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�Ot4 F ACT NO U�E25GLO Contract No-La—
FIRST AMENDMENT TO ELECTRIC ENERGY SALES AGREEMENT
THIS FIRST AMENDMENT TO ELECTRIC SALES AGREEMENT(this "First Amendment")is
entered into as of the 21 day of June, 2006 (the "Amendment Date") between Texas General
Land Office("GLO")and City of Fort Worth("Customer")(collectively,the "Parties").
GLO and Customer entered into that certain Electric Sales Agreement on file as GLO Contract No. 05-
534E(and on file in the City Secretary's Office as City Secretary Contract No. 31883)(as same may have
been previously modified or amended, the "Agreement"). This First Amendment sets forth the Parties'
mutual agreement to amend the Agreement as set forth below. The Agreement, as amended by this First
Amendment, shall be referred to herein as the "Amended Agreement" for all purposes. Unless otherwise
defined herein, capitalized terms not defined herein shall have the same meanings assigned to such terms
in the Agreement.
1. Term. As of the Amendment Date,the second sentence in the Term provision set forth on Page 1
of the Agreement is amended as follows:
"The term shall commence on the Switch Date, or, if a switch is not required, (i) on the
first meter read on or after June 1, 2005, and will expire, unless earlier required, on the
first meter read date after May 31, 2007 for each Customer Location specified on
Appendix A and (ii) on the first meter read on or after July 1, 2006, and will expire,
unless earlier required, on the first meter read date after May 31, 2007 for each Customer
Location specified on Appendix A-1 ("Term")."
2. Customer Locations. As of the Amendment Date, Appendix A-1 is added to the Agreement and
will apply to the Contract Charge specified in Appendix B-1.
3. Contract Charge. As of the first meter read on or after July 1,2006,Appendix B-1 is added to the
Agreement and will apply to the Customer Locations specified in Appendix A-1.
All Appendices attached are incorporated herein for all purposes.
Except as specifically amended and provided herein, the terms and conditions of the Agreement shall
remain in full force and effect as written and the law governing the Agreement shall govern this First
Amendment. Any and all references to the Agreement shall hereafter refer to the Amended Agreement,
as the same may be amended,supplemented or modified from time to time.
IN WITNESS WHEREOF,the Parties,by their respective duly authorized representatives,have executed
this First Amendment as of the Amendment Date and ratify and confirm the Amended Agreement.
{00056123.2/2000-T0169) ••••
City of Fort Worth First Amendment(add/co term)061406 •
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THE PERSON SIGNING THIS AGREEMENT ON YOUR BEHALF OF THE CUSTOMER
CERTIFIES THAT HE OR SHE IS AUTHORIZED TO LEGALLY OBLIGATE THE
CUSTOMER.
TEXAS GENERAL LAND OFFICE CITY OF FORT WORTH
SELLER CUSTOMER
By By:
Larry"L.Laine,
ChiefClerk/Deputy Land Commissioner Name: Char Jas Bost,,-,
General Land Office
C; /�-7 Title: C-;f'v M o n C n P-r
Date: L �` �, /A'
Date:_0 6 /�2 r
SA APPROVED AS TO FORM AND LEGALITY:
DIV
GC
GC
�vAssistant City ttc, nE S2-9(eC/ 'Coal
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THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF SOLUTIONS CERTIFIES
THAT HE OR SHE 1S AUTHORIZED TO LEGALLY OBLIGATE SOLUTIONS. Solutions, an
assumed name of Reliant Energy Retail Services, LLC, is a signatory to this Agreement for purposes of
acknowledging its obligations to accept assignment as provided in the General Terms and Conditions.
SOLUTIONS: Attested By:
RELIANT ENERGY RETAIL SERVICES,LLC
N
d/b/a Reliant Energy Solutions �
It•larty
City Secretary
By: 411
Name::
Title: Vice President
Date:.
t000561232/2000-T0169} `
City of Fort Worth First Amendment(add/co term)061406 •
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�117 �� �'
�Y, `0 STH, TEX.
ELECTRIC SALES AGREEMENT
.APPENDIX A-1
(Streetlights)
(for use in connection with Appendix B-1)
Customer Location Information
Ctarc m CUSTOMER LOCATION COMMENCE-
# LOCATION NAME ADDRESS ClIY ST 2a TD6! EM ME NT DATE
I City of Fort Worth VARIOUS LOCATIONS FORT WORTH TX 76101 ONC � 10443720002IW74187 7/VMW
2 City of FatWatm VARIOUS LOCATIONS FORT WORTH TX 76101 ONC IM437200M4i1410 7/1/D006
3 Crq of Fat Warm VARIOUS LOCATIONS FORT WORTH TX 76101 ONC 10443720004431461 7/12006
4 Cilly of Fat WarmVARIOUS LOCATIONS FORT WORTH TX 76101 ONC ! 10443720004431442 7/1/2006
i City of Fat Warm VARIOUS LOCATIONS FORT WORTH TX 76101 ONC 10443720001431523 7/U2006
6 Cin of FortWarmVARIOUS LOCATIONS FORT WORTH TX 76101 ONC 104437200M431585 7/1!2006
__.
7 City of Fort Wath VARIOUS LOCATIONS FORT WORTH TX 76101 ONC 10443720004431616 7/12006
8 Ciwa Fad Warm VARIOUS LOCATIONS FORT WORTH TX 76101 ONC 104437200M431647 7/12006
9 City ofFad Warm STREET LWJ NG FORT WORTH TX 76262 E ONC 104437L0004432763 7/12006
Benchmark Quantity(kWh)
07/012006-07/31/2006 1,956,210 kWh
08/01/2006-08/31/2006 1,961,250 kWh
09/012006-09/30/2006 1,961,250 kWh
10/0112006-IW3102006 1,965,050 kWh
11/012006-11/30/2006 1,968,370 kWh
12/01/2006-12,131/2006 1,980,330 kWh
01/012007-01/31/2007 1,980,690 kWh
02/012007-02/28/2007 1,999,890 kWh
03/012007-03/31/2007 1,929,410 kWh
04/01/2007-04/30/2007 1,946,570 kWh
05/012007-05/31/2007 1,946,570 kWh
(000561232/2000-70169)MM-UB-072103 '• "
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First A»rmdreent(Renewal ExAm8 07)627.06 ••.•
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ELECTRIC SALES AGREEMENT
APPENDIX B-1
(Streetlights)
CONTRACT CHARGE
Total Power 2.0—Model 20 Unbundled
(for use in connection with Appendix A-1)
SELLER INVOICE
Seller shall invoice each of Customer Locations on a monthly basis. Invoices shall consist of the following
components:
1. Contract Charge;plus
2. Discretionary Service Fees(if any);plus
3. Transmission and Distribution Char&es;plus
4. Competition Charges(whether positive or negative);and
5. Other charges expressly authorized in this Agreement.
The"Contract Price" equals$0.0798 per kWh consumed at the Customer Locations specified in Appendix A-
1 and includes energy charges,capacity, fuel,Ancillary Charges,and ISO fees; provided, however,that there is
no Material Change.
Customer covenants that it shall promptly notify Seller of any event or circumstance that is likely to cause a
significant change to the load at any Customer Location(s)(a "Notice of Load Change"), including Customer's
plans for new construction, Customer Location replacement or equipment modification, planned closures,
applications for new construction permits,or new environmental limits.
In the event of a Material Change or the receipt by Seller of a Notice of Load Change, Seller and Customer will
enter into good faith negotiations to amend the Benchmark Quantity and Contract Price of this Agreement to
reflect the incremental effect of the Material Change or the incremental effect of the event or circumstance
identified in the Notice of Load Change. If the Parties agree,then Customer's Benchmark Quantity and Contract
Price shall be adjusted in accordance with that agreement, and all other terms and conditions of this Agreement
shall remain in place and continue to apply to the remaining Customer Locations. If the Parties are unable to
agree within 90 days after the occurrence or determination of an event of Material Change or the receipt by
Seller of a Notice of Load Change, the matter shall be submitted for Dispute Resolution in accordance with the
terms and procedures set forth in this Agreement.
{00056123.2/2000-T0169} �
GLO Exhibit Total Power 20 Unbundled 08/01/05
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ADDITIONAL CAPITALIZED TERMS:
"Actual Consumption"means the Energy measured or reported by the TDSP or estimated by Seller for the
Customer Location for a month for scalar meters and for each hour for IDR meters.
"Ancillary Charges" means, for each Customer Location, all charges assessed by ERCOT for services
necessary to maintain reliable operation of the transmission system in order to support the transmission of
Energy from the source of generation to the points of demand.
"Benchmark Quantity" means Customer's expected monthly kWh electricity consumption for the Term
applicable to the Customer Locations specified in Appendix A-1.
"Competition Charges" means, for each Customer Location, any or all of the following charges:
competition transition charges; transition charges as defined in the PURA; excess mitigation credits; and/or
substantially similar charges associated with, or resulting from, the opening of the electric market in the
State of Texas to REPS, including the recovery of stranded costs as defined by the PURA and increases in
transmission and distribution rates charged by the TDSP that result from,or are otherwise attributable to,the
redirection of depreciation expenses.
"Discretionary Service Fees" means all non-routine deposits, connection fees, metering charges,
installation costs for equipment to maintain a Power Factor of not less than 95%lagging at each Customer
Location meter, assessments by the TDSP in respect of any Power Factor at any Customer Location meter,
or any similar amounts that are assessed by and payable to the TDSP related to the purchase and installation
of meters and associated equipment and the Customer's use of such equipment to establish or maintain
electric service at a Customer Location or to maintain TDSP system requirements, or other charges for
equipment or services requested by Customer or required by the TDSP.
"Material Change" means for any two consecutive months: Customer's metered consumption for each
month is less than 75%of the Benchmark Quantity specified in Appendix A-1 or is greater than 125%of the
Benchmark Quantity specified in Appendix A-1.
"Power Factor" means the ratio of kW to kilovolt amperes expressed as a percentage, calculated by
dividing kW by kilovolt amperes.
"Transmission and Distribution Charges" means, for each Customer Location, all transmission and
distribution charges and other cost recovery charges and fees outlined in the TDSP's tariff and billed to
Solutions for TDSP's services to deliver Energy to the applicable Customer Location; provided. such
charges and fees will not include any Competition Charges
{00056123.2/2000-TO1691
GLO Exhibit Total Power 20 Unbundled 08/01/05 • •
City of Fort Worth_3.31.05
First Amendment(Renewal Ending 07)_6.27.06 �, ^ i ;�^^ •
1-308415 (B-1)
2 CITY SNS HAUY
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