HomeMy WebLinkAboutAgenda Report - September 1, 2004 E-09AGENDA ITEM Fwalot
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt a resolution authorizing the City Manager to execute Amendment 4 to
Contract 96 -SNR -00110 between the Bureau of Reclamation and the United
States of America Department of Energy Western Area Power Administration
with the City of Lodi for the Funding of Power Operation and Maintenance for
Central Valley Project Power Facilities (EUD)
MEETING DATE: September 1, 2004
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City
Manager to execute Amendment 4 to United States of America
Department of Energy Western Area Power Administration
(Western) Contract 96 -SNR -00110 with the City of Lodi for the Funding of Power Operation and
Maintenance for Central Valley Project Power Facilities.
BACKGROUND INFORMATION: As part of the annual City of Lodi Electric Utility Department's
(EUD) renewal of Western Area Power Administration (Western)
resources, Contract S6 -SNR -00110 for the Funding of Power
Operation and Maintenance for Central Valley Project Power Facilities (EUD) provides for continuation of
the Western resource. Amendment 4 modifies our current Western contract to reflect Western's new
marketing plan. The new marketing pian (effective January 01, 2005) is resource based (based upon the
actual available generator capacity from Western). The present marketing plan is based upon firm
capacities (i.e., a guarantee fixed amount of capacity). Lodi's future Western energy allotment under the
new marketing plan will be a percentage of actual generated capacity.
FUNDING: None. Within Current Power Budget
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Alan N. Vailow
Electric Utility Director
PREPARED BY: Mel Grandi, Manager, Electric Services
ANV/MGAst
cc: City Attorney
APPROVED:
JANItT S. KEETER, Interim City Manager
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Contract No. 96 -SNR -00110
Amendment No. 4
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
. UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID -PACIFIC REGION
AND
CENTRAL VALLEY PROJECT CUSTOMERS
AMENDMENT NO.4 TO THE
AGREEMENT FOR THE FUNDING OF OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
AWHWMATED COPY
AUTHENTICATED COPY
Contract No. 96 -SNR -00110
Amendment No. 4
UNITED STATES
DEPARTMENT -OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID -PACIFIC REGION
AND
CENTRAL VALLEY PROJECT CUSTOMERS
AMENDMENT NO.4 TO THE
AGREEMENT FOR THE FUNDING OF OPERATION AND MAINTENANCE
FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
Table of Contents
Section Page
1. PREAMBLE............................................................................... ...............1
2. EXPLANATORY'REUTALS............................................................................2
3. AGREEMENT...................................................... ,............................ ................ 2
4. TERM OF AMENDMENT ..............................................
5. MODIFICATION TO THE PRIMARY AGREEMENT .. ..................................... 2
6. PRIMARY AGREEMENT TO REMAIN IN EFFECT ........................................ 3 _
7. EXECUTION IN COUNTERPART..................................................................3
SIGNATURE PAGES
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Contract No. 96 -SNR -00110
Amendment No. 4
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA CUSTOMER SERVICE REGION
CENTRAL VALLEY PROJECT, CALIFORNIA
AND
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
MID -PACIFIC REGION
AND
CENTRAL VALLEY PROJECT CUSTOMERS'
AMENDMENT NO.4 TO THE
AGREEMENT FOR THE FUNDING OF OPERATION AND MAINTENANCE
FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
1. PREAMBLE: This Amendment to Contract No. 96 -SNR -00110 (Primary
Agreement) is made this 14A day of , 2004, between the UNITED
STATES OF AMERICA (United States), (1) acting by and through the Administrator,
Western Area Power Administration, Department of Energy (Western), represented by
the Regional Manager, Sierra Nevada Customer. Service Region, the officer executing
this Agreement, or a duly appointed successor, and (ii) acting by and through the
Commissioner, Bureau of Reclamation, Department of the Interior (Reclamation),
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Contract No. 96 -SNR -001 10
Amendment No. 4
represented by the Regional Director, Mid -Pacific Region; and the Central Valley
Project (CVP) preference power customers signing this Amendment as set forth in
Exhibit A of the Primary Agreement, all collectively called Parties.
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2: -EXP TORY- Ci—AA-LS,_
2.1 The Parties entered into the Primary Agreement on November 12, 1997.
2.2 To accommodate Western's 2004 Power Marketing Plan, the Parties
desire to modify the definition of a Small Customer in the Primary Agreement to
incorporate a Base Resource percent allocation value. . .
3. AGREEMENT: The Parties agree to the terms and conditions set forth herein.
4. TERM OF AMENDMENT: This Amendment shall become effective upon
execution by all Parties and shall. remain in effect concurrently with the Primary
Agreement.
5. NlODIFI AC TION TO THE PRIMARY AGREEMENT: The following modification
is made to the Primary Agreement:
5.1 Modification to Section 5.23: Section 5.23 is deleted in its entirety and the
following language substituted theraf6w. .
"5.23 Small Customer: A customer with a long -tern firm allocation of 20
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megawatts or.less from Western and a maximum load of 40 megawatts or
less through calendar year 2004, or a customer with a Base Resource
percentage of 1.328% or less under the 2004 Power Marketing Plan and a
maximum load of 40 megawatts -or less, beginning January 1, 2005,
through the term of this Agreement."
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Contract No. 96 -SNR -00110
Amendment No 4
6. PRIMARY AGR99M9NT TO REMAIN IN EFFECT:
Except as expressly modified by this Amendment, said Primary Agreement shall remain
in full force and effect; and this Amendment shall be subject to all provisions of the
-Primary Agreement, -except asherein -amended.
7. EXEQUJION IN COUN RP T:
This Amendment may be executed In a number of counterparts and shall constitute a
single docurrpent with the same force and effect as if each Party had signed all other
counterparts.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be
executed the day and year first above written. The signatories hereto represent that
they have. been appropriately authorized to enter -into this Amendment on behalf of the
Party for whom they sign.
Address: 2800 Cottage Way
Sacramento—CA 95825
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Contract No. 96 -SNR -00110
Amendment No. 4
IN WITNESS WHEREOF, the Parties have caused this Amendment to be
executed the day and year first above written. The signatories hereto represent that
they have been appropriately authorized to enter into this Amendment on behalf of the
Party for whom they sign.
CITY OF LODI
By:
Title:
t
Address:
Approved as to firm
CIO Attoru�y
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RESOLUTION NO. 2004-176
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AMENDMENT 4 TO CONTRACT NO. 96 -SNR -00110 BETWEEN
THE BUREAU OF RECLAMATION AND THE UNITED STATES OF
AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER
ADMINISTRATION WITH THE CITY OF LODI FOR THE FUNDING OF
POWER OPERATION AND MAINTEANANCE FOR THE CENTRAL
VALLEY PROJECT POWER FACILITIES, AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
DOCUMENTS ON BEHALF OF THE CITY OF LODI
BE IT RESOLVED that the City Council of the City of Lodi does hereby approve
Amendment 4 to United States of America Department of Energy Western Area Power
Administration Contract No. 96 -SNR -00110 with the City of Lodi for the funding of power
operation and maintenance for the Central Valley Project Power Facilities; and
BE IT FURTHER RESOLVED that the City Manager is authorized and directed
to execute said documents on behalf of the City of Lodi.
Dated: September 1, 2004
i hereby certify that Resolution No. 2004-176 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held September 1, 2004, by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Land
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2004-176