Loading...
HomeMy WebLinkAboutRes 14-96 05/07/1996 VWL 5/1/96 5~2~96 RESOLUTION NO. 14-96 A RESOLUTION AUTHORIZING EXECUTION OF AN ELECTRIC SERVICE CONTRACT BETVVEEN THE VILLAGE OF MOUNT PROSPECT AND COMMONWEALTH EDISON COMPANY VVHEREAS, the Village of Mount Prospect, having entered into a service agreement with Commonwealth Edison, is eligible under Rate 24 for specified electric services; and WHEREAS, the Village of Mount Prospect is desirous of obtaining electdc and other services from Commonwealth Edison on the terms and conditions set forth for Rate 24. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees have determined that it would be in the best interest of the Village of Mount Prospect to enter into a Rate 24 Service Contract with Commonwealth Edison. SECTION TVVO: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the Village Manager of the Village of MOunt Prospect to execute the Rate 24 Service Contract from Commonwealth Edison in substantially the same form attached hereto as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: Cl owes PASSED and APPROVED this 7th day of May ,1996. ATTEST: Carol A. Fields Village Clerk VILLAGE OF MT. PROSPECT ELECTRIC SERVICE CONTRACT Rate 24 This Electric Service Contract (this "Contract") dated as of February 7, 1996, between COMMONWEALTH EDISON COMPANY, an ]illinois corporation (hereinafter called the "Company'S), and the V~LAGE OF MT. PROSPECT, (hereinafter called the "Customer"). RECITALS 1. The Customer is eligible under Rate 24 for the electric service provided for under this Contract. 2. The Customer desires to procure from the Company, and the Company desires to provide the Customer, electric supply and other services on the terms and conditions set forth herein. NOW TI-1F, REFORE, the parties agree as follows: 1. Electric Su_n_nly. 1.1 (a) The Company will supply to the Customer, and Customer will take and purchase from the Company, all electricity required by the Customer for water supply and sewage pumping purposes, as well as for incidental lighting and power purposes not to exceed 5% of pumping load, on the premises occupied by the Customer at the pumping plant site(s) (the "Premises") listed on the attached Supplement (the "Supplement") for the period set forth in Section 1.2. (b) The electricity to be supplied pursuant to this Contract shall not exceed the Customer's estimate of Maximum Demand in any monthly billing period, for each of the Premises as stated in the Supplement. (c) Electricity will be supplied to additional pumping sites requested by the Customer in writing, mutually agreed upon and added to the Supplement as part of the Contract as required. (d) No changes with respect to pumping sites shall be made to this Contract or deemed effective except as requested by the Customer in writing, mutually agreed upon and added to the Supplement as part of the Contract as required. 1.2. Period. Electric service under this Contract will commence on or about February 7, 1996 (the "Inception Date"). Electric service under this Contract shall expire at the end of 60 monthly billing periods after the Inception Date. The Contract shall be automatically renewed for a term of 12 months, unless written notice is given by either party not less than 30 days prior to any expiration date. 13 ~. The Customer will receive and pay for electric service under (i)Rate 24, (ii) Riders 7, 20, 23, 28, and 31, (iii)Terms and Conditions, and (iv)any other applicable rates, riders or tariffs, in each case as the items in clauses (i) - (iv) are on file with the Illinois Commerce Commission from time to time and as the same may be added, deleted, modified or amended from time to time. 2. Electric Service Station. (a) The Customer hereby grants the Company the right to install, construct, and maintain on each Premises listed in the Supplement an Electric Service Station including transformers, protective apparatus, supply line, and other electrical equipment (collectively "Equipment") in connection with supplying electric service to the Customer by the Company at the listed Premises. The Customer grants the Company the right to cross the Customer's property to serve other users of electric service with the Equipment. (b) The Equipment which is owned, furnished or installed by the Company shall be maintained by and remain the property of the Company, and the Company shall have free access to the Premises at all reasonable times for the purpose of installing, operating, maintaining, repairing, altering, or removing any of the Equipment. In the event such Equipment includes primary cable not in duct, the Customer agrees that the strip in which the cable is installed will be kept free from any over building or other obstruction that might interfere with the Company's ability to maintain such cable. (c) In the event the Customer ceases to use the Company's electric service, the Company shall within 60 days after receipt of a written request from the Customer, remove all of the Company's Equipment located on the Premises. (d) The Customer agrees, at the Customer's expense, to provide and maintain in a good, safe and proper state of repair all facilities furnished by the Customer in connection with the installation of the Equipment. In the case of a vault or ground-type Electric Service Station, the enclosure, foundation, fill and similar facilities shall be furnished by the Customer in accordance with the Company's specifications. 3. General. This Contract (i) may be executed in multiple counterparts, each of which shall be deemed an original and which, taken together, shall be deemed to express the single agreement of the parties; (ii) shall not be altered or amended except by an instrument in writing executed by authorized representatives of the parties; (iii) constitutes the entire agreement and merges and supersedes ail prior agreements, understandings, and negotiations, both written and oral, between the parties with respect to the subject matter of this Contract; (iv) is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns; (v) may not be assigned (nor may any rights hereunder be assigned) without the prior written consent of the other party; provided that neither party shall withhold its consent to any such assignment if its rights hereunder will not be adversely affected thereby; (vi) does not confer any rights upon any person other than the parties and their respective successors and permitted assigns; (vii) may be performed by the Company through the use of agents and subcontractors (but such use shall not relieve the Company of any obligation hereunder); and (viii) shall be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles. Any provision of this Contract which is prohibited or unenforceable in a specific situation in any jurisdiction shall not affect the validity or enforceability of: (a) that provision in another situation or in any other jurisdiction, or (b) the other provisions of this Contract if such other provisions could then continue to conform with the purposes of this Contract and the terms and requirements of applicable law. A waiver by either party of any default by the other party of this Contract shall not be deemed to be a continuing waiver or a waiver of any other provision of this Contract, but shall apply solely to the instance to which the waiver is directed. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Contract. 4. Notices. All notices or requests required or contemplated to be given hereunder to the Company or the Customer shall be directed to such party at the following addresses: If to the Company: Commonwealth Edison Company 201 N. Arthur Avenue Mt. Prospect, IL 60056-2295 If to the Customer: Village of Mt. Prospect ~,~.,, ........... ~,.~ IaO 5 ~_$o~) fir'. Mt. Prospect, IL 60056 In Witness Whereof, the parties have executed this Contract as of ~ Z~ , ff~. ACCEPTED BY: FOR THE COMPANY: ~ FOR l~g ~ff6~ Signature ~' 7 Sign nature y ' Dennis J. ,ieschke Print Name Print Name Re~onal Accounts Market Manager Official Capacity Official Capacity Mail bills to: Village of Mt. Prospect ................ ~..~ ..... /a-t~ ~. ~Y~5&~ ~' Mt. Prospect, IL 60056 J14341§-5 The Company agrees to furnish and maintain on the Customer's premises metering equipment in excess of a standard metering installation w measure the elecuicity supplied to the Customer, as deecribod below, for which the Customer agrees to pay a total monthly rental of $2.90. 1. Actual Metering Equipment Monthly Rental 8 Three Phase, Self Contained, Class 100 & 200 watthour meters IHI ~ $2.90 aa ..................................... $23.20 8 Three Phase, Trenstormar Rated, Ctass 10 watthour meters (dl ~ $6.00 aa ............................................ $30.00 12 Recording Demand Register - electronic (R} @ $9.40 ea ......................................................................... $112.80 2 277 or 4~80 voit potential transformers iA} ~ $2.8S aa ...................................................................... $5.70 8 480 Volt & under, under 1200A, indoor current Transformers (Al ~ $1 ~28 aa ......................................... $10.00 2 480 Volt & under, 1200-2000A, indoor currant transformers ICl ~ $4.70 en .................................. ~ ...... $9.40 Total (Item 1) ...... $191.10 2. Standard Metering Equipment 7 Three Phase, Self Contained, Class 100 & 200 watthour meters (H) @ $2.90 ea ..................................... $20.30 5 Three Phase, Transformer Rated, Class 10 washout meters (J) @ $6.00 ea ............................................ $30.00 12 Recording Demand Register - electronic (R) @ $9.40 ea ......................................................................... $112.80 2 277 or 480 volt potential transformers (A) @ $2.85 ea ...................................................................... $5.70 8 480 Volt & under, under 1200A, indoor current transformers (A) @ $1.25 ea ......................................... $10.00 2 480 Volt & under, 1200-2000A, indoor current transformers (C) @ $4.70 ea ......................................... $9.40 Total (Item 2) ...... $188.20 3. Total Monthly Rental Payable (Item 1 minus Item 2) .......................................................................................................... $2.90 The Customer agrees to furnish end install the wiring, supports, and other appurtenances, as specified by the Company, necessary for the metering installation or installations. The monthly rental specified above is in addition to ail other charges under the contract to which this rider is attached and this contract rider is subject to change as provided in such contract. Customers Name Village of Mt. Prospect Address VARIOUS Dated 2/7/96 BD80 JT 13229 Mt. Prospect