Resolution/CM Enter Exclusivity Agreements to Negotiate Terms of Energy-Related Developer PSAs Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. 23-9284
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO
EXCLUSIVITY AGREEMENTS TO NEGOTIATE THE TERMS OF
ENERGY-RELATED PURCHASE AND SALE AGREEMENTS
WITH PROJECT DEVELOPERS
WHEREAS, to meet future load demand, achieve compliance with the City’s Climate Action Plan and State’s Renewable Portfolio Standard (RPS) program, and support the grid’s reliability, the City of Santa Clara’s Silicon Valley Power (SVP) must increase its power and capacity supply with renewable energy projects, energy storage projects, and other carbon- free resources;
WHEREAS, the number of viable projects have been reduced in number because of supply chain, transmission, interconnection, and permitting issues WHEREAS, in addition, the acceleration of the State’s RPS goals combined with the ambitious clean energy goals of other utilities have led to a very competitive energy procurement environment;
WHEREAS, exclusivity agreements will assist SVP to stay competitive, nimble, sel ective and strategic when engaging potential counterparties ; and, WHEREAS, the City Council finds it is appropriate to delegate to the City Manager the authority to enter into exclusivity agreements in furtherance of its energy procurement goals and obligations based on the Report to Council accompanying this resolution and the foregoing recitals.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council of the City of Santa Clara does hereby authorize the City Manager , or designee, to negotiate, approve, and execute exclusivity agreements for the negotiation of energy-related purchase and sale agreements with project developers and any required amendments so long as these agreements and amendments are at no cost to the City and do not commit the City to enter into power purchase agreements or other energy-related agreements, subject to review and approval as to form by the City Attorney.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 14TH DAY OF NOVEMBER, 2023, BY THE FOLLOWING VOTE :
AYES: COUNCILORS :
NOES: COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED: COUNCILORS :
Attachments incorporated by reference : None
Becker, Hardy, Jain, and Watanabe, and Mayor
Gillmor
None
Chahal and Park
None
ATTEST~
NORAPIMENTEL,MC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Resolution/CM Enter Exclusivity Agreements to Negotiate Terms of Energy-Related Developer PSAs Rev: 7/27/2023