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Agenda Packet - December 19, 2005 -UB
AGENDA SPECIAL MEETING OF AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL AZUSAAUDITORIUM MONDAY, DECEMBER 19, 2005 213 E. FOOTHILL BOULEVARD IMMEDIATELY FOLLOWING CITY AZUSA, CA 91702' FYd! 1.7a11111 Y 17 ��IS1� E DIANE CHAGNON CHAIRPERSON DAVE HARDISON VICE CHAIRPERSON KEITH HANKS BOARD MEMBER COUNCIL MEETING Convene to Special Meeting of the Azusa Utility Board and Azusa City Council • Call to Order • Pledge to the Flag • Roll Call A. PUBLIC PARTICIPATION IOSEPH R. ROCHA BOARD MEMBER ANGEL A. CARRILLO BOARD MEMBER (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum. time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation wdl be limited to sixty (60) minutes time.) The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or Councilmembers wish to address any item on the Consent Calendar individually, it wN be considered under SPECIAL CALL ITEMS. 001 if B. CONSENT CALENDAR 1. Minutes. Recommendation: Approve minutes of regular meeting of November 28, 2005 as written. Lai B-1. Nov 28 UB Minutes.doc 2. Additional Compensation to Wren & Associates. Recommendation: Approve additional payment of $10,670 to Wren & Associates for extra time spent on their contract to inspect Project W-196, Water Main Replacement Project. WA -11 I B-2. $10670 extra to Wren 121905.doc 3. Professional Services Contract with Wren &Associates. Recommendation: Approve Professional Services contract with Wren & Associates in estimated amount of $30,000 for inspection services on Rosedale Subdivision Project Waterline and Facility Installations. B-3. AIC Approval of Inspection Contract v - - - - - - 4. Notice of Completion- Prosect W-196, Water Main Replacement. Recommendation: Accept Project W-196, Water Main Replacement on Fifth Street, Azusa Avenue, and Cerritos Avenue, and direct City Clerk's Office to execute Notice of Completion for J.A. Salazar Construction & Supply Corporation and have same recorded at Office of Los Angeles County Recorder. &4. Agenda Item Notice of Conpletion 5. Customer Owned Solar or Wind Distributed Generation and Net Metering Program. Recommendation: Approve customer owned solar or wind distributed generation and net metering program, authorize staff to implement the program in a timely manner, and authorize Director of Utilities or his designee to execute Net Metering Agreement. B-5. Net Metering.doc 6. Request for Proposals for Selection of Financial Advisor. Recommendation: Authorize a Request for Proposals (RFP) to retain a qualified financial advisor to guide the City through the process of obtaining outside funding for new Water Treatment Plant. B-6. Financial Advisor-]H.doc 2 002 Subscription with eSiglal for Energy Market Information Service Recommendation: Authorize Mayor to execute an electronic data service subscription agreement with eSignal for one year starting April 1, 2006 for $873 per month and authorize staff to terminate services with Moneyline Telerate upon expiration of contract on March 31, 2006. . E B-7. eSgnakrevl.doc C. STAFF REPORTSICOMMUNICATIONS Presentation of Environmental Stewardship Certificate from PPM Energy (Verbal Only) 2. Monthly Power Resources Update Lai C-1. Azusa Utility Board Meeting Dec20 3. San Juan Fuel Cost Adjustment (FCA) for I " Quarter 2006 C-2. San Juan FCA.doc 4. Work Plan Update for FY 2005-2006 2"a Quarter C-3. World'IanUpdateQ2.c D. DIRECTOR'S COMMENTS E. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(b)(3)(C) Claim by PG&E, Southern California Edison, San Diego Gas & Electric, California Electricity Oversight Board F. I. Adjournment. "7n compliance with the Americans with Disabilities Act, if you need special assistance to participate In a city meeting, please contact the City Clerk at 616-812-5129. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. " \IBM CITY OF AZUSA MINUTES OF THE SPECIAVREGULAR MEETING OF THE AZUSA UTILITY BOARD/CITY COUNCIL MONDAY, NOVEMBER 28, 2005 - 6:00 P.M. The Utility Board Members of the City of Azusa met in regular session, at the above date and time in the Azusa Light and Water Department Conference Room, located at 729 N. Azusa Avenue, Azusa, California. Chairperson Chagnon called themeetingto order. Call to Order ROLL CALL PRESENT: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ALSO PRESENT: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NONE City Attorney Ferre, Director of Utilities Hsu, Assistant to the Utilities Director Kalscheuer, Assistant Director of Electric Operations Ramirez, City Manager. Delach, Assistant City Manager Person, Economic Development Director Coleman, Interim Chief of Police Garcia, Senior Electric Engineer Langit, Administrative Technician Cawte, Economic Development Specialist Ruiz, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. Public Participation None. Roll Call Also Present-- - - Pub Part None The CONSENT CALENDAR consisting of items B -I through B-7, was approved by motion of Consent Cal. Chairperson Chagnon, seconded by Board Member Rocha and unanimously carried, with the Approved exception of B-7, which was considered under the Special Call portion of the Agenda. The Minutes of the regular meeting of October 24, 2005, were approved as written. Min appvd 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT PUBLIC Res. 05-C107 INTEREST AND NECESSITY REQUIRE THE SALE OF SURPLUS PROPERTY, DECLARING ITS Sale Surplus INTENT TO SELL RESIDENTIAL PROPERTY LOCATED AT 16108 EAST SAN BERNARDINO 16108 E. San ROAD (ASSESSOR PARCEL NO. 8435-027-270) AND SETTING A HEARING DATE FOR Bernardino Rd CONSIDERATION OF PROTESTS. 0@4 Approval was given to terminate Reclamation Contract No. 7-07-30-P1022 for the Terminate upgrading of Hoover Power Plant as all the terms, conditions, and upgrade work have been Contract completed. The Mayor was authorized to execute the agreement. Hoover Pwr 4. The Pro -forma Wholesale Power Resource Agreement Netting Agreement between PacifiCorp PacifiCorp Power Marketing and Azusa, was approved and the Mayor was authorized to Netting Agmt execute the agreement upon the preparation of execution documents. 5. AB 939 Compliance/Waste Diversion Shortfall for 2004, staff was authorized to solicit AB939 Dvsn proposalsfrom qualified consultants to review reasonableness of rates to be submitted by Shortfall Athens Services for new recycling programs. Solicit cnslt 6. Authorization was given to staff to issue a Request for Proposals (RFP) for a cost of service RFP Cost of study for electric services. Svs elec sys SPECIAL CALL ITEM. Spec Call Special Call Items Spec Call Chairperson Chagnon requested a staff report explaining change order for Pacific Technical Change order Resources with regard to the Kirkwall Substation. She asked to explain the following: Did staff Pacific Tech foresee the items which are now being asked to be paid? Was the City deficient on how the Resources specs were written? Was there new information that staff never thought about? She stated that Kirkwall Sta. it's unusual that a change order is greater than the original contract. She also asked with regard to original specs, if the City paid for something and did not get what it anticipated or got what was paid for but not what should -have been received or did it not work? Moved by Chairperson Chagnon, seconded by Board Member Hanks and unanimously carried to Change Order approve a change order with Pacific Technical Resources in an amount not -to -exceed $17,656 for Approved additional work regarding relay settings at the Kirkwall Substation. Pacific Tech Staff Reports/Communications Monthly Power Resources Update was presented and no discussion was held. Staff Rpts Pwr Res _ _... Upcoming Utility Events/Conferences were presented; Board Members were asked to advise Upcoming Director or Utilities if they wish to attend. Board Member Hanks encouraged staff to send Events someone to the Municipal Forum sponsored by the Technology Center. CMUA's 2005 Legislative Report was presented and no discussion was held. CMUA Updt Director's Comments Dir Com Board Member Chagnon presented options for the next Utility Board Meeting and it was Chagnon consensus of the Board Members to call for a Special Meeting on December 19, 2005, Comments immediately following the Regular Meeting of the City Council. Next mtg Moved by Board Member Hardison, seconded by Board Member Hanks to adjourn. Adjourn TIME OF ADJOURNMENT: 6:10 P.M. SECRETARY 11/28/05 PAGE TWO 0015 A020h w CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 SUBJECT: ADDITIONAL COMPENSATION TO WREN & ASSOCIATES FOR EXTRA COST RELATED TO ADDITIONAL INSPECTION ON W-196 RECOMMENDATION It is recommended that the Utility Board/City Council approve the additional payment of $10,670 to Wren & Associates for extra time spent on their contract to inspect project W-196. BACKGROUND Project W-196, Fifth Street Water Main Replacement Project, has been under construction since the contract was awarded at the April 25, 2005, Utility Board meeting. At the same meeting, a contract in the amount of $34,000 was awarded to Wren and Associates to provide inspection services on the Fifth Street Water Main Replacement Project. Due to excusable delays in the completion of the construction contract, specifically additional time required to complete additional work required by site conditions and additional time required to place an added main in Azusa Avenue, it has been necessary for Wren and Associates to spend more time on the project than was originally contemplated. FISCAL IMPACT The fiscal impact of this addition to the Wren contract is $10,670 to be funded from approved Budget Account No. 32-80-000-721-6625/72104D-6625. Prepared by: Chet Anderson, Assistant Director - Water Operations go, 113, CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH WREN --&... ' ASSOCIATES TO PERFORM INSPECTION SERVICES ON WATERLINE -AND -FACILITY INSTALLATION BY AZUSA LAND PARTNERS , FOR :THE ROSEDALE SUBDIVISION PROJECT RECOMMENDATION It is recommended that the Utility Board/City Council approve a Professional Services Contract in the estimated amount of $30,000 to Wren 8.._Associates to provide inspection services on the Rosedale Subdivision Project Waterline and Facility. - installations. BACKGROUND Construction on the Water Infrastructure for the Rosedale has been bid by Azusa Land Partners and will require inspection by a Water Division contract inspector. Wren & Associate has done past projects for the Water Division, and at $62 per hour is more cost effective than other consultants that the Water Division has asked for prices. For comparison: Civiltec, $70/hour; Kennedy Jenks Consultants, $92/hour; and Black & Veatch, $100/hour. FISCAL IMPACT The fiscal impact of this inspection services contract is nominally $30,000 to be funded from the Capital Improvement Budget Account 32-80-000-721-6625/72104D- 6625 2-80-000-721-6625/72104D- 6625 approved by the Utility Board for Fiscal Year 2004-2005. However, actual fiscal impact will be minimal due to reimbursement of inspection costs by Azusa Land Partners. Prepared by: Chet F. Anderson, Assistant Director - Water Operations 0.07 AZUSA CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 �3 SUBJECT: NOTICE OF COMPLETION - PROJECT W-196, WATER MAIN REPLACEMENT, FIFTH STREET, AZUSA AVENUE, AND CERRITOS AVENUE. RECOMMENDATION It is recommended -that the Utility Board/City Council accept Project W-196, and direct the City Clerk's Office to execute the- Notice of Completion for J.A. Salazar Construction & Supply Corp. and have the same recorded at the Office of the Los Angeles County Recorder. BACKGROUND The Water Division designed these water main replacements, 5100 Linear Feet of 8 -inch to 12 -inch Distribution Main, to replace water mains that were experiencing problems with leaks -. and that were, for various reasons, experiencing flow and pressure problems. The mains replaced in this project had both leak problems requiring constant repair and delivered less flow than is optimal for current residential area standards. Also, the mains replaced are in streets designated by Public Works as streets to be resurfaced this year. The contract for this project was awarded by Board action to J.A.Salazar Construction on April 25, 2005. FISCAL IMPACT The fiscal impact of approving Notice of Completion involves the Final Payment to J.A. Salazar Construction and Supply Corp. of $58,438.54, and, following the statutory 35 day waiting period, payment to the contractor of $78,953.14 currently held by the City as retainage on this project. Sufficient fund is available under 32-80-000-721-6625/72104D- 6625. 2-80-000-721-6625/72104D- 6625. Prepared by: Chet F. Anderson, P.E., Assistant Director - Water Operations Attachment: N0C-Project W 196. p df RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: NME Azusa City Clerk STREET 213 E. Foothill Boulevard ADDRESS CITY. STATE s Azusa, . CA 91702 `IP CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1 . The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Azusa 3. The full address of the owner is 729 N Azusa Avenue Azusa CA 91702-9500 4. The nature of the interest or estate of the owner is: In fee. IIF OTHER THAN FEE, ETNKE 'IN FEE' AHD INSERT, FOO EXAMPLE, 'PURCHASE UNDER CONTRACT OF PURCHASE,' OR ',LESSEE") - 5, The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES 'ADDRESSES' 6. The full. names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on Deremher ]9, 2000, The work done was: Project W-196 Fifth Street Azusa Avenue and Cerritos Ave Water Main Replacement Projert S. The name of the contractor, if any, for such work of improvement was J.A. Salazar Construction & Supply Corp. May 23, 2005 (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT 'NONE-) ( ATE OF COMRAR) 9. The property on which said work of improvement was completed is in the City of Azusa Countyof Los Angeles ,Stateof CA ,and isdescribed asfollows: VlAt-pr M i RE,pIAr,EMS,nt n Fish St F Azusa Avenue, and Cerritos Avenue 10. The street address of said property is None IIF NO STREET ADDRESS HAS BEEN OFFICIALLY A59GNE0, INSERT 'NONE'.) Dated: December 19, 2005 (SIGNATURE OF OWNER OR CORWRATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT) VERIFICATION I, the undersigned, say: I am the the declarant of the foregoing notice of completion; ('PRESIDENT OF', -MANAGER OF', 'PARTNER OF, 'OWNER OF% ETC.) I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and,correct. Executed on at ISTATEI (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.) WOLCOTTS FORM 1114 . Ray. a-94 (Price lass GAl NOTICE OF COMPLETION 01994 WOLCOTTS FORMS. INC. (See reverse side for additional Information) 7 67775 39114 s a 0 5 0 AZUSA CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 SUBJECT: APROVAL OF CUSTOMER OWNED SOLAR OR WIND DISTRIBUTED GENERATION AND NET METERING PROGRAM RECOMMENDATION It is recommended that the Utility Board/City Council approve the customer owned solar or wind distributed generation and net metering program as fully described below, and authorize . . the staff take all necessary actions to implement the program in a timely manner. It is further recommended that the Utility Board/City Council authorize the Director of Utilities or his designee to execute the Net Metering Agreement. BACKGROUND In 2002, the California legislature enacted Assembly Bill 58 (AB 58) to incentivize customer installation of solar or wind distributed generation. The main features of the AB 58 are as follow: • It requires all California electric utilities, including municipal utilities to accept customer solar or wind generation interconnections up to 0.5% of utility's annual peak demand • It requires the electric utilities to provide net metering services to such customer installations. Net metering is meant to credit customer for distributed generation from solar or wind power at utility's retail rate • It does not require the host utility to purchase the excess power generated from the customer solar or wind generation as computed over a rolling 12 -month period Many utilities throughout the state have already implemented the program to implement the provisions of AB 58 due to customer demand for the program. Recently, a City residential customer submitted a plan check to the City for the installation of a solar panel, and thus triggering the need for the City to establish a program to implement AB 58. Staff has studied the issues related to the implementation of AB 58, and recommends the program be structured with the following elements: 010 • To establish a requirement that the customer to sign an interconnection agreement (the "Net Metering Agreement") which specifies the terms and conditions, including safe operation of the interconnected facilities with utility facilities for such installation. This requirement is prevalent in the industry and is found in all the utilities staff surveyed that have such a program. A substantially final draft of the Net Metering Agreement is attached in Attachment A • To require a special two-way meter be installed for such customer installation. The special meter will measure the net consumption and the net generation separately, and thus it will facilitate the net billing for such electric services. The cost of the special meter will be paid initially by the City at a cost of $150 per meter. The City reserves the right to require the customer to pay for the meter if demand for such installation increases substantially and the cost of the meter becomes significant • To establish manual billing processes to implement the net billing and the crediting provisions of the AB 58. Until such time the customer demand reaches a critical mass for such customer installations, it does not appear wise to spend resources to automate the rather complex billing process for net billing Staff believes the above elements are reasonable for accommodating the first installation that . strikesa balance betweeri ease of administration and compliance with the law. The program will be reevaluated from time to time as the demand for such installation increases. FISCAL IMPACT For FY05-06, the fiscal impact to the electric utility is estimated to be up to $150 in reduced retail sales; $150 for special meter cost. The fiscal impact to the City is estimated to be about $22 in reduced general fund contribution and utility user's tax. Prepared by: Hien Vuong, Electric Engineering Associate Ed Beterbide, Electrical Test Technician Clark Getty, Sr. Electrical Test Technician Paul Reid, Public Benefit Coordinator Richard Torres, Power Resource Coordinator Bob Tang, Assistant Director of Resource Management Attachment: E Azusa Net Metering Agreement.doc r:'lv HI City of Azusa Light & Water Department Interconnection and Net Metering Agreement This Interconnection and Metering Agreement for Solar or Wind Turbine Electric Facilities ("Agreement") is made and entered into by and between ("Customer"), whose mailing address is and the City of Azusa, a municipal corporation acting by and through its Azusa Light and Water Department ("Azusa"), sometimes also referred to herein jointly as "Parties" or individually as "Party." r. APPLICABILITY This Agreement is applicable only to customers who satisfy all requirements of the definition of an Eligible Customer -Generator as set forth in Section 2827(b)(2) of the California Public Utilities Code on the effective date of this Agreement. Customer represents that customer is an Eligible Customer - Generator. F. `DESCRIPTION OF CUSTOMER'S SOLAR OR WIND ELECTRIC GENERATING FACILITY 2.1 Customer elects to interconnect and operate a generating facility capable of generating electricity from solar or wind turbine electric generating facility, or hybrid system of both, located on Customer's owned, leased or rented premises within Azusa's service area ("Generating Facility") in parallel with Azusa's electric grid. Customer represents that the Generating Facility is intended primarily to offset part or all of the Customer's own electrical requirements. 2.2 Generating Facility. Identification Number: 2.3 Customer Meter Number: 2.4 Customer Service Account Number: 2.5 Applicable Rate Schedule: 2.6 Generating Facility Location: 2.7 Generating Facility Technology (Solar or Wind): 2.8 Generating Facility Nameplate Rating (kW): 2.9 Estimated monthly energy production of Generating Facility (kWh): 2.10 Estimated date when Generating Facility will be ready to commence parallel operation with 012 Azusa's electric system: INTERCONNECTION DESIGN AND CUSTOMER REQUIREMENTS 3.1 Customer shall deliver the available energy to Azusa at the Required Meter (as defined in Subsection 4.1 below) located on the Customer's premises. 3.2 Customer shall be responsible for the design, installation, operation, and maintenance of the Generating Facility and shall obtain and maintain any required governmental authorizations and permits. 3.3 Customer shall conform to all applicable solar or wind electrical generating system safety and performance standards established by the National Electrical Code ("NEC"), the Institute of Electrical and Electronics Engineers ("IEEE"), and accredited, nationally recognized testing laboratories such as Underwriters Laboratories, applicable building codes, and to all applicable Azusa's Electric Service Requirements (Regulation 21), as may be amended from time to time. 3.4 Customer shall not commence parallel operation of the Generating Facility until Customer receives written approval from Azusa's Authorized Representative. Azusa's Authorized Representative shall provide such written approval within ten (ro) working days from Azusa's receipt of a copy of the final inspection or approval of the Generating Facility that has:.been •issued by the governmental authority having jurisdiction to inspect and approve the installation. Such approval shall not be unreasonably withheld. 3.5 Azusa shall have the right to have its representatives present at the final inspection made by the governmental authority having jurisdiction to inspect and approve the installation of the Generating Facility. Customer shall notify Azusa in accordance with the terms of Section 12, herein, at least five days prior to such inspection. 3.6 Customer shall not add generation capacity in excess of the Nameplate Rating set forth in Section 2.8 of this Agreement, or otherwise modify the Generating Facility without the prior written permission of Azusa. 3.7 Customer shall install a visible disconnect switch for the Generating Facility. The disconnect switch shall be lockable in the open position and directly accessible to Azusa employees at all times. Disconnect shall be installed in close proximity to, or no more than eight (8') feet from the utility's electric meter. 4. METER REQUIREMENTS 4.1 In accordance with Azusa's published Electrical Rules and Rates, Azusa on for all. rate. 4.2 If the existing electrical meter of Customer is not capable of measuring the flow of electricity in two directions or supplying time -of -use information, Customer shall 013 be responsible for all expenses involved in Azusa's purchase and installation of a Required Meter, except for Customers in the Residential Rate. These Residential Rate customers are not required to install time -of -use meters. 4.3 An additional meter or meters to monitor the flow of electricity in each direction maybe installed with the consent of Customer, at the expense of Azusa, and the additional metering shall be used only to provide the information necessary to accurately bill or credit Customer pursuant to Section 9 below, or to collect generating system performance information for research purposes. 4.4 If an additional meter or meters are installed, the Net Energy Metering (as defined in Subsection 9.1 below) calculation shall yield a result identical to that of a single meter. 5. DISCONNECTION. INTERRUPTION OR REDUCTION OF DELIVERIES 5.1 Azusa shall not be obligated to accept or pay for, and may require Customer to curtail, interrupt or reduce, deliveries of available energy from its Generating Facility: (a) Whenever Azusa deems it necessary in its sole judgment, to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or anypart of its electric system; or (b) Whenever Azusa determines in its sole judgment, that curtailment, interruption, or reduction of Customer's electrical generation is otherwise necessary due to emergencies, forced outages, force majeure, or compliance with prudent electrical practices. 5.2 Whenever reasonably possible, Azusa shall give Customer reasonable notice of the possibility that curtailment, interruption or reduction of such deliveries may be required. 5.3 Notwithstanding any other provision of this Agreement, if at any time Azusa determines that either (a) the Generating Facility or its operation may endanger the health, safety or welfare of Azusa personnel, any person or the public, or (b) the continued operation of the Generating Facility may endanger the integrity of Azusa's electric system, any property or the environment, Azusa shall have the right to enter onto Customer's premises and disconnect Customer's Generating Facility from Azusa's system. Customer's Generating Facility shall remain disconnected until such time as Azusa is satisfied that the condition(s) referenced in (a) and (b) of this Subsection 5.3 have been corrected. 6. ACCESS TO PREMISES Azusa may enter Customer's premises at all reasonable hours without notice to Customer for the following purposes: (a) To inspect Customer's protective devices and read or test meter(s); and f (b) To disconnect the Generating Facility and/or service to Customer, whenever in Azusa's sole opinion, a hazardous condition exists and such immediate action is necessary to protect persons, Azusa's facilities, or property of others from damage or interference caused by the Generating Facility, or the absence or failure of properly operating protective devices. 7. PERMITS AND MAINTENANCE Customer shall (a) maintain the Generating Facility and interconnection facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to Section 3, and (b) obtain any governmental authorizations and permits required for the construction and operation of the Generating Facility and interconnection facilities. Customer shall reimburse Azusa for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Customer's Generating Facility. 8. INDEMINTY AND LIABILITY 8.1 Each Parry as indemnitor shall defend, hold harmless, and indemnify the other Parry and the directors;..officers, employees, and agents of the other Party against, and from any and all loss, liability, damage, claim, cost, charge, demand, or expense (including any direct, indirect or consequential loss, liability, damage, claim, cost, charge, demand, or expense, including attorneys' fees) for injury or death to persons, including employees of either Party, and damage to property, including property of either Party, arising out of or in connection with (a) the engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of the indemnitor's facilities, or (b) the making of replacements, additions, betterments to, or reconstruction of the indemnitor's facilities. This indemnity shall apply notwithstanding the active or passive negligence of the indemnitee. However, neither Party shall be indemnified hereunder for its loss, liability, damage, claim, cost, charge, demand, or expense resulting from its sole negligence or willful misconduct. j 8.2 The indemnitor shall, on the other Party's request, defend any suit asserting a claim covered by this indemnity and shall pay for all costs, including reasonable attorney fees that may be incurred by the other Party in enforcing this indemnity. 8.3 The provisions of this Section shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions' of any valid insurance policy. 8.4 Except as otherwise provided in Section 8.1, neither Party shall be liable to the other Party for consequential damages incurred by that Party. 8.5 Nothing in this Agreement shall create any duty to, any standard of care with reference to, or any liability to any person who is nota Party to it. 8.6 Notwithstanding the provisions of Section 8.1, Customer shall be responsible for protecting its Generating Facility from damage by reason of the electrical 015 disturbances or faults caused by the operation, faulty operation, or non -operation of Azusa's facilities and Azusa shall not be liable for any such damage so caused. 9. RATES AND BILLING 9.1 All rates charged will be in accordance with Customer's otherwise applicable tariff (Rate Schedule), as in effect from time to time, on a Net Energy Metering basis. "Net Energy Metering" means measuring the difference between the . electricity supplied through the electric grid to the Customer and the electricity generated by Customer's Generating Facility and fed back to the electric grid over the one-month billing period as described in Subsection 9.4 below. 9.2 Customer's otherwise applicable tariff (Rate Schedule) or "Rate Schedule" means the Rate Schedule in Azusa's published Electric Rate Schedules that would otherwise apply to Customer from time to time in the absence of this Agreement. 9.3 Customer is responsible for paying all charges in its Rate Schedule including the minimum charge (such as Distribution and Customer Charge) and demand charge, when applicable, regardless of Customer's monthly or annual net generation. 9.4 The customer will be billed on a monthly basis, regardless of the customers previous billing cycle. The monthly Net Energy Metering calculation shall be made by measuring the difference between the electricity supplied to the Customer and the electricity generated by the Customer and fed back to the grid over a normal one-month billing period. At the end of each one-month billing period following the date of first interconnection, Azusa Light and Water shall determine if Customer was a net consumer or a net producer of electricity during the one-month time period. In the event the electricity supplied by Azusa during the one-month period exceeds the electricity generated by Customer during the same period, Customer is a net energy consumer. 9.5 If Customer is a net energy consumer, Azusa Light & Water shall bill Customer for the net energy consumption during such billing period based on the Customer's Rate Schedule and Customer shall pay for such net energy consumption monthly in accordance with Customer's monthly billing statement. Any excess kilowatt-hours generated during the billing cycle shall be carried over to the following billing period (up to a maximum of twelve consecutive months upon the anniversary of the interconnection). The State code does not provide for surplus energy credits to be carried forward past the 12 -month netting period and surplus energy is not purchased by Azusa. 9.6 Intentionally left blank (TOU Customers) 9.7 Intentionally left blank (Gi/G2 Baseline Over Baseline Customers) 9.8 Azusa shall provide Customer with Net Energy Metering consumption information on a monthly basis. 9.9 If Customer terminates service under this Agreement prior to the end of any twelve month period, Azusa shall reconcile Customer's consumption and 016 production of electricity and bill Customer for Net Energy Metering charges, if any, and adjust the excess energy to zero, if any. 9.io If Customer isa net ener consumer during the applicable billing period, the that is applicable to Customer under Customer's Rate Schedule shall be calculated based upon the Customer's Gross Energy Consumption. and monthly demand, if applicable, for such billing period.. 6f..o's 10. GOVERNING LAW, VENUE This Agreement shall be interpreted under, governed by, and construed in accordance with the laws of the State of California as if executed and to be performed wholly within the State of California, without regard to conflicts of law rules thereof. Any action at law or equity brought by either Party for the purpose of enforcing a right or rights provided in this Agreement shall be brought only in a court of proper jurisdiction in the County of Los Angeles, State of California, and the Parties hereby waive all other provisions of law providing for a change of venue in such proceedings to any other county. In event of a conflict between this contract and applicable provisions of state law, the later shall apply. MODIFICATIONS WAIVER. INTERPRETATION 11.1 No amendment or modification to this Agreement shall be effective unless in a - -- writing duly executed by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant unless such waiver is in writing. 11.2 This Agreement shall supersede any existing agreement with Azusa under which Customer is currently operating the Generating Facility identified in Section 2, herein, and any such agreement shall be deemed terminated as of the effective date of this Agreement. 11.3 This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the Parties. Neither Party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. 11.4 Except as expressly modified herein, Azusa's published Rates and Rules as adopted from time to time by Azusa shall continue to be applicable to Azusa's provision of electrical.service to Customer. 12. NOTICES 017 12.1 Any notice required under this Agreement shall be in writing and mailed at any United States Post Office with postage prepaid and addressed to the Party, or personally delivered to the Party, at the address below. Changes in such designation may be made by notice similarly given. All written notices shall be directed as follows: Azusa: Azusa Light & Water Dept. Attn: Public Benefit Coordinator 729 N. Azusa Ave. Azusa, CA 91702 Customer: To the mailing address listed on page t of this Agreement. 12.2 Customer's notices to Azusa pursuant to this Section shall refer to the Generating Facility Identification Number that is set forth in Section 2.2. 12.3 In the event of an emergency, Customer shall immediatelZ notify Azusa Light and Water at its 24-hour emergencies number, 626-812 , of any emergency situation related to the Generating Facility. 13. TERM AND TERMINATION OF AGREEMENT 13.1 This Agreement shall become effective on the date this Agreement is duly executed by both Parties as set forth in Section 16 below, and shall continue in full force and effect until terminated as provided herein. 13.2 This Agreement shall terminate on the earliest to occur of: 13.2.1 The thirtieth day after Customer gives Azusa prior written notice of termination with or without cause in accordance with Section 12; 13.2.2 The date both Parties agree in writing to terminate this Agreement; 13.2.3 The first day after Azusa gives Customer written notice of termination for cause, provided that Azusa shall first have given Customer written notice of Customer's breach of this Agreement and within thirty days of Azusa's sending notice of such breach, Customer fails to cure such breach or, if such breach requires more than thirty days to cure, Customer fails to promptly commence cure of such breach and diligently prosecute such cure to completion; 13.2.4 The date Azusa is no longer the electric supplier to Customer's premises; or 13.2.5 The date changes to Customer's electric load, or other circumstances, cause Customer to no longer satisfy all requirements of the definition of an Eligible Customer -Generator, as set forth in Section 2827(b)(2) of the California Public Utilities Code on the effective date of this Agreement. 13.3 After termination of this Agreement, any electric service provided by Azusa to Customer shall be pursuant to and in accordance with Customer's Rate Schedule. , 14. AUTHORIZED REPRESENTATIVE Azusa's Authorized Representative is the Director of the Light and Water Department, or his designee. Azusa may change its Authorized Representative by giving Customer notice pursuant to Section 12. 15. ASSIGNMENT PROHIBITED Customer understands and agrees that this Agreement is personal to Customer and that Customer shall not assign or transfer in any way all or any portion of this Agreement to any other person or entity of any kind. Any attempt by Customer to assign or transfer in any way all or any portion of this Agreement shall be void ab initio. 16. SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives on the dates set forth below. This Agreement is effective as of the latter of the two dates set forth below. Customer Azusa Light & Water By: By: Name: Name: ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney SUBMITTALS REQUIRED: 1. Building Permit 2. Electric Single Line Diagram 3. Electric Load Schedule 4. Site Plan 5. Solar or Wind Generating System Electric Specifications 6. Solar or wind electrical generating System Certification 019 CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 SUBJECT: REQUEST FOR PROPOSALS FOR SELECTION OF FINANCIAL ADVISOR RECOMMENDATION It is recommended that the Utility Board/City Council authorize staff to release a Request for Proposals to retain a qualified financial advisor to guide the City through the process of obtaining outside funding for new Water Treatment Plant. BACKGROUND The Utility Board previously approved contracts for the design of a water treatment plant to increase Azusa Light & Water's capacity to recover and treat surface water from the San Gabriel River, as well as having the ability to treat water from the State Water Project; and Black & Veatch has provided an engineering estimated cost for the facility in the amount of $32 million which include $4.8 million for a reservoir that was contemplated to go into Pioneer Park, and another $4.2 million as contingency at this point. In order to begin the process of financing the cost of this facility, it is recommended that a financial advisor be retained to facilitate the City in the following areas: (1) represent City on proposed financing, work with City staff and City Treasurer in independently assessing financing options and impacts, financing structure, bond rating and insurance requirements and costs; (2) assess and develop a bond marketing and underwriting plan, determine the reasonableness of the proposed bond pricing and underwriting fees, and work with other parties selected by the City to carry out underwriting and bond marketing; and (3) to overall represent and advise the City in efficiently completing the financing. City staff, including the Finance Director, will work with the Utility Board to determine the amount to be financed out of reserves and the amount that should be financed from outside sources. FISCAL IMPACT Cost of financial advisor will depend on responses to RFP, but is generally expected to be about $30,000 to $40,000. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities Ozo 4" AG LI SA I *.r s xare. CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 V �+ SUBJECT: SUBSCRIPTION WITH ESIGNAL FOR ENERGY MARKET INFORMATION SERVICE AND TERMINATE SERVICE WITH MONELYLINE TELERATE RECOMMENDATION It is recommended that the Utility Board/City Council approve the followings: 1. Authorize Mayor to execute an electronic data service subscription agreement with eSignal for an initial term of one year starting April 1, 2006 for $873 per month. 2. Authorize staff to terminate services with Monelyline Telerate upon expiration of contract on March 31, 2006. BACKGROUND The Power Resources group currently tracks energy industry news as well as spot and futures natural gas and electricity prices on a constant basis. Azusa's current provider, Moneyline Telerate, has recently been purchased by Reuters Inc. In the midst of this transition, the group was also approached by eSignal, a competing energy news provider and has demonstrated an improved and modernized platform in comparison to the group's current system. The group finds a benefit with eSignal in that it will be subscribed for the first year and will have the option to subscribe on a month-to-month basis thereafter unlike the current provider renews for an entire annual term. The current arrangement would terminate March 31, 2006 thus the new service would begin April 1, 2006. We are seeking Utility Board's approval at this point in time to provide ample notice of termination to our current service provider. FISCAL IMPACT The total fiscal impact for initial year service subscription is $10,476 where $2,619 will be paid in FY 2005-06 and $7,857 will be paid in FY 2006-07. Sufficient funds are available in account 33-40-785-560-6493 for FY 2005-06. After the initial year, the optional month-to- month subscription service will be $873 per month but it may subject to change. Prepared by: Richard Torres, Power Resources Coordinator Attachments: Signal Terns and City of 4 Conditions Azusa_Pmng_11080 021 ESIGNAL TERMS AND CONDITIONS OF SERVICE Electronic Services Agreement IMPORTANT: PLEASE READ THIS ELECTRONIC SERVICES AGREEMENT BEFORE USING ANY ESIGNAL SERVICES. INITIATION OF SERVICE INDICATES YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Definitions. The following terms, as used in this Agreement, shall have the meanings set forth below a. Account Information - Subscriber's access numbers, account numbers, passwords, customer numbers and other information necessary for Subscriber's access to and use of the Services. b. Agreement - This Electronic Services Agreement. c. Annual Prepay Subscription shall have the meaning ascribed.to it in Section 3(b) of this Agreement. d. Annual Subscription shall have the meaning ascribed to it in Section 3(a) of this Agreement. e. Customer Account -subscriber's account with eSignal, including the particular Services to which Subscriber has subscribed. f. Data Provider Fees - Fees charged by the Data Providers for their content. g. Data Providers - Third parties providing data to eSignal for distribution to Subscribers, including, but not limited to, stock exchanges. h. Default - The occurrence of any of the following events: (i) Subscriber fails to pay any amount when due; (ii) any Data Provider revokes Subscriber's right to receive the applicable Services or directs eSignal to discontinue Services to Subscriber; or (iii) Subscriber fails to comply with any of the terms and conditions of this Agreement. i. Direct Access Broker shall have the meaning ascribed to it in Section 9(f) of this Agreement. eSignal - eSignal, a division of Interactive Data Corporation. k. esignal Software - eSignal program designed to be used by a Subscriber on Subscriber -owned hardware in conjunction with a personal computer, cellular telephone or personal digital assistant (PDA) to receive Services. 1. Fees - All Service Fees, Premium Service Fees, Data Provider Fees and Taxes. in. Monthly Subscription shall have the meaning ascribed to it in Section 3(c) of this Agreement. n. Premium Services -Services offered by eSignal and/or third parties (e.g., an enhanced Service or a third -party add-on study) which include enhanced information and operate in conjunction with the Services. 022 o. Premium Service Fees - Fees applicable to Premium Services, which are in addition to the base Service Fees. p. Real -Time Information -The processing and transmission of data and information that is initiated by eSignal upon receipt in "real time" (as defined by the Data Providers), subject to processing requirements, transmission methods, facilities, and Subscriber equipment. q. Request - Those orders that Subscriber may make electronically regarding modifications to Subscriber's Customer Account, including, but not limited to, requests for additional Services, Service cancellation and Customer Account cancellation. r. Service Facilitators - Any (i) third party software provider that makes its technology available to eSignal to facilitate linkage between the Services and any direct access brokers, futures commission merchants or any other entity providing online order execution services, or (ii) person or entity providing products or services that may be offered by eSignal in conjunction with the Services. s. Service Fees - Any fees charged by eSignal related to the Services, exclusive of Premium Service Fees. t. Service Subscription Agreement -The electronic agreement generated by eSignal at the conclusion of the registration process, containing Subscriber's relevant Account Information, Service selection and Fees. u. Services - Any and all financial, commentary, and news related data and other services offered by eSignal, together with any software, technical assistance, support services, training, manuals, documentation or related materials, and communication, transmission or delivery services. v. Subscriber - The individual or entity "clicking through" and thereby agreeing to be bound by this Agreement. - w. Subscriber's Credit Card shall have the meaning ascribed to it in Section 2(a) of this Agreement x. Taxes - All applicable taxes, including, but not limited to, sales, use and VAT taxes. 2. License; Payment. Subject to these Terms and Conditions of Service, eSignal hereby grants Subscriber a non-exclusive, non -transferable, limited license to use the Services for its own internal use and not for further dissemination or redistribution. In consideration of the Services, Subscriber shall pay the Fees to eSignal. All Fees are due in advance. Service Fees (and Premium Service Fees applicable to eSignal Services) for any partial month shall be prorated on a thirty (30) day per month basis. All Data Provider Fees payable to eSignal in connection with new subscriptions shall be due and payable in advance for the full calendar month, regardless of when the Services begin during such month. Data Provider Fees applicable to new content added by existing Subscribers shall be payable in advance, pro -rated on a thirty (30) day per month basis from the date such content is added; thereafter, such Data Provider Fees shall be due and payable in advance commencing with the Subscriber's next billing cycle. a. Payment by Credit Card**: Subscriber hereby authorizes eSignal to use the credit card information furnished by Subscriber to eSignal hereunder for purposes of fulfilling Subscriber's payment obligations under this Agreement. Subscriber further represents and warrants that (i) the credit card information provided to eSignal (including, but not limited to, card number, expiration 023 date and card holder's name) is valid in all respects and lawfully authorized for use, and (ii) that such credit card belongs to Subscriber or has been authorized for use by Subscriber by the valid cardholder ("Subscriber's Credit Card'). Upon expiration of the Subscriber's Credit Card, Subscriber shall notify eSignal of the new credit card expiration date and all other relevant information pertaining to the new credit card. b. Late Fees and Returned Check Charges: Payments not received by the due date designated on each monthly invoice may be assessed a late fee for each Service in an amount equal to eSignal's then -current late fee rate, but not less than $10.00. In addition, returned checks may be subject to a $10.00 returned check charge. c. Fee Changes: All Service Fees (and Premium Service Fees applicable to eSignal Services) are subject to change at any time upon thirty (30) days prior notice. In addition, all Data Provider Fees are subject to change in accordance with the policies of each Data Provider, and may occur on less than thirty (30) days prior notice. Subscriber agrees to pay any increases in applicable Service Fees, Premium Service Fees and Data Provider Fees, plus applicable Taxes. For Monthly Subscriptions, Fee changes will take effect at the beginning of Subscriber's next billing cycle; such changes shall not apply to Annual Subscriptions or Annual Prepay Subscriptions until their respective contract roll dates. d. Disputes: All invoices/statements will be deemed correct and final unless disputed in writing within sixty (60) days after invoice/statement date. All correspondence regarding disputed invoices/statements must include Subscriber's name_, address, telephone number and customer number. e. Specials; Bundled Service Discounts: Any pricing discounts that may be offered for "bundled Services" (i.e., subscriptions to multiple specified Services) may be extinguished in the event Subscriber cancels a Service included in the bundled offer. In such event, pricing will automatically revert to eSignal's and/or the relevant Data Providers' then current pricing structure. **Inapplicable to multi-user corporate accounts ifsubject to documented alternate payment arrangements. 3. Subscription Options. Subscribers may structure the billing of their Customer Accounts as either annual subscriptions (two types) or monthly subscriptions. Regardless of the subscription option chosen, Premium Service Fees, Data Provider Fees (except as set forth in 3(b) below) and Taxes are always billed And payable monthly in advance. a. Annual Subscription: In an "Annual Subscription, " Subscribers sign up for one (1) or more years of Services, which are billed monthly in advance in equal installments. All Annual Subscriptions shall automatically renew for subsequent terms equal to the initial subscription term. b. Annual Prepay Subscription: "Annual Prepay Subscriptions" are available only for the eSignal and FutureSource Workstation Services. In an Annual Prepay Subscription, Subscribers sign up for one (1) or more years of Services, and all Service Fees are paid in full in advance and applied by eSignal on a monthly basis. In addition, Non -Professional Subscribers are required to prepay twelve (12) months of the Data Provider Fees applicable to NYSE, AMEX, Nasdaq and OPRA (as applicable). Premium Services are not eligible for Annual Prepay Subscriptions. All Annual Prepay Subscriptions shall automatically renew for subsequent terms equal to the initial subscription term. 024 c. Monthly Subscription: In a "Monthly Subscription, " Subscribers sign up for Services on a month-to-month basis, and all Fees are due monthly in advance. Monthly Non -Professional Subscribers are required to pay by credit card. d. All Sales Final: Except to the limited extent set forth in this Agreement regarding Service Fees, all Fees are non-refundable. All Fees are non -transferable. e. Contingencies: Subscriber acknowledges and agrees that notwithstanding any other provision of this Agreement: (i) eSignal's ability to grant Subscribers rights relating to the Services is contingent upon all rights, titles, licenses, permissions and approvals obtained by eSignal pertaining thereto remaining in full force and effect during the term of this Agreement; (ii) in the event certain of eSignal's rights, titles, licenses, permissions or approvals pertaining to the Services are cancelled, terminated, rescinded or not renewed, Subscribers' rights to use the affected portions of the Services shall automatically terminate, which termination shall not constitute a breach by eSignal of any of its obligations hereunder; (iii) this Agreement is subject to any requirements of the Data Providers under eSignal's agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time; (iv) eSignal may be obligated to disclose the existence of this Agreement to certain Data Providers, which disclosure may result in, among other things, the imposition on Subscriber of financial and contractual obligations by such Data Providers; and (v) eSignal reserves the right to add or delete data from the Services, as it deems appropriate to service all of its Subscribers. 4. Free Trial Periods; Limited Money Back Guarantee. a. Free Trial Periods: eSignal may from time to time offer free trial periods of Services to eligible Subscribers. The terms of this Agreement shall apply during any free trial periods. b. Limited Money Back Guarantee: eSignal may from time to time offer a limited money back guarantee on certain specified products. In such event, Subscriber may cancel the applicable Service(s) prior to the end of the specified trial period and receive a refund of Service Fees and Premium Service Fees applicable to such Services. All other Fees are non-refundable. Subscriber is entitled to only one (1) money back guarantee per Service and only one (1) money back guarantee per household/address. In addition, a Service subject to a free trial period is not thereafter eligible for a money back guarantee. 5. Service Reactivation, Additional Services. a. Service Reactivation: Subscribers may reactivate previously cancelled Service (if then available) at any time, subject to payment in full of at least one (1) month of Fees and any past due balance remaining on the Customer Account. Reactivated Services are not eligible for any promotions that may otherwise apply to new subscribers to such Services. b. Additional Services: Subscriber may from time to time subscribe to additional Services, subject to confirmation and receipt of properly executed contracts (if applicable), and payment of all applicable Fees. 6. Professional/Non-Professional Status. a. Non -Professional Status: With respect to Services involving the receipt of financial market information, unless otherwise indicated by Subscriber during the registration process, Subscriber 025 represents and warrants that he/she meets and complies with all requirements for qualification as a "Non -Professional Subscriber" as currently in effect and which may be issued from time to time by NYSE, AMEX, NASDAQ and any other Data Providers that may issue Non -Professional Subscriber qualifications. Subscriber further represents and warrants that the following statements are true and shall continue to be true for as long as Subscriber receives Services hereunder: (i) Subscriber makes this Agreement in his/her own individual capacity and not on the behalf of any firm, corporation, partnership, trust, association or other entity. (ii) Subscriber shall use the Services solely in connection with his/her own individual personal investment activities and not in connection with any trade or business activities. (iii) Subscriber is not a securities broker-dealer, investment advisor, futures commission merchant, commodities introducing broker or commodity trading advisor, registered representative of any of the foregoing, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing. (iv) Subscriber is not employed by a bank or an insurance company or an affiliate of either, or any other organization that performs business functions related to securities or commodity futures investment or trading activity. b. Professional Status: Professional Subscribers represent that they have read, understood and agree to be bound -by the agreements found at the following site: https://secure. esignal. com/contracts.asp. Professional Subscribers may also be required to execute hard copy contracts with the Data Providers, as required by the Data Providers from time to time. c. Status Changes: If Subscriber's status with respect to any of the foregoing statements is affected or changed in any way, Subscriber shall immediately notify eSignal in writing of such change. In addition to any other remedies available to eSignal and the Data Providers, Subscriber shall be liable toeSignaland the Data Providers for the difference between any Fees paid by the Subscriber as a Non -Professional Subscriber and the Fees applicable to Professional Subscribers for the same type of Services. Further, Professional Subscribers who identify themselves as Non - Professional Subscribers will have their Customer Account cancelled by eSignal and risk professional exchange fee penalty billing. 7. Security. a. Subscriber accepts responsibility for the confidentiality and use of all Account Information, all time used and all Requests placed through or under Subscriber's Account Information. All Requests received by eSignal will be deemed to have been received from, and with the authorization of Subscriber. All Requests shall be deemed to be made at the time received by eSignal and in the form received. b. Subscriber shall notify eSignal immediately if Subscriber becomes aware of any: (i) loss, theft or unauthorized use of Subscriber's Account Information; (ii) failure by Subscriber to receive an electronic message that a Request initiated by Subscriber has been received and/or executed**; (iii) failure by Subscriber to receive accurate confirmation of a Request or its execution within five (5) business days after submitting the Request; or (iv) receipt of confirmation or electronic message of a Request that Subscriber did not place, or any similarly inaccurate or conflicting report or information. 026 "*Subscriber must provide eSignal with a current e-mail address. 8. Copyright Protection, Ownership of Services. a. All rights, title, and interest in the Services, in all documentation relating to the Services, in the eSignal Software and in all other software (and software documentation) provided to Subscriber in connection with the Services, in all languages, formats, and media throughout the world, including all copyrights, trademarks and service marks therein, are and shall continue to be the exclusive property of eSignal, its affiliates, the Data Providers and/or the Service Facilitators. SUBSCRIBER SHALL NOT REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, PUBLISH, BROADCAST, CIRCULATE, PROVIDE OR REDISTRIBUTE THE SERVICES OR INFORMATION IN ANY MANNER OR FOR ANY PURPOSES (PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF ESIGNAL AND THE RELEVANT DATA PROVIDERS. b. Subscriber shall not disassemble, decompile or reverse engineer the Services, or create any derivative works from the Services. c. Subscriber shall not use the Services for any unlawful purpose and shall comply with all reasonable requests by eSignal to protect the respective rights of eSignal and the Data Providers in the Services. d. Upon any termination of this Agreement, Subscriber shall promptly (i) returnto eSignal or destroy all hard -copy versions of software and documentation relating to the Services, and (ii) purge from its computer systems all electronic or "soft -copy" versions of software and documentation relating to the Services.. 9. Disclaimer of Warranties; Limitation of Liability. -- a. THE SERVICES ARE PROVIDED "AS IS." NEITHER ESIGNAL,THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING MAKE ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS). SUBSCRIBER RECOGNIZES THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE SUBSCRIBER RELIES ON IT. b. SUBSCRIBER AGREES THAT NEITHER ESIGNAL, THE DATA PROVIDERS, THE SERVICE FACILITATORS, NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE TRUTHFULNESS, ACCURACY OR TIMELINESS OF THE SERVICES OR THE TRUTHFULNESS, ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON THE INFORMATION OR THE SERVICES, OR FOR ANY INTERRUPTION OR DELAY OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE SERVICES. c. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SUBSCRIBER'S MAXIMUM RECOVERY FOR ANY DAMAGES ARISING OUT OF OR 02 RELATED TO THIS AGREEMENT, REGARDLESS OF FORM OF ACTION THAT IMPOSES LIABILITY, WHETHER IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT OR OTHERWISE, SHALL BE LIMITED TO AND NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION OF EVERY KIND AND NATURE, THE LESSER OF: (I) THE AMOUNT OF THE SERVICE FEES (INCLUDING PREMIUM SERVICE FEES APPLICABLE TO ESIGNAL PRODUCTS) PAID TO ESIGNAL UNDER THIS AGREEMENT FOR THE MOST RECENT SIX (6) MONTHS PRIOR TO THE TIME SUCH LIABILITY AROSE; OR (II) TWO THOUSAND DOLLARS ($2,000). d. IN NO EVENT WILL ESIGNAL, THE DATA PROVIDERS OR THE SERVICE FACILITATORS, OR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE OR AFFILIATE OF ANY OF THE FOREGOING BE LIABLE TO SUBSCRIBER, SUBSCRIBER'S CUSTOMERS OR ANY OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, ERROR OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF ESIGNAL, THE DATA PROVIDERS OR THE SERVICE FACILITATORS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. e. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT NEITHER THE SERVICES NOR ANY OF THE INFORMATION ARE INTENDED TO SUPPLY INVESTMENT, FINANCIAL, TAX OR LEGAL ADVICE. ESIGNAL OFFERS NO ADVICE REGARDING THE NATURE, POTENTIAL VALUE, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES AND INFORMATION, AND ANY DECISIONS MADE IN RELIANCE UPON THE SERVICES AND INFORMATION, ARE MADE AT SUBSCRIBER'S OWN RISK. f. ANY ONLINE ORDER EXECUTION SERVICES YOU MAY UTILIZE IN CONNECTION WITH THE SERVICES ARE PROVIDED BY INDEPENDENT BROKER-DEALERS, FUTURES COMMISSION MERCHANTS OR SIMILAR ENTITIES (COLLECTIVELY, "DIRECT ACCESS BROKERS") AND NOT BY ESIGNAL. IN ORDER TO UTILIZE SUCH SERVICES, SUBSCRIBER MUST HAVE AN EXISTING ACCOUNT WITH A DIRECT ACCESS BROKER OR SUBSEQUENTLY ESTABLISH AN ACCOUNT WITH A DIRECT ACCESS BROKER. ESIGNAL IS NOT A DIRECT ACCESS BROKER, IS NOT AFFILIATED WITH ANY DIRECT ACCESS BROKERS AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY DIRECT ACCESS BROKER. THE DIRECT ACCESS BROKER SUBSCRIBER SELECTS IS SOLELY RESPONSIBLE FOR ITS SERVICES TO SUBSCRIBER, AND SUBSCRIBER AGREES THAT NEITHER ESIGNAL, THE DATA PROVIDERS, THE SERVICE FACILITATORS NOR ANY OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE, OR AFFILIATE OF ANY OF THE FOREGOING SHALL BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUBSCRIBER'S USE OF SUCH SERVICES, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES. g. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. 10. Indemnification. Subscriber shall defend, indemnify and hold eSignal, its affiliates and the Data Providers, and their respective officers, directors, employees, agents and affiliates harmless from and against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees) arising from or relating to: (i) Subscriber's use of the Services; (ii) Subscriber's breach or violation of this Agreement; or (iii) Subscriber's infringement of any third -party's intellectual property rights, including, but not limited to, copyright, proprietary, and privacy rights. 11. Data Providers Enforcement Right. The Data Providers may enforce this Agreement against Subscriber by legal proceedings or other appropriate means. 12. Termination. a. By eSignal. (i) eSignal may terminate this Agreement (which includes all Services under the same Customer Account) immediately in the event of Subscriber's Default. (ii) eSignal reserves the right to terminate or cancel any Service, Customer Account, or this entire Agreement, in full or in part, at any time upon notice to Subscriber. (iii) If any of the Data Providers furnishing data or other information utilized in the Services discontinue transmission of such data or information or cease to furnish same in a manner that is compatible with eSignal's equipment, eSignal may terminate as much of this Agreement as is affected by the discontinued data or information, without advance notice and without incurring any liability to Subscriber. b. By Subscriber. Subscriber may request cancellation of a Service or Subscriber's Customer Account at any time upon written notice to eSignal, or by calling eSignal's customer service department at the number(s) posted on eSignal's website, www.esi¢nal.com. Certain Services may also be canceled by Subscriber electronically in the self -maintenance section of Subscriber's account. Cancellation shall take effect at the beginning of Subscriber's next billing cycle; any cancellation request received less than twenty-four (24) hours prior to the beginning of Subscriber's next billing cycle, shall not take effect until the following billing cycle. c. Effect of Termination. Upon termination of any Service all unpaid Fees applicable to such Service shall become immediately due and payable and Subscriber authorizes eSignal to apply any unpaid balance to any other active Customer Account held by Subscriber. d. Limited Refund of Applicable Fees. Except in an event of Default, upon termination of Subscriber's Customer Account or partial termination of this Agreement due to acts of Data Providers, eSignal shall refund to Subscriber any prepaid Service Fees (and Premium Service Fees applicable to eSignal Services) for which Subscriber has not received corresponding Services. The amount of such refund shall be pro -rated based on the number of days during which Subscriber has already received Services, based upon a thirty (30) day month. Other than the refund of prepaid fees for Services not received, in the event of termination by eSignal as herein provided, neither eSignal nor the Data Providers shall have any liability to Subscriber in connection with such termination. No Fees shall be refunded in the event of termination by eSignal due to Subscriber's Default. 13. Personal Information. Subscriber's personally identifiable information and other information regarding Subscriber's Customer Account are subject to the terms and conditions of, and will be treated in 029 accordance with, eSignal's Privacy Policy, located at hgp,HwNvw.esienal.com/disclaimer/default.asT)#t)rivacyvolicy, which is incorporated herein by this reference. 14. Miscellaneous. (a) Modifications to this Agreement. eSignal reserves the right to change or modify any and all of the terms of this Agreement at any time upon notice to Subscriber. Subscribers' use of the Services following any such change or modification constitutes Subscriber's express agreement to be bound by this Agreement as so changed or modified. (b) Waiver. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. (c) Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of New York without application of the principles of conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the Federal or state courts located in the State of New York and the parties hereby consent to the personal jurisdiction and venue therein. (d) Force Majeure. Neither eSignal nor the Data Providers shall be liable for any loss resulting from, and eSignal's and the Data Providers' performance under this Agreement shall be excused in the event of, any interruption and/or delay due to any cause over which such entities do not have direct control, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labor dispute, acts of Data Providers (solely as regards eSignal), acts of third -party information providers, third -party software, third -party hardware, or communication method interruption. (e) Entire Agreement. This Agreement (including all documents incorporated herein by reference) and the Service Subscription Agreement embody the entire understanding between the parties with regard to its subject matter and supersede any and all prior representations and agreements, oral or written. (f) Headings. The headings appearing herein are inserted only as a matter of convenience and as a reference, and in no way define, limit or describe the scope or intent of the applicable clause or this Agreement. (g) Severability. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law and the validity and enforceability of the other provisions shall not be affected thereby. (h) Assignment. This Agreement shall not be assignable by Subscriber, either in whole or in part. eSignal reserves the right to assign its rights and obligations under this Agreement. (i) Notices. Except as otherwise provided herein, all written notices pemnitted or required hereunder shall be sent to eSignal at the following office address: eSignal P.O. Box 5028, Hayward, California 94545-3720• Attention: Customer Service or, by e-mail, to the following e-mail address: customerservice(c)mail.esignal.com. All notices shall be deemed to have been given upon actual receipt by eSignal. 030 (j) Survival. Sections 1, 2, 6, 7, 8, 9, 10, 11, 13 and 14 of this Agreement shall survive the termination of this Agreement and shall apply indefinitely. .....I -. 03 IU] eSignal Corporate Service Subscription Agreement 3955 Point Eden Way Hayward, CA 94545 - Phone: 661-702-9642 • Fax: 661-702-9621 Date: 11/08/05 Customer Number: 911950 Initial Term: Monthly Annual X Prepay jo Monthly N Renewal Term: 30 Days Pro: X Non -Pro: ', Occupation: Broker / Dealer Sales Rep: Tim O'Callaghan Client Information: Products FutureSource Workstation Energy I . Add -On -Services DDE DDE Link to Excel Exchanges NYMX Monthly Total Billing Address SAME Quantity Price 3 $750.00 Quantity Price 3 $ 0.00 Quantity Price 3 $123.00 $873.00 The fees previously listed exclude sales tax. State and local tax will be added where appropriate. Exchange Fees / Data Provider Fees may be incurred for certain applications and will be charged to the Subscriber. Subscriber will be required to submit a Subscriber Agreement where applicable. eSignal retains ownership of all software. 632 Primary Address Company Name: City of Azusa Address: 729 N. Azusa Avenue Address: Azusa, CA 91702 Phone: 626-812-5211 Fax:-. . Contact Name: Richard Torres EMail: rtorres@ci:azusa.ca Products FutureSource Workstation Energy I . Add -On -Services DDE DDE Link to Excel Exchanges NYMX Monthly Total Billing Address SAME Quantity Price 3 $750.00 Quantity Price 3 $ 0.00 Quantity Price 3 $123.00 $873.00 The fees previously listed exclude sales tax. State and local tax will be added where appropriate. Exchange Fees / Data Provider Fees may be incurred for certain applications and will be charged to the Subscriber. Subscriber will be required to submit a Subscriber Agreement where applicable. eSignal retains ownership of all software. 632 Terms and Conditions: eSignal and Data Providers do not warrant or make any representations or claims concerning the validity, correctness, currentness or otherwise of the information provided herein, nor shall the Data Providers be liable or responsible for any claim or damage, direct or consequential, arising out of use, interpretation or other implementation of said information or Service. Nasdaq Consolidated Subscriber Agreement: I have read and understood the terms and conditions contained in the Service Subscription Terms and Conditions found at https:Hsecure.esignal.com/terms_conditions.html and agree to abide completely by the applicable subscriber contained there in. By executing this agreement, Subscriber agrees ( A ) that s/he has read, and agrees to be bound by, the NASDAQ agreements contained there in. By executing this agreement, Subscriber agrees ( A ) that s/he has read, and agrees to be bound by, the NASDAQ Consolidated Subscriber Agreement, a copy of which is found at https://secure.esignal.com/contracts/NASDAQtenns.pdf; (B) that Vendor is not an agent of Nasdaq and is not authorized to add to or delete from the NASDAQ Consolidated Subscriber Agreement and is not authorized to modify any provision of the Nasdaq Consolidated Subscriber Agreement; and ( C ) that no provision has been added to or deleted from the NASDAQ Consolidated Agreement and that no modifications have been made to it. Both Subscriber and the person executing on behalf of Subscriber warrant that Subscriber is legally able to undertake the obligations set forth in, and signatory is duly authorized to bind Subscriber, to, the Nasdaq Consolidated Subscriber Agreement. IN WITNESS of the parties' signatures below by their respective authorized representatives, this Schedule is incorporated into the eSignal Terms and Conditions Agreement as of the Effective Date: Subscriber: Organization: City of Azusa Name: Title: Signature: Date: Please print your Credit Card number here: Credit Card #: Exp. Date: Credit Card Type: VISA _ Mastercard American Express Provider (if applicable): Signature: Date: Name: Organization: i Additional Notes: This Agreement is a 12 -Month Agreement to begin 2/1/06. Upon expiration of this the 12 -Months, the Agreement will convert to a 30 day Agreement with 30 days notice for cancellation. City of Azusa - User Configuration User/Password Name / User Email Product Add On. Services Exchanges Monthly Total azusa0l / ws WorkStation $250 DDE $0 NYMX $43 $293 azusa02 / ws Workstation $250 DDE $0 NYMX $40 $290 azusa03 / ws Workstation $250 DDE $0 NYMX $40 $290 S£o 0 CD n CD 3 cr CDI co V N O O UI Power Resources Division Monthly Report ■ Power Resource Update ■ Power Consumption Comparison ■ Wholesale Market Trend ■ Power Resource Budget Update Power Resource Update ■ Reached resolution with the California Independent System Operator (CAISO) on several market redesign issues affecting Southern California municipal systems. Negotiations continue on several other outstanding market redesign elements ■ Made significant progress in the Duke Energy contract "unwinding" discussions. It is highly likely that Duke Energy will reassign the contracts to creditworthy counterparties under the same terms and conditions of the existing contracts ■ Made significant progress in the discussions with Southern California Edison Company regarding municipal departing load exit fee responsibilities. Final resolution of the issues are under way ■ Discussions continue with regard to renewable eneKID)P pprocurement through Southern California Public Power AuthorityCPA) and with San Gabriel Valley Municipal Water District (SGVM ■ Prepared and finalized several contractual, regulatory and financial filings: Annual Integrated Resource Plan filing with Western Area Power Administration (WAPA); annual financial disclosure filings for San Juan bond financing and Kirkwall bond financing; annual Transmission Revenue Requirement True -up filing with the Federal Regulatory Energy Commission ■ Completed power resource optimization for the first quarter of 2006 ■ Partially completed the resource procurement for San Juan spring 2006 scheduled maintenance outage ■ Continue to participate in the CAISO technical workshops and trainings regarding CAISO market redesign CITY OF AZUSA ENERGY CONSUMPTION COMPARISON ENERGY OONSUMP-nON IN MWH bb.4 of.ti .. PERCENT MONTH FY 0405 FY 05-06 CHANGE JUL 25,758 25,839 0.32% AUG 25,342 26,758 5.59% SEP 25,213 22,725 -9.87% OCT 21,561 21,746 0.860/6 NOV 19,813 _.. 19,942 ''' ' _ 0.65% DEC 2U38 --- _ JAN 20,127 FEB 17,998 MAR 19,762 APR 19,519 MAY 21,440 JUN 21,204 TOTAL 258,065 117,010 -0.49% CITY OF AZUSA PEAK DEMAND COMPARISON PERCENT JUL bb.4 of.ti .. - .. ...1 AUG 56.9 57.9 1.92%0 SEP 58.2 -- - — -5_65%.. ` .. --54.9. 45.0 48.0 6.49% .. _ NOV _ 36.6 41.1 12.32% DEC 35.7 JAN 35.6 FEB 33.5 --- ---- MAR 34.8 APR 38 .4 46.2 JUN 47.6 PEAK DEMAND IN MW NO, .. n. WHOLESALE ELECTRICITY SPOT MARKET PRICES IN CALIFORNIA ALL PRICES IN $/MWH C� W AVERAGEAVERAGE MONTH ON PEAK PRICE OFF PEAK PRICE OCT 04 $45.68 $31.14 NOV 04 $50.85 $41.10 DEC 04 $54.52 $44.16.. JAN 05 - $47.80 _ $36.95 FEB 05 $47.79. $37.87 MAR 05. $38.22 APR 05 $53.80 $40.23 MAY 05 $49.30 $31.17 JUN 05 $53.35 $30.81 JUL 05 $69.44 $43.14 AUG 05 $76.80 $54.14 SEP 05 $84.09 $64.96 OCT 05 $89.57 $71.27 ---NOV-05 $64.84 $55.39 ALL PRICES IN $/MWH C� W Power Resource Cost Accounting FY '04-05 --------------- LONGTERM ! OONTRACTS SHORT TERM TRANSMISSION ANCILLARY SCHEDULING PURCHASES COSTS I SERVICE COSTS DISPATCHING ) TOTAL WHOLESALE NET _ COSTS COSTS REVENUES COSTS - MONTH�� 1,03K,943 28 +_ F 2,837 92329 1 235,745.59 _ 34 839_20 _- _ 29,273 40 4,175 724 76 (2 392,374 88)+ 1 783 349 88 29 921 31 3 851,236.14 (2,271,959.64) , 1,579.276 50 1 JU1-05 I_, Aug OS 1,027,886.40. 2,532,419.09 I 237,906.68 L 23,102.66 _ - 490 486.60 I Sep -05 - 1 023 637 40 9920121 9 �22771106 _ 2,548,980.83 227,708.54 15,761.89_. I-218978.99000 00 1,180 969 32 201 T 1 _- --r- - 27 835 75 3 843,924.41 (2 353,437 81) 1 25 10529 2 437,065.79 ; (11185,493.50) 251 572 29_� — �- 492 76� Oct -05 I Now05 '-_-- "_ _ 1 009 753 30 ._.._ 1,073.695.32! 227 711 06 I 20,00-020-L. ___- 25 1.58 2, 39_6C�241.26f (1,067.748.50), _1,288 0.00 000 . _.� r Deo -05 - Jan -06 .._I - ----J - _ .—.-. 0.00 ._ ��. - --- ' — _ .,r �- 0 00 i Feb -06 _ .. __.-r. 00 - __ _- 1 -i f - j- t i-_- 0.00 O Q :-i Mar -06 - Mr -06 r -.__ -__- _ _ L �. --- _ _. ....00 _ 0.00 0 0 00 Ma)t26 ... _ .. J____....._.... - .._ i __ -___ ...�. _�. _.y.-r�.^.--.__._.._ - ___-p.._._... .-_0.00; $5,091,232.57 1 �- $1,148_050.86 1 $113,703.75. __- _--_ $137,217.33 ' _- $16.664,192.36 1 _ ($9,271.014.33) $7393,178.03 i 1 TOTAL -.$10,173,987.85 _--------_� _L. _—.__ INCLUDES SCPPA LONG TERM CONTRACTS- (1) �2) AL ' INCLUDES PLL SHORT TERM PURCHASES FOR HEDGING AND LOAD BANCING PURPOSES _--I ;INCLUDESALLSHORT TERM_ AND LONG TRANSMISSION CONTRACTCOSTS I (3) COSTSCHARGED BY_CALIFORNIAINDEPENDENT SYSTEM OPERATOR FOR SYSTEM RELIABILITY FUNCTIONS (4) -------'--L---L-_-1= - -- (INCLUDES COSTS FOR SCHEDULING AND DISPATCHING OF ELECTRICITY----.:-,- _-. (5) `_ (6) I SUM OF (1) THROUGH (5) (7) _ FROM _.. -- 1 WHOLESALE REVENUES DERIVED FROM SALES OF EXCESS POWER+pTO BENEFlTS IDIFFERENCEOF(6)ANDi7)_ AZUSA INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES��fj� DATE: DECEMBER 19, 2005 SUBJECT: QUARTERLY FUEL COST ADJUSTMENT FOR SAN JUAN RESOURCE On July 26, 2004, the Utility Board approved a fuel cost adjustment mechanism for San Juan power plant. This mechanism is intended to credit customers with cost savings that are realized when our power plant operates reliably and replacement power cost are avoided, and conversely, allow the Utility to increase revenues to recover a portion of our replacement power costs when the San Juan resource experiences outages. ,..,__ , .s - This report encompasses replacement power costs incurred for the San Juan resource during the period of September 16, 2005 through December 10, 2005. There will be a Fuel Cost Adjustment of 0.59 cents per kWh on customer electric billings for the billing period of January 1, 2006 through March 31, 2006. The San Juan unit #3 availability during the period of September 16 through December 31,_ 2006 was 87.7% slightly higher than the budgeted availability. However, the cost of replacement power was more than double the budgeted cost ($87.38/MWh actual vs $40/MWh budget) reflecting a much higher energy commodity price environment in general during this period. The total replacement power cost incurred above the budgeted amount for the period is $272,537 and the carryover Fuel Cost Adjustment amount from the last quarter was $65,395 resulting in $337,932 for quarterly fuel cost adjustment recovery. The Fuel Cost Adjustment rate will be 0.59 cents per kWh or about 5.5% of the retail rate. This rate will be applicable for retail sales commencing January I through March 31, 2006. Prepared by: Bob Tang, Assistant Director of Resource Management Attachment: o -!dr 57 FCA Q1_06.x1s 041 San Juan Fuel Cost Adjustment Calculation for Q1 2006 Cumulative Quarterly Difference (CQD) Q3 2005 Carry -Over If I(CQD)I<$100,000, then adjustment=0 If I(CQD)I>$750,000, then adjustment=+ -$750,000 or else adjustment = CQD January Forecast Retail Sales (MWh) 20,047 SJ FCA for Q1 2006 (cents/KWh) 0.59 (*) Through December 10th, 2006 �A tV February 17,940 $272,537 $65,395 $337,932 March 19,694 Sept16-October November December (*) Actual SJ Output 29,690 19,096 5,763 Actual SJ Replac Energy Cost $313,526 $173,477 $157,054 Maximum Output 33,120 21,600. 7,200 Unavailable SJ Output 3,430 2,504 1,437 % Outage Rate 10.36% 11.59% 19.96% Base SJ Output @ 85% 28,152 18,360 6,120 Unavailable SJ Output 4,968 3,240 1,080 % Outage Rate 15.00% 15.00% 15.00% Base SJ Replac Energy Cost @$40/MWh $198,720 $129,600 $43,200 Actual - Base SJ Replac Energy Cost $114,806 $43,877 $113,854 San Juan Insurance Premium Recovery $0 $0 $0 San Juan Insurance Payout $0 $0 $0 Cumulative Quarterly Difference (CQD) Q3 2005 Carry -Over If I(CQD)I<$100,000, then adjustment=0 If I(CQD)I>$750,000, then adjustment=+ -$750,000 or else adjustment = CQD January Forecast Retail Sales (MWh) 20,047 SJ FCA for Q1 2006 (cents/KWh) 0.59 (*) Through December 10th, 2006 �A tV February 17,940 $272,537 $65,395 $337,932 March 19,694 INFORMATIONAL ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: DECEMBER 19, 2005 SUBJECT: FY -2005-06 2nd QUARTER WORK PLAN UPDATE FOR UTILITIES DEPARTMENT. Attached includes Gantt charts of Utilities Department Projects for fiscal year 2005-2006 organized by division. Checkmarks placed in left column indicate that milestone or task has been completed; "% completed" column also shows progress/completion. Charts provide update on different tasks and milestones through second quarter of this fiscal year. Electronic version of attached may be enlarged for viewing purposes. Feel free to pose questions or comments about projects to individual managers. Prepared by: Liza Cawte, Administrative Technician Attachment: 0 WorkPlanFY2005-20 06Q2.pdf 043 glans cl r and amenity FY eun new pump Ea spec , p ng npalc UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 2nd QTR UPDATE Pm�atp nC1p000ME-11Mns�LLLGIS-11Twnp1U0 Agvda 1?1805 19 `' 4 4 UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 2nd QTR UPDATE .•a55 00 10 T. wme Slee Hard,r,p pyee Nov Dec Jen Fe r A My J:mI JN I Aua I SW I Otl I Nov IOec Jan I Feb IIN AM+ Jul I JU I Aud I Sa,n I 0.] I Nw I JJ A 6e .- a Jun J A Se Od MN 62 �% Pmnde Publk Nurse tad, ter Water fete Mon 829/0 Mm 829105 100% Bre ° .. .. ................. ....... ... 63 Obtaln CC Apgoval of RbadWons Adjusting Rates Tue 9/6N5 Mm 1X17MS 50%........ ,.. .. Wig pm ... ....... 64 Implemem Rate/blusMente lElectric-0nt. WaterNov-1) Mon1013'OS Tue 11/1M5 0% .. _.. _ tut ... .. .. --- .. a3 DewlW Ouanerly Financial Report Mon 9/19105 Th. 7420/06 0% 6e 0 Develop Format for RapM Mon 9119/05 Thu 929/05 OX .. ... ..... .. .._ _.♦Yte .. _ ante tato ..... .._ _ ... ... _... .. .... ..... _... or Clrwlate Dmft Report Format for Continuants Fri g00rC5 Mon 1X10/05 O% ... ._.... W1lt pati .. _ .. ... ........ ..... .. .. ... ... .... ........ ......... ..... ... ..... To, 10/11N5 Wed 10/12/05 IN ea Approval of New RePaM1 Format .. .... .... .... ... ...... _.. .....� torn tmu ..... M . Formulate Report 1st Querler Mm 1X1iN5 Thu 1020/05 OX _ ...... ..... ._.. .... __.... ........................................ .. .._. .. ...... ..._ ..... .. .. ... rite 1110 ..... _. ... ..... ..... ....... ... ..... .... ..... .._. ...... .._ ..... .... _ ......._ .... 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BFTe Writes CDD Report Well 11IN105 Thu 12/22/05 0% ... ...... ..... .. ... _.. ..... ....... .... f2I1R y�ky,rNyryIrr�Iir0rIykrrry�0y .... ...... ^ tL1. 12110 .. .. ... ...... ... ... ..... .... .. ... ..... _. .. -- -' n COO ReWrt Deployed Mon 12/06 Mon 12/06 0% ]8 COP Flnenc1al 015closure RBWna Thu 12/1N5 Mon t/]ON8 OX 79 Research DHFR and Write RePortfor Water Thu 12/1105 Mon 12/19/05 0% . , . , ...... v M 03 BobT WResearch CAFRand Write RepMWrElepbk Thu IV MIS Mon 1WI91M 0%IMt • .. ... 1L0 ._ ., . et . /Lefler Reports wee 1v14ros Thu lvtv9s i _..... r .. ...... 121ta 1]113 .... .... _. ._. ... .. 03 PreWm Leger and Mail ReWrts Pngog Mm 11/19J05 MM 12/19/05 0% _ .._... ....................................... .... ....�12Hn...... .. ....... .............. u Preperel5ubmft Amended RepM,gNeoessary Men 12/06 Man 1/30/06 0% ... .. .._._.. .. ._..... .__.. - .... ........ e4 Formulate Refuse Rab Adjustment Wed N19106 Tue 620/Ofi 0% ... ....... .... .. _. _, ..... ..... ....... ..,,, uta she ... ..�1 .. ..... _.... ... _._ .... .. BS Calculate Draft Rates forfteview by AMena Wetl d/19N6 Wed Y16N6 0% ae AM. W ReMaw and Agree an Final Rates Thu 6IIN6 Thu 6/8/06 0% - , W'� .. .. ... �Y10 e] Rate Adlusiment Approved by City Counsel at PH Monw19106 MM 6/19106 ..._ �ans0 as Q No* Custaoer S.M. of Bull, Charges Tue 62X06 Tue 620/06M ;r .... _ .. ._... ......... ..... ..... .. .... .. a0 Develop AdmlNavadvOProcedures Guidebook Mon]/N05 Fri W30106 31% .... ...... .... 7M tdn _.. - .. ...... . L+5 ... ..... ...._ ... ..... ....... 00 Formulate Outline of Procedure Topics Mon 71 MM 1X17/05 BO% et Cornpus or write pWdacure for each topic Tue 1X18N5 Wed WISOX 10X .. ......... ..... .�. ... ... ........ ..... t ,.._. ...... ....... , ,, _ ., . ._... .... .__. .. _ .. .. .... .......... ..... ..._ ._. .._.. ..... ...at ..... ... _... ..... .. .... ..._.. ...... , , ., ..., , . ., ,. B2 Conduct a review and approval process for Gultleboob on 320106 Thu 427106 0% as Make Charges and Distribute Gmdeb00k to pertinent steft Thu 6/1106 Thu elm 0% 1 .... _...... _... .,, _... .._ _ .._ ..._. .. ....... .__ .. ..._.. ...... .._._ ...... a eo 04 Update Gukebook on ongoing basis as nestled Thu 21N6 Fri 6f30.g6 0% :. ... ... .. .. .. ... .. 03 Modify Work Order Billings- Tue 11/1N5 Mon 12/5105 OX 0% t _... .... ... Hn 11110 ......... ..... -' 06 Review Billlrg Amountsfor AdminStratwe Overhead Tue ttltl0.5 Thu11/1pN5 .._. _..... .. .. ... ..... ..... ... _. .... ._............................................. _.. . W ® FormuWte Cost Be. ter Overhesd Thu 11111Y05 We01123r05 0% •' __Hiro 1112. nne ., w Approval of Cost Burge for Atlmin Overhead Mon 1128x05 Man 1128/05 O% .. _...:. ..... ..... ...._ _.. ., V.. ..... ._ _.... ._.._ ........ _...... ......... .. w e Amend WOM1 ONer Billing Form wIm New Admin Ovemeatl Mon 11/Y05 MM 11/5/05 0% _ .._..... ............ .. ......... .. ..._... ... ..._..... ........._ ..... ..... ..._.. ..._._ ._...... ........_._.. ^. _... 1W Pmpam/Coordinate OWratln9 Budgetfor Wlltles De Pt Mon Y3106 Thu 611N6 O% 0% td1 ® Re0uestand Prepare Revenue Forecasts Mon 47,rU6 Mon 4/11106 _. .. 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In uSio toC WIO6 .... . . . . . .. .. � � . .� � � � � �� � �� �� t0] Cosrdinatephe ra0oncf U0li0.1Vpo Mem CIPButlgat Thu 30010fi NM]/3106 711]106 0% ._ .,.., ..... .. ., ._.. .. .. .. .... .. ... .. .. .. .................... snp Yn To ® ClwWte CIP Budget Forms for Updating - Th 300106 Mon 0% d� :. ... ... ._ .. .. .. ... .. .... .. .... _ 411] ante too r Assemble Merk-ups N CIP Butlgel Fomu entl Forward b Flnance Mon d/n/06 Tue 411 BN6 0% ""I�" ... ... .. ... ...... .... .. ..... Olxretin9 BudgN Mon 521/06 Mon 521N6 OX +10 Presem ClPste D5liry Board eloeg ndh OX . .... ......... ... ,.,__ .... .... .... .... m I m III Ensure data entry 0OPs in B4Tash for use by Managers Mon 70m6 Mon 7006 :.. _. .__.. .. ..::. ...... _............................................._.. .... ... ......`� ., T ... ..._.. .. _._ ... _..... ..... ....... . ... .._. .. ....... .. _.. ..... .._._. .. ._.. .. 112 Develop Automated Work Order System projad Thu 12/15105 Mon 127106 0% I's © Review Bid Bid Speo ficatiob for Prnjept Thu 12/1505 Thu 111V06 094 ......... 0 IV's .12s ... .. 114 . City Cuunal AuthMTaUon to Advertise RFP MM 12?/O6 Mm 123x06 0% . ..... ..... ...... ... ._. ..... .. ...... .vt +15 Pq. 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Yn ns SNen eontl Issuer Thu 211/06 Thu 5111/06 ... 'mledb an CNOLUME-+WnmN.O-11T—PlUB 1pnde 12.1&W 32 045 UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 2nd QTR UPDATE JJ I A. Od I N. ICec ......................... -.....................:.... ........................... ....................:..... i..... ............................................... .............. _...............................:..... :..... ............................................... _... _... ..................................................... ................... .. ..................................................... ............................................... [..... ...._......_........_...... _............ ._...... ..._.___..._............_._............._..................._...:_.................................... ............... mo v1e .. .......... vie ....... _ .... uxo .,..... . ............................................ ......- ...... ............... 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"' Ive Replace l5 Poles Mon]14MS Fd 6AW86 0% _...._.... ......._... ......................................iii :. .. ........ ...._._....._- .......... .... ........ _.._.._................ p]o Electric Yard Nalwork Connection Mon 7119104 TM1u ]0105 100X - - "-------- 200 a/ S9n Canractlor Fiber EAlension Man 7119V Mon 7119W 100% ...._....._ .......... ............. ............_ .1/1 ....0 ......... ........_...... .............. _......... ..... ._........ i ..........._ ...._._ . .............. _........ 2a1 f Install Dark FiberW EWeda of Bldg Man fl90104 Thu 923ro4 100X � ..... ...... .. ......... ... _......_.... ei5o ersa. .. _. ........_..... _.._...... .. _...... _..... ............. _._._._... - ._...._....................................... .......... eve f AwaM Contract for Fiber Installation in Bldg Mon 326/05 Mon 329105 100% -_ .... ... .. ........�Na....._.. ... .._.... ... .._._... ..... ... ...._ ........ ... ...... .. .. .... _. ...... .. 20 � IntaVar Flper OPOc Inse11a60n In Bldg Man 59/05 TM1u ]2/OS 100% . ... .... .... ... � ..... ........................ ....... ....... ..... ....... ....... ..... -' ' ' ' ' ' 3W Electric PwrcrliW Clearance Mon 9112105 Fri 6gOro6 40% � .... ..... ... ......_. .._....�. _.... ... ....... ............ .. ......._. .. .. ._.. ......... 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"iN ........ we ...... .__....................... . .............. ... ...._ .... - - ........ 213 Rubber OloNng Program On Hold Pending Compeneadon Issue Manw,ams Fn WWWS 0% ... ... .._.. ........ yyyt —� ....... .. ....... ..... _..__ ....... .. _-... ..... P• a Refine Writer, Procedures and Handcnt M es EmPlaye Mon w,flro5 Fd,2AMm 0%.. .. ..... ........ _..•.. .... ......._...__.. ........NB i- Islip*... ... .. . 215 G uO T2lnLg for Employees on Procedures Fn,2/a0N5 Fr16In0a W[ ..._ .._..._. ............ ......... ......._........ 1280 ..-1.. .-.... -.1-1-1-1—.1 ............... .:.._.. ... - _........ �� pl0 218 .._. ....... ._._..... ........__.... .......... ..............-_ ............_p. _. .. Prgian's0 1210-05 519 048 — — ------- ------ ----------- UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 2nd QTR UPDATE ............ 1-1-1.1- .............. – ........ ... –.1 .............._.................--......................_s ........ ........ ............. ......... .......... I --so ............. ............................. ...................... ......... ..... --- ............ ...... .- ........ .-iA. --. BA C��-0� 19LS-I�T�PWB Ag� 12-1 ........ ........ 2:1 in 5CPPA'5 second RFP, currently negotiating witn a cagy v,da. sources to frame Me additional renewables procures parable rarmable energy procurement conimcds len House gas emissions (mm City. San Juan resource UTILITIES DEPARTMENT PROJECTS BY DIVISION FOR FY 2005-06, 2nd QTR UPDATE im at .......................................... of me .................................. vt ant r ��iri �'snt P�geAgFCdDOCUME-1W YLOLAL6-11Temyu9lgnW 13-16� )N �.��,,5.� :moi . . c —. 260 a _ Cm6to.oasts California and Fecemi lagislative Issues Mm)/aN5 Fd6 6 50'/. .... _,.._... ... .....__..... -.. ' .. _.............._.. w:zansv ..__.... .......... ......__.. _ _....... .._.. ....._._... .; ...._......_ ]N _ Sat Wide. Flnandal Raaem Polity and ReNew of Ekctric Rate Models Mon 10/3/05 Fd 6130106 12% ......... ...... ................. .......... .........._...._ _..._....__ .--............_. _ _... ........... - . Identify capital requirements for operebg and CIP finandal planning Mon 1013/05 Fd 391/06391/060% - ....ran fat -' " - 263 Idmidy"PlMl requimmmt, for ensuring Steve relall rates Mon 1DWS Fd Yd1N6 0% .....-_..... _... ... _...Ire vst .. .._.... ...._ _.. ....... .... ....... ...... zw Formulate Utility Reserve Pdiry - Omit reserve pdiry fonnulatetl. Mon 4mN6 Fn 6I30N6 80% useno-- -'-" " ® Seek ApPmval born Way Board Mm 826/06 Mm 6/16106 0% ... ........................ ..................................... .. ... .... .. ...... arse arse ... ............... .... ... . zee ® Review andrisme c0arent costallgmtians to uNlOmer classes MM 1206 Fd391m6 OX .. .... ... ...... ... ...... .... to Yat'--- eat a polka data ata cpquet time bases cart urvke stutlks - Man 1fIiD6 Fri 3131/06 21Y,6 . ... ....... ......._. ... .... ........ .... ...... _._. _.. .... ....... to ant rtlimiv data requirements M1ava been assessed. 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Work wiM Fvvnu to Assiztm Audit of VOlity-PmMdM date and Tue 164105 Thu 102765 80% ......... ......... ......... ........... ............... assisted in dwifyiN 6.ues to a,dl p . 270 Set up Procedure m Aza for Depreciation Fri 711105 Mon]/1005 0X ._........... ._._......._ ......_.... .. ._._._._._ �.............. .. .._................................. ............ ........ _.... ... z7v —(On Hdd, pmdMg Finance Dept span) Fd 7/165 Mm 7/CNS O% ................... ..._ .. 7H ll va ... ...._.._... _._._. ............ ......__.0 .... .... ........................ ............ ........._.. .. 290 Conal der CA Refund Settlement Agreement lDmin9 determined by Thv)/1ma Wed 62965 0% lit _...... .. .... .._. ....... ..........__.. .. ......... _......_. ....._.. a7n"- oMer.. ...__....... ........._ 2m._...... _._..._. ...__..._...... ...._........._ .... .............. _........ ........ . .. .............. ._......._ __ ........._.... ................. 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Validate and Submit Report t DNersion>W% (< ,AUDITREO'D)1105 Mon 2/14/05 0%,...... ..... .... ._. .... .. ..... ......... ..... .. ........Conduct Disosal Audit of Landfill Tonnage If Diversion TWX 0/05 Thu }gtl5 0% viti v, ...... ........ .._. _.. ........... ............. ...... ..... .......... _.. ..... ._....... _... 32B ice. 9.W%Submtt RePortwiti RequanOChanges After Audit Tue W1/05 Tue InIA16 0% _... ...... ...... ♦11 . _....... ._...... .. ............ .._.... ... .......... ...._.. ..... .._ ... .. ---- _......... 33] Aaautwlth Cleaner, Greener, More Beautiful Musa Mon 10117105 Thu Mobil 0% ..... .. _.. ........ ...... .. ............................. _.. Jon j1 Schedule HHW Roundup at Nodi Man IW17M6 Mon 1W7M 0% �� � ����� �� �� ... .. .... ..... _.. ., .... .. ..... �� ..... 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Din (lomnrly School) Rerycling Program o Wed 10127/00 Mon 626/06 0% .._ ... .......... _.. ..... .._.. .._.... ...... _._.. .. ..... _.. .. .... 33e S Renew 3 new containers Wetl 102]/00 Thu 1028100 OX .. . .... .. _._: .... . . .. + IM? .. ..._. ._. ..... ... .. ._ _ .. .... .._... .. ...... .__. ........ ... _. .__. ...... _. 330 0 uummite Container to Senior Center, l Otters Thu 11/18100 Tnu 1111 BN0 0:G .1111x: ......11.1--.1-- .... ..... I .... . ..__ .......... .. .._.. ...... .... ...... __......... ...... _... ._..._. ... J4o m Submit Gant Forms W State Mon w6n)(51 Mon 6!26/06 P.J."In C?D00.11.d:-1lMineAL LYlRempIUB AWrda 12-10Qs 9ro 052