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1977-655RESOLUTION NO. 77R- 655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WHEREBY THE CITY INSTALLS ADDED FACILITIES TO A CUSTOMER'S PREMISES FOR ELECTRICAL SERVICE, AND AUTHORIZING THE UTILITIES DIRECTOR TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, City owns and operates an electrical distribution system; and WHEREAS, electrical customers of the City, from time to time, request the City to install certain added facilities to furnish electrical service to the customer's premises; and WHEREAS, such added facilities are different than, or in addition to, facilities which City would normally install; and WHEREAS, Rule 2H of the City's Rules and Regulations pertaining to the furnishing of electrical service authorized the installation of such added facilities, subject to an agree- ment to be entered into between the customer and the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the terms and conditions of an agreement, all as shown on an exhibit attached hereto and denominated Exhibit A, be, and the same are hereby, approved. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the Utilities Director of the City of Anaheim is authorized to execute said agreements on behalf of the City of Anaheim as long as said agreements are substan- tially in the same form as said Exhibit A. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of October 1977. ATTEST: CITK OF TH CITY OF ANAHEIM ROF: jh OR •F ,E CI •F ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -655 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of October, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -655 on the 4th day of October, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of October, 1977. (SEAL) •4uiaadng Troiaqoa1a 1023911n saT2TTTan I, .LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -655 duly passed and adopted by the Anaheim City Council on October 4, 1977. CITY CLERK CITY OF ANAHEIM UTILITIES DEPARTMENT ELECTRICAL DIVISION DEMAND CONTROL METER CONTACT AGREEMENT EXHIBIT A This agreement is made this day of by and between the City of Anaheim (CITY), a municipal electrical utility, and (CUSTOMER). CUSTOMER desires to install electric load control equipment, related devices, and component parts (Equipment) for his load located at California, and has requested that the CITY provide a connection between the CITY metering facilities and its Equipment to provide CUSTOMER with kWh data pulses. The CITY agrees to install the necessary facilities to provide the requested services subject to the following terms and conditions: 1. CUSTOMER shall submit a plan describing the Equipment to be installed and a list of CUSTOMER'S loads to be controlled or cycled. 2 The CITY'S approval of the CUSTOMER'S plan for the use of the Equipment shall not be construed as confirming or endorsing the design or effectiveness of the Equipment or the CUSTOMER'S plan for use of the Equipment for actually reducing demand or energy usage, or as any warranty of the safety, durability or reliability of the Equipment or the plan for its use. 3. CUSTOMER shall pay to the CITY on demand and prior to installation, the sum of representing the CITY'S out -of- pocket expenses to furnish, install, own, and maintain a special isolation relay, any necessary special metering facilities, protective devices and associated wiring connected to CITY'S metering facilities, all of which are referred to as Relay System, which will supply kWh data pulses to CUSTOMER'S Equipment. No circuit for the CUSTOMER'S use shall be connected directly to CITY'S metering potential or current transformers. 4. The special isolation relay will be located within a sealable metering compartment for CITY'S exclusive use. The CUSTOMER'S output wires from the Relay System shall be routed to a terminal block furnished and installed by CUSTOMER in a junction box external to the CITY'S sealable section. 5. CUSTOMER shall install, own and maintain its Equipment. To protect the CITY'S metering facilities, the CUSTOMER'S pulse receiving circuits shall be fused with a maximum fuse size of one ampere. "Slow- blow" fuses shall not be used. The one ampere fuses shall be located so that the CUSTOMER may have access to them when necessary. (In series with these one ampere fuses shall be a second set of larger fuses, maximum five amperes, located in the CITY'S sealed metering section, as part of the Relay System.) The CITY shall not be responsible for pulse interruptions due to blown fuses, failure, or any other malfunction of CUSTOMER'S Equipment. The CUSTOMER shall provide its own pulse circuit operating voltage not to exceed 125 volts A.C. or D.C. The maximum burden connected to the Relay System shall be 100 volt amperes. 6. The CITY reserves the right to change the kWh value of a pulse or the maximum pulse rate when necessitated by repair or replacement of its pulse initiator, watt -hour meter or instrument transformers. The CUSTOMER will be responsible for making any necessary changes in its Equipment at its own expense to accommodate the new pulse value or pulse rate. 7. If CUSTOMER'S load or service requirements change to the extent that the CITY'S metering facilities must be changed, any additional costs to the CITY necessary to change the Relay System in order to continue to supply kWh data pulses will be paid to the CITY by CUSTOMER upon demand. 8. The CITY shall have the right to interrupt the supply of kWh pulses to perform meter tests or maintenance procedures and in doing so assume no responsibility for the effects on the CUSTOMER's operation or Equipment. The CITY will make a reasonable effort to notify CUSTOMER prior to any scheduled interruption of the pulse circuit. 9. The reliability of the CUSTOMER'S Equipment is entirely the responsibility of the CUSTOMER. The interruption of kWh pulses for any reason to the CUSTOMER'S Equipment, or the failure or malfunction of the CUSTOMER'S Equipment shall in no way nullify the validity of the CITY'S meter readings or recordings for billing purposes. 10. CUSTOMER may with the CITY'S prior written consent, assign this agreement if the successor or assignee thereof will agree in writing to assume all CUSTOMER obligations hereunder. 11. CUSTOMER shall: (a) indemnify the CITY, its officers, agents and employees against loss, damage, expense and all liability resulting from injury to or death of any person or persons including, but not limited to, employees of the CITY or CUSTOMER, resulting from or arising out of or in any way connected with the installation, inspection, maintenance, testing and use of the Relay System or Equipment and, on the CITY'S request, defend any suit asserting a claim covered by this indemnity; and (b) reimburse the CITY for all loss, expenses, including reasonable attorney fees, incurred in consequence of any claim, demands or causes of action which may be made by or brought against the CITY arising out of or in any way connected with the use of the Relay System or Equipment. The obligation of CUSTOMER under this paragraph, accrued or not, then known or unknown, shall not terminate on any termination of this agreement, but shall be continuing as to any act, occurrence, or omission prior to the termination of this agreement. 12. The CITY will assume no liability for the accuracy of the pulse data provided, except as may be occasioned by the gross negligence of tendance of its own equipment. 13. If at any time, in the CITY'S sole judgment, the supply of kWh data pulses through the operation of the Relay System becomes detrimental to reliable metering or to the CITY'S metering practices, the CITY shall have the right to disconnect the Relay System from its metering facilities. 14. The CITY may terminate this agreement if alternative metering systems, which do not generate pulses, are adopted by the CITY. 15. Except as herein otherwise provided, this agreement will continue in effect until terminated by either party on thirty (30) days advance written notice to the other party. 16. This agreement shall be subject to all of the CITY'S applicable tariff schedules on file with the Utilities Department, and shall at all times be subject to such changes or modifications as the City Council may,from time -to -time, direct in the exercise of its jurisdiction. By By Mailing Address: CUSTOMER CITY OF ANAHEIM Utilities Director ELECTRICAL DIY. H KO KW Y o METER Z o NORMAL METERING INSTALLATION NORMAL METERING CUSTOMER DEMAND PULSES Terminal Block Fuse Max. 1 amp. 5" x 7" Min. Sealable Metering Compartment By Customer NOTES: ISOLATION RELAY IN OUT DEMAND PULSES TO CUSTOMER 1. Refer to Demand Con- trol Meter Contact Agreement to condi- tions of service and costs to customer. 2. Time Pulses not avail- able. CITY OF ANAHEIM UTILITY DEPT. Typical Installation For Demand Control For Customer Load Manage- ment. t 2 W DATE 6-22 -77 C 5; SUP V. J.O. /W. O. 5C A. r` NONE DRAWING NO. ENG SUPT ESK -82077 G REV.