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HomeMy WebLinkAboutNorthern California Power Agency (NCPA) 2022-05-06Assignment 21-SNR-0264 5 1 REQUEST FOR ASSIGNMENT OF CITY OF UKIAH’S BASE RESOURCE PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY 1. BACKGROUND: City of Ukiah (Ukiah ) is a municipal corporation. Ukiah entered into Base Resource BR) Contract 20-SNR-02332 (BR 0 2332 ), dated April 14 , 202 1, with the Western Area Power Administration (WAPA ). BR 02332 provides Ukiah with 0 .33893 percent of WAPA ’s BR. Ukiah is located in the California Independent System Operator’s Balancing Authority Area. Ukiah assigned its BR percentage under BR Contract 0 0 -SNR-00 3 55 to Northern California Power Agency (NCPA ), a joint powers authority , under Request for Assignment 04 -SNR-00777 effective January 1, 2005 . Contract 00-SNR -00355 and Request for Assignment 04-SNR-00777 terminate December 31, 2024. NCPA and Ukiah wish to retain the assignment beyond 2024. 2. REQUEST FOR ASSIGNMENT OF UKIAH BR PERCENTAGE TO NCPA: 2.1 On the effective date of this Request for Assignment 21-SNR-02645 Assignment), Ukiah hereby requests WAPA assign its BR Percentage under BR 02332 to NCPA under NCPA’s BR Contract 21 -SNR-02 661 (BR 02661 ). 2.2 NCPA is agreeable to taking responsibility for Ukiah ’s 0 .33893 percentage of BR. 2.3 As of the effective d ate, NCPA assumes all the rights, duties, and obligations associated with receiving Ukiah ’s BR Percentage under BR 0 2 661. 2.4 Ukiah and NCPA shall jointly and separately indemnify and hold WAPA harmless from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from this Assignment. 2.5 Ukiah and NCPA agree that either Ukiah or NCPA may unilaterally submit a 90-day written notice to WAPA to terminate this Assignment. Termination shall become effective on the first day of the month following the 90-day period. On the effective date of the termination, this Assignment to NCPA shall terminate and the BR Percentage shall revert to Ukiah . NCPA shall hold WAPA harmless from any and all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from issuing a notice to terminate or termination of this Assignment. 2.6 Th is Assignment shall remain in effect until the earlier of: (a) December 31, 2054; or (b) until it is terminated pursuant to Section 2.5 above. DocuSign Envelope ID: CEDE1DF1-F8C9-479B-B77D-082E20F295F4 COU NO. 2122-224 Assignment 2 1-SNR-0264 5 2 3. REDUCTION OF UKIAH’S BR PERCENTAGE OR TERMINATION OF UKIAH’S BR 02332: Section 4.2 of BR 02332 allows for Ukiah to reduce its BR Percentage or terminate BR 0 2332 for any reason through June 30, 2024. Section 12.4 of BR 02332 also allows for Ukiah to reduce its BR Percentage or terminate BR 02332 within ninety (90) days after the Rate Effective Date of a Rate Schedule or Rate Schedule extension. 3.1 Should WAPA receive a request from Ukiah to reduce its BR Percentage, the BR Percentage assigned to NCPA shall be reduced in NCPA’s BR 02 661 on the effective date of the reduced BR Percentage. 3.2 Should WAPA receive a request from Ukiah to terminate Ukiah’s BR 02332, Ukiah ’s assigned BR Percentage shall be returned to WAPA for reallocation on the effective date of the termination of Ukiah’s BR 0 2332 . 4 . EXECUTION BY COUNTERPARTS: This Assignment 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 Assignment may be detached by any counterpart of this Assignment without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this identical in form hereto, by having attached to it one or more signature pages. 5 . ELECTRONIC SIGNATURES: The Parties agree that this Assignment may be executed by handwritten signature or digitally signed using Adobe Sign, Adobe E-Signature, or DocuSign. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable. DocuSign Envelope ID: CEDE1DF1-F8C9-479B-B77D-082E20F295F4 Assignment 21-SNR-0264 5 3 6 . AGREEMENT: All parties to this Assignment agree that it will become effective on the first day of the first month following the date of approval by WAPA’s Administrator or a later date if agreed to by WAPA and Ukiah . CITY OF UKIAH By: Name: Sage Sangiacomo Attest: Title: City Manager By: Address: Name: Date: Date: NORTHERN CALIFORNIA POWER AGENCY By: Name: Attest: Title: By: Address: Name: Date: Date: The above Assignment of the BR Percentage from Ukiah to NCPA under BR 02 661 is hereby approved. Date: By: Tracey A. LeBeau Administrator and Chief Executive Officer Western Area Power Administration DocuSign Envelope ID: CEDE1DF1-F8C9-479B-B77D-082E20F295F4 Kristine Lawler, City Clerk May 6, 2022 Kristine Lawler (May 6, 2022 15:26 PDT) Kristine Lawler May 6, 2022