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Resolution No. 4779 1 2 3 4 RESOLUTION NO. 4779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE EXECUTION OF A SECOND CONTRACT BY AND BETWEEN BETHLEHEM STEEL CORPO- RATION AND THE CITY OF VERNON WHICH PROVIDES FOR ELECTRICAL SERVICES 5 6 WHEREAS, the City of Vernon in Ordinance No. 905 7 provided that an individual customer may enter into a contract 8 for electrical services if there are special circumstances which 9 would affect its demand of electrial energy; and 10 11 12 13 14 15 16 WHEREAS, the City of Vernon and Bethlehem Steel Corpo- ration had entered into an agreement pursuant to Resolution No. 4754 to provide electrical services and said agreement will expire on March 20, 1981; and WHEREAS, Bethlehem Steel Corporation has requested the City of Vernon to enter into a second contract to provide electrical services at a special contractual rate; and 17 WHEREAS, the City of VernOn has offered to enter into 18 19 20 21 22 23 24 25 a second contract to provide electrical services to Bethlehem Steel Corporation at a special rate which will reflect Bethlehem Steel Corporation's reduced demand for energy during "on-peak" periods and will recover the City of Vernon's full costs in providing said services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ~HE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon 26 hereby finds and determines that the recitals contained herein- 27 above are true and correct. 28 SECTION 2: That the City Council of the City of Vernon 1 hereby approves the execution of the Contract which is attached 2 hereto as Exhibit "A" and incorporated herein as though fully 3 set forth at length and authorizes the Mayor and the City Clerk 4 to execute said Agreement for and on behalf of the City Council 5 of the Ci ty of Vernon. 6 SECTION 3: That the City Clerk of the City of Vernon 7 shall certify to the passage of this Resolution and thereupon 8 and thereafter the same shall be in full force and effect. 9 APPROVED AND ADOPTED this 17th day of March, 1981. 10 11 12 13 14 15 16 ',-- A;?~_,,~~ BRUCE V. MALKENHORST, City Clerk 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 ,6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 " 25 26 27 28 STATE OF CALIFORNIA I 'j I I , I I ! ss. COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 4779 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular meeting of the City Council held on Tuesday, March 17 , 19 81. ~~~ BRUCE V. HALKI::NHORST, City Clerk ( SEAL) -3- SECOND CONTRACT FOR ELECTRICAL SERVICE THIS AGREEMENT is made, entered into and executed in duplicate, and to be performed in Vernon, California as of the 20th day of March 1981 BY AND BETWEEN CITY OF VERNON, a Municipal Corporation (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND BETHLEHEM STEEL CORPORATION (hereinafter referred to as "Bethlehem Steel") Pacific Coast Division 3300 East Slauson Avenue Vernon, CA 90058 RECITALS WHEREAS, the City of Vernon in Ordinance No. 905 provided that an individual customer may enter into a contract for electrical' services if there are special circumstances which would affect its demand for electrical energy; and WHEREAS, the City and Bethlehem Steel had entered into an agreement pursuant to Resolution No. 4754 to provide electrical services and said agreement will expire on March 20, 1981; and WHEREAS, Bethlehem Steel has requested the City to enter into a second contract to provide electrical services at a special contractual rate; and EXHIBIT "A" WHEREAS, Mr. Lewis R. Adams, Director of Water and Power, has submitted a report indicating that a special contract rate in accordance with said restrictions would reimburse to the City all costs associated with providing said services to Bethlehem Steel; and WHEREAS, the City has offered to enter into a second contract to provide electrical services to Bethlehem Steel at a special rate which will reflect Bethlehem Steel's reduced demand for energy during "on-peak" periods and will recover the City's full costs in providing said services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: Special Contract Operating Conditions. Bethlehem Steel hereby agrees to operate its facilities in such a ~anner which will result in decreased electrical demand and energy needs during the City's "on-peak" time periods. SECTION 2: "On-Peak" Periods Defined. "On-peak" period is defined as weekdays from 12 noon to 6:00 p.m. Pacific Standard Time commencing on May 15th and ending on November 14th of each year, and weekdays from 5:00 p.m. to 10:00 p.m. Pacific Standard Time commencing November 15th and ending on May 14th of the following year, each exclusive of holidays. Holidays include New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas. Any holiday falling on a Sunday shall be qbserved on the following Monday. SECTION 3: Billing Demand. The billing demand 'shall be the kilowatts of maximum "on-peak" -2- demand but not less than fifty percent (50%) of the highest maximum "on-peak" demand established during the time this contract is in effect. SECTION 4: Maximum Demand. The maximum demand in any month shall be measured maximum average kilowatt imput, indicated or recorded by instruments to be supplied by City, during any 30-minute metered interval in the month. Where demand is intermittent or subject to violent fluctuations, a 5-minute interval may be used. SECTION 5: Rates. Bethlehem Steel agrees to pay the following rates during the terms of this Agreement and City agrees to make the following charges during the term of this Agreement. Demand Charge: Per Heter Per Month First 11,200 KWS or less of billing demand $100,000.00 All excess KWS of billing demand, per KW 6.913 Energy Charge (to be added to Demand Charge) : All KWH, per KWH 2.5l0~ Minimum Charge: The monthly minimum charge shall be the monthly demand. Energy Cost Adjustment Billing Factor: All energy used shall be charged the then current energy adjustment billing demand factor adopted by resolution of the City Council. Said energy ad- justment billing demand factor shall be applied to the energy consumed by Bethlehem Steel in the same. fashion as if Bethlehem Steel were still part of the A-8 classification. -3- -4- Power Factor Adjustment: The charges will be adjusted each month for reactive demand. The charges will be increased by twenty cents (20t) perkilovar of maximum reactive demand imposed on the utility in excess of twenty percent (20%) of the number of kilowatts of billing demand. The maximum reactive demand shall be the highest co- incident measured maximum average kilovar demand, in- dicated or recorded by metering to be supplLed by the utility during any 30-minute metered interval in the month. The kilovars shall be determined to the nearest unit. A device will be installed on each kilovar meter to prevent reverse operation of the 'meter. SECTION 6: Voltage Service and Voltage Discount. Service will be supplied only at 66,000 volts of service and charges before adjustments will be reduced by five percent (5%) for all energy delivered and metered at 66,000 volts. SECTION 7: Temporary Discontinuance of Service. Where the use of energy is seasonal or intermittent, no ad- justments will be made for a temporary discontinuance of service. The customer prior to resuming service, after such service was discontinued, will be required to pay all charges which would have been billed if the service had not been discontinued. SECTION 8: Monthly Billing Date. The monthly billing meter reading times and dates shall coinci?e with Edison Company's monthly billing meter reading times and dates for -4- -5- IN WITNESS WHEREOF the parties hereby have executed this Contract, or caused it to be executed as of the day, month and year first above written. CITY OF VERNON By r- c~...z.,~ eonis C. Mal '-- ATTEST: By Bruce V. Malkenhorst, City Clerk BETHLEHEM STEEL CORPORATION By APPROVED AS TO FORM: CITY ATTORNEY By David B. Brearley -6-