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HomeMy WebLinkAboutRESO 9545DocuSign Envelope 10: 6E21 C78C-3141 -4845-9EBC-831972366CE9 Resolution No. 9545 Resolution of the Council of the City of Palo Alto Approving an Assignment, Assumption, and Consent Agreement with J.P. Morgan Ventures Energy Corporation and Mercuria Energy Gas Trading LLC RECITALS A. In March 2007 the Palo Alto City Council adopted Ordinance 4936 approving J.P. Morgan Ventures Energy Corporation ("J.P. Morgan"} as a counterparty eligible to do business with the City of Palo Alto ("City"}. B. J.P. Morgan has been an active counterparty transacting gas commodity and gas commodity-related services with the City. C. The City purchases gas for the portfolio at month and daily index-based prices and changes retail rates monthly to reflect those market prices. D. In October of 2014, JP Morgan Chase & Company sold J.P. Morgan Ventures Energy Corporation to Mercuria Energy Gas Trading LLC ("Mercuria"}. E. Mercuria is a privately-held company that does not have a published credit rating. The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council approves the Assignment, Assumption and Consent Agreement ("Assignment Agreement"} with J.P. Morgan Ventures Energy Corporation ("J.P. Morgan"} and Mercuria Energy Gas Trading LLC ("Mercuria"}. SECTION 2. The Council waives the application of the investment-grade credit rating requirement of section 2.30.340(c} of the Palo Alto Municipal Code, which applies to energy companies that do business with the City. SECTION 3. The Council delegates to the City Manager, and/or his designee, the authority to execute on behalf of the City the Assignment Agreement with J.P. Morgan and Mercuria which assigns the Base Contract for Sale and Purchase of Natural Gas with J.P. Morgan to Mercuria as of the date of execution. II II II 082715 jjs 999010 1 DocuSign Envelope 10: 6E21 C78C-3141-4845-9EBC-B31972366CE9 SECTION 4. The Council's approval of this Assignment, Assumption and consent Agreement does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21065. INTRODUCED AND PASSED: September 21, 2015 AYES: BERMAN, BURT, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH NOES: ABSENT: ABSTENTIONS: ATIEST: ~ City Clerk Mayor APPROVED AS TO FORM: APPROVED: QDocuSigned by: ltd!tf-~ 39E7298FB2064DB ... Senior Deputy City Attorney City Manager (\DocuSigned by: ~~~!~~ Director of Utilities [IX""P~ B2ADF35ED7C5496 ... Director of Administrative Services 082715 jjs 999010 2 Certificate Of Completion Envelope Number: 6E21 C78C314148459EBCB31972366CE9 Subject: Please DocuSign this document: RESO 9545 JP Morgan Mercuria 8.27.15 FINAL.pdf Source Envelope: Document Pages: 2 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original 10/7/20154:01 :39 PM PT Signer Events Jessica Mullan Jessica.Mullan@CityofPaloAito.org Jessica.Mullan@CityofPaloAito.org City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered ID: Lalo Perez Lalo.Perez@CityofPaloAito.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered ID: Valerie Fong Valerie.Fong@CityofPaloAito.org Utilities Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered ID: James Keene james.keene@cityofpaloalto.org City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM PT I D: 44 fe333a-6a81-4cb 7 -b 7 d4-9254 73ac82e3 In Person Signer Events Editor Delivery Events Signatures: 4 Initials: 0 Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Signature 1Jt7s;:··~ L E60E54BD34C54C6 ... Using IP Address: 199.33.32.254 r-70ocuSignnd by: ~0~~96 Using IP Address: 166.176.184.70 Signed using mobile lv:i:~·;;~~ L 10583588F83E412 ... Using IP Address: 199.33.32.254 0 DocuSigned by: Llt.~,:t! Using IP Address: 199.33.32.254 Signature Status Docu ~. Status: Completed Envelope Originator: Kim Lunt 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254 Location: DocuSign Timestamp Sent: 10/7/2015 4:07:24 PM PT Viewed: 11/24/2015 9:15:14 AM PT Signed: 11/24/2015 9:32:37 AM PT Sent: 11/24/2015 9:32:38 AM PT Viewed: 11/24/2015 10:52:40 AM PT Signed: 11/24/2015 10:53:02 AM PT Sent: 11/24/2015 10:53:03 AM PT Viewed: 11/24/201510:54:34AM PT Signed: 11/24/201510:54:49AM PT Sent: 11/24/2015 10:54:50 AM PT Viewed: 11/30/201511:43:13 PM PT Signed: 11/30/2015 11 :43:23 PM PT Timestamp Timestamp ~~ SECURlD