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)