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4.5. SR 03-04-2019 Request for Action To Item Number Mayor and City Council 4.5 Agenda Section Meeting Date Prepared by Consent March 4, 2019 Amanda Bednar, Environmental Coordinator Item Description Reviewed by MMPA Hometown Solar Grant Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the 2019 Hometown Solar Grant Program Agreement with MMPA. Background/Discussion The city has been chosen as a recipient of the 2019 Energy Education, Hometown Solar Grant Award from Minnesota Municipal Power Agency (MMPA). This grant will provide Elk River with a 5 kW solar installation at City Hall to provide hands-on education about how solar power works. This grant is available because Elk River Municipal Utilities is part of MMPA. Tom Sagstetter from ERMU provided additional information about this program during the January 22, 2019, work session before we applied for the grant. The attached agreement outlines MMPA will design, construct and install the solar installation. The city will own, operate and maintain the system once complete. The proposed location is east of City Hall adjacent to the employee parking lot and near the path along Lake Orono. The proposed location would offer high visibility to those visiting the building, the library or those simply driving down Orono Parkway. It also provides a convenient connection inside the garage. We plan to utilize this for educational purposes and further our goals as Energy City. The solar array will be constructed during 2019. Financial Impact None Attachments  Hometown Solar Grant Program Agreement 2019 Elk River The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity MINNESOTA MUNICIPAL POWER AGENCY HOMETOWN SOLAR GRANT PROGRAM AGREEMENT This Agreement is entered into effective this _____ day of ________, 2019, by and between the the City of Elk River Whereas, MMPA has established the Hometown Solar Grant Program , which is an Hometown Solar Grant and the public with respect to the conversion of sunlight into electricity, and the unique characteristics of solar power; and Whereas, the Hometown Solar Grant Program provides selected schools and other educational facilities such as community offices/centers or libraries with a ~5 kW solar installation ; and Whereas, following an application and selection process established by MMPA, Grantee has been selected to be the Grant Recipient for the Solar Facility to be located in its respective MMPA member community. Now therefore, MMPA and Grantee agree as follows: 1) MMPA Responsibilities and Authority: a) MMPA shall design, construct and install all aspects of the Solar Facility. b) MMPA shall select and oversee all necessary contractors and vendors for the procurement, construction, and installation of the Solar Facility. MMPA shall enter into any necessary contracts and make appropriate payments to such contractors and vendors. c) Project costs associated with the design, procurement, permitting, construction, and commissioning of the solar installation will be covered by MMPA under the Program; d) MMPA shall handle all inspection, testing, and approval of the construction and installation of the Solar Facility. Upon completion and connection of the facility to G. e) Upon completion of the Commissioning process, MMPA shall notify Grantee of such Commissioning, and turn over all ownership and operational responsibilities of the Solar Facility to Grantee, subject to the terms of this Agreement. 2) Grantee Responsibilities and Authority: a) Grantee shall own the Solar Facility and shall receive all electricity generated by the facility. b) Grantee shall seek to obtain such permits and approvals as may be necessary for the project. In the event Grantee is unable to obtain such permits and approvals, MMPA shall have the right to withdraw from this Agreement with no further obligations. c) Grantee shall allow all access necessary for MMPA and its contractors and vendors to install and connect the Solar Fexisting electrical system. d) Grantee shall designate a person to coordinate site access for MMPA and its contractors and vendors. Page 1 of 2 e) Grantee shall be responsible for operating and maintaining the facility through its reasonable lifetime, including any operating and maintenance expenses (i.e. cleaning panels of snow and debris) after commissioning. f) Grantee shall be responsible for the decommissioning of the Solar Facility, at such time as decommissioning becomes appropriate. g) Upon Commissioning of the Solar Facility, Grantee shall assume any and all liability associated with the Solar Facility. Grantee shall obtain all such liability and other insurance that it may deem necessary with respect to the facility and its generation of electricity. h) system (such as WI-FI, for example). i) Grantee shall allow generation output data to be shared via communications installation to the general public, in addition to MMPA. j) To support the educational objectives of the Program, Grantee agrees to allow and coordinate public access to the Solar Facility, including the physical installation as well as output data. General provisions: a) rights nor obligations hereunder shall be assignable without the prior written consent of the other Party, which consent shall not be unreasonably withheld. b) This Agreement shall be governed and construed and enforced in accordance with the laws of the State of Minnesota. c) This Agreement constitutes the entire agreement of the parties. d) No changes or modifications may be made to this Agreement without the written consent of both Parties. e) Any disputes arising under this Agreement shall be resolved by arbitration, under the rules of the American Arbitration Association, before a single arbitrator in a proceeding to be held in Hennepin County, Minnesota. f) Each Party represents to the other that it has taken all necessary steps to authorize its execution of this Agreement, and that the person signing below has been authorized by the Party to execute this Agreement on its behalf. With the intent of being bound by the provisions of this Agreement, effective on the date stated in the first paragraph above, the Parties hereby sign this Agreement as set forth below: Minnesota Municipal Power Agency Grantee By: ________________________ By: ________________________ Name: ______________________ Name: ______________________ Title: _______________________ Title: _______________________ Date: _______________________ Date: _______________________ Page 2 of 2