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Resolution 14720CITY OF ALAMEDA RESOLUTION NO. 14720 RATIFYING THE PUBLIC UTILITY BOARD'S APPROVAL OF THE AMENDED AND RESTATED MARKET PURCHASE PROGRAM AGREEMENT WITH THE NORTHERN CALIFORNIA POWER AGENCY WHEREAS, Alameda Municipal Power (AMP) has the need to purchase and sell energy, resource adequacy capacity, renewable energy certificates (RECs) and green- house gas compliance instruments to meet its future electric power requirements and comply with state regulations; and WHEREAS, AMP is a member of the Northern California Power Agency (NCPA); and WHEREAS, AMP became a participant in the Market Purchase Program Agreement to enable NCPA, on behalf of AMP, to engage in transactions to purchase energy for the benefit of AMP's customers; and WHEREAS, the Board via Resolution 4886 on November 21, 2011 and the City Council via Resolution 14639 on December 20, 2011 approved AMP's participation in the MPP; and WHEREAS, due to the changing landscape of the wholesale electric market, including new regulatory obligations, AMP has requested NCPA to revise the MPP Agreement to enable NCPA to transact new products that are currently not available under the MPP Agreement; and WHEREAS, to satisfy this request, NCPA, working in coordination with AMP, has developed the Amended and Restated Market Purchase Program Agreement to enable certain new approved products requested by AMP; and WHEREAS, the Amended MPP Agreement will enable NCPA to engage in transactions, on behalf of AMP, to purchase and sell approved products, which include energy, resource adequacy capacity, RECs, GHG compliance instruments and physical option products; and WHEREAS,' AMP, through transactions authorized under the Amended MPP Agreement, seeks to assure greater rate and budget stability by (i) reducing the proportion of energy AMP needs to acquire in a potentially volatile spot market; (ii) transacting in bundled and unbundled RECs to manage AMP renewable energy portfolio; (iii) satisfying applicable resource adequacy requirements more efficiently, and (iv) satisfying applicable GHG emission compliance obligations more efficiently; and WHEREAS, the Amended MPP Agreement specifies the terms and conditions under which NCPA will perform such services, including, but not limited to NCPA's and AMP's obligations regarding the transaction process, transaction authorization and financial requirements; and WHEREAS, AMP, as a signatory to the Amended MPP Agreement, will be responsible to pay to NCPA each month the sum of the following as defined in the Amended MPP Agreement: (i) the Fixed MPP Costs of $900, (ii) one-twelfth of AMP's allocated share of Variable MPP Costs, (iii) transaction specific costs for AMF's transactions, and (iv) commodity costs for AMP's transactions; and WHEREAS, in addition to the aforementioned monthly payment obligations, AMP is obligated to fund: (i) AMP's share of any and all required security deposits calculated in accordance with the Amended MPP Agreement, and (ii) AMP's share of working capital requirements for the Market Purchase Program maintained at NCPA as set forth in the NCPA Annual Budget; and WHEREAS, the Public Utilities Board has reviewed and approved the agreement at its June 25, 2012 meeting and recommends that the City Council ratify its action as required by City Charter Section 12-2(A), NOW, THEREFORE, BE IT RESOLVED by the Public Utilities Board of the City of Alameda, and subject to ratification of its action by the City Council, as follows: 1. The Amended MPP 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 the Amended MPP Agreement pursuant to the Amended MPP Agreement. Such Designated Representative is hereby authorized to execute Participant Confirmations for Approved Products provided that such Participant Confirmations are entered into in conformance with the Amended MPP Agreement. The obligations entered into by such officers on behalf of Alameda Municipal Power shall be valid and binding, and the Board agrees to approve the payment of such obligations in accordance with the Amended MPP Agreement as fully and as if each such Participant Confirmation and transaction were directly presented to and individually approved by it. BE IT FURTHER RESOLVED that the General Manager of Alameda Muncipal Power is authorized to execute the subject agreement without material change. 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 17t day of July, 2012, 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 18th day of July, 2012. Lara Weisiger, Cit erk City of Alameda