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CITY COUNCIL STAFF REPORT
DATE: JULY 5, 2017 LEGISLATIVE
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA AUTHORIZING IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM, AND APPROVING
THE "DESERT CITIES ENERGY CHOICE" JOINT POWERS
AGREEMENT
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
A Community Choice Aggregation (CCA) program enables city and/or county
governments to pool the electricity demand of multiple communities for the purpose of
supplying electricity. A CCA creates an economy of scale, buying and/or developing
power on behalf of the residents, business, and government electricity users. Electricity
continues to be distributed and delivered over existing electricity lines owned by a
jurisdiction's investor-owned utility, in the case of the City of Palm Springs, Southern
California Edison. CCAs often result in competitive electrical generation rates, provide
local control with respect to energy supply, and can promote derivation of electricity
from renewable sources and competition in the energy market, depending upon
administrative choices. The Coachella Valley Association of Governments' (CVAG)
Executive Committee considered this item on June 26, 2017. CVAG is now requesting
that member cities consider the joint powers agreement that will establish a joint powers
agency that will establish a CCA implemented and administered by joint powers agency
"Desert Cities Energy Choice," whether by that name or an alternative name that
emerges for the joint powers agency that will administer and implement the CCA
program for the Coachella Valley (in any case referenced as "DCEC" in this staff report
and the proposed Ordinance). This agenda item provides the City Council the
opportunity to take the action requested by CVAG.
RECOMMENDATION:
Waive the reading of the text and introduce for first reading Ordinance No. , AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM, AND
ITEM NO.3
City Council Staff Report
July 5, 2017 -- Page 2
Community Choice Aggregation for Electricity, Joint Powers Agreement
APPROVING THE "DESERT CITIES ENERGY CHOICE" JOINT POWERS
AGREEMENT.
STAFF ANALYSIS:
Careful creation and administration of a CCA can have many local benefits. A CCA
provides consumer choice where none currently exists, and if past performance is any
indicator, can also result in lower costs for electrical generation rates. As of May 2015,
three (3) CCAs were offering their customers twenty to fifty percent (20-50%) more
renewable energy than the predecessor utility at prices that were competitive and even
lower than the utility rates. Two of those CCAs were also procuring and co-developing
in-State and local renewable resources, and offering specialized energy programs
designed for their local service areas.
In CCAs, communities can increase the amount of electricity procured from sources
such as solar, wind, and geothermal. They can also develop innovative energy
programs tailored specifically to local preferences, and support the development of
green and clean tech energy and projects. Finally, through the competition that they can
promote, CCAs can help drive costs down, stimulate new energy investments, and
diversify power choices.
Once a CCA is operational, it is completely ratepayer funded, and not subsidized by
taxpayer dollars. One of the important features of the CCA is that while ratepayers can
"opt out" of participation in the program, the default status of each ratepayer is
participation. Ratepayer revenues for electrical generation that currently flow to the
incumbent utility are re-directed to the CCA, which becomes the default provider of
electrical generation services. A program's start-up funding can be provided by a
municipal government, a local agency, a grant or a private service provider. All startup
funding is recoverable through early program revenues. CVAG's proposal to form a joint
powers agency comes with a request that each member-city consider providing startup
funding. CVAG indicates that interest at a "favorable" rate will be paid to any city making
an investment of startup funds. To date, the Council has expressed no interest in
providing start-up funding.
The most common approach to administration of a CCA is an inter-agency "joint powers
agency," sometimes referenced as a "joint powers authority' (JPA) formed pursuant to
the Joint Exercise of Powers Act codified at California Government Code Section 6500
et seq. In this instance, the JPA serves as a public, non-profit agency on behalf of the
municipalities that choose to participate in the CCA program. A second option is for a
single city or county to form and structure a CCA through an enterprise fund, and
manage the CCA "in-house." A third option involves commercial, third party firm. This
model is new in California so its risks and benefits are unknown at this time. Regardless
of a CCA's administrative structure, the program's assets and liabilities remain separate
from those of the County or City general funds. Financial liability is mitigated by specific
JPA organization or action, and vendor contract language that protects municipal
assets. In the JPA model, surplus funds generated by the CCA may be reinvested back
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City Council Staff Report
July 5, 2017 -- Page 3
Community Choice Aggregation for Electricity, Joint Powers Agreement
into the community in the form of new energy projects and programs that serve the
entire service area. In the enterprise fund and privately managed models, a portion of
revenues may be allocated to the general fund consistent with sound fiscal
management practices and laws governing use of ratepayer funds.
The City Attorney has reviewed the draft joint powers agreement that will affect the
formation of the joint powers agency, offered comments to the ad hoc sustainability
subcommittee, and shared those attorney-client privileged comments with the entire
Council. Staff notes is that:
• The executive officer of the JPA can approve agreements up to one hundred
thousand dollars ($100,000.00) in value without the approval of the Board of
Directors of the JPA;
• The joint powers agreement provides for weighted voting that can be triggered by
a request of two (2) of six (6) member cities, with Palm Springs having a
considerably greater weighted vote than other member cities based upon the
City's energy usage as compared and contrasted to that of other member cities;'
• Member cities can withdraw from the JPA prior to December 31, 2017 for any
reason;
• Withdrawal from the JPA is upon no less than six (6) months' notice, but
withdrawing members cannot walk away from financial commitments already
made on their behalf (if a member city withdraws after an aggregated purchase
of energy has been made for the partial benefit of that member city, the
withdrawing city will be liable to pay the JPA for electricity that would have served
the member city's "load" absent the withdrawal);Z and
• The indemnification provision whereby the JPA indemnifies each member city is
not limited or qualified to the extent that a member city may engage in negligent
or other actions or omissions that give rise to liability.
CVAG staff has explained that the cap of one hundred thousand dollars ($100,000.00)
reflects advice and experience of other CCAs and advisors to CVAG that have assisted
in developing the concept of the CCA to this point. Apparently, none of the prospective
member cities has expressed a strong concern about the draft agreement's weighted
voting provisions. CVAG contemplates the provisions regarding withdrawal as
consistent with equity. The origin of the indemnification provision in the draft is another
JPA formed by and through CVAG. CVAG staff had no policy perspective on the matter,
but appreciated the City Attorney's observation about the policy choice inherent to the
provision. For purposes of the proposed Ordinance, revisions to the draft JPA as to any
of the points referenced above would be deemed either non-substantive or minor.
Generally, there is no legal reason that the City should not consider joining the joint
powers agency.
' See Section 3.17 and the exhibits to the JPA for further explanation.
'The JPA will give a withdrawing member a"waiting period"that will allow a withdrawing member willing to
delay withdrawal the opportunity to avoid payment of any obligation incurred on its behalf.
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City Council Staff Report
July 5, 2017 -- Page 4
Community Choice Aggregation for Electricity, Joint Powers Agreement
The staff report provided the CVAG Executive Committee is attached to this staff report
as Attachment A. The report includes but is not limited to a copy of the draft joint powers
agreement, current as of the preparation of this staff report, proposed for the joint
powers agency by CVAG's staff. Cathedral City has suggested that CVAG modify
some agreement provisions in a fashion that CVAG's attorney regarded as non-
substantive. Cathedral City's changes are not yet reflected in the draft included
herewith. The draft does incorporate Palm Desert's suggested changes. CVAG staff did
not deem Palm Desert's changes to be substantive either.
ALTERNATIVES:
Reject the formation of the joint powers agency and the execution of the joint powers
agreement proposed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:
This Ordinance is not a "project" for purposes of the California Environmental Quality
Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.
This Ordinance is organizational or administrative activity by the City of Palm Springs in
furtherance of its police power, and will not result in a direct or indirect physical change
in the environment, per section 15378(b)(5) of the Guidelines.
FISCAL IMPACT:
The JPA will be contracting with a third party consulting firm to acquire the electric
contracts, and to establish and operate the program. CVAG staff will perform day to
day administrative functions benefitting the JPA's members, and be compensated by
the JPA for their work. Each JPA member agency will have an opportunity to participate
in funding the program's upfront formation costs (e.g., administrative, power purchase,
etc.) with a JPA commitment to reimbursement and interest. However, staff is not
recommending any upfront outlay of costs at this time.
As we understand the JPA documents, all program costs will be paid by the ratepayers,
as approved by the JPA members during the program's implementation. Residents
may see a reduction in their electricity bills. Per conversations with a CVAG consultant
last week and a CVAG staff member this week, savings might be as high as three
percent (3%), but there might be no savings at all. It seems certain that the economics
of the program, both for the JPA and for consumers, will vary from year to year,
depending upon a variety of factors including the market. Moreover, individual
ratepayers may choose to purchase "green alternative" energy sources that carry a
higher cost, but the impact of that choice would not be shared with other ratepayers.
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City Council Staff Report
July 5, 2017 -- Page 5
Community Choice Aggregation for Electricity, Joint Powers Agreement
Finally, each resident or business ratepayer will be automatically enrolled in to receive
electricity through the new program, and will have the opportunity, at the program's
inception, to formally "opt out." An opportunity to exit the program will occur on an
annualized basis at a particular time of year, but "opting out" will be a ratepayer choice
and responsibility. An additional staff liaison position may be required to monitor the
program's administration by the JPA, and ensure adequate communication with City
residents and businesses about energy issues and choices.
Edward Z. Kotkin, City Attorney Marcus L. Fuller, Assistant City Manager
David H. Ready, Esq., i y Manager
Attachments:
A. CVAG Executive Committee Staff Report, includes draft Joint Powers Agreement
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AUTHORIZING IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM,
AND APPROVING THE "DESERT CITIES ENERGY CHOICE"
JOINT POWERS AGREEMENT
City Attorney Summary
This Ordinance approves authorizes the execution
of a joint powers agreement, and approves the
City's joinder in a joint powers agency with other
CVAG cities, to implement and administer a
community-wide electricity aggregation program
known as Community Choice Aggregation
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Palm Springs, California has been actively investigating
options to provide electric services to constituents within its jurisdiction with the intent of
achieving greater local involvement over the provision of electric services and promoting
competitive and renewable energy.
SECTION 2. On September 24, 2002. the Governor signed into law Assembly Bill 117
(Stat. 2002, ch. 838; see California Public Utilities Code section 366.2; hereinafter referred to as
the "Act"), which authorizes any California city or county, whose governing body so elects, to
combine the electricity load of its residents and businesses in a community-wide electricity
aggregation program known as Community Choice Aggregation ("CCA").
SECTION 3. The Act expressly authorizes participation in a CCA program through a
joint powers agency, and to this end the City has been participating since 2016 in the evaluation
of a proposal for the formation of a joint powers agency to implement and administer a CCA
program for the Coachella Valley region.
SECTION 4. As described in the Joint Powers Agreement attached to and incorporated
in this Ordinance as Exhibit A, a CCA program implemented and administered by and through
joint powers agency "Desert Cities Energy Choice," whether by that name or an alternative
name that emerges for the joint powers agency that will administer and implement the CCA
program for the Coachella Valley (in any case referenced as DCEC herein), provides an
opportunity to accomplish the following:
a) Reduce greenhouse gas emissions related to the use of power throughout the
jurisdictions of the participating cities and neighboring regions;
b) Provide electric power and other farms of energy to customers at a competitive cost;
c) Carry out programs to reduce energy consumption;
d) Stimulate and sustain the local economy by developing local jobs in renewable and
conventional energy;
e) Promote long-term electric rate stability, energy security and reliability for residents
through local control of electric generation resources.
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SECTION 5. Through Docket No. R.03-10-003, the California Public Utilities
Commission has issued various decisions and rulings addressing the implementation of
Community Choice Aggregation programs, including the recent issuance of a procedure by
which the California Public Utilities Commission will review "Implementation Plans," which are
required for submittal under the Act as the means of describing the Community Choice
Aggregation program and assuring compliance with various elements contained in the Act.
SECTION 6. A final Implementation Plan for the CCA program will be submitted to the
California Public Utilities Commission by DCEC as soon after the formation of the joint powers
agency as reasonably practicable, confirming that DCEC's CCA program is in compliance with
all requirements of the Act.
SECTION 7. The Act requires each jurisdiction participating in the CCA program to
individually adopt an ordinance ("CCA ordinance") electing to implement a Community Choice
Aggregation program within its jurisdiction by and through its participation in Desert Cities
Energy Choice.
SECTION 8. Based upon all of the above, the City Council approves the Joint Powers
Agreement attached hereto as Exhibit A and elects to implement a Community Choice
Aggregation program within the City's jurisdiction by and through the City's participation in
Desert Cities Energy Choice, subject to the City's right to forego the actual implementation of a
Community Choice Aggregation program pursuant to specified withdrawal rights described in
the Joint Powers Agreement. The Mayor is hereby authorized to execute the Joint Powers
Agreement in a form substantially similar to Exhibit A, subject to non-substantive and/or minor
revisions approved or recommended by staff employed by the Coachella Valley Association of
Governments during the process of the consideration of the Joint Powers Agreement by
prospective future members of DCEC, and any other related documents for program
implementation.
SECTION 9. If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares it would have passed and adopted this Ordinance and each and all provisions hereof
irrespective of the fact that any one or more of said provisions be declared invalid.
SECTION 10. The City Council finds and determines that this Ordinance is not subject to
the California Environmental Quality Act(Public Resources Code Section 21000 et seq.) pursuant
to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not
result in a direct or reasonably foreseeable indirect physical change in the environment, and is
not a "project," as that term is defined in Section 15378 of the State Guidelines.
SECTION 11. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be published
and posted pursuant to the provisions of law, and this Ordinance shall take effect thirty (30) days
after its adoption.
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SECTION 12. If any section, subsection, clause or phrase of this Ordinance is for any
reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council of the City of Palm Springs,
hereby declares that it would have passed this Ordinance and each section of subsection,
sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared
invalid.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS
DAY OF , 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
Interim City Clerk
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ITEM 711)
Coachella Valley Association of Governments
6 ..utive Committee `
June 26,2017
Staff Report
Subject: Community Choice Aggregation Update and Joint Powers Agreement
Contact: Katie Barrows, Director of Environmental Resources(_kbarrowsfracvaa.oral
Recommendation: Authorize the Executive Director to prepare for a Community Choice
Aggregation program for the Coachella Valley region and to work with participating cities
on finalization of a Joint Powers Agreement for formation of a Joint Powers Authority.
Enerav &Environmental Resources Committee: CONCURS (Meeting of June 81h)
Technical Advisory Committee: CONCURS (Meeting of June 121h)
Backaround: Community Choice Aggregation allows cities and counties to pool or aggregate
their buying power to secure electrical energy supply contracts on a region-wide basis, and to
offer competitive rates to their consumers with the option of purchasing power from greener
sources. The Community Choice Aggregation Ad Hoc Working Group continues to meet monthly
to review and discuss plans for implementation of a CCA. The Ad Hoc working group includes
elected representatives and staff from cities served by Southern California Edison that are
interested in participating in CVAG's CCA program. A summary of the activities is provided in the
following update.
The CCA Ad Hoc working group met on May 15, 2017 to discuss governance structure and the
establishment of a CCA Joint Powers Authority (JPA). Three options for governance structure
were reviewed including: 1) a new JPA/new agency; 2)working under CVAG's existing JPA; and
3) creating a new JPA,with CVAG providing staff during the start-up period. The Working Group
recommended the 'New JPA, CVAG provides staff" option. This option includes establishing a
separate JPA from CVAG,with an agreement for CVAG to provide administrative services to get
the CCA off the ground, for a period of up to five years. This arrangement is similar to the
management services and staffing CVAG provides for the Coachella Valley Conservation
Commission, a separate JPA.
A draft Joint Powers Agreement (JPA) was presented to the Ad Hoc Working Group for their
review at their May meeting. The JPA agreement follows a model for other existing CCAs in
California and includes standard JPA provisions; CVAG general counsel has reviewed the
agreement. The Ad Hoc Committee members discussed and provided direction on issues
including the CCA Board, voting options, and how to deal with withdrawal of jurisdictions, among
other topics. The JPA agreement was also presented to the Energy & Environment Committee
and Technical Advisory Committee at their June meetings; both committees concurred with the
staff recommendation. The JPA agreement is attached for your review(see Attachment 1),
The Ad Hoc Working Group had further discussion of the JPA at their June meeting, related to
the proposed schedule for consideration of the agreement by their respective city councils.
Section 6.1.3 of the JPA Identifies some limitations to the ability for a city to withdraw from the
CCA prior to launch. Given the timeline and efforts of participating cities to move this forward, a
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clause to allow CCA members to withdraw prior to December 31, 2017 for any reason was added
to Section 6.1.3. This recommended addition to Section 6.1.3 of the JPA is shown in italics in
Section 6.1.3 on page 15 of the agreement.As each participating jurisdiction will need to approve
the JPA and decide to join, the agreement Is being circulated among participating city staff,
elected officials, and legal counsel for review. Staff will be working with the Ad Hoc Working Group
and general counsel on the comments received from participating cities. The staff
recommendation includes authorization for the Executive Director to work with participating
jurisdictions on finalizing the JPA agreement; it also authorizes the Executive Director and
General Counsel to modify the JPA to address issues brought up by participating jurisdictions.
In the initial stages of CCA development, CVAG anticipates using consultants to assist with the
various tasks necessary for implementation and operation. A request for proposals (RFP) was
released by WRCOG and nine proposals were received;the RFP included a request for proposals
for a CVAG CCA. Interviews of six of the proposers who submitted for all aspects of CCA
implementation and operation were held in late May in collaboration with WRCOG. We were
fortunate to have a representative of Marin Clean Energy, the first CCA program in the state,
Public Financial Management (PFM), and City Manager Charles McClendon from Cathedral City
participate in the proposal review and interviews along with CVAG staff, SBCOG, WRCOG staff,
and consultant Don Dame. Staff reviewed the results of the first interview and a second interview
with selected consultants is scheduled this month. Selection of vendors to work with the CCA
program is anticipated by September 2017. CVAG staff is preparing a summary of start-up costs
for a Coachella Valley CCA.
The Ad Hoc working group also discussed potential financing options for start-up of a CCA.There
are no up-front costs for cities to participate. However, if they choose to do so, participating
agencies could provide funding to the CCA for start-up costs, at a favorable interest rate. Start-
up costs are estimated to range from $1 million to$2.5 million. Ad Hoc members were asked to
consuk with staff/finance directors about their city's interest in participating in start-up financing.
Staff is evaluating the potential for CVAG to provide start-up funding. Funds invested by
participating agencies would be paid back once CCA is operational and sufficient revenues are
generated.
CVAG staff has made study session presentations to the city councils interested in a regional
CCA during the months of May and June to familiarize them with how a CCA works and to address
any questions they have. A workshop for city managers and staff is scheduled for June 26. A
"Frequently Asked Questions" was prepared to answer common questions about CCAs (see
Attachment 2). Outreach to communities and stakeholders is also planned.
Benchmark Steps to CCA Formation. Based on the recommendations of existing CCAs and
others, May is the best time to launch a CCA for a variety of reasons. Power procured prior to
launch, in February/March, is generally available at lower prices. It is also better to launch before
electricity bills increase during the summer months. A draft schedule providing for launch of a
CCA in May 2018 was reviewed by the Ad Hoc working group.To meet this aggressive schedule,
the Ad Hoc members agreed to work with CVAG on scheduling outreach to participating
jurisdiction staff and consideration of the CCA by city councils during the summer recess to the
extent possible. This includes review of the JPA agreement. To establish the CCA, participating
jurisdictions will need to adopt an ordinance approving the joint powers agreement and
authorizing Implementation of a Community Choice Aggregation program for their city. CVAG staff
will prepare a sample staff report and ordinance for use by Ad Hoc member cities. Examples of
these documents are available from existing CCA programs and are being reviewed by CVAG
legal counsel. The schedule is estimated and may be adjusted.
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Other actions to be completed include establishing financing for start-up costs, data testing with
SCE, and selection of a vendor to provide power supply and data management services. The
filing of an Implementation Plan with the California Public Utilities Commission and a notice of
intent with Southern California Edison(SCE) are essential steps for the formation of a CCA. Prior
to and after launch of a CCA, all SCE customers will be sent a minimum of four opt-out notices
explain how a CCA works and their choices to join the CCA or stay with SCE.
Fiscal Analysis: CVAG is tracking all expenses related to formation of a CCA; if and when a
CCA is formed, these costs would be reimbursed.
Attachments:
1. Joint Powers Authority Agreement
2. Community Choice Energy: Frequently Asked Questions
Joint Powers Agreement Finalization: The Executive Director and/or legal counsel are
authorized to make changes or revisions to the JPA agreement as necessary to address issues
raised by participating jurisdictions.
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Coachella Valley Association of Governments
Community Choice Energy: Frequently Asked Questions
Q: What is Community Choice Aggregation?
A; Community Choice Aggregation (CCA)is a program that enables local governments to pool(or aggregate)the
electricity demand of their communities for the purpose of supplying electricity.often called Community Choice Energy,
a CCA buys and/or develops power resources on behalf of the electricity end users in its jurisdiction.Southern California
Edison would continue to provide all transmission and distribution of electricity,as well as system maintenance and
customer service.Areas served by an existing publicly owned utility,such as Imperial Irrigation District,are not eligible
for CCA programs.
Q; How is a CCA financed?
A: Once launched,a CCA is financed by the revenues received from customers based on electricity sales. A CCA is a self-
funded, not-for-profit public agency which ensures that any financial benefits directly serve the community.CCAs are
not subsidized by tax dollars. Start-up costs may be financed by member agencies,banks,or other lenders;these costs
are paid back once revenues from the sale of electricity accumulate.Surplus funds generated by the CCA may be
reinvested back into the community in the form of lower rates,or new energy projects and programs that serve the
entire customer base.
Q: Who governs and administers the CCA?
A: There are options for governance. CVAG's Ad Hoc CCA working group has recommended formation of a separate
joint powers authority(JPA)to be governed by a Board of Directors made up of elected representatives from each of the
participating jurisdictions. The Board will conduct its business in regular meetings that will be open to the public,
ensuring transparency and community involvement.
Q: Why ore so many local governments considering CCA?
A: CCAs give electricity consumers a power supply choice where none currently exists, providing communities with
local control over their energy supply.CCAs Introduce competition into the energy market,which helps drive costs
down,diversify power choices,and stimulate new investments In renewable energy. Consumers can increase the
amount of electricity from non-polluting renewable sources including wind,solar and geothermal energy. in the
Coachella Valley,a CCA offers a way to advance local renewable energy resources. Existing CCAs offer a"default' option
that is both cleaner and cheaper than the incumbent utility,as well as a voluntary, 100%renewable energy option
offered at a rate premium.Under a CCA,Coachella Valley ratepayers can determine how our electricity is generated—
from clean and renewable resources rather than more polluting and finite fossil fuels. And simultaneously achieve
modest savings over current SCE rates.
Q: How will the CCA set its rates?
A: The CCA Board of Directors will have the authority to set electric generation rates for our customers,after they are
carefully developed, discussed,evaluated,and approved at public meetings.To date,existing CCAs in California offer
competitive electricity rates,currently ranging from 3%-10%lower than investor-owned utility(IOU)rates,depending on
the customer class and particular CCA option each customer chooses.While utility rates change several times a year,
CCA rates generally adjust once per year,offering a greater measure of rate stability.While there is no guarantee that
CCA generation rates will always be lower than SCE rates,publicly managed CCAs do have the advantage of being non-
profit agencies that pay no shareholder dividends,investor returns,high corporate salaries,or income taxes like
commercial services or investor-owned utilities,which helps keep costs down.Initial studies estimate that a CCA
program could save ratepayers millions of dollars over the next twenty years.
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Q: What financial or other obligation does a city or county incur by establishing o CCA?
A: Formation of a CCA through a Joint Powers Authority would not require contributions from participating member
agencies. By establishing a CCA,the JPA,acting on behalf of its members,assumes various powers and responsibilities
such as assuming ratemaking authority for retail customers and the responsibility to procure power for customers in its
jurisdiction.The authority and responsibilities of the Joint Powers Authority(JPA)will be determined by the participating
cities.
Q: Will creating a CCA require setting up anew bureaucracy?Isn't the private sector better at managing the complexity
of toddy's electricity markets than the public sector?
A: Setting up a CCA program does not require hiring a large staff to manage the tasks of running the CCA. CCA tasks and
functions can be handled through contracts with existing private and public sector organizations with significant CCA
expertise and experience.The proposed CCA would be a public-private partnership that takes advantage of the
opportunities offered by both the private and public sectors.The private sector will be employed to carry out many of
the functions associated with a CCA program.A CCA is more a matter of public control over critical resources required to
sustain our communities and a way to take advantage of unique and cost-effective financial opportunities available only
to the public sector based on local input.In fact,public utilities have a long track record of providing power supply
services at less cost than their private-sector counterparts.
Q: Can cities and counties be legally shielded from the actions of the CCA?
A: Regardless of administrative structure,the assets and liabilities of the CCA program remain separate from those of
the participating agencies'general funds.Financial liability is mitigated by specific JPA ordinance and vendor contract
language that protects municipal assets.
Q: What are the options for customers to opt-out and, if they change their minds, opt-in to a CCA at a later date?
A: A new CCA is required to send a total of four notices to customers,two notices prior to commencement of CCA
service, and two notices during the 60-day period following commencement of CCA service.Customers who opt out
before or within the first 60 days of CCA service may return at any time.Customers who opt out after the first 60 days of
service with a CCA will be prohibited by Southern California Edison from returning for one year.
Q: Is the CCA subject to the same energy price fluctuations that undermined the IQU's financial stability in 1000?
A: Due to the restructuring law passed in 1996,the CPUC prevented utilities from entering into long-term purchase
contracts because it was assumed that market competition would lower prices.At the time of California's energy crises,
IOU's were caught in a unique situation of having to purchase power from the spot market as prices skyrocketed due to
market manipulation,escalating natural gas prices,and other factors. Since the energy crisis of 2000.2001,the CPUC
has changed power purchase rules that reduce many of the risks exposed by California's experimentation with market
restructuring. One way an incipient CCA can reduce such risk is by"forward procurement,"thereby reducing Its reliance
on more volatile spat market purchases,which is an accepted industry practice for meeting variable peak demands and
simultaneously limiting exposure to the volatility of day-to-day price swings.
Q: Why is CVAG moving so quickly to farm a CCA?
A: Timing is crucial in starting up a CCA. Currently, power and renewable resource rates are at historic lows.With so
many CCA's on the verge of formation,each one will be aggressively pursuing procurement contracts for their own
customers.If we wait too long to form a CCA,it may be more difficult to secure energy contracts for the CCA and/or
market prices may shift. Also SCE is in the process of proposing changes to the current calculation of the'exit fee'
charged to customers when they shift to a CCA. If their proposed changes are approved by the California Public Utilities
Commission (CPUC),it could significantly affect the rates of the CCA,possibly making it much less viable to operate.
For additional questions,please contact Katie Barrows(kbarrows@cvag.org or Benjamin Druyon(bdruvon@cva¢.or¢J at
CVAG(760)346-112Z
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ATTACHMENT I:
COACHELLA VALLEY COMMUNITY ENERGY AUTHORITY
(placeholder,JPA name to be determined)
JOINT POWERS AGREEMENT
This Joint Powers Agreement ("Agreement"), effective as of , 2017 is made and
entered into pursuant to the provisions of Title 1, Division 7, Chapter 5,Article 1 (Section 6500
et seq.) of the California Government Code relating to the joint exercise of powers among the
parties set forth in Exhibit B (individually"Party"or"Member", collectively"Parties"or
"Members").The term"Parties" or'Members" shall also include an incorporated municipality or
county added to this Agreement in accordance with Section 2.4.
RECITALS
A. The Parties share various powers under California law, including but not limited to
the power to purchase, supply, and aggregate electricity for themselves and
customers within their jurisdictions.
B. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act,
which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels.
The California Air Resources Board is promulgating regulations to implement
AB 32 which will require local governments to develop programs to reduce
greenhouse gas emissions.
C. The purposes for entering into this Agreement include:
a. Reducing greenhouse gas emissions related to the use of power
throughout the jurisdictions of the Parties and neighboring regions;
b. Providing electric power and other forms of energy to customers at a
competitive cost;
c. Carrying out programs to reduce energy consumption;
d. Stimulating and sustaining the local economy by developing local jobs in
renewable and conventional energy; and
e. Promoting long-term electric rate stability,energy security and reliability for
residents through local control of electric generation resources.
D. It is the mission and purpose of this Agreement to build a Community Choice
Aggregation program that is locally controlled and delivers cost-competitive clean
electricity, product choice, price stability, energy efficiency and greenhouse gas
emission reductions.
E. It is the intent of this Agreement to promote the development and use of a wide
range of renewable and efficient energy sources and energy efficiency programs,
including but not limited to solar, wind, and biomass energy production. The
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purchase of renewable power and greenhouse gas-free energy sources will be the
desired approach to decrease regional greenhouse gas emissions and accelerate
the State's transition to clean power resources to the extent feasible. The CVCEA
will also add increasing levels of locally generated renewable resources as these
projects are developed and customer energy needs expand.
F. The Parties desire to establish a separate public agency, known as the Coachella
Valley Community Energy Authority or CVCEA, under the provisions of the Joint
Exercise of Powers Act of the State of California (Government Code Section 6500
et seq.) ("Act") in order to collectively study, promote, develop, conduct, operate,
and manage energy programs.
G. The Parties anticipate adopting an ordinance electing to implement through the
CVCEA a common Community Choice Aggregation (CCA) program, an electric
service enterprise available to cities and counties pursuant to California Public
Utilities Code Sections 331.1(b) and 366.2, The first priority of the CVCEA will be
the consideration of those actions necessary to implement the CCA Program.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
ARTICLE 1: DEFINITIONS AND EXHIBITS
1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings
specked in Exhibit A, unless the context requires otherwise.
1.2 Documents Included. This Agreement consists of this document and the following
exhibits, all of which are hereby incorporated into this Agreement.
Exhibit A: Definitions
Exhibit B: List of the Parties
Exhibit C: Annual Energy Use
Exhibit D: Voting Shares
Exhibit E: Signatures
ARTICLE 2: FORMATION OF COACHELLA VALLEY COMMUNITY ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective and CVCEA
shall exist as a separate public agency on 2017 or when the
Parties execute this Agreement, whichever occurs later. The CVCEA shall
provide notice to the Parties of the Effective Date. CVCEA shall continue to
exist, and this Agreement shall be effective, until this Agreement is terminated in
accordance with Section 6.4, subject to the rights of the Parties to withdraw from
CVCEA.
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2.2 Formation. There is formed as of the Effective Date a public agency named the
Coachella Valley Community Energy Authority. Pursuant to Sections 6506 and
6507 of the Act, CVCEA is a public agency separate from the Parties. Pursuant
to Sections 6508.1 of the Act, the debts, liabilities or obligations of CVCEA shall
not be debts, liabilities or obligations of the individual Parties unless the
governing board of a Party agrees in writing to assume any of the debts, liabilities
or obligations of CVCEA. A Party who has not agreed to assume an Authority
debt, liability or obligation shall not be responsible in any way for such debt,
liability or obligation even if a majority of the Parties agree to assume the debt,
liability or obligation of CVCEA. Notwithstanding Section 7.4 of this Agreement,
this Section 2.2 may not be amended unless such amendment is approved by
the governing board of each Party.
2.2.1 Name. CVCEA may change its name at any time through adoption of a
resolution of the Board of Directors,
2.3 Purpose. The purpose of this Agreement is to establish an independent public
agency in order to exercise powers common to each Party to build a Community
Choice Aggregation program that achieves significant, long-term GHG emission
reductions by offering clean, cost effective and price stable electricity to
residents, businesses, and agricultural producers while carrying out innovative
programs to reduce customer energy use, and to promote local renewable and
efficient energy production technologies. To that end, CVCEA will study,
promote, develop, conduct, operate, and manage energy, energy efficiency and
conservation, and other energy-related programs, and to exercise all other
powers necessary and incidental to accomplishing this purpose. Without limiting
the generality of the foregoing, the Parties intend for this Agreement to be used
as a contractual mechanism by which the Parties are authorized to participate in
the CCA Program, as further described in Section 4.1. The Parties intend that
other agreements shall define the terms and conditions associated with the
implementation of the CCA Program and any other energy programs approved
by CVCEA.
2.4 Membership in CVCEA.
2.4.1 The initial Members of CVCEA are the Cities of Blythe, Cathedral City,
Desert Hot Springs, Indian Wells, Palm Desert, and Palm Springs.
2.4.2 Any city or county may request to become a member of CVCEA by
submitting a resolution adopted by its City Council or Board of
Supervisors to the Board of CVCEA. The Board shall review the request
and shall vote to approve or disapprove the request. The Board may
establish conditions, including but not limited to financial conditions,
under which the city or county may become a member of CVCEA. The
Board shall notify the then members of CVCEA of this request and the
date that the request will be on the Board's meeting agenda for action.
The date set for Board action shall be at least forty-five (45)days from the
date the notice is mailed to the members. If the request is approved by
the Board, the city or county shall become a member of CVCEA under
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the terms and conditions set forth by the Board and upon approval and
execution of this Agreement by the requesting city or county.
2.5 Powers. CVCEA shall have all powers common to the Parties and such
additional powers accorded to it by law. CVCEA is authorized, in its own name,
to exercise all powers and do all acts necessary and proper to carry out the
provisions of this Agreement and fulfill its purposes, including, but not limited to,
each of the following powers, subject to the voting requirements set forth in
Section 3.17:
2.5.1 to make and enter into contracts;
2.5.2 to employ agents and employees, including but not limited to an
Executive Officer,
2.5.3 to acquire, contract, manage, maintain, and operate any buildings,
infrastructure,works, or improvements;
2.5.4 to acquire property by eminent domain, or otherwise, except as limited
under Section 6508 of the Act, and to hold or dispose of any property;
however, CVCEA shall not exercise the power of eminent domain within
the jurisdiction of a Party over its objection without first meeting and
conferring in good faith;
2.5.5 to lease any property;
2.5.6 to sue and be sued in its own name;
2.5.7 to incur debts, liabilities, and obligations, including but not limited to loans
from private lending sources pursuant to its temporary borrowing powers
such as Government Code Sections 53850 at seq. and authority under
the Act;
2.5.8 to form subsidiary or independent corporations or entities if necessary,to
carry out energy supply and energy conservation programs at the lowest
possible cost or to take advantage of legislative or regulatory changes;
2.5.9 to issue revenue bonds and other fors of indebtedness;
2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or
other aids from any federal, state, or local public agency;
2.5.11 to submit documentation and notices, register, and comply with orders,
tariffs and agreements for the establishment and implementation of the
CCA Program and other energy programs;
2.5.12 to adopt Operating Rules and Regulations;
2.5.13 to make and enter into service agreements relating to the provision of
services necessary to plan, implement, operate and administer the CCA
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Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
and
2.5.14 to permit additional Parties to enter into this Agreement after the Effective
Date and to permit another entity authorized to be a community choice
aggregator to designate CVCEA to act as the community choice energy
aggregator on its behalf.
2.6 Limitation on Powers. As required by Government Code Section 6509, the
power of CVCEA is subject to the restrictions upon the manner of exercising
power possessed by the City of(insert name of one Participating citvl.
ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION
3.1 Governing Body. CVCEA shall be governed by a legislative body known as the
Board of Directors ("Board"), The initial Board shall consist of one(1) director
appointed by each of the initial members. Each Director shall serve at the
pleasure of the governing board of the Party appointing such Director, and may
be removed as Director by such governing board at any time. If at any time a
vacancy occurs on the Board, a replacement shall be appointed to fill the position
of the previous Director within 60 days of the date that such position becomes
vacant. Directors shall be elected officials or senior staff of the appointing Party
that is the signatory to this Agreement. Each Party may appoint an alternate to
serve in the absence of its Director. Alternates may be either elected officials or
senior staff of the appointing Party that is the signatory to this Agreement.The
Board shall exercise all powers and conduct all business of CVCEA, either
directly or by delegation to other bodies or persons pursuant to this Agreement.
If additional cities or counties join CVCEA, as set forth in section 2.4, each city or
county that becomes a member of CVCEA shall be entitled to one (1)director
and one(1) alternate appointed as set forth above.
Ex Officio Directors. The Board may appoint ex officio members of the Board.
Ex officio directors shall receive all meeting notices, shall have the right to
participate in Board discussions and the right to place items on the agenda but
shall not be counted towards a quorum and shall have no vote.
3.2 Regular Board Meetings. The Board shall hold at least one regular annual
meeting and shall provide for such other regular meetings as it deems
necessary. Meetings of the Board shall be held at such locations within one of
the memberjurisdictions iR the GeaGhalla Valley 9F Paig Vepde Valiey, and at
such times as may be designated from time to time by the Board.
3.3 Special Meetings of the Board. Subject to all noticing requirements of The Brown
Act, special meetings of the Board may be called by the Chair,to be held at such
times and places within one of the member jurisdiction
as may be ordered by the Chair. A majority of the Board may
also call a special meeting for any purpose.
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3.4 Chair and Vice-Chair. The Board shall annually elect from its membership a
Chair and Vice-Chair to serve for a one-year term.
3.5 Conduct of Meetinas. The Chair or, in the absence of the Chair,the Vice-Chair,
shall preside at all meetings of the Board.
3.6 Resignation of a Director. Any Director may resign effective on giving written
notice to the Board and the other Members, unless the notice specifies a later
time for the effectiveness of such resignation. A successor shall be appointed by
the affected Member as provided for in this Agreement.
3.7 Quorum. Except as otherwise provided in this Agreement, CVCEA shall act only
upon a majority of a quorum of the Board. A quorum of any meeting of Directors
shall consist of a majority of the Directors then designated by and serving on
behalf of the Members. Ex officio, non-voting Participants shall not be included
when calculating the number of Directors necessary to constitute a quorum or the
number of votes necessary to approve an action. In the event that a Member
has failed to designate a Director, or a Member's designated Director has died,
resigned, left office, been terminated or is otherwise unwilling or unable to act as
the designating Member's representative, and a replacement Director has not yet
been designated, and there is no designated alternate, such that a Member has
no duly acting representative on the Board,then that Member's vacant Board
position shall not be included when calculating the number of Directors
necessary to constitute a quorum or the number of votes necessary to approve
an action. Except as otherwise provided in this Agreement, every act or decision
made by a majority of the Directors present at a meeting duly held at which a
quorum is present is the act of the Board. In the absence of a quorum, any
meeting of the Board may be adjourned from time to time by a vote of the
majority present, but no other business may be transacted except as provided for
in this Section.
3.8 Other Officers. The Executive Officer of CVCEA shall be the secretary of
CVCEA, or as otherwise determined by the Board. Any officer, employee or
agent of any Member of CVCEA may also be an officer, employee, or agent of
any of the Members. CVCEA shall have the power to appoint such additional
officers and to employ such employees and assistants as may be appropriate.
Each and all of said officers, employees and assistants shall serve at the
pleasure of CVCEA and shall perform such duties and shall have such powers as
CVCEA may, from time to time, determine. Any officer may resign at any time by
giving written notice to the secretary. Any such resignation shall be effective
upon receipt of such notice or at any later time specified in the notice. Officers
shall assume the duties of their offices immediately after their appointment and
shall hold office until their successors are appointed, except in the case of their
removal or resignation. Vacancies of officers shall be filled by appointment of the
Board and such appointee shall hold office until the appointment of his or her
successor.
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3.9 Minutes. The secretary of CVCEA shall cause to be kept minutes of regular,
adjourned regular and special meetings of the Board. The secretary shall cause
a copy of all minutes, along with copies of all ordinances and resolutions,to be
forwarded to each of the Parties hereto.
3.10 Rules. A majority of Directors may adopt rules governing meetings if not
inconsistent or in conflict with this Agreement. In the absence of rules adopted
by the Directors, Roberts' Rules of Order, as they may be amended from time to
time, shall govern the meetings of the Board in so far as they are not inconsistent
or in conflict with this Agreement or any CVCEA bylaws.
3.11 Powers and Functions of the Board. The Board shall exercise general
governance and oversight over the business and activities of CVCEA, consistent
with this Agreement and applicable law. The Board shall provide general policy
guidance to the CCA Program. Board approval shall be required for any of the
following actions;
3.11.1 The issuance of bonds or any other financing even if program
revenues are expected to pay for such financing.
3.11.2 The appointment or termination of the Executive Officer and General
Counsel,
3.11.3 The appointment or removal of officers described in Section 3.17,
subject to Section 3.17.1.
3.11.4 Any decision to provide retirement or post-retirement benefits that
are defined benefit programs, subject to the requirements of section
5.3.4, below.
3.11.5 The adoption of the Annual Budget.
3.11.6 The adoption of an ordinance.
3.11.7 The approval of agreements, except as provided by Section 3.12.
3.11.8 The initiation or resolution of claims and litigation where CVCEA will
be the defendant, plaintiff, petitioner, respondent, cross complainant
or cross petitioner, or intervenor; provided, however,that the
Executive Officer or General Counsel, on behalf of CVCEA, may
intervene in, become a party to, or file comments with respect to any
proceeding pending at the California Public Utilities Commission, the
Federal Energy Regulatory Commission, or any other administrative
agency, without approval of the Board as long as such action is
consistent with any adopted Board policies.
3.11.9 The setting of rates for power sold by CVCEA and the setting of
charges for any other category of service provided by CVCEA.
3.11.10 Termination of the CCA Program.
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3.12 CVAG's Participation, CVAG shall provide, under contract with CVCEA,
administrative services required by CVCEA during the first five (5)years of the
implementation of the CVCEA; and thereafter as the administrative services
contract may be renewed from time to time by CVCEA, and shall exercise such
other powers and duties as the Board deems necessary to achieve the purpose
of this Agreement. During any such term, CVAG's Executive Director may serve
as the Secretary of CVCEA.
3.13 Executive Officer. Except as may be provided pursuant to any administrative
services agreement referenced in Section 3.12,the Board of Directors shall have
the authority to appoint an Executive Officer for CVCEA, who shall be
responsible for the day-today operation and management of CVCEA and the
CCA Program. The Executive Officer may be retained under contract with
CVCEA, be an employee of CVCEA, be an employee of CVAG, or be an
employee of one of the Parties. The Executive Officer shall report directly to the
Board and serve as staff to CVCEA. Except as otherwise set forth in this
Agreement,the Executive Officer may exercise all powers of CVCEA, including
the power to hire, discipline and terminate employees as well as the power to
approve any agreement if the total amount payable under the agreement is less
than $100,000 in any fiscal year, or such higher amount as may be established
by the Board from time to time, by resolution of the Board, except the powers
specifically set forth in Section 3.11 or those powers which by law must be
exercised by the Board of Directors. The Executive Officer shall serve at the
pleasure of the Board.
3.14 CVCEA Staff. Except as may be provided pursuant to any administrative services
agreement referenced in Section 3.12, CVCEA may contract with CVAG for staff
services, retain its own staff, or contract with another entity for services. Unless
other employment is approved by the Commission, the CVCEA Executive Officer
may utilize CVAG staff as may be necessary to accomplish the purposes of
CVCEA. CVAG staff time, as well as office expenses, direct and indirect
overhead, shall be charged to CVCEA utilizing direct billing and other accounting
practices that provide for a clear separation of funds.
3.15 Commissions. Boards, and Committees
3.15.1 The Board may establish commissions, boards or committees, including
but not limited to a standing executive committee of the Board, as the
Board deems appropriate, to assist the Board in carrying out its authority
and functions under this Agreement and may delegate authority to such
commission, board or commission as set forth in a Board resolution.
Such delegation may be modified, amended or revoked at any time the
Board may deem appropriate. Any decision delegated pursuant to this
subsection may be appealed to the Board, as the Board so determines.
3.15.2 The Board may also establish any advisory commissions, boards, and
committees as the Board deems appropriate to assist the Board in
carrying out its functions and implementing the CCA Program, other
energy programs and the provisions of this Agreement.
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3.15.3 Any board, commission or committee formed under this section shall
comply with the requirements of the Ralph M. Brown Act. The Board
may establish rules, regulations, policies, bylaws or procedures to govern
any such commissions, boards, or committees, and shall determine
whether members shall be compensated or entitled to reimbursement for
expenses.
3.16 Director Compensation. Directors shall serve without compensation from
CVCEA. However, Directors may be compensated by their respective appointing
authorities. The Board, however, may adopt by resolution a policy relating to the
reimbursement by CVCEA of expenses or other costs incurred by Directors.
3.17 Voting. In general, as described in Section 3.17.3, action by CVCEA Board will
be taken solely by a majority vote of the total number of Directors present. In
addition, as described in Section 3.17.4, upon request of two (2) Directors, a
weighted vote by shares will also be conducted. When such a request is made,
an action must be approved by both a majority vote of Directors present and a
majority of the Weighted Voting Shares present. No action may be approved
solely by a majority vote by shares. The voting shares of Directors and approval
requirements for actions of the Board shall be as follows:
3.17.1 Weighted Voting Shares
Each member agency shall have a Voting Share as determined by the
following formulas:
(a) Pro Rata Voting Share. Each Member shall have an equal voting
share determined by the following formula: ([i J total number of
Members] multiplied by %:), expressed as a percentage to two
decimal places; and
(b) Annual Energy Voting Share. Each Member shall have an
additional voting share determined by the following formula:
([Total Annual Energy Use(expressed in MWh) in the Member's
jurisdiction!combined Total Annual Energy Use in all Members'
jurisdictions] multiplied by %), expressed as a percentage to two
decimal places. Annual Energy Use values are to be based on
total CCA-related retail energy sales of all electric customer
accounts as of Dedember 31 of the most recent year for which
such data is available. In the absence of actual data, the Board
may approve the use of reasonably estimated Annual Energy Use
values.
(c) Weighted Voting Share. Each Member's Weighted Voting Share
shall be the respective sum of the values computed In (a) and (b)
above, expressed as a percentage to two decimal places. The
combined total Weighted Voting Shares of all Members is 100.00
percent.
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3.17.2 Exhibit Showing Weighted Voting Shares. The initial Weighted Voting
Shares are set forth in Exhibit D based on data available as of the
Effective Date of this Agreement. Exhibit D shall be revised no less than
annually as necessary to account for changes in the number of Members
and or changes in the Members' annual MWh retail energy usage.
Adjustments to Exhibit D shall be approved by the Board.
3.17.3 Action Approval Requirements. Except as provided in Sections 3.17 and
3.17.4 and 3.17.5, actions of the Board shall require the affirmative vote
of a majority of Directors present at the meeting.
3.17.4 Option for Approval by Voting Shares. Notwithstanding Section 3.17.3,
any two(2) Directors present at a meeting may demand that approval of
any matter related to the CCA Program be determined on the basis of
both Weighted Voting Shares and by the affirmative vote of a majority of
Directors present at the meeting. If two Directors make such a demand
with respect to approval of any such matter, then approval of such matter
shall require the affirmative vote of a majority of Directors present at the
meeting and the affirmative vote of Directors having a majority of
Weighted Voting Shares present, as determined by Section 3.17.1 except
as provided in Section 3.17.5.
3.17.5 Special Voting Requirements for Certain Matters.
(a) Two-Thlyds and Weighted Voting Approval Requirements Relating
to Sections 6.2 and 7.4. Action of the Board on the matters set
forth in Section 6,2 (involuntary termination of a Member), or
Section 7.4(amendment of this Agreement) shall require the
affirmative vote of at least two-thirds of Directors present;
provided, however, that: () notwithstanding the foregoing, any
two(2) Directors present at a meeting may demand that the vote
be determined on the basis of both Weighted Voting Shares and
by the affirmative vote of Directors present, and if any two(2)
Directors make such a demand, then approval shall require the
affirmative vote of both at least two-thirds of Directors present and
the affirmative vote of Directors having at least two-thirds of the
Weighted Voting Shares present, as determined by Section
3.17.1; and (ii)for votes to involuntarily terminate a Member under
Section 6.2,the Director for the Member subject to involuntary
termination may not vote, and the number of Directors constituting
two-thirds of all Directors, and the Weighted Voting Share of each
Member shall be recalculated as If the Member subject to possible
termination were not a Member.
(b) Seventy-Five Percent Special Voting Requirements for Eminent
Domain and Contributions or Pledge of Assets.
(I) A decision to exercise the power of eminent domain on
behalf of CVCEA to acquire any property interest other
than an easement, right-of-way, or temporary construction
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easement shall require a vote of at least 75% of all
Directors.
(ii) The imposition on any Member of any obligation to make
contributions or pledge assets as a condition of continued
participation in the CCA Program shall require a vote of at
least 75%of all Directors and the approval of the
governing boards of the Members which are being asked
to make such contribution or pledge.
(iii) Notwithstanding the foregoing, any two (2) Directors
present at the meeting may demand that a vote under
subsections(1)or(ii) be determined on the basis of
Weighted Voting Shares and by the affirmative vote of
Directors, and if any two (2) Directors make such a
demand, then approval shall require both the affirmative
vote of at least 75% of Directors present and the
affirmative vote of Directors having at least 75%of the
Weighted Voting Shares present, as determined by
Section 3.17.1. For purposes of this section, "imposition
on any Member of any obligation to make contributions or
pledge assets as a condition of continued participation in
the CCA Program"does not include any obligations of
a withdrawing or terminated Member imposed under
Section 6.3.
3.18 Meetings and Special Meetings of the Board. The Board shall hold at least
four(4) regular meetings per year, but the Board may provide for the holding of
regular meetings at more frequent Intervals. The date, hour and place of each
regular meeting shall be fixed by resolution or ordinance of the Board. Regular
meetings may be adjourned to another meeting time. Special and Emergency
Meetings of the Board may be called in accordance with the provisions of
California Government Code Sections 54956 and 54956.5. Directors may
participate in meetings telephonically,with full voting rights, only to the extent
permitted by law. All meetings shall be conducted in accordance with the
provisions of the Ralph M. Brown Act(California Government Code Sections
54950 et seq.).
3.19 Selection of Board Officers.
3.19.1 Chair and Vice Chair, The Directors shall select, from among
themselves, a Chair,who shall be the presiding officer of all Board
meetings, and a Vice Chair, who shall serve in the absence of the Chair.
The Chair and Vice Chair shall serve at the pleasure of the Board. There
shall be no limit on the number of terms held by either the Chair or Vice
Chair. The office of either the Chair or Vice Chair shall be declared
vacant and a new selection shall be made if.
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(a) the person serving dies, resigns, or the Member that the person
represents removes the person as its representative on the Board,
or
(b) the Member that he or she represents withdraws from CVCEA
pursuant to the provisions of this Agreement.
3.19.2 Secretary. The Secretary shall be responsible for keeping the minutes of
all meetings of the Board and all other official records of CVCEA.
3.19.3 Treasurer and Auditor. The Treasurer shall function as the combined
offices of Treasurer and Auditor pursuant to Government code section
6505.6 and shall strictly comply with the statutes related to the duties and
responsibilities specified in Section 65.5 of the Act. The Treasurer for
CVCEA shall be the depository and have custody of all money of CVCEA
from whatever source and shall draw all warrants and pay demands
against CVCEA as approved by the Board. The Treasurer shall cause an
independent audit(s)of the finances of CVCEA to be made by a certified
public accountant, or public accountant, in compliance with Section 6505
of the Act. The Treasurer shall report directly to the Board and shall
comply with the requirements of treasurers of incorporated municipalities.
The Board may transfer the responsibilities of Treasurer to any person or
entity as the law may provide at the time. The duties and obligations of
the Treasurer are further specified in Article 5. The Treasurer shall serve
at the pleasure of the Board.
3.20 Administrative Services Provider, The Board may appoint one or more
administrative services providers to serve as CVCEA's agent for planning,
implementing, operating and administering the CCA Program, and any other
program approved by the Board. The appointed administrative services provider
may be one of the Members. A separate services agreement shall set forth the
terms and conditions by which the appointed administrative services provider(s)
shall perform or cause to be performed tasks necessary for planning,
implementing, operating and administering the CCA Program and other approved
programs. Any such services agreement shall set forth the terms and the
circumstances under which the services agreement may be terminated by
CVCEA. This section shall not in any way be construed to limit the discretion of
CVCEA to hire its own employees to administer all or any portion of the CCA
Program or any other program.
ARTICLE 4: IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
4.1 Preliminary Implementation of the CCA Program.
4.1.1 Enabling Ordinance. To be eligible to participate in the CCA Program,
each Party must adopt an ordinance in accordance with Public Utilities
Code Section 366.2(c)(12)for the purpose of specifying that the Party
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Intends to implement a CCA Program by and through its participation in
CVCEA.
4.1.2 Implementation Plan. CVCEA shall cause to be prepared an
Implementation Plan meeting the requirements of Public Utilities Code
Section 366.2 and any applicable Public Utilities Commission regulations
as soon after the Effective Date as reasonably practicable. The
Implementation Plan shall not be filed with the Public Utilities Commission
until it is approved by the Board in the manner provided by Section 3.17.
4.1.3 Termination of CCA Program. Nothing contained in this Article or this
Agreement shall be construed to limit the discretion of CVCEA to
terminate the implementation or operation of the CCA Program at any
time in accordance with any applicable requirements of state law.
4.2 Authority Documents. The Parties acknowledge and agree that the affairs of
CVCEA will be implemented through various documents duly adopted by the
Board through Board resolution. The Parties agree to abide by and comply with
the terms and conditions of all such documents that may be adopted by the
Board, subject to the Parties' right to withdraw from CVCEA as described in
Article 6.
ARTICLE 5: FINANCIAL PROVISIONS
5.1 Fiscal Yea . CVCEA's fiscal year shall be 12 months commencing July 1 and
ending June 30. The fiscal year may be changed by Board resolution.
5.2 Depository.
5.2.1 All funds of CVCEA shall be held in separate accounts in the name of
CVCEA and not commingled with funds of any Party or any other person
or entity.
5.2.2 All funds of CVCEA shall be strictly and separately accounted for, and
regular reports shall be rendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books and records of CVCEA
shall be open to inspection by the Parties at all reasonable times. The
Board shall contract with a certified public accountant or public
accountant to make an annual audit of the accounts and records of
CVCEA, which shall be conducted in accordance with the requirements of
Section 6505 of the Act.
5.2.3 All expenditures shall be made in accordance with the approved budget
and upon the approval of any officer so authorized by the Board in
accordance with its Operating Rules and Regulations. The Treasurer
shall draw checks or warrants or make payments by other means for
claims or disbursements not within an applicable budget only upon the
prior approval of the Board.
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5.3 Budget and Recovery of Costs.
5.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time as may be reasonably necessary
to address contingencies and unexpected expenses. All subsequent
budgets of CVCEA shall be approved by the Board in accordance with
the Operating Rules and Regulations.
5.3.2 Funding of Initial Costs. The Parties acknowledge that implementing the
CCA Program will require some form of funding either provided by all or
some of the Parties or attained in some other manner. If the CCA
Program becomes operational, these Initial Costs paid by such Parties or
attained from other sources shall be Included in the customer charges for
electric services as provided by Section 5.3.3 to the extent permitted by
law, and respective Parties or other sources shall be reimbursed from the
payment of such charges by customers of CVCEA. CVAG shall also be
entitled to reimbursement for Initial Costs. CVCEA may establish a
reasonable time period over which such costs are recovered and repaid
to respective Parties or other sources. In the event that the CCA
Program does not become operational, respective Parties shall not be
entitled to any reimbursement of the funded Initial Costs from CVCEA or
any Party. if any of the initial member agencies or other sources assists
in funding initial costs, they shall also be entitled to reimbursement
pursuant to this section. The Board shall approve the manner of funding
and repayment of initial CCA program casts which may include
reasonable interest charges.
5.3.3 CCA Program Costs. The Parties desire that all costs incurred by
CVCEA that are directly or indirectly attributable to the provision of
electric, conservation, efficiency, incentives, financing, or other services
provided under the CCA Program, including but not limited to the
establishment and maintenance of various reserves and performance
funds and administrative, accounting, legal, consulting, and other similar
costs, shall be recovered through charges to CCA customers receiving
such electric services, or from revenues from grants or other third-party
sources.
5.3.4 Employee Retirement and Post-retirement Benefits. Should the Board
determine to provide a defined benefits retirement benefit to CVCEA
employees (such as PERS) or other post-retirements benefits that would
be within an Other Post-Retirement Benefits (OPEB) obligation to CVCEA
employees, prior to providing such benefit(s) to any employee, the Board
shall (1) obtain a third party independent actuarial report on the long term
costs of the benefit or benefits, (2) adopt a funding plan for the payment
of both current and long-term costs that provides for the payment of all
such costs on a current, pay-as-you-go, basis and eliminates any known
or reasonably anticipated unfunded liability associated with the benefit($)
and (3) notice all Member agencies of the pending consideration of the
benefit(s)together with the actuarial report and funding plan, for at least
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sixty (60) days and obtain the consent, by resolution of not less than 75
percent of the then current Member agency boards or councils.
ARTICLE 6: WITHDRAWAL AND TERMINATION
6.1 Withdrawal,
6.1.1 Right to Withdraw. A Party may withdraw its participation in the CCA
Program, effective as of the beginning of CVCEA's next fiscal year, by
giving no less than 6 months advance written notice of its election to do
so, which notice shall be given to CVCEA and each Party. Withdrawal of
a Party shall require an affirmative vote of the Party's governing board.
6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a
Party may withdraw its membership in CVCEA following an amendment
to this Agreement adopted by the Board which the Party's Director voted
against, provided such notice is given in writing within thirty (30)days
following the date of the vote. Withdrawal of a Party shall require an
affirmative vote of the Party's governing board and shall not be subject to
the six month advance notice provided in Section 6.1.1. In the event of
such withdrawal, the Party shall be subject to the provisions of Section
6.3.
6.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from
power suppliers, CVCEA shall provide to the Parties the report from the
electrical utility consultant(s) retained by CVCEA that compares the total
estimated electrical rates that CVCEA will be charging to customers as
well as the estimated greenhouse gas emissions rate and the amount of
estimated renewable energy used with that of the incumbent utility (SCE).
If the report provides that CVCEA Is unable to provide total electrical
rates, as part of its baseline offering, to customers that are equal to or
lower than the incumbent utility or to provide power in a manner that has
a lower greenhouse gas emissions rate or uses more renewable energy
than the incumbent utility, a Party may immediately withdraw its
membership in CVCEA without any further financial obligation, as long as
the Party provides written notice of its intent to withdraw to CVCEA Board
no more than fifteen(15)days after receiving the report.A Party may also
withdraw its membership in CVCEA prior to December 31, 2017 for any
reason. Any withdrawing Party shall not be entitled to any return of funds
it may have provided to CVCEA, provided, however, that if, after the
program is launched there are unobligated and unused funds, the
withdrawing member shall be refunded its pro rata share of the
unobligated and unused funds.
6.1.4 Continuing Financial Obligation: Further Assurances. Except as provided
by Section 6.1.3, a Party that withdraws its participation in the CCA
Program may be subject to certain continuing financial obligations, as
described in Section 6.3. Each withdrawing Party and CVCEA shall
execute and deliver all further instruments and documents, and take any
further action that may be reasonably necessary, as determined by the
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Board, to effectuate the orderly withdrawal of such Party from
participation in the CCA Program.
6.2 Involuntary Termination of a Party. Participation of a Party in the CCA program
may be terminated for material non-compliance with provisions of this Agreement
or any other agreement relating to the Party's participation in the CCA Program
upon a vote of Board members as provided in Section 3.17.5. Prior to any vote
to terminate participation with respect to a Party, written notice of the proposed
termination and the reason(s)for such termination shall be delivered to the Party
whose termination is proposed at least thirty(30)days prior to the regular Board
meeting at which such matter shall first be discussed as an agenda item. The
written notice of proposed termination shall specify the particular provisions of
this Agreement or other agreement that the Party has allegedly violated. The
Parry subject to possible termination shall have the opportunity at the next
regular Board meeting to respond to any reasons and allegations that may be
cited as a basis for termination prior to a vote regarding termination. A Party that
has had its participation in the CCA Program terminated may be subject to
certain continuing liabilities, as described in Section 6.3.
6.3 Continuing Financial Obligations: Refund. Except as provided by Section 6A.3,
upon a withdrawal or involuntary termination of a Party, the Party shall remain
responsible for any claims, demands, damages, or other financial obligations
arising from such Party's membership or participation in the CCA Program
through the effective date of its withdrawal or involuntary termination, it being
agreed that the Party shall not be responsible for any new financial obligations
arising after the date of the Party's withdrawal or involuntary termination. Claims,
demands, damages, or other financial obligations for which a withdrawing or
terminated Party may remain liable include, but are not limited to, losses from the
resale of power contracted for by CVCEA to serve the Party's load and any
unfunded liabilities such as unfunded retirement contributions or costs and any
unfunded post-retirement benefits. With respect to such financial obligations,
upon notice by a Party that it wishes to withdraw from the CCA Program, CVCEA
shall notify the Party of the minimum waiting period under which the Party would
have no costs for withdrawal if the Party agrees to stay in the CCA Program for
such period. The waiting period will be set to the minimum duration such that
there are no costs transferred to remaining ratepayers. If the Party elects to
withdraw before the end of the minimum waiting period, the charge for exiting
shalt be set at a dollar amount that would offset actual costs to the remaining
ratepayers, and may not include punitive charges that exceed actual costs. In
addition, such Party shall also be responsible for any costs or obligations
associated with the Party's participation in any program in accordance with the
provisions of any agreements relating to such program provided such costs or
obligations were incurred prior to the withdrawal of the Party. CVCEA may
withhold funds otherwise owing to the Party or may require the Party to deposit
sufficient funds with CVCEA, as reasonably determined by CVCEA and approved
by a vote of the Board, to cover the Party's financial obligations for the costs
described above. Any amount of the Party's funds held on deposit with CVCEA
above that which is required to pay any existing or ongoing financial obligations
shall be returned to the Party. If there is a disagreement related to the charge(s)
for exiting, the Parties shall attempt to settle the amount through mediation or
other dispute resolution process as authorized by section 7.1. If the dispute is
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not resolved, the Parties may agree to proceed to arbitration, or any party may
seek judicial review. The liability of any Party under this section 6.3 is subject and
subordinate to the provisions of Section 2.2, and nothing in this section 6.3 shall
reduce, impair, or eliminate any immunity from liability provided by Section 2.2.
6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of
all the Parties; provided, however, the foregoing shall not be construed as limiting
the rights of a Party to withdraw its participation in the CCA Program, as
described in Section 6.1.
6.5 Disposition of Property upon Termination of Authority. Upon termination of this
Agreement, any surplus money or assets in possession of CVCEA for use under
this Agreement, after payment of all liabilities, costs, expenses, and charges
incurred under this Agreement and under any program documents, shall be
returned to the then-existing Parties in proportion to the contributions made by
each.
ARTICLE 7: MISCELLANEOUS PROVISIONS
7.1 Dispute Resolution. The Parties and CVCEA shall make reasonable efforts to
informally settle all disputes arising out of or in connection with this Agreement.
Should such informal efforts to settle a dispute, after reasonable efforts, fail, the
dispute shall be mediated in accordance with policies and procedures
established by the Board.
7.2 Liability of Directors. Officers. and Employees. The Directors, officers, and
employees of CVCEA shall use ordinary care and reasonable diligence in the
exercise of their powers and In the performance of their duties pursuant to this
Agreement. No current or former Director, officer, or employee will be responsible
for any act or omission by another Director, officer, or employee. CVCEA shall
defend, indemnify and hold harmless the individual current and former Directors,
officers,and employees for any acts or omissions in the scope of their employment
or duties in the manner provided by Government Code Sections 995 et seq.
Nothing in this section shall be construed to limit the defenses available under the
law, to the Parties, CVCEA, or its Directors, officers, or employees
7.3 Indemnification of Parties. CVCEA shall acquire such insurance coverage as is
necessary to protect the interests of CVCEA, the Parties, and the public.
Subject to the provisions of Section 7A and provided that a Party has acted in
good faith and in accordance with this Agreement, CVCEA shall defend with
counsel acceptable to said Party, indemnify and hold such Party free and
harmless from any loss, liability or damage incurred or suffered by such Party by
reason of litigation arising from or as a result of any of the following: the Party's
participation in the JPA; action taken to approve and/or implement the CCA; or
any other act performed or to be performed by the Party pursuant to this
Agreement; provided, however that such indemnification or agreement to hold
harmless pursuant to this section shall be recoverable only out of CVCEA assets
and not from other Parties. To the extent CVCEA's assets are insufficient to
satisfy its obligations under this Section, any member Agency forced to expend
its own funds to satisfy what would otherwise be CVCEA's obligations shall be
entitled to reimbursement from CVCEA.
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7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the
California Government Code provides that a Member is jointly and severally
liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6
of that Code allow the members of a joint powers agency to contractually agree
to indemnity and contribution provisions that allow such liability to be apportioned
among the members based on their respective degree of fault giving rise to the
liability.The Parties further acknowledge that they have agreed at Section 7.3
above to indemnify and defend those Member agencies against loss, liability or
damage suffered by a Member Agency individually as a result of that Agency's
good faith acts taken pursuant to this Agreement. Now, therefore, in
contemplation of such authority,the Parties agree that, as among themselves,
each shall assume that portion of the liability imposed upon CVCEA or any of its
Members, officers, agents or employees by law for injury caused by any
negligent or wrongful act or omission occurring during the performance of this
Agreement that is not covered by insurance, that is determined by the CVCEA to
be that Member's proportionate share accruing during the Member's period of
participation in CVCEA. Said determination shall be by three-fourths vote of the
Member Agencies, meaning an affirmative vote of three-fourths of the total
number of Member Agencies.The Members acknowledge that, given the
possible variables, determination of a proper apportionment may be difficult.
Therefore, subject only to arbitration rights set out at Section 6.3, the Members
agree that the Board's good faith determination of a fair apportionment shall be
final, binding and enforceable as a term of this Agreement. Each Member shall to
the extent provided herein indemnity and hold harmless the other Members for
any loss, costs or expenses that may be imposed on such other Members solely
by virtue of Section 895.2.
7.5 Amendment of this Agreement. This Agreement may not be amended except by
a written amendment approved by a vote of Board members as provided in
Section 3.17.5. CVCEA shall provide written notice to all Parties of amendments
to this Agreement, including the effective date of such amendments, at least 30
days prior to the date upon which the Board votes on such amendments.
Exhibits A through E of this Agreement may be revised from time to time by
Board vote and copies of such revised exhibits shall be distributed to all Parties.
7.6 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not be assigned or delegated without the
advance written consent of all of the other Parties, and any attempt to assign or
delegate such rights or duties in contravention of this Section 7.5 shall be null
and void. This Agreement shall inure to the benefit of, and be binding upon, the
successors and assigns of the Parties. This Section 7.5 does not prohibit a Party
from entering into an independent agreement with another agency, person, or
entity regarding the financing of that Party's contributions to CVCEA, or the
disposition of proceeds which that Party receives under this Agreement, so long
as such independent agreement does not affect, or purport to affect, the rights
and duties of CVCEA or the Parties under this Agreement.
7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this
Agreement shall be held to be unlawful, invalid or unenforceable, It is hereby
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agreed by the Parties, that the remainder of the Agreement shall not be affected
thereby. Such clauses, sentences, paragraphs or provision shall be deemed
reformed so as to be lawful, valid and enforced to the maximum extent possible.
7.8 Further Assurances. Each Party agrees to execute and deliver all further
instruments and documents, and take any further action that may be reasonably
necessary,to effectuate the purposes and intent of this Agreement.
7.9 Execution by Counterparts. This Agreement may be executed in any number of
counterparts, and upon execution by all Parties, each executed counterpart shall
have the same force and effect as an original instrument and as if all Parties had
signed the same instrument. Any signature page of this Agreement may be
detached from any counterpart of this Agreement without impairing the legal
effect of any signatures thereon, and may be attached to another counterpart of
this Agreement identical in form hereto but having attached to it one or more
signature pages.
7.10 Parties to be Served Notice. Any notice authorized or required to be given
pursuant to this Agreement shall be validly given if served in writing either
personally, by deposit in the United States mail, first class postage prepaid with
return receipt requested, or by a recognized courier service. Notices given (a)
personally or by courier service shall be conclusively deemed received at the
time of delivery and receipt and (b) by mail shall be conclusively deemed given
48 hours after the deposit thereof(excluding Saturdays, Sundays and holidays) if
the sender receives the return receipt. All notices shall be addressed to the
office of the clerk or secretary of CVCEA or Party, as the case may be, or such
other person designated in writing by CVCEA or Party. Notices given to one
Party shall be copied to all other Parties. Notices given to CVCEA shall be
copied to all Parties.
7.11 No Third Party Beneficiaries.This Agreement shall reflect the Parties' rights and
obligations as by and among themselves. Nothing herein shall create any right in
any third party to enforce any right or obligation set out in this Agreement as
against any Party hereto.
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EXHIBIT A
DEFINITIONS
1. "Act" means the Joint Exercise of Powers Act of the State of California (Government
Code Section 6500 at sec.)
2. "Administrative Services Agreement"means an agreement or agreements entered into
after the Effective Date by CVCEA with one or more entity that will perform tasks
necessary for planning, implementing, operating and/or administering the CCA Program,
or any portion of the CCA Program or any other energy programs adopted by CVCEA.
3. "Agreement"means this Joint Powers Agreement.
4. "Annual Energy Use" has the meaning given in Section 3.17.1(b).
5. "Authority' means the CVCEA.
6. "Authority Document(s)" means document(s) duly adopted by the Board by resolution or
motion implementing the powers, functions, and activities of CVCEA, including but not
limited to the Operating Rules and Regulations, the annual budget, and plans and
policies.
7. "Board"means the Board of Directors of CVCEA.
6. "CCA" or"Community Choice Aggregation" means an electric service option available to
Cities and counties pursuant to Public Utilities Code Section 366.2.
9. "CCA Program"means CVCEA's program relating to CCA that is principally described in
Article 2 of this Agreement.
10. "CVAG"shag mean the Coachella Valley Association of Governments.
11. "Director" means a member of the Board of Directors appointed by and representing a
Party.
12. "Effective Date"means 2017 or when initial members of CVCEA
execute this Agreement,whichever occurs later, as further described in Section 2.1.
13. "Implementation Plan"means the plan generally described in Section 4.1.2 of this
Agreement that is required under Public Utilities Code Section 366.2 to be filed with the
California Public Utilities Commission for the purpose of describing a proposed CCA
Program.
14."Initial Costs"means all costs incurred by the CVCEA and or any Parties relating to the
establishment and initial operation of CVCEA, such as the hiring of an Executive Officer
and any administrative staff, and any required accounting, administrative, technical, or
legal services in support of CVCEA's initial activities or in support of the negotiation,
preparation, and approval of one or more Administrative Services Agreements.
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15. "Operating Rules and Regulations"means one or more sets of rules, regulations,
policies, bylaws and procedures governing the operation of CVCEA.
16. "Parties"or"Members" means, collectively, the signatories to this Agreement.
17, "Party", "Member" or"Member Agency"means a signatory to this Agreement.
18. 'Total Annual Energy Use" has the meaning given in Section 3.17.1(b).
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EXHIBIT B
LIST OF PARTIES
Parties: City of Blythe
City of Cathedral City
City of Desert Hot Springs
City of Indian Wells
City of Palm Desert
City of Palm Springs
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EXHIBIT C
PRO FORMA
ANNUAL ENERGY USE
Member Number of Customers Annual Energy Use
MWh
Blythe 5,898 117,000
Cathedral City 24,137 329,000
Desert Hot Springs 11,421 140,000
Indian Wells 5,230 158,000
Palm Desert 39,459 699,000
Palm Springs 37,826 640,000
Total 123,971 2,083,000
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EXHIBIT D
PROFORMA
VOTING SHARES
CVCEA CCA Program Participation and Weighted Votin Shares
Participants Annual Energy Percent Annual Annual Energy Use Pro ltata Voting Weighted
Use OWN Enem Use Voting Share% Share% Voting Share°%
Blythe 117.000 5.620/6 2.81% 8.33% 11.14%
Cathedral City 329.000 15.79% 7.90% 8.33% 16.23%
Desert Hot Springs 140.000 6.72% 3.36% 8.33% 11.69%
Indlan Wells 158.000 7.59% 3.79% 8.33% 12.13%
Palm Desert 699.000 33.56% 16.78% 8.33% 25.11%
Palm Springs 640.000 30.72% 15.36% 8.33% 23.70%
TOTALS I Z083.0001100.00% 1 $0.00% 1 50.00% 100.00%
I. [
FORMULAS USED:
1. Annual Energy Use Voting Share: Total Annual Energy Use(expressed in MWh)in the Members
jurisdiction/combined Total Annual Energy Use all Members'jurisdictions] multiplied by
expressed as a percentage to two decimal places. See section 3.17.1 (b)
2. Pro-rats Voling Share: [1 /total number of members] multiplied by%.), expressed as a percentage to
two decimal places. See section 3.17.1 (a)
3. Weighted Voting Share: (the respective sum of the values computed in(1)and(2)above, expressed
as a percentage to two decimal places_See section 3.17.1 (c)
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EXHIBIT E
SIGNATURES
IN WITNESS WHEREOF,the Parties hereto have executed this Joint Powers Agreement
establishing the Coachella Valley Community Energy Authority
By:
Name:
Title:
Date:
Party:
(One signature page for each Member)
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Climate 1;E CA1 Y E
U� P"LH Pi�lfai
Action PS 2811 JUL -5 AM 11: 16
Ourgoak To stop climate change FICE
City Council Testimony 7/5/17
Community Choice Aggregation
The disastrous impacts of climate change continue to accrue worldwide. They include
epic storms and flooding, disruptions in agriculture, ocean acidification, sea level rise,
killing heat waves and wildfires.
In Palm Springs, they represent a very real threat to our quality of life and economy.
How: longer and deeper droughts, less water, more life threatening heat waves, more
days that planes can't fly and increased wildfires in surrounding areas.
Bottom line: These trends will continue in increase until we make meaningful cuts to our
greenhouse gas (GHG) emissions. Given the national political climate, this must happen
both locally and on a state level.
We celebrate the wisdom and leadership of Council in their recent vote to meet or exceed
the goals of the Paris Climate agreement.
We must now take action to meet that goal. That means implementing thoughtful policies
that will cut GHG emissions in Palm Springs. Sooner rather than later.
Tonight you are discussing a brilliant plan to address this challenge. Community Choice
Aggregation is a win for our community. It offers consumer choice regarding energy. It
ensures price parity for those who chose renewables. It will stimulate jobs as new
renewable sources are developed. And, it will dramatically cut our GHG emissions.
I urge you to vote yes on this well thought out plan with a proven track record in other
communities. This is a win for all.
Thank you for your work to create a better Palm Springs and a safer world for future
generations. That is what leaders do.
Best,
Ellen
Ellen Lockert
ellen ctclimateactionps.com
www.climateactionps.com
P.O. Box 5086, Palm Springs, CA 92263 ��en 3,
,44d;�i e7io—t Ma+CvIct-L `D'7- 6S- Zdl /