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Resolution No. 5959 ~ ,.' l. 1 RESOLUTION NO. 5959 2 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE SOUTHERN CALIFORNIA GAS COMPANY WHICH GRANTS THE CITY A LIMITED LICENSE TO ACCESS AND USE THE SOFTWARE PROGRAMS KNOWN AS GAS SELECT 3 4 5 7 8 WHEREAS, the City of Vernon requires the ability to 9 process and interchange business information regarding natural 10 gas supplies; and 11 WHEREAS, the Southern California Gas Company has 12 implemented an electronic communication system known as Gas 13 Select to facilitate nominations by transportation customers 14 such as the city of Vernon; and 15 WHEREAS, the Southern California Gas Company has 16 prepared an Agreement which grants a limited license to access 17 and use the software programs known as Gas Select to the city of 18 Vernon, without cost to the city. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 20 THE CITY OF VERNON AS FOLLOWS: 21 SECTION 1: The city Council of the city of Vernon 22 hereby finds and determines that the recitals contained 23 hereinabove are true and correct. 24 SECTION 2: The City Council of the City of Vernon 25 hereby approves the Agreement, a copy of which has been 26 presented to the City Council concurrently with this resolution 27 and the City Council hereby orders said Agreement to be received 28 and filed by the city Clerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ... . , SECTION 3: The city council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 16th day of July, 1991. ~~~. -2- .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 < . .- . STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the city of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5959, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 16, 1991, and thereafter was duly signed by the Mayor of the City of Vernon. ~/~ BRUCE V. MALKENHORST, City Clerk (SEAL) -3- CITY COUNCIL 1 ~ OFFICERS LEONIS C. MALBURG, Mayor ~ I~' r` BRUCE V. MALKENHORST, THOMAS A. YBARRA, Mayor Pro-Tem City Administrator/City Clerk Wm. "BILL" DAVIS DAVID B. BREARLEY, H. "LARRY" GONZALES i City Attorney W. MICHAEL McCORMICK ` VICTOR H. VAITS, TELEPHONES Director of Community Services CITY CLERK ................583-8811 ' T KENNETH J. DEDARIO Director of Light & Power POLICE DEPT 587-5171 -FIRE DEPT... 583-4821 P ~ LARRY SPADT, BUILDING DEPT 583-881 I ~ Fire Chief PUBLIC WORKS DEPT........ 583-8811 HEALTH DEPT . .............583-8811 !'~TrT1T LT A T T LOUIS ROSENKRANTZ l~l l 1 1Z11LL Police Chief 4305 SANTA FE AVENUE,.VERNON,.CALIFORNIA 90058. In Reply Referto: July... l l , 1991 ~ City Council. i City of Vernon Honorable Members: It is hereby recommended that the "Gas Select Contract" with- the ' Southern California Gas Company be approved and executed. This will enable us to utilize the computer software in order to monitor gas .:.usage-and to allow for the trading of gas imbalances. Very truly yours, Bruce V. Malkenhorst City.: Clerk. BVM/hr i ~~P 1 ~ ,~1 SOUTHERN CALIFORNIA ~qS COMPANY 810 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA Mailing Address BOX 3249 TERMINAL ANNEX, LOS ANGELES, CALIFORNIA 90051 September 13, 1991 Dear GasSelect User: .Enclosed is your executed copy of the GasSelect Contract between the Southern California Gas Company and your company. If you have any questions regarding this agreement contact me at (213) 689-3330.. Yours truly, C~'~ Edward A. Vera Clearinghouse Administrator _ Enclosure QasBelect CQNTRACT This Contract`("Contract") is by and between the Southern California Gas Company ("SoCalGas") and .City of Vernon ~ a customer [customer/aggregator/agent/authorized marketer.] {the "Authorized .User"). SoCalGas has implemented an electronic communication. system known as GasSelect to facilitate transportation customers nominations and imbalance trading.. To implement this, SoCalGas has developed and/or otherwise .acquired a computer application program designed fio permit the processing and electronic interchange of business information regarding nominations of natural gas quantities to its utility system, accessing meter usage if electronic metering is available, .and obtaining general information on imbalances of gas suppliers and other similar information. SoCalGas shall :provide to Authorized.'User a copy of the software packages-..from which. Authorized User may .gain.. access to GasSelect solely for .its own use, subject to the - following .terms. and conditions: NOW THEREFORE, the parties agree as follows: 1.' Thin Contract shall be in effect from date of issue of Authorized User's ID number and shall continue thereafter on a month by month basis until terminated by either party on ten days prior written .notice. Form No. 6537 2. SoCalGas grants Authorized User access and use one (or more) copy of the Mark III Service-resident programs. and microcomputer based programs of the Bus ness Talk System owned by General .Electric Company.("GE") and licensed o SoCalGas. In addition, SoCalGas grants Authorized User a personal, non-exclusive, non-transferable limited license to access and use the software programs known as GasSelect. All software programs provided to Authorized User for GasSelect hereunder,. those proprietary to SoCalGas and/or GE are collectively known, herein after as the."Software Programs." The serial number of each copy, the. name, location and telephone number of the possession to the copy are attached hereto. as an integral part: of the contract as Exhibit A. Any. backup copies provided Authorized User of the Software Programs shall be identified as backup-copies and-used only if backup is required. No unauthorized copies may be made by Authorized User. - 3. SoCalGas shall provide User. Documentation to Authorized User.• .Authorized .User shall not copy, .reproduce or modify such Documentation. 4. Title in and to said Software_Programs and documentation is not hereby transferred to Authorized User. ..Authorized User. agrees that it shall not modify the Business Talk Microcomputer .Software, or other Software Programs provided herein in any ..manner, or reverse assemble or reverse compile, translate or convert that software, or any portion _2_ Farm No. 6537 ~ ~ thereof. to human readable form; or use, transfer, assign or otherwise distribute copies of the Software. Programs without the express written consent of G.E. and SoCalGas, or in any way infringe-the proprietary rights of G.E. and/or SoCalGas or in any way violate the laws, tariffs or regulations of any country. . 5. .Authorized User. agrees to promptly incorporate. any modifications to the User .Documentation and to replace any copies of the Software Programs with any modified or new version in the .manner requested by SoCalGas. 6. To"access the GasSelect'system, Authorized User must submit. the User Access form shown in Exhibit A. In order to access customer specific meter usage information, Authorized User must.submt a log-on ID form acceptable to • SoCalGas in the form set forth as Exhibit B. 7. Authorized User shall allow only authorized employees and agents access to and use of the Software Programs. In addition, Authorized User shall limit the use of its ID number .and password. to those persons specifically authorized by Authorized User. Authorized User will identify those persons to SoCalGas prior to their going on-line.. 8.~'In-the event an authorized employee. or agent of Authorized User is terminated or changed, it is Authorized User's responsibility to so notify SoCalGas and to obtain a new ID and password.. 9. Authorized User agrees that it shall not modify the Software Program in any manner.: or use, transfer, assign or otherwise distribute copies of the..Software Programs in a manner not expressly permitted by this Contract. Authorized. User agrees that it will obtain written agreement from each person authorized to use. the software that such person will comply with the"requirements herein. 10. Use of these-Software Programs is subject to legal,. regulatory and tariff restrictions, including copyright restrictions on the unauthorized copying or distribution of intellectual property. .Authorized User agrees that it will use the system in accordance with all applicable laws, regulations and tariffs. 11. The establishment, maintenance or termination of any commercial or legal relationships between Authorized - User and other parties ("Third Parties")-based in whole or in .part on information from GasSelect are the sole responsibility of Authorized Users and such Third Parties. 12. In no event shall this Contract be construed to mean that SoCalGas has made, sponsored or approved in any way .any=of the. arrangements made between the Third Parties and Authorized User. SoCalGas expressly disclaims any warranty, .representation or opinion, whether expressed. or implied, as to the `legal enforceability of any relationship which Authorized.- Usermay enter into associated in any way with information from GasSelect. -4- -Form No. 6537 13. SoCalGas does-not warrant that the Software Programs will meet Authorized User's requirements or that their operation will be uninterrupted or error-free. SOCALGAS PROVIDES NO SUCH. WARRANTIES WHETHER ORAL, WRITTEN, 'EXPRESS, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FORA PARTICULAR PURPOSE SHALL APPLY TO THE SOFTWARE PROGRAMS. 14. Authorized User assumes the responsibility to take adequate precautions .against damage or financial harm which could be caused. by such interruption or error. In no event will SoCalGas be liable to Authorized User. for any .damages, including lost profits, lost. safes,. lost savings or business loss. due to business interruption or lost data, or any .other incidental or consequential. damages arising out of the use of, or inability to use the software, even if SoCalGas has been advised of the possibility of such damages, or for any claim by any other party.. _ 15. SoCalGas may terminate the entire GasSelect program at any time,-but-will provide as much prior-notice of any such termination to Authorized User as reasonably possible. 16:. SoCalGas may terminate this. Contract with.. Authorized User effective immediately on notice in the event Authorized User's access and use of the GasSelect is not in accordance with the .terms and conditions-of this .Contract and the SoCalGas tariff rules and schedules. -5- Form.No. 6537 / 17. Authorized User shall indemnify, hold harmless and defend SoCalGas, its officers, agents and employees, against any and all loss ,damage, expense and/or liability arising out of or in any way connected with the performance or ..non-performance of GasSelect, however caused, except to the extent caused by the active negligence or willful misconduct of SoCalGas, its officers., agents and employees. 18. Upon. termination of this Contract, Authorized User shall return and/or destroy its copies of the Software Programs and all copies of the Authorized User Documentation delivered to Authorized User hereunder.: Authorized User shall notify SoCalGas in writing of the completion of .such _ destruction. 19. This .Contract is subject at all times to such .changes or modifications by the Ca ifornia Public Utilities Commission as it .may from time to time direct in the exercise of its jurisdiction. In witness whereof, he authorized representatives have executed two (2) copies of the Contract. ACCEPTED AND AGREED TO: AIITHORIZED IISER BOIITHERN CALIFO IA QAS COMPANY ~~4 Leonis C . Ma .burg t c°~> TIT Mayor TITLE : - ~ ~1 ~~'2Z DATE : Ju l ~ 2 9 , 19 91 E : l~ / ~ ~ ATTEST : APPROVED AS T FO ..,.,r~ e City .ACtorney . -6- - % GasSelect Contract . Exhibit A GasSelect. Access Request Form SOUTHERN CALIFOR-.NIA GAS COMPANY GasSelect AC£fSS' REQUEST FORM xx.>Pwh't' w~.tr>E (L lFCn1. rtnlg.) City of Vernon wDDt~ 4305 Santa Fe Avenue Vernon TATS P CODE California 90058 rnn~ (213) 583-8811, Ext. 260 ~xrnn.>~c (?_13) 583-1983 s wtm+aat~ e~.sn.o~ (~vu. w,r.>E> ~.~t,o ~rv. ~ 3B~uce `U:~ -Malkenhorst ~ ` ~ Ati.gu~st3~t59, 'L'99~1 . moseoRnat corrrRa. oooE ,c~xr mDE ern-ioR~D ?.ti,x~riR oooe ITE OF OOA~VTFR DL4: RFAUIWD ® ) 1R INQi DLSF: ~ S UI INC}-1 DL4: x i. GENERAL INFORMATION b ELECTRONIC MAIL 2. TRANSPORTATION NOMINATIONS 3. IMBALANCE TRADING 4. METER USAGE' * METER USAGE SERVICE REQUIRES A SEPARATE LOGON ID TO ACCESS SOCALGAS HOST. 1. CORE PROOUREMENT CUSTOMER 2. CORE TRANSPORT CUSTOMER 3. NON-CORE PROCUREMENT CUSTOMER 4. NON-CORE TRANSPORT CUSTOMER 5. CORE AGGREGATOR 6. AUTHORIZED MARKETER 7. AGENT` MARKETER FOR SOCALGAS MARKETING USE ONLY TE ,~ICr>Ea usncE t~z ~.oc',ot~ tD rrY wi~uoveD sr: ~ GLAD TO BE OF SERVICE FORM 6537 gas8elect Contract Eabibit B LOGONYD Request Form LOGONlD REQUEST: - FE:JUES~EF S NAME (FIFSI, MILE. LAST) ~[J NUMBEF UUt:'NAE'. EMS, D~'L~- Daniel E. Garcia 9 9 9 9 9 9 9 9 9 ?YES [~~No TITLE DIYI$IDN cxnpany Name Power Scheduler Light &'Power City of Vernon COMCAr:Y MF,IL ~OCATICx.~ TELEPHONE CLASS CODE NUMBEF (213) 583-8811, ext.214 $ $ $ $ $ TYPE OF SERVICE ADD LOGONID CHANGE LOGONID_ - DELETE LOGONID - EFFECTIVE DATE EXPIRATION DATE REASON:. ~ EMPLOYEE TERMINATION ~ EMPLOYEE TRANSFER ~ EMPLOYEE LEA`?E OF ABSENCE OTHER 'VM OR VM/PROPS FILES WILL BE DELETED AUTOMATICALLY WHEN LOGONID lS DELETED. ACCESS AUTHORITY ENTER ACTION IN BOX A=ADD D=DELETE C=CHANGE TSO ~ VM ~ PROFS ~ IDMSTEST ~ IDMSPROD DB2D ~ DB2Q ~ D82P ~ DB2 APPLICATION DIAL UP DIAL BACK TELEPHONE N°_ ( ) EXPIRATION DATE REASON FOR DIAL-UP REQUEST ® CICS REGION CICSP8 APPLICATION REGION APPLICATION REGION APPLICATION GENERAL INFORMATION REPORTING CODE $ TSO ACCOUNT NUMBER TSO SIZE TSO PROC OTHER REOUES R'S SIG ATURE~ ~ DATE 7-2-91 SUPERVISOR' NAh1E (PRINT) SUP VISOR'S SIG ATU, DATE Jorge C. Somoano ~ ----~-~r•~_ ~-----------7-2-91 DATA SECU USE ONLY LSA'S NAME (PRINT) LSA'S SIGNATURE DATE REQUEST IMPLEMENTED BY IMPLEMENTATION GATE REQUESTER LOGON DATE kSSIGNED KEPT CODE LOGONID (FOR ADD ONLY) p~N REQUESTER CLASS CODE $ $ COMMENTS Clearinghouse custaner Usage / Non-employee VM USER INFORMATION DATE RECEIVED STAMP ACCOUNTING CODE LOGON VIRTUAL STORAGE MEGABYTES MAXIMUM VIRTUAL STORAGE MEGABYTES A-191 DISK STORAGE - CYLINDERS DEPARTMENT DISK MDISK 191 3380 START: CYC -VOLUME ACCESS MODE SOUTHERN CALIFORNIA GAS COMPANY 6t6aA (B~RB) SOIITHERN r:T.TFORNU GAS COliPANY GasSelect ACCESS REQUEST FORK Please fill out the attached GasSelect ACCESS QUEST FORK to be granted access ~o SoCalGas' GasSelect Network. The following fields on this form need to be completed by you. 1. Company Name -Your company's legal business .name. 2. Office Address- Your company's business address. 3. City 4. State 5. ZiP Code - 6. Phone Number- Your company's business phone number.. 5. FAX Number -Your company's business !ax number. 6. Customer's luthorzed .Employee -The full name of the ~amployee authorized to access the GasSalect Network. 7. Authorized E'mployee's Signature 6. Date -The. date the lorm:is signed:. 9. Customer Code/Order Control Code - If you are a Gas:Company customer, your code for Waking gas nominations. (If this- information is unavailable leave blank.) . 10. Agent Code - If you are an agent, your Agent Code. (If this information is unavailable leave blank.) 11. Authorized Marketer Code - If you are an authorized starketer, your authorized aarketer code. (If this information. is .unavailable..leave blank.) 12. size of Computer Disk.Required -Designate the sire of your computer. disk drive. This.. information is necessary .for software distribution. -13: Indicate the 6ervice Selections - Select the service4 desired. 1. General Information-~ Electronic .Mail. 2. Transportation Nominations. - 3. Zmbalance.Trading. 4.-Meter Usage. 14. Deer Cla~sifithtion - ~'or our tracking information, please identify your user cl-ass. gxample: ABC Co~apany a Qas. Company customer is Non-Core Transport Customer, John. Doe's Gas Marketing Company is an 7?gent Karketer or an Authorised Marketer-i! ~,uthorised'Marketar Contract is signed with SoCalGas. BOIITHEFId C!?LIFORNZ!? G!?B COXPP?2dY LOC~ONTD gtEQIIEBT .FORM. IIdBTRIICTION .Please fill out the attached Logon ID request corm to gain access to SoCalGas' Meter IIsage System. The following fields on this form need to be completed by-you. 1. Requestor's Name -Enter your name (First Name, Middle Initial, -Last Name) 2. Job Title -Enter "Customer" or "Marketer." 3. Company -Enter your company's Legal Name. Example ABC Company, The John Doe Company . 4. Telephone -Enter your business :phone number with area code. 5. ltequestor Signature -Please sign the form. 6. Date -Enter .the date signed. ----NO 1'IIRTHER I~TFORK!?TION 36 jtEQIIIRED---- f JUL- 2-9 1 WED i ELV4101~t~~ r At WI'++~WLh•WL M1IRi, ML7p.L.M31/ 1L4WL1V GG.'h~:'LMI.LI•L Daniel E. Garcia g g g 9 g g g g g CJYES (~~NO JOF,ITLE anpariy ZmG ~~.~eHE~ Light'& Power City of Vernon G ~~e• MruL .Q.~tKAa TftlrNONt G.4L'. COOL NUwbl• o~bo~~- (213) 583-8$11 ext.214 ~ ~ ~ ~ $ TYPE OF SERVICE ~f.` ~ ~ ~~n I~ ~ Q CHANGE LOGONID,~. ,1 . ~ ~ (gq~ r~ DELE7ELOGOMD------ EFFECTIVE DA7E_ - - :EXPIRATION DATE REA50N; ~ EMPLOYEE TERMINATION ~ EMPLOYEE TRANSFER ~ EMPLOYEE LEAVE OF ABSENCE OTHER 'VM OR VMlPROFS FILES WILL BE DELETED AUTOMATICALLY WHEN ~OGONID IS DELETED. ACCESS AUTHORITY ENTER ACTION IN sOX A=ADD D=DELETE C=CHANGE Q TSO ~ VM ~ PROFS ~ IDMSTEST Q IDMSPR00 ' DB2D ~ D820 Q D62P ~ D82 APPLICATION pIAL UP DIAL BACK TELEPHONE N°. ~ ~ EXPIRATION DATE flEASON FOR D1AL•UP REQUEST CICS REGION CICSP$ APPLICATION r~, REGION APPUGATION REGION APPLICATION GENERAL INFORMATION REPOR7wo CooE ~ ~TSO ACCOUNT NUM6ER TSO -SIZE TSO PROC `:OTHER REOUE OR'S.SiGNAj,WRE ~ ~ DATE 7-2-g1 ~ ' SUPERVISOR'S NAME (RRIN7~ J pnp~~c ~uO~H~ SUPER OR'S SISiNA1U DA ~ ~ g 1 4 sl. DATA SECURI E ONL LSti'S NAME (PRINT) SA'S SIGNATURE DATE REQUEST IMPLEMENTED 8Y ~ IMPLEME TIpN TE 'flE0UE5TERi000N pAT@ ASSiGNEO REP1 CODE lOGONID FOR A D LYt IN REQUESTER CLASS CODE coMMcNTS C~1~'.~t'J-7'IQ}TAll.S'P Cur-,tcrner.~2Sr3q,Q ~ ~An-P~i ~QY-Q~Q-- - VM USER INFORMATION DATE RECEIVES) STR~ ~ ACCOUNTING CODE , LOGON vlaTUAt. STORAGE MEC3ASYTES - p~'~r/ jL9'9l y MAXIMUM VIRTUAL STORAGE MEGABYTES `5~~~~~ CCQ ru A• t 81 DISK STORAGE CYUNOERS ~ ' ~ ~~j (~,L'+J DEPARTMENT DISK ! • " L _ , MDtSK t8t 3380 ~ • ~ • , ` - START CYE VOIUME ACCESS MOpE - ~ SDUiMERN CALIFOIiNIkGAS CCA1PAr~Y-01W.A If~Bq SOtJTH~RN CALIFORNIA GAS. CQMPANY CasSelect ACCESS REQUEST FQi~M `y AN1' NnMC (CYx~ff~.E'TE 1.EC+n1. tl~.f.~) City of Vernon 4305 Santa Fe Avenue Vernon R'n76 P oOlx; ~aliforrlia 90058 4 nvr~r~ (213) 583-$811, ext. 214 ,,x xl>~t 213 583-1983 s ,+un,o~mEa ~u',.o~ fFU1. wU.~y arb t~ 'rows 'rE 17aniel E. Garcia J' 7-2-9I worc~..~ oorriRa, aoc~. cone Lm~ar~ r~ woe r ^~s1 bL51; N.6(X16tFD K S 1It iN~i DLS}; ~ S 111 SNC7i D15# 1. GENERAL INFORMA1lON ~ E>-ECTRONIC MA1L 2, ~'W~NSPORTATION NOMINATIONS 3, IMBALANCE TfiAPINQ METER USAGE' ~ METER UsAC3E SERVICE fiEQUIRES A SEPARATE LOOCN ID TO ACCESS SGCALOAS COST, 1. CORE PROCUREMENT CUSTOMER CORE TRANSPORT GUSTOMI:~i NON-COpE (sROOUREMENT CUSTOMER 4. i'JON-CORE TRKNSpC7R7 CU57t>MER 6. CORE AQaREQATQF? 6, AU'f~iC7Rl~EO MARKETER ' 7. ADENT MARK~'ER FOR SOCALQAS MARKETING t1SE QNLY comae ~ ,tsswn~:o us~.c~ us~x L,ot~orr tD Te rtY wer~ov~ eY: ~ GLAD TO C~ SERVICE FARM 5537 October 1, 1991 To; Jorge Somoano, Resource Planning Manager From: Gloria J. Orosco, Chief Deputy City Clerk Re : GAS SELECT CONTRACT ti-dlT~i SOCALGAS Dear Jorge: Please refer to the attached memo dated July 30, 1991 wherein I asked you to have SOCALGAS return a fully executed duplicate original of .the above referenced agreement to me. To date, I have not received anything. Please advise me of the status of this agreement. GJO/hr Attachment - July 30, 1991 T` Jorge Somoano, Resource. Planning Manager ~ From: Gloria J. Orosco,.Chief Deputy City Clerk 'I GAS SELECT CONTRACT ~~TITH SOUTHERN CALIFORNIA`GAS COMPANY 'I Re: _ ' Dear Jorge: ~ Transmitted herewith is an original and one duplicate original of the above referenced contract that have been executed by the City's representatives. Please mail the nenfulltSexecuOtedLcontractttolme. execution and 'ask them to return o y If you have any questions, do not hesitate to cont-act me. 1 GJ0/hr Attachments I