HomeMy WebLinkAboutresolution.council.078-99
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RESOLUTION # q-g
(Series of 1999)
A RESOLUTION APPROVING CONTRACT AMENDMENT #5 BETWEEN
THE CITY OF ASPEN, COLORADO, AND THE WESTERN AREA POWER
ADMINISTRATON, (WAPA) SETTING FORTH THE TERMS AND
CONDITIONS REGARDING PURCHASED POWER FROM THE
COLORADO RIVER STORAGE PROJECT 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 W AP A, 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
amendment between the City of Aspen, Colorado, and W AP A regarding the
extension of the contract term and modification of other existing contract
provisions, 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: ~ ~J /qqCj
.,,-......
.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution ~ty
Council of the city of Aspen, Colorado, at a meeting held
1'3 , 1999. .
~ .14v-
Ka yn S. Koch, City Clerk
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AMENDMENT NO. 5
TO
CONTRACT NO. 87-SLC-0048
BETWEEN
CITY OF ASPEN. COLORADO
AND
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
. ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
FOR
,
FIRM ELECTRIC SERVICE
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,.-,
AMENDMENT NO. 5
TO
CONTRACT NO. 87-SLC-0048
BETWEEN
CITY OF ASPEN, COLORADO
AND
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
FOR
FIRM ELECTRIC SERVICE
Table of Contents
Section
Ii.til
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2
3
4
5
Preamble
Expl anatory Recital s ...............................
Agreement ..........................................
Term of Original Contract and Amendment ............
Amendment of Section 5.1 - Western's Energy and
Capacity Obligations.............................
Replacement of Section 13 - General Power
Contract Provi si ons ..............................
Addition of Section 17 to the Original
Contract - Transfer of Interest in Contract ......
8 Original Contract to Remain in Effect ..............
Signature Clause..............................................
Resolution
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Exhibit A
General Power Contract Provisions
Paae No.
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AMENDMENt NO. 5
TO
CONTRACT NO. 87-SLC-0048
BETWEEN
CITY OF ASPEN, COLORADO
AND
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
FOR
FIRM ELECTRIC SERVICE
1. PREAMBLE: This Contract Amendment (Amendment) is made this _ day of
, 1999, between the UNITED STATES OF AMERICA, Western Area
Power Administration (Western), and CITY OF ASPEN, COLORADO (Contractor)
as part of Contract No. 87-SLC-0048 as amended (Original Contract),
pursuant to the same authorities as the Original Contract, and subject to
a 11 of the provi s ions of the Ori gi na 1 Contract except as herei n amended.
2. EXPLANATORY RECITALS:
2.1 Western offered and the Contractor executed the Original Contract,
which provides among other things, for the sale of long-term firm
electric service from the Salt Lake City Integrated Projects
(SLCA/IP) .
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
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. I
2.2 Effective November 20, 1995, Western adopted an Energy Planning and
4
Management Program which consisted of two components. A requirement
5
that all SLCA/I P long-term fi rm power customers prepa re Integrated
6
Resource Plans, and a Power Marketing Initiative (PM]) under which
7
Western might extend a major portion of Federal resource commitments
8
to its existing long-term firm power customers.
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2.3 Western did not consider applying the PMI to the SLCA/IP until after
11
completion of the SLCA/IP Electric Power Marketing environmental
12
impact statement (EIS). The Record of Decision on that EIS was
13
issued on November 1, 1996.
A
2.4 Subsequently, Western proposed application of the PMI to the
16
SLCA/IP. The public was given opportunities to comment on Western's
17
proposal. Public comment was also invited on how Western should
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market power given recent changes in the electric industry and how
19
much power should be set aside for new customers, particularly
20
Native American tribes.
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2.5 On June 25, 1999, in the Federal Register (99 FR 34414), Western
23
announced its decision that the term of its SLCA/IP firm power
24
customers' contractua 1 commitments with Western woul d be extended
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unt i 1 September 30, 2024. A 1 so, on October 1, 2004, most cu rrent
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customers entitlement to the long-term firm SLCA/IP capacity and
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Contract No. 87"SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
energy .available at that time would be reduced by 7 percent to
provide power for new customers.
The purpose of thi s Contract
Amendment is to implement that decision.
2.6 Western recognizes the Bureau of Reclamation (Reclamation) is under
a continuing obligation to ensure that the operation of its
hydroelectric facilities complies with Federal law. Western needs
flexibility in its contracts to respond if Reclamation changes the
way its facilities are operated.
2.7 Western desi res to incorporate the 1 atest Genera 1 Power Contract
Provisions into the SLCA/IP contracts.
3. AGREEMENT:
The Parties agree to the terms and conditions set forth
herein.
4. TERM OF ORIGINAL CONTRACT AND AMENDMENT:
4.1 Section 3, of the Original Contract is deleted in its entirety and
replaced with the following:
"3. This Contract shall become effective in its entirety on
October 1, 1989, and subject to prior termination as otherwise
provided for, shall
rema i n in effect until
midnight
September 30, 2024."
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
4.2 This Amendment shall become effective when executed by Western and
shall remain in effect through September 30, 2024.
AMENDMENT OF SECTION 5.1 - WESTERN'S ENERGY AND CAPACITY OBLIGATIONS:
Section 5.1 of the Original Contract, as amended, shall remain as written
except that Sections 5.1.1, 5.1.2, and 5.1.5 and a new Section 5.1.6
shall be as follows:
"5.1.1 The Seasonal Contract Rate of Delivery (CROD), Sustainable Hydro
Power (SHP), Avai 1 abl e Hydro Power (AHP), and Monthly Capacity
shall be as set forth in Section 3 of Exhibit A.
5.1.2 The Seasonal SHP Energy and Monthly SHP energy shall be as set
forth in Section 4 of Exhibit A.
5.1.5 Should Western determine that hydrology projections, operational
or other changes, show AHP energy or capacity in sufficient
quantities to be made available above that identified as AHP in
Exhibit A, Western shall fi rst offer said energy or capacity to
its SLCA/IP firm capacity and energy customers.
Written
notification from Western will be given to customers.
5.1. 6 After October 1, 2004, Western may revi se the amount of the
Contractor's Seasonal SHP Energy or Seasonal CROD as required to
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
respond to changes in hydrology and river operations, upon
5 years' notice to the Contractor."
6. REPLACEMENT OF SECTION 13
GENERAL POWER CONTRACT PROVISIONS:
\
Section 13 of the Original Contract, as amended, is deleted in its
entirety and replaced with the following:
"13. GENERAL POWER CONTRACT PROVISIONS:
13.1 The General Power Contract Provisions (GPCPs) effective
July 10, 1998, attached hereto, are hereby made a part of
thi s Contract the same as if they had been expressly set
forth herein, Provided; that Articles 1.2, and 20 through
30 shall not be applicable hereto.
13.2 In addition to the forms of notice specified in Article 39
of the GPCPs dated July 10, 1998, for purposes of
complying with the notice requirements of this Contract,
either the Contractor or Western may accompl ish such a
notice
by
facs i mil e
transmission.
telecopy
or
Communi cati ons rel ated to schedul i ng provided from and to
operating personnel of either Party may be accomplished by
electronic mail. Where telecopy, facsimile, or electronic
mail are utilized, the sending Party shall keep a
contemporaneous record of such communications."
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7.
Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
ADDITION OF SECTION 17 TO THE ORIGINAL CONTRACT - TRANSFER OF INTEREST IN
CONTRACT:
"17. TRANSFER OF I NTEREST I N CONTRACT:
Notwithstanding any other
provision
of
cont ra ry ,
Western's
this
the
Cont ract
to
Administrator may adjust Western's energy or capacity obl igations
to the Contractor as the Administrator reasonably determines is
appropriate if: (1) the Contractor changes its customer status in
some manner including merging with another organizational entity,
acquiring or being acquired by another organizational entity,
creating a new organizational entity from an existing one, joining
or withdrawi ng from a member- based organi zati on, loses its status
as a preference entity, or adds or loses members from its
membership organization; and (2) the Contractors' obligation to
supply electricity to preference entity loads changes as a
result."
8. ORIGINAL CONTRACT TO REMAIN IN EFFECT:
Except as expressly modified
herein, the Original Contract shall remain in effect, and this Amendment
shall be subject to all the provisions of said Original Contract as
expressly modified herein.
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
IN WITNESS WHEREOF, The Parties have caused this Amendment to be executed the
day and year first written above.
( SEAL)
ATTEST:
By:
Date:
WESTERN AREA POWER ADMINISTRATION
By:
Ronald W. Steinbach
Title: Marketing Manager
Rocky Mountain Region
Address: Western Area Power Administration
P.O. Box 3700
Loveland, CO 80539-3003
CITY OF ASPEN, COLORADO
By:
Title:
Address:
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A
Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
RESOLUTION
BE IT RESOLVED by the
Counci 1 of the
that the
is hereby
authorized to execute for and on behalf of the CITY OF ASPEN, COLORADO, the
attached Contract No. 87-SLC-0048 with the Western Area Power Administration,
which was duly presented to the
Council and whi ch
Contract is hereby approved.
(State of Colorado)
) ss
(County of Pitkin )
I.
the
qualified
duly
appointed
and
of the CITY OF ASPEN, COLORADO, do hereby certify
that the foregoing is a true, accurate, and complete copy of a resolution
duly passed and adopted at a regular meeting of the
Counci 1
of the CITY OF ASPEN, COLORADO, held on
Dated:
By:
Title:
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 1 of 5
POINTS OF DELIVERY. VOLTAGES AND DELIVERY OBLIGATIONS
1. This Exhibit A is made this _ day of
1999, to be
effective when executed under and as part of Contract No. 87-SLC-0048
dated
hereinafter ca 11 ed the Contract and
shall remain in effect until superseded by another Exhibit A in
accordance with th.e provisions of the Contract; Provided, That this
Exhibit A or any superseding Exhibit A shall be terminated by the
expiration of the Contract.
2. Point(s) of Delivery and Voltages: SLCA Integrated Projects (SLCA/IP)
fi rm energy and capacity will be del i vered pursuant to the Contract at
the point(s) of delivery and voltages listed below:
Point(s) of Delivery
Nominal Voltage
Hayden
138 kV
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 2 of 5
3. Contract Rate of Delivery (CRODl. Sustainable Hvdro Power (SHP).
Available Hydro Power (AHP). and Monthly Capacity:
3.1 SLCAIIP Monthly Capacity, in kilowatts, will be delivered pursuant
to the Contract in the quantities 1 isted in the Attachment to
Exhibit A, Monthly Capacity and Energy Table. Capacity available to
the Contractor from hydropower shall be the greater of SHP or AHP.
Total Monthly Capacity shall be the sum of the greater of SHP or AHP
and Western Replacement Power and Customer Displacement Power.
Capacity may not be transferred from month to month without revision
to this Exhibit A.
3.2 Prior to October 1, 2004, and except as modified by Section 5.1.4 of
the Contract, the Seasonal CROD shall be as follows:
Winter Season
1 ,677 kW
Summer Season
1,062 kW
3.3 Effective October 1. 2004, and except as subsequently modified by
Sections 5.1.4 and 5.1.6 of the Contract, the Contractor's Seasonal
CROD shall be the Contractor's proportional share of 93 percent of
the Seasonal CROD available each Winter and Summer Season from
Octobe,r 1. 2004, through September 30, 2024. Prior to October 1,
2004, Western solely will determine the quantities of marketable
CROD available from the SLCAIIP,
Western will notify the
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 3 of 5
Contractor, in writing, of the quantities of Seasonal CROD the
Contractor will receive each Winter and Summer Season. The written
notification delivered to the Contractor will be attached to and
become part of the Contract the same as if it had been expressly set
forth herei n.
4. Seasonal SHP Energy and Monthly SHP Energy:
4.1 SLCA/IP firm energy, in kilowatthours, will be delivered pursuant to
the Contract in the quantities listed in the Attachment to
Exhi bit A, Month 1 y Capaci ty and Energy Table, at the month 1 y energy
amount applicable to that billing period.
Energy may not be
transferred from month to month without revision to this Exhibit A.
4.2 Prior to October 1, 2004, and except as modified by Section 5.1.4 of
the Contract, the Seasonal SHP Energy shall be as follows:
Winter Season
4,234,809 kWh
2.714,455 kWh
Summer Season
4.3 Effective October 1, 2004, and except as subsequently modified by
Sections 5.1.4 and 5.1.6 of the Contract, the Contractor's Seasonal
SHP Energy shall be the Contractor's proportional share of
93 percent of the Seasonal SHP Energy available each Winter and
Summer Season from October 1, 2004, through September 30, 2024.
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 4 of 5
Prior to October 1. 2004, Western sol ely wi 11 determine the
quantities of marketable SHP Energy available from the SLCA/IP.
Western will notify the Contractor, in writing, of the quantities of
Seasona 1 SHP Energy the Contractor wi 11 recei ve each Wi nter and
Summer Season. The written notification delivered to the Contractor
will be attached to and become part of the Contract the same as if
it had been expressly set forth therein.
Attachment to Exhibit A. Monthly Capa~ and Energy Table (Attachment):
The Attachment may be revised from time to time by mutual agreement of
the Parties as evidenced by signed concurrence to the revision.
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 5 of 5
IN WITNESS WHEREOF, The Parties have caused this Exhibit to be executed the
day and year first written above.
(SEAL)
ATTEST:
By:
Date:
WESTERN AREA POWER ADMINISTRATION
By:
Ronald W. Steinbach
Title: Marketing Manager
Rocky Mount,a i n Regi on
Address: Western Area Power Administration
P.O. Box 3700
Loveland, CO 80539-3003
. :::y "' ; COLORA",
Title: ~.I; !/ttf1I1{UM
d -
Address: /130 S. C7A (e-<NJ.
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AMENDMENT NO. 5
10
TO
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CONTRACT NO. 87-SLC-0048
12
BETWEEN
13
CITY OF ASPEN. COLORADO
A
AND
16
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
17
18
. ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
19
FOR
20
,
FIRM ELECTRIC SERVICE
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AMENDMENT NO. 5
TO
CONTRACT NO. 87-SLC-0048
BETWEEN
CITY OF ASPEN, COLORADO
AND
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
FOR
FIRM ELECTRIC SERVICE
Table of Contents
Section
~
1
2
3
4
5
Preamble
Expl anatory Recital s ...............................
Agreement.... ..... .... ....,. '" . ...... ..... . ... . ...
Term of.Original Contract and Amendment ............
Amendment of Section 5.1 - Western's Energy and
Capacity Obligations .............................
Replacement of Section 13 - General Power
Contract Provisions..............................
Addition of Section 17 to the Original
Contract - Transfer of Interest in Contract......
8 Original Contract to Remain in Effect..............
Signature Clause..............................................
6
7
Resolution
Exhi bit A
General Power Contract Provisions
Page No.
1
1-3
3
3-4
4-5
5
6
6
7
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,
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AMENDMENT NO. 5
TO
CONTRACT NO. 87-SLC-0048
BETWEEN
CITY OF ASPEN, COLORAOO
AND
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
ROCKY MOUNTAIN REGION
SALT LAKE CITY AREA INTEGRATED PROJECTS
FOR
FIRM ELECTRIC SERVICE
1. PREAMBLE: Thi s Cont ract Amendment (Amendment) is made thi s _ day of
, 1999, between the UNITED STATES OF AMERICA, Western Area
Power Administration (Western), and CITY OF ASPEN, COLORADO (Contractor)
as part of Contract No. 87-SLC-0048 as amended (Original Contract),
pursuant to the same authorities as the Original Contract, and subject to
all of the provisions of the Original Contract except as herein amended.
2. EXPLANATORY RECITALS:
2.1 Western offered and the Contractor executed the Original Contract,
which provides among other things, for the sale of long-term firm
electric service from the Salt Lake City Integrated Projects
(SLCA/IP) .
1
1
Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
A
2.2 Effective November 20, 1995, Western adopted an Energy Planning and
4
Management Program which consisted of two components. A requirement
5
that all SLCAII P long-term fi rm power customers prepare Integrated
6
Resource Plans, and a Power Marketing Initiative (PM!) under which
7
Western might extend a major portion of Federal resource commitments
8
to its existing long-term firm power customers.
9
10
2.3 Western did not consider applying the PMI to the SLCA/IP until after
11
completion of the SLCAIIP Electric Power Marketing environmental
12
impact statement (EIS). The Record of Decision on that EIS was
13
issued on November 1, 1996.
A.
2.4 Subsequently, Western proposed application of the PMI to the
16
SLCA/IP. The public was given opportunities to comment on Western's
17
proposal. Public comment was also invited on how Western should
18
market power given recent changes in the el ectric industry and how
19
much power should be set aside for new customers, particularly
20
Native American tribes.
21
22
2.5 On June 25, 1999, in the Federal Register (99 FR 34414), Western
23
announced its decision that the term of its SLCAIIP firm power
24
customers' contractual commitments with Western woul d be extended
25
until September 30, 2024. Also, on October 1, 2004, most current
26
customers entitlement to the long-term firm SLCA/IP capacity and
27
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Contract No. 87JSLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
energy available at that time would be reduced by 7 percent to
provi de power for new customers.
The purpose of thi s Contract
Amendment is to implement that decision.
2.6 Western recogni zes the Bureau of Recl amati on (Recl amati on) is under
a continuing obligation to ensure that the operation of its
hydroelectric facilities complies with Federal law. Western needs
flexibility in its contracts to respond if Reclamation changes the
way its facilities are operated.
2.7 Western desires to incorporate the latest General Power Contract
Provisions into the SLCA/IP contracts.
3. AGREEMENT:
The Parties agree to the terms and conditions set forth
herein.
4. TERM OF ORIGINAL CONTRACT AND AMENDMENT:
4.1 Section 3, of the Original Contract is deleted in its entirety and
replaced with the following:
"3. Thi s Cont ract s ha 11 become effective in its entirety on
October 1, 1989, and subject to prior termination as otherwise
provided for, shall
remain in effect until
midnight
September 30, 2024."
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Contract No. 87-SLC-0048
Amendment No. 5
CIfY OF ASPEN, COLORADO
4.2
Thi s Amendment shall become effecti ve when executed by Western and
shall remain in effect through September 30, 2024.
AMENDMENT OF SECTION 5.1 - WESTERN'S ENERGY AND CAPACITY OBLIGATIONS:
Section 5.1 of the Original Contract, as amended, shall remain as written
except that Sections 5.1.1, 5.1.2, and 5.1.5 and a new Section 5.1.6
shall be as follows:
"5.1.1 The Seasonal Contract Rate of Delivery (CROD), Sustainable Hydro
Power (SHP), Available Hydro Power (AHP), and Monthly Capacity
shall be as set forth in Section 3 of Exhibit A.
5.1.2 The Seasonal SHP Energy and Monthly SHP energy shall be as set
forth in Section 4 of Exhibit A.
5.1. 5 Shoul d Western determi ne that hydrology projecti ons, operati ona 1
or other changes, show AHP energy or capacity in sufficient
quantities to be made available above that identified as AHP in
Exhibit A, Western shall first offer said energy or capacity to
its SLCA/IP firm capacity and energy customers.
Written
notification from Western will be given to customers.
5.1. 6 After October 1, 2004, Western may revi se the amount of the
Contractor's Seasonal SHP Energy or Seasonal CROD as required to
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
respond to changes in hydrology and river operations, upon
5 years' notice to the Contractor."
6. REPLACEMENT OF SECTION 13
GENERAL POWER CONTRACT PROVISIONS:
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Section 13 of the Original Contract, as amended, is deleted in its
entirety and replaced with the following:
"13. GENERAL POWER CONTRACT PROVISIONS:
13.1 The General Power Contract Provisions (GPCPs) effective
July 10, 1998, attached hereto, are hereby made a part of
this Contract the same as if they had been expressly set
forth herei n, Provi ded; that Arti cl es 1. 2, and 20 through
30 shall not be applicable hereto.
13.2 In addition to the forms of notice specified in Article 39
of the GPCPs dated July 10, 1998, for purposes of
complyi ng with the noti ce requi rements of thi s Contract,
either the Contractor or Western may accompl i sh such a
notice
facsimile
transmission.
by
te 1 ecopy
or
Communications related to scheduling provided from and to
operating personnel of either Party may be accomplished by
electronic mail. Where telecopy, facsimile, or electronic
mail are utilized, the sending Party shall keep a
contemporaneous record of such communications."
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Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
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7.
AODITION OF SECTION 17 TO THE ORIGINAL CONTRACT - TRANSFER OF INTEREST IN
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CONTRACT:
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"17. TRANSFER 'OF INTEREST IN CONTRACT:
Notwithstanding any other
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provision of this Contract to the
cont ra ry ,
Western's
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Administrator may adjust Western's energy or capacity obl igations
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to the Contractor as the Administrator reasonably determines is
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appropriate if: (1) the Contractor changes its customer status in
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some manner including merging with another organizational entity,
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acquiring or being acquired by another organizational entity,
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creating a new organizational entity from an existing one, joining
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or withdrawing from a member-based organization, loses its status
as a preference entity, or adds or loses members from its
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membership organization; and (2) the Contractors' obligation to
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supply electricity to preference entity loads changes as a
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result. "
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8. ORIGINAL CONTRACT TO REMAIN IN EFFECT:
Except as expressly modified
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herein, the Original Contract shall remain in effect, and this Amendment
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shall be subject to all the provisions of said Original Contract as
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expressly modified herein.
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A
Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
IN WITNESS WHEREOF, The Parties have caused this Amendment to be executed the
day and year first written above.
( SEA L)
ATTEST:
By:
WESTERN AREA POWER ADMINISTRATION
By:
Date:
Ronald W. Steinbach
Title: Marketing Manager
Rocky Mountain Region
Address: Western Area Power Administration
P.O. Box 3700
Loveland, CO 80539-3003
CITY OF ASPEN, COLORADO
By:
Title:
Address:
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A
Contract No. 87-SLC-0048
Amendment No. 5
CITY OF ASPEN, COLORADO
RESOLUTION
BE IT RESOLVED by the
Counci 1 of the
that the
is hereby
authorized to execute for and on behalf of the CITY OF ASPEN, COLORADO, the
attached Contract No. 87-SLC-0048 with the Western Area Power Administration,
which was duly presented to the
Council and whi ch
Contract is hereby approved.
(State of Colorado)
) ss
(County of Pitkin )
I,
the
duly
appointed
and
qual ified
of the CITY OF ASPEN, COLORADO, do hereby certify
that the foregoi ng is a true, accurate, and complete copy of a reso 1 ut ion
duly passed and adopted at a regular meeting of the
Council
of the CITY OF ASPEN, COLORADO, held on
Dated:
By:
Title:
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 1 of 5
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POINTS OF DELIVERY VOLTAGES. AND DELIVERY OBLIGATIONS
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1. Thi s Exhi bi t A is made thi s
day of
1999, to be
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effective when executed under and as part of Contract No. 87-SLC-0048
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dated
hereinafter called the Contract and
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shall remain in effect until superseded by another Exhibit A in
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accordance with th.e provisions of the Contract; Provided, That this
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Exhibit A or any superseding Exhibit A shall be terminated by the
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expiration of the Contract.
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A 2. PointCs) of Delivery and Voltages: SLCA Integrated Projects (SLCAIIP)
firm energy and capacity will be delivered pursuant to the Contract at
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the point(s) of delivery and voltages listed below:
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PointCs) of Delivery
Nominal Voltage
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Hayden
138 kV
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.A
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 2 of 5
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3. Contract Rate of Delivery (CROD)
Sustainable Hydro Power (SHP)
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Available Hydro Power (AHP). and Monthly Capacity:
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3.1 SLCAIIP Monthly Capacity, in kilowatts, will be delivered pursuant
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to the Contract in the quantities 1 isted in the Attachment to
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Exhibit A, Monthly Capacity and Energy Table. Capacity available to
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the Contractor from hydropower shall be the greater of SHP or AHP.
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Total Monthly Capacity shall be the sum of the greater of SHP or AHP
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and Western Replacement Power and Customer Displacement Power.
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Capacity may not be transferred from month to month without revision
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to this Exhibit A.
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3.2 Prior to October 1, 2004, and except as modified by Section 5.1.4 of
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the Contract, the Seasonal CROO shall be as follows:
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Winter Season
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Summer Season
1,677 kW
1,062 kW
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3.3 Effective October 1,2004, and except as subsequently modified by
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Sections 5.1.4 and 5.1.6 of the Contract, the Contractor's Seasonal
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CROD shall be the Contractor's proportional share of 93 percent of
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the Seasonal CROD available each Winter and Summer Season from
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October 1. 2004, through September 30,2024. Prior to October 1,
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2004, Western solely will determine the quantities of marketable
CROD available from the SLCAIIP.
Western will notify the
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 3 of 5
Contractor, in writing, of the quantities of Seasonal CROD the
Contractor will receive each Winter and Summer Season. The written
notification del ivered to the Contractor will be attached to and
become part of the Contract the same as if it had been expressly set
forth herein.
4. Seasonal SHP Energy and MonthTv SHP Energy:
4.1 SLCAIIP firm energy, in kilowatthours, will be delivered pursuant to
the Contract in the quantities listed in the Attachment to
Exhibit A, Monthly Capacity and Energy Tabl e, at the monthly energy
amount applicable to that billing period.
Energy may not be
transferred from month to month without revision to this Exhibit A.
4.2 Prior to October 1, 2004, and except as modified by Section 5.1.4 of
the Contract, the Seasonal SHP Energy shall be as follows:
Winter Season
4,234,809 kWh
Summer Season
2.714,455 kWh
4.3 Effective October 1, 2004, and except as subsequently modified by
Sections 5.1.4 and 5.1.6 of the Contract, the Contractor's Seasonal
SHP Energy shall be the Contractor's proportional share of
93 percent of the Seasonal SHP Energy available each Winter and
Summer Season from October 1, 2004, through September 30, 2024.
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EXHI BIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 4 of 5
Prior to October 1, 2004, Western solely will determine the
quantities of marketable SHP Energy available from the SLCA/IP.
Western will notify the Contractor, in writing, of the quantities of
Seasona 1 SHP Energy the Contractor will recei ve each Wi nter and
Summer Season. The written notification delivered to the Contractor
will be attached to and become part of the Contract the same as if
it had been expressly set forth therein.
Attachment to Exhibit A. Monthly Capacity and Enerav Table (Attachment):
The Attachment may be revi sed from time to time by mutua 1 agreement of
the Parties as evidenced by signed concurrence to the revision.
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EXHIBIT A
Revision No.4
Contract No. 87-SLC-0048
CITY OF ASPEN, COLORADO
Page 5 of 5
IN WITNESS WHEREOF, The Parties have caused this Exhibit to be executed the
day and year first written above.
( SEAL)
ATTEST:
By:
Date:
WESTERN AREA POWER ADMINISTRATION
By:
Ronald W. Steinbach
Title: Marketing Manager
Rocky Mount.a i n Regi on
Address: Western Area Power Administration
P.O. Box 3700
Loveland, CO 80539-3003
CITY OF 71" COLORADO
", --='(jL tJl~ .....
Title: . ~-~ . . U1~
Address: /30 S. (J7;1(UAIA
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