HomeMy WebLinkAboutOrd 1327 - C36400 JPA Implementation of CCA PgrmHe DATE IIT:/(fIL.
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-.-,,..----..... ORDINANCE NO. 1327
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AN- ORDINANCE E THE CITY COUNCIL
DESERT, CALIFORNIA, AUTHORIZING IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM, AND APPROVING
THE DESERT CITIES ENERGY CHOICE JOINT POWERS AGREEMENT
I
DATE
The City Council of the City of Palm Desert, California, does hereby ordain as
follows:
SECTION 1. The City of Palm Desert 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 Govemor 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 goveming
body so elects, to combine the electricity Toad 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 as Exhibit A, a
CCA program implemented and administered by and through Desert Cities Energy Choice
("DCEC") 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 forms 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 Tong -term electric rate stability, energy security and reliability for
residents through local control of electric generation resources.
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.
* Approved the recommendations, as amended•to include: (1)(c) Instructing City Council's
representative to the initial meeting of the Joint Powers Authority to seek an
amendment to the draft Joint Powers Agreement in Section 6.1.3 =so as to provide:for
the right.to withdraw within 30 days.. of receiving the drift CCA Implementation Plan
withAimpunity. 4-1 (AYES Jonathan, Kelly, Nestande, Harnik; NOES- Weber).
ORDINANCE NO. 1327
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 and any other related documents for the 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. This Ordinance shall take effect and be in force thirty (30) days from
the date of its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the *day of , 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
2
EXHIBIT A
DESERT CITIES ENERGY CHOICE
(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.
In 2016, the Legislature passed SB 32, which codifies a 2030 greenhouse gas
emissions reduction target of 40 percent below 1990 levels.
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
purchase of renewable power and greenhouse gas -free energy sources will be
Desert Cities Energy Choice 1
JPA Agreement, June 28, 2017
the desired approach to decrease regional greenhouse gas emissions and
accelerate the State's transition to clean power resources to the extent feasible.
The DCEC 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 Desert
Cities Energy Choice, or DCEC, 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
DCEC 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 DCEC 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
specified 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 DESERT CITIES ENERGY CHOICE
2.1 Effective Date and Term. This Agreement shall become effective and DCEC
shall exist as a separate public agency on , 2017 or when the
Parties execute this Agreement, whichever occurs later. The DCEC shall provide
notice to the Parties of the Effective Date. DCEC 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 DCEC.
2.2 Formation. There is formed as of the Effective Date a public agency named
Desert Cities Energy Choice. Pursuant to Sections 6506 and 6507 of the Act,
DCEC is a public agency separate from the Parties. Pursuant to Sections 6508.1
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JPA Agreement, June 28, 2017
of the Act, the debts, liabilities or obligations of DCEC 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
DCEC. 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
DCEC. Notwithstanding Section 7.4 of this Agreement, this Section 2.2 may not
be amended unless such amendment is approved by the goveming board of
each Party.
2.2.1 Name. DCEC 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, Tong -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, DCEC 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 DCEC.
2.4 Membership in DCEC.
2.4.1 The initial Members of DCEC 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 DCEC by
submitting a resolution adopted by its City Council or Board of
Supervisors to the Board of DCEC. 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 DCEC. The
Board shall notify the then members of DCEC 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 DCEC under
the terms and conditions set forth by the Board and upon approval and
execution of this Agreement by the requesting city or county.
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JPA Agreement, June 28, 2017
2.5 Powers. DCEC shall have all powers common to the Parties and such additional
powers accorded to it by law. DCEC 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, DCEC 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 et 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 forms 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
Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
and
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JPA Agreement, June 28, 2017
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 DCEC 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 DCEC is subject to the restrictions upon the manner of exercising
power possessed by the City of (insert name of one Darticioatina city).
ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION
3.1 Goveminq Body. DCEC 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. Altemates 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 DCEC, either directly
or by delegation to other bodies or persons pursuant to this Agreement.
If additional cities or counties join DCEC, as set forth in section 2.4, each city or
county that becomes a member of DCEC 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 member jurisdictions, and at such times as may be designated from time to
time by the Board. 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.).
3.3 Special Meetings of the Board. Subject to all noticing requirements of the Ralph
M. Brown Act, special meetings of the Board may be called in accordance with
the provisions of Califomia Government Code Sections 54956 and 54956.5, to
be held at such times and places within one of the member jurisdictions 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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JPA Agreement, June 28, 2017
3.4 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.
3.5 Conduct of Meetings. 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, every act or decision
by the Board shall be made by a majority vote of the Directors present at a
meeting duly held at which a quorum is present. No action may be taken by the
Directors if a quorum of the Board is not present. 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.
A quorum shall exist if a majority of the Directors then designated by and serving
on behalf of the Members are present at any duly called meeting of the Board.
Ex officio, non -voting directors 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 altemate, 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.
3.8 Other Officers. The Executive Officer of DCEC shall be the secretary of DCEC,
or as otherwise determined by the Board. Any officer, employee or agent of any
Member of DCEC may also be an officer, employee, or agent of any of the
Members. DCEC 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 DCEC and
shall perform such duties and shall have such powers as DCEC 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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JPA Agreement, June 28, 2017
3.9 Minutes. The secretary of DCEC 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 DCEC bylaws.
3.11 Powers and Functions of the Board. The Board shall exercise general
govemance and oversight over the business and activities of DCEC, 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 DCEC 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 DCEC, 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 DCEC and the setting of
charges for any other category of service provided by DCEC.
3.11.10 Termination of the CCA Program.
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JPA Agreement, June 28, 2017
3.12 CVAG's Participation. CVAG shall provide, under contract with DCEC,
administrative services required by DCEC during the first five (5) years of the
implementation of the DCEC; and thereafter as the administrative services
contract may be renewed from time to time by DCEC, 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 DCEC.
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 DCEC, who shall be responsible
for the day-to-day operation and management of DCEC and the CCA Program.
The Executive Officer may be retained under contract with DCEC, be an
employee of DCEC, 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 DCEC. Except as otherwise set forth in this Agreement, the Executive
Officer may exercise all powers of DCEC, 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 Tess 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 DCEC Staff. Except as may be provided pursuant to any administrative services
agreement referenced in Section 3.12, DCEC 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 DCEC Executive Officer
may utilize CVAG staff as may be necessary to accomplish the purposes of
DCEC. CVAG staff time, as well as office expenses, direct and indirect
overhead, shall be charged to DCEC 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
commissions, boards or committees 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.
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
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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 DCEC.
However, Directors may be compensated by their respective appointing
authorities. The Board, however, may adopt by resolution a policy relating to the
reimbursement by DCEC of expenses or other costs incurred by Directors.
3.17 Voting. As described in Section 3.7 and in Section 3.17.3, action by DCEC
Board will be taken solely by a majority vote of the total number of Directors
present except as provided in Section 3.17.5 below. 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: ( [1 / 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 1A), 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 December 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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JPA Agreement, June 28, 2017
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 Tess 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, the Board shall act solely upon 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 -Thirds and Weighted Voting Approval Requirements Relating
to Sections 6.2 and 7.4. Notwithstanding any other provision of
this Agreement, 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:
(i) 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 DCEC 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 (i) 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 all Directors and the affirmative vote
of Directors having at least 75% of all Weighted Voting
Shares, 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 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 DCEC shall be the depository and
have custody of all money of DCEC from whatever source and shall draw all
warrants and pay demands against DCEC as approved by the Board. The
Treasurer shall cause an independent audit(s) of the finances of DCEC 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.
3.19 Administrative Services Provider. The Board may appoint one or more
administrative services providers to serve as DCEC'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, or CVAG as provided in Section 3.12. 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 DCEC. This section shall not in
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any way be construed to limit the discretion of DCEC 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
intends to implement a CCA Program by and through its participation in
DCEC.
4.1.2 Implementation Plan. DCEC 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 DCEC 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
DCEC 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 DCEC as described in
Article 6.
ARTICLE 5: FINANCIAL PROVISIONS
5.1 Fiscal Year. DCEC'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 DCEC shall be held in separate accounts in the name of
DCEC and not commingled with funds of any Party or any other person or
entity.
5.2.2 All funds of DCEC 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 DCEC
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
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DCEC, 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.
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 DCEC 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 DCEC. CVAG shall also be
entitled to reimbursement for Initial Costs. DCEC 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 DCEC 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 costs which may include
reasonable interest charges.
5.3.3 CCA Program Costs. The Parties desire that all costs incurred by DCEC
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, to the
extent permitted by law.
5.3.4 Employee Retirement and Post -retirement Benefits. Should the Board
determine to provide a defined benefits retirement benefit to DCEC
employees (such as PERS) or other post -retirement benefits that would
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be within an Other Post -Retirement Benefits (OPEB) obligation to DCEC
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 Tong -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(s)
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
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 DCEC's next fiscal year, by
giving no Tess than 6 months advance written notice of its election to do
so, which notice shall be given to DCEC 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 DCEC 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, DCEC shall provide to the Parties the report from the
electrical utility consultant(s) retained by DCEC that compares the total
estimated electrical rates that DCEC 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 DCEC 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 DCEC without any further financial obligation, as long as
the Party provides written notice of its intent to withdraw to DCEC Board
no more than fifteen (15) days after receiving the report. A Party may also
withdraw its membership in DCEC prior to December 31, 2017 for any
reason. Any withdrawing Party shall not be entitled to any retum of funds
it may have provided to DCEC, provided, however, that if, after the
program is launched there are unobligated and unused funds, the
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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 DCEC shall
execute and deliver all further instruments and documents, and take any
further action that may be reasonably necessary, as determined by the
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
Party 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 6.1.3,
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 DCEC 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, DCEC
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
shall 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
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obligations were incurred prior to the withdrawal of the Party. DCEC may
withhold funds otherwise owing to the Party or may require the Party to deposit
sufficient funds with DCEC, as reasonably determined by DCEC 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 DCEC
above that which is required to pay any existing or ongoing financial obligations
shall be retumed 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
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 DCEC 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 DCEC 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 DCEC 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.
DCEC 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, DCEC, or its Directors, officers,
or employees
7.3 Indemnification of Parties. DCEC shall acquire such insurance coverage as is
necessary to protect the interests of DCEC, the Parties, and the public. Subject
to the provisions of Section 7.4 and provided that a Party has acted in good faith
and in accordance with this Agreement, DCEC shall defend with counsel
acceptable to said Party, indemnify and hold such Party free and harmless from
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any Toss, 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 DCEC assets
and not from other Parties. To the extent DCEC'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 DCEC's obligations shall be entitled to
reimbursement from DCEC.
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 DCEC 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 DCEC to
be that Member's proportionate share accruing during the Member's period of
participation in DCEC. 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 indemnify and hold harmless the other Members for
any Toss, 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. DCEC 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
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JPA Agreement, June 28, 2017
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 DCEC, 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 DCEC 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
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 DCEC or Party, as the case may be, or such
other person designated in writing by DCEC or Party. Notices given to one Party
shall be copied to all other Parties. Notices given to DCEC 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 et seq.)
2. "Administrative Services Agreement" means an agreement or agreements entered into
after the Effective Date by DCEC 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 DCEC.
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 DCEC.
6. "Authority Document(s)" means document(s) duly adopted by the Board by resolution or
motion implementing the powers, functions, and activities of DCEC, 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 DCEC.
8. "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 DCEC's program relating to CCA that is principally described in
Article 2 of this Agreement.
10. "CVAG" shall 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 DCEC
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
Califomia Public Utilities Commission for the purpose of describing a proposed CCA
Program.
14. "Initial Costs" means all costs incurred by the DCEC and or any Parties relating to the
establishment and initial operation of DCEC, such as the hiring of an Executive Officer
and any administrative staff, and any required accounting, administrative, technical, or
legal services in support of DCEC'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 goveming the operation of DCEC.
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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JPA Agreement, June 28, 2017
Member
Blythe
Cathedral City
Desert Hot Springs
Indian Wells
Palm Desert
Palm Springs
Total
EXHIBIT C
PRO FORMA
ANNUAL ENERGY USE
Number of Customers
5,898
24,137
11,421
5,230
39,459
37,826
123,971
Annual Energy Use
(MWh)
117,000
329,000
140,000
158,000
699,000
640,000
2,083,000
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Blythe
Cathedral City
Desert Hot Springs
Indian Wells
Palm Desert
Palm Springs
TOTALS
FORMULAS USED:
EXHIBIT D
PRO FORMA
VOTING SHARES
CVCEA CCA Program Participation and Weighted Voting Shares
Participants Annual Energy Percent Annual Annual Energy Use Pro Rata Voting Weighted °
Use (MWh) Energy Use Voting Share % Share % Voting Share /°
117,000 5.62% 2.81 % 8.33% 11.14%
329,000 15.79% 7.90% 8.33% 16.23%
140,000 6.72% 3.36% 8.33% 11.69%
158,000 7.59% 3.79% 8.33% 12.13%
699,000 33.56% 16.78% 8.33% 25.11%
640,000 30.72% 15.36% 8.33% 23.70010
2,083,000 100.00% 50.00% 50.00% 100.00%
1. Annual Enerav Use Voting Share: Total Annual Energy Use (expressed in MWh) in the Member's
jurisdiction / combined Total Annual Energy Use all Members' jurisdictions] multiplied by 1/2),
expressed as a percentage to two decimal places. See section 3.17.1 (b)
2. Pro-rata Voting Share: [1 / total number of members] multiplied by 1/2), 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 Desert Cities Energy Choice, Community Choice Aggregation program.
By:
Name:
Title:
Date:
Party:
(One signature page for each Member)
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