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20001024 2000-23ORDINANCE NO. 2000-23 AN ORDINANCE APPROVING A JOINT POWERS ASSOCIATION AGREEMENT TO INCLUDE THE CITY OF FAIRFAX IN A PILOT PROGRAM FOR JOINT AGGREGATION AND PROCUREMENT OF ELECTRIC ENERGY BY VIRGINIA LOCAL GOVERNMENTS FROM ELECTRIC ENERGY SUPPLIERS OTHER THAN VIRGINIA POWER IN PREPARATION FOR THE UP-COMING ELECTRIC ENERGY DEREGULATION. WHEREAS, the VML/VACo Virginia Power Steering Committee (the "Committee"), composed of representatives of the City of Fairfax and other municipalities and political subdivisions of the Commonwealth, has for over several decades negotiated on behalf of such governmental units their purchase of electricity supply from Virginia Power as a sole source provider; and WHEREAS, Section 15.2-1300, et seq. of the Virginia Code (the "Joint Powers Act") authorizes political subdivisions to exercise jointly powers they otherwise are authorized to exercise independently, under the terms and conditions set forth in the Joint Powers Act; and WHEREAS, the Electric Utility Restructuring Act (the "EUR Act") further authorizes municipalities and other political subdivisions in the Commonwealth to aggregate their electricity supply requirements for the purpose of their joint purchase of such requirements from licensed suppliers, and the EUR Act provides that such aggregation shall not require licensure; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts from its competitive sealed bidding and competitive negotiation requirements (the "Requirements") the joint procurement by public bodies, utilizing competitive principles, of 2000-23 -2 electricity supply purchased through member associations under the conditions set forth in the Procurement Act; and WHEREAS, the Committee has voted unanimously to fund an effort to aggregate local governmental purchases of up to approximately 117,000,000 kWh of annual electricity supply (the "Supply") from competitive licensed suppliers during a pilot period commencing no earlier than January 1, 2001, and extending through no later than December 31, 2002 (the "Pilot Period"); and WHEREAS, the Committee recommends (i) the aggregation and joint procurement of the Supply as provided in the form of the Joint Powers Association Agreement, a copy of which is attached to and made a part of this Ordinance (the "Joint Powers Agreement'); (ii) that one or more requests for proposals ("RFP") be issued requesting licensed suppliers (the "Proposers") to submit proposals (the "Proposals") to furnish the Supply to the interval accounts (the "Accounts") selected by the Proposers from among approximately 200 interval accounts of the municipalities and other political subdivisions that presently purchase electricity supply from Virginia Power; (iii)that for the Accounts selected, approximately 30% of the kWh shall be for schools on Virginia Power's Rate Schedules 100 and 110 and approximately 70% of the kWh shall be for non-schools on its Rate Schedule 130; and (iv) that a contract or contracts for the furnishing of the Supply be awarded to the Proposer (or 2000-23 -3 Proposers) by considering which Proposals best (i) meet the requirements and conditions of the RFP; (ii)offer the greatest dollar savings for the aggregated group as a whole; and (iii) offer a price for each Account selected that is projected to be lower than the projected price that would otherwise obtain applying the Virginia Power supply rate under which the Account would otherwise be served; and WHEREAS, the Committee has agreed to provide funds from its operating budget in an amount not to exceed $40,000 to pay the fees and expenses of its counsel, Christian & Barton, L.L.P., and its utility consultant, the Columbia Group, to prepare the documents necessary for the aggregation, the RFP process, the evaluation of the Proposals, and the award and execution of the contract or contracts on behalf of the municipalities and political subdivisions owning the Accounts for which the Supply will be furnished; and WHEREAS, the Committee recommends that the municipalities and political subdivisions participating in the aggregation process agree to contribute back to the Committee's budget up to 25% of the estimated savings projected to be realized with respect to such of their Accounts, if any, for which the Supply is to be furnished during the Pilot Period, provided that the aggregate of such contributions back to the Committee shall not exceed $40,000; and 2000-23 -4 WHEREAS, the Committee recommends that the aggregation and procurement of the Supply for the Pilot Period be effectuated as provided in the Joint Powers Agreement utilizing competitive principles pursuant to an exemption from the Requirements; and WHEREAS, the procurement of the Supply through the Joint Powers Agreement is structured such that the projected costs of the electrical energy requirements of the City of Fairfax can only be less than such costs would otherwise be under otherwise applicable rates, and it has heretofore been determined on behalf of the City of Fairfax that competitive sealed bidding and competitive negotiations by the City of Fairfax for such of the Supply as may be applicable to any of its Accounts are not fiscally advantageous to the public; and WHEREAS, it appearing to the Council of the City of Fairfax that the joint procurement of the Supply pursuant to the Joint Powers Agreement is otherwise in the best interests of the City of Fairfax NOW, THEREFORE, BE IT HEREBY ORDAINED that: (1) The aggregation and joint procurement of the Supply during the Pilot Period pursuant to the Joint Powers Agreement is hereby approved. (2) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of the City of Fairfax are hereby authorized and approved. 2000-23 -5 (3) The City Manager is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of the City of Fairfax in substantially the form presented to this meeting. (4) The return to the Committee of up to 25% of any savings projected to be realized by the City of Fairfax on any of its Accounts, as provided in and subject to the overall limitation set forth in the Joint Powers Agreement, is hereby authorized and approved. (5) The payment obligations of the City of Fairfax pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the City of Fairfax. (6) This Ordinance shall take effect immediately. INTRODUCED: PUBLIC HEARING: ADOPTED: Octoberl0,2000 October24,2000 October24,2000 The vote on the motion to adopt the ordinance was recorded as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthorne Vote Aye Aye Aye Aye Aye Aye ATTEST: ~'~Mayo~ Date