HomeMy WebLinkAbout05740 - OCCIDENTAL ENERGY MARKETING INC MASTER NATURAL GAS SALES CONTRACT hU� I LULJu InU IU.Ue Nil ro rnULU=lu .NI hHR NU, IbU :i« b�jb N. U2
Exhibit B
OCCIDENTAL ENERGY MARKET NG,INC.
CONFIRMATION To
Master Natural Gas Sales Can tact
This Corif=ation replaces and supersedes any pre-existing Co Firmation between Customer and OEMI
that overlaps Delivery Term and/or Facility(s).
Confirmation Confir'nution
Date: 11/19/2009 Numb r: City of Palm Springs-8
Customer: City of Palm Springs Sup lier: Occidental Friergy Marketing,Inc.
Attn: Craig Gladders _ Attn Contract Administration
Phone: 760-323-8368 Pilo e: 713 215-79S9
Fax: 760-322-8238 Fax: (713) 995-1627
Delivery Point: SoCal Border Sale, Price: See nricinE�below
Deccmbcr 01, 2009 throw
Delivery Terris: November 30,2010 Pub ication: Natural Gas Intelligence
Loc Ltion: SoCal Border
Facility: City of PalmSprinRs FaclityID: C196
Tier 1 Tier 2 Total Contract
Month Tier 1 QtY Pricing ON Tier z Pricing Requirements
Deo-09 12,075 5.39 4,025 Ind x+$0.06 16.100
J2n-10 12150 $5.30 4050 Ind x+$0,08 16200
Feb-10 6400 $5.39 2,6o Ind x+$0.05 11200
Mar-10 12,525 55,39 475 Ind ix+$0,06 16,700
A r-10 12525 $5.39 4175 Ind x+$0.06 16700
Mp -10 12,525 $5.39 4.175 Intl ix+$0,06 16,700
Jun-10 12,575 S5.39 4.225 Ind Ix+ Q. 16.900
Jul-IQ 12750 $5.39 4.250 1ndex+S0.06 17000
Au -10 12 825 $5.39 1 4,275 1 In Ix+ 0 06 17.100
NUV ly—ZUUy IKU IU.uJ fill Yb YKUUUKCIICNI Nix NU, IbU ded 6�J8 N, UU
Tier 1 Tier 2 Total Contract
Month Tier 1Qr Pricing Q TIor2 Pricing Requirements
Se 10 12 300 $5.39 4.100 Index+S0.06 16 400
Ocl-10 12,525 5.39 4,175 Index w 50.06 16 700
Nov-10 12300 $5.39 4100 1ndex+$0.06 16,400
TOTAL 145,675 46.525 1 94,101)
For each Facility,if the Facility's Actual Usage during;any month is greater titan the Maximum Usage
for such month ("Excess Usage") or less than the Minimum Usage for such month ("Deficiency
Usage"),Customer will pay OEMI, in addition to the Sales Price,the following amounts;
Excess Usage If during any month Customer has Excess Usage, OEMI will invoice Customer for all
Excess Usage at the greater of the Wes Price or the Spot Price for the month following the month of the
Excess Usage plus (i) all actual incremental transportation costs that OEM incurs to effect tile,delivery
of the Excess Usage, (ii)applicable fuel and shrinkage charges that OEM incurs to trunsport the Excess
Usage and(iii) all applicable taxes,receipt paint,pooling,metering and other related charges and fees
that may be imposed by Customer's utility, as applicable.
Deficiency Usage. If during any month Customer have Deficiency Usage OEMI will invoice Customer
for the difference between the Spot Price for the following month and the Sales Price for each Dth of
Deficiency Usage to the extent the Spot Price is less than the Sales Price during such month.
As used in the Master Agreement and Confirmation:
"Ac - Usage"means the actual amount of gas used at each Facility duripg any period of
determination.
Any gas sold to Customer to either make up a negative imbalance or inject gas into storage for
Customer's account shall be considered part of Customer's Monthly Contract Requirement for the month
in which such gas is sold.
If, at the beginning of this Confirmation,Customer's utility account has a negative imbalance, then the
underage volume will automatically be considered a part of actual usage and sold to Customer at the
Confirmation price in effect for the first month of the trim.
If, at the beginning of this Confirmation,Customer has an active storage account with the Utility,then,
at Customer's written request, OEMI may agree to sell gas to Customer sufficient to fill the Customer's
storage inventory account at the Confirmation price in effect during the month the gas is injected or,
traded into Customer's storage. Customer will be billed by Utility for all other storage tariff services and
charges.
"Snot Price" means the"Bidweek Avg, Price"for each month as reported in Natural Gras Intelligence
Gas Price Index, or successor publication,in the table labeled"California Harder",adjacent to the listing
captioned "Southern California Border Avg.",plus 10.25 per Dth.
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"Maximum Usage" moans an amount equal to 110% of Customer's Monthly Contract Requirements for
the applicable month.
"Minim�ur I Usage"means an amount equal to 90%of Customer's Monthly Contract Requirements for
the applicable month.
Tndex inversion. At anytime during the term of this Conf=atian, Customer may request that an
index price be converted by OEMI to a fixed price. If mutual agreement is not reached by both Parties
regarding a conversion,then the Sales Price will continue as specified in the Confirmation. Index
Conversion for the Monthly Contract Requirements of the Delivery Term can be requested via
OxyDirect,an electronic system for ilia execution of transactions involving physical gas,after the
OxyDirect Participant Agreement has been executed.
This Confirmation is being provided in accordance with the Master Natural Gas Retail Sales Agreement
("the Agreement")and is subject to all of the terms and provisions of the Agreement. Please sign and
return the Confirmation to OEMI by 10:00 a.m. PST November 19, 2009("Deadline") at(713) 985-
1627. This confirm will be deemed effective and binding when OEMI receives the signed Confirmation
from the Customer'before the Deadline.
City of Palm Springs Occidental Energy Marketing,Inc.
.�� By:
Name: y '�.s/r Name: Pat Mum h rn
Sr. Vice President Trading&
Title: G� /�sd,✓r)� Title: Origination
Date: /i 9 Date:
OCT-30-2008 THU 10:02 AM PS PROCURGMGNI FAX NO. 760 323 8238 P. 01
Exhibit B
OCCIDENTAL ENERGY M RKETING, INC.
CONFIRMATIp TO
Master NaWral Gas S.I IS Coiltrect
This(:oniurnation replaces and supemcdcs n,m pre-amsti p,Confirmation between Customcr and OEM)
that overlaps Dcliveq, 'fer-n1 and/or Facrht)(s).
Coll frmatlor) onRrmation
Date' J 0L10/2008 umber City or'Palm Springs-7
d
Customer: Cif} nCPalm SFrlrgs _ Supplier Occidental Energy Marl:eum, Tnc_
Attn Crwq Gladders Aim Contract Administration
Phone: 760-527-8368 Phone. _(713)215-7939
Fax _760-322-8238 i Fav (113) 995-1617
Delivery point. SoCul Border - — SnJcs price; Fitted price$647 ---
t7accmbcr O L NOS through ---
Dclivcry Term, November 30, 2009 _ Pubhcabon: Natunsl Cris fntcllibence __•_
LocaNan SoCa Border
Faedity Ci[y of Palm Springs. ., IFacility TD: C196 .
I
Cuetome �lnnthly
montn Contract a ulrement5_
15,600 W
_ Fedruary 13,500
March 1G 500
_ A i1 9G,600
Mav _16,700
June ` 16,900
JUIy _ -- 17,000�—
Au0utl1 17,100 _
Se [ember 1G,$o0
October _ 16,701)
�Novembar 1G�200
Total❑eCrnlbSr __ I •f6.500
95 50o
9
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t
001-30-200B THU 10.02 AM PS PRODUHEMEN1 ' FAX NO 760 323 8238 P. 02
For oach Facility. If the Faclllt}'s AgLu t Isane during wj I month is greater than the Matitmum Usago
for such month ("excess Usag-y") or Ics.S fain the Minims n Usago for such month ("Deficiency
U5a e"), Cu-tamer will pay OEMI, in addition to the Sal 9 price, the following crosou ss'
Excess L)s-ig ll"during tiny mnnUt CttSLumcr has T aces. Isage.OBMI will invoice Customer for all
Excess Lfsage at Ilse -roator or the Sales Price or[he Spot "rice for the month following the month of the
Exee s5 Usage plus (t) all actual incromenfal transportatio costs that QEMI incurs to effect the delivery
of the Excoss Usage, (if)applicable fuel and shrinka-t chi rgcs that OFlvtf incurs to transport the Excess
Uaagc and(fir)all applicable ta,�c& receipt point, pooling mcicring and other rrJaled charges and fees
That m:f}• be unposed bf CustOmer'S uhlityr,av appilUnble
❑eficienev Ltsaec TI`during any month Customer have Ifioiunny IJsa;i;OENJ will invoice Customer
for'lie di fTerenec between the Spot Price for the followin month and the Sales Price for each Dth of
Deficiency Usage io the extent the Spol Price is Ions than II se Sales Price during such month.
i
As used in the Master Agreement and Confirmation.
'Actual USa M"means the actual mrrDunl of gas used al e•i•h Facility during any period of
delennintttlon.
Any has sold to Customcr to either make up a negative in alance nr inject gas into storage for
CLISfOtner"s aceor.art shall be considcrcd parl of(lisloTJtW Monthly Contract Requirement for the month
in which such gas IS sold
117, aT the beginning ofthis Confirmation, Customer's Wilu account/ has a nog^Live imbalance. then the
underage volume will automatically be cupsidered a part t'actual usage and sold to Customcr at the
Confirmation prlee in effect for the I,rsl rrlanth of the tern
I' at the beginning of this Confirmation, Customcr has an tcuvc Stcragc account With Ilse Utility,then.
at Customer's written request, OP,^.MT may agree to sell ana to Customer sufficient to rill the Custmnef's
Storage rm'ental)' account of the Conlinmtion price in off 'I during the month the gas' is injected or
traded into Custamur's storage. CLISIOmcr)vill ba billed b Utility for all other storage tariff services and
charges.
"Snot Price" means dhe"BidNvb&Av.. Price'for each m Ih as reported in Natund Gas Irrlol ligence
Gas Price Index,or successor publication. m the Lablc Iah IId"California Border',adlacent to the listing
caplioned '-Souuhem California Border Avg.", plus$0.25 r Oth,
"Maximum Usage" means an amount equal to 1 10%ofCe�'Iomer's Monthly Contract Requirements for
the applicable month
Minimum Usage'"meatus an amount equ.J In 90'Y"of Cu mer's Monthly Contract Regttiremcnts for
the appl i cabl o month.
Index Conversion. At anv lime during the term()('this Cor innafion, Customer mdry request that an
index price be converted by opmf to a fixed price If inu sal agreement is not reached by both Parties
regarding a com mion,then the Sales Price will conllnue specifod in the Confirmation. Index.
Conversion for the Monthly Contract Requirements ortho peliverq Term can be requested via
OxyDirect,on electronic system for file exceW toil of trans •ions mvolh ing physical gas, alter the
0 yDrrect Participant Agreemeni has been executed.
i
'4 -
OOT-30-2008 THU 10:02 AM PS PROCUREMENT FAS N0. 760 323 8238
This ConGmtnlion is bcml; provided in occordwice vvilh is Mn3ler Natural Gas Retail Sales A(Teemcnt
("the Agreement")vid is subject tin rill orthv terms and 3visions of the Agrccmcnt Please sign and
ramtn the Clonlirmation to OEMs by /1.00 a in. P.W'061.5cr 20. 00("Dcadline")aL(71 3) 935-1627•
This Confirm will be deemed cfrecli�e and binding whcil EN 1 recenw The sighed Con tl rrnaLi on 1[om
Vic Customer before Lhc Dcadline.
City orPalm Springs Occ ionial Energy MsrkkeetinngTric
Name, —� rj N21T PathAulhern
Sr.Vice President Trading&
Origi LtaLion -
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