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HomeMy WebLinkAboutCC Resolution 9554 (ABAG Power Purchasing Committee)RESOLUTION NO. 9554 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING PARTICIPATION IN THE ABAG POWER PURCHASING POOL AND AUTHORIZING THE ACTING CITY MANAGER TO SIGN ALL REQUIRED DOCUMENTS AND TO REPRESENT THE CITY ON THE ABAG POWER PURCHASING COMMITTEE. WHEREAS, The City of San Rafael (City) is currently purchasing natural gas and related transportation and distribution services from Pacific Gas & Electric Company, a Public Utility (Utility herein) under the jurisdiction of the California Public Utilities Commission (CPUC); and WHEREAS, deregulation of the natural gas industry in 1986 and CPUC Decisions Nos. 91-02-040, 94-04-027 and 95-07-048, end regulation promulgated thereunder, permit Utility customers, including local governments, to purchase natural gas and specified related support services from third parties through a "core transport agent;" and WHEREAS, bulk purchasing of natural gas has proven itself to be a legal and cost-effective means to achieve reductions in energy costs; and WHEREAS, the City is a member/ cooperating member of the Association of Bay Area Governments (ABAG); and WHEREAS, ABAG proposes to (1) form a Power Purchasing Pool Program to aggregate natural gas needs of interested ABAG members and cooperating members and (2) act as a core transport agent on behalf of such members and (3) deliver or cause to be delivered natural gas and related services (including invoicing and gas management) to such members and (4) form a Power Purchasing Pool Committee comprised of representatives from each participating member or cooperating member and grant it the power to oversee the Program; and � I�Ir lNRI�>S� RESOLUTION NO. 9554 Page 2 WHEREAS, ABAG may issue short-term debt in order to finance security deposit requirements and/or cash flow deficits incurred by ABAG in operating the Power Purchasing Pool Program which debt may be secured by the assignment, encumbrance or hypothecation of the Natural Gas Sales and Aggregation Agreement between ABAG and the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby authorizes the participation of the City in the ABAG Power Purchasing Pool to undertake a bulk purchasing program for natural gas on behalf of the City and other ABAG members or cooperating members. BE IT FURTHER RESOLVED, that the Acting City Manager, or her designee, is hereby authorized to enter into and deliver (1) the Natural Gas Sales and Aggregation Agreement with ABAG, in substantially the form set forth in the attached Exhibit A, and subject to the approval of the City Attorney, appointing ABAG as the core transport agent for the City in procuring the purchase and transportation of natural gas and related services and (2) the Utility's Customer Authorization for Core Gas Transportation Services. BE IT FURTHER RESOLVED, that the City consents to the assignment, encumbrance or hypothecation of the Natural Gas Sales and Aggregation Agreement with ABAG for the sole purpose of securing short-term financing of the security deposit requirement and/or cash flow deficits incurred by ABAG in implementing the Power Purchasing Pool Program. FINALLY, BE IT ALSO RESOLVED, that the Acting City Manager is or her designee is appointed the Public Agency's representative on ABAG's Power Purchasing Pool Committee to oversee the operation of Power Purchasing Pool Program. RESOLUTION NO. 9554 Page 3 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on Tuesday, the 20th day of FEBRUARY , 19 96 , by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E�M.LEONCINI, City Clerk L_. a�� J. ..✓ � 1 Y i NATURAL GAS SALES AND AGGREGATION AGREEMENT This Natural Gas Sales and Aggregation Agreement, hereinafter "Agreement", is made and entered into as of this 20th day of February 1996 , by and between the Association of Bay Area Governments, a California joint powers agency, hereinafter "ABAG", and City of San Rafael, a California Charter City, hereinafter "Public Agency". The parties hereby agree as follows: 1. Elisibility: Public Agency is a member or cooperating member of ABAG. ABAG shall provide directly, or at its,option, shall contract to provide coordination services for the purchase and management of a natural gas program for members and cooperating members of ABAG participating in said program [Participant(s)]. 2. Authorities: Public Agency is a customer of an entity providing natural gas services, hereinafter "Utility" under the jurisdiction of the California Public Utilities Commission, hereinafter "CPUC." Public Agency appoints ABAG as its exclusive agent to coordinate its participation in the Utility's Natural Gas Aggregation Program for core transport customers, hereinafter "Program", on behalf of Public Agency for the facilities listed in Exhibit A, which is attached hereto and incorporated herein. All parties understand and agree that the authority for the Program is granted by and subject to the CPUC, as initially authorized by CPUC Decision No. 91-02-040 and modified through CPUC Decision No. 94-04-027 and Decision No. 95-07-048. This agreement is pursuant to the Utility Aggregation Tariff Rate Schedule(s), Tariff Rules and terms and conditions set forth in such agreement. Public Agency represents and warrants that any prior aggregator authorizations which Public Agency may have executed will be terminated effective no later than the date of this authorization. 3. Services: ABAG shall deliver, or cause to delivered, the following services to Public Agency: 3.1 Analyze and evaluate natural gas supply and transportation strategies; 3.2 Negotiate and implement natural gas purchase, transportation and other similar gas services for Participants; 3.3 Forecast estimated monthly gas requirements of Public Agency; 3.4 Negotiate prices and quantities for natural gas purchases by Public Agency which may include a bid or request for proposal process; 3.5 Perform nominations of gas purchased and transportation services for Public Agency; -1- c i 3.6 Monitor gas account imbalances with transporters; 3.7 Provide for the delivery of natural gas to Participants' facilities as listed in Exhibit A and for storage as permitted by the Utility. 3.8 Generate gas purchase, transportation and storage invoices showing: 3.8.1 For each facility listed in Exhibit A, the meter cycle, monthly usage, gas charges, which include utility transportation charges, operational fees, ABAG administrative fees and any utility charges. 3.8.2 The status of the account identifying the prior account balance, any payments since the previous invoice, current charges plus any applicable late payment charges and credit balances as calculated pursuant to Paragraph 9.3; and 3.9 Provide general consultation services. 4. Enrollment Notification of Changes: Public Agency shall through the attached Exhibit A, which is incorporated herein, submit to ABAG its list of accounts to be served hereunder. Public Agency represents and warrants that all facilities listed in Exhibit A distribute natural gas used by Public Agency and that none of the facilities will be serviced by another core transport agent as of the Start Date as defined in Paragraph 9.5. Public Agency shall also notify ABAG of changes in Public Agency's facilities or operations which are reasonably expected to increase or decrease the consumption of natural gas more than ten percent (10%) as compared to historical levels. Public Agency may add facilities to Exhibit A upon prior written notice to ABAG and the submission of a "Customer Authorization for Core Gas Transportation Service" form (or Utility authorized equivalent) to the Utility. Public Agency may delete facilities from Exhibit A only upon written consent by ABAG, which consent shall not be unreasonably withheld, except that Public Agency may delete facilities without ABAG's consent if Public Agency abandons the facility or transfers the facility to another entity. 5. Agencv Relationship: Public Agency authorizes ABAG to act as its exclusive agent for the Program and does hereby constitute and appoint an authorized officer or agent of ABAG to act on its behalf as its lawful agent for the implementation of the Program. This authorization shall include the right to do and perform all acts, with full power to execute all documents requisite and necessary to be done in all matters relating to the purchase, sale, and transportation of natural gas. Therefore, Public Agency authorizes ABAG to take actions appropriate to establish and implement the Program, including, but not limited to: 5.1 Aggregating the gas supplies and services of Public Agency with those of other Participants in conjunction with providing such gas supplies and services to Public Agency and pursuant to the terms and conditions of the Program; -2- 5.2 Executing local distribution company riders and other documentation on behalf of Public Agency; 5.3 Nominating gas supplies on behalf of Public Agency; 5.4 Handling gas imbalances, gas storage, and all other operational transactions with the Utility in order to deliver gas to the Utility for subsequent redelivery to Public Agency; and 5.5 Arranging for payment of Program bills for natural gas, transportation and other Utility charges. Public Agency understands and agrees that in the event of nonpayment by ABAG, Public Agency will be responsible for payment of Public Agency's bills for gas and services, even if the Public Agency has already made payment to ABAG for those gas quantities and services. Public Agency understands that if ABAG's contract with the Utility terminates for any reason, on Public Agency's receipt of notice from Utility, Public Agency will receive gas service for Exhibit A accounts under core procurement service from the Utility commencing on the first day of Public Agency's next billing cycle pursuant to the terms and conditions of the applicable core procurement Tariff Rate Schedule for each Public Agency's accounts for the remainder of the Contract Year. 6. Title: All purchase, transportation and other gas service contracts shall be in the name of ABAG. 7. Term: Subject to the provisions of Paragraphs 12 or 13 hereof, and receipt of timely notifications of alternative arrangements, this Agreement shall be in full force and effect from the date first written above until June 30, 1997. Subject to Paragraph 13, the term of this Agreement shall be automatically extended for additional one-year periods upon ABAG's submission to Public Agency of written notice no later than June 1 of each year and stating all proposed fees for the extension period. 8. Fees: The operational fees for all the services described in Paragraphs 3 and 5 above will be one cent ($.01) per therm used by Public Agency until June 30, 1997. An administrative fee of three - tenths of one cent ($.003) per therm used by Public Agency will also be charged until June 30, 1997. 9. Pavment: 9.1 On a monthly basis, unless otherwise approved by Public Agency, ABAG will provide, or cause to be provided, to Public Agency a consolidated invoice for the Public Agency's facilities serviced under this Agreement. Invoices will be directed to and payment is to be made directly by Public Agency to the escrow account designated pursuant to Paragraph 10 of this Agreement. Payment is due immediately upon receipt of the invoice. Late payment charges at the rate of one and a half percent (1.5 %) per month calculated daily on the outstanding balance will be imposed commencing on the thirty-first (31st) day after the mailing date of the invoice. Late payment charges may, at ABAG's sole discretion, be debited against Public Agency's Credit Account as defined in Paragraph 9.3. -3- 9.2 ABAG will invoice Public Agency, and Public Agency will pay, in fifteen (15) monthly installments sums representing payments in advance for the natural gas and services provided under this Agreement (Invoiced Amounts). Initially, Invoiced Amounts will be based on ABAG's estimate of Public Agency's consumption of natural gas for the month leveled to eliminate extreme consumption fluctuations but adjusted to reflect moderated seasonal fluctuations. Each invoice will also identify the costs, if any, of natural gas, transportation, utility charges, operational fees and administration fees charged to Public Agency for the period identified in the .invoice (Actual Charges). Any disputes between the parties regarding the amount of any Actual Charges shall be resolved pursuant to Section H of Exhibit B to this Agreement and the Credit Account, as defined in Paragraph 9.3 will be adjusted as soon as practicable to reflect the resolution of the dispute. 9.3 For each invoice, ABAG will calculate (a) the difference between the Invoiced Amount and the Actual Charges, and (b) the difference between the cumulative total of the Invoiced Amounts and the cumulative total of Actual Charges, adjusted pursuant to Paragraphs 9.1 and 9.2 (Credit Account). Public Agency recognizes that the Credit Account is a calculation of payments, credits, debits and charges made pursuant to this Agreement and that ABAG will not be required to establish actual fund accounts on behalf of, or in the name of Public Agency, with monies. 9.4 In accordance with the terms of Paragraph 10, ABAG will first apply the Invoiced Amounts to the payment of Actual Charges. Public Agency acknowledges that during the term of this Agreement ABAG has the right to use monies in the amount reflected in the Credit Account to pay Actual Charges incurred by other Participants in the Program as such Actual Charges become due. Such use of the monies will not be a debit against the Credit Account and will not obviate, eliminate or modify ABAG's obligation to pay Public Agency the Credit Account amount pursuant to Paragraph 13.3. ABAG retains the right to modify Invoiced Amounts to increase the sum of Credit Accounts in the Program in order to timely pay Actual Charges as they become due. 9.5 The initial invoice will be dated March 1, 1996 and must be paid by April 1, 1996 (Start Date), or this Agreement terminates on April 1, 1996. Upon prior written notice to Public Agency, ABAG may delay the Start Date to accommodate Program requirements. 9. 6 In the event Public Agency fails to make timely payment, consistent with the terms employed by ABAG, in addition to any other remedy it may have hereunder and notwithstanding the existence of any late payment penalty, ABAG may declare Public Agency to be in default and terminate the agreement. ABAG is further authorized to bill Public Agency for reasonable charges associated with demands for payment on late accounts as well as reasonable charges associated with suspension and resumption of service hereunder. W, ■ 10. Disbursement of Funds: Subject to the terms and conditions of this Agreement, ABAG agrees to provide for sale and delivery, and Public Agency agrees to receive and to pay ABAG for natural gas . Further, Public Agency agrees to pay for the Actual Charges. 10.1 An escrow account for the purposes of receiving payments by Participants and making payments to the Utilities, the gas supplier and other payees as authorized by ABAG will be established. 10.2 The instructions for this escrow account have been approved by ABAG, and shall include a list of the authorized recipients of payments from the account. 10.3 Only ABAG may authorize release of funds from the escrow account, and such shall only be to those payees identified in the escrow instructions. 11. Gas Program Pricing: The gas charges to the participants will include the gas commodity per therm rate which shall be equal to ninety-four and one-half percent (94.5 %) of the Utility's core subscription weighted average cost of gas (WACOG) multiplied by Public Agency's gas usage plus the applicable utility transportation charges. Any storage injection charges or storage withdraw credits will be calculated at the gas commodity per therm rate for the applicable month. The gas commodity price stated in this paragraph shall remain in effect until June 30, 1997 . 12. Chance of Regulations: Any future change in law, rule or regulation, or utility practice which prohibits or frustrates ABAG or the Public Agency from carrying out the terms of this Agreement shall excuse both parties from their obligations, other than the obligation of Public Agency to make payments due for gas and services received. 13. Cancellation of Service: 13.1 Cancellation by Public Agencv: Commencing in 1997, Public Agency may only withdraw or cancel this Agreement consistent with the rules and regulations promulgated by the CPUC and in a manner which releases ABAG from all responsibility and liability related to the subject matter of the Agreement. Public Agency may cancel the contract by giving ABAG written notice by June 15 of its intent to terminate on June 30 of that current year. ABAG may limit a Public Agency's ability to cancel at dates other than June 30. 13.2 Cancellation by ABAG: Actions by the utilities and/or CPUC to develop rules which are in conflict with sound business practices, or impose unnecessary risk on either party to this Agreement, or substantially prevent ABAG from performing its functions under this Agreement may result in the cancellation of this Agreement by ABAG. ABAG shall give Public Agency written notice ninety (90) days prior to such cancellation and both parties shall work diligently to minimize the negative effects on ABAG and the Public Agency of such cancellation. -5- 13.3 Credit Account Pavout: Within ninety (90) days after cancellation, ABAG will pay to Public Agency the amount of its Credit Account as modified pursuant to Paragraph 9.2, less any debits imposed pursuant to Paragraph 9.1 and less any outstanding Actual Charges owed by Public Agency. Acting 14. Power Purchasing Pool Committee: Suzanne Golt, City Managefpublic Agency Representative), shall be the Public Agency's representative to the Power Purchasing Pool Committee to the ABAG Executive Board. The Power Purchasing Pool Committee shall provide policy direction for the Program. The Committee's powers shall include admission of new Participants and the extension of any contracts for the purchase of natural gas and/or related services under rules and procedures adopted by the Committee. 15. Approvals: The Public Agency Representative may grant any approval, or give any direction required by this Agreement, in writing or orally. Written approvals or directions may be transmitted physically, by facsimile or electronically. Oral approvals will be confirmed in writing by either party. 16. Attornevs' Fees: In the event either party invokes its right to arbitration under Section H of Exhibit B due to an alleged breach of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator. 17. Ownership of Files. Reports. Photographs, and Related Documents: Upon termination of the Agreement, any and all files, reports, photographs, plans, specifications, drawings, data, maps, models and related documents respecting in any way the subject matter of this Agreement, whether prepared by ABAG, the Public Agency or third parties and in whatever media they are stored shall remain or shall become the property of the Public Agency and the Public Agency shall acquire title to, and copyright ownership of, all such documents. The Public Agency hereby grants to ABAG an irrevocable license to retain a copy of all records covered by this section for ABAG's files. 18. Indemnity: Public Agency shall indemnify and hold harmless ABAG, its directors, its member agencies, its agents and its employees from and against all claims, damages, losses and expenses including attorney's fees, arising out of or resulting from the performance or non-performance of the services required by this Agreement, unless such is caused by the negligence of ABAG, its directors, its member agencies, its agents or its employees. 19. Assienment/Security Arrangements: Public Agency hereby acknowledges that ABAG may, in order to finance security deposit and cash flow deficits incurred in connection with the operation with this Program, incur short-term debt which may be secured by an assignment, encumbrance or hypothecation of this Agreement and/or payments due hereunder. 0 20. Notices: The following addresses for the giving of notices and billings shall be: Public Aeencv Notices CITY OF SAN RAFAEL Name:Suzanne Golt, Actinq City Manaqer 1400 Fifth Avenue, P.O. Box 151560 Address: San gAfael, CA 94915-1560 Telephone No.: ( 415) 485-3072 Facsimile No.: ( 415) 459-2242 Email: n/a Attn.: Suzanne Golt, Acting City Manager Public Aeencv Billine Address CITY OF SAN RAFAEL Name: Suzanne C�nl , Acting Citv Manaqer Address: 1400 Fifth Avenue, P.O. Box 151560 San Rafael, CA 94915-1560 Facsimile No.: (4 15) 4 5 9-2242 Attn.: Suzanne Golt. Actina Citv Manaqer ABAG Notices ABAG 3201 Danville Blvd., Suite 275 Alamo, CA 94507 ABAG Program Coordinator Telephone No: 510-743-7877 Facsimile No: 510-743-1014 -7- Telephone No.: ( 415) 485-3072 Email: n/a 21. Severabilitv: If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired, or invalidated. 22. Captions: The captions appearing in this Agreement are inserted as a matter of convenience and in no way define or limit the provisions of this Agreement. 23. Other Contract Provisions,: This Agreement shall be subject to the other standard provisions which are set forth in the attached Exhibit B, which is incorporated by this reference. IN WITNESS WHEREOF, the parties have hereunto set their hands effective the date and year first above written. ASSOCIATION OF BAY AREA GOVERNMENTS —P By:�`` Date: E e Y.Yxong, Executi Director Approved as to legal form and content: By: Date:i4rc K. Moy, Legal Counsel PUBLIC AGENCY- CITY OF SAN RAFAEL B �1� Date: Suzan Golt, Acting City Manager ATTEST: J nne M. I; o ini�ity Clerk Approved as to legal Account Number 10 "'! /-zol9 A Date: STANDARD CONTRACT PROVISIONS A. Time of Essence. Time is of the essence in this Agreement. B. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or a different provision of this Agreement. C. Controlling Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California. D. Binding on Successors. Etc. This Agreement shall be binding upon the successors, assigns, or transferees of ABAG or Public Agency as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this Agreement other than as provided above. E. Records/Audit. ABAG shall keep complete and accurate books and records of all financial aspects of its relationship with Public Agency in accordance with generally -accepted accounting principles. ABAG shall permit authorized representatives of Public Agency and/or any of Public Agency's governmental grantors to inspect, copy, and audit all data and records of ABAG relating to its performance of services under this Agreement. ABAG shall maintain all such data and records intact for a period of three (3) years after the date that services are completed hereunder or this Agreement is otherwise terminated. F. Prohibited Interest. ABAG's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. G. Insurance Reauirements. (1) ABAG shall, at its own expense, obtain and maintain in effect at all times during the life of this Agreement the following insurance: (a) Workers' compensation insurance as required by law. (b) Comprehensive general liability insurance coverage of One Million Dollars ($1,000,000) in the aggregate for products and/or completed operations and One Million Dollars ($1,000,000) per occurrence for automobiles. (c) Professional liability insurance with minimum liability limits of Two Million Dollars ($2,000,000) in the aggregate. (2) All ABAG's insurance policies shall contain an endorsement providing that written notice shall be given to Public Agency at least thirty (30) days prior to termination, cancellation, or reduction of coverage in the policy or policies, and all policies shall be carried by an insurance company or companies acceptable to Public Agency. (3) In addition, each policy or policies of insurance described in subparagraph (2) above shall contain an endorsement providing for inclusion of Public Agency and its directors, officers, agents, and employees as additional insureds with respect to the work or operations in connection with this Agreement and providing that such insurance is primary insurance and that no insurance of Public Agency will be called upon to contribute to a loss. (4) Promptly upon execution of this Agreement, ABAG shall deliver to Public Agency certificates of insurance evidencing the above insurance coverages. Such certificates shall make reference to all provisions or endorsements required herein and shall be signed on behalf of the insurer by an authorized representative thereof. ABAG agrees that at any time upon written request by Public Agency to make available copies of such policies certified by an authorized representative of the insured. (5) The foregoing requirements as to types and limits of insurance coverage to be maintained by ABAG and approval of policies by Public Agency are not intended to, and shall not, in any manner limit or qualify the liabilities and obligations otherwise assumed by ABAG pursuant to this Agreement, including, but not limited to, liability assumed pursuant to ABAG's insurance policies under Subsections (1)(b) of this section. (6) ABAG shall require all subcontractors to comply with the insurance requirements described in Section G(1)(a)-(c), inclusive. H. Arbitration. Any dispute between ABAG and the Public Agency regarding the interpretation, effects, alleged breach or powers and duties arising out of this Agreement shall be submitted to binding arbitration. The arbitrator shall be selected by agreement between the parties by lot from a list of up to six (6) arbitrators with each party submitting up to three (3) arbitrators. Distribution: For PG&E use only ❑PG&E Program Administrator (original) CTA Group No.: ❑CTA Contract No.: OCustomer Date Received: Effective Service Date: Termination Date: ATTACHMENT A CUSTOMER AUTHORIZATION FOR CORE GAS TRANSPORTATION SERVICE By this Authorization for Core Gas Transportation Service (Authorization), CITY OF SAN RAFAEL (Customer,4-Fay4,-a(,q�, whose business address is 100. Fi fth due. San Rafael , CA 94901 (P. O.Rox 151560 requests Core Gas Transportation service from Pacific Gas and Electric Company (PG&E), a California94915a 560) Corporation and authorizes Association of Bav Area Governments (CTA), a(n) California ioint Dowers aaencv whose business address is 101 Eiahth Street Oakland CA 94607-4756 . to act as CTA for the purpose of establishing and administering core gas transportation service on my behalf in accordance with the rules and regulations of the California Public Utilities Commission (CPUC). CTA is authorized to do any and all things both proper and necessary in establishing and administering such service for and on my behalf, including (by way of illustration and not limitation) the purchase, nomination and delivery of gas supplies, treatment of gas imbalances, management of gas storage inventories, and all procurement -related transactions for my PG&E accounts contained in this Authorization. Core Gas Transportation Service will begin no later than 90 days from the date PG&E receives this Authorization. The effective service date for the Authorization will be the first day of the month following its execution by PG&E (or the first meter reading date of the month following its execution by PG&E, if earlier). Each PG&E account will begin Core Gas Transportation Service on the normal meter reading date in the effective service month. The initial term of this Authorization will be (12) consecutive months from the effective service date and thereafter will continue month-to-month unless Customer closes its business, until Authorization is canceled by PG&E as specified in Rule 23, or either Customer or CTA executes and submits to PG&E Attachment E, Termination of Customer Authorization for Core Gas Transportation Service. Unless otherwise specified, Termination received by the first of the month will become effective for each account on the normal meter reading date in the following month. Customer authorizes PG&E to release to CTA by written or electronic transfer the current and historical gas -usage information for PG&E accounts contained in this Authorization. Customer releases, holds harmless, and indemnifies PG&E from any liability, claims, demands, causes of action, damages, or expenses resulting from unauthorized use of this information. PG&E will provide its services to Customer as established in the terms and conditions of Schedule G -CT, Rule 23, and other rules and regulations and any modifications thereto as authorized from time to time by the CPUC. Customer will continue to be responsible for payment of PG&E transportation bills, even if Customer authorizes PG&E to send its bill to CTA for payment. Customer is responsible for franchise fees under Schedule G -SUR and any Utility User's Tax that may be required as a result of receiving gas commodity through CTA. The CPUC does not regulate CTA, and any disputes with CTA will be Customer's sole responsibility. Billing disputes between Customer and PG&E will be resolved as specified in Rule 10 and Rule 23. Form No. t A Pricing &Regulatory Support August 18, 1995 Page 1 Check one: ❑ 1 request that PG&E bill me directly for its services at my current billing address(es). PG&E may provide CTA with an information -only statement of my PG&E charges. r I request that PG&E send my PG&E bill to CTA for payment, subject to approval by PG&E. If PG&E approves the CTA for this billing option, I will receive an information -only statement of my PG&E charges, sent by PG&E to my current billing address(es). PG&E must receive one completed and signed original of Authorization. Facsimiles or photocopies must be accompanied by an original. COMMUNICATIONS PG&E will use the following addresses to send formal notices, tariffs, PG&E service information and executed agreements to Parties. This will not change the current billing address on PG&E accounts. To Customer: CITY OF SAN RAFAEL (Customer Company Name) Mailing Address: P.O. Box 151560 San Rafael. CA 94915-JrLU Service Address: 1400 Fifth Avenue San Rafael. CA 949111 Attention: Ransom E. Coleman, Finance Director Telephone Number: ( 415 ) 485-3060 Telecopy Number: ( 415 ) 459-2242 To CTA: Association of Bav Area Gov'tg (CTA Company Name) Mailing Address: =1 Danville Blvd Suite 275 Alamo CA 94507 Service Address: 3201 Danville Blvd Suite 275 Alamo CA 94507 Attention: ABAG Coordinator Telephone Number: ( 510 ) 743-7877 Telecopy Number. ( 510 ) 743-1014 (Please Type or Print Clearly) Signed by:.�� (Signature of duly authorized representative) For: CITY OF SAN RAFAEL RANSDMSE. COLEMANyName) FINANCE February (Print Name DIRECTOR) itle) 2 , 1996 (Date) To PG&E: Pacific Gas & Electric Company Mailing Address: P.O. Box 770000 Mail Code H28H San Francisco CA 94177 Service Address: 123 Mission Street Mail Code H28H San Francisco CA 94105 Attention: Core Transport Program Admin. Telephone Number: (415) 973-3059 Telecopy Number: (415) 973-2384 Accepted b !7 l�1' (Signatures f duly aut rized representativ For: Association of Bav Area Govemme s (CTA Company Name) Eugene Y. Leona (Print Name) Executive Director (Title) (Date) Form No. 79 -845 -Attachment A Pricing & Regulatory Support August 18, 1995 Page 2 r For PGaE use only CTA Group No.: Contract No.: Date Received: Effective Service Date: Termination Date: ATTACHMENT A CUSTOMER AUTHORIZATION FOR CORE GAS TRANSPORATION SERVICE Customer requests that the following PG&E gas account(s) begin Core Gas Transportation Service. I] Check box if additional listings of accounts are attached. Note: Under PG&E's CPUC -approved tariffs governing Core Gas Transportation Service, a CTA is "an individual or company that contracts with PG&E and participating core gas transportation service Customers as the responsible agent to manage natural gas deliveries to PG&E on behalf of a Core Transport Group." CTAS operate independent of PG&E. They are not agents of PG&E, and PG&E is not liable for any of the CTA's acts, omissions, or presentations. Form No. 79 -845 -Attachment A Pricing and Regulatory Support August 18, 1995 Page 3 of3 Address City Account Number 1 1220 ANDERSEN DR SAN RAFAEL BNQNG02001 2 97 LOUISE ST #D SAN RAFAEL CNQ7254901 3 650 DEL GANADO RD SAN RAFAEL GNQ7436902 4 670 DEL GANADO RD SAN RAFAEL GNQ7437105 5 30 JOSEPH CRT SAN RAFAEL HNQ0458802 6 3530 CIVIC CENTER DR SAN RAFAEL HNQ0954801 7 210 3RD ST SAN RAFAEL JNQ6010201 8 46 CASTRO AVE SAN RAFAEL JNQ6588962 9 50 CANAL ST SAN RAFAEL JNQ6673201 10 955 PT SAN PEDRO RD SAN RAFAEL JNQ8027501 11 1408 MISSION AVE SAN RAFAEL KNQ0810906 12 1313 5TH AVE SAN RAFAEL KNQ0861703 13 1039 C ST SAN RAFAEL KNQ0862301 14 1400 5TH AVE SAN RAFAEL KNQ0868102 15 1400 5TH AVE SAN RAFAEL KNQ0868401 16 618 B ST SAN RAFAEL KNQ2832401 17 790 LINCOLN AVE SAN RAFAEL KNQ2857202 18 522 B ST SAN RAFAEL KNQ6015501 19 35 MARIN ST SAN RAFAEL KNQ6061003 I] Check box if additional listings of accounts are attached. Note: Under PG&E's CPUC -approved tariffs governing Core Gas Transportation Service, a CTA is "an individual or company that contracts with PG&E and participating core gas transportation service Customers as the responsible agent to manage natural gas deliveries to PG&E on behalf of a Core Transport Group." CTAS operate independent of PG&E. They are not agents of PG&E, and PG&E is not liable for any of the CTA's acts, omissions, or presentations. Form No. 79 -845 -Attachment A Pricing and Regulatory Support August 18, 1995 Page 3 of3