HomeMy WebLinkAboutTB Packet 2019-05-30Special Meeting af the Ithaca Town Board
May 30, 2019 4:00 p.m.
Agenda
1. Discuss and consider autharizing the Supervisor to sign the Behind the Meter Battery
Storage System agreement between NYSEG and Ithaca Area V4jaste WaterTreatment
Facility
2. Discuss and cansider amendment to the Joint Sewer Agreement — Chair term limits
3. Discuss and consider award of contract for the Bundy Rd Intersectian Recanstruction
Project
4. Discuss and consider amendment to the Gateway Traii Agreement
5. Approval of Town of Ithaca Abstract
6. Executive sessian ta discuss the possible acquisition of real property
7. Adjourn
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TI3� I��s��l�ta���a 2019- e�uthor�izin� th� S���a�vasc�r tc� �i�� �he I��hflncl the 1Vlet�r ��ttery
�t�r;��� SYsten� ��reenlent t�etw��en 1'�I'SEi� and Ii1�ac a Area VV�ste �at�r Treatr��ent
Fac�litY
Whei-er��, New York State Elech�ic and G��s (1'�1YSEG�) is s�ons�ring a Behind the
Mcter (BTM) B��ttery Storage System Delnc�nsttatia�i Pr�gl•am thrc�tilgh May l, 2021, anci
Whereas, NYSEG is seeking to conduct Chis de�Ylonstration pro�;ram at various Commerci�tl a��d
Inclu�t��ial sit�;s �zleeting specific power usage� ancl sitc 1oc��tic�n rec�uirements in NYSEG's "Energy
Srl�art C�7rl�ln�unity," and
Whez�eas, eli�ible Customers who participate in th� prograrn wi11 help NYSEG tesC nEw ways t�
m���ke th�, e]eetric �,rid more flexible ancl ta incluc�e rx�c�re rer�te�wable energy soLlY-ces intio the
existing �,yste;rn, and
Wh�i�eas, the Ithdca Area Waste �ater Treat�lzze�rt� Facility (i,AWWTF) was determ.ined ta �be an
eligi�le Cust��n�cr �tfter a prelinlinary revicw wtlich incl�.zded G�n inspection of the premises ��i��ci �t
re;view af 1listo��ica1 elcctr-icity usage data by NYSEG, Gtnd
Whereas, NYSEG c�esires tc� enter into an ���ree,ment with thc IAWWTF foY- a BTM pro�ram, �irlcl
Whcrcas, the cc�ndition� of the agreement �rovid� a no-cc�st-to-Customer BTM on the pr�en�ises,
and
Whei���s, trlc agi�eement �provides Che IAWWTF with �u��r�n�Ceed electricity bill s��vings, increased
cc�nti�l over energy us��ge, and increasecl sustainat�ility, ���nci
Whei-e�s, the a�reernent projects a net el��ct�-ic��1 savinbs to ttle IAWWTF of $459.56 pez� n�onth
with r� �*tiz�rant�ecl riet savings of at lea�� ��Ic>, ��nd
Wher-eG�s, �fter a two-year trial peri�d, t�he IAWWTF will have the apportunity to purchase 1he
l�attery 1'r�n�� NYSEG, renewing the� subscriptic�n ��re�.m�nt, ar discontinuing the p��rticipat�ic�n in
the pro�rarz�, now t�llerefore be it
Res��.lvecl, thc S��e�cial Joint CommiCtee (SJC�) auth��rices �i ��t�-cost BTM Demonstratic�n Agree�-��ent
between the IAWWTF and NYSEG subsCantially in Chc forn� attached, and be it fti�rth�r
Iz.esc�lv�,d, t�hat t�7e Town Baard of the Town ��f Ithaca authorires the Town Supervisor t�� s.ign t�1�
agree�nent betwcen the IAWi�VTF and NYSEG on behalt o�f the Town of Ithaca, and be it fui-thei�
Resalved, that tl�c terms of the agreem�nt w.ill be �rorn t�he effective date of signaCure thi�ough May
l , 20� l .
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BEHiND THE METER BATTERY STORAGE SYSTEM (BTM)
DEMONSTRATION PROGRAM PRELIMINARY AGREEMENT
This BTM Demonstration Pragram Preliminary Agreement ("Preliminary A�,reemenY') made and entered inta as of
{the "Effective Date") by and between New York State Biectric and Gas Corparatian ("NYSEG") and the follawing customer
{"Customer") (collsetively, "the Parties"}:
Name of Customer
Address Address ofBattery Installation
City and State
NYSEG Account 1*tumber
NYSEG Meter Number
City and State
l. Subject.
Subject to the terms and conditions cantained in this Preliminar,y A�reement, Custorner egrees to provide NYSEG ac its approved
contractor with inforrnation and access ta the location set farth above {the "Premises"} for the purpose af assessing Customer's
eligibility ta participate in NYSEG's BTM Demonstratian Program {hereafter the "Demonstration Prog,ram"}. If NYSEG
determines the Customer is eligible ta participate, and Custamer agrees to enroll in the Demonstration Pragram, NYSEG shall
suppty the Custamer with a Battery Storage System and associated camponents (hereafter, such Battery, its components and any and
all replacements of the foragaing are tagether referred ta as the "BSS"). NYSEG or its appraved contrac#ar{s} shaIl install the BSS
at the Fremises at no cost ta the Customer.
2. Scope of the Preliminary Agxeement and the Custamer A egr ement.
By signing this Preliminary Agreement, the Customer agrees to provide NYSEG or its approved contractor with information
regarding the Customer's histaric etectricity usage and reasanable access to the Pramises during regular business hours and at a
mutually agreeabte time for the purpose af assessing, among other things, construction feasibility and potential Custorner savings
and fees expected to result frorn the Customer's participatian in the Demonstration Program {"Project Assessment"}. If, a8er
canducting the Praject Assessment, NYSEG determines the Custamer is eligibls to enroll in the Demonsiration Praject, NYSEG
shal( present the relevant results of the Praject Assessment, including ths Customer's estimated monthly savings and fees, in a form
identicai or ctosely similar ta the Customer A reement, a template of which attached hereto as Exhibit "1". The Custorner
Agreement incorporates by reference ali terms and conditions contained in the Preliminary Agreement. The Preliminary Agreement
and the Custamer Agreement, mutually signed and executed by the Parties, will hereafter be referred as "the Agreennents."
Neither Party shall be baund to praceed with the installation af the BSS at the Prernises, or ta atherwise participata with the other in
the Demonstration Program, unless and until both Parties have executed this Preliminary Agreement and a version af the Customer
Agreement, or a closely similar document, setting forth the Customer's estimated manthly savings and fees expected to result from
the Customer's participation in the Demonstration Pragrarn. Notwithstanding the terms set forth herein, the Custorner's enrallrnent
and participation in the T3amonstratian Program, pursuant ta the terms of the Agreements, is subject ta the approval af the New
Yark State Public Service Gommission ("PSC").
3. Instaliation.
NYSBG ar its approved coniractar shal] install the BSS at the Premises at no cost to the Customer. Such installation shall include
alt necessary electrical fencing, wiring and other setup work deemed necessary by NYSEG or its approved contractor to operate the
BSS far the purpose of the Demanstration Program. The Custamer acknowledges and agrees that any cost to instaii the BSS that is
not provided far in the attached Custamer Ageement, shatl be the sate responsibility af the Custorner {i.e. landscaprng}. Follawing
instattation af the BSS at the Premises, and unless otherwise agreed to by NYSEG, the Customer shall bear all responsibility and
cost for removing the conduit therefrom. Unless otherwise agreed, NYSEG will abandan the canduit in place and restore the
affected property to originai grade, if applicable, NYSEG shatl install the BSS and canduit wiring associated with the BSS on the
Premises in accordance with all tocal, state and federat guideiines and in compliar�ce with NFPA 10- National Etectric Goda.
4. Term.
The terms af the Agreements shall comrrtence on their respective Effective Dates and continue until May 1, 2022 (the "Terms"). No
less fhan thirty (30) days before May l, 2021, Customer shall notify NYSEG either af its intent to keep the BSS at the Premises
under a new contractuat arrangement, or that Customer wishes to have the BSS removed fram the Prernises. NYSEG shall maintain
the discretion to refuse to enter into a new contractual arrangement with the Customer. If there is na new contractual arrangennent,
NYSEG will remove the BSS from the Premises at no cost to Customer, upon advance notice and at a mutually agreeable time.
NYSEG shall restore the Premises to at least as good a condition as they were in priar to BSS installation. If Customer has failed ta
give NYSEG notice af its intention with respact to the BSS within thirty (30) days befare May l, 2421, NYSEG reserves the right to
{i) automatically re-enroll the Customer in an energy project on similar terms as set farth in the Agreernents; or {ii) enter the
Premises and remove the BSS at a commercially reasonable and mutually agreeable time. In arder to re-enroll the Customer in a
new term, NYSEC shal[ provide Customer with notice of this thirty {30} day deadline at least fifteen {15) and not more than thirty
{30) days before tha deadtine.
Savings will only be guaranteed during the initial Term of the Customer Agreement.
5. Tsrmination.
The Agreements may be terminated by NYSEG: {i) upon a breach by Customer af any ather condition of the Agreements to be
performed ox observed by the Custamer, which breach is nat cured within ten (10} days of NYSEG's written notice to Custamer of
the same; {ii) upon the completion af the Demonstration Program, at least thirty (3Q} days prior written notice af which shall be
provided by l�lY SEG ta Custamer; or (iii} immediately upan Customer's natification ta NYSEG of a sale or transfer of the Premises
in accardance with Section 14 hereof.
The Agreements may be terminated by Customer: {i) upon a breach by NYSBG of any candition of the Agreements to be performed
or observed by NYSEG, which breach is not cured within ten {10) days of Customer's written notice to NYSEG of the sarne; or (ii}
upan completion of the Demanstration Program, with notice from Customer to NYSEG as provided in this ag,reement. In addition,
Customer may terminate the Agreements without cause upan thirty {30} days priar written notice provided by Customer to NYSEG.
Upon termination of the Agreements as set forth herein, Customer shall provide NXSEG with reasonable access to the Premises
during regular business haurs at a mutually agreeable time so that NYSEG may take passessian of, discannect and remove the BSS.
Custamer surrenders any claim or right of action for trespass caused hy reason of such entry, disconnection and removal. In the
event the Custamer elects to terminate the Agreernents without cause befare May l, 2421 and have the BSS removed from the
Premises or otherwise discantinue participation in the Demonstration Program, Customer shall be subjec# to an early terminatian
charge, as set forth in the Custamer Agreernent.
Termination by NYSEG pursuant to this Sectian shatl not constitute a refease of Customer fram responsihility to pay for damage ta
the BSS caused by the negligence, recklessness or intentianal wrongful acts af Custamer ar thase under its control, nor wilt it
prejudice NYSEG from pursuing any other remedies to which it otherwise might be entitled on account of breach by Custamer of
the Agreements. Customer shall be liable for all reasonable legal fees and costs incurred by NYSEG in the enforcement of iis rights
hereunder.
6. Ownershi,p and Operatian.
The BSS shall at att times be the sale and exclusive property of NYSEG during the Term. Customer shall have no property interest
in the BSS during tha Term in accordance with the terms of the Agreements. The BSS shall only ba operated in accordance with
applicab]e manufacturer's manual of instructions {the "Instructions"). VVithout limiting the Customer's other obligations under tha
Agreements, Custamer specificatly acknawledges and agrees that;
• Customer shall nat operate the BSS for ather uses than the purpose of the Demanstration Progam during the Term, unless
in an emergency or otherwise agreed to in writing by the Parties;
• Customer shall not remove, relocate, tamper with, adjust, make alterations ta, or repair the BSS without prior natice to
NYSEG;
• Customer shall not damage the BSS or remove or deface the nameplate identifying the BSS as the property of NYSEG;
• Customer shall provide NYSEG or its approved contractor with reasanable access during regular business haurs and at a
mutually agreeable time ta the BSS or any area of the Premises necessary far NYSEG or its approved cantractar to read
the meter, inspect, repair, maintain ar disconnect or remove the BSS, to measure electricity usage by the BSS, or to
otherwise enforce its rights under the Agreements;
+ NYSEG daes not sell lists of 'rts customers, their mail or electronic addresses, ar any inforrnation that would identify a
specific custamer. NYSEG will not share such information except as rnay be required by regulatory or law-enfarcement
agencies, ar as necessary to obtain assistance or direct referrals for customers etigible for special programs such as low-
income assistance ar energy-efficiency improvements.
Customsr hereby acknowledges and agrees that any use of the BSS other than as permitted herein or in contravention of the terms
and conditions af use as set forth herein constitutes a misuse of the BSS and a breach of tha Agreements.
7. Renairs.
Custamer shall provide timely notice to NYSEG in the event that Customer becomes aware the B3S requires any repairs, and
NYSBG or its approved representative shall, at its cost and expense, make such required repairs, ta the extent repair is necessary;
provided, hawever, that repair costs resulting fram Customer's misuse af the BSS shatl be Customer's sole and exclusive
respansibility. Notwithstanding the foregoing, NYSEG shall have no abligation whatsoever with respect to maintenance and repair
of the wiring and conduit installed or connected to the BSS by the Customer or a third-party without NYSEG's express
autharization; maintenance and repair of such wiring shalt be Customer's sate and exclusive responsibility.
8. Fees & Savines.
Except as provided in the Customer Ageement, attached hereto, the Customer shall be exempted from NYSEG's standard
instaliatian and equipment fees with respect ta tha BSS daring the Term. Following NYSEG's completion af the Praject
Assessment, NYSEG wili present an updated version of the attached Custamer Agreement detailing the Customer's estimated fees
and savings resulting from its participation in the Demanstration Program.
8(a}. Subscription Fees — Custamer will be charged a Subscription Fee on its monthly bill in cannection with its participation in
the Demonstratian Program. As detaited in the attached Custamer Agreement, this monthly Subscription Fee will 6e more than
offset by the deerease in the Customer's monthty "demand charge" as a direct result of the Castomer's use of the BSS. NYSEG
guarantees that the Customer's monthiy demand charge savings will exceed the Customer's m;onthly Subscriptian Fee.
$(b). Utility Bills — As part af the Customer's enroliment in the Demanstration Program, NYSEG guarantees the Custorner will
benefit from inwer monthly demand charges. Such guarantee is expressly conditioned on the Customer praviding NYSEG
with (3b) day written notice whenever the Customer plans on reducing ar increasing its eieciric toati by more than 10°/a of its
-
-- - ----- - - --- - - - -
maximum demand, which is �. Customers will be given access to a web portal enabling the Customer to
campare i#s monthly demand charge savings from the Demonstration Pragram with what the Customer's bil] wauld have been
had the BSS not been installed.
9. Liabititv for Damage.
Subject ta Section 6, Custamer shall be liable for ati damage to the BSS caused by Custamer's negligence, recklessness or
intentianal wrongful acts, including but not limited to all damage and injury resulting from Customer's misuse of the B3S, daring
the term of this Agreement and white it is on the Premises, and shall pay to NYSEG the reasonable value of the BSS or any part
thereaf that has been sfl damaged, ardinary wear and tear excepted, within thirty (30) days after NYSEG's writtan demand therefar.
10. Indemnification.
Each Party shall defend, indemnify and hold the other, and its respsctive afficers, directors, elected afficials, emptoyees, agents,
a�liates and representatives, hartnless from and against all claims, lasses, damages and expenses, 'rncluding reasonable aftorneys'
fees, to the extent such claims, tasses, damages ar expenses (i) are caused by the Party's own negligent acts, errors or omissians or
{ii} arise aut af the Pariy's own breach or non-performance of this Agreement. In the event ctaims, losses, damages ar expenses are
caused by the joint or concurrent negligence of the parties, they shall be barne by each party in proportion to such party's
negligence.
11. Notices.
Any natices required to be in writing under this Ageement shall be delivered personally, by maiI postage prepaid ar by avernight
courier to the addresses af the parties set forth herein. Any notice so given shatl be deemed given on the date delivered. In addition
to the foragaing, Customer agrees to notify NYSEG in writing at least thirty (34} days prior to any sate or iransfer of the Premises
and to notify any prospective purchaser ar tenant af the Premises that NYSEG shall retain title to the BSS.
12. Miscellaneaus.
The terms of the Preliminary and Customer Agreements embodies the entire agreements and conditions relating to the subjeet
matter hereof. The Agreements may only be amended or madified by an instrument in writing duiy executed by the parties hereto.
The Agreements shall be governed by and construed in accordance with the Iaws of the State af New York without regard to its
conflict af laws principles. The waiver by NYSEG ar Customer of a breach or provision of the Agreements shall nat aperate or be
construed as a waiver of any subsequent breach by any of the parties hereto. The Ageements shall be binding upon and inure to the
bene�t af the parties hereto and thair respective heirs, executors, administratars, successors and assigns. Custorner understands that
the Gustamer's electric service is provided under NYSEG's Terms and Conditions. NYSEG's Terms and Conditions may be
amended from time to time by the PSC, and snah amendments will become applicabla to the Agreements on the effective date of the
amendnnents. In addition to the foregoing, this Agreement and the Demanstration Prograrn are subjeet to any and all decisians,
orders, rulings, directives or determinations made by the PSC as the PSC may issue from time to time (including but nat limited to
modifcatians to or termination af this Agreement andlor the Demonstratian Program).
NOTICE TO CUST4M�R: THIS IS A DEMONSTRATION PROGRAM. YOU ARE NOT BUYING TFIE BSS
PURSUANT T4 TIiIS AGREEMENT. DO NOT SIGN THiS AGREEMENT BEFORE YOU READ IT. YOU ARE
ENTITLED TO A COMPLETE COl'Y OF TFIIS AGREEMENT WFiEN YOU SIGN IT.
CUSTOMER
Customer's Signature
New York State Electric and Gas Corporation
NYSEG Representative
I have read and understand the terms and conditions of this BTM Battery Storage Demonstration Program Preliminary Agreement.
I hereby consent to the use o� my historic electricity usage and shall grant NYSEG access ta the Premises as described in this
Agreement for the purpase of determining my eligibility to participate in the Demonstraiion Program. I understand that NYSEG
maintains sole discretian ta determina eligibiiity far the Demonstratian Pragram based on the results of the Praject Assessment,
described above.
4wner's �gnature
Exhibit 1
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This Custoi��er Agreement 'rs rnade and entered into as of (the `°Effective Date") by and between New
York State Electric and Gas Carporation ("NYSEG") and the following custorner ("Custorner"):
Name of Customer
Address
City and State
"Premise" or Address of Battery Installation
NYSEG Account Number
NYSEG Meter Number
This Customer Agreeme�lt incorparates by reference all terms and conditions agreed bet-�veen the Parties under the
Prelirnrnary Agreement dated . This Customer Agreement together with the Preliminary Agreement,
mutually signed and executed by the Parties, are hereafter callectively referred to as "the Agreements."
Summarv
NYSEG is offering the Custamer the ppportunity to participate in the Behind the Meter (BTM) Battety Storage
System I)emonstration Program (the "Demonstration Program") through May 1, 2021. NYSEU is proposing ta
install at no cost to the Custamer a batkery storage system at the Premises. Customers participating in the
Demonstratian Pragram will have guaranteed electricity bill savings, increased contr�ol ovet• energy usage, and
increased sustainability.
� Participating in this project has the potential to save you money an your electric bill
• We guarantee a measurable savings (even with the subscription fee included) on your
total electricity bill resulting from using the battery
•After the two year trial period, you will have the opportunity to purchase the battery
from NYSEG, renewing the subscription agreement, or discontinuing your participation
in the program
•You wiltl receive access to a portai that will allow you to rraonitot your energy usage, the
performance af the battery, and the savings the system is realizing for you
>By part"ccipating in this demo project ypu will heip us test new ways ta make the electric
grid mare flaxible and to include more renewable energy sources in our energy mix
•A behind-the-meter battery has the potential to support electrification of heat and
transpartation and therefore decrease your carbon footprint
Exhibit 1
Bacic�round
This is a REV Demonstration Project to install Behind-the-Meter Batteries {BTM) at a collection af Cornmercial and
Industrial sites in NYSEG's Energy Smart Community.
The batteries will be installed a# Customer sites and used ta provide a number of behind-the-meter services for
Customers and the.utility, including:
➢ Demand Charge Reduction
➢ Demand Response {DR) Participation*
*Note that a customer enralled in this project cannot participate in ather DR programs while
enrolled.
Costs and Savin�s
In order to determine the Customer's eligibility to participate in the Demonstration Pragram; NYSEG or its appraved
contractor will conduct an inspection af the Premises and review the Custorner's historical electricity usage data
{"Project Assessment").
Based on the results of NYSEG's Project Assessment, the Customer's estimated Subscription Fee and utility bil]
savings will be shown below in Table 1. The table provides the Castomer size, the number af lacations, the average
power and capacity determined by the Customer's usage information.
fI'able 1: Samble Resul�s. sa�bscriptio�s, anct saving�
-
Table 1 shows the average power and capacity of the customer. The custamer embedded Ioad data �le �ta_be
�___-:_..___--- -�_..__._:._--
pravzded wi#h the final yersion of this doaument} from 2016 and 2Q 2'7 shows an average of 404.77 KW, 152470
1cWH. The 11+1ax is 615.6 kW and 220632 kWH.
The guaranteed monthly savings will be deterrriined based on projectians developed by 2�1YSEG in coliabaratian with
the third-pariy vendor using the Custamer's historical usage data and an analysis af the Customer's operations and
energy usage behaviors. This analysis will factor in the estimated rnonthly Subscription Fee, which will be designed
in such a way as to maintain the guaranteed level of savings every month. The guaranteed manthly savings wi1L be
based off of a comparison of the Custamer's demand charge for the manth with the usage af the baitery included and
what fihe Customer's demand charge would be if the battery was nflt used. The farmula for calculating the Customer's
percent savings can be seen balow:
% Savings = {Db — �"6 }
Dy
2
E�a.ibit 1
Where De = Custamer's manthty demand charge with the battery operating,� D„a = Customer's monthly demand charga without
the battery operating
'I'he Customer will be able to track this value in the online portal provided by the vendor {screenshot to be provided
once vendor is secured}. In the event that the guaranteed monthly savings is not met in any given billing period,
NYSEG will provide a credit an the Customer's bill in the amount required for that savings to be realized. A
Subscription Fee will be autornaticatly added to the Customer's detivery hilt overthe course ofthe pilot Demonstration
Program thraugh May 1, 2021. �
NYSEG wiil guarantee no increase in your tatal monthly electric delivery costs as compared with not utilizing the
battery.
Customer shall provide (30) day written notice that the Customer plans on reducing or increasing its load by more
than 1 Q% of their max demand.
Equipment and Items to be ,pravided bv IYYSEG
• Battery Manufacfurer and Size based on Custorner data and sits visit
• Size and the exact configuration of the battery installation wilt vary by the size of the host Customer's laad.
• Web Portal access
• Analysis if the Customer would benefit switching rates ta further optimize savings potential
Locatian of Batterv Starage
. ,... .._ . _. . �
Individuals representmg NYSEG and Custarner met on pate. _ �to determine the best iacation to instalt
the battery storage system. Installation costs were considered as well as the following installation constraints:
• Space Available
• Customer's aperatians
• Proximity fram Panel
• Ease af Canstructian
• EnvironmentaUSoii ConditionslTesting
• Undergraund utility tacations
NYSEG's Scope af Wark far ConstrUction .iSample)
• The systems witl ali be installed outdoors
• Pult Local permit and fire permit
• Dig trench for conduit
• Run canduit fram eFectrical panel to battery storage system
• Install concrete pad size (X' x X')
+ Set up communications or telemetry for Customer aggregation software
+ Arranged Outage ta energize battery, if necessary
• Commissian Battery Storage System
• Test Communications Systems
• Instail NYSEG Battery Storage Dernonstration sign at location, if sign is allowed by zoning and does not
interfere with Custamer's operations
• Training of portal
Out of Scope lSamble)
Exhibit 1
• Landscaping, except NYSEG will restore the affected praperty to �riginal grade, if applicable, under the
circumstances described in the Preliminary Agreement
• EnvironmentallSoil Remediation for conditions nut caused by NYSEG
• U�gading Customer ElecMcal Panel
One Line Drawing �(Sample)
Pictures of Location (Samolel
Schedute : Samplel
Early Termination Charge
In the event the Custamer elects to terminate this Agreement withoat cause before May l, 2021, Custamer shall be
subject to an earIy terminatian charge. The early termination charge for the Customer will be the remaining net
customer savings thraugh the end of the Demonsiration Program's Term.
'�ple
A large customer wants to terminate the agreement atier l0 months.
be 14 months and the net custorner savings per rnonth is $489.01.
$489.01 x 14 manths = $6,846.
End af Demonstration Pro�ram
The remaining life of the demo agreement would
The termination fee in this example would be
The Term of the Agreement will be fram the Effective Date stated above through May 1, 2021. As set forth in Sectian
4 of the Preliminary Agreement, at the end of the Term the Parties will have the option of either entering inta a new
contractual arrangement whereby the battery would remain on the Premises for the Custorner's general use, or
discantinuing their contractuaI arrangement and having the battery removed from the Premises by NYSEG or its
approved cantractor.
Remavals
Unless the parties enter into a new contractual agreement, upan the end of the Term, or termination of the
Agreernents, whichever eoznes first, l*tYSEG will remove the follawing from the Premises:
• Battery System
• ' Slab
• Fencing
• Underground conduit will be capped at battery storage tocatian and the rest will be abandoned.
NYSEG will restore the affected property ta ariginai grade, if appticable.
4
Exhibii 1
BEHIND T�IE METER BATTERY STORAGE SYSTEM (BTM}
DEMONSTRATiON PROGRAM AGREEMENT
Date Preliminary Agreement Signed
Date Bxhibit 1 Signed
CUSTOIVIER New Yark State Electric and Gas Corporation
Customer's Signature NYSBG Representative
I have read and understand the terms and canditions of this BTM Battery Storage Demonstrarion Progam Agreement
and E7chibit 1. I hereby consent to the use and installatian of the Battery Starage System at the Premises pursuant to
the terms and conditians contained in the Agreement and Exhibit l.
Owner's Srgnature
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� �� � �� , � �„v._
1�IEI�'TIPd(� �F TI��; T'I,�I�1C�A '�'CiWI� �t��I2� „
�'l��'•:�d�y,1�1;ay 3U� 201�
T� Res�l�tioi7 20�19 -: Ap�st°�val �f' �n ain��s�rr►�nt i�s t�� .Tair�� �ewer A�r�ernent t�
Elin�inate the �h�ir ea�son terni �ira��t and authoriz� th� 1'o�r� Su ervisar t� si n on
behalf mf th� T'o��n
Whereas, �tl�ie Ithaca Area `i�V�stew���tei� Ti�e��tit�ent Facility ("IAWWTF") is owned and
operaCed k�y the City c��i� lthaca, Towz7 0� Tthac��, arld Town of Dryclerl ("Mtanicipal
Owners"), with overs�igtlt prov.i�led thr-�c�gh this Spccial Jc�irit Cor��nittee ("SJC")
compased of' represent�tives �rc�ni th� thl��ee M�.inicipal C7wnei-s,
Whereas, tl�e M�.�nici�al C7wner-s entez-ed into a I�ecezYz��er 31, 2003 Joint Sewer Agreer�lent
that goveins IAWWTF �zc�n��iilistr��t�ion aild operatic��ls,
Whereas, Section 13.3 c7f the J�aint Sewei- A�rcement prc.>vides a5 foll�ws:
"13.3 The SJC will el�ct �its own chairpeg�son �nYlually and s}za11 establish scheduled
monthly �neeting ci��tes t�� provicle fc�r tir7le:ly r•eferr��ls to �he Parties' i�especCive boards
c�r gc�verning boc�ies. No ct�air-�erson sh��1l serv� for Znore thail two consecutiUe c�ne-
year te���z�s l�ut 1z�iay be Y-e-electecl a�Fter �� xzzirli�n�im af a one-term �eric�d has ela�sed
since that ��ers��n last served ��s c�laiipersc�n."
Whei-�as, a�t its meeting on F�.�rliary 20, 2019, the� SJC acio�tecl �1 resoluCion recc�rslrnending
eli�nina'Cion �f the lirzlit an a c�h�ii�pers�an servirig ��Z��re th�n two coilsecutive Cerms, l�ecause
it o1'te�1 takes an SJC ch�tirp�rsc7�1 nzore than a year to devel�a�7 enc�ugh urlderstancling of ihe
IAWWTF anc� Che chairpersor� ral�; to fLanction efficiently �zid ef'�fcetively with tlze other
SJG rneznber-s and staff",
�hTtlereas, Se�tion 17.1 c,7f the Jc�int Sewez� Agreement pr�vides that it m��y be amended as
follows:
"17. ] This Agre�nz��1t m4�y l�e nzc�difieci c��i�� �mended by an instr�.ir7�ent in writing, cluly
executEci and ��ck���wle;dgecl hy the cicily au�Ckic�riced rep�-ese�ltatives of eaeh Party, cip�n
approv�l by ��lajor-it�y vote a�t the voting �trengCh c�f the r-es��ective; �overni�lg bodies of
saicl Party.,,
Resolved, the Town of Ithaca a��prc7ves ��ncl autiloriz�s the Tth4ic�i Town Supervisor to
execute an amendment to the Joint Scwer Agre;em���1t, sul�jcct tc� the �pproval of the
Aitorl7�y foi• �l�e 'I'r�vvi�, tl�at ��lit�7iinates Cl�� c1�aiY•��7ersc�r� Cei-rn liznit ��y ciel�ting t�7e sec�ncP
sentence iu Sectic�n 13.3, sc� th��C Sectic»7 13.� re�lcls ��s tollows:
"13.3 The SJC will elect� it� �wn ct14��irp�rs��n annually and shall est��blish scheduled.
monthly meeting dates to provid� for Ci.me�y referi��ls tc� the Parties' respective l�oards
or governing �boclies."
1VMoved: Secondecl: -
Vote. _ _
. Date;,
AI�ZENDl�'iENT TU J4INT SEWER AGREEMENT
AMONG CITY QF ITHACA, T4WN C1F ITHACA AND TQWN QF DRYDEN
This Amendment to the Jaint Sewer Agreement is made by and among the City of Ithaca, Tawn
af Ithaca, and Town of L}ryden {the "Parties") and is effective an February 20, 2019.
Whereas, the Parties' Jaint Sewer Agreement, dated December 31, 2003, provides in Section
13.3 as follows:
"13.3 The SJC [Special Joint Committee] wi11 elect its own chairperson annually and
shall establish scheduled monthly meeting dates to provide for timely referrals ta the
Parties' respective boards or governing bodies. No chairperson shall serve for more than
two consecutive ane-year terms but may be re-elected after a minimum of a ane-term
period has eiapsed since that person last served as chairperson."
Whereas, the Parties wish to eliminate the chairperson's term limit,
NOW, THEREFC}RE, in cansideration af the agreements contained herein, the parties agree as
faliows:
1. Section 13.3 of the Jaint Sewer Agreement is amended by deleting the second sentence in
Section 13.3, so that Section 13.3 reads as fallaws:
"13.3 The SJC will elect its own chairperson annually and sha11 establish scheduled
monthly meeting dates to provide for timely referrals to the Parties' respective baards or
governing bodies."
2. This amendment shall take effect on the date written above.
IlV WTTNESS WHEREOF, the Parties have caused this Agreement ta be executed by their duly
authorized officers on the day(s) and year set farth below.
M • .. :
I:
Svante L. Myrick
NIayor
Date:
Page 1 of 2
Amendment to Joint Server Agreemerat
Arraong City of Ithaca, Town af Ithaca, and Totivn of Dryden
TOWN OF ITHACA
By:
William Goodman
Supervisor
TOWN OF DRYDEN
By:
Jason Leifer
Supervisor
By:
Alice Green
Dryden Town Board Member
By:
Daniel Lamb
Dryden Tawn Board Member
By:
Linda Lavine
Dryden Tawn Board Member
By:
Kathryn Servoss
Dryden Town Board Member
I}ate:
Date:
Date:
I}ate:
Date:
Date:
Page 2 of 2
���a�,y����� ���� p Nryry�j,y
� ^������ ���w� � Fl� �h. dVB�� ���y
�d,�.,.�.� b .��
m�
���a,� �����dl�Yp ���i'��� �6V"''...., ��.
fVIEEiIN F 1"H� IiFIACA 1' �V � A
ond�y, M�y 30, 2019
C "� _ � , r s � 1 .:� � • • � � x � � ,� c � � - ! � r� t
:: � "'�,a �� � • '� •
Whereas, an May 23, 2019, the �irector of Public Warks/Highway Superintendent
received bids far the Tow� of Ithaca Bundy Raad Fieconstruction Project for the
reconstruction of Bundy Ftoad from th� intersection of State Route 96, to approximately
445 feet west of the inters�ction, mafching the existing length and width, and oiher
related ancillary facilities, and
Whereas, the Directar of Public Warks has review�d the bids and qualificafions af the
bidders and has determined that the lowest responsive bid of $344,000.00 for the total
project was made by the loWest responsible bidder, Seneca Stone Carporation, 2i47
Canoga Road, Seneca Falls, NY 13148, and
Whereas, a� the �c�ober 15, 2018, Tawn Board meeting, the iown Board adapted a
2019 Ithaca Town Budget, (TB Resalution 2018-133), which includ�d monies for the
reconstructian of Bundy Road, in the Highway Park-Town Fund, line DB5112.546, and
identified the maximum amaunt of $500,OQ0.00 to be expended by the Town of Ithaca
for this imprc�vement, and
Whereas, at its special meeting on May 30, 2019, the Town Board has determined
approval, construction and implementation of the Ir�provement are a Type II Actian
pursuant to the regulations of the New York State Department of Environmental
Conservatian promulgated pursuant to the State Environmental G2uality Review Act,
because the Action canstitutes "repaving af existing highways not involving the addition
af new travel lanes", "replacement, rehabil�tation or reconstruction af a structure or
facility, in kind, on th� same sit�," and thus appraval, construction and implementation
of the Improvement are nat subject ta review under S�QRA;
Resolved, that the Town Board af the Town of Ithaca authorizes the award of the
contract far the Town of Ithaca �undy Raad Recanstruction project to Seneca Starre
Corporatian, subject to final approval of the cantract dacuments by the Town Engineer
and Attor�rey far the Town, and be it further
Resolved, that the Tawn Supervisor is authorized to execute such contract upon such
approval; and be it further
Resolved, that the Director af Public Warks is authorized to apprave chang� orders to
such contract upon receipt of apprapriate justification provided that the maximum
amount af such change arders (15%) shall not in the aggregate exceed $51,soa.00
withaut prior authorization of this Board, and provided further that the total project cost
does nat exceed the maximum authorized praject cost of $395,600.OQ.
> _
Maved: ' Seconded:-
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'I'� 12esalut�on 2019 - : Eluthorizati�an f'or �upervisor to �ign the Coc�pea-atd��e
A�reernent Arrreendmeni a�ith l�I'� Offiee �f Parks, IYecreation �i �Iistmric Pr�serd�ati�sn fe�r
the Caat�way T'r�il Project
Vdllereas, NYS Office of Parks, Recreation & Historic Preservation owns the formec railroad
property tl7at tile proposed Gateway Trail project would follow, al�d
Whereas, it7 June 2017 ihe NYS Offce of Parks, Recreation & Historic Preservation and the
Town of ithaca signed a cooperative agreemen�t (Contract Number T100485) far the eonstr��etion
and maintenaYlce of the Gateway Trail; and
Whereas, the Town of Ithaca has requested that the agreement be extended to include additional
property in the area oft�e Home Depot buildin� and Buttermilk Falls Road �rVesi; and
Whereas, NYS Office of Parks, Recreation & Historic Presei-vation has pi-ov�ided the Town at7
aniendment to the 2017 agreen�ent; now, therefore, be it
Res�lved, that the Town Bc�ard of the Town of Ithaea does hereby authorize the Town
Supervisor to sign the cooperative agreement atnendment with NYS Oftice of� Parks, Recreatiorl
& Historic Preservation for the Gateway Trail pi-oject, subject to approval by the Attorney for the
Town.
Moved: Secorlded:
V�te:
Contract Number: Tl 00485
NEW Y4RK STATE
OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION
CQOPERATIVE AGREEMENT AMENDMENT
I: • 1 • 1 1 ' • ! ' i � "
This Coaperative Agreement Amendment ("Amendment") is dated , and
is between the STATE OF NEW YC?RK, acting by and through the Office of Parks, Recreation and
Historic Preservation ("State Parks") .�nd TC3t�1N OF ITHACA {"Licensee"), a New Yark corporatian.
�4'hereas, State Parks and Licensee entered mto Cooperative Agreement T100485 dated June 21, 2017,
("Agreement") for the deve(opment, operation, and maintenance of the Ithaca Gateway Trail Black
Diamand Trail �ocated in Tompkins County, New York ("Park"); and
Whereas, State Parks and Licensee desire to modify the Agreement ta expand the Licensed Fremises;
Now, therefore, the parties agree the following changes to the Agreement:
Section 1. Licensed Premises. Section 2 of the Agreement is amended in its entirety to read as
follows:
The "Licensed Premises" is the recreational facility along the abandoned Lehigh Valley Railraad
Campany right-of-way commonly known as the "Gateway Trail", from the intersection at Stone Quarry
Raad to a point along the northernmost boundary af City of Ithaca Tax Parcel 131.-1-3 and Tawn of Ithaca
Tax Parcel 31.-2-3.1, generally following an east-west line in the City of Ithaca, a distance of
approximately one and one tenth miles, as shown in the map in Attachment A. The licensed premises also
includes access for the Gateway Trail across Town af Ithaca Tax Parcei No. 31.-2-9.2.
Section 2. Attachments. Attachment A to the Agreement is removed and replaced by Attachment A—
"Description af the Licensed Premises" attached hereto.
Section 3. Effective Date. The Effective Date af this Amendment is MMMM DD, yyyy.
%Signature Page Follows*
Contract Number: T100485
In witness whereof, the parties are signing this Amendment on the date stated in the introductory clause.
Town of Ithaca
By:
Name:
Title:
Federal EiN:
Acknowledgement
STATE OF }
) SS:
COUNTY OF )
On this _ day of in the year 20_, before me, the undersigned a notary public in and for said state, persanatly
appeared , personally known, to me, or proved to me on the basis of satisfactory
evidence to be the individual whose name is described within the instrument and acknowledged to me that helshe executed the
same in hislher capacity as the of and that by hislher signature on
the instrument, the individuat, or the person upon behalf of whom the individual acted, executed the instrument.
Natary Public
State of New Yark, Office of Parks, Recreation and Historic Preservatian
Recommendation of Regiona[ Director:
Fred Bonn, Finger Lakes Region
By:
Mindy Scott, Deputy Commissioner for Finance and Administration
*Attachments Fotlowx
Attachirient A
DESCRIPTICIN OF THE LICENSED PREM[SES
� ��`' ����Q����'�� � ����"��'�� ����.�m�
� �u � �
1�II,F7I?�%� C)F '�'g� �IT ��,A '[ (�WN �C)�I � ���.n��'�� ��"'� ,. �_
, , � . , a �
�n��-sa� �� �� 20��
� �....:: LL �� ��;�
: � � <<� ,� �a
Whereas t}�c� f�llowing nuaz7�aei-�d votich�rs have. been presented t� thc� TChaca Town F3c�ard �for
�pproval c�f pagrment; �rld
Whereas tl7e s�id voucl�ers �l���ve be�en �llclitc.d for paymer7t �y the saicl Tc�wz7 Board; now t��lerefore
be it
Resolved that the governing Town Bc�ard hereby autl�orires Che payr71ei1t �f� the s�ici v��uchers in
toCal fo�r tl7e a�n�unts inclicatecl.
VQUCHER NOS. 627 - fa96
Genel�al Fund Town Wide �6,753.26
General Fund P�-t-Towra 17,665.89
Hi hwa Fc�nd Tawn Wide DA 36,082.69
Hi hwa Fur�d Part Town DB 23,819.42
Water F�,lr1d 12,371.08
Sewer Fund 4,243.21
Fire Protec�tion Fund 2�6,000.00
Forest Hc�r�77e Li htin District 163.60
Glenside L�iC7ht.in D.istrict 65.85
Renwick HEi�hts Li�htin� District 76.66
Eastwood Cc�minons Lighting DisCrict 168.34
Clover L���ne Li �htin District 19.36
Winner's Circle Li hCina DisCi�ict 66.85
Burlei h Drive LiQhtirl� District 65.75
West H4�ven Road Li�htitl� I�istrict 195.64
Coddin ton Road Li htizl District 116.82
Debt Service 47�.0O
TOTAI. 45i3,825.�2
1Vl�veci: S���sn�lecl:
�ote: