HomeMy WebLinkAboutORDINANCE 6256OF FAYEr,
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113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6256
File Number: 2019-0679
OZARKS ELECTRIC COOPERATIVE AND TODAY'S POWER, INC.
INTERCONNECTION AGREEMENT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE CONTRACTS WITH
OZARKS ELECTRIC COOPERATIVE CORPORATION AND TODAY'S POWER, INC. TO PROVIDE
FOR THE INTERCONNECTION OF THE CITY'S SOLAR FACILITIES AT THE WESTSIDE AND
NOLAND WASTEWATER TREATMENT PLANTS WITH THE OZARKS ELECTRIC UTILITY GRID,
AND TO PROVIDE FOR THE ONGOING MAINTENANCE OF THOSE INTERCONNECTED
FACILITIES AT A COST OF $20,116.00 PER YEAR FOR THE 20 -YEAR TERM OF THE SOLAR
PROJECT
WHEREAS, on November 20, 2018, the City Council approved several contracts with Ozarks Electric
Cooperative Corporation and Today's Power, Inc. that provided for the development, construction, and
operation of solar power generation and energy storage facilities at the City's wastewater treatment
plants; and
WHEREAS, on June 21, 2019, the Arkansas Public Service Commission approved the City's application for
the solar generation, net metering, and energy storage project; and
WHEREAS, the solar facilities were completed on June 30, 2019, and were interconnected with the electric
utility grid of Ozarks Electric on July 18, 2019; and
WHEREAS, City staff recommend the approval of a Contract for Maintenance of Interconnection
Facilities with Ozarks Electric to provide for ongoing maintenance of the overhead and underground
electric distribution facilities that connect the City's solar power generation and battery storage units to
the Ozarks Electric grid at a cost of $20,116.00 per year; and
Page 1 Printed on 1116119
File Number 2019-0679
Ordinance 6256
WHEREAS, City staff also recommend the approval of a Contract for Interconnection of Customer -
Owned Generation with Ozarks Electric and Today's Power, which more specifically defines the roles and
responsibilities of each party with respect to the interconnection of the solar power generation and battery
storage components with the Ozarks Electric utility grid; and
WHEREAS, both agreements will be in effect for the 20 -year term of the Trilateral Agreement and are
necessary to satisfy Arkansas Public Service Commission's requirements for interconnection of the
system and to ensure that the solar power generation is not interrupted by a distribution system failure;
and
WHEREAS, it is neither feasible nor practical to competitively bid the maintenance contract because
of the existing Trilateral Agreement, Facilities Upgrade Agreement, and Energy Management Agreement
with Ozarks Electric, because of Ozarks Electric's position as the City's monopoly power provider in
these areas, and because both the City and Ozarks Electric have an ongoing responsibility to comply
with the Arkansas Public Service Commission's rules and orders governing this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign
the Contract for Maintenance of Interconnection Facilities with Ozarks Electric Cooperative Corporation
to provide for ongoing maintenance of the City's interconnected solar power generation and battery storage
components with the electric utility grid at a cost of $20,116.00 per year.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a Contract for Interconnection of Customer -Owned Generation with Ozarks Electric and
Today's Power to further define the roles and responsibilities of each party with respect to the
interconnection of the City's solar power generation and battery storage components with the Ozarks Electric
utility grid as approved by the Arkansas Public Service Commission.
PASSED and APPROVED on 11/5/2019
Jordan.-)kayor
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Attest:
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Lisa Branson, Deputy City Clerk`"J"1111 `"\
Page 2 Printed on 1116119
. City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0679
Agenda Date: 11/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
OZARKS ELECTRIC COOPERATIVE AND TODAY'S POWER, INC. INTERCONNECTION
AGREEMENT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE CONTRACTS WITH
OZARKS ELECTRIC COOPERATIVE CORPORATION AND TODAY'S POWER, INC. TO
PROVIDE FOR THE INTERCONNECTION OF THE CITY'S SOLAR FACILITIES AT THE
WESTSIDE AND NOLAND WASTEWATER TREATMENT PLANTS WITH THE OZARKS
ELECTRIC UTILITY GRID, AND TO PROVIDE FOR THE ONGOING MAINTENANCE OF THOSE
INTERCONNECTED FACILITIES AT A COST OF $20,116.00 PER YEAR FOR THE 20 -YEAR
TERM OF THE SOLAR PROJECT
WHEREAS, on November 20, 2018, the City Council approved several contracts with Ozarks Electric
Cooperative Corporation and Today's Power, Inc. that provided for the development, construction, and
operation of solar power generation and energy storage facilities at the City's wastewater treatment plants; and
WHEREAS, on June 21, 2019, the Arkansas Public Service Commission approved the City's application for
the solar generation, net metering, and energy storage project; and
WHEREAS, the solar facilities were completed on June 30, 2019, and were interconnected with the electric
utility grid of Ozarks Electric on July 18, 2019; and
WHEREAS, City staff recommend the approval of a Contract for Maintenance of Interconnection Facilities
with Ozarks Electric to provide for ongoing maintenance of the overhead and underground electric distribution
facilities that connect the City's solar power generation and battery storage units to the Ozarks Electric grid at a
cost of $20,116.00 per year; and
WHEREAS, City staff also recommend the approval of a Contract for Interconnection of Customer -Owned
Generation with Ozarks Electric and Today's Power, which more specifically defines the roles and
responsibilities of each party with respect to the interconnection of the solar power generation and battery
storage components with the Ozarks Electric utility grid; and
WHEREAS, both agreements will be in effect for the 20 -year term of the Trilateral Agreement and are
necessary to satisfy Arkansas Public Service Commission's requirements for interconnection of the system and
City of Fayetteville, Arkansas Page 1 Printed on 11/Q/2019
File Number 2019-0679
to ensure that the solar power generation is not interrupted by a distribution system failure; and
WHEREAS, it is neither feasible nor practical to competitively bid the maintenance contract because of the
existing Trilateral Agreement, Facilities Upgrade Agreement, and Energy Management Agreement with Ozarks
Electric, because of Ozarks Electric's position as the City's monopoly power provider in these areas, and
because both the City and Ozarks Electric have an ongoing responsibility to comply with the Arkansas Public
Service Commission's rules and orders governing this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes Mayor Jordan to sign the Contract for Maintenance
of Interconnection Facilities with Ozarks Electric Cooperative Corporation to provide for ongoing maintenance
of the City's interconnected solar power generation and battery storage components with the electric utility grid
at a cost of $20,116.00 per year.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
Contract for Interconnection of Customer -Owned Generation with Ozarks Electric and Today's Power to
further define the roles and responsibilities of each party with respect to the interconnection of the City's solar
power generation and battery storage components with the Ozarks Electric utility grid as approved by the
Arkansas Public Service Commission.
City of Fayetteville, Arkansas Paye 2 Printed on 111612019
City of Fayetteville Staff Review Form
2019-0679
Legistar File ID
11/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Peter Nierengarten 10/10/2019 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date
Action Recommendation:
Division / Department
Approval of a solar maintenance and interconnection agreement with Ozarks Electric Cooperative and Today's
Power, Inc. for the interconnection, maintenance and operation of electrical infrastructure at the 10 MW of Solar
Power Generation and associated 24 MWh of Storage at the two Fayetteville Wastewater Treatment Facilities.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
$ 20,116.00
V20180321
Previous Ordinance or Resolution # Ord 6115
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 5, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CC: Tim Nyander, Utilities Director
FROM: Peter Nierengarten, Sustainability Director
DATE: October 10, 2019
CITY COUNCIL MEMO
SUBJECT: Solar Maintenance and Interconnection Agreements
RECOMMENDATION:
Staff recommends approval of a solar maintenance and interconnection agreement with Ozarks
Electric Cooperative and Today's Power, Inc. for the interconnection, maintenance and
operation of electrical infrastructure at the 10 MW of Solar Power Generation and associated 24
MWh of Storage at the two Fayetteville Wastewater Treatment Facilities.
BACKGROUND:
On January 2, 2018, the City Council adopted an Energy Action Plan by Resolution 25-18. This
Energy Action Plan was created to build a framework and energize action around the City of
Fayetteville's efforts to be a resource and energy efficient community. Included among the
Energy Action Plan's high-level goals was a City specific goal of 100% clean energy
consumption by City facilities by 2030.
On November 20, 2018 City Council approved a Trilaterial Agreement with Ozarks Electric and
Today's Power, Inc. that provides for the development, construction and operation of 10 MW of
Solar Power Generation and associated 24 MWh of energy storage at the two Fayetteville
Wastewater Treatment Facilities. The two projects, consisting of 5 MW of ground mounted
solar photovoltaic panels and 12 MWh of battery storage at each wastewater treatment facility,
broke ground on March 4, 2019.
On September 9, 2019, the City flipped the switch on 10 MW of Solar Power Generation and
associated 24 MWh of Storage at the two Fayetteville Wastewater Treatment Facilities. These
two projects moved the City's clean energy consumption from 16% to 72%.
DISCUSSION:
The Maintenance Agreement details the preventative maintenance, repair, and replacement
work that Ozarks Electric will provide for overhead and underground electric distribution facilities
behind the meter (owned by the City of Fayetteville) that connect to the solar and battery
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
storage at the two Wastewater Treatment Plants. The cost for this maintenance is $20,116 per
year.
The interconnection agreement allows the City and Today's Power, Inc to generate (and store
electricity) with the solar array and battery storage and feed it onto the Ozarks Electric grid
according to the Arkansas Net Metering rules. There is no cost for this agreement.
Both agreements will be in effect for the 20 -year term of the Trilateral Solar Agreement and are
necessary to satisfy the Public Service Commission requirements for interconnection of the
Solar Array and Battery Storage and to ensure that the solar facility generation is not interrupted
by a distribution system failure.
BUDGET/STAFF IMPACT:
The cost for the maintenance agreement is $20,116 per year. This will be paid for by the
Water/Sewer Department starting in 2020.
Attachments:
Contract for Maintenance of Interconnection facilities
Contract for Interconnection of Customer -Owned Generation
Attachment 1, Fayetteville West Identification Map
Attachment 2, Fayetteville East Identification Map
Attachment 3, Generator Interconnection Rules and Requirements 150KW and Above
ozarks
ELECTRIC
COOPERATIVE
Contract for Maintenance of Interconnection facilities
This MAINTENANCE AGREEMENT ("Agreement") is made and entered into this ��ay of
Noie til 20by Ozarks Electric Cooperative Corporation, a corporation organized under
the laws of Arkansas and Oklahoma (Cooperative), and The City of Fayetteville, each
hereinafter sometimes referred to individually as "Party", or referred to collectively as the
"Parties".
WITNESSETH:
WHEREAS, Ozarks Electric Cooperative. (or Cooperative) is a rural electric cooperative
corporation serving, among other areas, portions of the territory in and around the City of
Fayetteville, Arkansas; and
WHEREAS, the City of Fayetteville (or City), Arkansas, is a municipal corporation which
owns and operates two water and sewer treatment facilities, and 5.2 miles of electrical overhead
and underground distribution; located in Cooperative's territory at 1500 Fox Hunter Rd,
Fayetteville, AR; and 5 Broyles Rd, Fayetteville, AR; and
WHEREAS, City of Fayetteville, Arkansas, operates distributive generation for use in
providing off-peak generation to such facilities as a distributive generation owner/operator ("DG
Owner/Operator"); and
WHEREAS, the parties hereto define the terms and conditions under which the
Cooperative provides routine maintenance and repairs to overhead distribution facilities owned
and operated by the City of Fayetteville at 1500 Fox Hunter Rd and 5 Broyles Rd.
NOW, THEREFORE, in consideration of the mutual covenants and terms set forth
herein, the parties agree as follows, to -wit:
1. Scope of Agreement — This agreement is applicable to conditions under which the
Cooperative and the DG Owner/Operator agree that the Facilities (further described in
"Attachment 1 and 2") will be routinely inspected and repaired under normal and routine
conditions. A true and correct copy of Attachment 1 and 2, Facilities Identification Map showing
Zone of Maintenance, is attached hereto and incorporated by reference herein.
2. Responsibilities of Cooperative — The Cooperative will perform a bi-annual drone
inspection of all covered above ground facilities and will perform an infrared survey of all
covered facilities annually. The Cooperative will perform routine maintenance, repair, and
replacement, at its own cost and expense, to the overhead and underground distribution
facilities owned and operated by the City of Fayetteville and identified in Attachment 1 and 2.
Any transformers, switchgear or underground risers that are not directly connected or
associated with the Solar/Battery DG installation shall be excluded from this maintenance
Page I of 5
agreement. Said maintenance shall be in accordance with industry standards and prudent
engineering practice. The Cooperative shall, upon discovery or request, make routine repairs
as necessary to reasonably minimize the likelihood of a malfunction or other disturbance,
affecting or impairing the System. Annually, a summary of inspection results and necessary
preventative maintenance or repairs shall be submitted to the City.
The Cooperative will notify the City of Fayetteville or designated facility operator, when evidence
of Facility malfunction or deterioration is discovered.
3. Responsibilities of The City of Fayetteville — The Facility DG Owner/Operator will
immediately notify The Cooperative when maintenance and repair needs are discovered on the
facilities identified in Attachment 1 and 2. Further, the Facility DG Owner/Operator will
immediately notify the Cooperative of any emergency or hazardous condition or occurrence with
the Facilities, which could affect safe operation of the System.
4. Conditions not covered under Maintenance Agreement. Conditions that affect the
facilities identified in Attachment 1 and 2 that are a result of a Force Majeure event such as:
acts of war, public disorder, dig in, third party damage, rebellion or insurrection; floods,
hurricanes, earthquakes, lightning, ice, snow, storms or other natural calamities: explosions or
fires; strikes, work stoppages or labor disputes; embargoes: and sabotage that involve more
than one structure, or any two spans of wire. or one underground location are not covered under
this agreement.
5. Limitation of Liability and Indemnification
a. Notwithstanding any other provision in this Agreement, with respect to the Cooperative's
provision of electric service to DG Owner/Operator and the services provided by the
Cooperative pursuant to this Agreement, Cooperative's liability to DG Owner/Operator shall
be limited as set forth in the Cooperative's tariffs and terms and conditions for electric
service, which are incorporated herein by reference.
b. For the purposes of this Agreement, a Force Majeure event is any event: (a) that is
beyond the reasonable control of the affected party; and (b) that the affected party is unable
to prevent or provide against by exercising reasonable diligence, including the following
events or circumstances, but only to the extent that they satisfy the preceding requirements:
acts of war, public disorder, rebellion or insurrection: floods. hurricanes, earthquakes,
lightning, storms or other natural calamities; explosions or fires; strikes, work stoppages or
labor disputes; embargoes; and sabotage. If a Force Majeure event prevents a party from
fulfilling any obligations under this agreement, such party will promptly notify the other party
and will keep the other party informed on a periodic basis as to the scope and duration of
the Force Majeure event. The affected party will specify the circumstances of the Force
Majeure event, its expected duration, and the steps that the affected party is taking to
mitigate the effect of the event on its performance. The affected party will be entitled to
suspend or modify its performance of obligations under this Agreement, but will use
reasonable efforts to resume its performance as soon as possible.
6. Right of Access, Equipment Installation, Removal & Inspection — Employees, agents,
and/or contractors under the direction of the Cooperative shall have access to the premises of
the Facility DG Owner/Operator at any time to inspect, maintenance, repair, or replace covered
components of the Facilities identified in Attachment 1 and 2.
Pair 2 of 5
ozarks
ELECTRIC
COOPERATIVE �1#,►;
7. Effective Termand Termination Rights — This Agreement becomes effective when
executed by both Parties and shall continue in effect until terminated. This Agreement may be
terminated as follows: (a) DG Owner/Operator may terminate this Agreement at any time by
giving the Cooperative at least sixty (60) days' written notice; (b) Cooperative may terminate
upon failure by the DG Owner/Operator to generate energy from the Facilities within six (6)
months after completion of the interconnection; (c) Any Party may terminate by giving the other
Parties at least thirty (30) days prior written notice that another Party is in default of any of the
terms and conditions of the Agreement or the Rules or any rate schedule, tariff, regulation,
contract, or policy of the Cooperative, so long as the notice specifies the basis for termination
and there is opportunity to cure the default; (d) Cooperative may terminate by giving DG
Owner/Operator at least sixty (60) days notice in the event that there is a material change in an
applicable law, or any requirement of the Cooperative's wholesale electric suppliers or of any
transmission utility, independent system operator or regional transmission organization having
responsibility for the operation of any part of the System, No termination of this agreement by
any party constitutes a release of financial responsibility due to a rate schedule, tariff or other
separate agreement.
8. Compliance with Laws, Rules and Tariffs — The Cooperative and the DG Owner/Operator
shall be responsible for complying with the laws, rules, tariffs and regulations of the State of
Arkansas.
9. Severability —If any portion or provision of this Agreement is held or adjudged for any
reason to be invalid or illegal or unenforceable by any court of competent jurisdiction, such
portion shall be deemed separate and independent, and the remainder of this Agreement shall
remain in full force and effect.
10. Amendment — This Agreement may be amended only upon mutual agreement of the
Parties, which amendment will not be effective until reduced to writing and executed by the
Parties.
11. Entire Agreement and Prior Agreements Superseded — This Agreement, including all
attached Exhibits and Facilities Schedules, which are expressly made a part hereof for all
purposes, constitutes the entire agreement and understanding between the Parties with regard
to the maintenance of the facilities of the Parties at the Points of Interconnection expressly
provided for in this Agreement. The Parties are not bound by or liable for any statement,
representation, promise, inducement, understanding or undertaking of any kind or nature
(whether written or oral) with regard to the subject matter hereof not set forth or provided for
herein or in the DG Owner/Operator application, or other written information provided by the DG
Owner/Operator in compliance with the Rules. It is expressly acknowledged that the Parties
may have other agreements covering other services not expressly provided for herein, which
agreements are unaffected by this Agreement.
12. Assignment — At any time during the term of this Agreement, the DG Owner/Operator may
assign this Agreement to a corporation, an entity with limited liability, or an individual (the
"Assignee") to whom the DG Owner/Operator transfers ownership of the Facilities; provided that
the DG Owner/Operator obtains the consent of the Cooperative in advance of the assignment.
The Cooperative's consent will be based on a determination that the Assignee is financially and
technically capable to assume ownership and/or operation of the Facilities, which will not be
unreasonably withheld. The company or individual to which this Agreement is assigned will be
responsible for the proper operation and maintenance of the Facilities, and must agree in writing
Pate 3 of 5
to be subject to all provisions of this Agreement. Cooperative may also assign the Agreement to
another entity with the written approval of the DG Owner/Operator.
13. Notices — Notices given under this Agreement are deemed to have been duly delivered if
hand delivered or sent by United States certified mail, return receipt requested, postage
prepaid, to:
(a) If to Cooperative:
Troy Scarbrough, VP of Engineering and Operations
Ozarks Electric Cooperative Corporation
P. O. Box 848
Fayetteville, AR 72702-0848
(b) If to DG Owner/Operator:
The City of Fayetteville (City)
Attn: Peter Nierengarten, Fayetteville Environmental Director
113 W. Mountain St.
Fayetteville, AR 72701
The above -listed names, titles and addresses of either Party may be changed by written
notification to the other, notwithstanding Section 19.
14. Invoicing, Payment, and Terms — The Facility owner pay a maintenance agreement fee of
$20,116 per year for the services described herein. The cooperative will periodically re-evaluate
the cost of associated services provided herein, and reserves the right, upon notice, to adjust
the fee as appropriate. Payment shall be made in January of each year, starting in January of
2020, and continuing until the agreement is terminated. Payment for the current year (2019)
shall be waived.
15. Limitations (No Third -Party Beneficiaries, Waiver, etc.) — This Agreement is not intended
to and does not create rights, remedies or benefits of any character whatsoever in favor of any
persons, corporations, associations or entities other than the Parties, and the obligations herein
assumed are solely for the use and benefit of the Parties. This Agreement may not be assigned
by the DG Owner/Operator without the prior written consent of the Cooperative as specified in
Section 12. The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement will not be considered to waive the obligations,
rights or duties imposed upon the Parties.
16. Headings — The descriptive headings of the various articles and sections of this Agreement
have been inserted for convenience of reference only. and are to be afforded no significance in
the interpretation or construction of this Agreement.
17. Multiple Counterparts — This Agreement may be executed in two or more counterparts,
each of which is deemed an original, but all constitute one and the same instrument.
Page 4 of ti
ozarks
FLECTRIC
COOPERATIVE
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their
respective duly authorized representatives.
Ozarks Electric Cooperative Corporation
(Cooperative)
By.
TITLE: PresidenUCEO
DATE: 9
P; I _' e 5 o f 5
The
(Cit,
11-YA
TITLE: Lo -
DATE:
ozarksAML
ELECTRIC
COOPERATIVE
Contract for Interconnection of Customer -Owned Generation
This -INTERCONNECTION AGREEMENT ("Agreement") is made and entered into this 1�day
of I 16IV64)e 20 ! ` by Ozarks Electric Cooperative Corporation, a corporation organized
under the laws of Arkansas and Oklahoma (Cooperative), and The City of Fayetteville, and
Today's Power Inc., each hereinafter sometimes referred to individually as "Party", or referred to
collectively as the 'Parties".
WITNESSETH:
WHEREAS, Ozarks Electric Cooperative, (or Cooperative) is a rural electric cooperative
corporation serving, among other areas, portions of the territory in and around the City of
Fayetteville, Arkansas; and
WHEREAS, the City of Fayetteville (or City), Arkansas, is a municipal corporation which
owns and operates two water and sewer treatment facilities located in Cooperative's territory at
1500 Fox Hunter Rd, Fayetteville, AR; and 5 Broyles Rd, Fayetteville, AR; and
WHEREAS, Today's Power Inc., (or TPI), will, upon execution of associated
agreements, install, own, and maintain distributive generation in the form of solar generation
and a battery storage system interconnected to the City of Fayetteville's distribution system; and
WHEREAS, City and TPI are hereinafter collectively referred to as DG Owner/Operator,
and
WHEREAS, the parties hereto define the terms and conditions under which DG
Owner/Operator shall operate independently to produce power synchronized with the
Cooperative's system.
NOW, THEREFORE, in consideration of the mutual covenants and terms set forth
herein, the parties agree as follows, to -wit:
1. Scope of Agreement — This agreement is applicable to conditions under which the
Cooperative and the DG Owner/Operator agree that the Facilities (further described in the
Facility Schedules) will be interconnected at 12.470 kV or less, to the Cooperative's electric
power distribution system ("System"). DG Owner/Operator shall receive interconnection service
from Cooperative in accordance with the terms this agreement and in accordance with all
applicable fillings with the Arkansas Public Service Commission, as now in force and from time
amended hereafter. A true and correct copy of Attachment 1 and Attachment 2, Facility
Identification Maps, showing Point of Interconnection, is attached hereto and incorporated by
reference herein.
Page I of 10
2. Establishment of Point of Interconnection — The point where the electric energy
transitions from the wires or facilities owned by the Cooperative to the facilities provided by DG
Owner/Operator, or vice versa, is the "Point of Interconnection." Cooperative and DG
Owner/Operator agree to interconnect the Facilities at the Point of Interconnection in
accordance with the Cooperative's Operational Requirements ("Rules"), which are incorporated
herein by reference as Attachment #3. The interconnection equipment installed by the DG
Owner/Operator ('Interconnection Facilities') shall be in accordance with the Rules as well.
3. Responsibilities of Cooperative and DG Owner/Operator for Installation, Operation
and Maintenance of Facilities — DG Owner/Operator will, at its own cost and expense, install,
operate, maintain, repair and inspect, and shall be fully responsible for its Facilities and
Interconnection Facilities. DG Owner/Operator shall conduct operations of its Facilities and
Interconnection Facilities in compliance with all aspects of the Rules, and in accordance with
industry standard prudent engineering practices. The Cooperative shall conduct operations of
its electric distribution facilities in compliance with all aspects of the Rules, or as further
described and mutually agreed to in the applicable Facilities Schedule attached hereto.
Maintenance of Facilities and Interconnection Facilities shall be performed in accordance with
the applicable manufacturers' recommended maintenance schedule. The DG Owner/Operator
agrees to cause its Facilities and Interconnection Facilities to be constructed in accordance with
the Rules and specifications equal to or better than those provided by the National Electrical
Safety Code and the National Electrical Code, both codes approved by the American National
Standards Institute in effect at the time of construction.
The DG Owner/Operator covenants and agrees to cause the design, installation, maintenance
and operation of its Facilities and Interconnection Facilities so as to reasonably minimize the
likelihood of a malfunction or other disturbance, damaging or otherwise, affecting or impairing
the System. DG Owner/Operator shall comply with all applicable laws, regulations, zoning
codes, building codes, safety rules and environmental restrictions applicable to the design,
installation, operation and maintenance of its Facilities and Interconnection Facilities.
Cooperative will notify DG Owner/Operator if there is evidence that the Facilities' or
Interconnection Facilities' operation causes disruption or deterioration of service to other
customers served from the System, or if the Facilities' or Interconnection Facilities' operation
causes damage to the System. DG Owner/Operator will notify the Cooperative of any
emergency or hazardous condition or occurrence with the DG Owner/Operator's Facilities or
Interconnection Facilities, which could affect safe operation of the System.
If agreeable to the Parties, the Cooperative shall perform periodic inspections and maintenance
on specific sections of the interconnection facilities and non-cooperative owned distribution
systems in accordance with a separate maintenance agreement if entered into by the
Cooperative and the City.
4. Operator in Charge — The DG Owner/Operator shall each identify an individual (by name or
title) who will perform as "Operator in Charge" of the Facilities and the DG Owner/Operator
portion of the Interconnection Facilities. This individual must be familiar with this Agreement, as
well as provisions of the Rules and any other agreements or regulations that may apply.
5. Power Sales to Cooperative - This Agreement does not constitute an agreement to
purchase or deliver the DG Owner/Operator's power. The purchase or delivery of power and
other services that the Cooperative may require will be covered under separate agreements.
Page 2 of 10
The Interconnection Customer will be responsible for separately making all necessary
arrangements (including scheduling) for delivery of electricity.
6. Limitation of Liability and Indemnification
a. Notwithstanding any other provision in this Agreement, with respect to the Cooperative's
provision of electric service to DG Owner/Operator and the services provided by the
Cooperative pursuant to this Agreement, Cooperative's liability to DG Owner/Operator shall
be limited as set forth in the Cooperative's tariffs and terms and conditions for electric
service, which are incorporated herein by reference.
b. For the purposes of this Agreement, a Force Majeure event is any event: (a) that is
beyond the reasonable control of the affected party; and (b) that the affected party is unable
to prevent or provide against by exercising reasonable diligence, including the following
events or circumstances, but only to the extent that they satisfy the preceding requirements:
acts of war, public disorder, rebellion or insurrection; floods, hurricanes, earthquakes,
lightning, storms or other natural calamities; explosions or fires; strikes, work stoppages or
labor disputes; embargoes; and sabotage. If a Force Majeure event prevents a party from
fulfilling any obligations under this agreement, such party will promptly notify the other party
and will keep the other party informed on a periodic basis as to the scope and duration of
the Force Majeure event. The affected party will specify the circumstances of the Force
Majeure event, its expected duration, and the steps that the affected party is taking to
mitigate the effect of the event on its performance. The affected party will be entitled to
suspend or modify its performance of obligations under this Agreement, but will use
reasonable efforts to resume its performance as soon as possible.
c. Notwithstanding Paragraph 6.b of this Agreement, TPI shall assume all liability for, and
shall indemnify the Cooperative and its members, trustees, directors, officers, managers,
employees, agents, representatives, affiliates, successors and assigns for, and shall hold
them harmless from and against any claims, losses, costs, and expenses of any kind or
character to the extent that they result from TPI's negligence or other wrongful conduct in
connection with the design, construction, installation, operation or maintenance of the
Facilities or Interconnection Facilities. Such indemnity shall include, but is not limited to,
financial responsibility for (a) monetary losses; (b) reasonable costs and expenses of
defending an action or claim; (c) damages related to death or injury; (d) damages to
property; and (e) damages for the disruption of business.
d. Cooperative and DG Owner/Operator shall each be responsible for the safe installation,
maintenance, repair and condition of their respective lines, wires, switches, or other
equipment or property on their respective sides of the Point of Interconnection. The
Cooperative does not assume any duty of inspecting the DG Owner/Operator's lines, wires,
switches, or other equipment or property and will not be responsible therefor. DG
Owner/Operator assumes all responsibility for the electric service supplied hereunder and
the facilities used in connection therewith, at or beyond the Point of Interconnection, if not
mutually agreed upon in a separate agreement, which if executed, would supersede
inspection and/or maintenance terms only within this agreement.
7. Testing and Testing Records — The DG Owner/Operator shall provide to the Cooperative
all records of testing. Testing of protection systems for intermediate and large units shall be
limited to records of compliance with standard acceptance procedures and by industry
standards and practices. These records shall include testing at the start of commercial operation
Page 3 of 10
and periodic testing thereafter. Factory testing of pre-packaged Interconnection Facilities and
the protective systems of small units shall be acceptable. In the case of a factory test, the DG
Owner/Operator needs to provide a written description and certification by the factory of the test,
the test results, and the qualification of any independent testing laboratory. In addition, the
settings of the equipment being installed shall to be approved by the Cooperative prior to DG
operation. Furthermore, the DG Owner/Operator shall retest the DG Owner/Operator's
protective/synchronization equipment each time a settings change is made, and provide all
records of testing to the Cooperative.
8. Right of Access, Equipment Installation, Removal & Inspection — The Cooperative may
send an employee, agent or contractor to the premises of the DG Owner/Operator at any time
whether before, during or after the time the Facilities first produce energy to inspect the
Facilities and Interconnection Facilities, and observe the Facility's installation, commissioning
(including any testing), startup, operation and maintenance.
At any time, Cooperative shall have access to DG Owner/Operator's premises for any
reasonable purpose in connection with the interconnection described in this Agreement, the
Rules, or to provide service to its customers.
9 Disconnection of Facilities — DG Owner/Operator retains the option to disconnect its
Facilities and Interconnection Facilities from the System, provided that DG Owner/Operator
notifies the Cooperative of its intent to disconnect by giving the Cooperative at least thirty (30)
days' prior written notice. Such disconnection shall not be a termination of this Agreement
unless DG Owner/Operator exercises rights under Section 12 that do not lead to a resolution of
the issue.
DG Owner/Operator shall disconnect Facilities and Interconnection Facilities from the System
upon the effective date of any termination resulting from and required by actions under Section
13.
Cooperative shall have the right to disconnect or cause the DG Owner/Operator to disconnect
the Facilities and Interconnection Facilities from the System and suspend service in cases
where continuance of service to DG Owner/Operator will or may endanger persons or property.
During the forced outage of the System serving DG Owner/Operator, Cooperative shall have the
right to suspend service and disconnect or cause the DG Owner/Operator to disconnect the
Facilities from the System to effect repairs on the System, but the Cooperative shall use its
reasonable efforts to provide the DG Owner/Operator with reasonable prior notice.
The Cooperative shall have the right, upon reasonable notice, to suspend service and
disconnect or cause the DG Owner/Operator to disconnect the Facility from the System to allow
the Cooperative to effect routine standard planned maintenance and /or repairs on the System.
Additionally, the Cooperative may disconnect any DG equipment after written notice stating the
reason for such discontinuance has been given to the DG Owner/Operator in the event of the
following.
1) Any time service is discontinued under the terms of this Agreement.
2) If the DG Owner/Operator refused to provide the Cooperative reasonable access to
its equipment upon DG Owner/Operator property
3) Violation of any Rule or non-compliance with any applicable federal, state, municipal,
or other local laws, rules or regulation.
Page 4 of 10
4) Violation of or non-compliance with any approved tariff or this Agreement.
5) Failure of DG Owner/Operator to make application for service.
6) Failure of DG Owner/Operator to make application for service in the true name of the
DG Owner/Operator for the purpose of avoiding payment of any unpaid obligation for
electric service provided.
The Cooperative may disconnect any DG equipment without advance notice for any of the
following reasons:
1) Existence of a dangerous or defective condition or wiring or equipment on DG
Owner/Operator's premises.
2) Fraudulent use or sale of electricity.
3) Tampering with the Cooperative's controlling, regulating, and/or measuring
equipment or other property.
4) Emergency condition.
10. Reactive Power — The Interconnection Customer shall design its Small Generating Facility
to maintain a composite power delivery at continuous rated power output at the Point of
Interconnection at a power factor at or near unity, unless the Interconnection Service Provider
establishes different requirements for the reasons of system voltage stability. The
Interconnection Service Provider may require a power factor other than unity in the range of
0.98 leading to 0.98 lagging. If for the reasons of voltage stability, the Interconnection Service
Provider is required to provide the Interconnection Customer reactive power, the
Interconnection Customer shall comply with a resolution plan to be provided by the Cooperative
if necessary.
11. Insurance — TPI shall carry adequate insurance coverage that shall be acceptable to the
Cooperative, and the initial coverage shall be not less than $5,000,000.00.
TPI agrees to defend, indemnify and hold harmless the Cooperative from any and all claims
whatsoever of any nature or kind; including, but not limited to, those brought by employees or
subcontractors of TPI or any other person, including the general public, arising out of or as a
result of any failure to act, whether or not negligent, arising out of the performance of this
Agreement. No party shall be liable for revenue loss resulting from interruption or partial
interruption of service hereunder.
Notwithstanding any provisions of this Agreement to the contrary, TPI shall be responsible for all
damage to, or loss of the Cooperative's property located upon and adjacent to the DG
Owner/Operator's property, unless occasioned by causes beyond the DG Owner/Operator's
control. The DG Owner/Operator shall not authorize or allow anyone to change, alter, remove
or tamper with the Cooperative's property.
The City shall provide the same level of security as is provided to all other City infrastructure on
properties associated with this agreement.
12. Effective Term and Termination Rights — This Agreement becomes effective when
executed by all Parties and shall continue in effect until terminated. This Agreement may be
terminated as follows: (a) DG Owner/Operator may terminate this Agreement at any time by
giving the Cooperative at least sixty (60) days' written notice; (b) Cooperative may terminate
upon failure by the DG Owner/Operator to generate energy from the Facilities within six (6)
months after completion of the interconnection; (c) Any Party may terminate by giving the other
Page 5 of 10
Parties at least thirty (30) days prior written notice that another Party is in default of any of the
terms and conditions of the Agreement or the Rules or any rate schedule, tariff, regulation,
contract, or policy of the Cooperative, so long as the notice specifies the basis for termination
and there is opportunity to cure the default; (d) Cooperative may terminate by giving DG
Owner/Operator at least sixty (60) days notice in the event that there is a material change in an
applicable law, or any requirement of the Cooperative's wholesale electric suppliers or of any
transmission utility, independent system operator or regional transmission organization having
responsibility for the operation of any part of the System. No termination of this agreement by
any party constitutes a release of financial responsibility due to a rate schedule, tariff or other
separate agreement.
13. Compliance with Laws, Rules and Tariffs — The Cooperative and the DG Owner/Operator
shall be responsible for complying with the laws, rules, tariffs and regulations -of the State of
Arkansas, and the Rules. The interconnection and services provided under this Agreement shall
at all times be subject to the terms and conditions set forth in the Rules, which Rules are hereby
incorporated into this Agreement by this reference. The Cooperative shall have the right to
publish changes in any of the Rules at any time.
14. Severability —If any portion or provision of this Agreement is held or adjudged for any
reason to be invalid or illegal or unenforceable by any court of competent jurisdiction, such
portion shall be deemed separate and independent, and the remainder of this Agreement shall
remain in full force and effect.
16. Amendment — This Agreement may be amended only upon mutual agreement of the
Parties, which amendment will not be effective until reduced to writing and executed by the
Parties.
16. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including
the Rules and all attached Exhibits and Facilities Schedules, which are expressly made a part
hereof for all purposes, constitutes the entire agreement and understanding between the Parties
with regard to the interconnection of the facilities of the Parties at the Points of Interconnection
expressly provided for in this Agreement. The Parties are not bound by or liable for any
statement, representation, promise, inducement, understanding or undertaking of any kind or
nature (whether written or oral) with regard to the subject matter hereof not set forth or provided
for herein or in the DG Owner/Operator application, or other written information provided by the
DG Owner/Operator in compliance with the Rules. It is expressly acknowledged that the Parties
may have other agreements covering other services not expressly provided for herein, which
agreements are unaffected by this Agreement.
17. Assignment — At any time during the term of this Agreement, the DG Owner/Operator may
assign this Agreement to a corporation, an entity with limited liability, or an individual (the
"Assignee") to whom the DG Owner/Operator transfers ownership of the Facilities; provided that
the DG Owner/Operator obtains the consent of the Cooperative in advance of the assignment.
The Cooperative's consent will be based on a determination that the Assignee is financially and
technically capable to assume ownership and/or operation of the Facilities, which will not be
unreasonably withheld. The company or individual to which this Agreement is assigned will be
responsible for the proper operation and maintenance of the Facilities, and must agree in writing
to be subject to all provisions of this Agreement. Cooperative may also assign the Agreement to
another entity with the written approval of the DG Owner/Operator,
Page 6 of 10
18. Notices — Notices given under this Agreement are deemed to have been duly delivered if
hand delivered or sent by United States certified mail, return receipt requested, postage
prepaid, to:
(a) If to Cooperative
Troy Scarbrough, VP of Engineering and Operations
Ozarks Electric Cooperative Corporation
P. 0. Box 848
Fayetteville, AR 72702-0848
(b) If to DG Owner/Operator:
The City of Fayetteville (City)
Attn: Peter Nierengarten, Fayetteville Environmental Director
113 W. Mountain St.
Today's Power Inc. (TPI)
The above -listed names, titles and addresses of either Party may be changed by written
notification to the other, notwithstanding Section 19.
19. Invoicing and Payment — Payment terms, rates, and any other such monetary or like kind
exchanges between the cooperative and the DG Owner/Operator shall be covered in a separate
agreement, which shall not supersede any such conditions of this agreement.
20. Limitations (No Third -Party Beneficiaries, Waiver, etc.) — This Agreement is not intended
to and does not create rights, remedies or benefits of any character whatsoever in favor of any
persons, corporations, associations or entities other than the Parties, and the obligations herein
assumed are solely for the use and benefit of the Parties. This Agreement may not be assigned
by the DG Owner/Operator without the prior written consent of the Cooperative as specified in
Section 17. The failure of a Party to this Agreement to insist, on any occasion, upon strict
performance of any provision of this Agreement will not be considered to waive the obligations,
rights or duties imposed upon the Parties.
21. Headings — The descriptive headings of the various articles and sections of this Agreement
have been inserted for convenience of reference only, and are to be afforded no significance in
the interpretation or construction of this Agreement.
22. Multiple Counterparts — This Agreement may be executed in two or more counterparts,
each of which is deemed an original, but all constitute one and the same instrument.
Page 7 of 10
23. Modification of the Generating Facility - The DG Owner/Operator must receive written
authorization from the Cooperative before making any change to the DG Facilities that may
have a material impact on the capacity, operational characteristics, safety, or reliability of the
System. Such authorization shall not be unreasonably withheld. Modifications shall be done in
accordance with Good Utility Practice. Any modifications made by the Interconnection Service
Provider that are reasonably necessary as a result of modifications to the Cooperative's facilities
shall be made at the expense of the DG Owner/Operator. If the DG Owner/Operator make such
modification without the Cooperative's prior written authorization, the latter shall have the right
to temporarily disconnect the DG Facility.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their
respective duly authorized representatives.
Ozarks Electric Cooperative Corporation
(Cooperative)
BY:
TITLE: President/CEO
DATE 913o//I
Today's Power Inc.
(TPI)
BY:� '. Y
TITLE:
DATE. / 0 - 1- 19
Page 8 of 10
The City of Fayetteville
(City) .
TITLE.-
DATE:
ITLE:
DATE:
FACILITIES SCHEDULE
1. Name: The City of Fayetteville, Arkansas
2. Facilities locations: 1500 Fox Hunter Rd, Fayetteville, AR and 5 Broyles Rd, Fayetteville,
AR
3. Delivery voltage: 7200/12470 grounded Y
4. Metering (voltage location losses adiustment due to meterinq location and other: Metering
at primary voltage at the Facility location.
5. Normal Operation of Interconnection: Continuous parallel operation.
6. One line diagram attached (check one)-/ X Yes / No
7. Facilities to be furnished by Cooperative: Existing primary facilities to point of
interconnection.
8. Facilities to be furnished by DG Owner/Operator: Generation equipment and associated
lines, transformers, and internal switch, tie breaker, sensing, and relaying beyond the point
of interconnection.
9. Number of generating units:
10. Rating of each generator:
11. Cost Responsibility: DG Owner/Operator are responsible for all costs and/or fees
associated with the design, setup, planning, coordination, and construction of facilities
required or mandated by the Cooperative to accommodate the DG facilities to date and
hereinafter.
12. Supplemental terms and conditions attached (check one): / X Yes / No
13. Cooperative rules for DG interconnection attached (check one): / X Yes / No
Ozarks Electric Cooperative Corporation
(Cooperative)
BY
TITLE: President/CEO
DATE 9/fid/.?
Page 9 of 10
The City o ayetteville, Arkansas
(City)
BY:
TITLE:
DATE: I _ 6+1
Today's Power Inc.
(TPI)
�ffilffijl
1 ION
�.
Page 10 of 10
Attachment 1, Facility Identification Map
5 Broyles Rd.
Fayetteville, AR.
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ELECTRIC
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Attachment 3
Generator Interconnection Rules and Requirements I50KW and Above
Scope — This document is a technical specification for generation interconnection in instances
where interconnection is permissible through rates, tariffs or contract. It is not to be
misconstrued as the sole requirements for interconnection. Also, this guideline is meant to
cover basic requirements for most large industrial or commercial interconnected generation.
However, given the wide variety of possible generating facilities, it becomes problematic to
designate requirements for all the complex possibilities that might arise in conjunction with
interconnected generation. Thus, any additional requirements for unique installations will be
covered in an interconnection agreement between Ozarks Electric Cooperative Corporation
(OECC) and the Distributed Generation (DG) Owner/Operator. Any such requirements or
arrangements so stated in an interconnection agreement will supersede any rules stated in this
guideline. Further, these rules and guidelines will require revision and updating as technology
and techniques evolve in the industry. Thus, OECC shall have the right to publish changes to
these rules at any time.
11. Definitions
Application for Interconnection: A form that is required for application to interconnect DG
facilities with the OECC System that state the Generation System's characteristics, including
Generation Facility Capacity, desired interconnection method, Point of Common
Interconnection device type and settings, etc.
Closed Transition Transfer: Method of transferring the local loads between OECC's system
and the generator such that the generator and OECC's systems are interconnected for a short
time (100 msec. or less).
Dedicated Facilities: The equipment that is installed due to the interconnection of the
Generation System and not required to serve other OECC Members.
DG Owner/Operator: The party or parties who will own/operate the Generation System and
are responsible for meeting the requirements of the agreements and Technical Requirements.
This could be the Generation System applicant, installer, owner, designer, or operator, or any
combination of these entities.
DNP 3.0: A SCADA communications protocol.
Extended Parallel: The Generation System is designed to remain connected with OECC for an
extended period of time.
Generation/Generator: Any device producing electrical energy, i.e., rotating generators
driven by wind, steam turbines, internal combustion engines, hydraulic turbines, solar, fuel
cells, etc.; or any other electric producing device, including energy storage technologies.
Generation System: The interconnected generator(s), controls, relays, switches, breakers,
transformers, inverters and associated wiring and cables, up to the Point of Interconnection.
Lock out: To make unavailable for a close of contacts by a physical means. If a device is
locked out, it can not be physically made to close of its contacts until the lock out provision is
physically reset or removed.
Nameplate Capacity: The total nameplate capacity rating of all the Generation included in the
Generation System. For this definition, the "standby" and/or maximum rated KW capacity on
the nameplate shall be used.
Open Transition Transfer: Method of transferring the local loads between OECC's system
and the generator such that the generator and OECC's system are never interconnected.
Point of Delivery: This is also the point where the energy changes possession from one party
to the other. Typically, this will be where the metering is installed, but it is not required that the
Point of Delivery is the same as where the energy is metered. The Point of Delivery may also
be at the Point of Interconnection, but is not required to be.
Point of interconnection/Point of Common Coupling (PCC)/. The point where OECC is
connected to a Generation System.
SCADA: Supervisory Control And Data Acquisition. Equipment and communications
devices that allow control and monitoring of remote equipment from OECC dispatch center or
offices.
Soft Loading Transfer: Method of transferring the local loads between OECC and the
generator such that the generator and OECC's system are interconnected for a limited amount
of time (generally less than three minutes). If the interconnection extends beyond three
minutes, the interconnection is then defined as extended parallel.
III. General Requirements
In general, all generator installations covered under these rules shall comply with the latest
revision of IEEE Standards 1547, 1547.1, 1547.2, 519, 929, C37.90.1, C37.90.2, C62.41.2,
C62.42, and ANSI C84.1, and ANSI/IEEE 466 and Standard 80, and any other such
ANSI/IEEE standards that apply to the generation facilities referenced in this guideline.
However, in areas where the Specific Requirements in these rules conflict or detail more
stringent requirements, these rules supersede those specific areas of IEEE 1547, 1547.1, and
1547.2.
The DG Owner/Operator shall be responsible for compliance with all applicable local, city,
state, or federal codes, guidelines. Further, interconnected generation shall meet the latest
revision of the National Electric Safety Codes (NESC) and National Electric Code ("NEC).
IV. Specific Requirements
A DG Owner/Operator shall submit an Application for Interconnection to OECC before any
consideration shall be made in regard to interconnection of facilities.
Interconnection agreements: An interconnection agreement shall be executed between OECC
and the DG Owner/Operator before a Generator will be allowed to connect under any method
except Open Transition Transfer.
The DG Facilities shall not inject any abnormal voltage into the OECC system.
The Cooperative may send an employee, agent or contractor to the premises of the DG
Owner/Operator at any time whether before, during or after the time the Facilities first produce
energy to inspect the Facilities and Interconnection Facilities, and observe the Facility's
installation, commissioning (including any testing), startup, operation and maintenance.
At any time, Cooperative shall have access to DG Owner/Operator's premises for any
reasonable purpose in connection with the interconnection described in this guideline or
applicable interconnection agreement or to provide service to its customers.
A protective device shall be installed at the Point of Interconnection that shall be capable of
interrupting the total fault current available from either side of the Point of Interconnection.
This device shall have the provision to lock out the device to prevent any electronic means of
closure or any incidental manual close. This means of lock out shall either be by mechanical
mean attached on an OECC pole at a height as to not be readily accessible to the general
public, or be in an enclosure such that an OECC padlock can be installed to prohibit any close.
Depending on the size and complexity of the DG facility, a utility grade relay controlled circuit
breaker may be required as the protective device. This device may be required to communicate
via DNP 3.0.
The generator(s) on an interconnected system shall have an emergency stop button such that
the entire installation will interrupt load and bring the generators to a stop in the quickest
possible time without undue damage to the generators. The emergency stop button shall be
located such that it is readily accessible to OECC personnel and be appropriately labeled.
Acceptance testing shall be required for each DG installation and the records for these tests
shall be made available to OECC. Further testing may be required by OECC depending on the
size and type of DG installation. In addition, the settings of the equipment being installed are
to be approved by OECC prior to DG operation. The DG Owner/Operator shall retest
protective relaying on an annual basis. Furthermore, the DG Owner/Operator shall retest the
DG Owner/Operator's protective/synchronization equipment each time a settings change is
made, and provide all records of testing to the Cooperative.
Monitoring and shutdown control of the DG facilities shall be made available to OECC via the
cooperative's SCADA system.
Islanding of the facilities on the load side of the Point Of Interconnection shall be allowed in
certain instances, and shall be covered individually in an Interconnection Agreement.
An engineering study shall be required to determine the impact of DG on the OECC system
unless a v,,ritten waver from OECC is obtained. OECC retains the right to require a study or an
additional study if the DG facilities increase in size or characteristic changes are made to the
facility.
In consideration of the applicability of this guideline, the full nameplate ratings of multiple
generators at one location shall be summed and considered as the full generation capacity of
the DG facility.
The DG Otiyner,'Operator shall be financially responsible for OECC system modifications,
additions, andtor dedicated facilities that are deemed reasonably necessary by the Cooperative,
including but not limited modifications or additions of lines, structures, equipment, substations,
relaying, monitoring, communications, supervisory control, training, engineering studies and
grounding.
NORTHWEST ARKANSAS RECEIVED
NOV 19 201.9
Democrat �X;- ofazefte
CITY OF FAYE7zV1LL-
CITY C.LERK_5 J_zF1;L
AFFIDAVIT OF PUBLICATION
I, Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas
Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference to the files of said publication, the
advertisement of:
CITY OF FAYETTEVILLE
Ord. 6256
Was inserted in the Regular Edition on:
November 14, 2019
Publication Charges $ 231.40
rs _� q L L k -,(,z ;A�l,
Cathy Sta g
Subscribed and sworn to before me
This 1S day of &/ y,' , 2019.
az& lc�&
Notary Public
My Commission Expi s: 4U120Z4
CATHY WILES
Arkansas - Benton County
Notary Public -Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6256
File Number: 2019-0679
OZARKS ELECTRIC COOPERATIVE
AND TODAY'S POWER, INC.
INTERCONNECTION AGREEMENT:
AN ORDINANCE TO WAIVE
COMPETITIVE BIDDING AND
APPROVE CONTRACTS WITH
OZARKS ELECTRIC
COOPERATIVE CORPORATION
AND TODAY'S POWER, INC. TO
PROVIDE FOR THE
INTERCONNECTION OF THE
CITY'S SOLAR FACILITIES AT THE
WESTSIDE AND NOLAND
WASTEWATER TREATMENT
PLANTS WITH THE OZARKS
ELECTRIC UTILITY GRID, AND
TO PROVIDE FOR THE
ONGOING MAINTENANCE OF
THOSE INTERCONNECTED
FACILITIES AT A COST OF
$20,116.00 PER YEAR FOR THE 20 -
YEAR TERM OF THE SOLAR
PROJECT
WHEREAS, on November 20, 2018, the
City Council approved several contracts
with Ozarks Electric Cooperative
Corporation and Today's Power, Inc.
that provided for the development,
construction, and operation of solar
power generation and energy storage
facilities at the City's wastewater
treatment plants; and
WHEREAS, on June 21, 2019, the
Arkansas Public Service Commission
approved the City's application for the
solar generation, net metering, and
energy storage project; and
WHEREAS, the solar facilities were
completed on June 30, 2019, and were
interconnected with the electric utility
grid of Ozarks Electric on July 18, 2019;
and
WHEREAS, City staff recommend the
approval of a Contract for Maintenance
of Interconnection Facilities with Ozarks
Electric to provide for ongoing
maintenance ofthe overhead and
underground electric distribution
facilities that connect the City's solar
power generation and battery storage
units to the Ozarks Electric grid at a cost
of 520,116.00 per year; and
WHEREAS, City staff also recommend
the approval of a Contract for
Interconnection of Customer -Owned
Generation with Ozarks Electric and
Today's Power, which more specifically
defines the roles and responsibilities of
each party with respect to the
interconnection of the solar power
generation and battery storage
components with the Ozarks Electric
utility grid; and
WHEREAS, both agreements will be in
effect for the 20 -year term of the
Trilateral Agreement and are necessary
to satisfy Arkansas Public Service
Commission's requirements for
interconnection of the system and to
ensure that the solar power generation is
not interrupted by a distribution system
failure; and
WHEREAS, it is neither feasible nor
practical to competitively bid the
maintenance contract because of the
existing Trilateral Agreement, Facilities
Upgrade Agreement, and Energy
Management Agreement with Ozarks
Electric, because of Ozarks Electric's
position as the City's monopoly power
provider in these areas, and because both
the City and Ozarks Electric have an
ongoing responsibility to comply with the
Arkansas Public Service Commission's
rules and orders governing this project.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
determines an exceptional situation exists
in which competitive bidding is deemed
not feasible or practical and therefore
waives the requirements of formal
competitive bidding and authorizes
Mayor Jordan to sign the Contract for
Maintenance of Interconnection Facilities
with Ozarks Electric Cooperative
Corporation to provide for ongoing
maintenance of the City's interconnected
solar power generation and battery
storage components with the electric
utility grid at a cost of $20,116.00 per
year.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
authorizes Mayor Jordan to sign a
Contract for Interconnection of
Customer -Owned Generation with
Ozarks Electric and Today's Power to
further define the roles and
responsibilities of each party with respect
to the interconnection of the City's solar
power generation and battery storage
components with the Ozarks Electric
utility grid as approved by the Arkansas
Public Service Commission.
PASSED and APPROVED on 11/5/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75149041 Nov. 14, 2019