Resolution No. 8761
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RESOLUTION NO. 8761
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING A FORM INTERRUPTIBLE SERVICE
AGREEMENT FOR CUSTOMERS THAT ARE ABLE TO RECEIVE
INTERRUPTIBLE SERVICE UNDER RATE SCHEDULE TOU-I
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12 No. TOU-I, a qualified customer is required to sign an agreement with
13 the City in order to receive interruptible service under the Schedule;
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15 WHEREAS, by letter dated May 26, 2005, Bruce V. Malkenhorst,
16 City Administrator/City Clerk, recommended that a Form Interruptible
17 Service Agreement be approved and adopted.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
19 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
21 finds and determines that the recitals contained hereinabove are true
22 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
24 approves and adopts the form Interruptible Service Agreement attached
25 hereto as Exhibit A and incorporated by reference, tor use by the
26 Vernon Light & Power Department and qualified customers taking service
27 under Rate Schedule No. TOU-I, with the intent that the same shall be
28 a binding contract between the City and the customer upon acceptance
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1 by the Chief Executive Officer of the Light & Power Department.
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SECTION 3:
The City Council of the City of Vernon hereby
3 authorizes and empowers the Chief Executive Officer of the Light &
4 Power and/or his designee to execute individual copies of the form
5 Interruptible Service Agreement on an as-needed basis and to make
6 whatever nonsubstantive and administrative changes, upon advice of
7 counsel, to the form Interruptible Service Agreement as is necessary
8 to carry out the intent of this Resolution. Such additions, deletions
9 and other changes therein as the Chief Executive Officer of the Light
10 & Power and/or his designee executing the Agreement may approve, is
11 conclusively evidenced by the execution and delivery of the Agreement.
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SECTION 4:
The City Clerk of the City of .Vernon shall
13 certify to the passage of this resolution, and thereupon and
14 thereafter the same shall be in full force and effect.
15 APPROVED AND ADOPTED this 1st day of June, 2005.
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EqNIS c. MAL URG, ayor
ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
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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.
8761, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 1,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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EXHIBIT
A
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INTERRUPTIBLE SERVICE AGREEMENT
The CITY OF VERNON ("Vernon") hereby agrees to provide interruptible electric service to
("Customer"),
under Schedule TOU- I . as this schedule now exists or may hereafter be amended or
superseded, a copy of which is attached hereto and by this reference inc~rporated herein.
1. CUSTOMER AGREES TO:
1.1
Take service under Rate Schedule
TOU-I
as follows:
Firm Service Level:
kW
Maximum Demand 12.650 kW
Load Interruption Within
30
Minute (s)
Interruptible Demand:
kW
1.2 Provide private, unlisted telephone lines dedicated solely fur notification of a Period of
Interruption.
1.3 Demonstrate the ability to disconnect all loads except the specified Finn Service Level.
This can be accomplished through a live simulation Period of Interruption coordinated
with Vernon.
1.4 Comply with Sections 1.2 and 1.3, within 30 days of recei'fing a Temporary or Final
Certificate of Occupancy from Vernon.
2. COMMENCEMENT OF SERVICE: Service under this Agreememt and credits applicable to
the interruptible rate schedule, shall not commence until the next r~gular meter reading
following Vernon's verification that the Customer has complied with all provisions of Section
1.
3. NONCOMPLIANCE: The Customer's noncompliance with any <)fthe terms and/or
Conditions of the interruptible schedule and/or this Agreement may result in an excess demand
charge and/or the cancellation of all interruptible credits. Howeve~, the non-complying
customer remains subject to all terms and conditions of their inteIl11ptible schedule and this
Agreement. The Customer's interruptible credits may again be applicable after the next regular
meter reading following the date Vernon determines the Customer is in compliance with all
terms and conditions of the interruptible schedule and this Agreem~nt.
4. INDEMNITY: Customer shall defend at its own cost and indemnify and hold harmless
Vernon, its officers, agents, employees, assigns and successors in interest from and against any
and all liability (including liability based upon negligence and liability without fault), damages,
costs, losses, clmms; aemanas, actIons, causes ot actIon, attorneys' tees and expenses, or any ot
..thetn,.Tesulting from the death or injury to anX persop or damage to any property, inc!udi.ng .the
property and/or personnel of Customer, to the extent cau sed byaemOn initiating a Period of
Interruption (as defined in the applicable tarifl) and/or by Custo er's electric service being
disconnected or reconnected by Vernon and/or Customer pursu t thereto.
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5. ENTIRE AGREEMENT: This Agreement and the declaration(s) required by the applicable
interruptible rate schedule constitutes the sole, only and entire agreement and understanding
between the Parties as to the subject matter of this. Agreement. Prior agreements, commitments
or representations, whether expressed or implied, and discussions between the Parties shall not
be construed to be a part of this Agreement unless contained herein.
6. NONWAIVER: The failure of either Party to enforce any of the Iterms and conditions or to
exercise any right or privilege in this Agreement shall not be construed as a waiver of any such
terms and conditions or rights or privileges and the same shall continue and remain in force and
effect as if no such failure to enforce or exercise had occurred.
IN WITNESS WHEREOF, Vernon and Customer have executed this Ag~ment this
of
day
,
City of Vernon
CUSTOMER
BY:
BY:
TITLE:
Account Number:
Mailing Address:
Commencement of Service Date