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HomeMy WebLinkAboutRESO 103121 6059777 1 1 9 8 5 Resolution No. 10312 Resolution of the Council of the City of Palo Alto Authorizing the City Manager or Their Designee to Transact for Electric Supplies to Meet the City’s Electrical Loads under Electric Master Agreements, under Specified Terms and Conditions During Calendar Years 2026 through 2040, Inclusive R E C I T A L S A. By Resolution 10204 adopted in 2024, the City Council authorized the City Manager or their designee to transact electric supplies to meet the City’s electrical loads under electric Master Agreements with suppliers during a 15-year delivery period, between calendar years 2025 through 2039, under the following conditions: I. The maximum term of any transaction shall not exceed three years, commencing on the date of execution of the transaction; II. No transaction entered into shall extend beyond December 31, 2039; III. The maximum expenditure under any Master Agreement shall not exceed $75 million in the aggregate. B. The Resolution also noted Council’s approval of an Energy Risk Management Policy, via Resolution 92721, which provided for the oversight and controls necessary to manage risks inherent in transacting electric supply under the Master Agreements; the Risk Management Policy has since been updated, most recently in June 2024 via Resolution 101662. C. Since the authorization provided in 2024 via Resolution 102043, staff has undertaken over 20 transactions totaling $59.7 million, of which $33.1 million is outstanding, meaning that delivery will occur during or after August 2026; D. In December 2016, via Resolution 96524, Council approved a standard form electric master agreement based on the year 2000 version of the Edison Electric Institute (EEI) Master Power Purchase and Sale Agreement. This standard form agreement has been made available to any wholesale utility supplier on the City’s website since that time; however, execution of, and delegation of authority to transact under, standard form master agreements with specific suppliers remains subject to Council approval before any transactions may be completed. The Council of the City of Palo Alto does RESOLVE as follows: 1 Resolution 9272: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=53542&dbid=0&repo=PaloAlto 2 Resolution 10166: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=62033&dbid=0&repo=PaloAlto 3 Resolution 10204: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=62085&dbid=0&repo=PaloAlto 4 Resolution 9652: https://recordsportal.paloalto.gov/WebLink/DocView.aspx?id=54485&dbid=0&repo=PaloAlto Docusign Envelope ID: 52ABDE49-58FF-8390-8001-6CACC1C617A4 2 6059777 1 1 9 8 5 SECTION 1. The Council authorizes the City Manager or their designee to execute transactions under Council-approved Master Agreements with pre-approved suppliers to purchase and/or sell electricity supplies and related services to meet the City’s forecasted electricity load and regulatory requirements, subject to the following conditions: (a) The date for delivery of the electricity supplies for each transaction shall not exceed 36 months from the date the transaction is executed; (b) The delivery date of any transaction shall not extend beyond December 2040; (c) The maximum aggregate transaction limit under each Master Agreement shall be $125 million. However, as an additional risk mitigation measure, Utilities staff will notify the City’s Utilities Risk Oversight and Coordinating Committee9 (UROCC) whenever a given supplier approaches the $75 million transaction limit authorized by Resolution 10204, to permit the UROCC to advise staff on whether to authorize additional transactions up to the $125 million authorized herein for that supplier; (d) All transactions shall be subject to the Palo Alto Municipal Code; (e) All transactions shall be subject to the City’s Energy Risk Management Policy; and (f) The $33.1 million worth of outstanding transactions (to be delivered during or after August 2026) shall be applied against the $125 million maximum expenditure limit per Master Agreement established herein. SECTION 2. The suppliers that have Master Agreements with the City and are authorized to transact are listed below; this list may be expanded with City Council approval. a. Avangrid Renewables, LLC; b. BP Energy Company; c. Cargill Power Markets, LLC; d. Constellation Energy Generation, LLC; e. DRW Energy Trading LLC; f. Dynasty Power Inc.; g. NextEra Energy Marketing, LLC; h. NRG Business Marketing LLC; i. PacifiCorp; j. Powerex Corp; k. Shell Energy North America (US), L.P.; l. Silicon Valley Clean Energy Authority (SVCE); and m. Turlock Irrigation District. 9 The UROCC, which consists of the Directors of Utilities, Public Works, and Administrative Services, as well as a representative from the City Manager’s Office, ensures proper risk management controls are in place with respect to the City’s energy procurement, and ensures compliance with the Council-approved Energy Risk Management Policy. Docusign Envelope ID: 52ABDE49-58FF-8390-8001-6CACC1C617A4 3 6059777 1 1 9 8 5 SECTION 3. The Council hereby finds that authorizing the City Manager or their designee to transact for electric supplies to meet the City’s electrical loads under electric Master Agreements will not result in any direct or indirect physical change in the environment, and therefore does not constitute a project requiring environmental assessment for the purposes of the California Environmental Quality Act, pursuant to CEQA Guidelines section 15378(b)(5). INTRODUCED: AUGUST 17, 2026 PASSED: AUGUST 17, 2026 AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER NOES: ABSTENTIONS: ABSENT: ATTEST: _____________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: _____________________________ ______________________________ Assistant City Attorney City Manager ______________________________ Director of Administrative Services ______________________________ Director of Utilities Docusign Envelope ID: 52ABDE49-58FF-8390-8001-6CACC1C617A4 Certificate Of Completion Envelope Id: 52ABDE49-58FF-8390-8001-6CACC1C617A4 Status: Completed Subject: RESO 10312 - Authorizing the City Manager or Their Designee to Transact for Electric Supplies to Source Envelope: Document Pages: 3 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Nicole Bissell AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Nicole.Bissell@PaloAlto.gov IP Address: 165.225.242.117 Record Tracking Status: Original 8/25/2026 6:20:57 PM Holder: Nicole Bissell Nicole.Bissell@PaloAlto.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Amy Bartell Amy.Bartell@paloalto.gov Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 136.226.80.114 Sent: 8/25/2026 6:23:20 PM Viewed: 8/26/2026 6:01:08 AM Signed: 8/26/2026 6:01:52 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Alan Kurotori Alan.Kurotori@paloalto.gov Director of Utilities City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 165.225.242.91 Sent: 8/26/2026 6:01:54 AM Viewed: 9/4/2026 10:03:03 AM Signed: 9/4/2026 10:03:35 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Lauren Lai Lauren.Lai@paloalto.gov Director Administrative Services/CFO COPA Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 2601:647:c201:8af0:a110:8869:5a55:7bbd Sent: 9/4/2026 10:03:36 AM Viewed: 9/4/2026 2:05:12 PM Signed: 9/4/2026 2:06:47 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Ed Shikada Ed.Shikada@paloalto.gov City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 165.225.242.99 Sent: 9/4/2026 2:06:49 PM Viewed: 9/8/2026 2:30:39 PM Signed: 9/8/2026 2:30:49 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Signer Events Signature Timestamp Veenker, Vicki vicki.veenker@paloalto.gov City of Palo Alto Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 2601:647:4080:be0:a8c6:b7cd:559b:94d4 Sent: 9/8/2026 2:30:50 PM Viewed: 9/12/2026 12:55:36 PM Signed: 9/12/2026 12:56:58 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Mahealani Ah Yun Mahealani.AhYun@PaloAlto.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 170.85.155.21 Sent: 9/12/2026 12:57:00 PM Viewed: 9/14/2026 6:31:51 PM Signed: 9/14/2026 6:32:10 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 8/25/2026 6:23:20 PM Certified Delivered Security Checked 9/14/2026 6:31:51 PM Signing Complete Security Checked 9/14/2026 6:32:10 PM Completed Security Checked 9/14/2026 6:32:10 PM Payment Events Status Timestamps