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CM-10-10-203ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing an "Agreement for Interconnection and Parallel Operation of Distributed Generation (Solar Project) with Oncor Electric Delivery Company, LLC. October 8, 2010 Department: Infrastructure Development and Construction Management Project Manager: Larry Madsen Item Summary: The attached Agreement is one of the remaining steps for final approval of the Solar PV system being installed on the City Hall Garage for the Energy Efficiency Conservation Block Grant (EECBG). The Public Utility Commission of Texas developed and approved these standard provisions for interconnection agreements. The agreement has provisions for the City's protection as well as Oncor. 7.7 Examine green energy options for the various city plants and facilities and institute Strategic Plan Relevance: as feasible. Cost: N/A Source of Funds: N/A 51221854`42 04:03:04 p.m. 12-13-2010 1 /2 • • AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION This Interconnection Agreement ("Agreement') is made and entered Into thisVaL day of U'Tt7$E tet , 20 t . by Oncor Electric is Delivery Company LLC. a Delaware Fretted lability company ('Company), and City of Round Rock, a Texas governmental agency ("Customer"), (specify whether corporation, and if so name stab. municipal corporation, cooperative corporation, or other), each hereinafter sometimes refined to individually as 'Party or both referred to collectively as the 'Pastier. In consideration of the mutual covenants set forth herein, the Parties agree as follows: 1. Scope of Agreement -- This Agreement is applicable to conditions under which the Company and the Customer agree that ono or more generating faulty or facilities of ten MW or less to be interconnected at 80 kV or less ("Fealty or Facilities") may be interconnected to the Companya utility system, as described in Exhibit A. 2. Establishment of Point(s) of Interconnection -- Company and Customer agree to interconnect Met Fadity or Facilities at the locations specified in this Agreement. In accordance with Pubic Utility Comnassbn of Texas Substantive Rules § 25.211 relating to interconnection of Distributed Generation and 25212 relating to Technical requirements for Interconnection and Parallel Operation of On Site OfsMbuted Generation, (18 Texas Administrative Code §25.211 and §25212) (the "Rules') or any successor rule addressing distrL sited generation and as described in the attached Exhibit A (the 'Point(a) of interconnection". 3. RasponalbHitfes of Company and Customer — Each Party w8, at its own cost and expense, operate, maintain, repair, and inspect. and shall be tufty responsible for, Facftlty or Fedities which It now or hereafter may own unless otherwise specified on Exhibit A. Customer shall conduct operations of its fealty(*) In compliance with all aspects of the Rules. and Company shall conduct operations on its utility system in compliance with all aspects of the Rules, or as further described and mutually agreed to In the applicable Facility Schedule. Maintenance of Facilities or Interconnection facilities shall be performed in accordance with the applicable manufacturer's recommended maintenance schedule. The Panties agree to cause their Facilities or systems to urs constructed in accordance with spedfIcatlans equal to or greater than those provided by the National Electrical Safety Code, approved by the American National Standards institute, in effect at the tine of construction. Each Party covenants and agrees to design, install. maintain, and operate, or cause the design. Instdietion, maintenance, and operation of, as distribution system and related Facilities and Units so as to reasonably minknaze the likelihood of a disturbance, originating in the system of one Party, affecting or impairing the system of the other Party, or other systems with which a Party is interconnected. Company will notify Customer if there is evidence that the Facility operation causes disruption or deterioration of service to other customers served from the serve grid or if the Fadlty operation causes damage to Company's system. Customer wit notify Company of any emergency or hazardous condition or occurrence with the Customer's Units) which could affect safe operation of the system. 4. Calcination of LIaMNfy and irdern►dflkediwa a. Notwithstanding any other prov/aloin in this Agreement, wffi reeptiat to Company's provision of Micf fc service to Customer, C.cenpany's Ii my tie Customer shall be limited as sol forth M Section 5.11 of Company's PUC -approved Motifs ► and tonna and conditions for elacbk service, which aIncesposatedlHriM, by reference. Agreement for Interconnection and Parallel Operation of Dlsl ributed Generation Page 1 City of Round Rode GN -i n -m -2o3 512 218 5442 04:03:28 p.m. 12-13-2010 2 ;8 • • b. thither Company nor Customer shall b. liable to the other for damages for any ad that is beyond such parte control including any event that Is a res* of an act of God, labor disturbance, act of tiro public twenty, war, Insurrection, riot Itse, shorn or flood axpIa fon, brrltpe or accident to may ar equipment, a cretonne nt; order, or regulation or noabledon imposed by governmo ntal, military, or lawfully *stab l:hod dv/dan authorhflis, or by the n►aldhg of necessary maths upon the p p.rty or *qui/wont of *hirer panty. cNotwithstanding Petrograph 4.b o1 this Agreement Company shall assume as liability for and shall Indemnify Customer for any clams, losses, coats, and swans*. of any *Ind or chsracasr to the extent that they moult from Company s negligence In connection with des design, construction, or agpwetion of Ns fat:Infos as described on WAN A; prvvlds4 however, that Company shah haw no obligation to Indemnity Cuseortter for daises brought by claimants who cannot recover directly liar► Company. Such indemnity shall include, but is not lynit.d to, financial responsibility for: (y Customer's memory losses; (b) reasonable coats and a (p:wise r of *Winding an action or claim made by a third person; (u) damages mlatad to the death or IrVury of a third person; (d) damages to the properly of Customer; (.) damages to the property of a third person: (h damages for tiro disruption of dee business of a third prison. M no event shell Company be liable Dior consegtrmntla4 sp.ciat incidental or punitive damages, Including without limitation, loss of profits, loos of ~onus, or lose of production. The Company does not assume liability for any coats for damages arising from the darypd n of the business of the C stornrr or for the Custom.r's costa and *opens.* of iwweeauting or defsndrng an action a claim the Company. Tfha paragraph doss not create a liability on the part of th. Company to Oro �Customer or a third person, but tequbu Indemnification where such liability exists. The Antitadons of liability provided b► this paragraph do not apply In cases of gross negllga nc. or intentional d. Notwithstanding Paragraph 4.b of this Agreement Customer shall aaswne all liability for and shall indemnify Company for any claims, losses, coats, and menses of any kind or character to the extant that they result from Customer's negligence In conn cdbn with else design, eonstnrotion or operation of Its facilities as described on Sahi b& A; provided, howevr, that Customer shall have no obligatfon on a dCompany for chorea brought by clahnents who cannot recover aNveetly Such Indernnfty she invade, but is net limbed 10, fieancctal reePenealdty for: (a) Comps monetary losses; (6) treasonable coats and expenses of defending an action or clatm remade by a third person; (c) damages rotated (o the death or Irl jury o1 a third Person; (d) damages to Mho properly of Company; (e) damages to the property of a third person; (t, damages for glee disruption of the business of a third person. le no event shah Customer be liable for consequential, special, Incidental or ~MN damages, Including without limitation, loss of profits, Ines of nevw►ue, r loss of production. The Homer does not assume sabmy liar any coats for damages arising from Mr* disruption of the business; of tin Company or for the Company's coats and expenses of musecutag or dlrndii g an action or claim against the Customer. This paragraph dose not Beate a liability on the pert of the Customer to Lire Company or a third person, but requires Indemnification wheat such Rab lit, *Wats. The limitations of Mabftity provided in this paragraph do not apply !n cases of gross negligence or Intentional w e. Compenny and Customor shad each be responsible for the sofe installation, maintenance, rept and condition of t h.Irrosp.ctNi lines and appurtenances on their respectivo aides of Me point of dolivwy• rho Company does not aesumo any duty of inspecting the Customer's lines, switches, or other equipment and will not b. responsible t hwi ora. Customer asiwn.. all rssponsalllty for the electric service supplied hereunder and the facilities used a connection 0Nm at or .beyond the point of delivery, the point of *Eng being the point whom the electric energy hest leaves tiro wins or facilities provided and owned by Company and enters the wire or facilities provided by Custwnor. Agreement for Interconnection and Parallel Operation of pislributed Generation Page 2 Cky of Round Rodc 512 218 54112 04:03:52 p.m. 12-13-2010 3 !1 • • f. For time mutual protection of the Customer end the Company, only with Company prior authorisation are the connections between the Company's service wires and the Customer's **tyke enflrence conductors to be wombed. 5. Right of Access, Equipment Installation. Removal & Inspection- Upon reasonable notice, the Company may send a qualified person to the premises of the Customer at or immediately before the time the Facility fist produces energy to inspect the interconnection, and observe the FacINtys commissioning (includingof the any ung), startup, and operation for a period of up to no more than three days altar initial startup Following the initial inspection process described above, at reasonable hour's, and upon reasonable notice. or at any time without notbe In the event of an emergency or hazardous condition, Company shall have access to Customer's promises for any reasonable purpose In connection with the performance of the obligations imposed on it by this Agreement or If necessary to meet its legal obligation to provide service tD its customers. 8. Disconnection of Unit — Customer retains the option to disoorned from Company's utility system. Customer will notify the Company of Its intent to disconnect by giving the Company at bast thily days' prior written notice. Such disconnection shah not be a termination al the agreement unless Customer exercises rights under Section 7. Customer shal disconnect Facility from Company's system upon the effective date of any termination under Section 7. Subject to Commission Rule, for routine maintenance and repairs an Companys utipty system, Company shall provide Customer with seven business days' notice of service interruption. Company shall have the right to suspend service in cases where continuance of service to Customer wit anger persons a property. During the forced adage of the Companys utiity system serving customer, Company shall have the right to suspend service in effect immediate repairs on Company's utility system, but Company shall use its test efforts to provide the Customer with reasonable prior notice. 7. Effective Term and Termination Rights-- Thls Agreement becomes effective when executed by both parties and shalt continue in effect until terminated. The agreement may be terminated for the following reasons: (a) Customer may terminate this Agreement at any thins, by giving the Company *rainy days' written notice; (b) Company may terminate upon tenure by the Customer to generate energy from the Fad lity in parallel with the party may fermi Company* system within thre months after completion of time interconnection; (0) either petty! of by a� the otic party at least sixty days prior written notice that the other Party is in any of the material terms and conditions of the Agreement, so long as the notice specifies the basis for termination and there is reasonable opportunity to ,cure the default; or (d) Corrmteary may terminate by giving Customer at least sixty days notice In the event that there is a material change in an applicable rule or 8. Governing Law and Regulatory Authority — This Agmeernerlt was executed in the State of Texas and must In all respects be govemed by, interpreted, construed, and enforced in accordance with the taws thereof. This Agreement is subject to. and the parties' obligations hereunder include operating M ful compliance with ai valid, applicable federal, sate. and local laws or crefrnetcss, and all bl regulations. orders at, and tariffs approved by, duly constituted regulatory authorities hevirg j 4 urisdic1Jonic.rules, ti. 9. Amendment —This Agreement may be amended only upon mutual agroenert of the Parties. which amendment will not be effective until reduced to writing and executed by the Parties. 10. a Exhibits and Agreement and Prior Agreements Superseded — This meant, including ail attached entice cility Schedules, which aro expressly made a part hereof for ail purposes, corstttutes th the ire agreement Poisedstanding between expressly the Parties with regard to the interconnection of line facilities bound by or liable for any statement, ro espf O� Pried for in the Agreement. The Parties ars not by kind or nature for (whether a written t, Pr . promise, kldurcemant, undersdndimg. or undenfaidng of with regard to the subject matter hereof not set forth or provided City � nnsction and Parallel Operation of Distributed Cornmeal Page 3 S12 218 54142 04:04:12 p.m. 12-13-2010 4 '8 • for herein. This Agreement replaces all prior agreements and undertakings, oral or written. bifillialiff ills Parties with regard to the subject matter hereof, including without limitation none IapecWy any prior agreements being superseded), and all such agreements and undertakings are agreed by the Parties to no lager be of any force or effect It le expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 11. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States redid ma$, return receipt requested, postage prepaid, to: (a) it to Company: Onoor Electric Delivery Company LLC Distributed Generation Manager 1601 Bryan Street; Rm. 21-065M Defies, Texas 75201 (b) It to Customer: City o1 Round Rock 231 E Mein Street Round Rock. TX 78664 The above -feted names, Nee, and addresses of either Party may be changed by written notification to the other, notwithstanding Section 10. 12. Invoicing and Payment — Invoicing and payment terms for services associated with this agreement shall be consistent with applicable Substantive Rules of the PUCT. 13. No T Ird-Pat1y Beneficlarlas — This Agreement Is not intended to and doss not create rights, remedies, or benefits of any character whatwever In favor at any parsons, corporations, associations. or entities other then the Parties. and the obligations herein assumed are solely for the use and benefit at the Parties, their successors In interest and, where permitted, !heir assigns. 14. No Waiver — The failure o1 a Party to this Agreement to insist, on any ocxcaslon, upon strict peaformance of any provision of this Agreement will not be considered to waive the obligations. rights, or duties imposed upon the Parties. 15. Headings — The descriptive headings of the various articles and sections of Oita Agreement have been Inserted for convenience of reference only and aro to be afforded no significance In the interpretation or construction of this Agreement 16. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an original but el Consetuta one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized fepresentatives. � ;� City � ' lZou � Rock, BY: 8Y: PRINTED NAME 11r""D (4/46764y PRI ►T► E JAM E'S 1414% TITLE: /c�'s�^Y' cs- �� TITLE: ._.. _ DATE: / 7/Mille DATE: ! { '-j O Agreement for interconnection nection and Parallel Operation of Distributed Generation City of Round Rock Page 4 512 218 5442 04:04:26 p.m. 12-13-2010 • • L,13'f OF EACI EXHIBIT A jJTY $�HEDUI, S AND P9INT8 OF)NTERCONNECTION FacIihr Schedule No, Name of Print d lntarmnnes5on 1. FACILITY SCHEDULE NO, 1 1. Name: Cite of Round Rock fsCust4 l,er'l 2. Facility location 1tUalmoasas. Round Rock. TX 78884 3. Delivery voltage: 2401120 volta.1 ohne. 3 wire 4. Metering (voltage, location, losses adjustment due to metering location, and other): 240/120.1 S. Normal Operation of Intenoannectlon: parallel operation (arid tie inward 6. One Mme diagram attached (check one): X Yes / No (See Exhibit 8) 7. Facilities to be furnished by Company: No specific modifications. The above kat is not Intended to be a complete Nat of al facilities that ere part of the Company Interconnection Facilities. 8. Facilities to be furnished by Customer. a) One (1) PV Powered, PVP10OKW-480, 100kW (480Vac) 3 -Phase UINNy interactive Inverter w/ 29S'800Vdc input, 100000, tested to UL -1741, and four-hundred.twenty (420) Solenvorld 240 watt per: b) M required facilities that customer needs for Interconnection and persist operation with Company including but not limited to al requirements provided by Substantive Rules x.211 and 126.212 or successor and Section 3 of this Agreement. The above list Is not intended to be a complete Nst of al facilites that are part of the Customer interconnection Facilities. 9. Cost Responsibility: Pursuant to Section 3 of the Agreement, It Is Customer's responsibility to maintain and operate its Facilities so as to mlr*nlzs the likelihood of a disturbance originating with„ Customer's Facilities which might affect or impair the utility system. In accordance with Section 3, if there is evidence that the Facility operation causes disruption or deterioration of service to other boners moved from the same grid, or if the Facility operation causes damage to Company's system. which disruption, deteriaratton of service or damage cannot be resolved by Customer. then it will be Customers responsibility to pay reasonable cosh for changes on Company's system necessary to rectify the situation. 10. Control area interchange point (check ate): Yee / X , No 11. Supplemental term and conditions: a) Changein Facility. Operation or Onsite Distributed Generation Equipment. Customer agrees tihat g. Agreement must be emended In writing to reflect the impact of any changes Customer desires to make ki the capac ty, design. speolficatkoq. operation or any of the other characteristics of the Facilities identified in this Agreement. Customer agrees that before changes areUt initiated, Customer will notify Company of its plans for e desired modifications and will submit a new Application for interconnection and Parade( Operation request for the desired b) Modification to Section 4 — Limitation of LIablNty and indemnification, Subparagraph d. Replace paragraph 4.d. with the following d. Notwithstanding Per: graph 4.0 of ties Agreement t the inexlature extent oernWt1ed du► har._Cuaibmer Mhal assume ail liability for and shall ltidamnijr Company tar any claims, be t& cr osts, and expenses of any M' d or character !b the extent t they mall (h n fan�/ss es d on E�� with the design, e�entbr�tiO,n or gligence kr connection op,vadibrr of its k Provided �� to indemnify Company holwu+rr, that Crtstlorrter that hew no (limeyought from by die who cannot recover ,e,�,ra�i6r,, (a) My shallrndttrir, but a not limited to, „.now monetary losses; (b) reasonable coals and expenses of defending an maker or claim mads by a third prior (c) damages related to the death or kikey of a thkd person; (d) damages to the property of Company; (e) damages to the properly of a third person; (*damages Aix the disruption of the business o a thbd person. Pale 1 City of Round Rock 111 Lampasas Round Rock, TX 78664 5 ;s Si 2 218 5442 • 04:04:44 p.m. 12-13-2010 6 !F; • In no event shall Customer be labia for consequential, special, incidental or pu damages, including, without limitation, loss of profits, loss of revenue, or production. The Customer does not assume Illy Ibr any costs for damages horn the disruption of the business of the Company or lir the Company's costs and expenses of prosecuting or defending en action or claim against the Cuatbmer. This paragraph doss not create a liability o part of the Customer to the Company or a thud person, but requires indemnification whoa such liability Wits. The limitations of liabny provided in this paragraph do not apply in cases of gross negtigenos or Intentional Oncor Electric Delivery Company LLC BY: PRINTED NAME: ..)A.-(// aide y TITLE: / l lahle;) r S rl�444/10:-�(Q DATE _12/1 y// a DATE: /0 5.12 218 5442 ("b 3 Owner iff 111 Installer 04:04:51 p.m. 12-13-2010 71R riff ff m � v� t?o o g a CD � m x =. 3 EXHIBIT B PAGE 1 of 2 512 218 54.42 • 04:04:58 p.m. 12-13-2010 EXHIBIT B PAGE2of2 8/8