Resolution No. 4822
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RESOLUTION NO. 4822
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING THE EXECUTION OF
A SECOND CONTRACT BY AND BE~~EEN BYRON
JACKSON PUMP DIVISION, BORG - WARNER
CORPORATION, AND THE CITY OF VERNON WHICH
PROVIDES FOR ELECTRICAL SERVICES
WHEREAS, the City of Vernon in Ordinance No. 911
provided that an individual customer may enter into a contract
for electrical services if there are special circumstances which
can affect its demand for electrical energYi and
WHEREAS, the City of Vernon and Byron Jackson Pump
Division, Borg - Warner Corporation, has entered into an agreemen
pursuant to Resolution No. 4804 to provide electrical services
and said agre~ment will expire on July 15, 1981i and
WHEREAS, Byron Jackson Pump Division, Borg-Warner
Corporation has requested the City of Vernon to enter into a
second contract to provide electrical services at a special
contractual ratei and
WHEREAS, Bruce V. Malkenhorst, Chief Executive Officer
of the Light and Power Department, has submitted a report
indicating that a special individualized contract rate for two
separate meter facilities in accordance with certain restrictions
would reimburse to the City of Vernon all costs associated with
providing said electrical service to Byron Jackson Pump Division,
Borg - Warner Corporationi and
WHEREAS, the City of Vernon has offered to enter into
a second contract to provide electrical services to Byron Jackson
Pump Division, Borg -- Warner Corporation, at a special rate which
will reflect Byron Jackson Pump Divisionis reduced demand for
1 energy during "on-peak" periods and will recover the City of
2 Vernon's full costs in providing said services.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
4 OF THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of
6 Vernon hereby finds and determines that the recitals contained
7 hereinabove are true and correct.
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SECTION 2: That the City Council of the City of
9 Vernon hereby approves the execution of the Contract which is
10 attacl1ed hereto as Exhibit "A" and incorporated herein as
11 though fUlly set forth at length and authorizes the Mayor and
12 the City Clerk to execute said Agreement for and on behalf of
13 the City Council of the City of Vernon.
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SECTION 3: That the City Clerk of the City of Vernon
15 shall certify to the ,passage of this Resolution and thereupon
16 and thereafter the same shall be in full force and effect.
17 APPROVED AND ADOPTED this 7th day of July, 1981.
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ATTEST:
~.~a~
BRUCE V. MALKENHORST, C~ty Clerk
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1 STATE OF CALIFORNIA )
) SSe
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City ,of
5 Verno.n, do hereby certify that the foregoing Resolution, being
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Resolution No. 4822
, was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the City Council held on Tuesday,
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15 (SEAL)
Julv 7
, 1981.
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SECOND
CONTRACT EQ!! ELECTRICAL SERVICE
THIS AGREEMENT is made, entered into and executed in duplicate
originals, either copy of which may be considered and used as the original
hereof for all purposes, and to be performed in Vernon, California as
of the
day of
, 1981
BY AND BETWEEN
CITY OF VERNON, a Municipal
Corporation (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND
BYRON JACKSON PUMP DIVISION
Borg - Warner Corporation
2300 East Vernon Avenue
Los Angeles, California
(hereinafter referred to as
"Byron Jackson")
RECITALS
WHEREAS, the City in Ordinance No. 911 provided that an individual
customer may enter into a contract for electrical service if there are
special circumstances which can affect its demand for electricalenergYi
and
WHEREAS, the City and Byron Jackson has entered into an
agreement pursuant to Resolution No. 4804 to provide electrical services
EXHIBIT
A
-
.
WHEREAS, Bruce V. Malkenhorst, Chief Executive Officer of the
Light and Power Department, has submitted a report indicating that a
special individualized contract rate for two separate meter facilities
in accordance with certain restrictio.ns would reimburse to the City all
costs associated with providing said electrical service to Byron Jacksoni
and.
WHEREAS, the City has offered to enter into a second contract
to provide electrical services to Byron Jackson at a special rate which
will reflect Byron Jackson'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 t4UTUAL COVENANTS,
PROMISES AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE
AS FOLLOWS:
SECTION 1: Special Contract Operating Conditions.
Byron Jackson hereby agrees to operate its facilities in such a
manner which will result in decreased electrical demand and energy needs
during the City's "on-peak" time perio.ds.
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EXHI BIT /l
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 ISth 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 observed on the following Monday.
SECTION 3: Billing Demand.
The billing demand shall be the kilowatts of 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, as-minute
interval may be used.
SECTION 5: Rates.
Byron Jackson agrees to pay the following rates during the
term of this Agreement and City agrees to make the following charges
during the term of this Agreement.
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EXHIBIT
k,
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A. KINETIC ME~ER FACILITY (ACCOUNT #9S22005)
PER METER
PER MONTH
Customer Charge:
$ 28,000.00
Demand Charge:
All KWS of billing demand, per KW
Energy Charge (to be added to demand
charge) :
All KWH, per KWH
$
8.00
4.411t
Added Facilities Charge:
Added facilities charge pursuant to
Ordinance No. 911 shall continue
to be applicable
Minimum Charge:
The monthly minimum charge shall be
the montbly customer charge
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
adjustment billing demand factor shall be applied
to the energy consumed by Byron Jackson (Kinetic
Meter Facility) in the same fashion as if Byron
Jackson (Kinetic Meter Facility) were still part
of the A-8 classification.
Power FactOr Adjustment:
The charges will be adjusted each month for
reactive demand. The charges will be increased
by twenty cents (20t) per kilovar 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, indicated or recorded by metering to be
supplied by the utility during any 30-minute
metered interval in the month. The kilovars
shall be determin.ed to the nearest unit. A
deviCe will be installed on each kilovar meter
to prevent reverse operation of the meter.
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EXHIBIT
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B. BYRON JACKSON ("BEE JAY") METER FACILITY. (ACCOUNT #9523015)
PER METER
PER 'MONTH
Customer Charge:
$ 12,000.00
Demand Charge:
All t<WS .of billing demand, per KW
Energy Charge (to be added to demand Gharge):
All KWH, per KWH
$
8.00
4.411t
Added Facilities Charge:
Added facilities charge pursuant to
OrdinanGe No. .911 shall continue
to be apPlicable
Minimum Charge:
The monthly minimum charge shall be
the monthly customer charge
Energy Cost Adjustment Billing Factor:
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All energy used shall be charged the then current
energy adjustment billing demand factor adopted
by resolution of the City Council. Saidenergy
adjustment billing demand factor shall be
applied to the energy consumed by Byron Jackson
("Bee Jay" ~leter Facility) in the same fashion
as if Byron Jackson ("Bee Jay" Meter Facility)
were still part ,of the A-a classification.
Power Factor Adjustment;
The ,charges will be adjusted each month for
reactive demand. The charges will be increased
by twenty cents (20t) per kilovar 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, indicated or recorded by metering to be
supplied 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.
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EXHIBtT
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SECTION 6: Voltage Service.
A. KINETIC METER FACILITY:
Service will be supplied only at 66,000 volts of service.
B. BYRON JACKSON ("BEE JAY") METER FACILITY:
Service will be supplied only at 4,000 volts of service.
SECTION 7: TemJ?orary Discontinuance of Service.
Where the use of energy is seClsonable or intermittent, no
adjustments will be made for a temporary discontinuance of service. The
custOWer 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 9: Ener9Y Cost Adjustment.
The rates above Clre subject to adjustment as provided for in
Part G of the Preliminary Statement. The apPlicable energy cost and
adjustment billing factors will be applied to KWH's billed pursuant to
this contract.
SECTION 10: Term of Contract.
This Contract shall be effective on July 15, 1981 and shall
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EXHIBIT A t
continue through January 15, 1982. However, in the event that the
Federal Energy Regulatory Commission or Southern California Edison
Company takes any action which would increase the cost to the City then
the City shall be permitted to adjust the rates provided for above in
order to recover any such additional increase in costs.
SECTION 11: Special Conditions.
All conditions of the Vernon A-8 Schedule as authorized by the
City by Ordinance Nos. 895, 898, 905, and 911
except where
inconsistent with any of the conditions provided for herein, shall be in
effect. In the event there is a dispute concerning the interpretation of
any of the terms or conditions of this Contract or its relationship to
the Vernon A.-8 Schedule, said dispute shall be resolved by agreement of
the parties but under no circumstances shall the City be obligated to
apply a rate for services which will not reimburse the City for all of
its costs associated with providing said service to Byron Jackson.
IN WITNESS WHEREOF the parties hereto have executed this
Contract, Or caused it to be executed as of the day, month and year first
above written.
CITY OF VERNON
By
LEO~IS C. MALBURG, Mayor
ATTEST:
By
BRUCE V. MALKENHORST, City Clerk
BYRON JACKSON PUMP DIVISIO~
BOrg - Warner Corporation
By
APPROVED AS TO FORM:
City Attorney
Byb~D, \)~
DAVID B. BREARLEY.. .
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EXHIBIT
A