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HomeMy WebLinkAbout1992-07 BPA AgreementRESOLUTION NO. 92-~ A RESOLUTION APPROVING AN AGREEMENT WITH THE BONNEVILLE POWER ADMINISTRATION FOR RECIPROCAL OPERATION AND EMERGENCY REPAIRS. WHEREAS, the Bonneville Power Administration and the City of Ashland cooperate to operate and repair each other's facilities at the request of the other party under emergency conditions. WHEREAS, this arrangement should be recognized by formal agreement. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council as follows: SECTION 1. The attached Contract No. DE-MS79-92BP93628 with the Bonneville Power Administration is hereby approved. SECTION 2. The Mayor and City Recorder are hereby authorized to sign the agreement on behalf of the City. The foregoing Resolution was READ and DULY ADOPTED on the 4th day of February, 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of February, 1992. Catherine M. Golden Mayor In reply refer to: LG Department of Energy Bonneville Power Administration Eugene District Office 211 East Seventh Avenue, Room 206 Eugene, Oregon 97401-2722 January 30, 1992 Brian Almquist City Administrator & General Manager City of Ashland 20 E. Main Street Ashland, Oregon 97520 Dear Brian: Enclosed are 2 copies of a Reciprocal Operation and Emergency Repair Agreement, Contract No. DE-MS79-92BP93628. The agreement provides for Bonneville and Ashland to operate and repair each others facilities at the request of the owner party under emergency conditions. If the agreement meets with the City Council's approval, please (1) have the Council pass a resolution approving execution, (2) have both copies signed in accord with the resolution, and (3) send (aj both signed copies of the agreement and (b) an originally signed copy of the resolution to us. If there are any questions, please call Bob Rasmussen at 465-6953. Sincerely, ~Bol~ Laffel District Manager Contract No. DE-MS79-92BP93628 RECIPROCAL OPERATING and EMERGENCY REPAIR AGREEMENT executed by the UNITED STATES OF AMERICA DEPARTMENT OF ENERGY acting~'by'and through the BONNEVILLE POWER~ADMINISTRATION and CITY OF ASHLAND Index to Sections Section Term of Agreement ........................ Exhibits ............................ 3. Operation and Repair of Facilities ................ 4. Payment ............................. 5. Permit ............................. Page 3 6. Hazardous Materials ....................... 7. Liability ............................ 6 Section Page Exhibit A (Provisions Required by Statute or Executive Order dated 03-16-82) ....................... This RECIPROCAL OPERATING AND EMERGENCY REPAIR AGREEMENT, executed April 21 , 1992, by the UNITED STATES OF AMERICA (Government), Department of Energy, acting by and through the BONNEVILLE POWER ADMINISTRATION (Bonneville), and CITY OF ASHLA~ND (City), a municipal corporation of the State of Oregon, W I T N E S S E T H: WHEREAS the parties hereto, on December 18, 1981, executed a power sales contract, designated as Contract No. DE-MS79-81BP90432, (which as amended or replaced, is hereinafter referred to as "Power Sales Contract"), which provides for the sale to the City of its firm power requirements 'by Bonneville; and WHEREAS the parties hereto own, operate, and maintain their respective transmission systems, consisting of transmission lines, substations, and related facilities; and WHEREAS it is mutually beneficial if Bonneville and the City furnish operating services on a reciprocal basis, and provide emergency re, pair of electrical facilities on a reciprocal basis; and WHEREAS Bonneville is authorized pursuant to law to market electric power and energy generated at various Federal hydroelectric projects in the Pacific Northwest, or acquired from other resources, to construct and operate transmission facilities, to provide transmission and other services, and to enter into agreements to carry out such authority; NOW, THEREFORE, the parties hereto mutually agree as follows:: 1. Term of Agreement. This Agreement shall be effective at 2400 hours on the date of execution (Effective Date), and shall continue in effect until terminated by either party upon 30 days written notice to the other; provided, however, that all obligations incurred hereunder are hereby preserved until satisfied. 2. Exhibit. Exhibit A is hereby made a part of this Agreement. In Exhibit A, the City shall be the "contractor". 3. Operation and Repair of Facilities. Subject to the other conditions contained herein, either party hereto shall, upon request, render assistance in operation of or emergency repair to electrical facilities owned or controlled by the party requesting service herein (Requesting Party), to the extent that the party requested to render assistance hereunder (Performing Party) determines in its sole discretion that qualified personnel and adequate equipment are available for such purpose. Such requests may be submitted whenever circumstances regarding operation or repair are such that it would cause undue delay for the Requesting Party to dispatch its crews to effect the necessary operation or repair. Requests for assistance shall be made on behalf of Bonneville by its power dispatcher, and on behalf of the City by its authorized representative. Each party hereto shall provide the other party with six copies of one-line electrical diagrams of substations and other facilities to be operated or repaired herein, showing equipment identification numbers and detailing the arrangement of such installed equipment. Such diagrams shall be replaced as necessary due to system changes. After completion of each operating or repair service, the Performing Party shall securely lock the substation and related facilities in accordance with the substation owner's security procedures. Each party agrees to use its best efforts to assure that all operation or repair work performed herein will be done in accordance with accepted utility practices; provided, ho__wever, that no express or implied warranties are given with respect to such work. (a) Operation. Upon acceptance of a request for operating services, the Performing Party shall, to the extent personnel are available, perform such operations with reasonable dispatch at the facilities in accordance with such requests. Written operating instructions posted in the substations shall be observed by the employees, contractors, and representatives of the Performing Party and shall be considered to constitute orders of the Requesting Party. Such operating instructions shall be reviewed from time to time by designated operating personnel of both parties to determine if such instructions are adequate for service herein. The operating services to be performed herein shall consist principally of the operation of circuit breakers and disconnect switches, changing of high voltage fuses, and reading meters. (b) Repair. (1) Upon acceptance of a request for emergency repair service, the Performing Party shall perform with reasonable dispatch the repairs to the facilities as requested by the Requesting Party, in accordance with special information which may be supplied with such request. Ail such calls for service shall, to the extent possible, describe the details of the repairs needed, the type of ,~quipment, and number of persons necessary to effect the repairs. (2) The Performing Party providing the repair crew and equipment shall furnish a supervisor who shall be directly in charge of the crew; pro¥ide.~, however, that the Requesting Party shall provide the Performing Party with any necessary instructions or specialized information that will facilitate making repairs herein.. (c) Replacement Part~. The Requesting Party shall, for such operation or repair specified herein and upon election by the Performing Party, either: (1) provide all replacement parts at the Requesting Farty's expense; (2) reimburse the Performing Party for parts the Performing Party may provide; or (3) replace such parts in kind at the Requesting Party's expense. 4. Payment. The Requesting Party shall reimburse the Performing Party for the actual costs and expenses of performing such work and supplying any material including overhead reasonably allocable thereto, as dete:~mined in accordance with the Performing Party's customary utility accounting procedures, ~ithin 30 days from receipt of an itemized statement of such costs and expenses; provided, however, that the Performing Party shall not receive reimbursement for switching operations performed to test for trouble or to clear for maintenance on its own system. 5. Permit. A permit for the purpose of operating and perfc, rming repairs, pursuant to Section 3 herein, on transmission facilities and in the substations and switching stations of the parties hereto, together with the right to enter at all reasonable times is hereby granted by each party to the other party, its employees, contractors, and representatives during the term of this Agreement. 6. Hazardous Materials. (a) Unless otherwise agreed to by the Parties, when installing City owned equipment in Government facilities and when performing operation and maintenance (O&M) of such equipment, Bonneville shall, at the City's expense, assure compliance with the Environmental Protection Agency's (EPA's) polychlorinated biphenyl regulations (40 CFR 761), as well as other Federal, state, and local hazardous material regulations and guidelines which are applicable to the City at the time Bonne~ville performs the duties specified in Section 3 above. (b) Unless otherwise agreed to by the Parties, when installing City owned equipment in Government facilities and when performing O&M of such equipment, the City shall, at the City's expense, assure compliance with the EPA's polychlorinated biphenyl regulations (40 CFR 761), as well as other, Federal, State and local, hazardous material regulatioms and guidelines which are applicable to the City at the time the City performs the duties specified in Section 3 above. (c) Unless approved by Bonneville, the use of hazardous materials, as defined by the Resource Conservation Recovery Act, is prohibited. 7. Liability. (a) The Requesting Party agrees that it has constructed and installed, and will operate, maintain, and use its equipment, which it requests be operated or repaired by the Performing Party pursuant to this Agreement, in conformance with accepted utility practices, and that the Performing Party shall not be responsible for any failure to maintain such facilities in such condition. (b) If the Performing Party, prior to performing its duties herein, determines that the Requesting Party has not constructed, installed, operated, maintained, or used its equipment to be operated or repaired by the Performing Party in conformance with accepted utility practices, the Performing Party shall not be obligated to perform herein, mhd the Requesting Party shall have no obligations under this Agreement to modify such equipment or change its construction, installation, operation, maintenance, or use procedures, due to such determination by the Performing Party. (c) Each party agrees that the Performing Party shall not be liable for any damage or consequences whatsoever resulting from any refusal to render service, or any failure or delay in offering to make personnel or equipment available. (d) Each party agrees that employees and contractors of the Performing Party remain solely such party's legal responsibility and under such party's supervision and control when performing any services ~mder this Agreement. The Performing Party agrees to indemnify, save, and hold the Requesting Party, and its employees and representatives, harmless from any and all liability or claims of liability, for death, injuries or damages sustained by the Performing Party, its employees or contractors, in the exercise of any of the rights or performance of any of the services under this Agreement, except where such injuries or damages result from the negligence of the Requesting Party, its employees, contractors, or representatives. (e) The Requesting Party agrees to indemnify, save and hold the Performing Party, and its employees, contractors, and representatives, harmless from any and all liability or claims of liability for death, injuries or damages sustained by the Requesting Party, its employees, or contractors or by any third persons, resulting from the performance of any of the services under this Agreement, except where such injuries or damages result from the negligence of the Performing Party, its employees, contractors or representatives. · IN WITNESS WHEREOF, the parties hereto have executed this Agreement in several counterparts. , UNITED STATES OF AMERICA Department of Energy Bonneville Power AdmiD~stration · Effective Date CITY OF A~HLAND · ,...~'~. ~ . By.('" d%~ '~ ~,~.~ ...... -/~'].... ~'~ '-~'L'"d':-~'t------ ATTEST Title Date (VS4-LC-4258D)