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HomeMy WebLinkAboutAmber Kinetics - Energy Storage Study - 2016ENERGY STORAGE ECONOMIC FEASIBILITY ANALYSIS referred to as "Fresno" or the "City"), and Amber Kinetics, lnc., a California corporation ("Amber Kinetics"). City and Amber are sometimes collectively referred to in this Agreement as the "Parties" or singularly as a "Party" or by their individual names. RECITALS A. Amber Kinetics is in the business of developing kinetic energy storage technologies and products; and B. The City owns, operates, and maintains wastewater utility; and a water utility and a C. The City's water utility and wastewater utility are both generators and users of electricity; and D. The City wishes to determine the feasibility of reducing electricalpower costs for the water utility and wastewater utility through the impleméntation of Amber Kinetics' kinetic energy storage technologies and products at the Fresno-Clovis Regional Water Reclamation Facility site; a public water supply well site; and a sufface water treatment facility site; and E. Amber Kinetics has special expertise in the cost-effective manufacturing and development of projects utilizing multi-hour electricity storage and renewable energy technologies such as wind and solar. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and in these Recitals, which are hereby incorporated by this reference, City and Amber Kinetics hereby agree as follows: 1- Economic Feasibilitv Studv. Amber Kinetics hereby agrees tofund an economic feasibility analysis ("Feasibility Analysis"), also known as a tariff analysis, of customer-side meter flywheel energy storage at three sites owned and operated by the City: (a) the Fresno-Clovis Regional Water Reclamation Facility site;(b) a public water supply well site, and (b) a surface water treatment facility sité. An independent, third-party consulting company acceptable to City shall pérform the Feasibility Analysis with assistance from Amber Kinetics concerning the potential use of technology owned by Amber Kinetics. The Feasibility Analysis wilL review one (1) yearof main interval meter data for three sites selected by the City, including 'ón-site generation, and model PG&E electric bill savings from energy and demand time shifting, to calculate an optimally-sized, energy storage system using Amber Kinetics' four 1+)-hour discharge flywheel system. The Economic Feasibility Analysis will take into account the existing "Time Of Use" electricity rate schedule (energy and demand rates); along with any demand reduction tariffs that the City is enrolled in with pG&E. Fresnó shall own and have exclusive use of Feasibility Analysis upon completion. 1746429vt / 19040 0001 2. Amber Kinetics Offer. Once the Economic Feasibility Analysis is complete, Amber Kinetics will provide City with offers for the three sites studied based on Amber Kinetics' most competitive, discounted commercial and industrial pricing for both a demonstration-scale facility and a facility size determined by the Economic Feasibility Analysis to have the greatest net savings, using net present value (NPV) or another evaluation metric provided by the City. Amber will provide pricing based both on equipment-only and a turnkey system installed at three sites utilizing its safe, sustai nable flywheel system. 3. Non-Binding. Nothing in this Agreement shall be interpreted to bind the City to accept the offer or offers provided in Paragraph 2 above. The Parlies agree that neither Party shall be liable to the other for any costs incurred by the other Party as a result of this Agreement, including but not limited to costs related to staff time or expenses, or any opportunity costs incurred by either Party as a result of this Agreement. 4. Miscellaneous. (a) Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person or sent by mail, facsimile transmission, or electronic transmission (email). The addresses and addressees noted below are that Party's designated address and addressee for delivery or mailing of notices. To City: Thomas C. Esqueda, Director City of Fresno 2600 Fresno Street Fresno, CA93721 Telephone: (559) 621-8610 Facsimile: (559) 498-1 304 Email : Thomas. Esqueda@Fresno.Gov To Amber Kinetics: Bill Barnes Managing Director Development Amber Kinetics, lnc. 32920 Alvarado-Niles Road, Suite 250 Union City, CA 94587 Telephone: (a1 5) 21 8-3935 Facsimile: (510) 474 1000 Email : bbarnes@amberkinetics.com With copy to: Christopher L. Campbell BAKER MANOCK & JENSEN, PC 5260 N. Palm Avenue, Suite 421 Fresno, California 93704 Telephone: (559) 432-5400 Facsimile: (559) 432-5620 Email. Cça¡npbel l@bakermanoct Either Party may, by written notice to the other, specify a different address for notice. 1746429v1 / 19040.0001 (b) Entire Agreement. This Agreement and items incorporated herein contain all of the agreements of the Parlies with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. The Parties further warrant and represent that they have not relied on any inducements, promises, or representations made by any Party or its representative, or any other person, except for those expressly set forth herein. (c) Amendments. No provisions of this Agreement may be amendedor modified in any manner whatsoever except by an agreement in writing duly authorized by representatives of both Parties. (d) Counterparts. This Agreement may be signed by the Parties in different counterparts, which together shall constitute one Agreement, even though all Parties may not have signed the same counterpart. lN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. GITY AMBER KINETICS City of Fresno, a municipal corporation Amber Kinetics, lnc., a california corporation City Manager ATTEST: WONNE SPENCE, CMC City Clerk anaging Director APPROVED AS TO FORM: DOUGLAS T. SLOAN APPROVED AS TO FORM: Ed-a.,d (J.iAo CÐØ ßoa"À '\{c"r"b¿cM. Collet Deputy City Attorney t746429vt / 19040.0001