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HomeMy WebLinkAboutA2617 - SO CAL GAS COGEN WWTP WASTEWATER TREATMENT PLANT RETURN TO CITY CLERK So. -dlif. Gas Co. Gas Sery for Cogen at WWTP AGREEMENT #2617 (supersedes MO 4250, 9-21-88 Agr 2558) Contract for Gas Service ---- Prime Account Number 18-8396-359-379-1 Supersedes Contract: April 8th, 1988 Account No. 19-8396-359-375-1 This contract ("Contract") is made this 1st day of June 1988 , between Southern California Gas Company, a California corporation ("Utility") and City of Palm Springs: #2007 Sewage Plant a ("Customer") . The Utility has filed with the Public Utilities Commission of the State of California ("CPUC") rate schedules and rules applicable to service of natural gas which are open to public inspection at the offices of the Utility. The customer desires gas service and the Utility is willing to furnish such service under the applicable rate schedule(s) and rules specified below. Now, therefore, it is mutually agreed as follows: Customer's gas service is primarily fqr use for: Sewage systems at Customer's facilities located at: 4375 Mesquite Avenue, Palm Springs, CA Customer' s equipment is described in Attachment A which is attached hereto and incorporated herein. Customer elects X sales and/or _ transportation gas service (check one or both) as provided herein under the following tariff rate schedules which are attached hereto and incorporated herein as an integral part of this Contract: GN-50 Customer agrees to the rates and conditions set forth in the then current applicable rate schedule(s) and any revisions thereof authorized by the CPUC. Customer's gas usage is classified at the priorities set forth on the Billing Schedule in Paragraph 1.7 herein. The Utility reserves the right to reassign the Customer's priority based on changes in the Customer's equipment and/or operations. Form No. 6412 _ 1 _ Article I GENERAL SERVICE 1. 1 Customer Charge: The Customer agrees to pay monthly Customer Charges which are specified in Customer's applicable tariff rate schedules. 1.2 Demand Charge: The Customer shall also pay Demand Charges based on the total gas throughput to Customer under Customer' s applicable sales and transportation rate schedules which provide for demand charges. These quantities may change monthly according to the applicable tariff rate schedules. 1. 3 Volumetric Charge: In addition, Customer shall pay a per therm transmission Volumetric Charge as specified in Customer' s applicable tariff rate schedule(s) . This charge may change according to the applicable tariff rate schedules. 1. 4 The gas will be considered delivered for billing purposes in the order established in the Billing Schedule, with core volumes delivered first, followed by core-elect volumes. 1. 5 Minimum Charge: Customer's Monthly Minimum C_iarge shall be the total of all Customer Charges plus all Demand Charges applicable for that month. 1. 6 Termination: Customer must provide twelve (12) months prior written notification to Utility of termination of Service under rate schedules subject to demand charges hereunder. At the end of the twelve (12) month period, .if service is terminated, the D-1 and D-2 demand charges will no longer be due and payable. Form No. 6412 - 2 - 1.7 The Billing Schedule below specifies the sequence in which rates are applied to the Customer's usage. It will identify fixed base volumes and percentages for volumes used in excess of the base. Billing Schedule Prime Account Number: 18-8396-359-379-1 Contracted Otherwise Billing Sequence Primary CPUC Applicable CPUC % Th/Mo Rate Priority Rate Priority 1' 100 --- GN-50C P-3A GN-10 P-1 2 . 3 . 4 . 5. 6. 7. 8 . 9 . 10 . Supplemental Account Numbers: --- Note: Cogeneration transportation customers whose monthly facility requirements exceed their transported quantities will procure gas under either rate schedule N/A or N/A Form No. 6412 - 3 Article II GAS PROCUREMENT (Applicable to Customers procuring gas from the Utility) 2 . 1 Customer elects to purchase gas from the following portfolio(s) . Customer will pay the procurement rates currently specified in the applicable rate schedules in addition to the Customer Charges, Demand Charges and Volumetric rates specified in Article I. a. Core Rate Schedule GN-50C Percentage of load: 100 or Monthly Fixed Quantity: --- therms. Estimated Annual Core Contract Quantity: _ 25.000 therms. This core rate will be equal to the core rate specified on the appropriate rate schedule, and is subject to change semi-annually. The first quantities of gas delivered to the Customer each month will be these core volumes. b. Core-Elect Rate Schedule(s) N/A Annual Contract Quantity: _ therms. The Annual Contract Quantity will be broken down into Monthly Contract Quantities as specified below: January therms„ July therms. February therms .. August therms. March therms., September therms. April therms.. October therms. May therms.. November therms. June therms.. December therms. Under no conditions will Monthly Contract quantities be deferred to later months. Core-Elect Monthly Contract quantities will be considered the first gas through the Customer's meter each month after core volumes. The Core-Elect rate will be equal to the core WACOG specified on the appropriate rate schedule. This core commodity rate is subject to change semi-annually. The term for Core-Elect purchases shall be from _ N/A to N/A If Customer does not purchase its entire Monthly Contract Quantity during any month or discontinues or terminates core-elect procurement, Customer is liable for all applicable Customer and Demand Charges plus Company's unavoidable costs including any storage costs, but excluding any costs allocated to transmission charges. Form No. 6412 - 4 - C. Non-core rate schedule(s) : Non-Core % of Estimated Annual Rate Schedule Load Contract Quantity N/A The rate(s) hereunder will be equal to the non-core WACOG specified on the appropriate rate schedule. These non-core rates are subject to revision not more than twice monthly on five days notice to reflect changes in Company's non-core WACOG. 2 . 2 Gas purchases under this Contract will begin on .Tune 1. 1988 , or as soon after as the Utility is ready to commence service to the Customer, but not before ten (10) working days after execution of this Contract unless special circumstances exist. 2 .3 Either the Utility or Customer may terminate the non- core procurement provisions of this contract by providing thirty (30) days prior written notice, however, customer and demand charges will be paid as provided in the applicable rate schedule. Form No. 6412 - 5 - Article III TRANSPORTATION SERVICE (Applicable to customers procuring gas from sources other than the Utility) 3 . 1 In the event Customer is transporting Customer-owned gas, all terms and conditions in Tariff Rule 30, "Transportation of Customer Procured Gas" are incorporated as part of this Contract as if fully set forth herein. 3 . 2 Transportation Service shall commence on N/A and continue through and month-to-month thereafter until terminated by either party on fifteen (15) days written notice. 3 . 3 Customer will deliver gas into the utility system at the Points of Receipt, and Utility will redeliver like quantities of gas to Customer on a reasonably concurrent basis at the Points of Delivery. Points of Receipt and Delivery are listed in Attachment B which is attached hereto and incorporated herein. In the event Customer is transporting gas under more than one contract, the order of deliveries will be made to Points of Delivery and rate schedules in the order listed on Attachment B. 3 . 4 For every therm of gas delivered to Utility for redelivery to Customer, Customer agrees to pay the Volumetric Rate as specified in Paragraph 1. 3 . 3 . 5 Customer' s Maximum Daily Transportation Capacity is N/A therms. 3 . 6 In the event sufficient gas is not transported to meet the Customer' s gas requirements, Customer will be billed for such volumes at the applicable sales rate schedule as specified in the Billing Schedule in Paragraph 1. 7. 3 .7 Customer will identify in Attachment C any pipelines, shippers and/or brokers that will be involved on behalf of Customer in transportation arrangements with Utility. 3 . 8 Changes in Gas nominations should be made during normal business hours by contacting the Utility at (213) 689-2636 . If communication with the Utility at other times is necessary, call (213) 689-7274 . Utility reserves the right to change these numbers at any time upon notification to Customer. ?' t A Form No. 6412 - 6 - • � '(?: ��`/` 1,� Article IV NOTICES 4 . 1 Any formal notice, request or demand concerning this Contract shall be given in writing by Customer or Utility, and shall be mailed by Registered or Certified mail or delivered in hand to the other party as follows: To Customer: City of Palm Springs - #2007 Sewage Plant P. 0. Box 1786 Palm Springs, CA 92263 To Utility: Southern California Gas Company 810 South Flower Street Los Angeles, California 90017 Attention: Manager of Contract Sales and Transportation or to such other address as the parties may designate by written notice. Routine communications may be mailed by first class U. S . mail . Statements, invoices and billings shall be sent by Utility to Customer by first class mail to: Same as above 4 . 2 Notices delivered by hand shall be deemed effective when delivered. Notices delivered by first class mail shall be deemed delivered forty-eight (48) hours (not including weekends and holidays) after deposit, postage prepaid, in the U. S. mail or if Certified or Registered mail is used, as acknowledged by the receipt of the Certified or Registered mailing. Form No. 6412 - 7 - Article V MISCELLANEOUS 5 . 1 In the event Customer' s gas usage changes so that the qualifications under the Customer's selected rate schedules are not met, the customer will notify the Company in accordance with Tariff Rule 19 . 5. 2 This Contract is :not transferable by the Customer and cannot be assigned without the prior written consent of the Utility which will not be unreasonably withheld. 5. 3 The Customer grants to the Utility for use as long as this Contract continues in force and for a reasonable time thereafter, such easements and rights-of-way in the land of the Customer, together with such rights of ingress and egress as may be necessary or convenient to enable the Utility to install, operate, inspect, maintain, repair, change or remove meters, pipelines and all other equipment which the Utility may install for the purpose of furnishing gas service under this Contract. 5. 4 The Customer agrees to pay the Utility for all natural gas sales and transmission service under this Contract at the rate and under the conditions set forth in the then current applicable schedule (s) , or revisions thereof authorized by the CPUC, including but not limited to customer charges, commodity rates, demand charges, volumetric rates, billing account surcharges and rate adjustments. All monthly bills shall be paid at the office of the Utility within nineteen (19) days after the date such bill is mailed. Late payments will be subject to any late payment charges provided in the Tariff. 5 . 5 The Utility shall not be obligated to deliver gas except at times when, and at points where, the capacity of the Utility' s existing distribution system is sufficient to supply the Customer without detriment to then-existing service to others. 5. 6 The Utility shall not be liable for failure to deliver gas under this Contract when such failure in any way results from breakage of its facilities, however caused, from acts of God, strikes, interruptions in order to maintain or improve its system, or other conditions beyond its reasonable control, as specified in Tariff Rule No. 23 . The Customer shall not be liable for failure to accept service under this Contract due to cessation of its operations caused by acts of God, strikes, or other conditions beyond its reasonable control. Customer' s then current monthly Minimum Bill, for periods during an event of force majeure, will be reduced proportionately to such interruption of service pursuant to this paragraph. Form No. 6412 - 8 - /61`� 5. 7 All natural gas delivered under this Contract shall be measured in accordance with the standard of the Utility as set forth in its Tariff Rule No. 2 . Any facilities necessary for service hereunder will be provided by a separate facilities agreement. All meters, gauges, pipelines, fittings, regulators and other equipment installed on the premises of the Customer, the cost of which was borne by, or advanced to, or donated to the Utility, shall be the Utility's property, except as otherwise specifically provided in the then rules of the Utility filed with the CPUC; such property may be changed or removed by the Utility at any time. 5. 8 All natural gas delivered under this Contract shall be supplied in accordance with the rules of the CPUC, and under such rules as may be adopted by the Utility and approved by the CPUC. This Contract shall be subject at all times to such changes or modifications by the CPUC as it may from time to time direct in the exercise of its jurisdiction. 5 . 9 This Contract may be terminated at any time upon prior written notice as provided in Articles 1. 6, 2. 1, 2 . 3 and 3 .2 5 . 10 A waiver by a party at any time -of its rights with respect to a default under this Contract, or with respect to any other matter in connection with this Contract, shall not be deemed a waiver with respect to any other or subsequent default or matter. Form No. 6412 - 9 - This Contract with the Attachments listed below constitutes the entire agreement of the parties for natural gas sales service, and all terms and other representations made are embodied in this written Contract. This Contract shall not be modified or amended except by a document in writing and duly executed by Utility and Customer. 1. Attachment A - Equipment 2 . Attachment B - Points of Receipt and Delivery 3 . Attachment C - Transportation Contract Contacts CITY OF PALM SPRINGS: #2007 SEWAGE SOUTHERN CALIFORNIA GAS COMPANY PLANT By: Je'•`->a°{' `.�''' i .:e.,;i By: Title: Asst. City Manager Title Date: 9-22-88 Date: APPROVED BY THE CI Y ATTORNE �f p Completed By: /0z') APPROVED BY THE CITY COUNCIL J i BY MO 4250, 9-21-88 Form No. 6412 — 10 — / Attachment A ' Southern California Gas Company Analysis for End-Use Priority Fuel Requirements Customer Name City of Palm Springs Service Address 4375 Mesquite Avenue Account Number 18-8396-359-379-1 Palm Springs, CA CPUC CONNECTED AVERAGE HOURS MCF DAYS WEEKS MCF PRTY UNITS EQUIPMENT TYPE USE CFH CFH /DAY /DAY /WEEK /MONTH /MONTH ----- ----- --- -- ------------ ------- ----- ------------------- ----------- ------- ---- ------ ------ ------ --- ---- ------- --- P3A 1 Prime Mover - Cat. Gas Engine Cog. 5,000 1, 107 _6 6.645 7 4 . 3 200.0 4.3 4. 3 4. 3 4.3 4.3 4.3 4. 3 4. 3 4. 3 4. 3 4.3 4. 3 4.3 4.3 4.3 4.3 4.3 4. 3 4. 3 4.3 4.3 4. 3 4.3 4. 3 4.3 4.3 4.3 4.3 TOTAL 5,000 1,107 6,645 200.0 FORM 6412 f",,..