Contract 09-SNR-01256
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
AMENDMENT 1
(Extension)
TO THE
CONTRACT FOR DISPLACEMENT OF BASE RESOURCE
WITH
CENTRAL VALLEY PROJECT CUSTOMERS
Contract 09-SNR-01256
Amendment 1
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
AMENDMENT 1
(Extension)
TO THE
CONTRACT FOR DISPLACEMENT OF BASE RESOURCE
WITH
CENTRAL VALLEY PROJECT CUSTOMERS
Section Table of Contents Page
1. Preamble ........................................................................................................ 1
2. Explanatory Recitals ....................................................................................... 1
3. Agreement ...................................................................................................... 2
4. Term of Amendment ....................................................................................... 2
5. Modification of Section 4 (Effective Date and Term of Contract) of the Displacement Contract ...................................................................... 2
6. Displacement Contract to Remain in Effect .................................................... 3
7. Authority to Execute ....................................................................................... 3
Resolution
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Amendment 1 to Contract 09-SNR-01256 1
Contract 09-SNR-01256
Amendment 1
UNITED STATES
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
SIERRA NEVADA REGION
AMENDMENT 1
(Extension)
TO THE
CONTRACT FOR DISPLACEMENT OF BASE RESOURCE
WITH
CENTRAL VALLEY PROJECT CUSTOMERS
1. PREAMBLE:
This Amendment 1 to Contract 09-SNR-01256 (Displacement Contract) is made this ______________, between the United States of America, Department of Energy, Western Area Power Administration (WAPA) and the Central Valley Project (CVP) preference power customers signing this Contract and set forth in Exhibit A, all collectively called Parties.
2. EXPLANATORY RECITALS:
2.1 The Parties entered into the Displacement Contract on June 1, 2009. The Displacement Contract sets forth the terms and conditions of the Displacement Program.
2.2 Under the Displacement Contract, the Non-Direct Connect Customers (NDCC) First Preference Power or Base Resource is scheduled to the Direct Connect Customers (DCC) in the BANC/WAPA and TID balancing authority areas, and the DCCs provide an equal amount of energy in quality, quantity, and timing to the NDCCs from resources scheduled from or through the CAISO BA.
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Amendment 1 to Contract 09-SNR-01256 2
2.3 The purpose of the Displacement Program is to preserve the benefit of First Preference Power and Base Resource, create efficiencies, and minimize delivery costs among the NDCCs and the DCCs.
2.4 The Displacement Contract terminates on December 31, 2024. The Parties desire to extend the term of Displacement Contract as described in this Amendment.
3. AGREEMENT:
The Parties agree to the terms and conditions set forth herein.
4. TERM OF AMENDMENT:
This Amendment shall become effective upon execution and shall remain in effect concurrently with the Displacement Contract.
5. MODIFICATION OF SECTION 4 (EFFECTIVE DATE AND TERM OF CONTRACT) OF THE DISPLACEMENT CONTRACT:
The following subsection of Section 4 of the Displacement Contract is hereby modified as shown below:
“4.1 This Contract shall become effective on the first day WAPA designates, and shall remain in effect until midnight of December 31, 2026, subject to prior Termination, as otherwise provided for herein. All requirements set forth in Sections 4.1.1 and 4.1.4 herein must be met prior to this Contract becoming effective.”
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Amendment 1 to Contract 09-SNR-01256 3
6. DISPLACEMENT CONTRACT TO REMAIN IN EFFECT:
Except as expressly modified by this Amendment, said Displacement Contract shall remain in full force and effect, and this Amendment shall be subject to all provisions of the Displacement Contract, except as herein amended.
7. 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.
8. EXECUTION BY COUNTERPARTS:
This Amendment may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and 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.
9. ELECTRONIC SIGNATURES:
The Parties agree that this Amendment may be executed by handwritten signature or digitally signed using DocuSign, Adobe Sign or Adobe E-Signature. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable.
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Amendment 1 to Contract 09-SNR-01256 4
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written.
EASTSIDE POWER AUTHORITY
(Attest) By:
Name:
Title:
By: Address:
Title:
MARIN CLEAN ENERGY
(Attest) By:
Name:
Title:
By: Address:
Title:
MODESTO IRRIGATION DISTRICT
(Attest) By:
Name:
Title:
By: Address:
Title:
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Amendment 1 to Contract 09-SNR-01256 5
NORTHERN CALIFORNIA POWER AGENCY
(Attest) By:
Name:
Title:
By: Address:
Title:
POWER AND WATER RESOURCES
POOLING AUTHORITY
(Attest) By:
Name:
Title:
By: Address:
Title:
CITY OF REDDING
(Attest) By:
Name:
Title:
By: Address:
Title:
CITY OF ROSEVILLE
(Attest) By:
Name:
Title:
By: Address:
Title:
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Amendment 1 to Contract 09-SNR-01256 6
SACRAMENTO MUNICIPAL UTILITY DISTRICT
(Attest) By:
Name:
Title:
By: Address:
Title:
CITY OF SANTA CLARA
dba SILICON VALLEY POWER
(Attest) By:
Name:
Title:
By: Address:
Title:
TURLOCK IRRIGATION DISTRICT
(Attest) By:
Name:
Title:
By: Address:
Title:
WESTERN AREA POWER ADMINISTRATION
By:
Name: Arun K. Sethi
Title: Vice President of Power Marketing for
Sierra Nevada Region
Address: 114 Parkshore Drive
Folsom, California 95630