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Resolution 14413CITY OF ALAMEDA RESOLUTION NO. 14413 RATIFYING THE PUBLIC UTILITY BOARD'S APPROVAL OF THE CONFIRMATION TO THE SINGLE MEMBER SERVICES AGREEMENT BETWEEN ALAMEDA MUNICIPAL POWER AND THE NORTHERN CALIFORNIA POWER AGENCY REGARDING THE G RAEAG LE HYDROELECTRIC FACILITY POWER PURCHASE AGREEMENT AND AUTHORIZE THE GENERAL MANAGER OF ALAMEDA MUNICIPAL POWER TO EXECUTE THE CONFIRMATION TO THE SINGLE MEMBER SERVICE AGREEMENT WHEREAS, since February 1992, Alameda Municipal Power (AMP) has been purchasing 50% of the renewable energy output from the 440 kilowatt (gross) Graeagle hydroelectric facility, located in Graeagle, California, under a Power Purchase Agreement (PPA) between Northern California Power Agency (NCPA and Henwood Associates, inc. (HAI); and WHEREAS, the contract term of the PPA for the Graeagle project expires as of January 31, 2010; and WHEREAS, in light of the pending termination date of the existing PPA, AMP staff with support from NCPA, initiated negotiations in June 2009 with HAI for a new 20 -year term PPA for the Graeagle project at an increased project participation percentage of 100%; and WHEREAS, at the same time staff negotiated the new PPA, staff also worked with . NCPA to develop a Confirmation to AMP's existing SMSA for Special Transactions; and WHEREAS, the SMSA, which was originally entered into by AMP and NCPA on July 5, 2006, allows AMP to utilize NCPA's services for projects where AMP is the exclusive participant in a project or transaction; and WHEREAS, under the new Confirmation to the SMSA, AMP is obligated to pay NCPA for energy, capacity and environmental attributes from the Graeagle project at the same rate that NCPA is obligated to pay HAI under the PPA effective February 1, 2010 through January 31, 2030; and WHEREAS, AMP will also pay all NCPA administrative service costs incurred in providing services related to the PPA during the 20 -year term of the PPA; and WHEREAS, at its December 21, 2009 meeting, the Public Utilities Board approved the Confirmation to AMP's SMSA, recommended that the City Council ratify its action as required by City Charter Section 12 -2(A), and further recommended that the City council authorize the General Manager of AMP to execute the Conformation to AMP's SMSA. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: 1. The Council ratifies the Public Utilities Board's approval of the Confirmation to AM P's SMSA. 2. The General Manager of Alameda Municipal Power is authorized to execute the agreement without material change. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the council of the City of Alameda during the Special Meeting of the City Council on the day of 19th January, 2010, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese and Tam - 4. NOES: None. ABSENT: Mayor Johnson - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 20th day of January, 2010. Lara Weisiger, City erk City of Alameda