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HomeMy WebLinkAboutresolution.council.077-99 RESOLUTION # (Series of 1999) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE MUNICIPAL ENERGY AGENCY OF NEBRASKA (MEAN), SETTING FORTH THE TERMS AND CONDITIONS REGARDING PURCHASING AGENT FUNCTIONS TO BE PERFORMED BY MEAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and the MEAN, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and the MEAN, regarding Purchasing Agent Functions, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: achel E. R'~hards, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopte,d by the City Council of the city of Aspen, Colorado, at a meeting held ~~.~..~, 1999. Koch, City Clerk r January 7, 1999 Agreement for Purchasing Agent Services between Municipal Energy Agency of Nebraska and city of Aspen Colorado This Agreement for Western Area Power Administration (hereinafter called Western), purchasing Agent Services is made and entered into this I?, day Of~ ' 1999, by and between the Mu icipal Energy Agency of Nebraska (hereinafter called MEAN), a political subdivision of the State of Nebraska and the city of Aspen (hereinafter called the City), a political subdivision of the State of Colorado. o RECITALS WHEREAS, both MEAN and the City have the authority to contract for the purchase, exchange, and transmission of electric power and energy; and WHEREAS, the City has executed Contract No. 87-SLC-0048 hereinafter called the Western contract), with Western, a federal marketing agency, for the purchase of post-1989 firm electric service from Western's Salt Lake City Integrated Projects; and ' WHEREAS, the City desires to designate MEAN as its Purchasing Agent for the city's Salt Lake City Integrated projects power allocation; and ~. WHEREAS, the City has executed with MEAN the Electrical Resources Pooling Agreement as a Schedule M participant; and WHEREAS, in order to facilitate the most effective utilization of all monthly capacity, monthly energy, Available Hydro Power (ARP), r\ Western Replacement Power (WRP) and Customer Displacement Power (COP) through coordinated scheduling of contract services and to facilitate coordination of contract matters for all MEAN Participants, the Parties desire to execute an agreement which will benefit both parties; and WHEREAS, MEAN, under this Agreement, will act as agent for the City, and has no beneficial interest in the city's Salt Lake city Integrated Projects power allocation or transmission service arrangements; and NOW, THEREFORE, in consideration of the promises and agreements contained herein, the Parties do mutually agree as follows: 1. Term /""'0. 1.1 This Agreement shall become effective upon its execution and shall continue in full force and effect the entire duration that the City is entitled to receive power and energy pursuant to the provisions of Contract No.87-SLC-0048, dated May 23, 1995 between Western and the city including any extensions of said Contract, or until terminated by either Party. Either Party may terminate this Agreement by giving written notice of its intent to do so at least ninety (90) days prior to the first day of any summer or winter service season (April 1 or October 1), to the other Party. Such termination shall be effective on the first day of the summer or winter season immediately following the ninety (90) day notice period. The terminating party shall also concurrently provide the same ninety (90) days prior written notice of said termination to Western, in order to facilitate the reinstatement of contractual arrangements placed in suspense pursuant to paragraph 3.2. 1.2 Termination of this Agreement by either Party shall not relieve either Party of any obligations to the other Party under the Electrical Resources pooling Agreement or any Service Schedules thereunder. /""'0 r'\ 2. Designation of Purchasing Agent 2.1 In order to facilitate the most effective utilization of all monthly capacity, monthly energy, Available Hydro Power (AHP), Western Replacement Power (WRP) and Customer Displacement Power (COP) through coordinated scheduling of contract services and to facilitate coordination of contract matters, the city hereby designates MEAN as Purchasing Agent for the City in these matters pursuant to the authority granted to the City in the Post-1989 General Power Marketing and Allocation criteria; City's allocation of Salt Lake city Integrated Projects capacity and energy, subject to approval by Western. 3. Services to be Provided o 3.1 MEAN agrees to be Purchasing Agent for the city with respect to providing services to the city with regard to firm electric service and scheduling and transmission of all monthly capacity, monthly energy, Available Hydro Power (AHP), Western Replacement Power (WRP) and Customer Displacement Power (COP) which city is entitled to receive pursuant to the provisions of Contract No.87-SLC-0048, dated May 23,1995 between Western and the city, including any amendments and extensions of said Contract. o 3.2 The City shall advise Western, in writing, that MEAN is designated by the city, pursuant to this Agreement, as the Purchasing Agent for the city's allocation of Salt Lake city Integrated Projects capacity and energy and transmission service arrangements, that contractual arrangements be entered into on behalf of the city with MEAN for firm electric and transmission service, that such contractual arrangements between Western and the city be placed in suspense while this Agreement is in effect, and that the city requests that all communications pertaining to the city's Salt Lake City Integrated Projects power allocation or transmission service arrangements shall be directed to MEAN. 3.3 MEAN will use its best efforts to ensure that low-cost Salt Lake city Integrated Projects power is scheduled to comply with all contractual requirements currently required under the City's contracts with Western, and r will use its best efforts to schedule low-cost Salt Lake city Integrated Projects AHP power to the maximum advantage of the City and will schedule the remainder of the city's power needs from MEAN resources, which may include WRP. 3.4 MEAN will make available to the City all information pertaining to the city's Salt Lake City Integrated Projects power allocation or transmission service arrangements, including scheduling and contract matters and rates. o 4. Billing and Payment 4.1 MEAN shall bill the city and the city shall pay all costs associated with the City's Salt Lake City Integrated Projects AHP allocation as billed to MEAN by Western. MEAN shall bill the city and the City shall pay all costs associated with the transmission of the City's Salt Lake City Integrated Projects AHP allocation over the transmission system of an intervening agency or agencies, unless otherwise covered under other arrangements upon mutual agreement of MEAN and the city. MEAN shall not bill the City for scheduling services provided by MEAN under this Agreement. 4.2 All bills for purchasing agent services provided pursuant to this Agreement shall be rendered monthly. Unless otherwise agreed upon by the Parties, such periods shall be from 12:01 a.m. of the first day of (one) any calendar month to 12:01 a.m. of the first day of the succeeding calendar month. 4.3 Bills shall be due and payable within thirty (30) days from the date such bills are postmarked, and payment shall be made when due and without deduction. Interest on any unpaid amount, from the date due until the date upon which payment is made, shall accrue at the rate of one percent per month. (\ 4.4 If applicable, billing under the Agreement involving transmission capacity charges, including any ratcheted amounts, shall be based upon the amount of such capacity reserved on the system of an intervening agency or agencies for delivery at a point or points where the City's system r--\ connects with the system of such intervening transmission agency or agencies. 5 . Records 5.1 Upon request, MEAN and the city shall provide at all reasonable times to the other party access to all operating and financial records and reports relating to the determining of the charges for payment pursuant to the provisions of section 4, Billing and Payment, above. 6. Uncontrollable Forces /""'0 6.1 Neither Party shall be considered to be in default in respect to any obligation thereunder if prevented from fulfilling such obligation by reason of uncontrollable forces. The term "uncontrollable forces" shall be deemed for the purposes hereof to mean storm, flood, lightning, earthquake, fire, explosion, failure of facilities not due to lack of proper care or maintenance, civil disturbance, labor disturbance, sabotage, war, national emergency, restraint by court of public authority, or other causes beyond the control of the Party affected, which such Party could not reasonably have been expected to avoid by exercise of due diligence and foresight and by provision of reserve facilities in accordance with good practice. Either Party unable to fulfill any obligation by reason of uncontrollable forces will exercise due diligence to remove such disability with reasonable dispatch. 7. General 7.1 Neither Party shall have the right to assign this Agreement or rights hereunder, except by the express written consent of the other Party and the approval of Western. 7.2 The laws of the State of Nebraska shall govern this Agreement. 7.3 The validity of any provision of this Agreement will not affect the validity or enforcement of any other provision of this Agreement. r ,~ 7.4 No modifications or amendments to this Agreement and no waiver of any provision shall be valid unless in writing and signed by duly authorized representatives of the parties, with prior approval by Western. 7.5 The execution of this Agreement shall not impair, amend or change any previous contracts or agreements between MEAN and the city and such contracts and agreements shall continue, including all rates, terms, obligations, and conditions until the expiration of such contracts and agreements. IN WITNESS WHEREOF, MEAN and city have caused this Agreement to be duly executed by their authorized agents or representatives. Date ATTEST: By Title o ATTEST: MUNICIPAL ENERGY AGENCY OF NEBRASKA BY~~~ Title ecu iv Director Date /- 7- t:? r S:\KEVIN\WAPASLC\SLCAPUR.as