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HomeMy WebLinkAboutresolution.council.161-17 RESOLUTION #161 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF ASPEN AND THE MUNICIPAL ENERGY AGENCY OF NEBRASKA FOR PURCHASE OF LANDFILL GAS ENERGY ENVIRONMENTAL ATTRIBUTES AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City Council is committed to reducing its carbon footprint and fighting climate change, and; WHEREAS, the City Council is committed to buying 100% of its electrical energy through renewable sources, and; WHEREAS, there has been submitted to the City Council an amendment to an existing contract for purchase of landfill gas energy environmental attributes, between the City of Aspen and the Municipal Energy Agency of Nebraska (MEAN), a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for landfill gas energy environmental attributes, between the City of Aspen and MEAN, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the i Council Bf the City of Aspen on the 27`h day of November 2017. Steven Skadron Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, November 27, 2017. � 0 Linda Manning, City Clerk Amendment No. 1 To Supplemental Agreement for Purchase of Landfill Gas Energy Environmental Attributes Between Municipal Energy Agency of Nebraska And The City of Aspen, Colorado This Amendment No. 1 ("Amendment") to the Supplemental Agreement for Purchase of Landfill Gas Energy Environmental Attributes between Municipal Energy Agency of Nebraska and t City of Aspen, Colorado is dated the 2� day of K� 0- � ( 20 by and between the Municipal Energy Agency of Nebraska ("MEAN") and the City of Aspen, Colorado ("City"). RECITALS WHEREAS, MEAN and the City entered into that certain Supplemental Agreement for Purchase of Landfill Gas Energy Environmental Attributes between Municipal Energy Agency of Nebraska and the City of Aspen, Colorado executed as of August 25, 2015 ("Agreement"), which is scheduled to expire on December 31, 2017; and WHEREAS, MEAN and the City desire to extend the term of the Agreement; NOW, THEREFORE, in consideration of the promises and agreements contained herein, the Parties do mutually agree to the following amendment to the Agreement: SECTION 4.b. Term of Agreement shall be deleted in its entirety and shall be replaced by the following: b. Unless sooner terminated in accordance with the terms below in this Section 4, this Agreement, and purchase of Environmental Attributes by City hereunder, shall continue for an initial term through December 31, 2017,and thereafter shall continue year to year until terminated by either Party upon written notice provided to the other Party at least ninety (90) days prior to the end of the then- current term. In the event City converts its ERPA participation from one firm power Service Schedule to another firm power Service Schedule, this Agreement shall continue and become supplemental to the subsequent Service Schedule or in the case of Service Schedule J, to the Supplemental Agreement for Firm Power Interchange Service. At such time, MEAN and City shall execute an addendum to . the subsequent Service Schedule Agreement for firm power service to incorporate this Supplemental Agreement. At that time and as necessary, MEAN shall issue a revised Exhibit A, Exhibit B, and Exhibit D of this Agreement. This Amendment No. 1 shall take effect as of the date of execution by the Parties. 1 All other provisions of the Agreement shall remain the same and continue in full force and effect throughout the remaining term of the Agreement. IN WITNESS WHEREOF, MEAN and the City have caused this Amendment No. 1 to the Supplemental Agreement for Purchase of Landfill Gas Energy Environmental Attributes between Municipal Energy Agency of Nebraska and the City of Aspen, Colorado to be executed by these duly authorized officers, the day and year shown below. MUNICIPAL ENERGY AGENCY OF NEBRASKA By Printed Name Title Date CITY OF ASPEN, COLORADO By Printed Name 1�r'rl Title Date 2