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HomeMy WebLinkAbout5.432 Original Contract !:::;. 1 &Z- , AGREEMENT FOR SALE OF SHORT TERM SURPLUS POWER TIllS AGREEMENT is entered into the 27th day of June, 1997, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as "City"), and Daishowa America, Inc. (hereinafter referred to as "Daishowa"). WITNESSETH: WHEREAS, the Bonneville Power Administration (hereinafter referred to as "Bonneville" or "BP A") has agreed to make available to the City surplus fIrm energy at a fIxed rate for a limited period of time for use at Daishowa's electric boiler located in the City of Port Angeles, pursuant to various periodic confIrmation agreements between the City and BP A (hereinafter referred to as "confIrmation agreements"); and WHEREAS, it is in the best interests of the citizens of Port Angeles to enter into a contractual arrangement with Daishowa in order to pass through this special rate in the limited circumstances authorized by Bonneville; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Effective Date of Agreement. This Agreement shall be effective when signed by both parties. 2. Term of Agreement. This Agreement shall be in effect until terminated by either party with ten days written notice. 3. Sale of Power and Price. The City agrees to provide power to Daishowa and Daishowa agrees to purchase power from the City at the corresponding BP A rate for this purchase plus applicable ancillary service charges and taxes. 4. Ancillary Services. The City shall provide load shaping, load regulation, reactive power and other customary services ancillary to the delivery of power. The charge for such services will be charged under the City's regular IT -96 rate schedule as set forth in P AMC 13.12.071. 5. Point of Delivery. The point of delivery for power provided under this Agreement shall be the same as the point of delivery under the Bonneville Agreement. - 1 - , 6. Administrative and Operational Provisions. Unless otherwise specified in this Agreement, all administrative and operational provisions required to perform this Agreement shall be those contained in the City's utility ordinances as set forth in Title 13 of the Port Angeles Municipal Code, including but not limited to provisions related to billing, payment, and access to facilities. Daishowa shall make available meter readings and recorded charts necessary to establish monthly billing. 7. Force Majeure. Neither party hereto shall be liable for any delay or default in providing or taking power hereunder due to any cause beyond its control which prevents the operation of its facilities, including but not limited to acts of God or the public enemy, acts of the federal or state government, floods, volcanic eruptions, wars, fIres, storms, labor disputes, weather conditions, interruptions of transportation, freight embargoes, or delays in delivery of material, equipment or service. If either party is unable to perform due to a force majeure event, such party shall use due diligence to remove such inability. 8. Assignment. Neither party hereto may assign its rights hereunder without the prior written consent of the other party. 9. Applicable Law. The law of the State of Washington shall govern this Agreement. 10. Captions. Captions or section headings contained in this Agreement are inserted only as a matter of convenience and in no way defme, limit, or extend the scope or intent of this Agreement or any provision hereof. 11. Complete Agreement. This Agreement (together with the confIrmation agreements) constitutes the entire agreement between Daishowa and the City with respect to the transaction contemplated herein and there are no other agreements written or oral. Any changes in the terms and conditions of this Agreement must be made in writing, identifIed as a part of this Agreement, and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year fIrst above written. CITY OF PORT ANGELES DAISHOW A AMERICA, INC. BY~~ Ro ert 1. Ti s, Deputy Director of Utility Services and Permits Date: ,'/7-7/9 '7 -2- 5, </ 3~ AGREEMENT FOR SALE OF SHORT TERM SURPLUS POWER THIS AGREEMENT is entered into the 7th day of April, 1997, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as "City"), and Daishowa America, Inc. (hereinafter referred to as "Daishowa"). WITNESSETH: WHEREAS, the Bonneville Power Administration (hereinafter referred to as "Bonneville" or "BP A") has agreed to make available to the City surplus firm energy at a fixed rate for a limited period of time for use at Daishowa's electric boiler located in the City of Port Angeles, pursuant to a confirmation agreement dated April 5, 1997 (hereinafter referred to as the "Bonneville Agreement"); and WHEREAS, it is in the best interests of the citizens of Port Angeles to enter into a contractual arrangement with Daishowa in order to pass through this special rate in the limited circumstances authorized by Bonneville; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Effective Date of Agreement. This Agreement shall be effective when signed by both parties. 2. Term of Agreement. This Agreement shall be in effect for the months of April, May, and June, 1997. 3. Sale of Power and Price. The City agrees to provide power to Daishowa and Daishowa agrees to purchase power from the City at the corresponding BP A rate for this purchase plus applicable ancillary service charges and taxes, as set forth in Exhibit ");'. 4. Ancillary Services. The City shall provide load shaping, load regulation, reactive power and other customary services ancillary to the delivery of power. The charge for such services will be charged under the City's regular IT -96 rate schedule as set forth in P AMC 13.12.071 and Exhibit "A". Transmission charges will not be charged as long as the boiler is operated within the time constraints listed in Exhibit "A". 5. Point of Delivery. The point of delivery for power provided under this Agreement shall be the same as the point of delivery under the Bonneville Agreement. - 1 - 6. Administrative and Operationsl Provisions. Unless otherwise specified in this Agreement, all administrative and operational provisions required to perform this Agreement shall be those contained in the City's utility ordinances as set forth in Title 13 of the Port Angeles Municipal Code, including but not limited to provisions related to billing, payment, and access to facilities. 7. Force Majeure. Neither party hereto shall be liable for any delay or default in providing or taking power hereunder due to any cause beyond its control which prevents the operation of its facilities, including but not limited to acts of God or the public enemy, acts of the federal or state government, floods, volcanic eruptions, wars, fires, storms, labor disputes, weather conditions, interruptions of transportation, freight embargoes, or delays in delivery of material, equipment or service. If either party is unable to perform due to a force majeure event, such party shall use due diligence to remove such inability. 8. Assignment. Neither party hereto may assign its rights hereunder without the prior written consent of the other party. 9. Applicable Law. The law of the State of Washington shall govern this Agreement. 10. Captions. Captions or section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit, or extend the scope or intent of this Agreement or any provision hereof. 11. Complete Agreement. This Agreement constitutes the entire agreement between Daishowa and the City with respect to the transaction contemplated herein and there are no other agreements written or oral. Any changes in the terms and conditions of this Agreement must be made in writing, identified as a part of this Agreement, and signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. CITY OF PORT ANGELES DAISHOW A AMERICA, INC. By & bert 1. Ti , Deputy Director of Utility Services and Permits Date: 4/7/97 A \POWER A97 -2- '- EXHffiIT A 1. Daishowa's electric boiler may be operated all hours except the following hours: April 7:00 am to 11 :00 am every day except Sunday May 7:00 am to 3:00 pm every day except Sunday June 9:00 am to 5:00 pm every day except Sunday. The electric boiler may be operated all day on Sundays. 2. Base rate, ancillary service charges, and taxes shall be as follows: a. Price at BPA's fixed rate: 7.28/mwh b. Ancillary services (billed on regular PF billing): Load regulation: Load shaping: . 28/mwh . 32/mwh c. State and local taxes at applicable rates.