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HomeMy WebLinkAboutResolution 2015-067 Approving Amendment to US Dept of EngeryMARANA RESOLUTION NO. 2015 -067 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE AMENDMENT No. 1 TO RESOURCE AGGREGATION CONTRACT NO. I I DSR 12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION, TOWN OF MARANA, ARIZONA, UTILITIES DEPARTMENT, AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. WHEREAS the United States Department of Energy western Area Power Administration allocated 1000 kW of electrical power (hydropower) from the Parker -Davis Project Electric Ser- vice to the Town of Marana Utilities Department; and WHEREAS the Town of Marana, the United States Department of Energy western Area Power Administration, and Arizona Electric Power Cooperative, Inc. entered into Resource Ag- gregation Contract No. I I DSR. 12215 dated March 3, 2011, allowing the Utilities Department to lay off its unused hydropower to Arizona Electric Power Cooperative, Inc., and be reimbul ,-sed for all cost to Marana, saving the Utilities Department approximately $20,000 per year; and WHEREAS the current tern of the Resource Aggregation Contract ends on Septem- ber 30, 2015, and the parties desire to extend it; and WHEREAS the Mayor and Council of the Town of Marana find that extension of the Re- source Aggregation Contract is in the best interests of the Town of Marana and the public. Now, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Amendment No. I to Resource Aggregation Contract No. I I DSR 12215 is hereby approved, and the Utilities Director of the Town of Marana is hereby authorized to execute it in substantially the form attached as Exhibit A to and incorporated by this reference in this resolution, for and on behalf of the Town of Marana, extending the term of the Resource Aggregation Contract to September 30, 2019. IT IS FURTIJER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the contract as so amended. Marana Resolution 2015 -067 PASSED and ADOPTED by the Mayer and Council of the Town of Marana, Arizona, this 30th day of June, 2015. F Mayor Ed one ATTEST: ocelyn .Bronson, Town Clerk l N Lpt , � �� ." Town Attqff�A 7 7 Marana Resolution 2015 -067 AMENDMENT NO. 1 TO CONTRACT NO. 11 -DSR -12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Regional Office Parker -Davis Project Salt Lake City Area Integrated Projects AND TOWN OF MARANA, ARIZONA UTILITIES DEPARTMENT AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. FOR RESOURCE AGGREGATION Table of Contents Section Title 1 Preamble ....................................................... ............................... 2 Explanatory Recitals ..................................... ............................... 3 Agreement ..................................................... ............................... 4 Modification of Section 5 of the Original Contract ..................... (Effective Date and Term) 5 Term of Amendment ..................................... ............................... 6 Original Contract to Remain in Effect .......... ............................... 7 Execution in Counterpart .............................. ............................... 8 Authority to Execute ..................................... ............................... SignatureClause ................................................................... ............................... Page No. 1 2 2 2 3 3 3 3 4 AMENDMENT NO. 1 TO CONTRACT NO. 11 -DSR -12215 AMONG UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Regional Office Parker -Davis Project Salt Lake City Area Integrated Projects AND TOWN OF MARANA, ARIZONA UTILITIES DEPARTMENT AND ARIZONA ELECTRIC POWER COOPERATIVE, INC. FOR RESOURCE AGGREGATION 1. PREAMBLE: This Amendment No. 1 (Amendment) is made this day of 2015, as part of Contract No. 11 -DSR -12215 (Original Contract), among Western Area Power Administration (Western), the Town of Marana, Arizona Utilities Department (Marana), and the Arizona Electric Power Cooperative, Inc. (AEPCO), pursuant to the same authorities as the Original Contract and subject to all of the provisions of the Original Contract, except as amended herein. Western, Marana, and AEPCO may individually be referred to as Party and collectively as Parties; except that Marana and AEPCO may be referred to individually as Contractor and collectively as Contractors. 1 2. EXPLANATORY RECITALS 5. We 2.1 The Contractors have entered into contracts with Western for firm electric service from the P -DP and /or SLCA /IP. 2.2 The Parties entered into Original Contract in order to include certain of the Contractors' electrical loads and generation resources for power scheduling; and %OPM% have AEPCO, as Marana's Administrative Agent, manage and act on behalf of 00 "' I* te amend GINAL CONTRACT TO REMAIN IN EFFECT Except as expressly modified by this Amendment, the Original Contract shall remain in force and effect, and this Amendment shall be subj ect to all terms of the Original Contract. 7. EXECUTION IN COUNTERPART This Amendment may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and 2 delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Amendment may be detached by any counterpart of this Amendment without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of 0 binds and obligates the Party. 6V 3 The Parties named below have caused this Amendment No. I to Contract No. I I -DSR- 12215 to be executed in accordance with Section I herein. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION B TOWN OF MARANA, ARIZONA UTILITIES DEPARMENT ATTEST: Title *e John Kmiec Title Utilities Director Agof Address 5 1 00 West Ina Road Marana, AZ 85743 0 The Party named below has caused this Contract No. 11 -D SR -12215 to be executed the date first written above. ARIZONA ELECTRIC POWER COOPERATIVE, INC. Do ATTEST: Title 6 V 5