Affirmative Action Certification Statement which is submitted. If a Proposer submits an Affirmative Action Plan for approval of the Minnesota Commissioner of Human Rights in order to qualify for acceptance of its proposal by the Council and becomes the selected vendor, the Council will not execute the contract for services until the Proposer has actually been issued a Certificate of Compliance from the Minnesota Department of Human Rights. The Council is under no obligation to delay the award and execution of a contract until a Proposer has completed the human rights certification process. It is the sole responsibility of a Proposer to apply for and obtain a human rights certificate prior to contract award and execution. 18. SUBCONTRACTING Proposers may subcontract for functions to fulfill the obligations of their proposal. All Proposers MUST complete and include the attached Subcontractor Information Form with their proposal, even if no subcontractors are proposed to be used on this project. If the required Subcontractor Information Form is not submitted, the proposal may be found to be non-responsive and will not receive further consideration. Proposers must indicate on the form either: A. that no subcontractors will be used on this project; or B. the name, address, and telephone number of a) each subcontractor proposed to be used on the project AND b) each subcontractor who submitted a bid or quote for the project but was not selected by the Proposer. Proposers must also complete and execute the certification on page two of the form. (See Attachment to the Proposal Instructions: Subcontractor Information Form.) Contract Number 14P133 Instructions for Preparation of Proposals 14 57 Solar Facilities Design, Build, Operate and Maintain Agreement 19. INCORPORATION OF EQUAL PAY REQUIREMENTS If a contract based upon this RFP or any modification of the contract exceeds a value of $500,000, the provisions of Minnesota Statutes chapter 363A.44, section 6 will be incorporated into said contract or modification. The referenced provisions relate to contractor requirements for equal pay certification. Copies of the referenced provisions are available upon request from the RFP Administrator. Copies may also be accessed at the following internet web site: Minnesota Statutes chapter 363A.44: www.revisor.leg.state.mn.us/stats/363A/44.htmI 20. EQUAL PAY CERTIFICATE OF COMPLIANCE FOR PUBLIC CONTRACTS The provisions of this section 23 apply only if the amount of the proposal exceeds $500,000. Under the provisions of Minnesota Statutes chapter 363A.44, the Council may not accept a bid or proposal for over $500,000 from any business having more than forty (40) full-time employees in Minnesota or in the state where the business has its primary place of business on a single working day during the previous twelve (12) months from the due date of this solicitation, unless that business has an equal pay certificate or it has certified in writing that it is exempt. The Council may not execute a contract for over $500,000 with any business having more than forty (40) full-time employees in Minnesota or in the state where the business has its primary place of business on a single working day during the previous twelve (12) months from the due date of this solicitation, unless that business has an equal pay certificate, evidenced by a Certificate of Equal Pay. A certificate is valid for 4 years. To ensure compliance with this statute, Proposers must submit with their proposal EITHER: 1. a copy of the Proposer's currently effective Equal Pay Certificate of Compliance issued by the Minnesota Department of Human Rights; OR 2. An Equal Pay Certification Statement (see Attachment to the Proposal Instructions: Equal Pay Certification Statement) with information which indicates that the Council can accept the Proposer's proposal. Failure to submit one of these documents along with the proposal may result in the proposal being rejected and returned to the Proposer without further consideration. Proposers are advised that the Council may verify representations made by a Proposer in any Equal Pay Certification Statement which is submitted. If a Proposer submits an Equal Pay verification for approval of the Minnesota Commissioner of Human Rights in order to qualify for acceptance of its proposal by the Council and becomes the selected vendor, the Council will not execute the contract for services until the Proposer has actually been issued an Equal Pay Certificate from the Minnesota Department of Human Rights. The Council is under no obligation to delay the award and execution of a contract until a Proposer has obtained an Equal Pay Certificate. It is the sole responsibility of a Proposer to apply for and obtain an Equal Pay Certificate prior to contract award and execution. Contract Number 14P133 Instructions for Preparation of Proposals 15 58 Solar Facilities Design, Build, Operate and Maintain Agreement LIST OF ATTACHMENTS TO PROPOSAL INSTRUCTIONS Attachment Number Title Section Reference 1 Scope of Work 1 2 Technical Site Descriptions: Roof -mounted PV systems 8 3 Technical Site Descriptions: Ground -mounted PV systems 8 4 Sample Agreements 15 5 Protests for Procurement $25,000 and Over 13 6 Affirmative Action Certification Statement 17 7 Equal Pay Certification Statement 20 8 Subcontractor Information Form 19 Contract Number 14P133 List of Attachments to Proposal Instructions 1 59 Solar Facilities Design, Build, Operate and Maintain Agreement 1. SCOPE OF WORK (See Proposal Instructions, section 1, for further information) Contract Number: 14P133 Project Name: Solar Facilities Design, Build, Operate and Maintain Agreement 1. Introduction The Metropolitan Council is soliciting proposals for a Public -Private Partnership to construct up to 15MW AC of solar power at up to ten (10) different Council facilities. The selected proposer(s) shall design, finance, construct, and commission a complete and operable solar PV system(s) at the location(s) specified in the approved proposal. The selected proposer will own, monitor, operate and maintain the systems after installation. The selected proposer(s) shall provide all labor, materials, equipment and services necessary to complete the scope of work. The selected proposer(s) shall negotiate and execute a Power Purchase Agreement or Community Solar Garden Subscription Agreement and sell the electricity generated by the system to the Council, pursuant to the terms of the applicable agreement. Proposers may respond with proposals that incorporate 1) roof -mount and ground -mount locations, 2) roof -mount locations; 2) roof -mount locations and a subset of ground -mount locations; or 4) a subset of ground -mount locations. The Council may select one or more than proposer to provide these services. 2. Sites The Council has identified ten (10) sites for the installation and operation of solar PV systems. The Council has grouped these locations into three categories based on installation type. The three categories include: a. Roof -mount, behind the meter solar PV systems: In these instances, the proposer will sell all electricity generated on the site to the Council under a Power Purchase Agreement (PPA) for use in the daily operations at the site. No electricity storage is anticipated. b. Ground -mount, behind the meter solar PV systems: In these instances, the proposer will sell all electricity generated on the site to the Council under a Power Purchase Agreement (PPA) for use in the daily operations at the site. No electricity storage is anticipated. c. Ground -mount, Community Solar Garden solar PV systems: In these instances, the proposer will construct and act as the owner of the Community Solar Garden and enter into a subscription agreement (CSGA) with Council. The discussion below describes the general characteristics of the sites in each category including their location, estimated generating capacity, available installation footprint, and the Council's desired business approach. Additional information about the conditions at each site, are described in the site technical section. Contract Number 1413133 Attachment to Proposal Instructions: Scope of Work 2 60 Solar Facilities Design, Build, Operate and Maintain Agreement While the Council has conducted site surveys and other due diligence, the Council makes no representation with respect to the accuracy or completeness of any of the information provided regarding the sites. Proposers take sole and full responsibility for conducting any necessary due diligence and assessing the sites and their conditions in developing their proposals. Such assessment of the sites and their conditions shall be performed by the proposers at its own cost. a. Roof -mount, behind -the -meter PV Systems The Council has identified six (6) sites suitable for the installation and operation of roof -mounted behind the meter solar PV systems: Roof -mount, behind the meter The roof -mount, behind -the -meter locations selected for this RFP are located at different transit bus and light rail operations and maintenance facilities. These sites are characterized in the site technical section. Solar PV systems at these locations shall interconnect to the location's existing electrical systems. The selected proposer for these locations shall negotiate and execute a Power Purchase Agreement and Facility License Agreement with the Council. Contract Number 1413133 Attachment to Proposal Instructions: Scope of Work 3 61 Estimated Approximate Site Location Solar Available Business Capacity Footprint Approach (sq ft Heywood Garage 5706 th Ave N, 640 82,270 PPA Minneapolis, MN 55411 South Garage 2100 MTC Rd, 442 54,602 PPA Minneapolis, MN 55450 Nicollet Garage 10 West 32 nd St., 396 51,297 PPA Minneapolis, MN 55408 Minneapolis Light Rail 1810 East Franklin Operations and Ave., Minneapolis, MN 347 16,124 PPA Maintenance Center 55404 515 North Cleveland Overhaul Base Ave., St. Paul, MN 332 42,995 PPA 55114 East Metro Transit 800 Mississippi St., St. 711 91,993 PPA FacilityPaul, MN 55101 The roof -mount, behind -the -meter locations selected for this RFP are located at different transit bus and light rail operations and maintenance facilities. These sites are characterized in the site technical section. Solar PV systems at these locations shall interconnect to the location's existing electrical systems. The selected proposer for these locations shall negotiate and execute a Power Purchase Agreement and Facility License Agreement with the Council. Contract Number 1413133 Attachment to Proposal Instructions: Scope of Work 3 61 Solar Facilities Design, Build, Operate and Maintain Agreement The Council will select one proposer for the locations in this category. a. Ground -mount, behind -the -meter PV Systems The Council has identified two (2) sites suitable for the installation and operation of ground - mounted behind the meter solar PV systems: Ground -mount behind the meter Estimated Estimated Approximate Business Site Location Solar Available Area Capacity Capacity Acres)Approach Empire Wastewater Empire Wastewater 2540 West 197 th St., 11000 5 PPA Plant Farmin ton, MN 55024 Woodbury Lift Station Regional Maintenance 3566 Kennebec Dr., 318 1.6 PPA Facility Eagan, MN, 55024 6 CSGA Plant Ash Landfill These ground -mount, behind the meter sites are located at wastewater treatment plants. These sites are characterized in the site technical section. Solar PV systems at these locations shall interconnect to the location's existing electrical systems. The selected proposer for these locations shall negotiate and execute a Power Purchase Agreement and Facility Lease Agreement with the Council. The Council may select more than one proposer for the locations in this grouping. Proposers may bid on one or more of the locations in this category. b. Ground -mount, Community Solar Garden PV Systems The Council has identified three (3) sites suitable for the installation and operation a ground - mounted Community Solar Garden solar PV systems: Ground -mount, Communit Solar Garden Estimated Approximate Business Site Location Solar Available Area Approach Capacity Acres Empire Wastewater 2540 West 197 th St., 8,400 42 CSGA Plant Farmingon, MN 55024 Woodbury Lift Station 800 4 CSGA Seneca Wastewater 3566 Kennebec Dr., 900 6 CSGA Plant Ash Landfill Eagan, MN, 55024 These ground -mount Community Solar Garden sites are located at wastewater treatment plants and a sanitary sewer lift station. These sites are characterized in the site technical section. The solar PV systems at these locations shall interconnect directly with Xcel Energy distribution system. Contract Number 14P133 Attachment to Proposal Instructions: Scope of Work 4 62 Solar Facilities Design, Build, Operate and Maintain Agreement The selected proposer(s) for these locations shall negotiate and execute a Community Solar Garden Subscription Agreement and Facility Lease Agreement with the Council. The Council may select more than one proposer for the locations in this category. Proposers may bid on one or more of the locations in this category. 3. Business Approach a. Power Purchase Agreement Where the successful proposer(s) is awarded a contract to install and operate a solar PV system that interconnects with the location's existing electrical system (i.e. behind -the -meter), the proposer and the Council will negotiate and execute a license or lease agreement and a Power Purchase Agreement. (See Sample License Agreement (roof -mounted systems), Sample Lease Agreement (ground -mounted systems), and Power Purchase Agreement included in this RFP.) The Council expects that the PPA will be for a 25 -year term with options to mutually extend the agreement and with options allowing the Council to purchase the solar PV systems at fair market value. The PPA shall also include an option requiring the selected proposer(s) to remove the solar PV system before the end of the PPA term, with compensation, should the Council determine that alternative uses for the land become a greater public interest. At the end of the PPA term, should the Council choose not to purchase the solar PV system, the selected proposer(s) shall remove the solar system and return the project site to its pre-existing condition at no cost or expense to the Council. The prices established in the PPA will not be subject to adjustment during the term of the PPA, other than any agreed upon escalation. The selected proposer(s) shall be responsible for any changes to project costs including but limited to, changes in federal, state, and utility financial incentives not achieved or received. While it is presumed that the successful proposer(s) desires to retain the renewable energy and emission reductions credits associated with the project, the Council is interested in proposals that transfer those credits to the Council or retires those credits on behalf of the Council. b. Community Solar Garden Subscription Agreement Where the successful proposer(s) is awarded a contract to install and operate a solar PV System that interconnects directly with Xcel's distribution system (i.e. a Community Solar Garden), the proposer shall negotiate and execute a Community Solar specific Lease Agreement and a Community Solar Garden Agreement Subscription Agreement with the Council. (See Sample Community Solar Lease Agreement and Community Solar Garden Terms and Conditions included in this RFP). The Community Solar Garden Subscription Agreement shall conform with the Councils' internal Community Solar Garden's procedure. This procedure requires the successful proposer(s) to Contract Number 1413133 Attachment to Proposal Instructions: Scope of Work 5 63 Solar Facilities Design, Build, Operate and Maintain Agreement offer Community Solar Garden subscriptions in substantially the following order and manner and the same rate to all subscribers: First, to the Council division that manages the host site property, up to a 40% subscription space in the Community Solar Garden; Second, to other Council divisions, up to a 40% subscription space in the Community Solar Garden; Third, to the city and county government in whose jurisdiction the site is located, in the amount of the remaining available capacity divided by the number of remaining subscribers needed to reach the statutory minimum number of subscribers. Fourth, to other city governments materially served by the Council facility, as determined by the Council, an amount equal to the remaining capacity available in proportion to the population, as determined by the Council, of the eligible cities. If all eligible cities do not subscribe, those that do will be offered to increase their subscription. Fifth, to other eligible governmental entities or parties, as approved by the Council, in an equitable and transparent manner, as approved by the Council. The Council expects that the term of the Community Solar Garden Subscription Agreement will be a 25 -year term with options to mutually extend the agreement. There shall also include an option requiring the selected proposer(s) to remove the solar PV system before the end of the term, with compensation, should the Council determine that alternative uses for the land become a greater public interest. At the end of the term the selected proposer(s) shall remove the solar system and return the project site to its pre-existing condition at no cost or expense to the Council. The prices established in the Community Solar Garden Subscription Agreement will not be subject to adjustment during the term of the Community Solar Garden Subscription Agreement, other than any agreed upon escalation. The selected proposer(s) shall be responsible for any changes to project costs including but limited to, changes in federal, state, and utility financial incentives not achieved or received. 4. Technical Requirements a. System design and engineering The selected proposer shall design the system to optimize the cost-effective generation of electricity as determined from avoided utility electric costs at the facility, taking into consideration site conditions including but not limited to, existing electrical demand and load patterns, visual aesthetics, Council business operations, and building structural systems. Contract Number 14P133 Attachment to Proposal Instructions: Scope of Work 6 64 Solar Facilities Design, Build, Operate and Maintain Agreement The solar PV system shall conform to industry best practice; meet the requirements of any utility rules, standards and interconnection agreements; and meet all applicable national, state, and local electrical, building and safety codes. All equipment components must be UL certified. The solar PV system shall meet any additional specifications provided in the technical sections. The selected proposer(s) shall provide design documents, including but not limited to one -line diagrams and construction plans, to fully communicate and obtain Council approval of the design and its basis. The selected proposer(s) shall provide these design documents to the Council's Project Manager prior to proceeding with applications for permits, material procurement, and installation. The Council reserves the right to request modifications and add requirements during the design review process to ensure compatibility with building electrical systems, building structural systems, and Council business operations. The selected proposer(s) shall be responsible for all design, engineering, permitting and bonding costs including but limited to: engineering studies and reports, building and construction permits, environmental testing, studies and permits, land use permits, performance and closure bonds, insurance. b. Installation The selected proposer(s) shall supply all equipment, materials and labor necessary to install the solar PV system and where appropriate integrate them with the existing building electrical system, complying with Council engineering specifications. The selected proposer(s) shall secure all necessary and required permits, approvals and utility interconnection agreements. No portion of the work shall commence without the appropriate approval or authorization. The selected proposer(s) shall provide regular and periodic written progress reports and updates relating the status the system installation. The selected proposer(s) shall be responsible for safeguarding Council assets and is responsible for any damage sustained during the installation process and the remainder of the agreement. The selected proposer(s) shall be responsible for all costs related to the construction and installation of the solar PV system including but limited to: site clearance and preparation, tree removal, foundations, duct banks, racks, panels, inverters, wiring, meters, and security features. The selected proposer(s) racking system for roof mounted systems shall have a sacrificial layer included following the racking systems manufacturers recommendation and the roofing manufacturers recommendation between racking/ballast and roof. Screws, wiring, and any other material that could puncture the roof shall be cleaned up daily. c. Interconnection The selected proposer(s) shall supply all required materials and equipment and perform all work required to interconnect the solar PV system to the transmission and distribution system. The Contract Number 14P133 Attachment to Proposal Instructions: Scope of Work 7 65 Solar Facilities Design, Build, Operate and Maintain Agreement selected proposer will complete all application, study, and testing necessary to complete the interconnection process. The selected proposer(s) shall provide regular and periodic written progress reports and updates relating the status the system interconnection. The Council reserves the right to review, comment on and request modifications on how the solar PV system interconnects to the site's distribution system. The selected proposer(s) shall be responsible for all costs associated with utility interconnection including but not limited to: interconnection studies, required system improvements, d. Commissioning and Acceptance Testing The selected proposer(s) shall provide services related to the start-up and testing of each system in accordance with accepted industry standards and utility agreements. The selected proposer(s) shall notify the Council of the selected commissioning and testing procedures prior to startup. The Council reserves the right to review, comment on and request modifications to the commissioning and testing procedures. The selected proposer(s) shall notify the Council of the scheduled startup date, so that Council staff may observe and verify the systems' performance. The selected proposer(s) shall be responsible for all costs related to the start-up, testing and commissioning of the solar PV system. e. Monitoring and reporting The selected proposer(s) shall provide remote data acquisition and monitoring equipment for each system that will allow the Council to monitor, analyze and display historical and live solar electricity data via a web -based interface. The regularly collected data should include, but not be limited to: Instantaneous electricity generation (kW); accumulated electricity production (kWh DC); accumulated net electricity production (kWh AC); and solar irradiance at the site (kW/m2). The selected proposer(s) shall be responsible for all costs related to system monitoring and reporting including but limited to: Web -based performance monitoring f. Operations and Maintenance The selected proposer(s) shall be responsible for all scheduled and non-scheduled maintenance and repair of the PV system. The selected proposer(s) shall be responsible for all costs related to system operations and maintenance including but limited to: insurance, cleaning and changing angle of panels; calibration of revenue meter, equipment replacement, and flood protection. Contract Number 14P133 Attachment to Proposal Instructions: Scope of Work 8 66 Community Solar Garden RFP — Key Points • What is your procurement process: low bid, best value, trade off analysis, other • What are you purchasing: subscription — not construction — not commodity • Comparing apples to apples: chose one cost proposal method • Proposal information for submittal: o Subscription contract requirements o Developer and financial viability o Long term production o Project viability o Timeline —application process o Evaluation of risks • Contractual requirements: o Prevailing wages o Small business enterprise requirements o Affirmative action requirements • Additional proposal benefits: o Made in MN or USA o Location o Low income requirements o Other subscriber requirements • Evaluation criteria • Sample subscriber agreement o MNCerts Subscriber Agreement Checklist • List premise numbers and loads • Renewable Energy Credits 67 DRAFT MODEL ROOFTOP SOLAR LEASE SOLAR ENERGY FACILITY ROOFTOP LEASE AGREEMENT BY AND BETWEEN AS LANDLORD, AND AS TENANT DATED [ , 2015] 4849-7712-9248.3 68 DRAFT MODEL ROOFTOP SOLAR LEASE Table of Contents BACKGROUNDRECITALS.....................................................................................................................1 I. GRANT OF ROOFTOP LEASE............................................................................................................. l 1.1 DEFINITIONS...................................................................................................................1 1.2 LEASE TO USE AND ACCESS TO ROOFTOP.............................................................1 1.3 EQUIPMENT SPACE....................................................................................................... 2 1.4 TERM OF ROOFTOP LEASE..........................................................................................2 1.5 FEES PAID FOR ROOFTOP LEASE...............................................................................2 1.6 RESPONSIBILITIES OF TENANT..................................................................................2 1.7 RESPONSIBILITIES OF LANDLORD............................................................................3 II. GENERAL COVENANTS....................................................................................................................4 2.1 USE OF ELECTRICAL SERVICES BY TENANT.........................................................4 2.2 CONSTRUCTION, ALTERATION AND MAINTENANCE..........................................4 2.3 LAWS AND REGULATIONS..........................................................................................4 2.4 BUILDING RULES...........................................................................................................5 2.5 ENTRY BY LANDLORD.................................................................................................5 2.6 ASSIGNMENT, SUBLETTING AND TRANSFERS BY AGREEMENT ......................5 2.7 CONSENT TO MORTGAGE..........................................................................................5 2.8 INSURANCE..................................................................................................................... 6 2.9 INDEMNITY..................................................................................................................... 7 2.10 WAIVER OF SUBROGATION RIGHTS.........................................................................7 2.11 CASUALTY DAMAGE....................................................................................................7 2.12 CONDEMNATION...........................................................................................................8 2.13 DAMAGES FROM CERTAIN CAUSES......................................................................... 8 2.14 EVENTS OF DEFAULT/REMEDIES..............................................................................8 2.15 SUBORDINATION TO MORTGAGE.............................................................................9 111. MISCELLANEOUS............................................................................................................................10 3.1 ATTORNEYS' FEES.......................................................................................................10 3.2 NO IMPLIED WAIVER..................................................................................................10 3.3 PERSONAL LIABILITY................................................................................................10 3.4 NOTICE...........................................................................................................................10 3.5 SEVERABILITY .............................................................................................................11 3.6 RECORDATION.............................................................................................................11 4849-7712-9248.3 69 DRAFT MODEL ROOFTOP SOLAR LEASE 3.7 GOVERNING LAW........................................................................................................11 3.8 TIME OF PERFORMANCE...........................................................................................11 3.9 TRANSFERS BY LANDLORD.....................................................................................11 3.10 COMMISSIONS..............................................................................................................11 3.11 TAXES............................................................................................................................11 3.12 REGULATORY AUTHORITY......................................................................................12 3.13 INDEPENDENT CONTRACTOR..................................................................................12 3.Error! Bookmark not defined. 3.15 FORCE MAJEURE.........................................................................................................12 3.16 OWNERSHIP OF EQUIPMENT....................................................................................12 3.17 ENTIRE AGREEMENT..................................................................................................12 Appendix 1 Solar Equipment 4849-7712-9248.3 70 DRAFT MODEL ROOFTOP SOLAR LEASE SOLAR ENERGY FACILITY ROOFTOP LEASE AGREEMENT THIS ROOFTOP LEASE AGREEMENT (sometimes referred to alternatively as "Lease" or "Agreement"), is made and entered into as of the day of (the "Effective Date"), between INC. ("Landlord"), and a corporation ("Tenant"). BACKGROUND RECITALS A. Tenant desires to obtain a lease in order to install and operate solar (photovoltaic) equipment in and on the rooftop of the Building; and B. Landlord is willing to grant the above referenced non-exclusive lease to Tenant subject to certain terms and conditions NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: I. GRANT OF ROOFTOP LEASE 1.1 DEFINITIONS In addition to terms defined in this Lease, the following terms set forth below will be defined as follows: 1.1.1 `Building" will mean that certain building located at , currently known as 1.1.2 "E4uipment Space" will mean not more than [XX] equipment rack spaces located in the rooftop mechanical room. 1.1.3 "Rooftop' will mean the applicable portions of the roof of the Building designated by Landlord as the space for the Solar Equipment. 1.1.4 "Solar Equipment" will mean Tenant's solar generation facility and related equipment including wiring, cabling and other accessories used therewith for installation, operation and maintenance on the Rooftop [and in the Equipment Space] and described on Appendix 1, attached hereto and made a part hereof. 1.2 LEASE TO USE AND ACCESS TO ROOFTOP 1.2.1 Subject to the terms and conditions contained in this Lease, Landlord hereby grants to Tenant and Tenant agrees to accept the non-exclusive, as to other non -solar uses, right to use the Rooftop for the installation, operation and maintenance, at Tenant's sole cost and expense, of the Solar Equipment. Throughout the Term of the Lease, as described below, Landlord hereby grants Tenant an easement through the Building, including all elevators, stairways or other access points of egress and ingress for purposes of accessing the Rooftop for the purpose described herein and pursuant to the terms and conditions of Section 1.7 below. 1 4849-7712-9248.3 71 DRAFT MODEL ROOFTOP SOLAR LEASE 1.2.2 Tenant acknowledges that it has inspected the Rooftop, that Landlord has made no representations or warranties respecting the condition thereof or otherwise or its suitability for Tenant's use, and that, except as may be expressly provided to the contrary in this Lease, Landlord has no obligation or duty to make any alterations, improvements, or repairs in and to the Rooftop to make same ready for Tenant's use and occupancy and Tenant takes and accepts the Rooftop in its present "as is" condition. 1.3 EQUIPMENT SPACE Landlord acknowledges that Tenant will be installing equipment in the Equipment Space and that the installation, maintenance and use of the Equipment Space will be at Tenant's sole expense and is subject to the terms of this Lease. 1.4 TERM OF ROOFTOP LEASE This Lease will commence on the Effective Date and will terminate on the date that is (_) [months/years] from the Effective Date (the "Term"). Upon termination of this Lease, Tenant will at its own cost remove all Solar Equipment and repair any damage to the Building. Tenant will surrender the Rooftop to Landlord in good condition and repair (subject to ordinary wear and tear). If Tenant is in default of this Lease, then Landlord can prohibit the removal of any of the Solar Equipment, in its sole discretion, until the default is cured. 1.5 FEES PAID FOR ROOFTOP LEASE Tenant agrees to pay Landlord a fee for this Lease, without notice, setoff or demand, of and no/100ths Dollars ($_) per month [year], pro rata for any partial month [year] to the extent that the Term commences or terminates on a day other than the first or last day of the month [year], respectively (the "Lease Fee"). Such payments will be due on the Effective Date and on the first day of each succeeding calendar month [year] of the Term of the Lease and will be made by United States Mail, postage prepaid, to the address of Landlord set forth in Paragraph 2.19. [Automatic Deposit?] 1.6 RESPONSIBILITIES OF TENANT 1.6.1 Plans and Specs of Solar Equipment. Tenant at Tenant's sole expense will design, procure and install the Solar Equipment in accordance with its plans and specifications, which plans and specifications Tenant will share with Landlord. Tenant is responsible for all costs associated with the Lease, including the costs of operating and maintaining the Solar Equipment. 1.6.2 Use and Maintenance. This Lease is limited to allowing Tenant only to install, maintain and operate the Solar Equipment on the Rooftop in the location or locations described in Appendix 1. Tenant agrees not to use or permit the use of the Rooftop for any purpose which is illegal, dangerous to life, limb or property or which, in Landlord's reasonable opinion, creates a nuisance or which would increase the cost of insurance coverage with respect to the Building. In particular, no environmentally hazardous materials will either be used or stored in or around the Rooftop and no such materials will be used in any of the Solar Equipment installed by Tenant on the Rooftop. Tenant will not permit unauthorized person or persons with insufficient expertise or experience to access the Equipment Space or maintain or operate the Solar Equipment. Tenant and Landlord understand that the Equipment Space must be kept locked and secure at all times. 2 4849-7712-9248.3 72 DRAFT MODEL ROOFTOP SOLAR LEASE Tenant acknowledges that interruptions in utility services and power surges are not uncommon in facilities such as the Building. Tenant acknowledges that all Solar Equipment in the Building is the sole responsibility of Tenant and that the use and operation of such Solar Equipment is at Tenant's sole risk. 1.6.3 Care and Maintenance by Tenant. Tenant agrees not to commit any waste or allow any waste to be committed within or on any portion of the Rooftop and will not injure the Rooftop or Building but will maintain the Rooftop in a clean condition and in good repair, except as to damage to be repaired by Landlord, as provided herein. Tenant will remove all excess cable, tools and equipment and will keep all areas neat and clean at all times. At the termination of this Lease, Tenant agrees to deliver up the Rooftop to Landlord in as good condition as at the date of the commencement of the term of this Lease, ordinary wear and tear excepted. 1.6.4 Site Technical Standards. Tenant agrees that the installation, operation and maintenance of its Solar Equipment will at all times, and at Tenant's sole cost and expense, comply with such technical standards for the Rooftop as may from time to time be established by Landlord in Landlord's reasonable discretion, including, without limitation, technical standards relating to structural engineering, and city construction permits (the "Site Technical Standards"). 1.6.5 Removal of Solar Equipment. Tenant will remove its Solar Equipment within ten (10) business days after the termination of this Lease provided Tenant repairs any damage to the Building (including the Rooftop) caused thereby, excluding ordinary wear and tear. [To assure that Tenant will remove its Solar Equipment and will effect such repairs, Landlord may require Tenant to deposit in escrow cash in the amount it reasonably estimates will be incurred to remove Solar Equipment and to affect such repairs.] Tenant will not be permitted to remove any moveable Solar Equipment or other personal property or equipment from the Rooftop at any time, including at the end of the Term or any renewal thereof or other sooner termination of this Lease, if Tenant is then in default under this Lease. If Tenant does not remove its Solar Equipment (to the extent such is entitled to be removed) on or prior to the expiration or termination of this Lease without the written consent of Landlord to maintain the Solar Equipment at the Rooftop, Tenant's Solar Equipment will be conclusively deemed to be abandoned (after Landlord has given Tenant twenty (20) business days written notice of such expiration or termination) and will become Landlord's property and Landlord may remove and/or dispose of such Solar Equipment as Landlord sees fit, all at Tenant's cost and expense. In connection therewith, provided Tenant is not in default hereunder, Landlord agrees that if Tenant requests permission to maintain its Solar Equipment on the Rooftop after the termination of this Lease, Landlord will not unreasonably withhold its consent thereto, but in no event will Tenant be permitted to maintain its Solar Equipment on the Rooftop for more than forty-five (45) days after the termination of this Lease. Such consent will be deemed to be reasonably withheld if such space is relet to a third party or if the marketing of such space is inhibited by the presence of the Solar Equipment. 1.7 RESPONSIBILITIES OF LANDLORD 1.7.1 Rights of Access and Provision of Space and Facilities. Landlord will provide employees or agents of Tenant rights of ingress and egress in those portions of the Building controlled by Landlord and Landlord will provide Tenant with access to and use of the Rooftop and Equipment Space consistent with the requirements of the installation, operation, maintenance, and service of the Solar Equipment; provided, however, such rights of ingress and egress will be consistent with (i) the terms and conditions 4849-7712-9248.3 73 DRAFT MODEL ROOFTOP SOLAR LEASE of any leases between Landlord and tenants; and (ii) rules and regulations reasonably promulgated from time to time by Landlord regarding such rights of ingress and egress. 1.7.2 Non -Interference. Tenant will have the sole and exclusive right to install and operate solar energy generating equipment on the Rooftop. In no event during the Term will Landlord construct, build or locate, or allow others to construct, build, or locate any equipment or facilities (solar or otherwise) that would interfere with the Solar Equipment or otherwise engage in, or allow others to engage in activity, that might impede the Solar Equipment's access to the sun or decrease the output or efficiency of the Solar Equipment. H. GENERAL COVENANTS 2.1 USE OF ELECTRICAL SERVICES BY TENANT Landlord will furnish Tenant electrical facilities to provide sufficient power for Tenant's Solar Equipment; provided, however, that Tenant will be responsible for (i) the cost of installing such facilities, (ii) the cost of the installation of any separate meters required by Tenant, and (iii) the sums charged Landlord by the applicable utility for such service as reflected by such meter. Temporary interruption in the power provided by such facilities will not render Landlord liable in any respect for damages to either person or property nor relieve Tenant from fulfillment of any covenant or agreement hereof. If any of Tenant's Solar Equipment fails because of a loss of electrical power, Landlord will use reasonable diligence to restore electrical power promptly, but Tenant will have no claim for damages on account of any interruption in electrical service occasioned thereby or resulting therefrom. 2.2 CONSTRUCTION, ALTERATION AND MAINTENANCE In addition to and not in limitation of any provision herein concerning construction, alterations, installation and maintenance of any equipment installed herewith, Tenant will comply and, to the extent applicable, the contractors or subcontractors of Tenant will comply with the provisions of Appendix R-3, attached hereto, together with such other rules and regulations promulgated from time to time by Landlord. 2.3 LAWS AND REGULATIONS Tenant agrees to comply with all applicable laws, ordinances, rules, and regulations of any governmental entity or agency having jurisdiction with respect to the Lease and/or the Building. Tenant warrants that the equipment installed in conjunction with this Lease will comply with manufacturers' specifications, such specifications to comply with all federal, state and local rules and regulations. Tenant will, at Tenant's sole cost, take all measures necessary to ensure that such equipment is within manufacturers' specifications and that all equipment strictly complies with all laws, rules, regulations, ordinances and codes, whether now or hereafter existing, of all federal, state and local governmental authorities and that the equipment strictly complies with all contractual obligations to which Tenant is bound in connection with such equipment and as applicable to the Solar Equipment or similar facilities. Tenant will use best efforts and take all measures necessary to ensure that the Solar Equipment installed by Tenant does not interfere with or disturb the operation of any other equipment or business of Landlord or of any other tenant, or occupant of the Building. In the event of such interference or disturbance to an existing tenant, occupant, Tenant will make such necessary adjustment to its equipment to correct such interference or disturbance. 4 4849-7712-9248.3 74 DRAFT MODEL ROOFTOP SOLAR LEASE Nothing herein will be deemed to limit Tenant's obligations or Landlord's rights under Article 1.7.5 above. In addition to all indemnifications provided by this Lease, Tenant expressly warrants to indemnify and hold Landlord harmless, with counsel acceptable to Landlord, against any claim, cause of action, damage, liability of any type or nature arising from a claim by any party arising under this section. [Discuss] 2.4 BUILDING RULES Tenant will comply with the rules and regulations of the Building as adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so, provided such rules: (i) do not unreasonably and materially interfere with Tenant's conduct of its business; and (ii) do not require payment of additional moneys. All changes to such rules will be sent by Landlord to Tenant in writing. 2.5 ENTRY BY LANDLORD Tenant agrees to permit Landlord or its employees, agents or representatives to inspect any portion of the Solar Equipment installed in or on the Building by Tenant at all reasonable hours (and in emergencies at all times) to inspect the same, to clean or make repairs, alterations or additions to the Equipment Space or to the Building, and Tenant will not be entitled to any abatement or reduction of Lease Fees by reason thereof. However, Landlord will not be obligated to change or delay its intended entry into these areas for this purpose and Tenant agrees to make any such representative available, if at all, on the schedule desired by Landlord. 2.6 ASSIGNMENT, SUBLETTING AND TRANSFERS BY AGREEMENT 2.6.1 Tenant may assign this Lease or its rights hereunder to (a) any corporation, company or other entity which is controlled by, or is under common control with, Tenant, (b) any partnership in which Tenant has a controlling interest or (c) any entity which has purchased all or substantially all the assets of Tenant or the Solar Equipment [*discuss*]. In the case of any assignment, the assignee will be deemed to have assumed, without releasing Tenant, all obligations under this Lease. Any other assignment by Tenant of this Lease or the rights hereunder will be subject to the prior written consent of Landlord, which consent will not be unreasonably withheld. No assignment, whether or not with Landlord's consent, will ever relieve Tenant of any liability hereunder. [*discuss*] 2.7 CONSENT TO MORTGAGE 2.7.1 Consent. Tenant may from time to time, without the prior written consent of Landlord, encumber Tenant's interest in this Lease by mortgage, deed of trust or other real or personal property security instrument (a "Mortgage"), provided that any Mortgage and all rights acquired under it will be subject to each and all of the covenants, conditions and restrictions stated in this Lease and to all rights and interests of Landlord, and that any Mortgagee will assume each and every obligation of Tenant upon foreclosure. Tenant will promptly upon the execution of any Mortgage deliver a true copy thereof to Landlord. Nothing contained in such Mortgages will release or be deemed to relieve Tenant from full and faithful observance and performance of the terms, covenants and conditions herein contained to be observed and performed by Tenant or from any liability for the non -observance or non-performance of any of the terms and conditions hereof, nor be deemed to constitute a waiver of any rights of Landlord hereunder, except as expressly provided for herein. Such mortgage or other security interest will encumber only Tenant's leasehold interest, and will not encumber the fee simple interest of the Landlord in any way. 4849-7712-9248.3 75 DRAFT MODEL ROOFTOP SOLAR LEASE 2.7.2 Statement by Landlord. At the request of Tenant or a Mortgagee, Landlord (a) will execute, acknowledge and deliver to such Tenant or Mortgagee a written statement declaring: (i) either that the Lease is unmodified and in full force and effect, or the manner in which the Lease had been modified and whether the Lease as so modified is in full force and effect; (ii) the dates to which Tenant's monetary obligations hereunder have been paid in advance; (iii) whether Tenant is or is not then in default hereunder; and (iv) whether any past defaults have been fully cured and (b) enter into an estoppel and consent agreement recognizing the rights of the Mortgagees as may be reasonably requested by Mortgagees. 2.8 INSURANCE 2.8.1 Insurance Policies. Prior to the commencement of any work in, on or about the Building and during the term of this Lease, Tenant will obtain and maintain the following insurance, at its own expense, in amounts not less than those specified below: A. Workers Compensation insurance in accordance with the laws of the State of XXXXXXXXXX, but not less than [$500,000]. B. Employer's liability insurance in an amount not less than [$500,000]. C. Commercial General Liability for bodily injury liability and property damage liability with limits of [$5,000,000] combined single limit each occurrence, and including but not limited to Comprehensive Form, Premises - Operation, Explosion Collapse, Underground Hazard, Products/Completed Operations Hazard (2 years extension beyond completion of the Project), Blanket Contractual Coverage (including coverage for the Indemnity Clauses provided under this contract), Broad form Property Damage, Independent Contractors, Personal Injury (employees exclusion deleted). D. Comprehensive Automobile Liability covering owned, hired and non -owned vehicles with limits of $1,000,000 combined single limit each occurrence. E. Excess liability (Umbrella insurance with limits of [$2,000,000]). [*discuss*] F. Builder's Risk insurance. 2.8.2 Policy Terms. The above insurances will, without liability on the part of Landlord for premiums thereof include the following: A. Endorsement as Additional Named Insureds of Landlord and its partners, directors, officers, agents and representatives, and affiliates as designated from time -to -time by Landlord. All other indemnity obligations as set forth in this Lease. B. Thirty (30) days prior notice of cancellation to each certificate holder. The carrying of the insurance described herein will in no way be interpreted as relieving Tenant of any responsibility or liability under this Lease. 4849-7712-9248.3 76 DRAFT MODEL ROOFTOP SOLAR LEASE 2.8.3 Certificates of Insurance. Tenant will before the Effective Date of this Lease and during the term hereof file certificates with Landlord showing existence of such insurance, which insurance will be subject to Landlord's approval as to the adequacy of protection and compliance with this Lease and the satisfactory character of the insurer. Such insurance will be placed with reputable insurance companies Leased to do business in the State of [XXX]. 2.8.4 Contractors and Subcontractors. Should Tenant engage a contractor or subcontractor, the same conditions applicable to Tenant under this Lease apply to each contractor or subcontractor, including but in no way limited to the indemnity and insurance clauses. 2.9 INDEMNITY Except for the gross negligence, willful misconduct or default under this Lease by Landlord, its employees or agents, Tenant hereby agrees to protect, defend, and hold harmless Landlord and its agents and their respective officers, employees, agents, directors, shareholders and assigns, from and against all loss, claims and expense, including without limitation any loss or damage attributable in whole or in part to Tenant or its employees, servants, agents or contractors, because of damage to, loss or destruction of property, including loss of use thereof, and/or because of bodily injury, sickness or disease, or death sustained by any person, including workmen's occupational disease arising directly or indirectly from Tenant's activities under the Lease, arising directly or indirectly from the Solar Equipment, or the use and occupancy by Tenant of the Rooftop, or any breach of this Lease. 2.10 CASUALTY DAMAGE If the Solar Equipment or any part thereof will be damaged by fire or other casualty, Tenant will give prompt written notice thereof to Landlord. In case the Building will be damaged such that alteration or reconstruction of the Building, in Landlord's sole opinion, is required (whether or not any equipment or property of Tenant will have been damaged by such casualty) or in the event any mortgagee of Landlord's should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not elect to terminate this Lease, Landlord will commence and proceed with reasonable diligence to restore the Building shell, excluding any of the Solar Equipment (which will be Tenant's sole responsibility to restore at its sole cost and expense) in accordance with the terms of the Lease; except that Landlord's obligation to restore will not require Landlord to spend for such work an amount in excess of the insurance proceeds actually received by Landlord as a result of the casualty. When the repairs described in the preceding sentence have been completed by Landlord, Tenant will then complete the restoration of all improvements in excess of such improvements installed by Landlord which are necessary to permit Tenant's resumption of operations pursuant to the Tenant's final working drawings and specifications ("Improvement Restoration"). Construction of the Improvement Restoration will be completed within two (2) months after Landlord first notifies Tenant that the improvements to be completed by Landlord have been substantially completed. All cost and expense of completing the Improvements Restoration will be borne by Tenant. Landlord will not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof except that the Lease Fee will abate from the date of the damage through the period of restoration. 4849-7712-9248.3 77 DRAFT MODEL ROOFTOP SOLAR LEASE 2.11 CONDEMNATION If the whole or substantially the whole of the Building should be taken for any public or quasi -public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Lease will terminate as of the date when physical possession of the Building is taken by the condemning authority. If less than the whole or substantially the whole of the Building is thus taken or sold, Landlord (whether or not Tenant's equipment or property are affected thereby) may terminate this Lease by giving written notice thereof to Tenant; in which event this Lease will terminate as of the date when physical possession of such portion of the Building is taken by the condemning authority. If less than the whole of the Building is taken and the portion so taken materially interferes or prohibits Tenant from providing its services, then Tenant may terminate this Lease upon notice to Landlord received no later than thirty (30) days after the taking. If this Lease is not so terminated upon any such taking or sale, Landlord will, to the extent Landlord deems feasible, restore the Building to substantially its former condition, but such work will not exceed the scope of the work done by Landlord in originally constructing the Building and installing shell improvements in the Building, nor will Landlord in any event be required to spend for such work an amount in excess of the amount received by Landlord as compensation for such taking. All amounts awarded upon a taking of any part or all of the Property or Building will belong to Landlord, and Tenant will not be entitled to and expressly waives all claims to any such compensation. 2.12 DAMAGES FROM CERTAIN CAUSES Notwithstanding any provision herein, neither party will be liable to the other for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority. 2.13 EVENTS OF DEFAULT/REMEDIES [add interference by Landlord of access to sun] 2.13.1 The following events will be deemed to be events of default by Tenant under this Lease: (i) Tenant fails to pay any Lease Fees or other sum of money when due hereunder and such failure continues for a period of ten (10) business days after receipt of written notice from Landlord of such failure; (ii) Tenant and/or Landlord fails to comply with its respective obligations under any provision of this Lease, and such failure continues for a period of thirty (30) days after written notice of such default is delivered to the defaulting party, provided, however, if such condition cannot reasonably be cured within such thirty (30) day period, it instead will be an event of default if the defaulting party fails to commence to cure such condition within such thirty (30) day period and/or thereafter fails to prosecute such action diligently and continuously to completion within ninety (90) days of the date of the notice of default; (iii) the Lease hereunder granted will be taken on execution or other process of law in any action against Tenant; (iv) Tenant ceases to do business or abandon any rights granted under the Lease; (v) Tenant becomes insolvent or unable to pay its debts as they become due, or Tenant notifies Landlord that it anticipates either condition; (vi) Tenant takes any action to, or notifies Landlord that Tenant intends to file a petition under any section or chapter of the United States Bankruptcy Code, as amended from time to time, or under any similar law or statute of the United States or any State thereof; or (vii) a receiver or trustee will be appointed for Tenant's Lease interest in this Lease or for all or a substantial part of the assets of Tenant. 2.13.2 Upon the occurrence of any event or events of default by Tenant, whether enumerated in Paragraph 2.13.1 or not, Landlord will have the option to pursue any remedies available to it at law or in equity without any additional notices to Tenant or demand for possession. Landlord's remedies will include but not be limited to the following: (i) terminate this Lease and take possession of the Solar Equipment; (ii) terminate electrical power to the Solar Equipment; and (iii) exercise all other remedies 4849-7712-9248.3 78 DRAFT MODEL ROOFTOP SOLAR LEASE available to Landlord at law or in equity, including, without limitation, injunctive relief of all varieties, and termination rights. Upon the occurrence of any event or events of default by Landlord, whether enumerated in Paragraph 2.13.1 or not, Tenant may exercise all remedies available to it at law or in equity, including, without limitation, injunctive relief of all varieties, and termination rights 2.13.3 Each party will be in default hereunder in the event the defaulting party has not begun and pursued with reasonable diligence the cure of any failure to comply with its respective obligations under any provision of this Lease within thirty (30) days of the receipt by the other of written notice of the alleged failure to perform. In no event will either party have the right to terminate or rescind this Lease as a result of the alleged default as to any covenant or agreement contained in this Lease. In addition, Tenant hereby covenants that, prior to the exercise of any such remedies, it will give the mortgagees holding mortgages on the Building notice and a reasonable time to cure any default by Landlord. Tenant hereby agrees that in no event will Tenant's right to recover its actual damages from Landlord hereunder exceed a sum equal to the aggregate sum of [twenty-four (24)] months of Lease Fees paid Landlord hereunder to Tenant (using the twenty-four months immediately preceding any default). If [twenty-four (24) months] have not elapsed then the maximum amount of damages will be equal to the product of twelve multiplied by the average monthly fees paid to date. Tenant acknowledges that the limitation of actions and damages is material consideration for Landlord entering into this Lease. 2.14.4 Notwithstanding the provisions of Paragraph 2.13.2 above, an event of default by Tenant which has resulted from mandated compliance by Tenant with applicable laws, rules or regulations of any federal, state or other local governmental authority will be waived by Landlord; however Tenant agrees to use all reasonable efforts to comply with the terms hereof consistent with such laws, rules or regulations. 2.15 SUBORDINATION TO MORTGAGE Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Building and/or the Property and to any renewals, modifications, consolidations, refinancing, and extensions thereof, but Tenant agrees that any such mortgagee will have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Rooftop or the Building and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request, provided Tenant's use and quiet enjoyment of the Rooftop and Equipment Space will not be materially disturbed, so long as Tenant has signed the subordination agreements discussed herein and is not in default hereunder beyond any applicable cure period. In the event that Tenant should fail to execute any subordination or other agreement required by this paragraph within fourteen (14) days after receipt of the document from Landlord as requested, Tenant hereby irrevocably agrees that any mortgagee or holder of deed of trust, their successors or assigns, will have the right to terminate this Lease upon written notice to Tenant, upon the foreclosure of such mortgagee or holder's interest in the Building. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord will request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which Lease Fees and other charges payable under this Lease have paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord will reasonably require. 9 4849-7712-9248.3 79 III. MISCELLANEOUS 3.1 ATTORNEYS' FEES DRAFT MODEL ROOFTOP SOLAR LEASE In the event of a dispute hereunder, the non -prevailing party will pay the reasonable attorneys' fees and costs of the prevailing party. 3.2 NO IMPLIED WAIVER The failure of either party to insist at any time upon the strict performance of any covenant or agreement herein or to exercise any option, right, power or remedy contained in this Lease will not be construed as a waiver or a relinquishment thereof for the future. 3.3 PERSONAL LIABILITY In no event will either party be liable to the other for (a) any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Building or of any third parties or (b) any consequential, special or incidental damages. 3.4 NOTICE All notices, demands, requests, or other communications which are required to be given, served, or sent by one party to the other pursuant to this Lease will be in writing, and will be mailed, postage pre -paid, by registered or certified mail, or by a reliable overnight courier service with delivery verification, addressed as follows: If to Landlord to: and If to Tenant to: Each notice, demand, request, or communication which is mailed or delivered in the manner described above will be deemed sufficiently given, served, sent or received for all purposes at such time as it is delivered to the addressee first named above for each party (with the return receipt of verification of delivery being deemed conclusive evidence of such notice), or at such time as delivery is refused by addressee upon presentation. Either party may designate by notice in writing a new address and/or individual to which any notice, demand, request or communication made thereafter will be so given, served or sent. 10 4849-7712-9248.3 80 DRAFT MODEL ROOFTOP SOLAR LEASE 3.5 SEVERABILITY If any term or provision of this Lease, or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of this Lease will be valid and enforced to the fullest extent permitted by law. 3.6 RECORDATION Tenant will have the right to record a Memorandum of Lease for purposes of memorializing its rights to the Rooftop; provided Tenant will be responsible for filing and recording a termination of the memorandum within thirty (30) days prior to the expiration of this Lease. 3.7 GOVERNING LAW This Lease and the rights and obligations of the parties hereto will be interpreted, construed, and enforced in accordance with the laws of the State of XXXXXXXX. The parties acknowledge that any court of competent jurisdiction will apply principles and rules of law as they apply to Leases and not leases, and in the event that any provision contained herein is deemed to create a lease versus a Lease such provision will be deemed severable from the remainder of this Lease. 3.8 TIME OF PERFORMANCE Except as expressly otherwise herein provided, with respect to all required acts of Tenant, time is of the essence of this Lease. 3.9 TRANSFERS BY LANDLORD Landlord will have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in the Building, and in such event and upon such transfer Landlord will be released from any further obligations hereunder, and Tenant agrees to look solely to such successor in interest of Landlord for the performance of such obligations, provided, however, such successor in interest expressly accepts such obligations in writing. 3.10 COMMISSIONS Tenant hereby indemnifies and holds Landlord harmless against any loss, claim, expense or liability with respect to any commissions or brokerage fees claimed on account of the execution and/or renewal of this Lease any action of Tenant. 3.11 TAXES Tenant will be responsible for collecting and remitting all applicable federal, state and local taxes attributable to the ownership and operation of any equipment installed pursuant to this Lease, provided, however, that Tenant will not be responsible for any taxes imposed on the income of the Landlord derived from the Building or otherwise. 11 4849-7712-9248.3 81 DRAFT MODEL ROOFTOP SOLAR LEASE 3.12 REGULATORY AUTHORITY Tenant will use reasonable business efforts to secure any permits, Leases, regulatory approvals and authorizations from federal, state and local governments ("Permits") required currently or in the future for the provision of any services and exercise of any of its rights under the Lease, and Tenant's right and obligations hereunder will be subject to receipt and maintenance of all necessary Permits. Tenant will promptly inform Landlord of (i) any legal or regulatory development of which Tenant becomes aware that would prohibit or render all or any portion of the any Leased service commercially unfeasible or (ii) revocation of or failure to obtain any Permits. 3.13 INDEPENDENT CONTRACTOR Tenant will at all times act in its own capacity and right as an independent contractor. Tenant will have no right to make purchases, or to obligate Landlord to expend any funds or to perform any obligations other than as provided in this Lease or as may be authorized in writing by Landlord. Tenant agrees that it and any of its employees or agents will at all times present and represent itself or themselves as representatives of Tenant. 3.14 FORCE MAJEURE Except with respect to Tenant's payment obligations under this Lease, if the performance by a party to this Lease of any nonmonetary obligation hereunder is interfered with by reason of any circumstances without the fault or negligence, or beyond the reasonable control, of either party, including fire, explosion, power failure, acts of God, war, revolution, civil commotion, or acts of public enemies, any law, order, regulation, ordinance, requirement, acts of, or failures to act by, any government or any legal body or representative of any such government, labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts, embargo, delay of a common carrier, or any act of any tenant or tenant's agents, or any other cause beyond such party's control, then the party affected will be excused from such performance on a day-to-day basis to the extent of such interference (and the other party will likewise be excused from performance of its obligations on a day-to-day basis to the extent such other party's obligations relate to the performance so interfered with), provided that the affected party will use reasonable efforts to remove such causes of non-performance. 3.16 OWNERSHIP OF EQUIPMENT Landowner will have no ownership or other interest in any Solar Equipment installed on the Building. The manner of operation of the Solar Equipment, including but not limited to decisions on when to conduct maintenance, is within the sole discretion of Tenant, subject to Landlord's reasonable rules and regulations as it relates to access to the Rooftop. Tenant will, in good faith, work to coordinate all construction and maintenance (emergency repairs excepted) of the Solar Equipment with Landlord so as to not unreasonably interfere with Landlord's use of the Property. 3.17 ENTIRE AGREEMENT This Lease embodies the entire agreement between the parties hereto with relation to the transaction contemplated hereby, and there have been and are no covenants, agreements, representations, warranties or restrictions between the parties hereto with regard thereto other than those specifically set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of this day of 12 4849-7712-9248.3 82 LANDLORD: By: Name: Title: TENANT: By: Name: Title: 4849-7712-9248.3 13 DRAFT MODEL ROOFTOP SOLAR LEASE 83 DRAFT MODEL ROOFTOP SOLAR LEASE Appendix 1 SOLAR EQUIPMENT 4849-7712-9248.3 84 #4" PUBLIC HOUSING AGENCY November 4, 2014 REQUEST FOR PROPOSALS FURNISHING A COMMUNITY SOLAR GARDF,N SUBSCRIPTION AGREEMENT FOR PHA HI -RISES, COMMUNITY CENTERS & CENTRAL ADMINISTRATIVE OFFICE BUILDING CONTRACT NO. 15-086 INTRODUCTION The Public Housing Agency of the City of Saint Paul (PHA) is seeking proposals to enter into a subscription agreement for solar generated electricity with a qualified Solar Garden developer. The agreement will include the PHA's 16 hi -rise apartment buildings, 3 family community centers and Central Administration Office (see information below): 1. PHA Hi -Rise Apartment buildings: A. Mt. Airy hi -rise, 200 East Arch Street, 153 apartments B. Central hi -rise, 554 West Central Street, 144 apartments C. Valley hi -rise, 261 East University Avenue, 159 apartments D. Neill hi -rise, 325 Laurel Avenue, 104 apartments E. Dunedin hi -rise, 469 Ada Street, 143 apartments F. Cleveland hi -rise, 899 South Cleveland Avenue, 144 apartments G. Iowa hi -rise, 1.743 East Iowa Avenue, 148 apartments H. Wilson hi -rise, 1300 Wilson Street, 187 apartments 1. Front hi -rise, 727 Front Avenue, 151 apartments J. Ravoux hi -rise, 280 Ravoux Street, 220 apartments K. Wabasha hi -rise, 545 North Wabasba Street, 71 apartments L. Montreal hi -rise, 1085 Montreal Street, 185 apartments M. Exchange hi -rise, 10 West Exchange Street, 194 apartments N. Edgerton hi -rise, 1000 Edgerton Street, 221 apartments O. Hamline hi -rise, 777 North Hamline Avenue, 186 apartments P. Sea[ hi -rise, 825 Scal Street, 144 apartments See attached Ili -Rise Elech-ic Consumptiar Slzeel for• past tx+o years. 2. PHA Community Centers: A. McDonough Community Center, 1544 Timberlake Road B. Roosevelt Community Center, 1575 Ames Avenue C. Mt. Airy Community Center, 91 East Arch Street 3, PHA Central Administrative Office Building, W. A. Boss Building, 555 North Wabasha Street A pre proposal » teethtg will be held on November 12, 2014 at 2:00 PAI in the Maintenance Contracts Department OfJ7ce, 261 E. Unlversiq, Avenue, Sohn' Pani. Maintenance Contracts 261 E. University Avenue • Saint Paul, Minnesota 55130 651-292-6606 • Fax 651-292-6607 85 Q Request for Proposals - Contract No. 15-086 Furnishing A Community Solar Garden Subscription Agreement Page 2 of 3 SUBMITTALS At proposal submittal: Each proposer must submit the following infonnation no later than 4:00 Pill on A'ovenrber 20, 2014, at the Maintenance Contracts Department Offlce, 261.x;. University Avenue, Saint Paet. A. Provide a description of your company's background, organizational structure, company financial and credit rating, and philosophy. A statement about how your firm plans to conduct the work and your approach to furnishing a solar garden subscription agreement. Relevant background information for all principals, employees, and other staff who will be assigned to this project. B. Provide references for similar work performed by your firm in the past 5 years. Include information showing familiarity with applicable HUD energy guidelines. C. Proposed Solar Garden Site Information: I . Interconnection 2. Proposed timeline 3. Location of site(s) 4. Land 5. Permitting status 6. Environmental status 7. Any other important project development details. D. Suggested Size and Subscription: 1. Based upon the electricity consumption and location of PHA facilities (see attached Hi -Rise Electric Consumption Sheet), provide the maximum and suggested levels for PHA participation in a subscription for the garden(s) you plan on developing and operating. E. Tenn: L Terni of subscription offered i. Any options or alternative contract lengths (if applicable) F. Risks: 1. Risks associated with offered subscription agreement 2. Early termination clauses 3. Termination of program by Xcel 4. Any other risks believed warranted G. Pricing/Rate: 1. Subscription pricing offering options L Price ii. How structure works 2. Fixed or Indexed contract against Xcel Energy's Applicable Retail Rate i. When pricing would adjust (Indexed contract only) 3. Any escalation components in pricing proposal 4. Invoice structure and payment terns H. Completed Employer Information Report, EEO -l. I. Completed HUD Form 5369-C Certifications and Representations of Offerors, Non Construction Contract. Submit four (4) copies of your proposal. 86 Request for Proposals - Contract No. 15-086 Furnishing A Community Solar Garden Subscription Agreement Page 3 of 3 PROPOSAL EVALUATION AND CONTRACT AWARD After the Proposal deadline, each proposal received will be reviewed and evaluated by an Evaluation Committee. The PHA reserves the right to make its selection and /or rejection solely upon the contents of the proposals received as a result of this solicitation. Interviews of the proposers may be conducted, and additional information clarifying the components of the proposal may be requested from any proposer. Negotiations may be conducted with one or more proposers; however the PHA reserves the right to make an award without negotiations. All proposals received in response to this RFP become the property of the PHA. The PHA Evaluation Committee will use the following criteria to determine the successful contractor for a single contract. POINT VALUE CRITERIA 25 General response to the RFP and technical competence. 25 Previous experience with similar prqJects, 10 References for similar projects. 5 M/W/DBE status or other affirmative action efforts. 5 Section 3 status. 30 Subscription pricing. 100 'TOTAL POINTS If there are any questions, please call Tim Braun at (651) 292-6082. 87 Instructions to Offerors Non -Construction 1. Preparation of Offers IMEU.S. Department of Housing III����� and Urban Development - 03291 - Office of Public and Indian Housing (a) Offerors are expected to examine the statement of work, the proposed contract terms and conditions, and all instructions. f=ailure to do so will be at the offeror's risk. (b) Each offeror shall furnish the information required by the solleda- tlon. The offeror shall sign the offer and print or type its name on the cover sheet and each continuation sheet on which it makes an entry. Erasures or other changes must be Initiated by the person signing the offer. Offers signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously tumished to the HA. (c) Offers for services other than those specified will not be consid- ered. 2. Submission of Offers (a) Offers and modifications thereof shall be submitted In sealed envelopes or packages (1) addressed to the office specified in the solicitation, and (2) showing the time specified for receipt, the solkfta- tion number, and the name and address of the offeror. (b) Telegraphic offers will not be considered unless authorized by the solicitation; however, offers may be modified by written or telegraphic notice. (c) Facsimile offers, modifications or withdrawals will not be consid- ered unless authorized by the solicitation. 3. Amendments to Solicitations (a) It this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Offerors shall acknowledge receipt of any amendments to this solicitation by (1) signing and returning the amendment; (2) Identifying the amendment number and date in the space provided for this purpose on the form for submitting an offer, (3) letter or telegram, or (4) facsimile, it facsimile offers are authorized In the solicitation. The HA/HUD must receive the acknowledgment by the time specified for receipt of offers. 4. Explanation to Prospective Offerors Any prospective offerordesking an explanation or Interpretation of the solicitation, statement of work, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or Instructions given before the award of the contract will not be binding. Any information given to a prospective offerorconcerning a solicitation willbe furnished promptly to all other prospective offerors as an amendment of the solicitation, if that Information is necessary In submitting offers or If the lack of it would be prejudicial to any other prospective offerors. 5. Responsibility of Prospective Contractor (a) The HA shall award a contract only to a responsible prospective contractor who Is able to perform successfully under the terms and conditions of the proposed contract. To be determined responsible, a prospective contractor must - (1) Have adequate financial resources to perform the contract, or the ability to obtain them; (2) Have a satisfactory performance record; (3) Have a satisfactory record of Integrity and business ethics; (4) Have a satisfactory record of compliance with public policy (e.g., Equal Employment Opportunity); and (5) Not have been suspended, debarred, or otherwisedelermined to be ineligible for award of contracts by the Department of Housing and Urban Development or any other agency of the U.S. Government. Current lists of Ineligible contractors are available for Inspection at the HAMUO. (b) Before an offer Is considered for award, the offeror may be requested by the HA to submit a statement or other documentation regarding any of the foregoing requirements. Failure by the offeror to provide such additional Information may render the offeror ineligible for award. 6. Late Submissions, Modifications, and Withdrawal of Offers (a) Any offer received at the place designated In the solicitation alter the exact time specified for receipt will not be considered unless it is received before award is made and it - (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th); (2) Was sent by mall, or if authorized by the solicitation, was sent by telegram or via facsimile, and it is determined by the HAI HUD that the tate receipt was due solely to mishandling by the HA/HUD after receipt at the HA; (3) Was sent by U.S. Postal Service Express Mall Next Day Service - Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days pdorto the date specified for receipt of proposals. The term 'working days" excludes weekends and U.S. Federal holidays; or (4) Is the only offer received. (b) Any modification of an offer, except a modification resulting from the HA's request for "best and final" offer (tt this solicitation Is a request for proposals), Is subject to the same conditions as in subparagraphs (a)(1), (2), and (3) of this provision. (c) A modification resulting from the HA's request for 'best and final" offer received after the time and date specified In the request will not be considered unless received before award andthe late receipt isdue solely to mishandling by the HA after receipt at the HA. (d) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent either by registered or certified mall is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the offer, modification, or withdrawal shalt be processed as if mailed late. "Postmark' means a printed, stamped, or otherwise placed Impression (exclusive of a postage meter machine impression) that is readily Identiflabto without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors should request the postai clerk to place a hand cancellation bull's, -eye postmark on both the receipt and the envelope or wrapper. (6) The only acceptable evidence to establish the time of receipt atthe HA Is the time/date stamp of HA on the offer wrapper or other documentary evidence of receipt maintained by the HA. Previous edition is obsotete page t of 2 town f. Handbook 460.8 ref. Handbook 7460.8 88 (f) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service -Post Office to Addressee Isthe date entered by the post office receiving clerk on the "Express Mail Next Day Service -Post Office to Addrossee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark' has the same meaning as defined In paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors should request the postal clerk to place a legible hand cancellation bud's eye postmark on both the receipt and the envelope or wrapper. (g) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful offer that makes its terms more favorable to the HA will be considered at any time it is received and may be accepted. (h) It this solicitation Is a request for proposals, proposals may be withdrawn by written notice, or If authorized by this solicitation, by telegram (including mailgram) or facsimile machine transmission received at any time before award. Proposals may be withdrawn In person by a offeror or its authorized representative lt the identity of the person requesting withdrawal is established and the person signs a receipt for the offer before award. It this solicitation is an Invitation for bids, bids may be withdrawn at any time prior to bid opening. 7. Contract Award (a) The HA will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solk3tation will be most advantageous tothe HA, cost or price and other factors, specified elsewhere in this solicitation, considered. (b) The HA may (1) reject any or all offers If such action is In the HNs Interest, (2) accept other than the lowest offer, (3) waive informaiftles and minor irregularities in offers received, and (d) award more than one contract for all or part of the requirements stated. (c) if this solicitation is a request for proposals, the HA may award a contract on the basis of Initial offers received, without discussions. Therefore, each initfaloffershoukfcontaintheofferor'sbesttermsfrom a cost or price and technical standpoint. Previous edition is obsolete (d) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. if this solicitation Is a request for proposals, before the offer's specified expiration time, the HA may accept an offer, whether or not there are negotiations after its receipt, unless awrltten notice of withdrawal lsrecelvedbefore award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the HA. (e) Neither financial data submittedwith an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. 8. Service of Protest Any protest against the award of acontract pursuant to this solicitation shall be served on the HA by obtaining written and dated acknowiedg- me nt of receipt from the HA at the address shown on the cover of this solicitation. The determination of the HA with regard to such protest or to proceed to award notwithstanding such protest shall be final unless appealed by the protestor. 9. Offer Submission Offers shall be submitted as follows and shall be enclosed in a sealed envelope and addressed to the office specified In the solicitation. The proposal shall show the hour and date specified In the solicitation for receipt, the solicitation number, and the name and address of the offeror, an the face of the envelope. it is very Important that the offer be properly identified on the face of the envelope as set forth above in order to Insure that the date and time of receipt Is stamped on the face of the offer envelope. Receiving procedures are: date and time stamp those envelopes Identified as proposals anddeliver them Immedlatelyto the appropriatecont(acting official, and only date stamp those envelopes which do not contain Identification of the contents and deliver them to the appropriate procuring activity only. through the routine mall delivery procedure. (Describe bid or proposal preparation Instructions here:) page 2 of 2 form HUD -5369.6 (8/93 ref. Handbook 7460.1 89 B/IA Contract No. 15-086 AMENDMENT TO THE INSTRUCTIONS TO OFFERORS PART 1 - AMENDMENTS OF CLAUSE 5 - RESPONSIBILITY OF PROSPECTIVE CONTRACTOR 1.1 Add the following items to Section (a): (6) "Demonstration of commitment and efforts to meet the PHA's participation goals for businesses owned by minorities, women and persons with disabilities as set forth in this contract." ' 1.2 Add the following item (c): (c) "Proposers shall demonstrate a commitment to the PHA's policies and goals to enhance business ties for qualified minorities, women and persons with disabilities contractors and suppliers. (1) Goals of PHA Board of Commissioners a. Awarding 10% of the total dollar amount of fiords available through the operating budget finding to qualified minority business enterprises (MBE). b. Awarding 5% to women's business enterprises (WBE) and awarding 5% to persons with disabilities (DBE). This includes the solicitation of prime contract proposers and solicitation of subcontracts and supply bids by prime contract proposers. (2) Definitions MBEs shall be defined as those businesses which are at least 51% owned by a minority person or persons, as minority is defined in Executive Order 11246, and in which the minority owner or owners take an active part in the day-to-day operation of the business. Likewise, WBEs and shall be defined as those businesses which are at least 51% owned by a female or females and in which the female owner or owners take an active part in the day-to-day operation of the business. DBEs and shall be defined as those businesses which are at least 51% owned by a disabled person(s) and in which the disabled owner or owners take an active part in the day-to-day operation of the business. (3) Resources: To assist prime contract proposers with their solicitation efforts, MWDBE business directories are available for review at the PHA's Maintenance Contracts Office, 261 E. University Ave, St. Paul, Minnesota 55130. (4) Required Information and/or Submittals a. Submit a completed Equal Employment Opportunity/Employer Information Report (page F/1) with the bid. b. Complete the MBE, WBE and DBE Bid Solicitation and Subcontractor Participation section on the Bid Form: 1. Proposers shall utilize the appropriate spaces on the MBE, WBE and DBE Bid Solicitation and Subcontractor Participation section on the Bid Form to demonstrate: 'so MA Contract No. 15-086 (a) The effort made to solicit bids from WBE, DBE or DBE businesses in the preparation of this bid. (b) The commitment made to sub -contract or purchase supplies from MBE, WBE or DBE businesses if awarded this contract. (c) How proposers commitment will satisfy the PHA's goals stated in Part 2.2 above for awarding 10% of funds to qualified MBEs and 5% to qualified WBEs and DBEs. 3. Any successful proposer, upon the request of the PHA, shall submit additional information regarding the response of the MBE, WBE and DBE businesses solicited. Such information shall include, but not be limited to, a list of businesses submitting a bid, bid prices submitted, and, if rejected, the reason(s) for rejection. 4. The information provided will be considered by staff and the PHA's Board of Commissioners during the contract award process. PART 2 - AMENDMENTS OF CLAUSE 7 - CONTRACT AWARD 2.1 Delete the existing item (a) and insert the following in its place: (a) The PHA evaluation committee will review and evaluate the proposals received by the deadline. The PHA reserves the right to make its selection and for rejection solely upon the contents of the proposals received as a result of this solicitation. Interviews of the proposers may be conducted, and additional information clarifying the components of the proposal may be requested from any proposer. All proposals received in response to this RFP become the property of the PHA. PART 3 — ADD THE FOLLOWING CLAUSE 10 — TRAINING AND EMPi.OYEMENT OPPORTUNITIES FOR RESIDENTS IN THE PROJECT AREA 3.1 Refer to the General Conditions for Sinal[ Construction/ Development Contracts, Article 13, and delete this Section in its entirety and add the following in its place: (a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, l2 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (c) The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job title$ subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 91 B13A Contract No. 15-086 (d) The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (e) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24' CFR Part 135. 3.2 In order to qualify for award of this contract, a successful bidder must be a certified Section 3 business (as defined below), OR the bidder will be required to negotiate and agree to a Section 3 Action Plan that includes, at minimum, the following commitments: (a) At least 30% of new employees to be hired for this contract work will be hired from among qualified Section 3 residents (as defined below); or (b) At least 25% of subcontracted work under the contract will be subcontracted to certified Section 3 businesses; or 3.3 WHO IS A SECTION 3 RESIDENT? (a) To qualify as a Section 3 Resident, a person must either be: (1) A resident of Public Housing; or (2) A resident of the metropolitan area whose household income (not individual income) in the previous year was less than the limits shown below. (b) Among equally -qualified Section 3 residents, first preference for hiring should be given to residents of the public housing property where the contract work will be performed. Second preference should be given to other residents of public housing, followed by other low or very low income residents of the metropolitan area. 3.4 WHAT iS A SECTION 3 BUSINESS? (a) To qualify as a Section 3 Business, the business must certify that it meets at least one of the three criteria listed below and provide whatever supporting documentation is requested by the PHA: (1) 51% of the business is owned by residents of public housing; or (2) 51% of the business is owned by Twin Cities metropolitan area residents who qualify as low, or very low income (See chart below); or (3) At least 30% of the full time permanent employees of the business are residents of public housing or are twin Cities metropolitan area residents whose household incomes qualify as low, or very low income (See chart below). 3.5 INCOME LIMITS: To qualify as low income or very low income residents of the Twin Cities Metro Area, persons and/or families must live in the metro area and must meet the following household income limits: 92 B/4A Contract No. 15-086 Eligibility Guideline Number in Household Low Income 80% MFI 1 person $45,100 2 persons $51,550 3 persons $58,000 4 persons $64,400 5 persons $69,600 6 persons $74,750 7 persons $79,900 8 persons $85,050 3.6 Noncompliance with HUD's Section 3 regulations in 24 CPR Pail 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD- assisted contracts. 93 Certifications and Representations of Offerors Non -Construction Contract U.S. Department of Housing OMB Approval No: 2677.0180 (exp. 7130196) and Urban Development 011ice of Public and Indian Housing Public reporting burden for this collection of Information Is estimated toaveiage 6 minutes per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This form Includes clauses required by OMB's common rule on bidding/offering procedures. Implemented by HUD in 24 CFR 86.36, and those requirements setforth in Executive Order 11626 for small, minority, women -owned businesses, and certifications for independentprice determination, and conalctof Interest. The form Is required for nommnstruotion contraots awarded by Housing Agencies (HAS). The form is used by bidders/offerors to cattily to the HA's Contracting Officer for contract compliance. If the form were not used, HAS would be unable to enforce their contracts. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The Information requested does not lend Itself to confidentiality. 1. Contingent Fee Representation and Agreement (a) The bidder/offeror represents and certifies as part of its bid/ offer that, except for full-time bona fide employees working solely for the bidder/offeror, the bidder/offeror: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ J has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contractany commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) If the answer to either (a)(1) or (a) (2) above is affirmative, the bidder/offeror shall make an immediate and full written disclosure to the PHA Contracting Officer. (c) Any misrepresentation by the bidder/offeror shall give the PHA the right to (1) terminate the resultant contract; (2) at its discretion, to deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 2. Small, Minority, Women -Owned Business Concern Rep- resentation The bidder/offeror represents and certifies as part of its bid/offer that it: (a) [ ] Is, ( ] is not a small business concern. "Small business concern," as used in this provision, means a concern, includ- ing its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under (lie criteria and size standards In 13 CFR 121. (b) [ ] Is, [ ] is not a women -owned small business concern. "Women -owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S, citizens and who also control and operate the business. (c) [ j is, [ j is not a minority enterprise which, pursuant to Executive Order 11625, is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ J Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ j Hasidic Jewish Americans 3. Certificate of Independent Price Determination (a) The bidder/offeror certifies that— (I)The prices in this bid/offer have been arrived at indepen- dently, without, for the purpose of restricting competi- tion, any consultation, communication, or agreement with any other bidder/offeror or competitor relating to (1) those prices, (ii) the intention to submit a bid/offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices In this bid/offer have not been and will not be knowingly disclosed by the bidder/offeror, directly or indirectly, to any other bidder/offeror or competitor be- fore bid opening (in the case of a sealed bid solicitation) orcontract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt Inas been made or will be trade by the bidden offeror to induce any ober concern to submit or not to submit a bid/offer for the purpose of restricting competition. (b) Each signature on the bid/offer is considered to be a certifi- cation by the signatory that the signatory: (1) Is the person In the bidder/offeror's organization respon- sible for determining the prices being offered in this bid or proposal, and that tie signatory has not participated and will not participate in any action contrary to subpara- graphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have riot participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the bidder/offeror's organization responsible for determining the prices of- fered In this bid or proposal, and the title of his or iter position in the bidder/offeror's organization); (ii) As an authorized agent, does certify that the princi- pals named In subdivision (b)(2)(i) above have not par- ticipated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and Previous adition Is obsolete page 1 of 2 formret. Handbook 7460.8 94 (iii) Asan agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) if the bidder/offeror deletes or modifies subparagraph (a)2 above, the bidder/offeror must furnish with its bid/offer a signed statement setting fortis in detail the circumstances of the disclosure. 4. Organizational Conflicts of Interest Certification (a) The Contractor warrants that to the best of Its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a proposed contract and a prospective contractor's organizational, fi- nancial, contractual or other interest are such that: (I) Award of the contract may result in an unfaircomped- tive advantage; (ii) The Contractor's objectivity in performing the con- tract work may be impaired; or (Iii) That the Contractor has disclosed all relevant infor- mation and requested die HA to make a determination with respect to this Contract. (b) The Contractor agrees that if after award he or she discovers an organizational conflict of Interest with respect to this contract, he or she shall make an immediate and full disclo- sure in writing to the HA which shall include a description of the action which the Contractor has taken or intends to eliminate or neutralize the conflict. The HA may, however, terminate the Contract for the convenience of HA if it would be in the best interest of HA. (c) In the event the Contractor was aware of an organizational conflict of interest before the award of this Contract and intentionally did not disclose the conflict to the HA, the HA may terminate the Contract for default. (d) The Contractor sbali require a disclosure or representation from subcontractors and consultants who may be in a position to influence the advice or assistance tendered to the IIA and shall include any necessary provisions to eliminate or neutralize conflicts of interest in consultant agreements or subcontracts Involving performance or work under this Contract. S. Authorized Negotiators (RFPs only) The offeror represents that the following persons are authorized to negotiate on its behalf with the PHA in connection with this request for proposals: (list names, titles, and telephone numbers of the authorized negotiators): 6. Conflict of Interest In the absence of any actual or apparent conflict, the offeror, by submission of a proposal, hereby warrants that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procure- ment, as described in the clause in this solicitation titled "Orga- nizational Conflict of Interest." 7. Offeror's Signature The offeror hereby certifies that the information contained In these certifications and representations is accurate, complete, and current. Signature & Date: Typed or Printed Name: Title: Previous adon le obsolete page 2 of 2 form ref. Handbook 7400.0 95 Company Naine: Address: City: State: Contract No. 15-086 EQUAL EMPLOYMENT OPPORTUNITY Employer Information Report Zip: Email Address: Company Owner* Information: Category: 1 O White American 2 African American 3 ❑ Native American Indian 4 ❑ Hispanic American Contact Person: Telephone #: Fax #: Fed. Tax ID #: Native Origins in: Europe, North America, or the Mid -East Any Black racial group in Africa North America, and maintain cultural identification through tribal affiliation or community recognition, not including Eskimos or Aleuts. Mexico, Puerto Rico, Cuba, Central or South America, or other Spanish origin, culture, or descent, regardless of race. 5 ❑ Asian/Pacific American Far East, Southeast Asia, the Indian Subcontinent, Pacific Islands 6 Q Hasidic Jew 7 ❑ Female 8 ❑ Disabled a Owner is defined as: one who owns and controls at least 51% of the business, and is involved with the daily operation and management of the business. Company Employee Information: Report the number of all employees - permanent, part-time, apprentices Occupation Category White African Nat. Amer. Hispanic Asian/Pacific Disabled American Indian American American Totals 11ia[e Female Male Female Male Female Mate Female Male Female Male Female Male Female NI Officials & Managers Professionals Technicians Sales Workers Office & Clerical Craftsmen (Skilled) Operatives (Unskilled) Laborers (Unskilled) Service Workers Totals On -the -Job Trainees* White collar) —d I I — Dn-the-Job Trainees* Producliott * Report only employees enrolled in formal on-the-job training programs. This information shall also be included in the counts for the appropriate category above. Equal Employment Opportunity Offiecr (Print Name) Equal F,mptoymtent Opportunity Officer (Signature) PHA Form EEO -1 Revised 7/14 96 PHA Hi -Rise Electric Consumption in kWh Hi -rise Front i Hamlin 1 Seal 1 Edgerton - Iowa_; Wilson , Mt Airy Valley Exchanged Wabasha Central Neill 1 Ravoux Cleveland 1 Dunedin ' Montreal total remise 4 AMP 302258403 1303575774 303277364 302830052 i 302313971E 392792801 303296461 1303452984 2 2 2 !_ 3 3 i 3 1 5 5 303473983. ; 302747458 ' 6 i 6 303321987 303466974 1303532521 ' 303264925 j 303380401 ; 303535641 7 j 7 I 7 I 8 8 !►Units 151 186 1 144 1 221 148 187 ! 153 !� 159 1 _ 194 f 71 244 1 104 220 144 143 ! 185 2554 Svc Mo. �, .. �« -;3 o w9,•o »F +r^ ,�\v:! '+V+?ws.+ -.'+w'u. "•:c -.w...- ., "'x,r. J4� k„?s^`` ;;gip" e�,,,,C'-Y' yr.. �r.fi,�'#..,F.}l, f,: h.. Yh. j`i. y r ,. s.. ' ri-^.;3')i >K, �.A G tn"•4T �`Xv''. :�, tt.„'..< TT }}����- ��§§-��_,,...���� �$ �'yp � /� .�yy. �.:_`.�G� .,y �y T ..1:Y'13i4�ex4'.an w7ay.:-::a�.P.�.<..2'�iuh�:.it.Ys�i:��f:1��47N���P.+ �..f. e.-. r.. �i.�Sdm .,.�yl. 'i^t....... +...'4. ti4�;':i:�{l.-, .�a+. i,.�.�,bY: 'tii.� uA'..... ..iT..x J. `x{ h98,400 " ~1.78560 `77,440 Se 12 82,800 1 103,200 : 70,400 1 129,400 i 80,800 1 104,160 97,920 ! 79,500 103,800 41,760 ! 72,320 1, 218,900y 1 94,560 1,433,820 OCL -12 :.69,120 90,600 ' 64;800 98,400 _ 68,480 r- 78,960 63,360 .. 68,400: 85,500 s 29,520 ! 63,040 60,640 1 180,400 82,080: 66,560 73,920 _ 1,243,780 Nov -12 65,520 } 65,600 97,400 ! 60;160: 76,560 1 66,E i 65,400. 87,000 ' 32,160: 65,440 79,680 I 62,880 82,560 907,240 Dee -12 75,600 102,000 j 71,600 j 102,600 i 68,640 71,760 71,520 1 88,200 i 101,700: 37,920; _� 75,520 79,680 91,200 ! 97,440 67,200 1 $3,760 1,286,340 Jan -13 88,560 107,700 1 72,400. i 125,600 i 71,680 1 78,960 69,600 's 107,700 122,400 36,960 86,720 j 87,840 100,000 i 88,560 i 72,480 84,240 1,401,400 Feb -13 73,920 ' 102,600E •_! 109,800E 62,560 70,560 69,280 85,800 116,700 35,040_; 90,560! 86,720 79,600 ! 82,560 60,640 80,640 1,206,980 Mar -13 72,480: 86,400 i 12a,400 j 9 64,260 66,720 1 - 59,840 ! 73,80p 92,100 ;� 30,720 73,120 66,080 85,200: 78,960 61,600 ! 76,080 1,210,060 Apr -13 69;600 95,700 ! 65,200 100,600 61,760 68,880 j 64,640 i 72,000 !+ 96,600 ; 31,440 i 74,400 ! 70,720 $4,800 1 85,680 59,520 i 82,560 1,184,100 May -13 69,840 88,200 a 59,200 Y 97,000 ! 61,120 67,440 j 62,240. i 60,900 i 82,500 i 29,280 63,200 I 59,520 87,200 78,480 59,840 ; 79,440 1,105,400 Jun -13 66,000: 92,700 69,200 - 93,200 _70,240 68,880 1 70,400 I: 63,000. 90,600 ' 32,880 62,560 69,760 1 86,400: 86,400 68,480 84,240 1,174,9_40 Jul -13 71,2801 219,000 i 81,600 I 219,400 _82,240 1 100,800 j 108,000 '• 90,000 116,400 48,240 160,320. 1 88,320 i 103,200 ' 117,600 94,240 118,560 1,719,200 Aug -13 86,880 i - 70,400 i 114,400 ! $5,280 95,280 80,320 ! 76,200 89,700: 38400 1 -_ 66,400 ! 126,000 90,240 i 72,640 86,400 2,178,540 Se 13 85,9201 225,000 73,600 ! 130,600 94,400 1 108,720 104,320 93,900 ` 108,300 44,160 90,880~-^ 82,080 1 117,200 '- 105,840 i 91,520 1 108,240 1,664,680 Oct -13 133,680 1 93,000 ' 55,600 ; 104,200 ! 65,760 ! 75,840 ; 75,680: 72,600 - 89,100 31,680 62,240 i 64,480 ! 102,000 79,440 61,120 $4,480 1,250,900 Nov -13 1 103,500 ! 61,600 193,400 I T 64,960 i 64,800 i 60,320 i 70,500 93,600 31,920 63,360 65,760 I 89,200 84,000 ! 59,520 ! 86,160 1,092,600 Dec -13 79,440 i - $0,000: 117,200 71,360 74,400 70,240 ; 93,600 117,300 35,280 - 78,980 ! 98,000 1 96,000 69,920 ! 100,560 1,182,180 Jan -14 88,080 127,200 ; 71,600 i 130,600 i 73,600 ;- $9,760 78,880 ! 104,700 ! 138,900 41,040 106,880 84,800 1 99,600 ! 84,000 71,360 90,240 1,481,240 Feb 14 88,080 1 206,200 ; - 113,800 1 69,760 I 77,760 i 68,160 ! 93,600 112,200: 33,840 74,400 71,040' 89,600 $2,320 ! 70,240 ; 84,720 1,235;720 Mar -14 82,800 ! 114,900 130,000 + 112,600 1 66,880 75,600 i 60,640 i 90,600 98,100 31,440 77,920 1 64,480 87,200 i 82,560 61,280 $2560 1,319560 Apr -14 70,560 i 96,600 ', 55,600 100,600 i 64,640 i 70,080 ! 57,440 66,600 ! 83,400 3_2,400 63,200 61,760 86,800 ! 72,960 60,640: 70,800 1,114,080 M -14 62,640 ; 190,500 64,800 98,400 i 67,360 I 68,880 67,200 ! 61,200 - $9,100 35,040 64,160 i 66,080 i 78,800 i 82,800 60,000 i 78,480 1,235,440. Jun -14 70,800 62,200 108,000 ! 76,480 ! 86,400 ' 77,760 70,500 85,800: 38,160: 62,400 64,800: 95,200 ; 89,040 ! 78,720 82,800 1,148,060 .10-14 76,800 1 _ _ -- 108,600 ' 75,200108,200 - - ---... .__. 82,560 ; 94,080 87,840 66,300 ---38,16 95,400: 42,240 68,000 ! 72,960 1 107,600 ' 101,760 i 83,360 98,880 1,369,780 Au -14 71,760 ' 115,800E 76,400 1 T 115,000: 82,080 ! 97,440 ! 97,760 88,800 1 104,400 i 44,160 81,600 ! 80,320 1 104,400 1 103,920 ; 86,080 100560 1,45Q480 total 1,802,160 9 2,369,400 i 1,620,400 12,618,800 :. 1,716,960 11,932,720 1. 1,790,240 1,903,800 12,400,600 865,680 1,636,800 ! 1,737,120 ' 2,29$400 2,130,720 i 1,677,280 2,095,440 30,596,520 mo/avg 75,090: 98,725 i 67,517 ( 109,217 71,540 I 80,530 i 74,593 79,325 ; 100,025 1 36,070 68,200 72,380 ; 95,767 88,780 ' 69,887 87,310 1,274,8S5 mo/avg/unit 497 533 i 469 494 483 1 431 1 483 499 ! 516 i so$ 474 ! 696 i 435 617 ' 489 ! 472 499 Rebecca Foster From: Ross Bintner Sent: Monday, April 13, 2015 7:50 AM To: Ross Bintner Subject: FW: Green Step City Update EEC Members, See below from former EEC member Latham. This correspondence will be in the May packet. y'""'�<,. Ross Bintner, PE, Environmental Engineer x 952-903-5713 1 Fax 952-826-0392 4J ; a RBintner(@EdinaMN.00v I www.EdinaMN.00v ...For Living, Learning, Raising Families & Doing Business From: Dianne Latham [mailto:Dianne@L.athamPark.net] Sent: Sunday, April 12, 2015 10:34 AM To: Ross Bintner Subject: Green Step City Update 4-12-15 Ross, Please forward the following to the EEC. I have updated Edina's Green Step City (GSC) webpage so that Edina will receive credit for the following: Best Practice #10 (Conservation Design) Action 3 (Tree Preservation Ordinance) Best Practice #27 (Local Food) Action 2 (Chicken & Bee Keeping) With the above completed, the work of the Local Food Working Group is complete and the working group can now be disbanded. The EEC's work on Green Step Cities is on-going, however. I urge each commissioner to take the time to go to the Green Step City Website at http://greenstep.pca.state.mn.us/bestPractices.cfm and review each best practice relevant to their working group. Edina has a proud tradition with Green Step Cities given that it was one of the first cities to achieve the 3 star recognition. Review should be done at least annually and needs to be done for the following reasons: To confirm that credit has been taken for each initiative your working group may have completed. If your activities have not been given credit, please report that to Ross Bintner who can then update that Best Practice's Action so that Edina will receive credit. This should be done in April at the latest each year because GSC reviews all city GSC websites in May to determine the awards that are given out in June. One Best Practice that it appears that Edina may not be receiving full credit on is that of Transportation's Best Practices 11-14. EEC needs to appoint a Transportation liaison who would meet with a transportation commissioner (I recommend Jennifer Janovy) and go over BP 11-14 and get them updated. 2. You can use the GSC program to help determine which actions your Working Group may want to undertake in the coming year. GSC continually refines the program by adding new actions, some of which may be applicable to Edina and should be undertaken. These actions can be then incorporated into EEC's 2016 Work Plan. 98 Once again, it has been an honor and pleasure to serve the Edina Energy and Environment Commission and I look forward to EEC continuing to strengthen Edina's environmental programs. Dianne Plunkett Latham Chair, EEC Local Food Working Group 7013 Comanche Ct Edina MN 55439-1004 952-941-3542 99 2015 Category A City: EDINA Currently a Step Three GreenStep City - joined January 2011 - Which assessment? Preliminary: for city review Final: for May 15L recommendation to LMC ❑ Assessor and date: Philipp Muessig, 4114115 Total BPs done out of 16: 17 Are all required BPs implemented? YE$ BP distribution requirement met? YES Best practices (required) BP implemented? Action summary by # and star level achieved Action rules (req. in bold) YES LJ BUILDINGS: 2 BPs required; are 2 BPs done? 1. Public 1.1: COMPLETE, 1 STAR 1 & 2; & one action from 3-7 YES 1.2: COMPLETE, 1 STAR 1.3: COMPLETE, 3 STARS 1.7: COMPLETE, 1 STAR 2. Private YES 2.1: COMPLETE, 1 STAR any two actions 2.5: COMPLETE, 1 STAR 3. New 1 or 2; one from 3-5 4. Lighting/Signals NO 4.5 COMPLETE @ 2 STARS 2 actions with one from 5-8 5. Reuse any one action YES LAND USE: 2 BPs required; are 2 BPs done? 6. Comp Plan YES 6.1: COMPLETE, 1 STAR 1&2 6.2: COMPLETE, 1 STAR - inspiring language! 6.5: COMPLETE @ 2 STARS -- community GHG reduction goals mirror state goals: from 2007 baseline - 15% by'15, 25% by'25, 80% by'50. 7. Density any one action 8. Mixed Uses YES 8.1: COMPLETE, 2 STARS any two actions 8.3: COMPLETE, 1 STAR 9. Highway Development any one action 10. Conservation Development YES 10.3 COMPLETE @ 2 STARS - mitigation required for removal of trees any one action outside 10' of building pad, deck or patio of a new or remodeled building as well as 5'of driveways and parking areas. YES TRANSPORTATION: 2 BPs required; are 2 BPs done? 11. Complete Green Streets 11.1: COMPLETE, 3 STARS - 2013 Living Streets policy 1; & two additional actions YES 11.3 here's where you should list use of the Envision tool 11.4: COMPLETE, 1 STAR 11.6: COMPLETE, 2 STAR - roundabout 12. Mobility Options 12.1: COMPLETE, 1 STAR any two actions YES 12.2: COMPLETE, 1 STAR 13. Fleets 100 any two actions 14. TOD / TDM any two actions 15. Purchasing 1; and one additional action 16. Trees any two actions 17. Stormwater any one action 18. Parks & Trails any three actions 19. Surface Water if state public water: 4; and one additional action if no state water: any one action 20. Water / Wastewater 1 & 2; and one additional 21. Septics any one action 22. Solid Waste 1 or 2; & one from 4-8 23. Local Air Quality any two actions ENVIRON MGT: 4 BPs req 15.1: COMPLETE, 2 STAR YES 15.4: COMPLETE, 1 STAR 16.1: COMPLETE, 1 STAR YES 16.4: COMPLETE, 1 STAR 17.1: COMPLETE, 2 STAR YES 17.5: COMPLETE, 1 STAR 18.5: COMPLETE, 3 STAR YES 18.6: COMPLETE, 2 STAR 18.8: COMPLETE, 1 STAR 22.2: COMPLETE, 2 STAR YES 22.5: COMPLETE, 1 STAR 22.6: COMPLETE, 2 STAR 23.1: COMPLETE, 1 STAR YES 23.3: COMPLETE, 1 STAR : are 4 done? YES ECON & COMM DVLP: 3 BPs required; are 3 done? YES 24. Benchmarks & Involvement 24.1: COMPLETE, 3 STAR 1&2 YES 24.2: COMPLETE, 1 STAR 24.4: COMPLETE, 1 STAR 24.5: COMPLETE, 1 STAR 25. Green Businesses 25.2: COMPLETE, 1 STAR any two actions YES 25.4: COMPLETE, 1 STAR 26. Renewable Energy 26.1 Solar/Wind Ordinance Task Force formed, first draft created Jan. any two actions YES 2012, work not completed. 26.3: COMPLETE, 3 STAR -15Y commercial PACE in MN! 26.5: COMPLETE, 1 STAR 27. Local Food YES 27.2 COMPLETE @ 2 STARS - fowl and bee ordinance any one action 27.3: COMPLETE, 2 STARS 28. Business Synergies 2,3or4 101 CITY OF EDINA MINNESOTA ENERGY & ENVIRONMENT COMMISSION March 2015 — February 2016 Term SUMMARY AND DRAFT SCHEDULE Council Advisories: • Golf dome re -commissioning 10/12 • New facility carbon goals 10/13 • Urban forest task force 3/13 • Yorktown community garden pervious parking 4/13 • Water bottle sales, 4/14 • EEEP transfer to SPPA, 5/14 • Building energy system CIP, 1/15 • Braemar capital improvements, 1/15 • CIP environmental considerations, 1/15 • Fleet operations task force, 1/15 • Grandview sustainability principles, 3/15 March 12, 2015 Televised Meeting Item of focus: Elect Chair and Vice Chair. Presentations: TELEVISED MEETING April 9, 2015 Meeting Item of focus: EEC/CC Meeting Recap Presentations: None May 14, 2015 Meeting Item of focus: Xcel Energy Franchise Presentations: June 11, 2015 EEC/CC Joint Workshop Item of focus: Presentations: July 9, 2015 Meeting 102 # WP1.1 WorkplanItem GHG Measurement WP1.2 City Building Energy March staff report on building energy use WP1.3 Capital Process Environmental Considerations WP2.1 Community Solar WP2.2 Coordinate with PC, ETC, PB WP2.3 Promote Home Energy Squad April Edina dialogue event, April Movie, OR1 Green Step Cities Reporting May annual assessment OR2 Urban Forestry OR3 Solid Waste and Recycling OR4 Purchasing policy, review annual report ORS Business Recycling OR6 Local Food / Bees and Chickens Ordinances passed Spring 2015. WP = work plan number. OR = ongoing responsibility number Council Advisories: • Golf dome re -commissioning 10/12 • New facility carbon goals 10/13 • Urban forest task force 3/13 • Yorktown community garden pervious parking 4/13 • Water bottle sales, 4/14 • EEEP transfer to SPPA, 5/14 • Building energy system CIP, 1/15 • Braemar capital improvements, 1/15 • CIP environmental considerations, 1/15 • Fleet operations task force, 1/15 • Grandview sustainability principles, 3/15 March 12, 2015 Televised Meeting Item of focus: Elect Chair and Vice Chair. Presentations: TELEVISED MEETING April 9, 2015 Meeting Item of focus: EEC/CC Meeting Recap Presentations: None May 14, 2015 Meeting Item of focus: Xcel Energy Franchise Presentations: June 11, 2015 EEC/CC Joint Workshop Item of focus: Presentations: July 9, 2015 Meeting 102 Item of focus: Workplan Presentations: August 13, 2015 Meeting Item of focus: Workplan September 10, 2015 Meeting Item of focus: Workplan, Presentations: October 8, 2015 Meeting Item of focus: Presentations: November 12, 2015 Meeting Item of focus: Presentations: December 10, 2015 Meeting Cancel January 14, 2016 Meeting Item of focus: Presentations: February 11, 2016 Meeting Item of focus: Presentations: 103 ENERGY AND ENVIRONMENT COMMISSION 2015 Annual Work Plan Approved by City Council on 12/16 with following notes: Certain items considerable staff time may need to span two calendar years. Suggest are not included that prioritization in the approved budget. be considered during Budget2015 Projects that involve upcoming joint meeting. ... New Initiative Target Workplan.Approval Date Reduce Energy Consumption and Greenhouse Gas Emissions (GHG) in City of Edina Operations to meet Comprehensive Plan Chapter 10 Goals. 1) Measurement — continue to use and refine metrics and analyses a. B3 database for all City Buildings April 1, 2015 Staff Time Tim Barnes (12hrs) b. Create metrics for City vehicle fleets(gallons of fuel) July 1, 2015 Staff Time Gunnar Kaasa (20hrs) c. Create metrics for Utility operations (energy usage) July 1, 2015 Staff Time Dave Goergen (20hrs) d. Regional Indicators for City as a whole April 1, 2015 $500 (Consultant) 2) City Building Energy Efficiency initiative a. EEC Commissioners to work with City Manager and City October 1, Staff + $1,000 Scott Neal (8hrs) Building manager to create a detailed plan for retrofitting 2015 (Consultant) Tim Barnes (80hrs) existing buildings within 5 years b. At least one building will be retrofitted in 2015 either under December 31, Staff + $10,000 Tim Barnes (200hrs) the City's own effort or under the State GESP program 2015 (Consultant) 3) City Capital Process Environmental Considerations Initiative a. EEC to review results of having an environmental April 1, 2015 Staff Time Eric Roggeman (20hrs) considerations section in 2014 CIP process. EEC commissioners will work with City staff to refine and expand so that all capital decisions (i.e., new buildings, major building renovations and fleet purchases) have explicitly environmental analysis on how they will affect City GHG commitments Progress Report: New Initiative Target Budget2015 ... Item 2 (WP2) Completion RequiredWorkplan .. . . - Date Promote Promote the Reduction of Energy Consumption and Greenhouse Gas Emissions (GHG) in the City of Edina at large to meet Comprehensive Plan Chapter 10 Goals. 1) Community solar project a. City will allocate staff time to scope, bid and execute a December 31, Staff + $10,000 Ross Bintner (100hrs) community solar project on a city building in 2015 once PUC 2015 (Consultant) finalizes community solar details. Public Works roof is initial u , target site. b. EEC commissioners will work with the City staff on this effort c. The City will determine whether it wishes to purchase a share in this project for itself d. The April 2015 EEC community event will be used to roll out April 1, 2015 Staff Time Krystal Caron (80hrs) Community Solar to residents 2) EEC coordination with Planning, Transportation and Parks commissions to achieve Chapter 10 commitments a. EEC commissioners will be encouraged to track these December 31, None None commission meetings and to comment and recommend 2015 actions per the City's commitments 3) Expand City subsidized Home Energy Squad (HES) installs for residents a. The City will fund 150 HES installs at a cost of $10500, December 31, $10,500 Minor prioritize for lower income (a dramatic increase over the 2015 (Consultant) current funding of $4000) b. EEC will educate and promote HES with the goal to get 500 visits in the year. Progress Report: 105 Ongoing Responsibilities Green Step Cities Reporting — review ongoing activities in GreenSteps program. Urban Forestry — track progress through Parks and Planning Commissions, review final product. Solid Waste and Recycling—track MPCA compost rulemaking and emerald ash borer quarantine changes. Annual Purchasing Policy Report — review ongoing purchasing activities. Business Recycling —track progress Local Food Task Force — track progress Other Work Plan Ideas Considered for Current Year or Future Years Proposed Month for Joint Work Session: January, August Staff Comments: 106 2015 EEC Workplan preface Whereas the City of Edina is forward looking with respect to energy and environmental matters; and Whereas the City of Edina is committed to significant GHG emission reductions of 15% below 2007 levels by 2015; and Whereas the City of Edina is committed to GHG emission reductions of 30% below 2007 levels by 2025; and Whereas the City of Edina is committed to GHG emission reductions of 80% below 2007 levels by 2050, the EEC recommends the following course of action to attain or exceed those goals: 107