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HomeMy WebLinkAbout19501 - RESOLUTIONS - 4/21/1999 RESOLUTION NO. 19501 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING FOUR AGREEMENTS TO FORM A NEW ENERGY ALLIANCE BETWEEN CITY OF PALM SPRINGS ENERGY SERVICES AND NEW WEST ENERGY, A WHOLLY OWNED SUBSIDIARY OF SALT RIVER PROJECT, AND AUTHORIZING TERMINATION OF CERTAIN AGREEMENTS WITH ENRON CALIFORNIA AND ENRON POWER MARKETING AND ALL AMENDMENTS THERETO, SUBJECT TO CITY ATTORNEY APPROVAL. - - - - - - - - - - - - - - BE IT RESOLVED, by the City Council of the City of Palm Springs, California, approving four agreements between the City Palm Springs Energy Services(PSES)and New West Energy(NWE), and authorizing termination of certain agreements with ENRON California and ENRON Power Marketing, and all amendments thereto, as follows: Section 1. The City is authorized to enter into the following agreements with New West Energy (NWE): (a) The Municipal Utilities Services Agreement (MUSA), which serves as a framework and coordinating document which identifies and defines all necessary support services that New West Energy is required to provide to enable the City to continue to serve as a public agency aggregator within its municipal boundaries to coordinate the provision of unbundled energy and energy-related services to the City and to its residents and businesses. (b) The Retail Support Services Agreement,which identifies the services that New West Energy will be required to provide,either directly of through one or more of its affiliates, in order to service the PSES retail customers, and related implementing agreements with Southern California Edison Company. (c) The Financial Assurances Agreement,which addresses the allocation of certain risks to NWE to which the City may otherwise be exposed under the Retail Support Services Agreement and under a Power Purchase and Sale Agreement. Section 2. The City is authorized to enter into the following agreement with the Salt River Project: (a) A Power Purchase and Sale Agreement between the City and Salt River Project, a subdivision of the State of Arizona, for the purpose of obtaining wholesale electricity for resale to the City's customers. Salt River Project,the parent company of NWE, provides the wholesale power pursuant to Section 2.1(b) of the MUSA. Section 3. The following agreements with ENRON California and ENRON Power Marketing, and all amendments thereto, are hereby terminated,effective on the implementation dates of the newly approved agreements with New West Energy and Salt River Project, subject to the approval of such terminations by the City Attorney: ' (a)The Municipal Utilities Services Agreement with ENRON California Municipal Services, Inc., (formerly known as Palm Springs Utility Solutions, Inc., and First Point California, Inc.), Agreement 43764, dated 2/5/97; (b) A Power Purchase and Sale Agreement with ENRON Power Marketing, Inc., Agreement#3894 dated 1/14/99; and R19501 Page 2 Resolution-NWE April21, 1999 (c) A Retail and Support Services Agreement with ENRON California Municipal Services, Inc. (formerly known as Palm Springs Utility Solutions, Inc., and First Point California, Inc.), Agreement#3894, dated 1/14/98. ADOPTED this 21st day of Auri l , 1999. AYES: Members Barnes, Hodges, 0den, Reller-Spurgin adn Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRII GS, CALIFORNIA Bye vvL c-�, City Clerk City Aanager REVIEWED AND APPROVED AS TO FORM �4