HomeMy WebLinkAboutTB 2022-171 Authorize Supervisor to sign an MOU Local PowerMEETING OF THE ITHACA TOWN BOARD
November 14, 2022
TB Resolution 2022 - 171: Approval of an MOU between Town of Ithaca & Local Power LLC
MEMORANDUM OF UNDERSTANDING Between Town of Ithaca and Local Power LLC
This Memorandum of Understanding is entered into on November 14, 2022, between Local Power LLC, located at 91 Mountain St., Haydenville, MA, and the Town of Ithaca, New York, located
at 215 North Tioga Street, Ithaca, NY 14850.
WHEREAS, Local Power LLC, worked actively with Town Board Members and Staff on the preparation of a Community Choice Aggregation (CCA) program from November, 2021 to July, 2022, funded
by a Park Foundation grant administered by Sustainable Tompkins, and has continued to work on a pro bono basis for the Town from August, 2022 to October, 2022; and
WHEREAS, Local Power’s work during this time included original drafting of the Town of Ithaca’s Local Law establishing a CCA program, as well as the definition of a third-party CCA Administrator
to manage the program, based on 9 interviews with Town Board Members and executive staff, ten meetings with the CCA Group including Town Board members and staff, three meetings with
interested area municipal Town Boardsand staff, as well as outreach to two individual Town Boards, the incorporation of feedback on our implementation plan which resulted in the Local
Law and other program documents; and
WHEREAS, since the Park Foundation grant expired, Local Power LLC has continued in good faith to work with and for the Town, preparing pro bono presentations of CCA program development
and CCA planning documents, and participating in meetings and strategy for the Town, so that it is prepared to present a CCA program for Town Board approval early in 2023; and
WHEREAS, The City of Ithaca has entered into a contract with Local Power LLC to prepare a CCA Implementation Plan for submission to the Public Service Commission (PSC), and management
of a Request for Proposals (RFP) operation to procure suppliers for electricity, gas and newly developed Distributed Energy Resources (DER); and
WHEREAS, the Town Local Law establishing CCA in the Town, Chapter 135, adopted in 2022, outlines the duties of a CCA Administrator, including preparation of CCA plans for the PSC and
management of the RFP process, as well as ongoing development of local renewable Distributed Energy Resources, and defines a program design by Local Power LLC to achieve physical decarbonization
of energy, including power, heat, transportation and waste; and
WHEREAS, the Town does not have funds available to compensate Local Power LLC as a consultant in the manner of the City of Ithaca, and wishes Local Power LLC to continue to prepare the
Town’s CCA program so as to submit required plans to the PSC; now, therefore; be it
RESOLVED that, should the Town approve, and Local Power LLC submit the required CCA plans to the PSC, the Town will enter into an Administrator Agreement with Local Power LLC as defined
by Chapter 135, subject to negotiation of terms, so that Local Power LLC may issue RFPs for the services required by the Town, and collect data on behalf of the Town, and be it further
RESOLVED, that compensation levels to Local Power LLC, which will be paid by participating customers, as well as the duration of Local Power LLC’s contract, will be negotiated in good
faith, reflecting Local Power’s work performed at risk and without Town compensation, based on industry standards and workload, but will consist of payments for gas, electricity and
DERs created in the CCA Local Law Chapter 135, and be it further
RESOLVED that Local Power LLC is requested and authorized to prepare the CCA 3.0 program created by Town Law Local Chapter 135, and be it further
RESOLVED, that this Memorandum of Understanding does not bind the Town to accept Local Power LLC as its CCA Administrator, which decision shall not occur until the Town Board votes on
whether to adopt Local Power’s CCA Implementation Plan.
(Signature copy on file)
Moved: Rod Howe Seconded: Rich DePaolo
Vote: ayes – Levine, Goodman, DePaolo, Howe, Bleiwas, Johnson and Rosen