Loading...
12-29-2010 HUCMRegular Meeting December 29, 2010 Members present: Vice President Robert Hantge, Secretary Craig Lenz; Commissioner Donald H. Walser; Commissioner Paul Nordin; Attorney Marc Sebora; General Manager Michael Kumm Member absent: President Dwight Bordson Vice President Hantge called the meeting to order at 3:00 p.m. The minutes of the November 30, 2010 regular meeting were reviewed. A motion was made by Commissioner Walser, seconded by Commissioner Nordin to approve the minutes as written. Motion was unanimously carried. The minutes of the December 15, 2010 special meeting were reviewed. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve the minutes as written. Motion was unanimously carried. The November 2010 payables were discussed. A motion was made by Secretary Lenz, seconded by Commissioner Walser to ratify the payment of bills in the amount of $3,003,409.37 (detailed listing in payables book). Motion was unanimously carried. Special guest, Doug Carnival was welcomed to the meeting. Mr. Carnival discussed options of compensation for GM Kumm because of current legislative law regarding the Governor's salary cap. Vice President Hantge requested help working with contacting the legislators. GM Kumm presented the November 2010 financial statements /budget year -to -date. After discussion, a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve the November 2010 financial statements /budget year -to -date. Motion was unanimously carried. GM Kumm presented the Minnesota Mining & Mfg. 2011 natural gas transportation agreement. This is our annual contract; we transport natural gas for 3M; nothing has changed in the agreement. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve the Minnesota Mining & Mfg. 2011 natural gas transportation agreement. Motion was unanimously carried. (Agreement attached.) John Webster presented the HUC / BP natural gas services addendum. After discussion a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve HUC / BP natural gas services addendum. Motion was unanimously carried. (Addendum attached.) John Webster presented two natural gas purchases. One is natural gas for power plant for generation in January and February 2011 and one is natural gas for the system for November 2011 through October 2013. After discussion a motion was made by Secretary Lenz, seconded by Commissioner Walser to retroactively approve natural gas purchases. Motion was unanimously carried. (Purchases attached.) John Webster presented the long term supplier agreement with Border States — Gas. We have this same agreement on the electric side and our experience with Border States is excellent. They will house our inventory and send it when we need it. After discussion a motion was made by Commissioner Nordin, seconded by Commissioner Walser to approve the long term supplier agreement with Border States — Gas. Motion was unanimously carried. (Agreement attached.) Randy Blake presented the HDR proposal for engineering services. This proposal is for the replacement of plant 1 engine generators. HUC has used HDR for other engineering services and we have developed a dependable relationship with them. After discussion a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve HDR proposal for engineering services. Motion was unanimously carried. GM Kumm presented Resolution 7 — adopted January 31, 1983, to be amended. At the time Resolution 7 was adopted there was a three member board, which has since changed to a five member board. The amended Resolution resolved that checks, warrants and other withdrawal orders issued against funds of the Commission on deposit with any financial institution shall be signed by two Commissioners by means of a stamp signature. In the event only one Commissioner is available, the Administrative Coordinator can sign. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve amending Resolution 7 — adopted January 31, 1983. Motion was unanimously carried. (Resolution attached.) GM Kumm presented changes to policy on payments of HUC payables. This is reviewed yearly at the request of our auditors. Our financial manager, Jared Martig, asked for authorization to amend the year to 2011 that claims shall be paid. A motion was made by Commissioner Walser, seconded by Commissioner Nordin to approve changes to policy on payments of HUC payables. Motion was unanimously carried. (Policy attached.) GM Kumm presented changes to policies and requirements booklet: sections: inserts with utility bills; inaccessible utility equipment /meters; identity theft — red flag program. Inserts with utility bills and inaccessible utility equipment /meters are for review only; no changes were recommended. The changes to identity theft — red flag program reflect title change only. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve changes to policies and requirements booklet; section identity theft — red flag program. Motion was unanimously carried. (Policy attached.) GM Kumm presented for review exempt and non - exempt handbooks, sections: offensive behavior /sexual harassment; retirement; resignation. No changes were recommended. GM Kumm presented requisition #004269 for 27,500' conductor from Border States. This is purchased through our long -term agreement with Border States. Discussion was held regarding meeting with Jared Martig, Roberta Yates and Attorney Sebora to discuss the process of long -term agreements. After discussion, a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve requisition #004269 for 27,500' conductor from Border States for $50,404.92. Motion was unanimously carried. (Requisition attached.) GM Kumm presented requisition #004270 for 22,500' conductor, 500 MCM from Border States. This is purchased through our long -term agreement with Border States. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve requisition #004270 for 22,500' conductor, 500 MCM from Border States for $89,815.08. Motion was unanimously carried. (Requisition attached.) GM Kumm mentioned that the suggested date of January 26, 2011, for the joint meeting with the City was cancelled. Division Reports Electric — Randy Blake • New transformer downtown is in place; calibration needed on a relay then transformer will be put into service. Gas — John Webster • Update on the AMI system Business — Jan Sifferath • New account coordinator, Kristin Allen, starts December 30, 2010. • A breakdown of the 2011 CIP program was given to the Commissioners. It is similar to the 2010 CIP program. • Update on the PILOT for billing statements Finance — Jared Martig • Financials and payroll are going `live' first week in January. • Update on IT, legal and HR fees for services. Legal Update Discussed possible dates City Council proposed for the joint meeting: February 22, February 23 or March 8, 2011. Unfinished Business None New Business Electronic packets: A motion was made by Secretary Lenz, seconded by Commissioner Nordin to send the monthly commissioners packets electronically. There being no further business, a motion was made by Secretary Lenz, seconded by Commissioner Nordin to adjourn the meeting at 4:57 p.m. Motion was unanimously carried. ATTEST: Robert Hantge, Vice President Craig Lenz, Secretary Regular Meeting December 29, 2010 Members present: Vice President Robert Hantge, Secretary Craig Lenz; Commissioner Donald H. Walser; Commissioner Paul Nordin; Attorney Marc Sebora; General Manager Michael Kumm Member absent: President Dwight Bordson Vice President Hantge called the meeting to order at 3:00 p.m. The minutes of the November 30, 2010 regular meeting were reviewed. A motion was made by Commissioner Walser, seconded by Commissioner Nordin to approve the minutes as written. Motion was unanimously carried. The minutes of the December 15, 2010 special meeting were reviewed. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve the minutes as written. Motion was unanimously carried. The November 2010 payables were discussed. A motion was made by Secretary Lenz, seconded by Commissioner Walser to ratify the payment of bills in the amount of $3,003,409.37 (detailed listing in payables book). Motion was unanimously carried. Special guest, Doug Carnival was welcomed to the meeting. Mr. Carnival discussed options of compensation for GM Kumm because of current legislative law regarding the Governor's salary cap. Vice President Hantge requested help working with contacting the legislators. GM Kumm presented the November 2010 financial statements /budget year -to -date. After discussion, a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve the November 2010 financial statements /budget year -to -date. Motion was unanimously carried. GM Kumm presented the Minnesota Mining & Mfg. 2011 natural gas transportation agreement. This is our annual contract; we transport natural gas for 3M; nothing has changed in the agreement. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve the Minnesota Mining & Mfg. 2011 natural gas transportation agreement. Motion was unanimously carried. (Agreement attached.) John Webster presented the HUC / BP natural gas services addendum. After discussion a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve HUC / BP natural gas services addendum. Motion was unanimously carried. (Addendum attached.) John Webster presented two natural gas purchases. One is natural gas for power plant for generation in January and February 2011 and one is natural gas for the system for November 2011 through October 2013. After discussion a motion was made by Secretary Lenz, seconded by Commissioner Walser to retroactively approve natural gas purchases. Motion was unanimously carried. (Purchases attached.) John Webster presented the long term supplier agreement with Border States — Gas. We have this same agreement on the electric side and our experience with Border States is excellent. They will house our inventory and send it when we need it. After discussion a motion was made by Commissioner Nordin, seconded by Commissioner Walser to approve the long term supplier agreement with Border States — Gas. Motion was unanimously carried. (Agreement attached.) Randy Blake presented the HDR proposal for engineering services. This proposal is for the replacement of plant 1 engine generators. HUC has used HDR for other engineering services and we have developed a dependable relationship with them. After discussion a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve HDR proposal for engineering services. Motion was unanimously carried. GM Kumm presented Resolution 7 — adopted January 31, 1983, to be amended. At the time Resolution 7 was adopted there was a three member board, which has since changed to a five member board. The amended Resolution resolved that checks, warrants and other withdrawal orders issued against funds of the Commission on deposit with any financial institution shall be signed by two Commissioners by means of a stamp signature. In the event only one Commissioner is available, the Administrative Coordinator can sign. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve amending Resolution 7 — adopted January 31, 1983. Motion was unanimously carried. (Resolution attached.) GM Kumm presented changes to policy on payments of HUC payables. This is reviewed yearly at the request of our auditors. Our financial manager, Jared Martig, asked for authorization to amend the year to 2011 that claims shall be paid. A motion was made by Commissioner Walser, seconded by Commissioner Nordin to approve changes to policy on payments of HUC payables. Motion was unanimously carried. (Policy attached.) GM Kumm presented changes to policies and requirements booklet: sections: inserts with utility bills; inaccessible utility equipment/meters; identity theft — red flag program. Inserts with utility bills and inaccessible utility equipment/meters are for review only; no changes were recommended. The changes to identity theft — red flag program reflect title change only. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve changes to policies and requirements booklet; section identity theft — red flag program. Motion was unanimously carried. (Policy attached.) GM Kumm presented for review exempt and non - exempt handbooks, sections: offensive behavior /sexual harassment; retirement; resignation. No changes were recommended. GM Kumm presented requisition #004269 for 27,500' conductor from Border States. This is purchased through our long -term agreement with Border States. Discussion was held regarding meeting with Jared Martig, Roberta Yates and Attorney Sebora to discuss the process of long -term agreements. After discussion, a motion was made by Commissioner Walser, seconded by Secretary Lenz to approve requisition #004269 for 27,500' conductor from Border States for $50,404.92. Motion was unanimously carried. (Requisition attached.) GM Kumm presented requisition #004270 for 22,500' conductor, 500 MCM from Border States. This is purchased through our long -term agreement with Border States. A motion was made by Secretary Lenz, seconded by Commissioner Nordin to approve requisition #004270 for 22,500' conductor, 500 MCM from Border States for $89,815.08. Motion was unanimously carried. (Requisition attached.) GM Kumm mentioned that the suggested date of January 26, 2011, for the joint meeting with the City was cancelled. Division Reports Electric — Randy Blake • New transformer downtown is in place; calibration needed on a relay then transformer will be put into service. Gas — John Webster • Update on the AMI system Business — Jan Sifferath New account coordinator, Kristin Allen, starts December 30, 2010. A breakdown of the 2011 CIP program was given to the Commissioners. It is similar to the 2010 CIP program. Update on the PILOT for billing statements Finance — Jared Martig • Financials and payroll are going `live' first week in January. • Update on IT, legal and HR fees for services. Legal Update Discussed possible dates City Council proposed for the joint meeting: February 22, February 23 or March 8, 2011. Unfinished Business None New Business Electronic packets: A motion was made by Secretary Lenz, seconded by Commissioner Nordin to send the monthly commissioners packets electronically. There being no further business, a motion was made by Secretary Lenz, seconded by Commissioner Nordin to adjourn the meeting at 4:57 p.m. Motion was unanimously carried. Pa4d-l"&- �Cc�1 NOr &,v-\ , Comm S5;owef. ATTEST: LA) 17ona.1 d 4• W a Ise r, + +tow�xsx� AGREEMENT rn�Es Hutchinson THIS AGREEMENT IS MADE BY AND BETWEEN HUTCHINSON Utilities Commission UTILITIES COMMISSION, HEREINAFTER "HUC" AND MINNESOTA MINING AND MANUFACTURING CO., HEREINAFTER "3M ", ON THE 225 Michigan Street FOLLOWING TERMS AND CONDITIONS. Hutchinson Minnesota WHEREAS, 3M DESIRES TO PURCHASE, AND HUC SHALL 55350 PROVIDE, FIRM GAS FOR USE AT 3M'S HUTCHINSON NORTH AND SOUTH PLANTS; AND, WHEREAS, 3M DOES ACKNOWLEDGE THAT HUC WILL, IN RELIANCE UPON THIS AGREEMENT, ENTER INTO AN AGREEMENT TO PROVIDE FIRM GAS AND TRANSPORTATION. WHEREAS, THE PURCHASE PRICE OF THE CONTRACT QUANTITIES SHALL BE BASED ON THE MONTHLY INSIDE FERC VENTURA INDEX, AS PUBLISHED BY PLATT'S "GAS DAILY ", PLUS /MINUS THE NNG VENTURA TO NBPL, VENTURA MONTHLY PREMIUM. Tel 320-587-4746 PAGE 1 of 4 Fax 320- 587 -4721 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES MAKE THE FOLLOWING Dwight Bordson President AGREEMENT: Robert Hantge Vice President HUC SHALL PROVIDE, AND 3M SHALL ACCEPT, FIRM GAS Craig Lenz Secretary Sec retary COMMENCING JANUARY 1, 201 1. AT 9:00 A.M. AND TERMINATING Donald H. Walser ON JANUARY 1, 2012, AT 9:00 A.M. Commissioner Paul Nordin Commissioner Michael Kumm General Manager Tel 320-587-4746 PAGE 1 of 4 Fax 320- 587 -4721 1 . 3M SHALL PAY HUC BY THE FOLLOWING SCHEDULE DURING THE TERM OF THIS AGREEMENT: (ALL RATES EXPRESSED AS $ /DTH.) FLOW THROUGH ALL NATURAL GAS METERS COMMODITY INDEX TRANSPORTATION $0.91 MONTHLY PEAK DAY DEMAND $0.00 /MMBTU 2. HUTCHINSON AGREES TO PROVIDE DAILY SWING SUPPLY TO 3M AT THE APPLICABLE PRICE, AS PUBLISHED FOR THE DAY BY PLATT'S "GAS DAILY" IN ITS "DAILY PRICE SURVEY ($ /DTH)" FOR "NORTHERN, VENTURA" "MIDPOINT" ( "DAILY INDEX ") PLUS /MINUS $0.01. SWING SUPPLY IS DEFINED AS SUPPLY INCREASES OR DECREASES, FROM CONTRACTED LEVELS, NOMINATED AT LEAST 24 HOURS PRIOR TO THE START OF THE GAS DAY. 3. HUTCHINSON SHALL PROVIDE 3M WITH REAL-TIME BALANCING. BASED ON THE FOLLOWING: BEST EFFORTS REALTIME SWING NOMINATED LESS THAN 24 HOURS PRIOR TO THE END OF THE GAS DAY ON A BEST EFFORTS BASIS, PRICED AT THE APPLICABLE PRICE, AS PUBLISHED FOR THE DAY BY PLATT'S "GAS DAILY" IN ITS "DAILY PRICE SURVEY ($ /DTH)" FOR "NORTHERN, VENTURA" "MIDPOINT" ( "DAILY INDEX "), PLUS /MINUS $0.15. 4. 3M SHALL PROVIDE TO HUC. BY THE END OF THE 15TH DAY OF THE MONTH PRIOR TO GAS FLOW THE BASE LOAD LEVEL OF NATURAL GAS REQUIRED FOR THE FOLLOWING MONTH. IN THE EVENT HUC HAS NOT RECEIVED THE BASE LOAD NOMINATION FROM 3M BY THE END OF THE 15TH DAY OF THE MONTH PRIOR TO THE GAS FLOW PAGE 2 Of 4 HUC SHALL NOMINATE THE CURRENT MONTH'S BASE LOAD LEVEL FOR THE FOLLOWING MONTH 5. DURING THE TERM OF THIS AGREEMENT, HUC SHALL NOT BE LIABLE FOR STOPPAGE OF FLOW ON THE PIPELINE, NORTHERN BORDER PIPELINE COMPANY EQUIPMENT FAILURE, OR ANY OTHER FORCE MAJEURE WHICH AFFECTS THE FLOW OF GAS TO THE HUC BORDER STATIONS, OR ANY ACT OF GOD WHICH INTERRUPTS FLOW OF GAS ON THE PIPELINE. 6. PAYMENT IS DUE FROM 3M ON OR BEFORE THE TENTH DAY FOLLOWING THE DATE THE BILL IS ISSUED BY HUC. PAGE 3 of 4 THIS AGREEMENT SETS FORTH ALL TERMS AGREED UPON BETWEEN THE PARTIES, AND NO PRIOR ORAL OR WRITTEN AGREEMENTS SHALL BE BINDING. THIS AGREEMENT SHALL NOT BE ALTERED, AMENDED OR MODIFIED EXCEPT AS IN WRITING AND EXECUTED BY BOTH PARTIES. HUTCHINSON UTILITIES C ISSION BY: NAME: TITLE: Robert Hantge DATE: 12/29/10 MINNESOTA MINING & MANUFACTURING r - ,za ' .► v ..- DATE: fa1�j JI D PAGE 4 of 4 r NATURAL GAS SERVICES ADDENDUM This Nat uml Gas Services Addendum (-Services Addendum-) dated 2010 suWkments, amends and is subjw to a Saw Co MW for Sale and Pwrlwe of Natural Gas between BP Ca"ada EnOW M4tkcdng COXP ("Or) and Hutchinson Utilities Commission, City of Hutchinson, MiOW,100 dated Ja=atY 1, 20K Pursuant to which BP delivers and sells Gas to Hutchinson ("Base Contrwr"). Hutchinson a Transac6on Confimmfion iu accordance with the confinnation procedure of the Base Contract N 9, During the. term of this Service Addendum, for ewb NW. Btu of Gas purchased by Hutchinson Cream a third party supplier and delivered to Hutchinson in a month, Hutchinson shall pay BP a third party supply handling fee of $0.01/MMBtu ("Supply RanAng Feel). ftLftjjiO and Forteitur—es, 10. BP and Hutchinson Shall work together to minimize any penalties or forfeitures that may arise in respe,ct of Hutchinson for which BP provides Management Services. Each party W71700.1 it T * f El iL1S116SQX 11 /Ga /LV1V ,s:V /::i4 VM PAGE 1 /001 Fax Server U �� BP Canada Energy Marketing Corp. 11 /29/2010 011 Buyer: Seller: Trade Date: 11/29/2010 Attn: Confirmation Dept Rep:Mark Tillwick Transaction Confirmation #:6977030 Hutchinson Utilities Commission BP Canada Energy Marketing Corp. BP Internal Contract ID #:5502218 Fax #: (320) 587 -4721 240 -4th Avenue SW BP (Nucleus) ID:5577957 Calgary, AB T2P 2H8 Fax #: (713) 323 -1633 Physical Gas Transaction Confirmation For Immediate Delivery Trade date: 11/29/2010 Invoice Currency: US$ Broker: Start date: 01/01/2011 Invoice UoM: MMBTU End date: 02/28/2011 Deal type: Firm Fixed Quantity Delivery Point Pipeline Start End Qty Totals by Price Tier Price: US$/ Delivery Point Tier Quantity MMBTU MM BTU /Day MM BTU /Day rimont Northern Border 01/01/2011 02/28/2011 250 1 250 4.70 Pipeline Company 2 0 Others- (Ventura) G D + 0.0075 Special Pricing Provisions: Take or Pay Others- (Ventura) USD 01/01/2011 02/28/2011 G D -0.01 This Transaction Confirmation confirms the terms of the transaction between the parties and is subject to the terms and conditions of the Base Contract dated 01/01/2004. In the event that the parties have not yet executed a Base Contract, this transaction shall be subject to the NAESB Standard 6.3.1, September 5, 2006 Base Contract for Sale and Purchase of Natural Gas and General Terms and Conditions related thereto, with all default elections being deemed selected by the parties. Upon the execution of any Base Contract between the parties, this transaction shall be merged into and governed by such executed Base Contract. Please confirm the foregoing correctly sets forth the terms of our agreement with respect to this Transaction by signing in the space provided below and returning a copy of the executed confirmation within five (5) business days of receipt. Failure to respond by providing a signed copy of this Transaction Confirmation or an objection to any specific terms to which the counierparty does not agree will be deemed acceptance of the terms hereof. If you have any questions, please contact the Confirmation Department by: Phone - (713) 323 -1866 Fax - (713) 323 -1633 or (713) 323 -4934 email - NAG Pconfirmations @bp.com BP Canada Energy Marketing Corp. By: Mark Tillwick Date: 11/29/2010 Hutchinson Utilities Commission BP (NUCLEUS) ID:5577957 Page 1 of 1 nigntrax 11/29 /2010 3:10:41 PM PAGE 1/005 Fax Server \BP Canada Energy Marketing Corp. 11/29/2010 Buyer: Seller: Trade Date: 11/29/2010 Attn: Confirmation Dept Rep:Mark Tillwick Transaction Confirmation #:6978100 Hutchinson Utilities Commission BP Canada Energy Marketing Corp. BP Internal Contract ID #:5502218 Fax #: (320) 587 -4721 240 -4th Avenue SW BP (Nucleus) ID:5578779 Calgary, AB T2P 21-18 Fax #: (713) 323 -1633 Physical Gas Transaction Confirmation For Immediate Delivery date: 11/29/2010 Start date: 11/01/2011 End date: 10/31/2013 e Currency: US$ Invoice UoM: MMBTU Deal type: Firm Fixed Quantity Start: 11/01/2011 End:11/30/2011 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 7,700 MMBTU /Month Tier 1 7,700 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 Start: 12/01/2011 End:12/31/2011 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 10,656 MMBTU/Month Tier 1 10,656 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 Start:01/01/2012 End:01/31/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 12,056 MMBTU /Month Tier 1 12,056 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF 1-1.45 Start:02 /01 /2012 End:02/29/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 11,200 MMBTU /Month Tier 1 11,200 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 03/01/2012 End:03/31/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ I csr tiNUkLtUZJ) iU:55 /?3119 Page 1 of 5 Rightfax 11/29/2010 3:10:41 PM PAGE 2/005 Fax Server Pipeline Company 10,111 MMBTU /Month Tier 1 10,111 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : {NNG Ventura, lA IF 1 -1.45 Start:04 /01/2012 End:04/30/2012 Delivery Point: Trimont Pipe:Northern Border Pipeline Company 5,833 MMBTU /Month Tier 1 5,833 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 {NNG Ventura, IA IF 1 -1.45 t:05/01/2012 End:05/31/2012 Delivery Point: Trimont Pipe:Northern Border Pipeline Company 2 MMBTU /Month Tier 1 3,422 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$/MMBTU (Ventura) GD + 0.0075 : {NNG Ventura, IA IF) -1.45 irt:06/01/2012 End:06/30/2012 Delivery Point: Trimont Pipe:Northern Border Pipeline Company 11 MMBTU /Month Tier 1 2,411 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : {NNG Ventura, IA IF) -1.45 Start:07/01/2012 End:08/31/2012 Delivery Point: Trimont Pipe:Northern Border Pipeline Company 2,178 MMBTU /Month Tier 1 2,178 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : {NNG Ventura, IA IF 1 -1.45 Start:09 /01/2012 End:09/30/2012 Delivery Point: Trimont Pipe:Northern Border Pipeline Company 2,333 MMBTU /Month Tier 1 2,333 MMBTU /Month 5.05 US$ /MMBTU Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 tsr fivuc.utUZ:,) iu:55irsiia age 2 of 5 F1 Floor$ F1 Floor$ F1 Floor$ F1 Floor$ F1 Floor$ F1 ttightfax 11/29/2010 3:10:41 PM PAGE 3/005 Fax Server (NNG Ventura, IA IF 1 -1.45 10/01/2012 End:10/31/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company MMBTU /Month Tier 1 4,822 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 JR : (NNG Ventura, IA IF) -1.45 Start: 11/01/2012 End:11/30/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 7,700 MMBTU /Month Tier 1 7,700 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 Start: 12/01/2012 End:12/31/2012 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 10,656 MMBTU /Month Tier 1 10,656 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 Start:01 /01/2013 End:01/31/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 12,056 MMBTU /Month Tier 1 12,056 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF 1 -1.45 Start:02 /01/2013 End:02/28/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 11,200 MMBTU /Month Tier 1 11,200 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF) -1.45 Start: 03/01/2013 End:03/31/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 10,111 MMBTU /Month Tier 1 10,111 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU bF (NUCLEUS) IU:5578779 Page 3 of 5 njs11j - =ax 11 /ZWZU1U 3:10:41 PM PAGE 4/005 Fax Server (Ventura) GD + 0.0075 1 : (NNG Ventura, IA IF 1-1.45 tart:04/01/2013 End:04/30/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 833 MMBTU /Month Tier 1 5,833 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 {NNG Ventura, IA IF) -1.45 t:05/01/2013 End:05/31/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 2 MMBTU /Month Tier 1 3,422 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 : {NNG Ventura, IA IF) -1.45 irt:06/01/2013 End:06/30/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 11 MMBTU /Month Tier 1 2,411 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : (NNG Ventura, IA IF 1-1.45 Start:07 /01/2013 End:08/31/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 2,178 MMBTU /Munch Tier 1 2,178 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : {NNG Ventura, IA IF 1-1.45 Start:09 /01 /2013 End:09/30/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company 2,333 MMBTU /Month Tier 1 2,333 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 F1 : {NNG Ventura, IA IF 1-1.45 Start: 10/01/2013 End:10/31/2013 Delivery Point: Trimont Pipe:Northern Border Floor$ Pipeline Company ui 1-Uo) iv.ao/oi iy gage 4 of 5 nigntiax 11/29/2010 3:10:41 PM PAGE 5/005 Fax Server MMBTU /Month Tier 1 4,822 MMBTU /Month 5.05 US$ /MMBTU F1 Tier 2 0 MMBTU /Month Others- US$ /MMBTU (Ventura) GD + 0.0075 {NNG Ventura, IA IF 1-1.45 Special Pricing Provisions: Take or Pay Others- (Ventura) USD 11/01/2011 10/31/2013 This Transaction Confirmation confirms the terms of the transaction between the parties and is subject to the terms and conditions of the Base Contract dated 01/01/2004. In the event that the parties have not yet executed a Base Contract, this transaction shall be subject to the NAESB Standard 6.3.1, September 5, 2006 Base Contract for Sale and Purchase of Natural Gas and General Terms and Conditions related thereto, with all default elections being deemed selected by the parties. Upon the execution of any Base Contract between the parties, this transaction shall be merged into and governed by such executed Base Contract. Please confirm the foregoing correctly sets forth the terms of our agreement with respect to this Transaction by signing in the space provided below and returning a copy of the executed confirmation within five (5) business days of receipt. Failure to provide a signed copy of this Transaction Confirmation or an objection to any specific terms to which the counterparty does not agree within five (5) business days of receipt of this Transaction Confirmation will be deemed acceptance of the terms hereof. If you have any questions, please contact the Confirmation Department by: Phone - (713) 323 -1866 Fax - (713) 323 -1633 or (713) 323 -4934 email - NAGPconfirmations @bp.com BP Canada Energy Marketing Corp. Hutchinson Utilities Commission By: Mark Tiliwick Q W _ Date: 11/29/2010 ate: A hin /JO BP (NUCLEUS) ID:5578779 Page 5 of 5 Long Term Supplier Agreement Parties: This Agreement is made between Border States Electric and Hutchinson Utilities Commission (HUC), and shall be effective as of the date of execution by both parties. Purpose: This Agreement is to confirm that Border States Electric will provide specified Natural Gas related products or materials referenced in the Parts Listing to HUC at the quoted price. In turn, HUC agrees to purchase these products from Border States Electric for a period of one year unless, in the opinion of HUC, supplier cannot meet reasonable delivery dock dates. Term: The term of this Agreement will be for a period of one year, commencing on January 1, 2011. The term of this Agreement will be extended automatically, in increments of one year, unless either party gives written notice of termination no less than thirty (30) days prior to expiration for the then - current term. Termination: Either party may terminate Agreement at any time, without cause, with thirty (30) days written notification. Amendments: The Part List may be amended or added to at any time by written agreement between HUC and Supplier. Items may be removed from the Part List at anytime by HUC with written notification. Price changes based on raw material price will be reviewed periodically and the parties will determine whether a price increase or decrease is appropriate. Explanations for price increases will be documented and given to HUC. Inventory: Supplier will maintain adequate inventory to supply parts and product to HUC. HUC will not be required to purchase a specified amount of inventory from the supplier during this Agreement. In cases of Agreement termination, obsolescence, or discontinued usage of a part, HUC will not be responsible for supplier inventories unless part was built to HUC prints. Supplier shall report current stock status of items on Part List to HUC as requested. Upon request, HUC will provide supplier approximate usage of parts, thereby enabling the supplier to be in a reasonable position to meet purchase order quantities. Delivery: Supplier shall normally ship parts from stock within two or three working days after ordered or released unless otherwise requested and agreed. Supplier agrees to achieve and maintain a 98% on time delivery percentage by end of second quarter of Agreement. If a delivery is not expected to be made on- time, supplier will notify HUC and will take all reasonable steps at its own cost to expedite delivery. If a delivery is not made on -time or if notice is given that a delivery is expected to be late, HUC may cancel the order immediately by delivering notice of the cancellation to supplier. If a delivery is not on time and is canceled by HUC, HUC will be free to purchase the late products from a third party. Cost Reduction: Parties will meet for quarterly reviews throughout the year. Discussions will include identifying cost reduction ideas and goals. Date Signature Printed Name Title Company Long Term Supplier Agreement 12/10 ry Date f2 z -t A o Signature l / Printed Namel�lHt`F Title V t cr ro e Company WV C- Adopted January 31, 1983 Amended December 29, 2010 RESOLUTION 7 - RENUMBERED FOR SEARCH PURPOSES ONLY AS 133 RESOLUTION OF HUTCHINSON UTILITIES COMMISSION CITY OF HUTCHINSON RESOLVED, that checks, warrants and other withdrawal orders issued against funds of the Commission on deposit with any financial institution shall be signed by two Commissioners through the use of their stamp signature. An e -mail listing of checks shall be sent to all Commissioners. The stamp signatures of the first two Commissioners to respond with their approval will be used. effieers, ene of the signatures shall be- by a persen fielding ene ef= the felleid3ng effiees. (a) President, er (Vi ee —President; and the ether signature shall be by a persen heldi ng ene—ef the — €e1- lewing effiees . (a) Seeretary, —ems) Reeerding Se ret,r•, Tssistant - Seeretary7 RESOLVED FURTHER, that in the event the Preside and `Viee President are beth temperarily unavailable, then the Seeretary and Assistant Seeretary, jeintly, are only one Commissioner is available, the Administrative Coordinator is hereby authorized and appointed to sign. Amended January 4, 2010 Amended December 29. 2010 Policy on Payments of Hutchinson Utilities Commission Payables The Hutchinson Utilities Commission Accountant and Financial Manager are hereby authorized to issue warrant(s) drawn from the proper funds. (Resolution 153 was amended on March 25, 2009 and reads as follows): Resolution 153 authorizes HUC Accountant to transfer funds by wire or other electronic means. Claims shall be paid upon proper presentation during the year 2010 2011. This policy shall be reviewed on an annual basis. IDENTITY THEFT — "RED FLAG PROGRAM" It shall be the policy of Hutchinson Utilities Commission to establish an identity theft program, also know, as "Red Flag Program ". Hutchinson Utilities Commission has an identity theft program in place called the "RED FLAG PROGRAM ", pursuant to the Federal Trade Commission's Red Flag Rule, which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. Internal procedures have been established whereby employees of HUC have been trained on how to recognize and what procedures to follow if the employee suspects an identity theft is taking place. Implementation of the Red Flag Program is the responsibility of the Account Supervisor. Administration and maintenance of the Red Flag Program is the responsibility of the BUSiRess Customer /HR Manager. 0 UL Z L0 r in- D a Z 0 G 0 V W J_ H D Z CO Z U 2 m C: m C o Tn > •� o CL � n C� Q _ f0 o N O N O N a) � E d � N N O N CD O O O O z d a c O L � U r rc- aa) a N � Y_ v i x U C a Z O U I 0 O 'V'^ VI C G Q O U C/) L O o LO w ce) H W v U a o O o �n J m 0 H F-Z�� = N r NO LL Z Z Z 'T V m i cf)00 00 A fq `n Ln U o Z_ 2 Z o o (� = M M 0) 0 U U o F- LO F- O X = r 0- LL O F- Q. L U) C J Q O w O _ co O vi Y uJ Lli ° �Lc) C/) m z U z J < W W av z w war-° F-0aNrn o cD U Q Z F- Z v c� U) M N cu E O E O} O M � J o co O O o rY w Y 00 r- 'IT � O � CD _ J O O X mrnmaii Yo d � N Q- E m :3 V/ Y m C: m C o Tn > •� o CL � n C� Q O N O N O It O O O N O V N O N CD O v� rc- Q) cm f0 (0 Q 0 N � v i x U a m U) U — U N O (6 m no C/) C/)� Q Q c m co NO LL U i m C: m C o Tn > •� o CL � n C� Q NG O LL Z _O LLI w CO V U W F— L1 1: M Z O Z U a 0o O co to O O t-�0U') r` n � co N N f9 X L to U H co Q 0 o w N O N N°> cu ai ai � f 76 (U a (U U Q (U 07 C O = of cli W H � < O T m � T m c o > •� o CT a � Q O o M O O ti d 00 N O O O Z L (- IL U C O f6 w d V U-) Cl) a M r C Z O U) 0 0 U C G O N LO O o LV 0 O � P ~ ZCO`_ N - ti Z Z aZ�ti w' o C7 Ln Ln w to O Z 2 Z C.i C.i I =U =MM �o o O j< =�2au _a 0 L U) J O >Q Y _ to O LO LO N LO Rt w W �LO E o c:) m LO N Z a U Z Z L t: n O J v � W W r- Lo O t- a N rn � U aZca-MU G Z � M V% m O E W O J b(D O O O �00� v J O LO O O X CD C'L LT 0 N N A d Q E w r a 0o O co to O O t-�0U') r` n � co N N f9 X L to U H co Q 0 o w N O N N°> cu ai ai � f 76 (U a (U U Q (U 07 C O = of cli W H � < O T m � T m c o > •� o CT a � Q