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MINUTES OF THE PUBLIC WORKS COMMITTEE November 4, 2019 East Conference Room Present: Councilmembers Anderson, Rader& Bullock Also Present: Assistant Law Director Swallow, Director Beno, Mike Wise of McDonald Hopkins, Dan Gray of North Coast Solar, Cuyahoga County Sustainability Director Mike Foley, one member of the public, and Deputy Clerk Lascu taking minutes Call to Order: 5:32 p.m AGENDA Approval of the minutes of the October 21st meeting of the Finance Committee. Without objection, Chairman Rader, deferred the approval of the minutes. RESOLUTION 2019-01 -A RESOLUTION to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor or his designee to enter into a solar power purchase agreement with Enerlogics Solar LLC for the installation of solar panels and purchase of the power generated from the solar panels at four City locations. (Referred to Public Works Committee 10/21/19) Chairman Rader opened the meeting and deferred to Assistant Director Swallow to ask questions that the administration had regarding the power purchase agreement(PPA). Several items were clarified including pricing increases (a flat 1.75% increase each year), insurance limits, and the commencement date of construction. The administration also sought to include indemnification language or a confidentiality clause in the agreement. The city committed to protecting Enerlogics' proprietary information but asks to be indemnified in the event of a dispute. Councilmembers discussed the solar panels impact on city roofs with Director Beno. It was determined that their presence should not accelerate the need for a new roof, as long as there is no damage done to them during the installation. However, the may cause drainage issues in the further, as water could pool on the flat roofs. Chairman Rader and Mike Wise of McDonald Hopkins discussed the exhibits in the PPA, focusing on the buyout payment schedule and the termination fee schedule. It was determined that both schedules were separate, and the city would not be on the hook for a buy out payment and termination fee at the same time, in the event the city chose to buy out the system. After lengthy discussion and debate among Councilmembers, the administration, and solar energy representatives on how to calculate savings resulting from the project, the group was able to determine that the city stands to save approximately $800,000 over the 30-year agreement, along with achieving cleaner air which brings public health benefits to the community. The administration sought more insight into the process that follows in the event the event the city program creates more power than the system needs. The city could receive credits from