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NATURAL GAS AGREEMENTS (038) I SERVICE AGREEMENT I FOR INTERRUPTIBLE GAS SERVICE THIS AGREEMENT, entered into this Jt day of ~dr-~~ ,1913 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpo 'on, hereinafter called the "Seller" and Clearwater Linen & Uniform SUQply. Inc.. hereinafter called the "Buyer", WITNESSETH: WHEREAS, The Buyer wishes to obtain the special gas rate provided herein for interruptible gas service, and the Seller is willing to sell and deliver natural gas, when available, to the Buyer: NOW, THEREFORE, Seller and Buyer agree as follows: 1. The Buyer hereby agrees to accept gas service under the Interruptible service rate as set forth in the Ordinances of the City of Clearwater, Florida and to install and maintain an alternate fuel-supply system, in good working order, for all equipment and appliances to be served with interruptible natural gas under this Agreement, during the life of this Agreement, at Buyer's site located at 1724 Drew Street. Clearwater. Florida Equipment without such standby apparatus shall not be serviced with gas under this Agreement. 2, The Seller agrees to furnish an adequate supply of natural gas to aforesaid equipment and appliances except when necessary to interrupt said supply as provided herein. 3. Whenever a curtailment of gas delivered hereunder is required, the Seller shall issue a curtailment order to the Buyer and the time at which such curtailment shall take effect. When restoration of service is permissible, Seller shall similarly issue a restoration order. A curtailment order may be issued by verbal or written notice at least two hours in advance of its effective time, except that if curtailment or interruption is occasioned by an event of "force majeure" affecting the Seller's System, Seller shall be obligated to give only such notice as is practical under the circumstances. 4. Gas taken by the Buyer under this Agreement by reason of Buyer's failure to comply with a curtailment order shall be considered as over-run gas, and Buyer shall pay for such over-run gas at the rate of $2.00 per therm, The Seller shall have a meter reading taken at the effective time of a curtailment order, and any gas recorded on the meter after said time and before restoration of service shall be considered as over-run gas. 5, All gas furnished by the Seller under the terms of this Agreement shall be separately metered by metering equipment furnished by the Seller. ce/~ ~ 1 ., ., {.i>,.. (<(, 6, The Buyer agrees L pay Seller for a minimum of 751 therms per calendar day regardless of actual consumption, except that there shall be no minimum consumption charge during the periods of curtailment, or when the, Buyer's gas requirement falls below the minimum rate due to plant closings, strikes, or electrical curtailment to Buyer from Buyer's electrical supplier. Billing will be on a monthly basis, The current unit price per thenn, excluding franchise fees and taxes, is $0,56 ,This unit price may be adjusted up or down to reflect changes in the base rate for purchased gas furnished to Seller by its suppliers. The unit price charged to the Buyer may also be changed by the Clearwater City Commission, but only as approved for all interruptible gas customers of the System, 7, Buyer shall pay all fees collected for the State and the City of Clearwater , which currently are 10 % City Utilities tax, NA % franchise fee, 1 % State Gross receipts tax adjustment, 6 % State sales tax and -L-% County Sales Tax applicable to the first $5.000 in sales, 8. Gas service under this rate schedule shall be provided during an initial term of five (5) years from the effective date of this Agreement. After the initial term, the Agreement shall continue on a year-to-year basis, unless either party shall, at least ninety (90) days prior to the end of any such yearly period, give the other party notice of its intention to terminate the Service Agreement. 9, In consideration of the service and rate structure defined herein, Buyer agrees to relinquish any claim Buyer might have for damage to any product, process or machinery as a result of gas service interruption or curtailment pursuant to this Agreement. 10, It is the responsibility of the Buyer to notify the Clearwater Gas System immediately if a gas main, gas service, or gas fitting is damaged, or suspected of being damaged, All calls shall be directed to the Gas System's emeIgency number, which is 462-6633, day or night, weekday or weekend, The Buyer shall not attempt to correct the problem, (a) If the problem is a gas odor, the Buyer shall at once clear the room, building or area of all occupants. Every practical means to eliminate any source of ignition shall be used by the Buyer. This shall be accomplished by preventing smoking, striking matches, the operating of electrical switches, motors or other equipment (including telephones), or opening furnace doors, etc, , which can cause a spark. If possible, the Buyer shall cut off all electrical circuits at a remote source to eliminate operation of automatic switches in the dangerous area, Safety flashlights designed for use in hazardous atmospheres should be the only light used in such emergencies, (b) The Buyer shall immediately notify the emergency dispatcher for the Gas System (telephone 462-6633) from a telephone remote from the area of the leak The Buyer shall not attempt to correct the problem, (c) The Buyer agrees to ensure that all employees are made aware of the procedures required to be followed as stated above. Important telephone 2 numLrs are reprinted below for the convenilnce of the Buyer, GAS SYSTEM EMERGENCY GAS SYSTEM ADMINISTRATIVE OFFICE SALES/CUSTOMER BIlLING OFFICE 462-6633 462-6630 462-6600 (d) The telephone numbers set forth herein are subject to change without notice, 1 L Special provisions to this Agreement, if any, are listed below: None 12, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, 13, This Agreement shall become effective for all services used on or after the 1st day of November , 19 92 , IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly- authorized officials on the date set forth above, Recommended by the Clearwater Gas System: CITY OF CLEARWATER, FLORIDA correctness: ~~~p! ~ Managing Directal & Executive Officer Attest:.. <' c_ ~~;UIfL,~ ~City cJir< (I-Cd ...~ \.c Witness as to Buyer: Print Name: Print Name: L Title: '\.L. \ ") \ Attest: 3 '. ." I BECEIVED FEB 1 7 1993 C'TY CLERK DEPT. I CITY OF CLEARWATER Interoffice Correspondence Sheet TO: Cyndie Goudeau, City Clerk FROM: Chuck Warrington, Gas System Managing Director ~ COPIES: Betty Deptula, Ass!. City Manager; J, Terry Neenan, Gas Superintendent; Sandy Barley, Gas Sales Manager; Al Galbraith, City Attorney; Tom Madley, Accountant II SUBJECT: INTERRUPTIBLE GAS SERVICE AGREEMENT - CLEARWATER LINEN & UNIFORM SUPPLY, INC., 1724 DREW ST., CLEARWATER DATE: February 12, 1993 Attached herewith is an executed original of the subject agreement for filing. By copy to Tom Madley, I would request that he initiate a billing adjustment to remove the minimum billing charges for the November billing. A copy of my memo of December 24th is attached which documents the rationale for this removal and is now backed up by a signed Service Agreement effective with the November cycle, Please send me documentation of the amount of the credit so that I may pass it along to our customer. Please also change the name on this account to "Clearwater Linen & Uniform Supply, Inc, , dba Sanitary Cleaners & Laundry" , If you have additional questions on this, please call me. CSW/sh Attachment ..,. .._.,' _"..u_..._. ..,.,_._.,,~...._... I I CGS CITY OF CLEARWATER Interoffice Correspondence Sheet FROM: Carole Greiner, Utility Customer Support Manager . Chuck Warrington, Gas System Managing Director MJ TO: COPIES: Terry Neenan, Gas Superintendent; Jim Lewin, Asst. Gas Superintendent; Sandy Barley, Gas Sales Manager; Greg Smith, Gas Distribution Pipefitter; Tom Madley, UtiL Cust. Support Accountant II SUBJECT: CLEARWATER LAUNDRY AND DRY CLEANERS - 1724 DREW STREET AlC #4120333001 DATE: December 24, 1992 As we discussed on Friday, December 18th, Clearwater Linen experienced a fire which shut down this facility on October 22nd, Their Vice-President, William Taylor, informs me that they are projecting to re-open the facility in mid January. Therefore, they are expecting an approximate 3 month interruption of service. In order to accommodate this they have increased the shifts and moved all of their cleaning workload to their facility at 601 Grand Central. As you know we serve both of these facilities on our Interruptible rate, Mr. Taylor called on December 17th to request a review of the Drew Street account and the fact that we were imposing the 75 therm per day minimum. billing during this outage, Upon investigation we found that this had in fact been done and conclude that it is improper since the full load from the subject facility has been shifted to the Grand Central location. You will note that the billing at the Grand Central facility increased 6,420 therms (from 16,460 therms last year in December to 22,880 therms this year), Last year the Drew Street facility used 6,360 therms, :Ji We would appreciate your help in rebilling the subject account for only the 40 therms which were recorded on the meter for the December billing. Please send me the revised bill for transmittal to the customer. By copy of this memo to Greg Smith, I am asking that he waive the minimum billing for this account through the February billing and instead only ensure that the minimum bill that the Grand Centra1location is at least the sum of the two (2) individual account minimums or 325 therms per day. This will keep us whole while still providing reasonable relief to this customer who experienced a truly abnormal business interruption as a result of the fire, Thank you in advance for your cooperation in this matter. If you have any further questions on this, please call me, CSW/sh