Reso 1997-121 to 125 - Laserfiche WebLink

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the product of a participants usage times the unit rate for gas for each month. The unit rate is the total monthly cost of natural gas purchased for all participants at the supplier contract price divided by the total monthly usage of participants. The supplier contract price is $1.90 per MMBtu for the first 575 MMBtu per day, except in the event an industry index price stipulated in the contract falls below $1.68 per MMBtu. In this event, the supplier price shall be $1.68 per MMBtu minus 50% of the difference between the industry index price and $1.68. All remaining purchases will be priced at the utility's core subscription price (Schedule G-CSP) minus $0.22 per MMBtu. The gas commodity price stated in this paragraph shall remain in effect until June 30, 1998. 12. Change 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 Agency: 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. 13.3 Credit Account Payout: 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. 14. Power Purchasing Pool Committee: John J. Jermanis, City Manager, 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. -5-