1998-124-Execute Agreement With Pacific Gas And Electric Company For Supply Of Natural Gas And For Compression As A Motor-Vehicle Fuel Located At The Town Service CenterRESOLUTION 1998 - 124
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
WITH PACIFIC GAS AND ELECTRIC COMPANY
FOR SUPPLY OF NATURAL GAS FOR COMPRESSION AS A MOTOR - VEHICLE FUEL
LOCATED AT THE TOWN OF LOS GATOS SERVICE CENTER - 41 MILES AVENUE
WHEREAS, the Town owns CNG powered vehicles, and desires to purchase a supply
of natural gas for compression for use as a motor- vehicle fuel located at the Town of Los
Gatos Service Center, 41 Miles Avenue, and
WHEREAS, the Town agrees to purchase and Pacific Gas and Electric Company
agrees to provide natural gas pursuant to the terns of the Agreement for supply of natural gas
(attached as Exhibit A), and
WHEREAS, the Town and Pacific Gas and Electric agree to abide by the terms of the
rate schedule and its successor, as well as all effective rules in Pacific Gas and Electric
Company's gas tariff schedules (attached as Attachment 2), and
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town Manager is authorized to execute an
agreement with Pacific Gas and Electric Company for purchase of natural gas for compression
as a motor - vehicle fuel.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of August, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GA S
LOS GATOS, CALIFORNIA
7IrtI
Distribu•.Ln:
q Customer (Original) q Region Account No.: WJ NG 10001
q Division (Original) q Customer Accounting Acct. Rep: Scene Erickson
q Marketing Services (Original) Rep Phone No: (408) 7553347
AGREEMENT FOR SUPPLY OF NATURAL GAS
FOR COMPRESSION AS A MOTOR - VEHICLE FUEL
GENERAL
1. This Agreement, between Pacific Gas and Electric Company (PG &E), a California corporation,
and the Town. of Los Gatos (Customer), a municipality, is for the supply of natural gas for compression
for use as a motor - vehicle fuel at Customer's premises located at: 41 Miles St. , Los Gatos.
2. Customer agrees to purchase and PG &E agrees to provide a supply of natural gas pursuant to
the terms of this Agreement and to experimental rate Schedule G -NGV1, or its successor.
3. Attached to this Agreement, for illustrative purposes, are all applicable PG &E gas rules and rate
schedules in effect at the time of this Agreement execution.
4. Both Customer and PG &E agree to abide by the terms of the above rate Schedule and its
successor, as well as all effective rules in PG &E's gas tariff schedules.
FACILITIES
5. PG &E shall not be obligated to furnish facilities in addition to standard metering and pressure
regulating equipment to provide service under rate Schedule G -NGV1. Where additional facilities are
required, they will be treated as special facilities in accordance with PG &E's gas Rule 2, Description of
Service.
6. Delivery of natural gas shall be at the point where pipes owned, leased or under license by Customer
contact PG &E's pipes, but for convenience of the parties natural gas may be regulated and /or metered at
such location on the Customer's side of the point of delivery as shall be agreed upon by the parties.
BILLING
7. PG &E will bill customer at the applicable rate(s) set forth above for the total natural gas service
during the calendar month.
8. PG &E will send the Customer's monthly billing to the following address:
Finance Department
110 E. Main St.
Los Gatos, CA 95030
TERM AND TERMINATION
9. The initial tern of this Agreement shall be one month(s) commencing July 3, 1998. This
Agreement shall continue on a month -to -month basis until terminated by either party upon thirty (30)
days prior written notice.
EXHIBIT A
Forth No. 79.765
Pricing & Regulatory Support
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COMMUNICATIONS
10. Any formal communications concerning this Agreement shall be in writing. Formal
communications are to be delivered either by hand or by certified delivery to the appropriate address, as
follows:
To the Customer: David W. Knapp
Town of Los Gatos
110 E. Main St.
Los Gatos, CA. 95030
To PG &E: Faith Kerns
356 E. Alisal St.
Salinas, CA. 93901
Attention: Account Services Director
11. Either party must designate by written notice any change of address to which formal
communications should be sent. Formal communications shall be deemed effective when received.
RIGHTS TO DATA
12. PG &E has the right to collect, use, or distribute all vehicle performance data relating to the
Customer's compressed natural gas (CNG) vehicle operations.
ASSIGNMENT
13. This Agreement may not be assigned by either party without the written consent of the other. If
this Agreement is assigned, it shall be binding on the party to which it is assigned. Assignment of this
Agreement shall not release the assigning party from any of its obligations under this Agreement unless
such a i&elease is agreed to in writing by the other party and the assuming party.
EXCLUSIVE NATURE AND INTERPRETATIONS
14. This Agreement does not change the obligations, restrictions or rights contained in other
agreements between the parties unless expressly indicated in this Agreement. Customer and PG &E
agree that all understandings between them regarding this Agreement are set forth or referenced in this
Agreement. No agreements, representations, memoranda, or other forms of communication, written or
oral, exchanged before the signing of this Agreement, shall be grounds for altering or interpreting the
terms of this Agreement.
15. This Agreement shall be interpreted under the laws of the State of California, excluding any
choice of law rules which may direct the application of the laws of another jurisdiction. This Agreement
and the obligations of the two parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those authorities).
Form No. 79 -755
Pricing & Regulatory Support
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REGULATORY
16. This Agreement shall at all times be subject to any changes or modifications the California
Public Utilities Commission may direct from time to time in the exercise of its jurisdiction. Such changes
or modifications may be to this Agreement or to PG &E's applicable tariff schedules. PG &E shall notify
the Customer of any such changes or modifications which may affect Customer's obligations under this
Agreement.
by (For Customer)
(Signature)
David W. Knapp
(Name)
Town Manager
(Title)
(Date)
Illustrative Attachments: Rate Schedule G -NGV1
Gas Rules 2,14
APPROVED AS TO FORM
ORRY KORB, TOWN ATTORNEY
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
For Pacific Gas and Electric Company)
(Signature)
Faith Kerns
(Name)
Account Services Director
(Title)
(Date)
Form No. 79 -796
Pricing & Regulatory Support
Page 3 of 3
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