Loading...
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 Page 1 of 3 11/1/93 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 Page 2 of 1 1111/93 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 11/1/93