HomeMy WebLinkAboutResolution 2019-094 Approving WAPA Resource Aggregation Water Agreement Second AmendmentMARANA RESOLUTION NO. 2019-094
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE WATER
DIRECTOR TO SIGN AMENDMENT NO.2 TO RESOURCE AGGREGATION
CONTRACT NO. 11 DSR 12215 AMONG UNITED STATES DEPARTMENT OF
ENERGY WESTERN AREA POWER ADMINISTRATION, TOWN OF MARANA,
ARIZONA WATER DEPARTMENT, AND ARIZONA ELECTRIC POWER
COOPERATIVE, INC.
WHEREAS the United States Department of Energy Western Area Power Ad-
ministration allocated 1000 kW of electrical power (hydropower) from the Parker -Davis
Project Electric Service to the Town of Marana Utilities Department (now named the
Water Department by Marana Ordinance No. 2015.015); and
WHEREAS the Town of Marana, the United States Department of Energy West-
ern Area Power Administration, and Arizona Electric Power Cooperative, Inc. entered
into Resource Aggregation Contract No. 11 DSR 12215 dated March 3, 2011, allowing
the Water Department to lay off its unused hydropower to Arizona Electric Power Co-
operative, Inc., and be reimbursed for all cost to Marana, saving the Water Department
approximately $20,000 per year; and
WHEREAS the current term of the Resource Aggregation Contract, as previously
amended by Marana Resolution No. 2015-067, ends on September 30, 2019, and the par-
ties desire to extend it; and
WHEREAS the Mayor and Council of the Town of Marana find that further ex-
tension of the Resource Aggregation Contract is in the best interests of the Town of Ma-
rana and the public.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that Amendment No. 2 to Resource Aggregation Contract
No. 11 DSR 12215 is hereby approved, and the Water 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 Mara-
na, extending the term of the Resource Aggregation Contract to September 30, 2028.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby di-
rected 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.
00065477.DOCX /1
Resolution No. 2019-094 - 1 - 9/6/201.9 2:40 PM
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of September, 2019.
Mayor Ed H nea
ATTEST: APPROV AS TO FORM:
Cherry L. wson, Town Clerk Frank Cassi , Town Atto
MARANA AZ
ESTABi_ i SHED 1977
f
00065477.DOCX /1
Resolution No. 2019-094 - 2 - 9/6/2019 2:40 PM
Section
AMENDMENT NO.2 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 WATER DEPARTMENT
AND
ARIZONA ELECTRIC POWER COOPERATIVE, INC.
FOR
RESOURCE AGGREGATION
Table of Contents
Title Page No.
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
..................................................................................................
I
1
2
2
2
2
2
2
4
AMENDMENT NO.2 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 WATER DEPARTMENT
AND
ARIZONA ELECTRIC POWER COOPERATIVE, INC.
1 _t
RESOURCE AGGREGATION
1. PREAMBLE: This Amendment No. 2 (Amendment) is made this day of
2019, as part of Contract No. 11 -DSR -12215 (Original Contract), among Western Area
Power Administration (WAPA), the Town of Marana, Arizona Utilities Department
(Marana) (now renamed the Water Department by Marana Ordinance 2015.015), 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. WAPA, 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.
2. EXPLANATORY RECITALS:
2.1 The Contractors have entered into contracts with WAPA for firm electric service
from the P -DP and/or SLCA/IP.
2.2 The Parties entered into the Original Contract to include the Contractors'
electrical loads and generation resources for power scheduling; and have AEPCO,
as Marana's Administrative Agent, manage and act on behalf of Marana in the
performance of the Original Contract.
2.3 The Parties now desire to extend the term of the Original Contract.
AGREEMENT: The Parties agree to the terms and conditions set forth herein.
4. MODIFICATION OF SECTION 5 OF THE ORIGINAL CONTRACT
(EFFECTIVE DATE AND TERM): Section 5 of the Original Contract is deleted in its
entirety and replaced with the following:
"This Contract, as amended herein, shall become effective upon execution, and
except as otherwise provided for in Section 9, shall remain in effect until
midnight, September 30, 2028."
5. TERM OF AMENDMENT: This Amendment shall become effective upon execution,
and shall remain in effect and terminate concurrently with the Original Contract, as
amended.
6. ORIGINAL 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 subject 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
this Amendment identical in form hereto, by having attached to it one or more signature
pages.
S. AUTHORITY TO EXECUTE: Each individual signing this Amendment certifies that
the Party represented has duly authorized such individual to execute this Amendment that
binds and obligates the Party.
9
The Parties named below have caused this Amendment No. 2 to Contract
No. 11 -DSR -12215 to be executed in accordance with Section 1 herein.
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
By
Jimmy Kendrick
Title Vice President of Power Marketing___
for Desert Southwest Region
Address Desert Southwest Region
P.O. Box 6457
Phoenix AZ 85005-6457
TOWN OF MARANA, ARIZONA
WATER DEPARMENT
By
Scott Schladweiler
ATTEST: Title Acting Water Director
Title
Address 5100 West Ina Road
M
Marana AZ 85743
The Party named below have caused this Amendment No. 2 to Contract
No. 11 -DSR -12215 to be executed in accordance with Section 1 herein.
ARIZONA ELECTRIC POWER COOPERATIVE,
INC.
I:MFA
Patrick F. Ledger
Title Executive Vice President and Chief
Executive Officer
ATTEST Address Arizona Electric Power Cooperative Inc
1000 South Highway 80
Title Benson Arizona 85602-3631
5