HomeMy WebLinkAbout05-376.doc
DECEMBER 13, 2005
05-376
RESOLUTION
(CARRIED 6-0
LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE AGREEMENT I WISCONSIN PUBLIC SERVICE
RESPONSE REWARDS BILLING AGREEMENT
INITIATED BY:
PUBLIC WORKS DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Agreement with Wisconsin Public Service for the Response Rewards Billing Agreement
is hereby approved and the proper City officials are hereby authorized to execute and
deliver the agreement in substantially the same form as attached hereto, any changes in
the execution copy being deemed approved by their respective signatures, and said City
officials are authorized and directed to take those steps necessary to implement the terms
and conditions of the Agreement.
WISCONSIN PUBLIC SERVICE CORPORATION
RESPONSE REWARDS Bll.,LING AGREEMENT
This Agreement is entered into between The City of Oshkosh, a Wisconsin corporation (hereinafter
called the "Customer"), and WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
corporation (hereinafter called the "Company").
1.
2.
3.
4.
003.534336.1
The Customer has elected to participate in the Company's Response Rewards Program, contained
and more fully described in tariff CP-RR and any revisions approved by the Public Service
Commission of Wisconsin during the terms of this Agreement (the "Response Rewards
Program"). The Customer shall commence participation in the Response Rewards Program on
January 1,2006 and shall remain in the program through December 31, 2006. The Customer will
remain in the Response Rewards Program and on the CP-RR tariff regardless of whether the
Customer fails to meet the minimum qualifications of the CP-1 tariff.
The Customer shall be responsible for any and all costs of its equipment/facilities which manage
Customer's loads.
The Customer may choose to separately contract with the Company to provide web based energy
information management services, and in Sllch cases shall execute a separate Energy Information
Management Agreement or similar agreement which shall govern those services and products.
The Customer waives all rights to billing adjustments, refunds, credits or the like arising from a
claim that any invoice for the Customer's service would have been less on any alternative rate
schedule for the 2006 calendar year.
5.
The Company shall not be liable for any loss, injury 01: damage resulting from load reductions,
Customer's participation in the Response Rewards Program, or imperfections or interruptions of
service not due to willful misconduct on its part. Company shall not be liable for any indirect,
special, consequential or punitive damages of any nature whatsoever, whether arising under
contract, tort (including negligence and strict liability) or any other theory of law. This
Agreement remains subject to the terms, conditions, limitations, and other provisions set forth in
all applicable Company tariffs.
6.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH
RESPECT TO THE SERVICES PROVIDED UNDER THis AGREEMENT, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES AND WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE.
7.
. The Company and the Customer agree to indemnify and hold harmless each other, their
respective officers, directors, agents, and employees against all loss, damage, expense, costs, and
liability (including without limitation attorneys' fees) to the other Party and to third persons for
injury to or death of persons or injury to property, occurring on the indemnifying Party's side of
the Metering Point proximately caused by the indemnifying Party's negligent construction,
ownership, operation, or maintenance of any of such Party's works or facilities used in
connection with this Agreement.
8.
This Agreement shall be interpreted and construed in accordance with the laws of the State of
Wisconsin, without regard to any conflict oflaw principles.
" .'."
9.
Any changes or amendments to this Agreement, other than changes to the Company's CP-1 or
CP-RR tariff, may only be effected by a written instrument signed by the parties hereto.
10.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute one and the same Agreement.
11.
The Customer desires the following CP-1 Account(s) to be on the Response Rewards Program:
1.0401271953-00164 4.
2. 5.
3. 6.
12.
Customer will continue to receive separate bills at each account listed above.
CUSTOMER
COMPANY
WISCONSIN PUBLIC SERVICE CORPORATION
By:
Name:
Title:
By:
Name:
Title:
Date:
Date:
2
003.534336.1