HomeMy WebLinkAboutAgenda Report - May 17, 2000 E-12AGENDA TITLE: Exhibit C, Revision 3, Individual Customer Commitment and Contribution, to Contract
96 -SNR -00110, Agreement for the Funding of Operation and Maintenance for Central Valley
Project Facilities and Amendment 2 to the Agreement ($115,668.77)
MEETING DATE: May 17, 2000
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute Exhibit C,
Revision 3, Individual Customer Commitment and Contribution, to Contract
96 -SNR -00110, Agreement for the Funding of Operation and Maintenance for
Central Valley Project Facilities and Amendment 2 to the Agreement
with Western Area Power Administration ($115,668.77)
BACKGROUND INFORMATION: Customers such as the City of Lodi participate in a program to assure a
predictable flow of funds for operation and maintenance of Central Valley
Project (CVP) power facilities. Funds advanced are subsequently credited
against CVP power bills with little or no net impact on the City's Bulk
Purchase Power costs.
FUNDING: Not applicable
Alan N. Vallow
Electric Utility Director
PREPARED BY: John Stone, Manager, Business Planning and Marketing
AN V/JS/tl
C: City Attorney
APPROVED:
H. Dixon Flynn - City Manager
Mr. Alan N. Vallow
Electric Utility Director
City of Lodi
1331 South Ham Lane
Lodi, CA 95242
Dear Mr. Vallow:
Department of Energy
Western Area Power Administration
Sierra Nevada Customer Service Region
114 Parkshore Drive
Folsom, California 95630-4710
jD)E�� it0WE
�j
UTILITY DEPARTMENT
Enclosed for your signature are three copies of Exhibit C, Revision 3, Individual Customer
Commitment and Contribution, to Contract 96 -SNR -00110, Agreement for the Funding of Operation
and Maintenance for Central Valley Project Power Facilities and Amendment 2 to the Agreement.
Amendment 2 modifies Section 13 of the Agreement to allow the Governance Board to approve
assignment or transfer of interest in the Agreement to another party.
Exhibit C, Revision 3, establishes your 1/12 contribution commitment for fiscal years (FY) 2003 and
2004 as defined in Section 5.4 of the Agreement. It also establishes your fair -share funding level for
FY 2003. To insure adequate funding for the FY 2003 Plan, we recommend that you commit to the
suggested amount shown in the enclosed example of Exhibit C. The suggested amount of your fair -
share contribution is based on your Contract Rate of Delivery as of January 3, 2000. We have also
enclosed a spreadsheet that shows dollar estimates for customers participating in the funding.
To establish your 1/12 contribution commitment and your fair -share commitment for FY 2003, and
approve Amendment 2, please do the following:
• Enter the dollar amount of the contribution you agree to make for FY 2003 in column 5 of
all three copies of Exhibit C.
• Sign and date all three signature pages of the exhibit revision.
• Sign all three original signature pages of Amendment 2.
• Return all originals to Peggy Muir, N6205, at this office by July 14, 2000.
If you have any questions, please contact Vicki Page at (916) 353-4561.
Sincerely,
ae `rr y . Toenyes
Regional Manager
4 Enclosures
Exhibit C, Revision 3 (3)
Amendment 2 (3)
Example Exhibit C
Spreadsheet
Contract No. 96 -SNR -00 110
Amendment No. 2
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.2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
Contract No. 96 -SNR -00110
Amendment No. 2
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. 2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
Table of Contents
Section Pase
1. PREAMBLE.....................................................................................................................1
2. RECITALS ............................................ .....1
3. AGREEMENT.........................................................................................................
4. TERM OF AMENDMENT...............................................................................................2
5. MODIFICATION TO SECTION 13 OF THE PRIMARY AGREEMENT.....................2
6. PRIMARY AGREEMENT TO REMAIN IN EFFECT...................................................2
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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.2 TO THE
AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR
CENTRAL VALLEY PROJECT POWER FACILITIES
1. PREAMBLE: This Amendment to Contract No. 96 -SNR -00110 (Primary
Agreement) is made the day of , 2000 between the UNITED
STATES OF AMERICA (United States), acting by and through the Administrator,
Western Area Power Administration (Western), Department of Energy, represented by
the Regional Manager, Siena Nevada Customer Service Region (SNR), the officer
executing this Agreement, or a duty appointed successor, and (ii) acting by and through
the Commissioner, Bureau of Reclamation (Reclamation), Department of the Interior,
represented by the Regional Director, Mid -Pacific Region; and the Central Valley Project
(CVP) preference power customers set forth in Exhibit A of the Primary Agreement.
2. RECITALS:
2.1 Western, Reclamation, and the CVP preference power customers entered into the
Primary Agreement on November 12, 1997.
COn I racl No IM, -SN k AN)I 10
Amcadment 2
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2.2 The Parties have determined that Section 13 of the Primary Agreement is
administratively burdensome and desires to modify it.
3. AGREEMENT: The Parties agree to the terms and conditions set forth herein.
4. TERM OF AMENDMENT: This Amendment shall become effective upon execution
and shall remain in effect concurrently with the Primary Agreement.
5. DEFINITION OF TERMS: Section 13 of the Primary Agreement is hereby deleted,
and the following substituted therefor:
"13. SUCCESSORS AND ASSIGNS: This Agreement shall inure to the
benefit of and be binding upon the Parties hereto and their respective successors.
No Party shall assign its interest in this Agreement, in whole or in part, without
the prior written consent of the Governance Board. In no event, shall any Party
assign this Agreement to any Party that is not financially responsible or which
cannot perform its obligations pursuant to this Agreement, nor shall any Party
assign this Agreement on any terms at variance from those set forth in this
Agreement. No permitted assignment or transfer shall change the duties of the
Parties, or impair the chances of obtaining performance under this Agreement,
except to the extent set forth in such permitted assignment and approved in
writing by the Governance Board."
6. PRIMARY AGREEMENT TO REMAIN IN EFFECT: Except as expressly
modified by this Amendment, said Primary Agreement shall remain in full force and effect; and
('untrau Nu 94-SNR-(Mj I 10
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this Amendment shall be subject to all provisions of the Primary Agreement, except as herein
amended.
IN WETNESS 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.
("nar;ict No 96-SNRO)I III
AmrnJmcilt 2
WESTERN AREA POWER ADMINISTRATION
By:
Title: Regional Manager
Address: 114 Parkshore Drive
Folsom, CA 95630-4710
BUREAU OF RECLAMATION
By:
Title: Regional Director
Address: Mid -Pacific Region
2800 Cottage Waw
Sacramento, CA 95825
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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:
Attest: Title: CITY MANAGER
By: Address: PO BOX 3006
Title: CITY CLERK LODI CA 95241
APPROVED AS TO FORM:
ALL A. HAYS, TY ATTORNEY
Contract No. 96 -SNR -00110 4
Amendment2
Exhibit C, Revision 3
City of Lodi
Contract No. 96 -SNR -00110
Exhibit C
(Individual Customer Commitment and Contribution)
1. This Exhibit C, Revision 3, to be effective under and as a part of Contract No. 96 -SNR -
00110 (hereinafter called the Agreement) shall become effective upon execution, and shall remain
in effect until either superseded by a revised Exhibit C or upon termination of the Agreement.
2. The City of Lodi agrees to make a Contribution pursuant to Section 8 of the Agreement for
the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution
commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is
indicated in Column 2 of the table shown in Section 3 below.
I Please specify the Contribution commitment level(s) in the appropriate row(s) for the
applicable FY(s).
Column I
Column'-
Column 3
Column 4
Column 5
FY
Section 5.4
Qualifying Amount
in Dollars
Revision No. 1
Contribution
Commitment Level
Amount in Dollars
Revision No. 2
Contribution
Commitment Level
Amount in Dollars
Revision No. 3
Contribution
Commitment Level
Amount in Dollars
2001
9,903.56
9,903.56
9,903.56
9,903.56
2002
9,903.56
9,903.56
20,000.00
20,000.00
2003
28,530.62
NIA
NIA
115,668.77
2004
29,758.93
N/A
N/A
Qualifying Amounts and Contributions Commitment amounts, if any, are not shown for
fiscal years prior to fiscal year 2001 in the above table. For that information refer to an earlier
revision of Exhibit C.
The signature below commits the Customer named to make Contributions, for the specified
Fiscal Year(s), up to but not greater than the level indicated in the latest revision of the
Contribution commitment level for a specific FY.
City of Lodi
Date of Execution: By:
ATTEST:
INTERIM CITY CLERK
APPROVED AS TO FORM:
Title: CITY MANAGER
Address: PO BOX 3006
LODI CA 9
Draft FY2003
Fair Share
2002
Assumes all deposits &
withdrawals occur In one month.
In fact. the deposits &
withdrawals will be made in
accordance with Reclamation's
Withdrawal Schedule.
04/2612000 1013 FY2W31airShare.xIs B&C
Fair Share Funding
Level (Sec 8.2.4.1)
%
Minimum 1/12
Share
Aug 2002
Deposits:
Alameda, City of
184,785.14
1.93%
45,578.72
184,785.14
Biggs, City of
11,360.64
0.12%
2,802.19
11,360.64
Gridley, City of
36,703.60
0.38%
9,053.23
36,703.60
Healdsburg, City of
28,322.94
0.30%
6,986.08
28,322.94
Lassen Municipal Utility District
205,365.37
2.14%
50,655.00
205,365.37
Lodi, City of
115,668.77
1.21%
28,530.62
115,668.77
Lompoc, City of
45,416.33
0.47%
11,202.30
45,416.33
Palo Alto, City of
1,496,108.56
15.59%
369,027.05
1,496,106.56
Plumas-Sierra Rural Electric Co-op
156,427.24
1.63%
38,584.02
156,427.24
Redding, City of
795,244.62
8.29%
196,153.40
795,244.62
Roseville, City of
602,987.68
6.29%
148,731.70
602,987.68
Sacramento Municipal Utility District
3,154,761.62
32.88%
778,146.99
3,154,761.62
Silicon Valley Power
1,193,146.58
12.44%
294,299.07
1,193,146.58
Shasta Lake, City of
100,061.00
1.04%
24,680.84
100,061.00
Turlock Irrigation District
34,440.21
0.36%
8,494.95
34,440.21
Ukiah, City of
76,666.82
0.80%
18,910.48
76,666.82
Ames Research Center
699,116.15
7.29%
172,442.55
699,116.15
Molten Federal Field
43,773.41
0.46%
10,797.06
43,773.41
California State Univ., Sacramento
873.90
0.01%
215.55
873.90
Bay Area Rapid Transit District
34,955.81
0.36%
8,622.13
34,955.81
Arvin -Edison Water Storage District
262,168.56
2.73°/
64,665.96
262,168.56
Banla-Carbona Irrigation District
32,334.12
0.34%
7,975.47
32,334.12
Byron -Bethany Irrigalion District
19,225.69
0.20%
4,742,17
19,225.69
Eastside Power Authority
38,870.86
0.41%
6,382.53
38,870.86
San Juan Water District
8,738.95
0.09%
2,155.53
8,738.95
Santa Clara Valley Water District
8,625.35
0.09°/b
2,127.51
8,625.35
Sonoma County Water Agency
52,433.71
0.55%
12,933.19
52,433.71
Trinity County Public Utilities District
155 116.40
1.62%
38 260.69
155 116.40
Total Deposits
9.593.700,00
100.00%1
1 2.363,156.98 9,593.700.00
2002
Assumes all deposits &
withdrawals occur In one month.
In fact. the deposits &
withdrawals will be made in
accordance with Reclamation's
Withdrawal Schedule.
04/2612000 1013 FY2W31airShare.xIs B&C
Draft FY2003
Fair Share
Projected Withdrawals:
Reclamation
3,200,500.00
Western
0.00
Total Projected Withdrawal
3,200,500.00
Aug 2002 Sep 2002
%
Credits:
Alameda, City of
61,645.12
1.93%
61,645.12
Biggs, City of
3,789.96
0.12%
3,789.96
Gridley, City of
12,244.48
0.36%
12,244.48
Healdsburg, City of
9.448.66
0.30%
9,448.66
Lassen Municipal Utility District
68,510.78
2.14%
68,510.78
Lodi, City of
38,587.60
1.21%
38,587.60
Lompoc, City of
15,151.09
0.47%
15,151.09
Palo Allo, City of
499,108.31
15.59%
499,108.31
Plumas-Sierra Rural Electric Co-op
52,184.81
1.63%
52,184.81
Redding, City of
265,297.06
8.29%
265,297.06
Roseville, City of
201,159.31
6.29%
201,159.31
Sacramento Municipal Utility District
1,052,442.18
32.88%
1,052,442.18
Santa Clara, City of
398,036.88
12.44%
398,038.88
Shasta Lake, City of
33,380.78
1.04%
33,380.78
Turlock Irrigation District
11,489.40
0.36%
11,489.40
Ukiah, City of
25,576.39
0.80%
25,576.39
Ames Research Center
233,228.18
7.29%
233,228.18
Morten Federal Field
14,603.00
0.46%
14,603.00
California State Univ., Sacramento
291.54
0.01%
291.54
Bay Area Rapid Transit District
11,661.41
0.36%
11,661.41
Arvin -Edison Water Storage District
87,460.57
2.73%
87,460.57
Banta-Carbona Irrigation District
10,786.80
0.34%
10,786.80
Byron -Bethany Irrigation District
6,413.78
0.20%
6,413.78
Eastside Power Authority
12,967.49
0.4If.%
12,967.49
San Juan Water District
2,915.35
0.09%
2,915.35
Santa Clara Valley Waler District
2,877.45
0.09%
2,677.45
Sonoma County Water Agency
17,492.11
0.55%
17,492.11
Trinity County Public Utilities District
51 747.50
1.62%
51,747.50
Tolal Credits
3,200,500.00
100.00%
3,200,500.00
Assumes all deposits &
withdrawals occur in one month.
In fact, the deposits &
withdrawals will be made in
accordance with Reclamation's
Withdrawal Schedule,
04126r2000 2013 FY20031airShare.xls BSC
Draft FY2003
Fair Share
Working Funds: /1
Reclamation
Projected Monthly Withdrawal
3,200,500.00
25% Reserve
800,125.00
Subtotal Reclamation
4,000,625.00
Western
Projected Monthly Withdrawal
0.00
25% Reserve
0.00
Subtotal Western
0.00
Monthly Working Fund Balance
4,000,625.00
Governanc! Funds:/2
Fees /3
16,000.00
Reclamation
Exigency Fund
5,097,000.00
Reclamation
Non Emerg 15%
480,075.00
Western
0.00
Total Governance Funds
5,593,075.00
Total Funding Plan
9,593,700.00
Reclamation's Request - FY 2003 $3,200,500 800,125
/1 Working Funds include both the 25% reserve for Reclamation's cash
flow ($800,125) and the projected monthly withdrawal (annual total
$3,200,500).
/2 Governance Funds include both SMUD's and the bank's estimated
fees. The funds in this sub -account may only be made available to the
agencies upon Governance Board approval on a case-by-case basis.
/3 As provided in the Escrow Agreement, amounts deposited in the
Escrow Account for fees will be recorded and reported in the
Administrative Sub -Account. Once the account balance is large enough
to become self supporting (interest exceeds fees) a separate collection
will not be required for these amounts. Fees are based on estimates
only. It is assumed that these fees would be deducted by the Bank
before 6/30 in each Billing/Crediting cycle.
Important Dates:
Bill Date: 0 811 5/2 00 2
Due Date: 09/15/2002
Withdrawal Date: 09125/2002
Credit Applied to Power Bill for the month of withdrawal.
Timing of deposits and withdrawals into Escrow Account is critical to
Western's ability to credit contributors.
Credits will not be applied to the reserve balance, unless it is withdrawn
from the Escrow Account. (Section 8.3.2)
04/2612000 3013 FY2003fairShare.xls BBC
RESOLUTION NO. 2000-79
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING EXHIBIT C,
REVISION 3, INDIVIDUAL CUSTOMER COMMITMENT AND
CONTRIBUTION, TO CONTRACT NO. 96 -SNR -00110 WITH WESTERN
AREA POWER ADMINISTRATION AND BUREAU OF RECLAMATION FOR
THE FUNDING OF OPERATION AND MAINTEANANCE FOR THE
CENTRAL VALLEY PROJECT FACILITIES AND AMENDMENT 2 TO THE
AGREEMENT, AND 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 Exhibit
C, Revision 3, Individual Customer Commitment and Contribution, to Contract No. 96 -SNR -
00110 with Western Area Power Administration and Bureau of Reclamation for the Funding of
Operation and Maintenance for the Central Valley Project Facilities and Amendment 2 to the
Agreement; 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: May 17, 2000
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I hereby certify that Resolution No. 2000-79 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 17, 2000, by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Land, Pennino and Mann (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Nakanishi
ABSTAIN: COUNCIL MEMBERS - None
NE LJ
e Clerk
2000-79