City Council Agenda and Packet 2019 07 30

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COLLABORATION FOR RENEWABLE ENERGY, ADVANCED TECHNOLOGY AND THE ECONOMY - PLANNING, PROGRESS AND EXECUTION 4.1 Planning and Deliverables: The Parties will develop a plan to advance the EFC Partnership, typically on a biennial basis (the "Work Plan"). The Work Plan for each time period will detail the deliverables to be presented and will follow the guiding principles outlined in this Memorandum. The Parties will use their best efforts to achieve such deliverables. An overview of the Work performed and the results achieved will be prepared by the Parties on an annual basis. In prioritizing the items to be performed in a specific Work Plan, the Parties will consider the mutual vision as well as regulatory requirements in Colorado and will focus on selecting the top two to three priorities. Initial ideas for the Parties to consider for the Work Plan are outlined in Attachment 1 to this Memorandum. These ideas are not exhaustive or controlling, but illustrative. 4.2 Meetings and Staffing: The City and Xcel Energy will meet at least quarterly. The Parties will work to provide staff and resources appropriate to support the work. 4.3 PUC: The Parties recognize that future action taken by Xcel Energy to support the City's goals and the EFC Partnership may be subject to state regulatory utility requirements under Colorado law. If the Parties agree on certain actions in support of the EFC Partnership that require state regulatory approval, they agree to cooperatively work together to seek necessary approvals or regulatory changes to facilitate such regulatory approvals. EFC Partnership program costs and incentives for City customers, above and beyond what is then offered by Xcel Energy to all of its customers will be the responsibility of the City or another party that has accepted responsibility. 4.4 Waiver and Legal Applicability: Nothing in this Memorandum constitutes a waiver of the City ordinances, the City's regulatory jurisdiction or Colorado's utility regulatory jurisdiction. It is agreed by the Parties that nothing in this Memorandum will be deemed or construed as creating a joint venture, trust, partnership, or any similar legal relationship among the Parties. Each Party shall be responsible for its own obligations under this Memorandum. The Parties agree that this Memorandum is to memorialize the intent of the Parties regarding the EFC Partnership, but does not create a legal agreement or any legal obligations between the Parties. This Memorandum further does not require any expenditure of City funds or prevent either the City or Xcel Energy from pursuing partnerships or collaborative efforts with other parties. This Memorandum is for the benefit of the Parties and does not create third party rights. 4.5 No Impact on Franchise Agreement or other Agreement: The City and Xcel Energy are parties to a Franchise Agreement, dated January 1, 2008 and adopted as Ordinance 1527, Series 2007 ("Franchise Agreement"). The Franchise Agreement has no impact on this Memorandum and the Memorandum likewise does not alter or modify the Franchise Agreement. 11 16