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March 29, 2013 <br /> Tony Gelphman <br /> Manager of Information Technology <br /> City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Re: Resolution of Under-Collection of Utility User Tax <br /> Settlement Agreement and Mutual Release <br /> Dear Mr. Gelphman: <br /> This, Settlement Agreement and Mutual Release ("Agreement"), when <br /> countersigned, will serve to memorialize the resolution between the City of Redwood City <br /> ("City") and Pacific Gas and Electric Company, a California corporation ("PG&E") relating to <br /> the under-collection of the City's Utility User's Tax. <br /> By way of background, the City's Utility User Tax Ordinance establishes a Utility User's <br /> Taxes, including an electricity user's tax and a gas user's tax (collectively, the "UUT"). PG&E, <br /> as a service supplier, is reguired to collect and remit the UUT to the City from PG&E service <br /> users using electricity and gas in the City. <br /> PG&E implemented the use of a geographical information system ("GIS") which enabled <br /> enhanced precision when processing annexations, the reassignment of accounts into City limits <br /> ("Reassignments"), and setting up new utilities accounts. <br /> The City was provided the opportunity to validate proposed Reassignments through a <br /> review of GIS, effective as of December 31, 2009. After obtaining the City's concurrence to <br /> such Reassignments, PG&E updated its billing system in November, 2011, reassigning service <br /> user accounts into City limits that had been erroneously excluded therefrom. <br /> The Parties wish to memorialize the understanding and agreement relating to PG&E's <br /> erroneous failure to collect and remit UUT from service users within City limits listed on <br /> Attachment "A" for the time period ending November 30, 2011. (The foregoing issue shall be <br /> referred to in this Agreement as the"Matter"). <br /> The City and PG&E desire to finally resolve all claims arising out of the Matter without <br /> any admission of liability and to avoid the expense of further transaction costs and litigation. <br /> Therefore,the City and PG&E agree as follows: <br /> 1. In full and complete settlement of the Matter, the City agrees to accept PG&E's <br /> payment of$76,016, which $48,285 was paid to the City on or about September 15, 2011, and <br /> the remaining amount ($27,731) to be paid once the agreement is reached. The City <br /> ATTY/AGR/2013.035/UUT SETTLEMENT AGREEMENT&MUTUAL RELEASE <br /> REV:03-21-13 MLG <br /> Page i of 8 <br />