This Agreement (“Agreement”) is entered into by and between the City of Girard, Kansas (hereafter called “City”) and __________________ (hereafter called “Customer”). Customer and City are referenced in this Agreement collectively as “Parties” and individually as “Party.”
RECITALS
WHEREAS, Customer owns or desires to install, own and operate an electric generating facility of less than _________ kW to be located in the City;
WHEREAS, City is a publicly-owned electric utility engaged in the retail sale of electricity in the state of Kansas;
WHEREAS, subject to the execution of a mutually agreeable definitive agreement as described in more detail in this MOU, Customer wishes to memorialize the terms of a distributive generation interconnection;
AGREEMENT:
Now, therefore, in consideration of the forgoing Recitals and the mutual agreements set forth herein, the Parties hereto further agree as follows:
1. SCOPE OF AGREEMENT
This Agreement governs the terms and conditions under which the Customer’s Generating Facility
2. PARALLEL OPERATION
Customer shall not commence parallel operation of the generating facility until written approval of the interconnection facilities has been given by City. Such approval shall not be unreasonably withheld. City shall have the right to have representatives present at the initial testing of Customer’s protective apparatus.
3. INTERCONNECTION COSTS
The City will estimate the cost, including overheads, for the purchase and construction of necessary System Upgrades to its Distribution System and will provide a detailed itemization of such costs to the customer prior. The Customer agrees to pay the costs upon receipt of the City’s invoice within the prescribed time period designated on the invoice.
4. INTERRUPTION OR REDUCTION OF DELIVERIEIS
City may require Customer to interrupt or reduce deliveries when the City determines, in its sole discretion, that curtailment, interruption or reduction is necessary because of personnel safety, emergencies, Force Majeure or compliance with Good Utility Practices.
5. ADVERSE OPERATING EFFECTS
The interconnection of the customer-owned generation shall not reduce the reliability and quality of the Distribution System. This includes, but is not limited to high levels of harmonics, abnormal voltage fluctuations and excessive frequency deviations. City shall notify Customer as soon as practicable if, based on Good Utility Practice, operation of the Customer’s generating facility may cause disruption or deterioration of service to other customers served from the same electric system, or if operating the Customer’s generating facility could cause damage to the City’s distribution system. If, after notice the Customer fails to remedy the adverse operating effect within a reasonable time, the City may disconnect the Customer’s generating facility. The City shall provide the Customer with notice of such disconnection as provided in the City’s Service Policies.
6. ACCESS TO PERMISES
City shall have access to Customer’s premises or property as permitted in the City’s Service Policies.
7. INSURANCE
Customer shall, at its own expense, maintain in force general liability insurance without any exclusion for liabilities related to the interconnection undertaken pursuant to this Agreement. The amount of such insurance shall be sufficient to insure against all reasonably foreseeable direct liabilities given the size and nature of the generating equipment being interconnected, the interconnection itself, and the characteristics of the system to which the interconnection is made. Customer shall obtain additional insurance only if necessary as a function of owning and operating a generating facility. Such insurance shall be obtained from an insurance provider authorized to do business in the State of Kansas. Certification that such insurance is in effect shall be provided upon request of the City, except that Customer shall show proof of insurance to the City no later than ten business days prior to the anticipated date of normal operation.
8. GOVERNING LAW
This Agreement shall be interpreted and governed under the laws of the State of Kansas. Venue of any action arising hereunder or related to this Agreement shall lie in Crawford County, Kansas.
9. DOCUMENTS
This Agreement includes the following documents, which are attached and incorporated by reference:
a. City of Girard Customer-Owned Renewable Generation Study,
b. Application for Interconnection,
c. Certificate of Completion,
d. Other documents of the City’s Interconnection Standards for Parallel Operation and Distributive Generation of Customer-Owned Electric Generating Facilities.
10. Customer shall not install, own, or operate a generation facility which exceeds the eligible generation as determined by the City of Girard Customer-Owned Renewable Generation Study.
11. Customer shall be assessed a monthly capacity charge associated with Customer’s generating facility.
12. GLOSSARY OF TERMS
Capitalized terms used herein shall have meaning specified in the attached document entitled “Glossary of Terms.”
13. NOTICES
All written notices shall be directed as follows:
CITY: City of Girard
120 N. Ozark
Girard, Kansas 66743
CUSTOMER: Name:
Address:
14. TERM OF AGREEMENT
This Agreement shall be in effect when signed by Customer and City of Girard, Kansas and shall remain in effect thereafter month to month unless terminated by either Party on thirty (30) days prior written notice and in accordance with the City’s service policies.
IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives.
This Agreement is effective as of the last date set forth below.
Customer City of Girard, Kansas
______________________________ ______________________________
Signature Signature
______________________________ ______________________________
Print Name Print Name
______________________________ ______________________________
Title Title
______________________________ ______________________________
Date Date