HomeMy WebLinkAboutMemo - Read Before Packet - 11/4/2020 - Memorandum From Heather Walls Re: Revised Agenda Item No. 10 - Riverside Community Solar Program
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
MEMORANDUM
DATE: November 4, 2020
TO: Mayor and Councilmembers
THROUGH: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Delynn Coldiron, City Clerk
FROM: Heather Walls, Deputy City Clerk
RE: Revised Agenda Item No. 10
Agenda Item No. 10 related to the Riverside Community Solar Program has been revised to
update the listing and AIS to an Ordinance rather than a Resolution.
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY November 4, 2020
City Council
STAFF
John Phelan, Energy Services Manager
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 141, 2020, Approving the Administrative Rules, Regulations and Standards for
the Riverside Community Solar Program.
EXECUTIVE SUMMARY
This item has been revised to be listed as an Ordinance rather than a Resolution.
The purpose of this item is to approve the Riverside Community Solar Program rules, which define the continuing
delivery of credits and other program benefits to participating customers. The Utilities’ Executive Director has
approved the Riverside Community Solar Program, as defined by the Program Rules and Continuing
Participation Agreement under the authority defined by Code §26-463(a). Council’s approval of the Ordinance,
and the Program Rules as attached to it, completes the approval process.
Utilities completed acquisition of the Riverside Community Solar Project on August 28, 2020, assuming all
responsibility for program management, customer support, and operations and maintenance. As a result of the
transfer, existing customer contracts with Clean Energy Collective for the old program structure terminated.
Utilities is re-enrolling participating customers that already own panels in the array of the Program via Continuing
Participation Agreements. Current customers who own panels in the solar array (“Customer-owners”) and re-
enroll in the Program will continue to receive credits on their bill as they do today, based on the City’s applicable
time of day rates as set forth in the City Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Clean Energy Collective (“CEC”) has been the owner, developer and operator of the Riverside Community Solar
Project since its construction in 2014-2015 on a site leased from the City at the intersection of Riverside Avenue
and Mulberry Street. The Project contains 2,035 solar photovoltaic (PV) modules, at a total capacity of 621 kW,
and Fort Collins Utilities customers “subscribed” to the Project by purchasing solar panel assets. The Project
was fully subscribed with ~205 participating customers before construction was complete in the summer of 2015.
In 2019, the Project generated a net of 834 megawatt-hours of electricity. Customer-owners participating in the
Project earned a total of $54,332 in City utility bill credits in 2019.
Pursuant to Resolution 2020-055 Authorizing Acquisition of Certain Assets and Operational Control of the
Community Solar Project Located at the Riverside Avenue and Mulberry Street Intersection, approved by Council
on June 16, 2020, Utilities staff and the City Attorney’s Office completed the transfer of ownership from CEC of
the Riverside Community Solar Project. As of the closing of that transaction on August 28, 2020, Utilities
assumed responsibilities for delivery of the Riverside Community Solar Program.
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Agenda Item 10
Item # 10 Page 2
Utilities has developed a Continuing Participation Agreement and associated Program Rules that define the
terms and conditions for customers owning solar panels in the Project (“Customer-owners”) to participate in the
Riverside Community Solar Program and receive its benefits. Agreements between the Customer-owners and
CEC which previously defined the program and participation terms and conditions were terminated on August
28, 2020.
While staff anticipates all Customer-owners will want to continue participating in the Program, owners are at
liberty not to sign the Continuing Participation Agreement and still retain their ownership of modules.
Customer-owners may choose either to execute the new participation agreement with Utilities or sell their
panels to another customer with an active City electric utility account. Utilities will not purchase panels from
Customer-owners.
Customer-owners who continue in the Program may donate their bill credits to another customer account
without having to sell their ownership share.
Customer-owners may become inactive in the Program by failing to sign a new participation agreement or
not maintaining an active electric service account. Bill credits that accrue for inactive Customer-owners will
be donated to the Payment Assistance Fund.
All rights to bill credits under the Program shall expire for any Customer-owner who does not enroll in the
Program as of the next business day following December 31, 2020.
As the Project is fully subscribed, new customers can only join when an existing Customer-owner wants to sell.
Utilities maintains a wait list and offers to connect interested parties for ownership transfers.
CITY FINANCIAL IMPACTS
Administrative rules for the Riverside Community Solar Program hold the group of Customer-owners responsible
for costs associated with operating, maintaining, and decommissioning the Project. By assuming ownership of
the Project from CEC, Utilities has reduced the costs associated with selling the energy produced to Platte River
Power Authority and repurchasing it for the benefit of the Customer-owners. These savings are amount to
approximately $20,000 per year.
BOARD / COMMISSION RECOMMENDATION
The Energy Board has supported prior Council actions related to the acquisition of the Riverside Community
Solar Project and will review this Ordinance at their November 12 meeting. Pending Council approval on First
Reading, the Board’s recommendation will be included in the materials for Second Reading.
PUBLIC OUTREACH
Utilities notified customers by email on June 4, 2020, advising them of Council’s consideration of Resolution
2020-055 on June 16 and how to participate in the discussion about City acquisition of the Project. The notice
also alerted customers that the acquisition would require customers to sign a new participation agreement with
Utilities, and their prior participation agreement with CEC would be nullified.
Utilities notified Customer-owners by email on July 24 of the pending transaction with CEC and asked customers
to verify or provide the correct email or US Postal Service address they preferred for signing the new participation
agreement. Those who did not respond were defaulted to US Mail communications. On September 22, Utilities
contacted Customer-owners with a confirmation of the customer’s preferred channel and address for receiving
the Continuing Participation Agreement (email or US Mail).
Utilities is now in the process of sending participation agreements to Customer-owners along with a copy of the
Program Rules. Customer-owners electing email communications receive a DocuSign envelope to sign
electronically. Customer-owners electing paper communications by US Mail will also receive a pre-addressed
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Agenda Item 10
Item # 10 Page 3
stamped return envelope. Utilities plans to remind unresponsive Customer-owners to sign the new agreement
multiple times before December 31 with the goal of enrolling all existing Customer-owners.
ATTACHMENTS
1. Enrollment and Continuing Participation Agreement (PDF)
2. Executive Director Authorization (PDF)
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
Community Solar Program Enrollment and Continuing Participation Agreement
September 2020
Participating Customer Contact Information:
[Participant::Full Name]
[Participant::Full address block]
Account Information for Community Solar credits: Premises# [PREM#]
[Credit Beneficiary::Electric account holder FULL NAME]
[Credit Beneficiary::Full address block]
Community Solar Array: Riverside Community Solar Array, 910 E. Mulberry Street, Fort Collins, CO
Effective Date of Agreement: November 28, 2020
Customer Support: 970-212-2900
1) Introduction.
This Enrollment and Continuing Participation Agreement, incorporating by reference the Riverside
Community Solar Program Policies, (this "Agreement”) is the agreement between you (also referred to
as "your" or "Customer") and the City of Fort Collins, though the City’s Utility Services department
(referred to as "the Utility or "we" or "us" or "our") for continued operation of your Selected Solar
Panels (as previously purchased from Clean Energy Collective, LLC or CEC Solar #1038, LLC; collectively
“CEC”), and the subsequent transfer to the Utility of Solar Output from those panels in exchange for
credit on your electric utility bill (“Bill Credits”) through the City of Fort Collins Community Solar
Program. For purposes of the Program, “Solar Output” shall refer to the total solar power generated by
the Riverside Community Solar Array (the "Array"), and “Customer Output” shall refer to the
proportionate share of Solar Output attributed to a customer.
The Program terms and conditions replace and supersede all prior agreements regarding your Selected
Solar Panels, which prior agreements terminated as of the closing of the asset transfer transaction
between the Utility and CEC on August 28, 2020 (the “Transfer Date”).
Your rights and obligations under the Program shall be as reflected in the Program terms, conditions,
and administrative rules, as described below.
2) Solar Energy Transfer.
As detailed below, the Utility currently offers a community solar program whereby customers
subscribing to a community solar project can transfer project-generated electricity to the Utility in
exchange for bill credits based on a codified net-metering community solar rate and operational terms,
conditions and administrative rules (the “Program”), as amended from time to time. You previously
acquired specific solar photovoltaic panels (the "Selected Solar Panels") located in the Community Solar
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2
ATTACHMENT 1
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Community Solar Program Enrollment and Continuing
Participation Agreement
Array listed above, as detailed in Appendix A. You acknowledge your enrollment in the Program
qualifies as the transfer of beneficial use of generation from a Customer Portion of the facility, and
that the interest you own is in the Selected Solar Panels, not in the Array in general.
The actual generated electricity produced by the Selected Solar Panels is referred to herein as the “Solar
Output.” During the Program Term, we will provide the services described herein. Your rights to locate
the Selected Solar Panels within the Array end upon termination of the Program, as do our obligations in
regard to the Selected Solar Panels. Voluntary termination of your participation in the Program is
described below.
3) No Additional Purchases.
Participation in the Program does not involve additional purchase of panels or other interests in the
Array. All amounts previously paid to purchase your interest in the Select Solar Panels have been
retained by CEC/the selling customer.
4) Co-Location and Removal of Selected Solar Panels.
a) Co-Location. As used for the Program, “Co-Locate” means connection of your Selected Solar
Panels to the Array. Upon enrolling in the Program, you have the continuing right to have us Co-
Locate the Selected Solar Panels at the Array, at the location(s) we designate, during the
Program Term.
b) You agree to accept the Array in its “as-is” condition. Likewise, you acknowledge and agree that
you shall have no right to change, modify or add equipment to the Array. You may, however,
subject to the terms and conditions of the Program, make arrangement for the removal of your
Selected Solar Panels from the Array.
5) The Program.
a) Description. The Program, is based on net-metering community solar rate schedules set forth in
the Fort Collins City Code, and posted operational terms, conditions and administrative rules
(collectively, “Program Policies”). You acknowledge and agree, your qualification for Program
Bill Credits is subject to the Program Policies, as may be amended from time to time.
b) Program Policies. The Program operational terms, conditions and administrative rules are
posted and available at http:// fcgov.com/communitysolar and are incorporated herein by this
reference.
6) Change of Utility Service Location or Solar Panel Ownership.
Changes to Utility Service Location, solar panel ownership or processes for assignment of
billing credits may be available, as defined in the Program Policies.
7) Other Termination of Utility Service.
In the event your utility service at the Utility Service Location terminates for any reason and you fail to
comply with Program Policies related to a change of Utility Service Location or solar panel ownership,
then as of the time of utility service termination , you will cease to receive Bill Credits or other Program
benefits and your Program participation shall terminate 14 calendar days thereafter if not cured and
amounts due paid in full.
8) Term.
The "Term" of the Program shall be as set forth in the Program Polices and City Code, unless the
Program is terminated earlier or extended as provided below. If the Program continues or is extended
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Community Solar Program Enrollment and Continuing
Participation Agreement
beyond an initial period of 20 years, the Utility may extend the Program (an “extended Term”) (i) for as
long as the balance of the O&M Fund is sufficient to pay all costs associated with operations during
such extended Term, in relation to our services or the Array in general, or (ii) until the City Council
directs.
9) Termination.
Your participation in the Program will end without liability to either party upon the termination of the
Program, and as otherwise set forth in the Program Policies.
10) Choice of Laws.
The Program will be governed by and construed in accordance with the laws of the State of Colorado.
11) Indemnification.
See Program Policies for details on indemnification requirements applicable to third party claims and
agreements.
12) Assignment.
You may not assign any right, title or interest under the Program to any other person or entity. You may
change the Utility Service Location, but any such change or transfer shall not operate as an assignment
of your interest in the Program.
13) Entire Agreement.
This Agreement constitutes the entire agreement between the Parties relating to the subject matter
hereof and supersedes any other agreement or understanding, written or oral.
14) No Partnership.
Nothing contained in this Agreement or the Program will constitute either party hereto this as a joint
venture, employee, or partner of the other, or render either party to this Agreement liable for any
debts, obligations, acts, omissions, representations, or contracts of the other, including without
limitation your obligations to the Utility for electric service.
[Signatures appear on following page]
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Community Solar Program Enrollment and Continuing
Participation Agreement
By checking 'I Accept the Terms & Conditions' and entering a name below, the participating
Customer/Owner (Applicant) acknowledges and agrees:
• I understand this is a sworn statement and making false, fictitious, or fraudulent
representation in this application is punishable under criminal laws.
• I certify that all the Applicant information contained within this application is true and factual.
• As the signatory, I further affirm I am the customer and/or property owner at the project
premises described in this application and have the authority to submit this application in
relation to the terms and conditions listed above and as referenced elsewhere."
I accept the terms and conditions of this agreement: FALSE
I affirm that I am familiar with net metering rates and credits: FALSE
PARTICIPATING CUSTOMER:
[Participant::Full Name]
Signed:_________________________________
Date: [SIGNATURE DATE]
Electric Account Number: [Participant::Customer Account#]
Contact information for Participant:
[Participant::Address]
[Participant::City], [Participant::State] [Participant::ZIP Code]
Telephone: [Participant::Tele]
Email: [Participant::email]
OPTIONAL: Check the box below and complete Appendix B only if you wish to assign your Community
Solar Credits to an electric account other than the account specified above.
Participating Customer also identifies a DESIGNATED BENEFICIARY to receive all Program bill
credits, as set forth in Appendix B, attached hereto and incorporated by this reference.
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Community Solar Program Enrollment and Continuing
Participation Agreement
Appendix A
Customer and Array Information for Participating Customer
Customer Name(s):
Customer's Location:
Panels information (e.g., serial #): [Panel serial #s]
Capacity controlled by Customer: [Number of panels] panels [System Size] Watts
Customer Portion: [Customer Portion] %
Current monthly O&M Fund contribution from Customer bill credits:
9.38%
Array Name:
Riverside Community Solar
Array
Array Location: 910 E. Mulberry Street
Fort Collins, CO
Date of Array Commercial Operation: July 7, 2015
Effective Date of Customer Portion inclusion in Program:
November 28, 2020
[Participant::Full Name]
[Participant::Address]
[Participant::City], [Participant::State] [Participant::ZIP Code]
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Community Solar Program Enrollment and Continuing
Participation Agreement
Appendix B
Beneficiary Designation
YOU SHOULD ONLY COMPLETE THIS PAGE IF YOU INTEND TO ASSIGN 100% OF YOUR BILL CREDITS
UNDER THE PROGRAM TO ANOTHER FORT COLLINS UTILITIES ELECTRIC CUSTOMER.
OWNER CUSTOMER INFORMATION:
Customer name: [Participant::Full Name]
Electric Account Number: [Participant::Customer Account#]
I hereby designate the customer named below as beneficiary of the Bill Credits and other benefits
associated with the Customer Portion and Customer Output, under this Agreement and the Riverside
Community Solar Array Program and revoke any previous beneficiary designation. The Utility Service
Location under this Agreement shall be amended to correspond to the address where such designated
beneficiary receives utility services from Fort Collins Utilities.
Customer Signature: ________________________________ Date: ______________
BENEFICIARY CUSTOMER INFORMATION: (Please print clearly)
Customer name: ___________________________________________________
Utilities Account number (last 5 digits only):
If a business, Contact: ______________________________ Title: ______________________
Service or Mailing Address: ______________________________________________________
City, State, ZIP Code: ___________________________________________________________
Phone number: ___________________ Email address: _______________________________
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
MEMORANDUM
TO: Theresa Connor, Interim Utilities Executive Director
FROM: John Phelan, Energy Services Senior Manager
Cyril Vidergar, Assistant City Attorney
DATE: September 24, 2020
RE: Riverside Community Solar Program Rules Approval
______________________________________________________________________________
BOTTOM LINE
The purpose of this memo is to verify approval by the Utilities Executive Director of the Riverside Community
Solar Program Rules (attached) and to share the customer Continuing Participation Agreement (attached).
BACKGROUND
Pursuant to Resolution 2020-055 Authorizing Acquisition of Certain Assets and Operational Control of the
Community Solar Project Located at the Riverside Avenue and Mulberry Street Intersection, approved by City
Council on June 16, 2020, Utilities staff and the City Attorney’s Office have completed the transfer of ownership
from Clean Energy Collective of Riverside Community Solar Project.
Fort Collins Utilities has assumed responsibilities for delivery of the Community Solar Program and has
developed a Continuing Participation Agreement and associated Program Rules. The new agreement and rules
define the terms and conditions for customers owning solar panels in the project to participate in the program and
receive its benefits.
The energy credits earned by program participants are defined by the Community Solar Net Metering rate in
Municipal Code, Sec. 26-464 (r). Municipal Code Sec. 26-464 (h) authorizes the establishment of program rules
and regulations with the approval of the Utilities Executive Director. This Program reduces energy consumption
and system peak demands consistent with Council-adopted policies applicable to the utility. These rules may be
revised administratively as determined necessary. The City Attorney’s Office has also determined that these rules
should be formally acknowledged by City Council (pending).
Approved
The Utilities Executive Director approves the rules and regulations (Rev. 1) attached hereto and extends
delegation of authority to the Fort Collins Utilities Energy Services Senior Manager position to manage
implementation of the Community Solar Program.
__________________________________________
Theresa Connor, Interim Utilities Executive Director
CC: Gretchen Stanford, Interim Deputy Director Utilities Customer Connections
Leland Keller, Energy Services Engineer
DocuSign Envelope ID: 8070090B-E538-4C4B-BF78-D89B95FEB7B2
9/24/2020
9/24/2020
10/2/2020
ATTACHMENT 2DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
-1-
ORDINANCE NO. 100, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ADMINISTRATIVE RULES, REGULATIONS AND STANDARDS
FOR THE RIVERSIDE COMMUNITY SOLAR PROGRAM
WHEREAS, Section 26-463 of the City Code provides that rules, regulations, and
standards applicable to electric service and persons receiving electric service provided by the
City may be adopted by the Utilities Executive Director and approved by ordinance of the City
Council; and
WHEREAS, in 2014, the City entered into an agreement with Clean Energy Collective
(CEC) to develop a community solar project through which City Electric Utility customers could
participate in “virtual net metering” in lieu of locating solar panels on their own properties; and
WHEREAS, the City and CEC thereafter collaborated to build and operate the Riverside
Solar Project (the “Project”) on City property at Riverside Avenue and Mulberry Street from
mid-2015 through August 28, 2020; and
WHEREAS, on June 16, 2020, City Council adopted Resolution 055, 2020 authorizing
the City Manager to execute an asset purchase agreement with CEC and complete steps
necessary to acquire the operating assets of the Project, which transaction closed on August 28,
2020 (the “Closing”); and
WHEREAS, City utility customers originally purchased 25-year subscription-ownership
interests in the Project from CEC and received utility bill credits directly on their City utility bills
based on a power purchase agreement between the City and CEC, which agreement terminated at
the Closing; and
WHEREAS, as a condition of the Closing, the City agreed to maintain the bill credit
formula provided during CEC’s operation of the Project for 90 days following the Closing
(expiring on November 28, 2020), during which time Utility staff would develop a continuing
customer participation agreement and Project rules, regulations, and standards; and
WHEREAS, on October 2, 2020, the Interim Utilities Executive Director approved the
continuing customer participation agreement and administrative rules, regulations and standards
that define the terms and conditions for customers owning solar panels in the Project to continue
participating in the Riverside Community Solar Program after November 28, 2020 (the
“Riverside Community Solar Program Rules”); and
WHEREAS, the Riverside Community Solar Program Rules clarify relationships
between the electric service standards, rates and credits adopted by Council and the benefits
available to customers through the Program; and
WHEREAS, the Riverside Community Solar Program Rules also provide continuity for
operation of the Project and ensure predictability for customers subscribing to and managing
interests in the Project; and
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-2-
WHEREAS, on October 8, 2020, the Energy Board reviewed the Riverside Community
Solar Program Rules, and unanimously recommended approval by Council; and
WHEREAS, the Interim Utilities Executive Director recommends Council approve the
Riverside Community Solar Program Rules attached hereto as Exhibit “A,” incorporated by this
reference, to complete the transfer of Project operation from CEC to the City; and
WHEREAS, the City Council has determined the continued operation of the Project
directly benefits electric utility ratepayers by facilitating local renewable energy generation, and
the recommended administrative rules, regulations, and standards set forth in the Riverside
Community Solar Program Rules are in the best interests of the electric utility and its customers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the Riverside Community Solar Program Rules set forth in Exhibit
“A,” attached hereto and incorporated herein by this reference, are hereby approved by the City
Council pursuant to §26-463(a) of the City Code.
Introduced, considered favorably on first reading, and ordered published this 4th day of
October, A.D. 2020, and to be presented for final passage on the 17th day of November, A.D.
2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 17th day of November, A.D. 2020
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DocuSign Envelope ID: 4DF2BE38-0D79-4A67-A8E2-91B4F6FC9E8D
Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
Riverside Community Solar Program Rules
Owners of solar panels located in the Riverside Community Solar Project at 910 E. Mulberry Street (the
“Array”, or the “Project”) may participate in the Riverside Community Solar Program (the “Program”),
subject to requirements, terms and conditions, and rules (the “Program Policies”) set forth herein.
1.Applicability.
These Program Policies shall apply to all Owners of solar panels (“you”, “your”, “they”), and the
panels they own (the “Selected Solar Panels”) located in the Array. Owners on August 28, 2020
retained title to panels in the Array previously acquired from Clean Energy Collective, when Clean
Energy Collective, LLC (including CEC #1038, LLC and any subsidiary controlling such assets) (CEC)
transferred title and control of all Project assets to the City of Fort Collins on such date (the “Closing
Date”). The Bill Credit formula in effect on the Closing Date shall remain in effect for eligible Owners
until the earlier of 90 days following the Closing Date or until the Owner enrolls in the Program. All
rights to Bill Credits under the Program shall expire for any customer who does not enroll in the
Program as of the expiration of that 90-day period (estimated to occur on the next business day
following November 28, 2020).
2.Program Requirements.
To participate in the Program and be eligible for Bill Credits to your Utility account based upon Fort
Collins Utility’s (“our”, “we”, or “Utility”) acceptance of your Solar Output, you must
Objective:
The purpose of the rules for the Riverside Community Solar Program is to provide specific details and
procedures in alignment with Fort Collins Municipal Code Section 26-464 (r) and 26-464(h). Nothing
contained herein is intended to supersede the Fort Collins Municipal Code.
Applicability:
This policy applies to the Utility Service Areas of the City.
Authorized by:
Utilities Executive Director, September 2020
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EXHIBIT A
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a) be (or your designated account or beneficiary must be) and remain a customer of the Utility
for electric service,
b) submit an Enrollment and Contnuing Participation Agreement (“Participation Contract”), as
approved by the Utility, in which you designate the Utility account to which we can post
Program Bill Credits (which shall be at the “Utility Service Location”, including Designated
Beneficiary attachment, unless changed pursuant to Section 6(c) below, and
c) be (or your designated account or beneficiary must be) and remain in compliance with these
Program Policies and conditions of receiving services from the Utility throughout your
participation. In addition, your ability to participate in the Program is subject to the limitations
described in Section 5(c) below.
3. Term.
a) Initial Useful Life of Array. The anticipated useful life of the Array is 20 years from the
Closing Date (estimated as December 31, 2040). That period is also the anticipated
Program Term, subject to earlier termination by City Council.
b) Program Extension. Upon direction of City Council, the Utility may extend the Program
beyond an initial 20 years (an “extended Term”)
i. for as long as the balance of the O&M Fund is sufficient to pay all costs
associated with operations, in relation to our services or the Array in general,
or
ii. until City Council terminates the Program.
4. Energy Services
(a) Net Metering Credits. The actual generated electricity produced by the Selected Solar
Panels is referred to herein as the “Solar Output.” During the Program Term and while the
Selected Solar Panels remain located in the Array, we will assist in transmitting Customer
Output to the Utility and provide the services described herein. Your rights to locate the
Selected Solar Panels within the Array end upon termination of the Program, as do our
obligations in regard to the Selected Solar Panels. The Term and termination of the
Program are as set forth in Sections 3 and 10.
b) Transfer of Solar Output. We agree to, and you hereby appoint and assign to us full power
and authority to, take possession, deliver, and transfer all Customer Output by and
through the Utility and/or third parties pursuant to these Program Polices and other
applicable agreement(s), and to post Bill Credits to your utility account.
c) Bill Credits. You, or a Designated Beneficiary, will be eligible to receive Bill Credits on your
Utility bills for the Utility Service Location, based on Customer Output and according to
these Program Policies. Bill Credits are calculated pursuant to the Program and applied
solely by the Utility. Bill Credits conform to the prevailing Community Solar Net Metering
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EXHIBIT A
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credit rate per Municipal Code Sec. 24-464. You acknowledge that the duration, terms
and conditions of the Program Policies are subject to change by the Utility, and that the
Net Metering Bill Credits are subject to change by the Utility as approved by Fort Collins
City Council. The prevailing Community Solar Net Metering credit rate is available on the
Residential Electric Rates web page (www.fcgov.com/TOD) under TOD Pricing – Solar
Customers : Community Solar.
5. Ownership and Program Participation.
(a) Removal. Upon your request, we will remove the Selected Solar Panels from the Array,
provided you give us at least thirty (30) days prior written notice of the requested removal. In
such case, we will deliver the Selected Solar Panels to you at a Utilities facility on a mutually
agreed date. You agree to pay the reasonable costs of the removal and delivery of the Selected
Solar Panels following a request for removal made by you under this Section.
(b) Liens and Encumbrances. At all times during the Term (or any extension Term), you will
ensure that you will not directly or indirectly place a lien, security interest or other encumbrance
against the Selected Solar Panels, the Array, any electrical energy produced from the Array, or
any Environmental Attributes associated with the Selected Solar Panels, or any other property
relating to the Array.
(c) Maximum Capacity. The electric generating capacity of your Selected Solar Panels
cannot exceed the limitations set forth in Municipal Code Chapter 26. You agree the Utility is
not obligated to make Bill Credits from your Solar Output to the extent the electric generating
capacity of your Selected Solar Panels exceeds the limitations in effect under the Program and
the Participation Contract (at Appendix A) will be deemed automatically amended to reflect any
revisions to such limitations or other terms of the Program, and any excess ownership interests
or capacity will the allocated to the Default Beneficiary (as defined below). In such event, we
will provide you with a description of such changes within the thirty (30) day period following
any such change.
(d) Interaction with Utility. Customer Information which the Utility may request from you
includes your name, home address, billing address, Utility Service Location (as designated in the
Participation Contract), email address, fax number, Utility account number, your Solar Output,
and information regarding your Selected Solar Panels. You hereby authorize us to use your
Customer Information in connection with the Program. You agree to execute each document
the Utility may request for purposes of the Program.
6. Operations and Maintenance (“O&M”).
(a) O&M Services. During the Term, we will be responsible for operation and maintenance
of the Array. You acknowledge and grant to us exclusive authority to designate in our sole
discretion affiliates or third parties to help operate and maintain the Array including, but not
limited to, your Selected Solar Panels.
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EXHIBIT A
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i. We or our designee will operate the Array and provide maintenance services
designed to help maintain the Array in working condition. Such maintenance
services shall be performed in accordance with industry standards upon terms
and conditions we determine to be necessary.
ii. During an emergency, or to protect the safety of personnel or the operation of
the Array or the Utility's system, and at periodic intervals for improvements,
maintenance and repairs, the Solar Output of the Selected Solar Panels may
be interrupted. You acknowledge and agree no compensation is due to you
for any interruptions or variations in Solar Output.
(b) O&M Funding.
i. In addition to amounts deposited with the City by CEC for operation and
maintenance, an O&M Fee of 9.38375% of net solar credits generated by the
Array is assessed on a monthly basis against the total net generation of the
entire Array before the remaining Bill Credits are applied to individual Owners.
Such amounts are retained in a restricted account for O&M purposes (the
“O&M Fund”). The fee is subject to change at the Utility’s sole discretion for
the purpose of providing for operation, maintenance of the array and site, and
decommissioning of the Array at end of life.
ii. Monies placed into the O&M Fund will be dedicated solely to payment of
costs of operation and maintenance of the Array. We will continue to pay each
month into the O&M Fund based on Customer Output per kWh generated by
the Array, as identified in your Participation Contract ( at Appendix A), and
transferred in the prior calendar month (the "Recurring O&M Fee"), pursuant
to these Program Policies.
iii. For purposes of determining decommissioning costs, as used in this Section,
such costs shall include expenses associated with disposing of PV modules,
associated wiring, and expired inverter and other plant equipment, and as
may be determined by the Utility at the time, returning the Project site to the
original brownfield status, prior to Project development. Expenses associated
with soils remediation will not be include in amounts paid from the O&M Fund
unless remediation is required to address issues created by construction or
operation of the Array.
(c) Costs exceeding O&M Fees. Any costs of operating and maintaining the Array that
exceed the amount of collected O&M Fees will be the obligation of Owners to pay.
(d) Owner Assessment. If the expense to repair, replace or decommission the Array exceeds
funds available in the O&M Fund and/or from any casualty insurance proceeds, we reserve the
right to seek additional funds from Owners to cover such expenses, or to suspend or
permanently cease offering the Program, pursuant to Section 10 below.
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EXHIBIT A
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(e) Return of O&M Fees. In case of a surplus balance in the O&M Fund at the end of the
Program Term after decommissioning the Project, Owners will be credited for their
proportionate share of the surplus balance.
(f) Loss and Insurance. We will make reasonable efforts to secure the Site, but shall have
no obligation to police the Site or to prevent damage or loss to the individual panels you own (as
identified in the Participation Contract at Appendix A) or to the Array beyond the measures we
put in place to secure the Array in the Utility’s normal course of business.
i. At all times, we will keep a replacement-value property insurance policy in
place with regard to the Array (not to include the individual panels you own)
to insure against covered perils; such policy shall not be required to cover the
Selected Solar Panels owned by customers.
ii. We shall be entitled to reimbursement from the O&M Fund of all costs of
insurance and will determine the acceptability of such policy(s) in our sole
discretion.
iii. SHOULD YOU DETERMINE ADDITIONAL INSURANCE IS REQUIRED TO PROTECT
YOUR INTERESTS IN THE SELECTED SOLAR PANELS YOU INDIVIDUALLY OWN,
YOU ARE SOLELY RESPONSIBLE FOR PROCURING AND PAYING FOR SUCH
ADDITIONAL INSURANCE.
7. Disclaimer.
(a) You understand and accept the Solar Output associated with the Array (including the
Selected Solar Panels) may fluctuate from time to time based upon weather, seasonality,
degradation and other conditions.
(b) WE DO NOT REPRESENT OR WARRANT ANY MINIMUM SOLAR OUTPUT, CUSTOMER
OUTPUT, BILL CREDIT, OR BENEFIT RECOVERY AMOUNT. WE DO NOT REPRESENT OR WARRANT
UNINTERRUPTED OR ERROR FREE OPERATION OF THE ARRAY OR ANY PART THEREOF
INCLUDING THE PROJECT ASSETS OR ANY SOLAR PANELS. WE DO NOT REPRESENT OR
WARRANT THERE WILL BE NO CHANGES TO THE PROGRAM OR RATE OF BILL CREDITS.
(c) WE DO NOT REPRESENT OR WARRANT A DUTY TO REPAIR OR REPLACE THE INDIVIDUAL
PANELS YOU OWN (AS IDENTIFIED IN THE PARTICIPATION CONTRACT) NOR THE ARRAY,
FOLLOWING A CATASTROPHIC EVENT OR WHEN DAMAGE OR LOSS DUE TO ANY CAUSE EXCEEDS
30% OF THE THEN-PRESENT VALUE OF THE ARRAY. WE DO NOT REPRESENT OR WARRANT THE
TIMLINESS OF ANY REPAIR WE MAY ELECT TO PERFORM AND HAVE NO OBLIGATION TO SPEND
AMOUNTS FOR SUCH REPAIRS IN EXCESS OF FUNDS AVAILABLE IN THE O&M FUND AND
RECEIVED PURSUANT TO INSURANCE SECURED UNDER THESE PROGRAM POLICIES.
8. Changes in services.
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EXHIBIT A
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(a) Advance Notice. You agree to provide us with thirty (30) days advance written notice of
any change or event that may result in the termination of your Utility service at the Utility
Service Location.
(b) New Service Location within Utility Service Territory. You agree that you may change
your Utility Service Location within the Utility’s service territory, and you agree within ninety
(90) days of such change you will take all necessary steps and provide all information and
documentation required under the Program to substitute your new service location for the
Utility Service Location identified in the Participation Contract, including contacting Fort Collins
Utilities staff supporting the Program. You further agree the Participation Contract shall continue
in effect upon such change of the Utility Service Location. You acknowledge, if the Utility Service
Location or any new service location exceeds the Program Limitations or otherwise does not
comply with these Program Policies, you will not be entitled to receive Bill Credits in excess of
the Program Limitations. Excess Bill Credits may be donated to the Default Beneficiary identified
below.
(c) Owner Assignment.
i. You may not assign the Participation Contract or any right, title or interest under
the Program to any other person or entity without express written consent from
the Utility. You may change the Utility Service Location pursuant to Section 8(b)
above, but any such change or transfer shall not operate as an assignment of your
Program interests.
ii. You may designate beneficial use of the Bill Credits generated by your panels to
your own active electric service account with Fort Collins Utilities, or to another
active account which is not registered to you, i.e. a “Designated Beneficiary”. You
must make a Designated Beneficiary allocation through communication with staff
supporting the Program, and the allocation may not be for less than 100% of such
credits, i.e. no partial or divided allocations.
(d) Abandoned Panels. In the event the electric service account designated to receive the
Bill Credits under the Program becomes inactive for any reason, the Select Solar Panels will be
considered abandoned and all associated Bill Credits will be assigned to the Default Beneficiary.
(e) Default Beneficiary of Bill Credits. All Bill Credits not disbursed to Owners, Designated
Beneficiaries, or the O&M Fund on a monthly basis shall be donated by deposit into the Fort
Collins Utilities Payment Assistance Fund as the “Default Beneficiary”. Donated Bill Credits are
not refundable to Owners once donated.
9. Sale/Transfer of Selected Solar Panels.
Notwithstanding anything in these Program Polices to the contrary, you may sell, donate or make
any other arrangement to transfer ownership of some or all of your Selected Solar Panels (a
“Transfer”) to any eligible customer (a “Recipient”) maintaining an active residential electric service
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EXHIBIT A
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account in good standing with the Utility. You agree that we will not be bound to acknowledge any
such Transfer until you provide us with notice of such Transfer (such as a fully executed bill of sale),
and that upon the receipt of such notice the Participation Contract will terminate as to the Selected
Solar Panels so transferred with no further obligation of either Party hereto. We agree that if the
Recipient meets the same customer requirements as set forth in the Participation Contract and
these Program Policies, we will offer a Participation Contract to the Recipient; whereby the Recipient
will be allowed to continue co-locating the Selected Solar Panels within the Array and to receive
Program benefits, according to Program Policies. The Utility may, but is not required to, assist with
the sale/transfer of title of the Selected Solar Panels to another customer.
10. Termination.
Your eligibility to participate in the Program will terminate without liability to either party upon any
of the following:
(a) the expiration of the Term or early termination as directed by City Council.
(b) if you materially fail to fulfill any of your obligations as expressed in these Program
Policies for more than sixty (60) days after written notice from us of such failure.
(c) at such time as we receive a request from you for the removal of the Selected Solar
Panels under Section 5 above.
(d) at such time as we receive notice of Delegation or Transfer, per Section or 9 above.
(e) If the Participation Contract is terminated prior to the time you request removal of the
Selected Solar Panels under Section 5, you will have an additional sixty (60) days to request the
removal of the Selected Solar Panels pursuant to the terms and conditions of Section 5(a) above.
If you fail to so request the removal of the Selected Solar Panels within such sixty (60) day
period, we may consider the panels abandoned, take possession of the Selected Solar Panels and
dispose of them in the manner we choose.
11. Dispute Resolution; Choice of Laws.
a) Credit or Payment Dispute. If you dispute the amount of any Bill Credits made in
connection with this Agreement, you shall have those administrative remedies and rights to
appeal set forth in Chapter 26 of the City Code.
b) Applicable Law. The Program will be governed by and construed in accordance with the
laws of the State of Colorado.
12. Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold the City
of Fort Collins and its directors, officers, managers, members, partners, employees, representatives,
agents and Affiliates (together ”Related Parties”) harmless from any and all claims, demands,
actions, liabilities and expenses (including reasonable attorneys' fees) of any kind or nature arising
out of or relating to your negligence or intentional acts or breach of the Program Policies; provided,
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EXHIBIT A
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that nothing herein shall require you to indemnify us for our negligence or intentional acts or breach
of the Program Policies. The provisions of this paragraph shall survive termination or expiration of
the Program.
13. Reporting and Marketing. You grant the Utility permission to access and use customer data and
information produced or recorded by the electrical generation system, system components or
sensors installed at the Array to monitor it for reporting and operational purposes. You authorize
access of this information by and provided to Utilities and/or Affiliates. Use of such information is
subject to Fort Collins Utilities Privacy Policies and the Colorado Open Records Act.
14. Notices. In the event any notice or other communication is required, we will use the
information in the customer signature block and as set forth in Appendix A of the Participation
Contract. Customer can find our contact information at http:// fcgov.com/communitysolar
15. Miscellaneous.
a) Authority. The Parties represent and warrant that they have full authority to deliver and
perform their obligations pursuant to these Program Policies, and that the person whose
signature appears on the Participation Contract is duly authorized to enter into such
commitment on behalf of the respective party. You agree that we may delegate any of our
obligations under these Program Policies to any Affiliate or third party, provided we remain
ultimately responsible for the performance of our obligations hereunder. To the extent of any
such delegation, the authorizations you provide us by continuing to participate in the Program
under these Program Policies shall extend to any such Affiliate or third party.
b) Confidentiality. The Parties agree to treat as confidential (a) all information owned by
and/or obtained from the other Party, or that relates to the business of the other Party, or that
is used by the other Party in carrying on business, and (b) all information that is proprietary to a
third party (including our customers and suppliers). The Parties shall not disclose such
information to any person not having a legitimate need-to-know and approved by the other
party, nor use such information in any form to obtain an economic or other benefit for itself, or
any third party. If such information is required by the Colorado Open Records Act, §24-72-201 et
seq., CRS or other law, regulation or court order to be disclosed, the subject Party’s disclosure
shall not be greater than that which is required, and in the event of such disclosure, the
disclosing Party shall furnish a copy of the Program Policies to anyone requiring such disclosure
and promptly advise the other Party in writing of each required disclosure.
c) LIMITATION ON DAMAGES: NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS
INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY
PROVISION OR OTHERWISE.
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EXHIBIT A
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d) Severability. Should any terms of the Program Policies be declared void or
unenforceable by any arbitrator or court of competent jurisdiction, such terms will be amended
to achieve as nearly as possible the same economic effect for the parties as the original terms
and the remainder of the Program Policies will remain in full force and effect.
e) No Partnership. Nothing contained in these Program Policies or the Participation
Contract will constitute either party hereto as a joint venturer, employee, or partner of the
other, or render either party under the Program liable for any debts, obligations, acts, omissions,
representations, or contracts of the other, including without limitation your obligations to the
Utility for electric service.
Exhibit 1
Definitions
Capitalized terms used in the Program Rules are defined as follows:
"Affiliate" means any person or entity that directly, or indirectly through one or more intermediaries,
controls or is controlled by or partnered with, or is under common control with the person or
entity specified.
“Bill Credits” means the dollar value credit earned for Your Solar Output according to the prevailing
Community Solar Net Metering credit per Municipal Code.
"Co-Locate" shall have the meaning set forth in Section 4(a) of the Participation Contract.
"Customer Information" shall have the meaning set forth in Section 3(d) above.
"Customer Portion" means the fraction or percentage obtained by dividing (i) your Nameplate Capacity
by (ii) the total nameplate generating capacity of all panels at the Array.
"Dwelling Unit" means real property improved with a house, apartment, condominium or similar
improvement that provides basic living accommodations including sleeping space, bathroom
and cooking facilities.
"Environmental Attributes" means the full set of environmental, power source and emissions
characteristics, whether in the form of credits (including Renewable Energy Credits), emissions
reductions, offsets, allowances, financial incentives, benefits or by any other designation,
attributable now or in the future to all or any portion of the Array, its electrical production, or its
electrical capacity.
“Owner” means the customer holding title to the Select Solar Panels and controlling allocation of
beneficial use of associated Bill Credits.
"Selected Solar Panels" means the solar panels described by serial number in Appendix A to the
Participation Contract.
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EXHIBIT A
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"Solar Interest”, “Output" or "Your Solar Output", for any given period, means the actual generated
electrical output, measured in kilowatt hours, that is delivered from the Selected Solar Panels
during that period. For this purpose, you agree that each panel in the Array shall be considered
to have the same efficiency per Watt of Nameplate Capacity at any given time. The Solar Output
from the Selected Solar Panels for the period shall be equal to the actual generated electrical
output, measured in kilowatt hours, that is delivered by the Array during that period, multiplied
by the Customer Portion. You acknowledge that the amount of electrical output delivered by
the Array to the Interconnection Point shall be net of any energy consumed by the Array to
support its operation.
"Utility" means the Fort Collins municipal electric utility division of Fort Collins Utility Services.
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EXHIBIT A
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