NATURAL GAS AGREEMENTS (030)
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SERVICE lIGREEJ'IENr
FOR
lllTERRUPl'IHLE GAS SERVICE
. //'1"- day of
TIUS AGREEMENT, entered into thls .'
~ I '1 2' '1 by and between the CITY OF CLEARWATER, FIDRIDA, a
rmmicipa.q cOrp:JratioTI, hereinafter called the II Seller" and
HEATH AND COMPANY, 211 State Road 584, East, Oldsmar, Florida
, hereinafter called the "Buyer II ,
I'IITNESSEI'H :
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 install and maintain an alternate
fuel-supply system, in good working order, for all equipnent and
appliances to be served with interruptible natural gas under this
Agreement, during the life of this Agreement, at Buyer's site located at
211 State Rd. 584, E., Oldsmar, Florida, Equipnent WithOLlt 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 equipnent and appliances except when necessary to interrupt
said supply as provided herein,
3, Whenever a curtailment of gas delivered herew1der 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 majeurell
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 thermo 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 tenus of this
Agreement shall be separately metered by metering equipnent furnished by
the Seller.
6. The Buyer agrees to pay Seller for a minimum of 250 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.
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Billing will be on a monthly basis. The current unit price per
them, excluding franchise fees and taxes, is 44.4036 This unit
price may be adjusted up or down to reflect changes in the base rate for
interruptible gas fumished to Seller by its supplier, Florida Gas
Transmission Company. 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 a $0.03500 per therm City of Clearwater bond
surcharge, and all fees collected for the Municipality of Oldsmar,
Florida, which currently are 9% City utilities tax and 4% franchise
tax.
8, Gas service under this rate schedule shall be provided during
an initial term of five (5) years from date of Agreement. After the
initial tem, 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 City of
Clearwater Gas Division irmnediately if a gas main, gas service, or gas
fitting is damaged, or suspected of being damaged. All calls shall be
directed to the Gas Division's emergency number, which is 462-6633, day
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or night, weekday or weekend. The Buyer shall not try 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 equipnent (including
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telephones), or opening fumace 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 irmnediately notify the emergency dispatcher
for the Gas Division (telephone 462-6633) from a telephone remote from
the area of the leak. The Buyer shall not try 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 aoove. Important
telephone numbers are reprinted below for the convenience of the Buyer.
Gas Emergency 462-6633
Gas Division Office 462-6630
Utilities Customer Representative 462-6600
(d) The telephone numbers set forth herein are subject to change
without notice.
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11. Special provisions to this Agreement, if any, are as listed
below:
None
12, This Agreement shall be binding up::m and inure to the benefit
of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF,
by their duly-authorized
the parties hereto have executed this Agreement
officials on the date set forth above.
Mayor-Co~ssioner
CITY~WA~~
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City Att
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Witnesses as to Buyer:
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eSl ent
Attest:
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Secretary
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