Attachment N, Florida Gas Transmission, Firm Transportation Service (FTS-2) Agreement No. 5626.pdf

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Attached to
Natural Gas Supply ITB V2
Solicitation number
ITB-14666
Issued by
Florida

About this file

This is a Firm Transportation Service (FTS-2) Agreement between Florida Gas Transmission Company, LLC (Transporter) and the State of Florida, Department of Management Services (Shipper), establishing natural gas transportation services under Contract No. 5626. The agreement outlines the transportation of natural gas at specified receipt and delivery points, with the Maximum Daily Transportation Quantity (MDTQ) established on a seasonal basis as detailed in Exhibit B. The Shipper may tender natural gas for transportation up to the MDTQ plus the Transporter's fuel costs where applicable, with the Transporter agreeing to receive and transport aggregate quantities at designated Receipt Points (Exhibit A) and deliver at specified Delivery Points (Exhibit B). The service agreement was originally executed on May 11, 2014, and has undergone amendments, with Amendment No. 3 dated February 28, 2024, reflecting ongoing adjustments to the contract terms.

The agreement establishes that the State of Florida shall pay the Transporter for all services rendered at rates established within the contract framework, with those rates subject to Federal Energy Regulatory Commission (FERC) oversight and adjustments. The contract incorporates by reference the Transporter's Rate Schedule FTS-1 (as amended from the historic FTS-2 schedule) as filed with FERC, which is subject to modification in accordance with Section 5.2 and any final FERC orders. The Transporter retains the right to suspend or terminate the agreement in the event of non-payment by the Shipper, pursuant to Section 15 of the General Terms and Conditions of the FERC Gas Tariff. This transportation agreement supports the State's natural gas supply procurement, which anticipates an annual spend of $736,234.85 and requires a minimum daily capacity of 2,100 MMBtu for baseload, swing, and in-day gas delivery.

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DocuSign Envelope ID: 4BCE04AB-D943-42CC-9A43-33C2D5D75382

SERVICE AGREEMENT

Firm Transportation Service - Market Area

Rate Schedule FTS·l (Historic Rate Schedule FTS-2 Service Agreement)

Contract No. 5626

FOR INTERNAL USE ONLY

Contract No. 5626 Amendment No. 3

BAid. 5979 DUNS No. 806734992

THIS AGREEMENT entered into this 28th February 2024 dav of ________ _, ___ _, by and between Florida Gas Transmission Company, LLC, a limited liabilitv company of the State of Delaware (herein called "Transporter"), and State of Florida, Department of Management Services (herein called "Shipper''), WI T N E S S E T H

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, Transporter and Shipper do covenant and agree as follows:

ARTICLE I

Definitions

In addition to the definitions incorporated herein through Transporter's Rate Schedule FTS-1, the following terms when used herein shall have the meanings set forth below:

1.1 The term "Rate Schedule FTS-1" shall mean Transporter's Rate Schedule FTS-1 as filed with the FERC as changed and adjusted from time to time by Transporter in accordance with Section 5.2 hereof or In compliance with any final FERC order affecting such rate schedule.

1.2 The term "FERC" shall mean the Federal Energy Regulatory Commission or any successor regulatory agency or body, including the Congress, which has authority to regulate the rates and services ofTransporter.

ARTICLE II

Quantity

2.1 The Maximum Daily Transportation Quantity ("MDTQ") shall be set forth on a seasonal basis, and by Division if applicable, on Exhibit B attached hereto as the same may be amended from time to time. The applicable

MDTQ shall be the largest daily quantity of gas expressed in MM Btu, that Transporter Is obligated to transport and make available for delivery to Shipper under this Service Agreement on any one day.

2.2 During the term of this Agreement, Shipper may tender natural gas for transportation to Transporter on any day, up to the MDTQ plus Transporter's fuel, If applicable. Transporter agrees to receive the aggregate of the quantities of natural gas that Shipper tenders for transportation at the Receipt Points, up to the maximum dally quantity ("MDQ") specified for each receipt point as set out on Exhibit A, plus Transporter's fuel, If applicable, and to transport and make available for delivery to Shipper at each Delivery Point specified on Exhibit B, up to the amount scheduled by

Attachment N

Orginal Service Agreement

(Page 1 of 7) I

SERVICE AGREEMENT

Firm Transportation Service - Market Area

Rate Schedule FTS-2

Contract No. 5626

FOR INTERNAL USE ONLY

Request No. 164305

Contract No. 5626 ega n I y o.

DUNS No. 809396955

THIS AGREEMENT entered into this /i./ day of /l)AY , 2014, by and between Florida Gas Transmission Company, LLC, a limited liability co1npan) of the State of Delaw.afC (herein ealled "Trnnspafter"), and S+ATE OF FLORIDA, r;>EPARTMENT OF UANAGEMENT SERVICES (herein called "Shipper"), WITNESS ETH

NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, Transporter and Shipper do covenant and agree as follows:

ARTICLE I

Definitions

In addition to the definitions incorporated herein through Transporter's Rate Schedule FTS-2, the following terms when used herein shall have the meanings set forth below:

1.1 The term "Rate Schedule FTS-2" shall mean Transporter's Rate Schedule FTS-2 as filed with the FERG and as may be changed and adjusted from time to time by Transporter in accordance with Section 4.2 hereof or in compliance with any final FERG order affecting such ra

1.2 The term "FERC" shall mean the Federal Energy Regulatory Commission or any successor regulatory agency or body, including the Congress, which has authority to regulate the rates and services of Transporter.

1.3 The term "Facilities" shall mean any facilities necessary to render service under this Agreement.

1.4 The term "In-Service Date" shall mean the date the Facilities, as defined in 1.3, shall go into service.

ARTICLE II

Quantity

2.1 The Maximum Daily Transportation Quantity ("MDTQ") is set forth on a seasonal basis, and by Division if applicable, on Exhibit B attached hereto as the same may be amended from time to time. The applicable MDTQ shall be the largest daily quantity of gas expressed in MMBtu, that Transporter is obligated to transport and make available for delivery to Shipper under this Service Agreement on any one day.

2.2 During the term oi this Agreerflent, Sili!Jper may te;ider nat;.iral gas for transportation to Transporter on any day, up to the MO!Q plus Transporter's fuel, if applicable. Transporter agrees to receive the aggregate of the quantities of natural gas that Shipper tenders for transportation at the Receipt Points, up to the maximum daily quantity ("MOQ") specified for each receipt point as set out on Exhibit A, plus Transporter's fuel, if applicable, and to transport and make available for delivery to Shipper at each Delivery Point specified on Exhibit B, up to the a111otmt sclledt1led by T1ansporter less Transporter's fuel, if applieahle (as pro,ided in Rate Sehedule FTS 2), prowided ho .. e,er, that Transporter shall not be required to accept for transportation and make available for delivery more than the MDTQ on any day.

ARTICLE Ill

Payment and Rights in the Event of Non-Payment

3.1 Upon the commencement of service hereunder, Shipper shall pay Transporter, for all service rendered hereunder, the rates established In Article IV herein.

3.2 Termination for Non-Payment. In the event Shipper fails to pay for the service provided under this Agreement, pursuant to the condition set forth in Section 15 of the General Terms and Conditions of Transporter's FERC Gas Tariff, Transporter shall have the right to suspend or terminate this Agreement pursuant to the condition set forth in said Section 15.

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