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HomeMy WebLinkAboutAgenda Report - June 22, 1999 B-01 SMCITY OF Oi O �P 9�/FORS COUNCIL COMMUNICATION AGENDA TITLE: Exhibit A, Revision 2 to United Sates of America Department of Energy Western Area Power Administration (Western) Contract No. 92 -SAO -20056 with the City of Lodi MEETING DATE: June 22, 1999 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: That the City Council authorize the City Manager to execute Exhibit A, Revision 2 to United States of America Department of Energy Western Area Power Administration (Western) Contract No. 92 -SAO - 20056 (Contract with the City of Lodi (attached). BACKGROUND INFORMATION: The Contract provides for Western to furnish electric service at a contract rate of delivery to the City of Lodi. The contract was amended by council resolution 96-11. By this action, Exhibit A, Revision 1, a temporary allocation program went in to effect. As of July 1, 1999, the terms and conditions of the program will change and without action the City of Lodi will cease to participate in the program. Exhibit A, Revision 2 will allow the City of Lodi to continue participation and to receive the new contract rate of delivery of electric service from Western. FUNDING: None required _A_11�daL Alan N. Vallow Electric Utility Director PREPARED BY: James Doyle, Manager Rates and Resources ANV/JD/Ist C: City Attorney APPROVED' H. Dixon Flynn -- City Manager Exhibit A, Revision 2 City of Lodi Contract No. 92 -SAO -20056 EXHIBIT A (Contract Rate of Delivery) 1. This Exhibit A, Revision 2, to be effective under and as a part of Contract. No. 92 - SAO -20056 (Contract) shall become effective July 1, 1999; shall supersede the current Exhibit A executed March 1, 1996; and shall remain in effect until superseded by another Exhibit A or upon termination of the Contract. 2. On July 1, 1999, the Contract Rate of Delivery shall be 13.236 megawatts (MW), of which 5.173 MW is Long -Term Firm Power, and 8.063 MW is Westlands Withdrawable Power. WESTERN AREA POWER ADMINISTRATION By: Title: Address: 114 Parkshore Drive Folsom, CA 95630 Date: CITY OF LODI By: H. DIXON FLYNN, CTTY MANAGER Title: CITY MANAGER Attest: Address: PO sax 3006 By; ALICE M. REIMCHE LODI CA 95241 Title: CITY CLERK Date: APPROVED AS TO FORM: By: Title: RANDALL A. HAYS ,CITY ATTORNEY 7 1 Amendment No. 1 to Contract No. 92 -SAO -20056 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AlMENDMENT NO. 1 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF LODI 0 Amendment No. 1 to Contract No. 92 -SAO -20056 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA AMENDMENT NO. 1 TO THE CONTRACT FOR ELECTRIC SERVICE WITH THE CITY OF LOD! Sectio Table of Contents Page 1. PREAMBLE.....................................................I ?. RECITALS......................................................1 3. AGREEMENT....................................................1 4. TERM OF AMENDMENT .......................................... 2 5. MODIFICATION TO SECTION 15 OF THE PRIMARY CONTRACT ......................................... 2 6. PRIMARY CONTRACT TO REMAIN IN EFFECT ...................... 2 RESOLUTION GENERAL POWER CONTRACT PROVISIONS [August 15, 1995] 8 1 Amendment No. 1 to Contract No. 92 -SAO -20056 2 3 UNITED STATES DEPARTMENT OF ENERGY 4 WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT, CALIFORNIA 5I AMENDMENT NO. 1 TO THE 61 CONTRACT FOR ELECTRIC SERVICE WITH 7 THE CITY OF LODI 8; 9 10 1. PREAMBLE: This Amendment to Contract No. 92 -SAO -20056 (Primary fh 11 Contract) is made this �� day of n/ , 19-1 between the UNITED STATES OF 12 AMERICA, Western Area Power Administration (Western) and the CITY OF LODI (Lodi), also D hereinafter referred to individually as Party and together as Parties, pursuant to the same 14 authorities as the Primary Contract. 15 16' 2. RECITALS: 17 2.1 Western and Lodi entered into the Primary Contract on October 13, 1992. At that 18 time, the January 3, 1989 General Power Contract Provisions (GPCP) were effective. 19' 20 2.2 Western has revised its GPCP effective August 15, 1995, and wishes to substitute 21 these GPCP for the January 3, 1989 GPCP in its Primary Contract with Lodi. T) 23 . 2.3 Lodi also wishes to substitute the revised GPCP for the January 3, 1989 GPCP. 24 25: 3. AGREEMENT: 26 The Parties agree to the terms and conditions set forth herein. 27. 28 Amendment No. 1 to Contract No. 92 -SAO -20056 1 2 3' 4 51 I 6, 7' 8 9 10' 12 13j 14� 15� 16 17. 181 19I 20 21` 22 2^ 24 25 it I. 26 27� 2811 4. TERM OF AMENDMENT: This Amendment shall become effective upon execution, but no earlier than March 1, 1996, and shall remain in effect concurrently with the Primary Contract. 5. MOD91CATION TO SECTI Section 15 of the Primary Contract is hereby deleted, and the following substituted therefor: 15. GENERAL POWER CONTRACT PROVISIONS: The General Power Contract Provisions, effective August 15, 1995, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein." 6. PRIMARY CONTRACT TO REMAIN IN EFFECT: Except as expressly modified by this Amendment, said Primary Contract shall remain in full force and effect; and this Amendment shall be subject to all provisions of the Primary Contract, except as herein amended. Amendment No. 1 to Contract No. 92 -SAO -20056 2 IN WITNESS WHEREOF, the Parties have caused this Amendment to he executed the day year first above written. Approved as to Form: Ran ll A. Hays City Attorney WESTERN AREA POWER ADMINISTRATION By:� d Title: Regional Manager Address: 114 Parkshore Drive Folsom, California 95630 CITY OF LODI By: _ Alan N. Vallow Title: Electric Utility Director 1331 South Ham Lane Lodi, California 95242 ATTEST: o, ^ Je fer H Perrin City Clerk Amendment No. I to Contract No. 92 -SAO -20056 h:\uscr\admin\contract\92SA020056 3 RESOLUTION NO. 96-1 1 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING EXECUTION OF THE WESTERN AREA POWER ADMINISTRATION AMENDMENT NO. 1 TO WESTERN CONTRACT NO. 92 -SAO -20056 BE IT RESOLVED that the Western Area Power Administration Amendment No. 1 to Western Contract No. 92 -SAO -20056 is approved, and the Electric Utility Director or other designee are authorized and directed on behalf of the Lodi City Council, to execute and deliver such agreement on behalf of the City of Lodi. Dated: February 7, 1996 I hereby certify that Resolution No. 96-11 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 7, 1996, by the followin'R vote: AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock and Warner (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: CODICIL MEMBERS -None ABSTAN: COUNCIL MEMBERS - None � 1 1. PERRLA City Clerk The For?c:ojng -)OCu rent is Cartified •, _ 10 e A (for' -Ct Cn FileJ r��1 CI n0 CTiC�inal In 1 rjJ J, C ueliine L. Taylor Gt! C' y ", k, C�J'Qf Lo I 1 U4` f- RESOLUTION NO. 99-92 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING EXECUTION OF THE WESTERN AREA POWER ADMINISTRATION REVISION 2 TO WESTERN CONRACT NO. 92 -SAO -20056 BE IT RESOLVED, by the City Council of the City of Lodi that Exhibit A, Revision 2 to the United States of America Department of Energy Western Area Power Administration Contract No. 92 -SAO -20056 is approved, and the Electric Utility Director or other designee are authorized and directed on behalf of the Lodi City Council, to execute and deliver such agreement on behalf of the City of Lodi. Dated: June 22, 1999 I hereby certify that Resolution No. 99-92 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 22, 1999, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Nakanishi, Pennino and Land (Mayor) NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mann ABSTAIN: COUNCIL MEMBERS — None &,�) I. 4 ALICE M. REIMCHE City Clerk 99-92