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HomeMy WebLinkAboutRESO 9896 6055374 Resolution No. 9896 Resolution of the Council of the City of Palo Alto Approving the Amended and Restated Market Purchase Program Agreement with the Northern California Power Agency, Authorizing the City Manager or Their Designee to Authorize NCPA to Purchase and Sell Electricity and Related Products Under the Agreement, and Approving Revisions to the City’s Energy Risk Management Policy R E C I T A L S A. The City of Palo Alto (City, Member, Participant) is a founding member of the Northern California Power Agency (NCPA), a joint action agency providing members with opportunities for joint generating, transmission and other projects, as well as supporting programs such electrical load and supply balancing services and legislative advocacy to publicly owned utilities throughout Northern California. B. NCPA offers its members additional support services such as transacting in energy supplies and related products for durations of greater than one month. These energy products include the purchase and sale of energy, electrical resource adequacy capacity, renewable energy credits and other authorized electricity-related products as outlined in Section G of the Council-approved Energy Risk Management Policy. C. Approval of the attached Market Purchase Program (MPP) Agreement between the Northern California Power Agency (NCPA) and the City will provide the opportunity for the City to receive the benefit of these new services. D. Section 6.3 of the MPP Agreement provides that the City’s Designated Representatives are responsible for committing to individual transactions on behalf of City and that the governing board of said member delegates authority to NCPA to bind the City/Participant to contractually receive and pay for service offerings in writing through a Participant Authorization process. E. In addition, the City’s participation in the MPP Agreement requires revisions to the City’s Energy Risk Management Policy to recognize NCPA’s role to transact in energy supply products for durations greater than a month, and to stipulate that such transactions will be undertaken under the framework of NCPA’s Energy Risk Management Policy, with additional conditions, if any, imposed by staff upon each transaction as needed to conform to City’s ERM Policy, Guidelines and Municipal Code. The Council of the City of Palo Alto RESOLVES as follows: DocuSign Envelope ID: F39BB7A1-C701-4FDA-BDB7-D66948D8DF45 6055374 SECTION 1. The Council approves and authorizes the City Manager or their designee to execute the Market Purchase Program Agreement (MPP Agreement) (Attachment B) between the Northern California Power Agency and the City of Palo Alto under which the City may authorize NCPA to purchase and sell electricity and related products on behalf of the City; SECTION 2. The Council designates the Utilities Director as the City’s Designated Representative under the MPP Agreement to authorize NCPA to purchase and sell electricity and related products on behalf of the City, subject to the following conditions: a. Transaction terms may not exceed five years; b. Transactions must be pre-authorized by the City Manager or the Utilities Director. c. The City’s transaction volume under the MPP Agreement in any given fiscal year may not exceed the Council-approved budget for that fiscal year, and transactions will be limited to those that meet Palo Alto’s need for electricity- related Authorized Products, as defined in the City’s Energy Risk Management Policy. d. Transactions must comply with the City’s Energy Risk Management Policy, Energy Risk Management Guidelines and Municipal Code, including but not limited to sections 2.30.340 (c) and (d), which require certain standard contract terms and forms for wholesale utilities commodities and services contracts, and set forth the process by which NCPA may purchase and sell wholesale utility commodities and services on the City’s behalf; e. Transactions will be exempt from competitive solicitation under Section 2.30.360(l), so long as NCPA’s solicitation method and contract form is substantially similar to that required by the City’s municipal code. SECTION 3. The Council authorizes the City’s participation in the MPP until the end of 2040. In 2038, staff will bring a recommendation to Council to terminate or extend participation in the MPP, and will work with NCPA to implement Council’s direction accordingly. SECTION 4. The Council approves modifications to the City’s Energy Risk Management Policy (Attachment C) to recognize the role of NCPA in transacting electric energy-related products under the MPP agreement. // // // // DocuSign Envelope ID: F39BB7A1-C701-4FDA-BDB7-D66948D8DF45 6055374 SECTION 5. The Council’s adoption of this Resolution authorizing the City Manager to execute the attached MPP Agreement, and amending the City’s ERMP, does not require review under the California Environmental Quality Act, because these actions are not projects under section 21065 of Public Resources Code and section 15378(b)(5) of CEQA Guidelines, as administrative governmental activities which will not cause a direct or indirect physical change in the environment. INTRODUCED AND PASSED: June 22, 2020 AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Assistant City Attorney City Manager Director of Utilities Director of Administrative Services DocuSign Envelope ID: F39BB7A1-C701-4FDA-BDB7-D66948D8DF45 Certificate Of Completion Envelope Id: F39BB7A1C7014FDABDB7D66948D8DF45 Status: Completed Subject: Please DocuSign: RESO 9896 Approving MPP and Modifications to ERMP.docx Source Envelope: Document Pages: 3 Signatures: 6 Envelope Originator: Certificate Pages: 5 Initials: 0 Kim Lunt AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 6/23/2020 1:19:25 PM Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Amy Bartell Amy.Bartell@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/23/2020 1:23:11 PM Viewed: 6/24/2020 5:32:26 AM Signed: 6/24/2020 5:33:01 AM Electronic Record and Signature Disclosure: Accepted: 7/16/2015 5:52:40 AM ID: d8ecb53d-ef81-4016-8886-1560c48de42a Kiely Nose kiely.nose@cityofpaloalto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 67.188.165.167 Sent: 6/24/2020 5:33:03 AM Resent: 6/24/2020 7:39:18 AM Viewed: 6/24/2020 10:54:58 AM Signed: 6/24/2020 10:55:20 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dean Batchelor Dean.Batchelor@CityofPaloAlto.org Director of Utilities Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/24/2020 10:55:22 AM Viewed: 6/24/2020 11:08:12 AM Signed: 6/24/2020 11:08:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/24/2020 11:08:33 AM Viewed: 6/24/2020 11:39:23 AM Signed: 6/24/2020 11:39:31 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Adrian Fine adrian.fine@cityofpaloalto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 108.228.10.70 Sent: 6/24/2020 11:39:34 AM Viewed: 6/24/2020 11:47:12 AM Signed: 6/24/2020 11:47:22 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Beth Minor Beth.Minor@CityofPaloAlto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/24/2020 11:47:25 AM Viewed: 6/24/2020 12:06:58 PM Signed: 6/24/2020 12:07:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/24/2020 11:47:25 AM Certified Delivered Security Checked 6/24/2020 12:06:58 PM Signing Complete Security Checked 6/24/2020 12:07:16 PM Completed Security Checked 6/24/2020 12:07:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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