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HomeMy WebLinkAboutNY Power Authority ®� RESOLUTION 2014-786 ADOPTED DOC ID: 10126 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-786 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7,2014: RESOLVED that the Town Board of the Town of Southold hereby amends resolutions No 2014-131 and 2014-361 to also include an Electric Vehicle Charging Station at the Peconic Community Center in the NYSERDA grant application; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Director of Human Services to apply for a grant from NY Power Authority to reimburse the Town's cost share of the Electric Vehicle Charging Station at Peconic Community Center as part of the clean energy initiative; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute any and all documents in connection therewith Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 4 PROGRAM AGREEMENT BY ANIS BETWEEN NEW YORK POWER AUTHORITY AND RECIPIENT Agreement No_ This Agreement("Agreement"),made this day of ,20_("Effective Date")is by and between the New York Power Authority,hereinafter referred to as the"Authority,"a corporate municipal instrumentality and political subdivision of the State of New York,having its principal place of business at 30 South Pearl Street,Albany,NY 12207, and a place of business at 123 Main Street,White Plains,NY 10601,and Town of Southold ,hereinafter referred to as Town ,having its principal offices located at 53095 Route 25, Southold, NY 11971 (each a "Party" and collectively, the "Parties"). WHEREAS,in support of the State of New York's Charge NY Initiative to support over 40,000 electric vehicles in New York State by 2018 by providing over 3,000 public and workforce charging stations, the Authority has made funds available for the implementation of the installation of charging stations for electric vehicles; and WHEREAS,the Authority has a strong interest in promoting clean and efficient electric-drive transportation technologies throughout the State of New York in furtherance of the State's goals of improving air quality and lessening dependence on imported oil, including increasing the availability of public and workforce charging stations; and WHEREAS,the Authority has an interest in the collection of electric vehicle performance and usage data to further the implementation of Charge NY Program; and 1 WHEREAS Town is a participant and subscriber in the"Leviton New York Program", a charging station installation program involving Leviton Manufacturing Co. ("Leviton")that has been funded in part under the terms of Agreement No. 30407 from the New York State Energy Research and Development Authority("NYSERDA"), and is referred to herein as the"Project". NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants, agreements, terms, and conditions contained herein, the Parties agree as follows: 1. As a participant in the Leviton New York Program, Town will be responsible for the costs of labor and materials for installation of the charging stations as set forth in the NYSERDA Contract Pricing Proposal From which is attached to the Leviton New York Station Award Agreement executed by on June_, 2014, and annexed to this Agreement as Appendix A. 2. The Authority will assist Town in this Project by providing a funding allowance (the " Funding")to cover a portion of the cost of the charging station installation. The Authority's Funding for the Project is capped at $2,000 per duel port charging station, but in no event more than $4,000 in total shall be provided to Jown as part of this Agreement. Town shall submit invoices for Funding to the Authority by or before . The Funding will be provided to Town upon satisfaction of the requirements of Sections 3 and 6. 3. After paying for the costs of installation of the charging stations, Town shall submit an invoice for Funding to the Authority on Town ' letterhead along with a copy of the Installer's invoice, a validated Installer's receipt, and cancelled check, original credit card receipt or Automated Clearing House receipt(collectively, "Proof of Payment"). The Authority shall review such Proof of Payment as soon as practicable after receipt. The Authority shall remit funds to Town within thirty (30) days after approval of the request for Funding. The Authority reserves the right to inspect the charging stations prior to remitting any Funding. Monies will be transferred electronically to Town's bank account as per the instructions set forth on the attached Authorization for Automatic Deposit form (Attachment A). 4. THE AUTHORITY MAKES NO REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, CHARACTER OR PERFORMANCE OF THE CHARGING STATIONS EQUIPMENT OR THE INSTALLATION THEREOF, OR THEIR SUITABILITY FOR TOWN'S PURPOSES OR FOR ANY OTHER USE. Town agrees that it will make no claims of any kind against the Authority for any matters arising from, or in any way connected with the Leviton New York Program or the equipment installed pursuant to the program. 5. Town shall make good faith efforts to keep the electric vehicle performance and usage data accessible and available to the Authority. 6. Requests for Funding shall be sent to the following address:New York Power Authority,Attn.: Accounts Payable,P.O.Box 437,White Plains,NY 10602-0437.A copy of the request for Funding and Proof of Payment and any other documentation regarding this Agreement shall be sent to the Authority at the address specified in Section 7. 7. Notices and other communications shall be in writing and shall be transmitted either:via cettified or registered United States mail,retum receipt requested;by personal delivery;by expedited delivery service;or by e-mail.Such notices shall be addressed as follows or to such different addresses as the parties may from time-to-time designate: For the Authority: For Town John Markowitz Elizabeth A.Nevlle New York Power Town Clerk Authority Town of Southold 123 Main Street PO Box 1179 White Plains,NY 10601 Southold,NY 11971 jobnmarkowitr.(c�xtypa.g�ov eneville@town.southold.ny.us 8. Town shall keep in force at its own cost the insurance coverages listed herein. All coverages, except Workers' Compensation (see section (A.), below), should be evidenced on: 1) the Authority's annexed form; or 2) an Accord form accompanied by the following two (2) endorsements: Additional Insured with the identifying policy number, specifically naming the New York Power Authority and the State of New York as additional insureds to the policy and Waiver of Subrogation endorsement. The form and sufficiency of each insurance policy required to be obtained herein will be subject to the Authority's approval and with insurance companies acceptable to the Authority. Town shall notify the Authority no later than 10 days prior to the effective date of a change to or cancellation of insurance policies required herein. The Agreement will deliver or cause to be delivered to the Authority, upon request, a copy of each such insurance policy. Any and all deductibles or self-insured retentions, in or relating to the below described insurance policies shall be assumed by and be for the account of, and at the sole risk of Town A. Workers' Compensation Insurance for statutory obligations imposed by Workers' Compensation/Occupational Disease Laws, including Employer's Liability Insurance with a minimum limit of $1,000,000. When applicable, coverage shall include The United States Longshoreman's and Harbor Workers' Compensation Act (44 U.S.Stat 1424) and the Jones Act (41 U.S. Stat 988). Under Sections 57 & 220 Subd. 8 of the New York State Workers' Compensation Law, it is required that1�.� I�ij�iIM doing business with a Municipal or State entity evidence proof of workers' compensation coverage on approved forms, as listed below: i. If coverage is with a private insurance carrier, the entity must provide evidence of coverage on either NYPA's form or a completed C105.2 form. The C105.2 form is supplied and completed by the insurance carrier or its authorized agent. ii. If coverage is with the State Insurance Fund, the entity must provide a completed U-26.3 form provided by the Fund. iii. If the business entity has been approved by the Workers' Compensation Board's Office of Self Insurance as a qualified self insurer, a completed SI- 12 form is required. The SI-12 form is provided by the Board's Office of Self Insurance. B. Commercial General Liability Insurance, which includes Contractual Liability and Products/Completed Operations Liability coverages covering all operations required to complete the Work and where applicable coverage for damage caused by any explosion or collapse with minimum limits of $5,000,000 per occurrence for bodily injury and $5,000,000 per occurrence for property damage liability. i. The Authority and the State of New York must be named as additional insured to Town's policy and, if applicable, each subcontractor's policy, including cross-liability coverage evidenced on the certificate(s) finished to the Authority. The policy must contain an endorsement stating that the insurer will have no right of recovery or subrogation against the Authority or the State of New York. Town must submit evidence satisfactory to the Authority of its compliance with this requirement. It is the intent of the parties that the insurance placed in accordance with the provisions of this paragraph will be primary insurance and will protect Town , the Authority and the State of New York for all losses arising from all operations, activities, work, services, items or performance relating to the Agreement. ii. The Products/Completed Operations Liability coverage will be provided for a period of at least two (2) years after the completion of the Agreement. iii. The Contractual Liability Insurance coverage will insure the performance of the contractual obligations of Town contained in this Agreement, including, without limitation, all contractual indemnity obligations. 9. Town shall provide performance and usage data ("Data") to the Authority on an annual basis for the Charging Stations installed under the Leviton New York Program. Town shall report the Data to the Authority beyond the termination of this Agreement, until five years from the Effective Date. Data shall include the information listed below and such other information as the Authority may reasonably request. Required Vehicle and Charger Performance Data includes the following: i. Monthly energy usage data if available ii. Hours of operation iii. Parking and charging facilities iv. Fuel usage (MPG) V. Driver and facilities management feedback vi. Overall impressions, lessons learned, 10. This Agreement shall terminate on the fourth anniversary of the Effective Date. Those provisions of this Agreement intended to survive its termination or expiration, including, but not limited to Sections 4, 8, 9, and 13, shall survive its termination or expiration. r 11. Nothing contained in this Agreement shall be construed to make the Parties partners or joint ventures or to render a Party liable for the debts or obligations of the other Party. 12. Before any press release or other public disclosure shall be issued concerning Town's participation in the Project, Town shall consult with the Authority as to the form and content of such press release or public disclosure. The Authority shall have the right to require reasonable changes if such changes are requested within five (5) business days of receiving any proposed press release(s) or other public disclosure. Nothing in this Section shall prohibit either Town or the Authority from making any disclosure which its legal counsel deems necessary or advisable to fulfill Town's or the Authority's disclosure obligations under applicable law. 13. To the extent permitted by law, Town shall assume the entire responsibility and liability for and defense of and pay and indemnify the Authority and the State of New York against any loss, expense or liability and will hold each of them harmless from and pay any loss, damage, cost or expense (including without limitation,judgments, attorney's fees, and court costs) which the Authority or the State of New York incurs because of injury to or death of any person or on account of damage to property, or any other claim arising out of, in connection with, or as a consequence of, the performance of this Agreement and/or any act or omission of Town or any of its employees, agents, contractors or anyone for whose acts Town is liable arising out of or related to this Agreement. 14. No provision of this Agreement shall, directly or indirectly, create or give to any third party any claim or right of action against the Authority or Town 15. This Agreement shall constitute the entire agreement between the Parties with respect to the subject matter hereof. All other letters, agreements or communications whatsoever, whether oral or written, with respect to the subject matter contained herein are superseded by this Agreement and will be without effect. 16. This Agreement may not be transferred or assigned without the prior written consent of the Authority. Any purported assignment or other disposition of any rights or obligations hereunder without the prior written consent of the Authority shall be without effect. 17. This Agreement, including its Attachment, shall be governed by and construed under New York law without reference to its conflicts of law principles. Any action at law, suit in equity, or other judicial or other proceedings for the enforcement of this Agreement or any of its provisions must be brought in and maintained only in a court located in Westchester County, New York. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. POWER AUTHORITY OF THE STATE OF NEW YORK TOWN OF S OupeP By: By; Donna Keough Sco ll Manager,Energy Services&Technology& Supervisor SENY Procurement Date: Date: �a Ja► l f ATTACHMENT A AUTHORIZATION FOR AUTOMATIC DEPOSIT NAME OF DEPOSITOR: Town of Southold (Print Name(s) as shown on bank records) DEPOSITORY BANK: The Suffolk County National Bank (Print Name of Bank and Branch, if any) ADDRESS: PO Box 9000, Riverhead,NY 11901 ACCOUNT NUMBER: 630000099 TRANSIT/ABA NUMBER: 021405464 FEDERAL I.D. NUMBER: 11-6001939 Depositor will provide the Power Authority with written notice fifteen(15)Business Days prior to changing banks. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES BY: NAME: TITLE: DATE: