Victorville Municipal Code Art. VIII Energy Purchases by Victorville Municipal Utility Services ("VMUS")

(a) The city manager or his/her duly authorized designee is authorized to procure, approve and execute, for and on behalf of the city, contracts for energy purchases, provided that:

(1) At no time will the total commitment for future energy purchases exceed thirty million dollars;

(2) The term of any transaction or contract entered into under this article shall not exceed five years;

(3) No energy purchases shall be made in excess of those required to meet VMUS' forecasted customer load requirements and revenue; and

(4) All such energy purchases also comply with the provisions of sections 2.28.320 and 2.28.340 of this article.

(b) To provide future flexibility and the ability to promptly respond to changing energy markets, the city council may amend the limits of authorization set forth in this section by resolution or ordinance.

(Ord. No. 2381, § 2, 9-18-18)

Contracts and confirmations for energy purchase shall be in the form of industry-standard contracts/confirmations which have either: (i) been previously authorized and approved by the city council in the form of existing enabling (master) agreements for energy purchases; or (ii) been reviewed and approved by both the city attorney and the city's risk manager as conforming to industry (and city) standards or having terms similar to the city's currently-existing approved master or other agreements for energy purchases prior to use or execution by the city manager.

(Ord. No. 2381, § 2, 9-18-18)

Any contracts for energy purchases that do not fall within the confines of both sections 2.28.310 and 2.28.320 of this article must be approved by the city council and executed by the mayor.

(Ord. No. 2381, § 2, 9-18-18)

Although the competitive solicitation procedures set forth in articles III, IV and V of this chapter are not mandated for energy purchases, the city manager and/or the VMUS Director of Utilities shall observe industry standard energy procurement best utility practices and to ensure competitive pricing and energy purchases that are in the best interests of the city and VMUS customers. All energy purchase shall require the written certification of the city manager or the VMUS Director of Utilities that the price is competitive and such purchase is in the best interests of the city.

(Ord. No. 2381, § 2, 9-18-18)