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Resolution 14639CITY OF ALAMEDA RESOLUTION NO. 14639 RATIFYING THE PUBLIC UTILITY BOARD'S APPROVAL OF THE NORTHERN CALIFORNIA POWER AGENCY MARKET PURCHASE PROGRAM WHEREAS, Alameda Municipal Power (AMP) on occasion has the need to purchase additional electric energy and capacity to meet the electric power requirements of the City of Alameda; and WHEREAS, maintenance of an adequate, cost effective supply of electric power is a matter of critical importance, directly affecting the public health, safety and welfare; and WHEREAS, requests for proposal for the purchase of electric energy or capacity often require response within a very short time frame; and WHEREAS, AMP is a member of the Northern California Power Agency (NCPA); and WHEREAS, NCPA is willing to undertake the purchase of electric energy and capacity for its members for terms of up to 5 years pursuant to its Market Purchase Program Agreement (MPPA); and WHEREAS, utilizing the MPPA, NCPA may enter into power purchase agreements for its participating members, which agreements are in the form of the Western Systems Power Pool Agreement or the Edison Electric Institute Master Power Purchase and Sale Agreement (as incorporated in the MPPA), with such modifications as have been made by the NCPA Commission or may be reasonably required to consummate a power purchase agreement; and WHEREAS, the MPPA provides that, following the issuance of a request for proposals for power, the execution of a Participant Purchase Confirmation by the Designated Representative of a participating NCPA member will be deemed the subscription by that NCPA member for the purchase of power upon the terms negotiated; and WHEREAS, the Public Utilities Board has reviewed and approved the MPPA at its November 21, 2011 meeting and recommends that the City Council ratify its action as required by City Charter Section 12 -2(A). NOW, THERFORE, BE IT RESOLVED by the City Council of the. City of Alameda, that the Council ratifies the action of the Public Utilities Board, as follows: The Market Purchase Program Agreement with NCPA is hereby approved, and the General Manager of Alameda Municipal Power is hereby authorized to execute it on behalf of Alameda Municipal Power. 2. The General Manager or designee is hereby designated as the Designated Representative for Alameda Municipal Power pursuant to the MPPA. Such Designated Representative is hereby authorized to execute Participant Purchase Confirmations for either or both electric energy and capacity, and to accede to or agree to amendments to either the Western States Power Purchase Agreement or the Edison Electric Institute Master Agreement with the advice of counsel, provided that such Participant Purchase Confirmations are entered into in conformance with the MPPA. The obligations entered into by such officers on behalf of Alameda Municipal Power shall be valid and binding, and the Public Utilities Board agrees to approve the payment of such obligations in accordance with the MPPA as fully and as if each such Participant Purchase Confirmation and transaction were directly presented to and individually approved by it 3. The monetary limits associated with transactions under the MPPA and delegated to the General Manager are to be established via a separate resolution of the Public Utilities Board. Until such time authority to transact is delegated by the Public Utilities Board to the General Manager, no transactions may be undertaken under the MPPA without express consent of the Public Utilities Board. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 20th day of December, 2011, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 21st day of December, 2011. Lara Weisiger, City of Alameda