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1104 - Resolution - Puget Sound Power for Municipal Water Pumping PowerRESOLUTION NO ....... U94............ RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTRACT WITH PUGET SOUND POWER & LIGHT COMPANY FOR FURNISHING MUNICIPAL WATER PUKING POWER ........................................................................................................................................... (Service Furnished) WHEREAS, PUGET SOUND POWER & LIGHT COMPANY has offered to furnish for a period of...............t.n years, upon the terms set forth in the following proposed form of contract, to -wit: Page 1 of Resolution Account No. 5285-2810.1 -$32.13 1-70 MUNICIPAL WATER PUMPING POWER CONTRACT—— of PUGET SOUND POWER & LIGHT COMPANY, -herein called "Company", and the City (Town or City Port Orchard , a municipal corporation of the State of Washington, herein called "City10, agree as follows: FIRST: This contract covers only power used in connection with the operation of water distribution systems. SECOND: DELIVERY - In consideration of the payments, and subject to the limi- tations, herein stipulated, the Company agrees for a period of 10 consecutive years, beginning March 22 , 19 71 , to reserve for a— furnish to the City, and City agrees during said period to buy exclusively from the Company, at the rates herein fixed, all electric power required to operate the City's water pumping plant or plants located and described as follows: On Maple Street approximately 450 feet S.W. of the intersection of Maple and State Highway No. 14 in Port Orchard. Metering Voltage - One location - 480 volts. Transformer Rental - Yes - Three (3) 3731 KVA 7200/480 volt transformers. Transformer Losses - To be added monthly because of secondary metering - 2.25 KW - 1643 KWH. Said electric power shall be three-phase, sixty cycle, alternating current at approximately 7200 volts. Company agrees to furnish not exceeding 115 kilowatts but will furnish any additional amount required by the City if it has the power available. The point of delivery shall be at the primary or 7200 volt side of the transformers which are located on a Company pole near the above described pumping plant. Metering point to be at pump house in space provided by the City for that purpose. THIRD: RATES - The City agrees to pay the following rates, same being Schedule No. 40 of the Company's Electric Tariff I, filed with the Washington Utilities Transportation Commission: Schedules 80 & 81 Demand Charge - $1.67 per month per kilowatt, or major portion thereof, of maximum demand. Energy Charge - 0.66� per kilowatt hour for the first 25,000 kilowatt hours used per month. 0.56t per kilowatt hour for the next 25,000 kilowatt hours used per month. 0.46G per kilowatt hour for the next 50,000 kilowatt hours used per month. 0.41� per kilowatt hour for all over 100,000 kilowatt hours used per month. Said rates are subject to change in accordance with the laws of the State of Washington and whenever a new schedule of rates for the same service is made effective the City shall thereafter pay the new rates; provided, if the new rates are higher than those herein fixed, the City shall be entitled to cancel this contract. All bills shall be payable within ten days from their date. FOURTH: MEASUREMENT - Maximum demand, consumption and power factor shall be measured by commercially accurate maximum demand, watt hour and power factor meters furnished and installed by Company, suitable space for which shall be furnished by the City; provided, maximum demand and power factor may at Company's option be de- termined either by meters or by check of service. The maximum demand for any month is understood to be the average kilowatt demand, or average rate of use measured in kilowatts, during the fifteen minute interval in which the consumption of electric energy is greater than during any other fifteen minute interval in the month. AI-.-t N ^ 5285 2R1 n_ 1 832.14 1-70 MUNICIPAL WATER PUMPING POWER CONTRACT - Page 2 FIFTH: USE OF EQUIPMENT - The City agrees to install and maintain in good con- dition proper equipment for the use of such power and to save the Company harmless from all liability for any loss or damage caused by such equipment to either party hereto or to any person whomsoever; not to sell to others any electric power fur- nished hereunder, nor use or permit others to use any of such power in any other place or for any other purpose than to operate said plant. City agrees to notify the Company before making any increase in the connected load and to operate its electric equipment so as not to impair the general service rendered by Company to its other customers. If the City's use shall impair such service to other customers, the City will, upon demand, install the proper appara- tus to prevent City's power factor from falling below 85 per cent, and Company shalihave the right to discontinue service to the City until such apparatus is installed. The City agrees to use reasonable diligence to protect the Company's property from injury and Company shall have free access to all parts of the premises where its electricity is used, to inspect, repair, remove and replace its property. SIXTH: SERVICE INTERRUPTIONS - Company shall use reasonable diligence to furnish uninterrupted service but shall not be liable for any interruptions caused by strikes and/or other labor disputes, accidents or acts of God, or by any cause beyond the control of the Company, or by the necessity for making repairs or changes in the Company's equipment and facilities, and the City waives and shall not assert any claims against the Company for damages to the City caused by any suspension, interruption, failure or curtailment of service by the Company under this agreement attributable in any manner to national war emergency, including voluntary coopera- tion by the Company in any method of operation or in any program recommended or requested by civil or military i§uthorities. No temporary interruption shall cancel this contract. SEVENTH: The Company shall have the right to cancel this contract if any part of the Company's property used for the rendition of this service is taken by emi- nent domain, or if such service can no longer be rendered by reason of franchise expiration and the inability of the Company to secure a renewal thereof. DATED THIS 26th day of April I , 19 7- Attest: ity Clerk Wi tness: CITY OF PORT ORCHARD By rTt" , .� :gf 17 Mayor PUGET SOUND POWER & LIGHT COMPANY By . -� L. t, t R. H. SWARTZELL RECTOR OF RATES & CONTRACTS TRANSFORMER RENTAL CONTRACT This Agreement Witnesseth: That PUGET SOUND POWER & LIGHT COMPANY, as Lessor, has rented to .............CITY OF PORT ORCHARD as Lessee, upon the terms hereinafter stated, the following electrical equipment, to -wit: Three (3) 37'-1 KVA, 7200/480 volt transformers and cutouts for use at the Maple Street pumping plant. 1. Said equipment shall be installed by the Lessor upon the said premises of the Lessee described in that certain...... Municipal. Water .Pumping Power Contract between the parties hereto effective .........................................................................and shall at all times be and remain the 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 while in its possession. 2. The Lessee agrees to pay to Lessor upon demand the sum of $..... None —...Renewa..l Contract. ...... .................................... to cover costs of installation and further agrees to pay to the Lessor as consideration for the use of said egullar equipment the sum of $...... 18..93 ..........................................per month on the.. Billing ........ day of each month. 3. This rental contract shall run for the same time as, and terminate with, the power contract above mentioned; provided a breach by the Lessee of any of the terms hereof will entitle the Lessor to terminate 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. DATED this....... 4.6VI ........... day of ....... April ............................................, i9... %1.. CITYOF PORT ORCHARD .................................................................................................., Lessee ............................................. PUGET SOUND POWER & LIGHT COMPANY, Lessor NOW, THEREFORE, BE IT RESOLVED by the........ COUNC.IL....................................... (Councll or Commission) CITY PORT ORCHARD of the......................................................................of................ ........that a ................................................. . (City or Town) contract be entered into with Puget Sound Power & Light Company for the furnishing of WATER PUMPING 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........ OF PORT ORCHARD ..................................................................................... (City or Town) Duly adopted this...... 24#....................day of ........ .. April ............................, 19...71 �. 4.-a.................. yor. 'TT ST: Paee............ of Resolution