MINUTES OF MAY 5, 2009 - North Warren Regional School District

NORTH WARREN REGIONAL NOVEMBER 7, 2011 Page 2 of 6BOARD OF EDUCATIONWHEREAS, the North Warren Regional Board of Education (BOE) has developed a RenewableEnergy Program (Program) to provide for, among other things, the design, construction, installation,operation and maintenance of photovoltaic solar energy systems (Systems) at the sole cost of thewinning solar developer (Successful Respondent) to be located on certain buildings and lands owned orcontrolled by the BOE (BOE Facilities); andWHEREAS, as part of the Program, pursuant to the competitive contracting provisions of thePublic Schools Contracts Law, N.J.S.A. 18A:18-1 et seq. (PLCL), on September 7, 2011 the BOEissued a “Request for Proposals for a Developer of Photovoltaic Systems with Respect to CertainNorth Warren Regional Board of Education Facilities in the Township of Blairstown” (RFP)seeking a Power Purchase Agreement (PPA) for the purchase by the BOE of electricity, at reducedrates, generated by the Systems at the BOE Facilities; andWHEREAS, the RFP permitted respondents to propose on either or both of two options: Option1, which included a combination of roof-mounted and ground-mounted solar installationsandconstruction and installation of certain roof replacements at the BOE Facilities (CapitalImprovement Projects), and Option 2, which included only ground-mounted solar installations atthe BOE Facilities; andWHEREAS, on October 13, 2011, the BOE received two proposals on Option 2 only, fromVanguard Energy Partners, LLC, including its financing partner, Smart Energy Capital(Vanguard) and from Barrier Electric, including its financing partner and developmentconsultant, Hudson Energy Solar and EZNERGY LLC, respectively (Barrier), as follows:Vanguard: $0.092/kWh with a 2.75% annual escalationBarrier: $0.0989/kWh with a 2.5 annual escalation; andWHEREAS, Vanguard’s proposal failed to include the correct PPA Price Quotation form forOption 2, which requested certain price adjustment factors required by Addendum Number 1issued on September 21, 2011, andWHEREAS, Vanguard’s failure to submit the correct PPA Quotation form is a material, nonwaivabledeficiency mandating rejection of its proposal; andWHEREAS, Barrier’s Option 2 proposal was reviewed by the BOE’s evaluation team, whichawarded it an overall score of 92; andWHEREAS, a report entitled “Evaluation Report Prepared for the North Warren Regional Boardof Education, dated November 4, 2011” (a copy of which is attached hereto as Exhibit A and wasmade available to the public on the BOE’s website at least 48 hours before adoption of thisResolution) was prepared by the BOE’s evaluation team pursuant to law; andWHEREAS, the Evaluation Report recommends that Barrier’s proposal be accepted and acontract be awarded under Option 2, in accordance with the RFP,NOW, THEREFORE, BE IT RESOLVED BY THE NORTH WARREN REGIONALBOARD OF EDUCATION as follows:1. The foregoing recitals are incorporated herein as if set forth at length.2. The BOE hereby rejects Vanguard’s proposal for the reasons set forth herein above.3. The BOE has reviewed the Evaluation Report and accepts the recommendation therein thatBarrier’s proposal be accepted and that Barrier be designated as the Successful Respondentto the RFP in accordance with the terms of its Option 2 Proposal at a Power PurchaseAgreement Price commencing at $0.0989/kWh with a 2.5% annual escalation.4. The Superintendent, Business Administrator or their designee are hereby severallyauthorized to (a) execute and deliver to Barrier the Project Documents incorporating theterms of its Option 2 proposal, and (b) take such other action, including without limitationthe execution and delivery of such other certificates, instruments or other documents inconnection therewith or otherwise contemplated thereby.