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NATURAL GAS SALES AND AGGREGATION AGREEMENT <br /> <br /> This Natural Gas Sales and Aggregation Agreement, hereinafter 'Agreement", is made and <br />entered into as of this day of 199 , by and between the Association of <br />Bay Area Governments, a California joint powers agency, hereinafter 'ABAG', and City of <br />Pleasanton, a California General Law City, hereinafter 'Public Agency'. <br /> <br /> The parties hereby agree as follows: <br /> <br />1. Eligibility: Public Agency is a member or cooperating member of ABAG. ABAG shall <br />provide directly, or at its option, shall contract to provide coordination services for the purchase and <br />management of a natural gas program for members and cooperating members of ABAG participating <br />in said program [Participant(s)]. <br /> <br />2. Authorities: <br /> <br /> Public Agency is a customer of an entity providing natural gas services, hereinafter "Utility", <br />under the jurisdiction of the California Public Utilities Commission, hereinafter "CPUC." Public <br />Agency appoints ABAG as its exclusive agent to coordinate its participation in the Utility' s Natural <br />Gas Aggregation Program for core transport customers, hereinafter "Program', on behalf of Public <br />Agency for the facilities listed in Exhibit A, which is attached hereto and incorporated herein. All <br />parties understand and agree that the authority for the Program is granted by and subject to the <br />CPUC, as initially authorized by CPUC Decision No. 91-02-040 and modified through CPUC <br />Decision No. 94-04-027 and Decision No. 95-07-048. This agreement is pursuant to the Utility <br />Aggregation Tariff Rate Schedule(s), Tariff Rules and terms and conditions set forth in such <br />agreement. Public Agency represents and warrants that any prior aggregator authorizations which <br />Public Agency may have executed will be terminated effective no later than the date of this <br />authorization. <br /> <br />3. Services: ABAG shall deliver, or cause to delivered, the following services to Public Agency: <br /> <br /> 3.1 Analyze and evaluate natural gas supply and tran, q~ortation strategies; <br /> <br /> 3.2 Negotiate and implement natural gas purchase, transportation and other similar gas <br /> services for Participants; <br /> <br /> 3.3 Forecast estimated monthly gas requirements of Public Agency; <br /> <br /> 3.4 Negotiate prices and quantities for natural gas purchases by Public Agency which may <br /> include a bid or request for proposal process; <br /> <br /> 3.5 Perform nominations of gas purchased and transportation services for Public Agency; <br /> <br /> -1- <br /> <br /> <br />