HomeMy WebLinkAboutRESO 9725
Resolution No. 9725
Resolution of the Council of the City of Palo Alto Approving the Verified
Emission Reduction Agreement (VER Agreement) with the Integrative
Organization of Oaxaca Indigenous and Agricultural Communities
RECITALS
A. On December 5, 2016, the Council adopted Resolution 9649 approving a
Carbon Neutral Natural Gas Plan to achieve a carbon neutral gas portfolio by fiscal year
2018 with no greater than a 10¢/therm rate impact.
B. In accordance with the Carbon Neutral Natural Gas Plan, the City must
purchase environmental offsets or verified emission reductions equal to the annual emissions
from natural gas use by all City of Palo Alto Natural Gas Utility customers.
C. By Resolution 9703 approved August 21, 2017, Council approved the
standard form Verified Emissions Reduction Master Agreement (Standard Form VER
Agreement).
D. Oaxaca, Mexico is a sister city of the City of Palo Alto.
E. The integrative organization of Oaxaca Indigenous and Agricultural
Communities (ICICO) sells environmental offsets from a forestry project in Oaxaca,
Mexico (the Oaxaca Project).
F. The carbon offsets generated by the Oaxaca Project are substantially
similar in type, protocol and price to those contemplated by the Carbon Neutral
Natural Gas Plan.
G. The proposed Verified Emission Reduction Agreement to be entered
into with ICICO to purchase $136,000 of carbon offsets generated by the Oaxaca
Project (the Oaxaca VER Agreement) is substantively similar to the Standard Form VER
Agreement, with minor changes to reflecting the international transaction.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby approves the Oaxaca VER Agreement with the
ICICO to purchase 17,000 tons CO2e at $8 per ton CO2e from the Oaxaca Project, for a
total purchase price of $136,000; and
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; and
SECTION 3. The Council hereby delegates to the City Manager, or his designee,
the authority to execute the Oaxaca VER Agreement, and confirmation letter, and any
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
documents necessary to administer the Oaxaca VER Agreement that are consistent with the
Palo Alto Municipal Code and City Council approved policies; and
SECTION 4. Adoption of this Resolution approving the Oaxaca VER Agreement is
categorically exempt from CEQA review under CEQA Guidelines sections 15307 and 15308, as
an action taken for the protection of natural resources and the environment.
INTRODUCED AND PASSED: December 4, 2017
AYES: DUBOIS, FILSETH, HOLMAN, KNISS, KOU, SHARFF, WOLBACH
NOES: TANAKA
ABSTENTIONS:
ABSENT: FINE
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney or designee City Manager
Director of Administrative Services
Director of Utilities
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
AGREEMENT FOR THE PURCHASE AND SALE OF VERIFIED EMISSION REDUCTIONS
This Agreement for the Purchase and Sale of Verified Emission Reductions (the
"Agreement") is made a of thi _4th_ day of December, 2017 ("Effective Date"). by and
between the City of Palo Alto, alifomia. a chartered California municipal corporation with it
primar: · busine address at 250 Hamilton Avenue, Palo Alto California 94301 ("City" or
''Buyer") and Integrator of indigenous and peasant communities of Oaxaca (IClCO AC), a Non
Governmental Organization formed in Oaxaca State, Mexico, with its primary business address at uc, lipto 307 A, Colonia Reforma, Oaxaca de Juarez, Oaxaca, Postal Code 68050 ("Seller"). Thi, k;reement. together with any and all Confirmation Letters and other schedule and exhibits related 10 Verified Emission Reductions (as defined herein) shall be refen-ed to as the "Agrel·ment".
RECITALS:
ThL' Patiie wish to buy and sell Verified Emission Reductions on the terms et forth in this Ag ·eement:
B.Bu:,,er wishes to enter into thi Agreement with eller to facilitate Verified EmissionReductions purchase to manage various customer programs administered by the Buyer; ai1d
C.eller has access to Verified Emis ion Reduction· and wishes to enter into this Agreeme;0 :,·,,·.:,1�}Jt
with Buyer to pa11icipate in the Verified Emi sion Reduction purcha e that the City a.fay: 1 'J·.
unclertak from time to time. ·1 '
W. THEREFORE, in onsiderJtion of the recitals and the covenants, terms ai1d
condition of thi Agreement. the Parties agree:
FC. ICl120626GB3 AGREEMENT UCALIPTOS NO 307 A
_ OL AEFr Mr., MXACA 0£ JUAIIEZ, OAX. t.P. re 50, TEL. 5743391 I.Term and Termination. The term ofthi Agreement shall commence on the EffectiveDate, a· ·et fo11h above, and hall remain in effect until terminated by either Party upon thirty (]0) days' prior written notice. subject to the provi ions of ection 24, e cept that any uch t rmination hall not be effective until all payment . deliveries and other obligations of the Panic under thi Agreement. and any Confirmation L tters executed thereunder, have been
com pk tcd.
2.Definitions. A used in thi Agreement, the following term hav the re pectivemeanirgs set forth below, unle s the context otherwi e clearly indicates. Other capitalized terms are der ned elsewhere in thi g.i·cement.
.. Applicable Law" means all legally binding constitutions, treatie , statutes, laws, ordina11ce . rule . regulation., orders. interpretati n . permit . judgment , decree . injunction . ,Hit and order of any Gov mmental Authorit or arbitrator that appl, to the Verified Emission Reducti n or any one or both of the Pa11ies or tht: terms hereof.
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
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DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
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James Keene
City Manager
12/13/2017
DocuSign Envelope ID: 20792ACD-B65F-4B16-9860-11C7CF4BC9B0
Certificate Of Completion
Envelope Id: 20792ACDB65F4B16986011C7CF4BC9B0 Status: Completed
Subject: Please DocuSign: RESO 9725 Approving VER Agreement with Oaxaca Communities.docx, RESO 9725 -VER...
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Certificate Pages: 6 Initials: 0 Irma Mora
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250 Hamilton Ave
Palo Alto , CA 94301
Irma.Mora@CityofPaloAlto.org
IP Address: 12.220.157.20
Record Tracking
Status: Original
12/5/2017 1:42:32 PM
Holder: Irma Mora
Irma.Mora@CityofPaloAlto.org
Location: DocuSign
Signer Events Signature Timestamp
Ed Shikada
Ed.Shikada@cityofpaloalto.org
Assistant City Manager
City of Palo Alto
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(None)
Using IP Address: 12.220.157.20
Sent: 12/5/2017 2:01:56 PM
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Signed: 12/5/2017 3:40:06 PM
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Lalo Perez
Lalo.Perez@cityofpaloalto.org
Chief Financial Officer
City of Palo Alto
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Elisa Larson
Elisa@larsonlawus.com
Attorney for Senior Deputy City Attorney
Elisa Larson
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James Keene
James.Keene@cityofpaloalto.org
City Manager
City of Palo Alto
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ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3
Signer Events Signature Timestamp
H. Gregory Scharff
Greg.Scharff@cityofpaloalto.org
Mayor
City of Palo Alto
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Beth Minor
Beth.Minor@cityofpaloalto.org
City Clerk
City of Palo Alto
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Marites Ward
Marites.Ward@cityofpaloalto.org
Administrative Assistant
City of Palo Alto
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Karla Dailey
Karla.Dailey@cityofpaloalto.org
Sr. Resource Planner
City of Palo Alto Utilities
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Sent: 12/13/2017 9:24:40 AM
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Melody Vega
Melody.Vega@cityofpaloalto.org
Administrative Associate II
City of Palo Alto
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Sent: 12/13/2017 9:24:40 AM
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