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1121 - Resolution - Puget Sound Power for Municipal Sewage Pumping Power#832. 40 RESOLUTION NO. //....v /. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTRACT WITH PUGET SOUND POWER & LIGHT COMPANY FOR FURNISHING MUNICIPAL SEWAGE PUMPING POWER .................................... (Service Furnished) WHEREAS, PUGET SOUND POWER & LIGHT COMPANY has offered to furnish for a period of .............................ten .... .... ....years, upon the terms set forth in the following proposed form of contract, to -wit: Page 1 of Resolution Account No. 5285-0060 #832.01 6-72 ELECTRIC SERVICE CONTRACT PUGET SOUND POWER & LIGHT COMPANY ("Company") and CITY OF PORT ORCIL�RD ("Purchaser'') agree as follows: FIRST: This contract is for Municipal Sewage Pumping Power SECOND: TERM. The term of this contract is for an initial period of ter_ 10) consecutive years beginning February 1 , 19 73 , and thereafter for successive periods of the same number of years, until terminated at the end of any such period, initial or successive, by either party de- livering notice of termination to the other party at least thirty (30) dayspriorto the expiration of such period. If addressed to a party's address last known to the sending party and mailed in the United States mail, notice shall be deemed delivered to that party on the third day following the day of posting. THIRD: DELIVERY. In consideration of the mutual promises, and subject to the limitations herein con- tained, the Company agrees to reserve for and furnish to Purchaser, and Purchaser agrees to buy from the Company at the rates herein fixed, all electric service required or used to operate Purchaser's facilities or additions or renewals thereof in the same location, and to meet the electrical energy requirements of said facilities only with electrical energy purchased from the Company. Said facilities are located and described as follows: Pumping station within the sewage treatment plant located at the intersection of Port Orchard Street and Sidney Parkway. Said electric service shall be three-phase, sixty hertz, alternating electric current at approximately 7200 volts, and the Company agrees to furnish not exceeding 30 KW The point of delivery shall be at the primary or 7200 volt side of the transformers installed on a Company pole near the above described location. Metering point to be within the treatment plant. " Metering Voltage: Transformer Rental: Transformer Losses: One location - 240 volt. Yes - Two (2) 15 KVA 7200/120-240 volt transformers. To be added monthly because of secondary metering - 0.6 KW - 438 KWH. If Purchaser shall move said facilities to a new location or shall abandon the present facilities and continue the same or similar activities at a new location, the Company shall have the option, if it so elects, to furnish electric service at the new location, and, if the Company so elects, the Purchaser agrees to purchase from the Company such electric service and all the electrical energy requirements of the Purchaser's facilities at the new location pursuant to the Company's then applicable schedules and tariffs. ELECTRIC SERVICE CONTRACT, i ,,ge 2 FOURTH: RATES. Purchaser agrees to pay for the electric service furnished, at the following rates: WN U-58 Original Sheet No. 40 T SOUND POWER L LIGHT COMPANY ELECTRIC TARIFF G SCHEDULE 40 MUNICIPAL PUMPING SERVICE (Three phase at the available primary distribution voltage) RECEIVED APR. 10, 1972 WASH. UT. E TRANS. COMM. rorcommW"m'.Y.. IptSL,, r 'AILABILITY: 1. This schedule applies to municipal pumping and sewage treatment service upon execution of a standard contract for a term of not less than ten (10) years. Service may include incidental loads directly related to the pumping and sewage treatment activity when approved by the Company. 2. All necessary wiring, transformers, switches, cut-outs and protection. equipment beyond the Point of Delivery shall be provided, installed, and maintained by the Customer, and such service facilities shall be of types and characteristics acceptable to the Company. The entire service installation, protection coordination, and the balance of the load between phases shall have the approval of the Company's engineers. DNTHLY RATE: Demand Charge: $1.85 per KW of Maximum Demand plus Energy Charge: 0.76C per KWH for the first 25,000 KWH 0.64E per KWH for the next 25,000 KWH 0.53C per KWH for the next 50,000 KWH 0.47C per KWH for all over 100,000 KWH AXIMUM DEMAND: The highest Demand supplied during the month as determined by a demand meter. At the Company's option, Maximum Demand may be determined by test or load check. INIMUM CHARGE: $4.25 per month ENERAL RULES AND PROVISIONS: Service under this schedule is subject to the General Rules and Provisions contained in this tariff. Iasued^AP. r i_).....1.0.,.... 1.972...................__...._........_...._ ERective...._Ap r i l 18,_ 1972 By authority of order of the Washington Utilities and Transportation r.,_:­ __ ram...- u,. n_7i_in - Issued by_PUUT5O0D..,POHi:R,.G._L.IGH7COMPANY By_ John W. Ellis ride_ Vice._ President sue. s ----._._.._..—_.... -- - - ...._-.. _.._.._...... FIFTH PURCHASER'S SHUT —DOWNS. Purchaser shall not be required to accept service or pay a minimum charge when it is unable to operate its electrical equipment on account of strikes and/or other labor disputes, the acts of public officers or other conditions beyond its control, market conditions excepted. Within twenty-four hours after any such shutdown Purchaser shall give Company written notice thereof in order that meters may be read. . ELECTRIC SERVICE CONTRACT, F-age 3 If Purchaser violates any provision of this contract the Company may, at its option, without waiving any other right hereunder, discontinue service hereunder until such breach shall be remedied. SIXTH: SUBJECT TO REGULATORY AUTHORITY. The rights and obligations of the parties here- under are subject to the authority of any regulatory agency having jurisdiction and to the Company's appli- cable schedules and tariffs, as they may be amended from time to time, on file with any such regulatory agency, including, without limitation, the Company's General Rules and Provisions and its Tax Adjustment Schedule on file with the Washington Utilities and Transportation Commission, all of which schedules and tariffs are by this reference incorporated herein and made a part hereof. The rates hereunder are subject to change by authority of any such regulatory agency or upon the effectiveness of a superseding schedule of rates governing the electric service rendered hereunder filed with such regulatory agency. Upon the effective date of such change, the Purchaser shall therafter pay for service at the new rate. Dated this 12th . day of March , 19 73—, Witness: R. G. Lloyd City Clerk Witness: H. L. COX CITY OF PORT ORCHARD Purchaser By Pe D. Powers, Jr. �! Mayor PUGET SOUND POWER & LIGHT COMPANY By— R. H. SWfiRTZELT_ �'`!,1E=.R 4 „:;_li::G & RAT" #&50.20 6 72 EQUIPMENT RENTAL CONTRACT PUGET SOUND POWER & LIGHT COMPANY, as Lessor, agrees to rent to CITY OF PORT ORCHARD as Lessee, upon the terms hereinafter stated, the foliowing electrical equipment, to -wit: Two (2) 15 KVA 7200/120-240 volt transformers and cutouts to provide electric service for sewage pumping at Orchard Street and Sidney Parkway. Date equipment installed Renewal Contract 1. Said equipment shall be installed by the Lessor upon the said premises of the Lessee described in that certain Municipal Sewage Pumping Power Electric Service Contract between the parties hereto effective February 1, 1973 and shall at all times be and remain the personal property of the Lessor and shall not be removed from said premises without the Lessor's written consent and the Lessee agrees to use reasonable care to protect said equipment from injury in its possession. 2. The Lessor shall be responsible for the maintenance of the equipment provided that the Lessor shall not be responsible for maintaining or repairing any failure or impairment of equipment's efficient operating condition caused by the Lessee's negli- gence, willful misconduct or breach of its obligation hereunder. Renewal Contract 3. The Lessee agrees to pay to Lessor upon demand the sum of $ None — to cover costs of installation and further agrees to pay to the Lessor as consideration for the use of said equipment the sum of $ 6.06 per month Regular on the Billing day of each month. 4. Unless otherwise provided herein, this rental contract shall run for the same time as, and terminate with, the Electric Service Contract above mentioned; provided a breach by the Lessee of any of the terms hereof will entitle the Lessor to ter- minate this rental contract upon five (5) days' written notice to the Lessee. At the expiration or termination hereof Lessor may remove its equipment from the premises. 5. THE OBLIGATIONS ASSUMED BY THE LESSOR IN PARAGRAPH 2 OF THIS RENTAL CONTRACT ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND THE LESSEE HEREBY ACCEPTS THE EQUIPMENT IN AN "AS IS" CONDITION. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PERSONS OR PROPERTY ARISING IN CONNECTION WITH THIS RENTAL CONTRACT OR THE CONDITION OF THE EQUIPMENT. DATED this 12th day of March 119 73 CITY OF PORT ORCHARD Lessee By 4: 446",�,L; -r Paul D. Powers, Jr. MAYOR PUGET SOUND POWER & LIGHT COMPANY, Lessor By R. H. SWARTZELt' bi r;J o� I .yF;;Eii ,G & RIATf3 w8 2 40 i2-4d NOW, THEREFORE, BE IT RESOLVED by the...... Council ................................... (Council or Commission) of the ... ..... .... _ .g1.tY.. ..of ..Port Orchard _ ..that a __......._.... _ . ........... (City or Town) contract be entered into with Puget Sound Power & Light Company for the furnishing of Municipal. Sewage.,P,umping Power _........ .... _ _ ... _ . __ ........ .... . ... ..._ .. _._ upon the terms above proposed, and that the Mayor be and he hereby is authorized and directed to execute and deliver such contract on behalf and in the name of the City... .. .. . ........... and the Clerk be and he hereby is authorized ....... . (City or Town) and directed to attest such contract and to affix thereto the seal of the...... City..o.f... ......... Port Orchard ................................................................... (City or Town) Duly adopted this..............I;Zt ............day of .... ..Mareb................................ ., 19 .73 .......... Paul D. Pawers, Jr. i Mayor. ATTEST: ................... .................. R. G. Lloyd erk. Page ...........of Resolution