Resolution No. 4870
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RESOLUTION NO. 4870
A RESOLUTION.oF THE CITY COUNCIL OF THE CITY
OF VE~NON APPROVING THE EXECU'l'IONOF A THIRO
CONTRACT BY AND BETWEEN BYRON JACKSON PUMP
DIVISION, BORG - WARNER CORPORATION, AND THE
CITY .oF VERNON WHICH PROVIOES FOR E:LECTRICAL
SERVICES
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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 energy; and
WHEREAS, the City of Vernon and Byron Jackson Pump
Division, Borq'- Warner Corporation, has entered into an
agreement pursuant to Resolution No. 4822 as amended by
Resolution No. 4846 to provide electrical services and said
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agreement will exp:ire on January 15, 1982; and
WHEREAS, Byron Jackson Pump Division, Borg - Warner
Corporat:ion, has requested the City of Vernon to enter into a
third contract to provide electrical services at a special
contractual rate; and
WHEREAS, Bruce V. Malkenhorst, Chief ExecutiveOffic~r
of the Light and power Department, has submitted a report
indicating that'a special individuali:i?:ed contract rate for two
separate meter facilities in accordance with certain restrictions
would reimbu,rse to' the City of Vernon all costs associated with
providing said electrical service to Byron Jackson pump Pivision,
Borg - Warner Corporation; and
(,
WHEREAS, the City of Vernon has offered to enter into
a third contract to provide electricaL services to Byron Jackson
1 Pump Division, Borg -Warner Corporation, at a ,special rate whioh
2 will reflect Byron Jackson Pump Division's reduqed demand for
3 energy during "on-peak" periods and will recover the City of
4 Vernon's full costs in providing said services.
5 J:Il'OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
6 OF THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That the City Council of the City of
8 Vernon hereby finds and determines that the recitals contained
9 hereinabove are true and correct.
10 SECTION 2: That the City Council of the Cit.yof
11 Vernon hereby approves, the execution of the Contract which is
12 attached hereto as Exhibit "A" and incorporated herein as
13 though fully set forth at length and authorizes the Mayor and
14 the City Clerk to execute said Agreement for and on behalf of
15 the City Council of the ,Ci ty of Vernon.
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SECTION 3: That the City Clerk of the City .of Vernon.
17 shall certify to the passage of this ResolutioTI and thereupon
'18 and thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 5th day of January, 1982.
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~.,....'.'..."...,....D
---. ! LEONIS C. t<~~'
\------^ \
ATTEST:
&4d<<i;:;y~~
BRUCE V. MALKENHORST, City Clerk
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1 S'l'A'l'B Of'CALIFORNIA
~_; :~i .
2 COUN'l'YOF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City.Of
5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 4870
, was duly adopted by the City Council
7 of the city of Vernon, and was approved by the M~yor of said
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8 City at a regular llleeting of the City Council held on Tuesd(;l.Y,
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lram~ary 5
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#~~~~ k
BRUCE V. HALKENHORST, Cl.ty C er
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THIRD
CONTRACT FOR ELECTRICAL SERVICE
THIS AGREEMENT is made, entered into and executed in duplicate
originals, either copy of which maybe considered and used as. the ot"iginal
hereof for all purposes, and to be performed in Vernon., California, as
of the 15th day Of January, 1982
BY AND BET,^1EEN
CITY OF VERNON" a Municipal
Corporation (hereinafter
re ferreo. to as" City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND
BYRON JACKSON PUUP DIVISION
Borg - Warner Corporation
2300 East Vernon Avenue
Los Anqeles, California
(hereinafter, referred to as
II 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 electrical energy;
and
WHEREAS, the City and Byron Jackson has entered, into an agreement
pursuant to Resolution No. 4822 to provide electrical services and said
agreement will expire on January 15, 1982; and
.lXHIBIT
A
1'"
WHEREAS, the City and Byron Jackson have entered into an amended
agreement pursuant to Resolution No., 4846 which became effective on
October 7, 1981; and
WHEREAS, Byron Jackson has requested the City to enter into. a
third contract to. provide electrical services at a special contractual
rate; 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 all.
costs associa.ted withprovidinq said electrical service to Byron Jackson;
and
WHEREAS, the City has offered to enter into a third contr.act to
pt"ovide electrical services to Byron Jackson at a special rate which
will reflect Byron Jackson's reduced demand for eneray 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 Operatinq 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 periods.
SECTION 2: "On-Peak" Periods Defined.
The "on-peak" period is defined as weekdays from 1:00 p.m. to
7:00 p.m. commencing at 12:01 a.m. May 1 and continuing throu9h
October 31 of each year and weekdays from 5:00 p.m. to 10:00 p.m.
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commencing at 12:01 a.m. November 1 and continuing through April ,~O pf
the following year, each exclusive of holidays. Holidays include New
Year's Day, Washington's Birthday, Memorial Day, Independence DaYt L.;1bor
Day, Veteran's Day, Thanksgiving Day, and Christmas.
SECTION 3:
Billina Demand.
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The billing demand shall be the kilowatts of maximum "on-peak "
demand established during the time this contract is in effect.
SECTION 4: Haximum 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 any30...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.
Byron Jackson agrees to. pay the fOllowing rates during the terms
of tni$ Agreement and City agrees to make the fOllowing charges
durinq theterm.of this Agreement.
A. KHJETIC METER FACILITY (ACCOUNT #9522005)
PER METER
PER MONTH
Customer Charge:
$ 28,000.00
Demand Charge:
All KWS of billing demand, per K\v
$
8.00
Energy Charge (to be added to demand
charge) :
All KWHtper KWH
4.411c;t
Added Facilities Charge:
Added facilities' charge pursuant to
Ordinance No. 911 shall continue to
be apPliCable
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Minimum Charge:
The monthly minimum charge shall be
the monthly customer charge
'EnergyCbst Adjustment Billing Factor:
All .energy'usedshall be charged the then
curre.ntenergy adjustment billing demand
f~ctor adopted by resolution of the City
Council. Said energy adjustment billing
demand factor shall be applied to the
energy consumed by Byron Jackson (Kinetic
?-leter Facility) in the same fashion as if
Byron Jackson (Kinetic Meter Facility) were
still part of the A-8 cl~ssification.
Power Factor Adjustment:
The charges will be adjusted each month for
reactive. demand. Th~ 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, indicated or recorded by metering to be
supplied by the utility during any 30~minute
metered interval in the month. Thekilovars
shall be determined to the nearest unit. A
device will be installed on each kilovar. meter
to prevent reverse operation of the meter.
B. BYRON JACKSON ("BEE JAY") METER FACILITY (Account #9523015)
Custo~er. Charge:
Demand Charge:
All KWS of billing demand, per KW
Energy Charge (to be added to demand charge) :
All K~'lH, per KWH
Added Facilities Charge:
Added facilities charge pursuant to
Ordinance No. 911 shall continue
to be applicable
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PER METER
PER MONTH
$ 12,000.00
$
8.00
4.411t
Minimum Charge:
The monthly minimum charge shall be
the monthly 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 ("Bee Jay"
Meter Facility) in the same fashion .asif Byron
Jackson (IIBee Jay" 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 (20ft) 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, 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.
SECTION 6: Voltage Service.
A. KINETIC METER FACILITY:
Service will be supplied only at 66,000 volts of service.
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B. BYRON JACKSON ("BEE JAY") HETER FACILITY:
Service will be supplied only at 4,000 volts of service.
SECTION 7: Temporary Discontinuance of Service.
~vhere the use of en~rgy is seasonable or intermittent, no
adjustments will be made., for a temporary discontinuance of service. The
customer prior to resuming service, after such service was discontinued,
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will be required to pay all charges which would have been billed if the
service had not been discontinued.
SECTION 8: Monthly BillinoDate.
The monthly billing meter reading times and dates shall coincide
with Edison Company monthly billing meter reading times and dates fot"
the Vernon sYEitem purchased power.
SECTION 9: BnergyCost Adjustment.
The rates above are subject to adjustment as provided for in
Part Gof the Preliminary Statement. The applicable energy cost and
adjustment billing factors will be applied to KWH's billedpurSuCirlt to
this Contract.
SECTION 10: Term of Contract.
This Contract shall be'effective on January 15, 1982 and shall
continue through December :n, 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,relationshipto'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
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apply a rate for services which will not reimburse the City for all of
its costs associated with providinq 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
fi,rst above written.
CITY OF VERNON
By
Leonis C. Malburg, Mayor
ATTEST:
By
Bruce V. Malkennorst,city Clerk
BYRON JACKSON PUMP DIVISION
Borg - Warner Corporat:i,on
By
APPROVED AS TO FORM:
City Attorney
By
David B.Brearley
.
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:
THIRD
CONTRACT FOR 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 15th day of January, 1982
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 electrical energy;
and
WHEREAS, the City and Byron Jackson has entered into an agreement
pursuant to Resolution No. 4822 to provide electrical services and said
agreement will expire on January 15, 1982; and
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f
.
I,
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WHEREAS, the City and Byron Jackson have entered into an amended
agreement pursuant to Resolution No. 4846 which became effective on
October 7, 1981; and
WHEREAS, Byron Jackson has requested the City to enter into a
third contract to provide electrical services at a special contractual
rate; 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 all
costs associated with providing said electrical service to Byron Jackson;
and
WHEREAS, the City has offered to enter into a third 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 MUTUAL 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 periods.
SECTION 2: "On-Peak" Periods Defined.
The "on-peak" period is defined as weekdays from 1:00 p.m. to
7:00 p.m. commencing at 12:01 a.m. May 1 and continuing through
October 31 of each year and weekdays from 5:00 p.m. to 10:00 p.m.
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commencing at 12:01 a.m. November 1 and continuing through April 30 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.
SECTION 3: Billinq Demand.
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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, a S-minute interval
may be used.
SECTION 5: Rates.
Byron Jackson 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.
A. KINETIC METER FACILITY (ACCOUNT #9522005)
PER METER
PER MONTH
Customer Charge:
$ 28,000.00
Demand Charge:
All ~lS of billing demand, per KW
$
8.00
Energy Charge (to be added to demand
charge) :
All KWH, per KWH
4.411t
Added Facilities Charge:
Added facilities charge pursuant to
Ordinance No. 911 shall continue to
be applicable
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~
'.
.
"
Minimum Charge:
The monthly minimum charge shall be
the monthly 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 determined to the nearest unit. A
device will be installed on each kilovar meter
to prevent reverse operation of the meter.
B. BYRON JACKSON ("BEE JAY") METER FACILITY (Account #9523015)
PER METER
PER MONTH
Customer Charge:
$ 12,000.00
Demand Charge:
All KWS of billing demand, per KW
$
8.00
Energy Charge (to be added to demand charge) :
All KWH, per KWH
4.411t
Added Facilities Charge:
Added facilities charge
Ordinance No. 911 shall
to be applicable
plflrsuant to
cQntinue
!
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...4-
~.
:.
.
<.
Minimum Charge:
The monthly minimum charge shall be
the monthly 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 ("Bee Jay"
Meter Facility) in the same fashion as if Byron
crackson ("Bee Jay" 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 (20i) 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.
SECTION 6: Voltage Service.
A. KINETIC METER FACILITY:
Service will be supplied only at 66,000 volts of service.
B. BYRON JACKSON ("BEE JAY") l'1ETER FACILITY:
Service will be supplied only at 4,000 volts of service.
SECTION 7: Temporary Discontinuance of Service.
Where the use of energy is seasonable or intermittent, no
adjustments will be made for a temporary discontinuance of service. The
customer prior to resuming service, after such service was discontinued,
-5-
*
"
.
",. .
'!~
,
'.
.
..
will be required to pay all charges which would have been billed if the
service had not been discontinued.
SECTION 8: Monthly Billinq Date.
The monthly billing meter reading times and dates shall coincide
with Edison Company monthly billing meter reading times and dates for
the Vernon system purchased power.
SECTION 9: Energy Cost Adjustment.
The rates above are 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 January 15, 1982 and shall
continue through December 31, 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
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"
I
,
'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
ATTEST:
6~~/d~
Bruce V. Malkenhorst, City Clerk
By
BYRON JACKSON PUMP DIVISION
BOr) - \varn~r ,. Corporation
k C- Ill;;::uAV
GJ~ '57-
APPROVED AS TO FORM:
City Attorney
~~~I~A~
avid B. Brearley
By
-7-
January 5, 1982
TO:
FROM:
Bruce V. Ma1kenhorst,City Administrator
Lewis R. Adams, Operations Manager Light & Power Department
SUBJECT: SPECIAL CONTRACT RATE FOR BYRON JACKSON, pur~p DIVISION, BORG
WARNER CORPORATION
The second contract between Byron Jackson and the City of
Vernon which provides for special electrical rates3 approved by
the City Council by Resolution No. 4822, expires on January 15,
1982. A review of the contract rate has been made and the de-
sired result of providing savings to Byron Jackson while
recovering all city costs has been achieved.
It is .anticipated the Southern California Edison's resale
rates to the City wi 11 remain at present 1 eve 1 for the next
twelve months and that other conditions will a150 remain static.
It is recommended, therefore,. that a third contract be presented
to the City Counci 1 for approval \lJi th all rates and conditi ons
remaining the same, except that the term be for a twelve month
period, expiring on January 15, 1983.
~e4~lc~
LRA:la