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An ordinance approving a Solar Services Agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services, and Lightwave Sustainable Ventures, LLC for the design, construction, operation, management, and administration services related to photovoltaic solar facilities located at the Juvenile Justice Center building
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WHEREAS, renewable energy sources are inexhaustible, and free of climate-warming pollution that is harmful to human and environmental health; and,
WHEREAS, Metropolitan Code of Laws Section 2.32.080 sets forth renewable energy portfolio standards to power Metropolitan General Government operations, with the Metropolitan Government required to utilize 100% tier-one renewable energy sources by 2041, not less than 10% of which must be from solar; and,
WHEREAS, the Metropolitan Government of Nashville and Davidson County awarded three indefinite delivery/indefinite quantity (“IDIQ”) contracts, including Contract No. 6559760 to Lightwave Solar, LLC to finance, design, procure, install, own, lease, operate, and maintain solar photovoltaic installations on properties owned by the Metropolitan Government; and,
WHEREAS, pursuant to Contract No. 6559760, the Metropolitan Government, acting by and through the Department of General Services, selected Lightwave Solar, LLC to enter into a Solar Services Agreement for the design, construction, operation, management, and administration services related to the photovoltaic solar facility, (the “System”), located at the Juvenile Justice Center building on 1354 Brick Church Pike, Nashville TN 37207; and,
WHEREAS, Lightwave Solar, LLC entered into an Assignment and Assumption Agreement with Lightwave Sustainable Ventures, LLC related to Contract No. 6559760, approved by the Metropolitan Government; and,
WHERAS, in order to construct the System, pursuant to the Solar Services Agreement, the Metropolitan Government must agree to license a portion of the premises where the System will be located to Lightwave Sustainable Ventures, LLC; and,
WHEREAS, the term of the Solar Services Agreement is thirty (30) years, calculated from the date at which Lightwave Sustainable Ventures, LLC gives General Services written notice that the System is mechanically complete and capable of providing electric energy to the delivery point; and,
WHEREAS, Section 4.12.160 of the Metropolitan Code of Laws limits the term of contracts for supplies to sixty (60) months, unless otherwise authorized by the Metropolitan Council; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this Solar Services Agreement be approved.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Solar Services Agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of General Services, and Lightwave Sustainable Ventures, LLC for the design, construction, operation, management, and administration services related to photovoltaic solar facilities located at the Juvenile Justice Center building, attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.
Section 2. That the Director of Public Property Administration, or his designee, is authorized to execute the Memorandum of License, attached hereto as Exhibit 5 to the Solar Services Agreement, and incorporated herein, in the form attached hereto or in substantially similar form.
Section 3. That any amendments to this Solar Services Agreement shall be approved by resolution of the Metropolitan Council receiving twenty-one (21) affirmative votes.
Section 4. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.