Loading...
Resolution No. 09903 1 RESOLUTION-NO. 9903 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE 5 TRANSMISSION SERVICE BY AND BETWEEN THE CITY OF VERNON AND SOUTHERN CALIFORNIA GAS COMPANY 6 7 WHEREAS, on April 13, 2005, the City Council of the City of 8 Vernon adopted Resolution No. 8719. approving a Master Services 9 Contract, dated January 27, 2005, Master Services Contract Schedule A- 10 Intrastate Transmission Service Transportation Services Addendum 11 (Order ,Control Code V08) and Master Services Contract. Schedule A 12 Intrastate Transmission Service dated February 8, 2005,-with Southern 13 California Gas Company ("SoCalGas") setting forth the terms and 14 conditions under which SoCalGas provides natural gas services to the 15 City pursuant to applicable Tariff Rate Schedules and Tariff Rules 16 which-have been filed with the Public Utilities Commission of the 17 State of California; and 18 WHEREAS, the City of Vernon desires to renew the Master 19 Services Contract Schedule A Intrastate Transmission Service-(the 20 "Agreement") for the term April 1, 2-009 through April 1, 2011; and 21 WHEREAS., the Master Services Contract Schedule A Intrastate 22 Transmission Service sets forth the terms and conditions under which 23 SoCalGas transports gas, or transports and procures gas, for the City 24 .pursuant to applicable Tariff Rate Schedules and Tariff Rules; and 25 WHEREAS., the City Council of the City of Vernon has --26- -determined that,:punsuant to the provisions of subsection (a) of 27 Section 2.27 of the Vernon City Code, it is in the public interest and 28 necessity to enter into-the Agreement with SoCalGas. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2 CITY OF VERNON AS FOLLOWS: 3 SECTION 1: The City Council of the City of Vernon hereby 4 finds and determines that the recitals contained hereinabove are true 5 and correct. 6 SECTION 2: The City Council of the City of Vernon hereby 7 approves the Master Services Contract Schedule A Intrastate. 8 Transmission Service in substantially-the same form as the copy which 9 is attached hereto as Exhibit A and incorporated by reference. 10 SECTION 3: The City Council of the City of Vernon hereby 11 authorizes the Director of Light & Power to execute said Agreement for, 12 and on behalf of, the City of Vernon and the City Clerk or Deputy City 13 Clerk is hereby authorized to attest thereto. 14 SECTION 4: The City Council of the City of Vernon hereby 15 authorizes the City Administrator, or his designee, to make whatever 16 nonsubstantive, administrative and/or text changes, upon advice of 17 counsel, to the Agreement. 18 SECTION 5: The City Council of the City of Vernon hereby 19 approves and authorizes the City Administrator, or his designee, to 20 perform such acts and deeds as may be necessary or corivenient to effect 21 the purposes of this Resolution and the transactions herein approved or 22 authorized and to execute any and all other documents as shall be 23 required under the terms of the Agreement. 24 / / / 25 / / / --2-6 / / 27 / / / 28 / / / - 2 - 1 SECTION 6: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, .and thereupon and 3 thereafter the same-shall be in full force and effect. 4 APPROVED AND. ADOPTED this 30th day of March, 2009.. 6 ~ Leonis C. Malburg Name: 7 Title : Mayor / -P~s~--F~-o -T~~n 8 g ATTEST: 10 ~ 11 MANUELA GIR C'ty Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _ _ _ _ _ _ _ 27 28 - 3 - 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No.-9903, was 6 duly adopted by the City: Council of the-City of Vernon at a regular 7 meeting of the City Council duly held on Monday, March 30,.20.09, and g thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of g Vernon. 10 c 11 MANUELA ON, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 2 6 27 28 - 4 - EXHIBIT A MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE This Agreement is entered into by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed .attached to and incorporated as a Schedule in the Master Services Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 - Scoae A. Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and Tariff Rules ("Tariffs") on file with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility shall be paid for by Customer at the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth in the Tariffs. B. Effective Date/Term (1) The Effective-Date of this Agreement shall be as of 12:00 AM on April 1st. 2009. (2) The initial term of this Agreement shall end on April 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs'on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by the Customer, an available Tariff Service that allows a month term may be provided. At.the end of the initial term, this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20) days prior to the last day of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations Customer has requested and agreed to pay for, and Utility has determined that Customer is qualified for transmission services to the following locations (the data provided will be utilized by Utifity in determinations regarding curtailment): Form 6597-1 Revised 6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: 'City Of Vernon Account Number: 095-680-6306 Address: 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, GA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts -0perations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave.- Address: Vernon, CA 90058 Vernon CA 90058 Tel: No: (323) 583-8811 813 Tel. No: (323) 826-1461 Fax No; (323) 826-1425 Fax No: (323) 585-3119 Customer-shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE U1 Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- . The term of this sequence is for, 2 Year s . - MONTHLI' SCHEDULED QUANTITY (THERMS) .January 9,798,697 July 8,921;831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380 April- 9,260,010 October 6,664,969 May 8,901,247 November 6,508,140. June 8,623,710 December 8,042,640 Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are:- M x•_ T x V11 x Th _ x_ _ F x Sat x ...Sun. x Form 6597-1 Revised 6/2003 2 MSC # 220772 Contract # 246675 Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements with Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by.the customer, including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code. Section.5 -Billing and Payment Billing and Payment for services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing instructions should be noted in Section 7(E). Section 6 -Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not be withheld unreasonably, provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. , Section 7 -Miscellaneous A. Use or Pay Aggregator: N/A Use or Pay Aggregators will automatically be atathorized to access Customer's meter usage. To the extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices: Any written notices from one party to the other affecting this Agreement shall be sent fo the following locations (unless. changed by seven days prior written notice): Customer Utility City Of Vernon Southern California Gas Company Light 8~ Power Department 555 West Fifth Street - 4305-Santa-Fe-Avenue- - - ---GT 22A1-- - - - - Vernon CA 90058 Los Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: Paul D Borkovich Title: Director of Light 8~ Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1; are incorporated herein by reference as if set forth in full. Form 6597-1 Revised 6/2003. 3 MSC # 220772 Contract # 246675 D. Miscellaneous Legal Provisions: This Agreement incorporates by reference all. terms and conditions of the MSC: E. Special Conditions: The following special conditions of service are applicable hereto: N/A IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility City Of Vernon Southern California Gas Company. Signature: Signature: Name: Mr. Donal O'Callaghan Name: Mr. Richard M Morrow Title: Director of Light & Power Title: VP -Customer Services ATTEST: By: Manuela Giron, City Clerk Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 1, 2009 T0: Donal O' Callaghan, Director of Light & Power FROM) Nelly Giron, City Clerk RE: Resolution No. 9903 - A Resolution of the City Council of the City of Vernon Approving and. Authorizing the Execution of a Master Services Contract Schedule A Intrastate Transmission Service By and Between the City of Vernon and Southern California Gas Company Transmitted herewith is a copy of Resolution No. 9903, referenced above, which was approved by City Council on March 30, 2009,. along with two partially executed original agreements for your transmittal. Upon execution, please ensure that a fully executed original agreement is returned to this office. Thank you. NG:dj c: Resolution No. 9903 Agreement 09-053 MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE -This Agreement is entered into. by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services. Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 -Scone A. Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and .Tariff Rules ("Tariffs") on file with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility shall be paid for by Customer at the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth in the Tariffs: B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of 12:00 AM on April 1st. 2009. (2) The initial term of this Agreement shall end on April 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by - the Customer, an available Tariff Service that allows a month term may be provided. At the end of the initial term, this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20)-days prior to the last day of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations Customer has requested and agreed to pay for, and Utility has determined that Customer is qualified for transmission services to the,following locations (the data provided will be utilized by Utility in determinations regarding curtailment): Form 6597-1 Revised .6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: City Of Vernon Account Number: 095-680-6306 Address: 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NQ Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements:' YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Tifle: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. No: (323) 583-8811 813 Tel. Na (323) 826-1461 Fax No: (323) 826-1425 Fax No: (323) 585-3119. Customer shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE 01 Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- The term of this sequence is for: 2 Year s . MONTHLY SCHEDULED QUANTITY (THERMS) January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380. April 9,260,010 October 6,664,969 May 8,901,247 November 6,508,140 June 8,623,710 December 8,042,640 . Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W x Th x F x Sat x Sun x Form 6597-1 Revised 6/2003 2 MSC # 220772 Contract # 246675 Section 3 -Other Existing Transportation/Exchange Arrangements (1). Customer has existing intrastate transportation/exchange arrangements with Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by the customer, including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code. Section 5 -Billing and Payment Billing and Payment for. services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing .instructions should be noted in Section 7(E). Section 6 -Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not be withheld unreasonably, provided-that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. Section 7 -Miscellaneous A. Use or Pay Aggregator: N/A Use or Pay Aggregators will automatically be authorized to access Customer's meter usage.. To the extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices: Any written notices from one party to the other affecting this Agreement shall be sent to the following locations (unless changed by seven days prior written notice): Customer Utility City Of Vernon Southern California Gas Company Light 8~ Power Department 555 West Fifth Street 4305 Santa Fe Avenue GT 22A1 V_ernon_CA_9-0058 - _ Los-Angeles-CA-90013 - - - - Attn: Mr. Donal O'Callaghan Attn: -Paul D Borkovich Title:.. Director of Light & Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full. Form 6597-1 Revised 6/2003 3 MSC # 220772 Contract # 246675 D. Miscellaneous Legal Provisions: This Agreement incorporates by reference all terms and conditions of the MSC. E. Special Conditions: The following special conditions of service are applicable hereto:. N/A IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility Cit Of rnon - Southern California Gas Company Signat • ~ _ - Signature: Name: Mr. Donal O'Calla Name: Mr. Richard M Morrow Title: Director of Light & Power Title: VP -Customer Services ATT sy: Manuela Giro , 'ty Clerk Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 APP F ,C ~ ~ ~ ~ a,~ ROVED PtAI~ C 9 Cl~Y COi1?~CIl. o 4~ ~z, INTEROFFICE rr~ ! y~~ t°~ MEMORANDUM LZZ~ Light & Power bepartment DATE: March 23, 2009 TO: -Eric French City Administrator FROM: Donal O'Callaghan Director of Light and Power SUBJECT: Renewal of Master Services Contract Schedule A Intrastate Transmission Service Attached for City Council approval is the renewal Master Services Contract Schedule A Intrastate Transmission Service Contract. The effective date of the Contract will become affective April 1, 2009 and shall end on April 1, 2011. If you have any questions, you can reach me at extension 834. DOC:rmt Attachment c: Dan Bergmann Gas File No. 12.310 ;'Nel1y Giron, Judy Lehr MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE -This Agreement is entered into by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 -Scope A. Inten This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and Tariff Rules ("Tariffs") on file with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility shall be paid for by Customer at-the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth in the Tariffs. B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of 12:00 AM on Aoril 1st. 2009. (2) The initialterm of this Agreement shall end on Aaril 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by the Customer, an available Tariff Service that allows a month term maybe provided. At the end of the initial term;-this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less thap twenty (20) days prior to the last day of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations Customer has requested-and agreed to pay for, and Utility has determined that Customer is qualified for transmission. services to the following locations (the data provided will be utilized by Utility in determinations regarding curtailment): Form 6597-1 Revised 6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: City Of Vernon Account. Number: 095-680-6306 Address: 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. No: (323) 583-8811 .813 Tel. No: (323) 826-1461 Fax No: (323).826-1425 Fax No: (323) 585-3119 Customer shall notify Utility in the event. of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE<01 - Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- - The term of this sequence is for: 2 Year s . MONTHLY SCHEDULED QUANTITY (THERMS) January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,01.2 March 9,460,208 September 8,611,380 April 9,260,010 October 6,664,969 May 8,901.,247 November 6,508,140 June 8,623,710 December 8,042,640 Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W" x Th x F x Sat x Sun x Form 6597-1 Revised 6/2003 2 MSC # 220772 Contract # 246675 Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements.with'Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by the customer,- including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code. Section 5 -Billing and Payment Billing and Payment for services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing instructions should be noted in Section 7(E). Section 6 -Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not be withheld unreasonably, provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. , Section 7 -Miscellaneous A. Use or Pay Aggregator:. N/A Use or Pay Aggregators will automatically be authorized to access Customer's meter usage. To the extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices: - Any written notices from one party to the other affecting this Agreement shall be sent to the following locations (unless changed by seven days prior written- notice): Customer Utility City Of Vernon Southern California Gas Company Light & Power Department 555 West Fifth Street 4-305-Santa-Fe Avenue - - - _ _ ~T 22A1-- - _ _ - - Vernon CA 90058. Los Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: Paul D Borkovich Title: Director of Light & Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full Form 6597-1 Revised 6/2003 3 MSC # 220772 ContracY# 246675 D. Miscellaneous Legal Provisions: This Agreement incorporates by reference all terms and conditions of the MSC. E. Special Conditions: The following special conditions of service are applicable hereto: N/A ` IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility City Of Vernon Southern California-Gas Company Signature: Signature: Name: Mr. Donal O'Callaghan Name: Mr. Richard M Morrow Title: Director of Light 8 Power Title: VP -Customer Services Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE This Agreement is entered into by and between Southern California Gas Company ("Utility") and .City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 -Scope. A. Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and. Tariff Rules ("Tariffs") on file-with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility. shall be paid for by Customer at the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth, in the Tariffs. B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of 12:00 AM on April 1st.-2009. (2) The initial term of this Agreement shall end on April 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by' the Customer, an available Tariff Service that allows a month term may be provided. At the end of the initial term, this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20) days prior to the IasYday of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations Customer has requested and agreed to pay for; and Utility has determined that Customer is qualified for transmission services to the following locations (the data provided will be utilized by Utility in determinations regarding curtailment): Form 6597-1 Revised 6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: City Of Vernon Account Number: 095-680-6306 Address:- 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. No: (323) 583-8811 813 Tel. No: (323) 826-1461 Fax No: (323) 826-1425 Fax No: (323) 585-3119 Customer shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE 01 Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- The term of this sequence is for: 2 Year s . MONTHLY SCHEDULE© QUANTITY (THERMS) January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380 April 9,260,010 October 6,664,969 May 8,901,247 November. 6,508,140 June 8,623,710 December 8,042,640 Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W x Th x F x .Sat x Sun x Form 6597-1 Revised 6/2003 2 MSC # 220772 .Contract # 246675_ Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements with- Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuanf o imbalance service provided under Tariff Schedule G-1MB shall be applied. Additional elections may be made by the customer, including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code. Section 5 -Billing and Payment Billing and Payment for services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing instructioris should be noted in Section 7(E). Section 6 - Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not be withheld unreasonably,- provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. Section 7 -Miscellaneous A. Use or Pay Aggregator: N/A Use or Pay Aggregators will automatically be authorized to access Customer's meter usage. To fhe extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices: Any written notices from one party to the other affectingthis Agreement shall be sent to the following locations (unless changed by seven days prior written notice): .Customer Utility. City Of Vernon Southern California Gas Company Light & Power Department 555 West Fifth Street 4305-Santa-Fe-Avenue - - - - -GT-22A1--- - - - - _ - - - Vernon CA 90058 -Los Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: Paul D Borkovich Title: Director of Light 8 Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full Form 6597-1 Revised 6/2003 3 MSC # 220772 Contract # 246675 D. Miscellaneous Legal Provisions: ,This Agreement incorporates by reference all terms and conditions of the MSC. E. Special Conditions: The following special conditions of service are applicable hereto: N/A IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility City Of Vernon Southern California Gas Company Signature: Signature: Name: Mr. Donal O'Callaghan Name: Mr. Richard M Morrow Title: Director of Light & Power Title: VP -Customer Services Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE This Agreement is entered into by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services .Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 - Scoae A. .Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas; for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and Tariff Rules ("Tariffs") on file with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility-shall be paid forby Customer at the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth in the Tariffs. B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of-12:00 AM on April 1st. 2009. " (2) The initial term of this Agreement shall end on April 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC.. In the event-any such Billing Schedule Sequences are not amended or renewed by the Customer, an available Tariff Service that allows a month term may be provided. At the end of the initial term, this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20) days prior to the last day of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations .Customer has requested and agreed to pay for; and Utility has determined that Customer is qualified for transmission services to the following locations (the data provided will be utilized by Utility in determinations regarding curtailment); Form 6597-1 Revised 6/2003 1 MSC # 220772 Contracf# 246675 Facility A Facility Name: City Of Vernon Account Number: 095-680-6306 Address: 5101 S Downey Rd -Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 .5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. No: (323) 583-8811 813 Tel. No: (323) 826-1461 Fax No: (323) 826-1425 Fax No: (323) 585-3119 Customer shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE 01 Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- The term of this sequence is for: 2 Year s . MONTHLY SCHEDULED QUANTITY (THERMS) January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380 April 9,260,010 October 6,664,969 May 8,901,247 November 6,508,140 June 8,623,710 ~ December 8,042,640 Annual Quantity 102.339.236. Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W x Th x F x Sat x Sun x Form 6597-1 .Revised 6/2003 2 MSC # 220772 Contract # 246675 Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements with Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control. Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation. Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by the customer, including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing-the same Order Control Code. Section 5 - Billing_and Payment Billing and Payment for services hereunder shall be as provided in Utility's Tariff Rule No. 9. -Any special billing instructions should be noted in Section 7(E). Section 6 - Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility .which shall not be withheld unreasonably, provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. Section 7 -Miscellaneous A. Use or Pay Aggregator: N/A Use or Pay Aggregators will automatically be authorized to access Customer's meter. usage. To the extent applicable, appropriate authorization by Customer (including-the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices:- Any written notices from one party to the other affecting this Agreement shall be sent to the following locations (unless changed by seven days prior written notice): Customer Utility City Of Vernon Southern California Gas Company Light & Power Department 555-West Fifth Street 4305 Santa Fe Avenue GT 22A1 Vernon CA 90058 Los Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: PauI.D Borkovich Title:. Director of Light & Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full Form 6597-1 Revised 6/2003 3 MSC # 220772 .Contract # 246675 D. Miscellaneous Legal Provisions: This Agreement incorporates by reference all terms and conditions of the MSC. E. Special Conditions: The following special conditions of service are applicable hereto: N/A IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof, Customer Utility Cit Of Verno Southern Califor as C an Si ature~ ~ Signature: Name: Mr. Donal O'Calla Name: Mr. Richard M Morrow Title: Director of Light 8~ Power Title: VP -Customer Services ATTE By: Manuela Giron, ity Clerk Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 Paul D. Borkovich Electric Generation & Wholesale Market Segment Manager Southern California Gas Company® a ~ Sempra Energy ~t~rty Apri129, 2009 Southern California Gas Company Mr. Donal O'Callaghan sss w r~frh sneer, Director of Light & Power crzzal -Light & Power Departmenf r.°.t Angeles.. ca -City of Vernon X0013-10.0 4305 Santa Fe Avenue Tel: zi.~-z~a-361 .Vernon CA 90058 rax: zl3-Zap-szzz Lnaail: Re: Fully. Executed Master Services Contract Schedule A Intrastate Transmission. Service. pb°rka`''°"~"e,n,~~~nt,r;ur;es.eana -Dear Donal, Enclosed is a fully executed copy. of the Gas Transmission Contract for your. records. Please call me at (213) 244-3691 if you have any questions. Sincerely,,:. Paul D. Borkovich Energy Markets Segment Manager RECE . MA ` 2x09 LIGHT & POW~~ ~?EF~ r ~ ~ ~ ~ ' . ~ F - ~ , _n _i , - - i" LIGHT &POWER-DEPARTMENT Donal O'Callaghan, Director of Light & Power April 2, 2009 Mr. Paul Borkovich Market- Segment Manager Southern. California Gas Company :555 W. 5th Streef, GT22A1 .Los Angeles, California 90013 Re: Master Services. Contract Schedule A Intrastate Transmission Service By and Between the City of Vernon and Southern California Gas Company Dear Mr. Borkovich:_ ` Enclosed herewith are two original "Master Services Contract Schedule A Intrastate Transmission Service" contracts. Please review and if this meets with your approval have both documents fully executed by Mr. Richard M. Morrow, Vice President-Customer Services. Please retain one original for your records and return the other original to the attention of the undersigned below. , If you have any questions, please call me at (323) 583-8811, extension 834. Sincerely; CITY OF VERNON Dona10'Callaghan Director of Light and Power DO:rmf c: Dan Bergmann Nelly Giron -Resolution No: 9903 Project Controls Gas File No. fi2.0305 4305 Santa Fe Avenue, Vernon; California 90058 Telephone (323) 583-8811 Fax (323) 826-1425 - - c ~ _,_~_r ~~a~ - AI'PRaVED P~Ah l7 'd9 CITY CUUNCIi. _ - _ _ ,s F,~ i r t LNTEROFFICE ~ "rr{~! MEMORANDUM " ~n"tc~ i Light & Power Department. DATE: March 23, 2009 TO: Eric French City Administrator FROM: Donal O'Callaghan Director of-Light and Power SUBJECT: Renewal. of Master Services Contract Schedule A Intrastate Transmission Service Attached for City Council approval is the renewal Master Services Contract Schedule A Intrastate Transmission Service Contract. The effective date of the Contract will become affective April 1, 2009 and shall end on April 1, 2011. If you have any questions, you can reach me at extension. 834. DOC:rmt Attachment c: Dan Bergmann Gas File No. 12.310 €`Nelly Giron~ Judy Lehr MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE This Agreement is entered into by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 - Scoae A. Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and Tariff Rules ("Tariffs") on file with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility shall be paid for by Customer at-the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent than set forth in the Tariffs. B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of 12:00 AM on April 1st. 2009. (2) The initial term of this Agreement shall end on April 1st. 2011. (3) Billing Schedule Sequences for terms .less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by the Customer, an available Tariff Service that allows a month term may be provided. At the end of the initial term; this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20) days prior to the last day of the initial term or any month thereafter. Section 2 -Services-Provided and Redelivery Locations Customer has requested and agreed to pay for, and Utility has determined that Customer is qualified for transmission. services to the following locations (the data provided will be utilized by Utility in determinations regarding curtailment): Form 6597-1 Revised 6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: City Of Vernon Account. Number: 095-680-6306 Address: 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. No' (323) 583-8811 813 Tel. No: (323) 826-1461 Fax No: (323).826-1425 Fax No: (323) 585-3119 Customer shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE 01 - Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- The term of this sequence is for: 2 Year s . MONTHLY SCHEDULED QUANTITY`'(THERMS) January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380 April 9,260,010 October 6,664,969 May 8,901.,247 November 6,508,140 June 8,623,710 December 8,042,640 Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W x Th x F x Sat x Sun x Form 6597-1 Revised 6/2003 2 MSC # 220772 Contract # 246675 Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements with Utility: No (2) Date of Arrangement: (3) Term of Arrangement: ' (4) This Agreement shalF have no impact on such existing arrangement except: Section 4 -Transportation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services' Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by the customer, including but not limited to the use of Agent orContracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code. Section 5 -Billing and Payment Billing and Payment for. services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing .instructions should be noted in Section 7(E). Section 6 -Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not. be withheld unreasonably, provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. Section 7 -Miscellaneous A. Use or Pay Aggregator:. N/A Use or Pay Aggregators will automatically be authorized to access Customer's meter usage. To the .extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has ' been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. ContactslNotices: Any written notices from one party to the other affecting this Agreementshall be sent to the following locations (unless changed by seven days prior written- notice): Customer Utility City Of Vernon Southern California Gas Company Light & Power Department 555 West Fifth Street 4305 Santa Fe Avenue GT 22A1 Vernon CA 90058 Los Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: Paul D Borkovich Title: Director of Light & Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full Form 6597-1 Revised 6/2003 3 MSC # 220772 ContracY# 246675 D. Miscellaneous Legal Provisions: This Agreement incorporates by reference all terms and conditions of the MSC. E. ~ecial Conditions: The following special conditions of service are applicable hereto: N/A IN WITNESS WHEREOF, the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility City Of Verhon Southern California Gas Company Signature: Signature: Name: Mr. Donal O'Callaghan Name: Mr. Richard M Morrow Title: Director of Light 8 Power Title: VP -Customer Services . Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675 MASTER SERVICES CONTRACT SCHEDULE A INTRASTATE TRANSMISSION SERVICE This Agreement is entered into by and between Southern California Gas Company ("Utility") and City Of Vernon ("Customer") as of the 12th day of March. 2009. This Agreement shall be deemed attached to and incorporated as a Schedule in the Master Services Contract ("MSC") executed by the Parties. NOW THEREFORE, in consideration of the promises and mutual undertakings set forth herein, the parties agree as follows: Section 1 -Scope. A. Intent This Agreement sets forth the general terms and conditions under which Utility will transport gas, or transport and procure gas, for Customer in California pursuant to Utility's applicable Tariff Rate Schedules and. Tariff Rules ("Tariffs") on file-with the Public Utilities Commission of the State of California ("CPUC"), as are in effect from time to time. To the extent not inconsistent herewith, the provisions of the MSC are incorporated by reference in this Agreement. All transmission services by Utility. shall be paid for by Customer at the rates specified in the applicable Tariffs, except as otherwise specified herein. Nothing in this Agreement shall be construed as preventing Utility and Customer from mutually agreeing to conditions which are more stringent-than set forth, in the Tariffs. B. Effective Date/Term (1) The Effective Date of this Agreement shall be as of 12:00 AM on April 1st. 2009. (2) The initiatterm of this Agreement shall. end on April 1st. 2011. (3) Billing Schedule Sequences for terms less than the initial term of this Agreement may be amended or renewed upon expiration as permitted or required in the applicable Tariffs on file with the CPUC. In the event any such Billing Schedule Sequences are not amended or renewed by' the Customer, an available Tariff Service that allows a month term may be provided. At the end of the initial term, this Agreement shall continue thereafter on a month to month basis unless terminated by written notice from one party to the other given not less than twenty (20) days prior to the last day of the initial term or any month thereafter. Section 2 -Services Provided and Redelivery Locations Customer has requested and agreed to pay for; and Utility has determined that Customer is qualified for transmission services to the following locations (the data provided will be utilized by Utility in determinations regarding curtailment): Form 6597-1 Revised 6/2003 1 MSC # 220772 Contract # 246675 Facility A Facility Name: City Of Vernon Account Number:. 095-680-6306 Address:- 5101 S Downey Rd Los Angeles, CA 90058 - 3747 Mail copy of Bill to this Facility: NO Facility Mailing Address: Supplemental Facility Account Number(s): GNN GNN Service Address 1250363700 3664 Bandini Blvd, Los Angeles, CA 90058 956806300 5101 S Downey Rd, Los Angeles, CA 90058 Full Requirements: YES (Noncore only) Facility Customer Contacts Operations Emergency Name: Mr. Dan Christensen Name: Operator on Duty Title: Plant Manager Title: Shift Operator Address: 4305 Santa Fe Ave. Address: Vernon, CA 90058 Vernon CA 90058 Tel. Na (323) 583-8811 813 Tel. No: (323) 826-1461 Fax No: (323) -826-1425 Fax No: (323) 585-3119 Customer shall notify Utility in the event of any change in the gas requirements or notification designations for this facility. BILLING SCHEDULE SEQUENCE01 Otherwise Net Transmission Rates Applicable Rate Schedule Priority Billed Tariff/Negotiated Rate GT-F10 FIRM N/A -TARIFF- - The term of this sequence is for: 2 Year s . MONTHLY SCHEDULED QUANTITY (THERMSi January 9,798,697 July 8,921,831 February 8,666,392 August 8,880,012 March 9,460,208 September 8,611,380 April 9,260,010 October 6,664,969 May 8,901,247 November 6,508,140 June 8,623,710 ~ December 8,042,640 Annual Quantity 102.339.236 Use or Pay Aggregator (Yes/No) NO Customer's regular days for operations under this sequence are: M x T x W x Th x F x .Sat x Sun x Form 6597-1 Revised 6/2003 2 MSC # 220772 Contract # 246675, Section 3 -Other Existing Transportation/Exchange Arrangements (1) Customer has existing intrastate transportation/exchange arrangements with- Utility: No (2) Date of Arrangement: (3) Term of Arrangement: (4) This Agreement shall have no impact on such existing arrangement except: Section 4 - Trans,..portation Services Customers "Order Control Code" (OCC) for gas transportation by Utility is: V08 In the event Customer has elected Transportation Services herein, a Transportation Services Addendum must be completed to indicate the specific account to which any applicable imbalance charges pursuant to imbalance service provided under Tariff Schedule G-IMB shall be applied. Additional elections may be made by the customer, including but not limited to the use of Agent or Contracted Marketer services. Any elections, or changes thereto, made on the Transportation Services Addendum shall be applicable to all Customer Agreements and facilities utilizing the same Order Control Code: Section 5 -Billing and Payment Billing and Payment for services hereunder shall be as provided in Utility's Tariff Rule No. 9. Any special billing instructions should be noted in Section 7(E). Section 6 -Transfer of Rights Subject to Section 7(A), this Agreement and the rights and obligations hereunder shall only be transferred or assigned with the prior written consent of Utility which shall not be withheld unreasonably,. provided that any successor first establishes its "creditworthiness" and assumes such contractual rights and obligations in writing. Section 7 -Miscellaneous. A. Use or Pay Aggregator: N/A Use or Pay Aggregators will automatically tie authorized to access Customer's meter usage. To the extent applicable, appropriate authorization by Customer (including the terms and conditions thereof) has been executed and incorporated by reference (as supplemented from time to time) in this Agreement. B. Contacts/Notices: Any written notices from one party to the other affecting this Agreement shall be sent to the following locations (unless changed by seven days prior written notice): Customer Utility. City Of Vernon Southern California Gas Company - Light & Power Department 555 West Fifth Street 4305 Santa Fe Avenue GT 22A1 Vernon CA 90058 tos Angeles CA 90013 Attn: Mr. Donal O'Callaghan Attn: Paul D Borkovich Title: Director of Light & Power Title: Market Segment Manager C. Definitions: All definitions set forth in the Tariffs, including without limitation Utility Rule No. 1, are incorporated herein by reference as if set forth in full Form 6597-1 Revised 6/2003 3 MSC # 220772 Contract # 246675 D. Miscellaneous Legal Provisions: ;This Agreement incorporates by reference all terms. and conditions of the MSC. E. Special Conditions: The following special conditions of service are applicable hereto: N/A IN WITNESS WHEREOF,. the authorized representatives of the parties have executed two duplicate original copies hereof. Customer Utility City Of Vernon Southern California Gas Company Signature: Signature: Name: Mr. Donal O'Callaghan Name: Mr. Richard M Morrow Title: Director of Light & Power Title: VP -Customer Services Form 6597-1 Revised 6/2003 4 MSC # 220772 Contract # 246675