Resolution No. 6908
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RESOLUTION NO. 6908
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A DJT HUB SERVICE AGREEMENT AND DJT HUB
SERVICE MEMBER AGREEMENT USER INFORMATION
ADDENDUM BY AND BETWEEN THE CITY OF VERNON AND
DOW JONES TELERATE, INC. TO PROVIDE BULLETIN
BOARD SERVICE TO THE CITY OF VERNON AS A WSPP
MEMBER
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WHEREAS, the City of Vernon is a member of the Western
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Systems Power Pool (ttwsPptt); and
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WHEREAS, WSPP and Dow Jones Telerate, Inc. (ttDJTtt) have
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entered into a separate contract, effective September 16, 1996, in
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which WSPP has agreed to certain payment and other obligations on
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behalf of members over a two-year period; however, each member
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needs to execute a limited agreement with DJT before accessing the
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Hub; and
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WHEREAS, DJT will be operating the WSPP's Hub Service,
which is a Web-based electronic bulletin board service, replacing
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the Arizona Public Service bulletin board because of problems; and
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WHEREAS, Vernon will have access to the Hub at no charge
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for one account as long as WSPP pays the monthly fee for the
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service; and
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WHEREAS, Kenneth J. DeDario, the Director of Light &
Power has recommended that Vernon subscribe to the new Web-based
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electronic Bulletin Board service provided by DJT.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon does
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hereby find and determine that the recitals contained hereinabove
1 are true and correct.
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SECTION 2: The City Council of the City of Vernon hereby
3 approves the DJT Hub Service Agreement and DJT Hub Service Member
4 Agreement User Information Addendum, copies of which have been
5 presented to the City Council concurrently with this resolution,
6 and the City Council hereby orders said Agreement and Addendum to
7 be received and filed by the City Clerk.
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SECTION 3: The City Council of the City of Vernon hereby
9 authorizes the Mayor and the City Clerk to execute said Agreement
10 and Addendum for, and on behalf of, the City of Vernon.
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SECTION 4: The City Council of the City of Vernon hereby
12 directs the City Clerk to return two executed Agreements and one
13 Addendum to Dow Jones Telerate, Inc., Harborside Financial Center,
14 600 Plaza Two, Jersey City, NJ 07311-3992, attention: Stuart
15 Rubenfeld.
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SECTION 5: The City Clerk of the City of Vernon shall
17 certify to the passage of this resolution and thereupon and
18 thereafter the same shall be in full force and effect.
19 APPROVED AND ADOPTED this 21st day of January, 1997.
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ATTEST: // . _ ~~
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23 BRUCE V. MALKENHORST, city Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6908, was duly adopted by the City Council of the
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City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, Januarv 21. 1997, and thereafter was duly signed by
the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, city Clerk
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~S() 6 it? V
DowJone~
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Dow Jones Telerate, Inc.
Harborside Financial Center
600 Plaza Two
Jersey City, NJ 07311-3992
Telephone 201-938-4000.
Facsimile 201-938-2488
Dear Subscriber:
Enclosed you will find your Dow Jones Telerate Service Agreement for your files.
I would like to thank you for your continuing subscription(s) with Dow Jones Telerate Inc. As a
. premium supplier of real-time financial information, we will continue in 1997 to try to meet the needs
of you, our customer, with new products and services.
One example of this initiative is the expansion of our customer service hours so that we can assist you
when you need help. Call us at (800) 535-5435 during these new hours:
Sunday 5:00 P.M. EST to Friday 12 Midnight EST
Weare dedicated to providing you with paramount service. Weare always glad to hear from our
customers about improvements that we can make in our service. Please call us at (800) 334-3813 if
you have any questions or concerns.
We are grateful for the confidence you have placed in Dow Jones Telerate to provide you with
important financial information. You will be pleased with the quality and reliability of service that you
receIve.
Very truly yours,
DOW JONES TELERA TE, INe.
O~~s~
. Robbin Anderson
Manager, Contract Administration
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:2'P6~1
DJT HUB SERVICE AGREEMENT
This is a MEMBER AGREEMENT between Dow Jones Telerate, Inc. ("DJT") and the company
or entity listed below ("Member"), which hereby n:pre$ents that it is a member of the Western System
Power Pool, Inc. ("WS?P").
DJT and WSPP have entered into a separate contract in which DJT has agreed to provide the DJT
Hub Service (as defined below) to certain WSPP Members who execute this Member I\greement, and in
whichWSPP has agreed to make certain payments and perfonn certain other obligations for those
Members (the "DJT Hub Service Master Agret'ment"). Howe"c;, in order to use the DJT.Hub Servic~, a
Memher must agree to certain tenns, set forth in this Member Agreement. The~efore, for good and
valuable consideration, the receipt and sufficiency oiwhich are hereby acknowledged, DJT and Member
hereby agree as follows:
]. Dt"finition~. "DJT Hub Service" shaH mean. collectively. the elecrronic bulletin board s)'ster.1
with the features and containing the functionaliry set forth on Exhibit A, and the services to be provided by
DJT as set forth in Exhibit A, as it may be amended from time to time by agreement between WS?? and
mT. "User" sha!! m::an an individual er.lployed by, or authoriz.::d to act for, the Member while using the
DJT Hub Service and for whom the Member takes iegal responsibility in connection with the DJT Hub
Service. "TelT:lina] Son"..are" means the compute:- programs provided by DJT that a Member ins~:.lls on
each personal cOinpt.:ter tha~ will access the eiectronic bulietin board (each PC is called a "Terminal").
'"' t~f:~ ?er.~~ic!;nT'!~ The Member and its Users shall not modify, CO?)", reverse engineer, deconlpiie~
translate, disaEser:1ble. distri:,ute or transmit any p::l:1ion of the Terminal Sofnvare, provided, however, that
each Memb:; T:'1ay mni:e a reasonable numbe: of copies of Term mal Softwar~ fo;" backup purposes only.
The Member shall not use a::y ponion of the DJT Hub Service on behalf of a third parry who has not
licensee the DJT Hub Servi:e from DJT. The Member ad its Users shall use the DJT :iub Se;vice only
fe: purposes of viewing, posting, and deleting, fo; a Me:n.;)e;-'s own accoun:. (1) proposed trades of
eie::ricitv: and (2) oropos::c trades of e:ecrricitv.transmission se,vices. The Member and its Users shall no!
use the DJT nub S~r\'i'ce in vioiation of law, in'ciding, without limitation: (i) for the purpose of miing
any insnument, commodity, or security that is req~ired to be traded exclusively 0:: a regis:erer!
commodities exchange or registered securities exchange; or (ii) ir. violation of any appiicable federal, s~~!e
or local law, rule or regulation. DJT assumes no obliga:ions or liabilities associated with or arising 01.:t of
the manner in which Membf":s a."lC Users use th[ :)TT Hub Se~.ice. incJ:.:db; by way of iIlu sr:-ati on and not
limitation. Members' and Users' obiigations to ensure that th::ir activities comply .,vith all applicable laWS,
ruies and regulations, and all contracts ,ertaining to trading in commodities, securities, or other contTC!c::laJ
instruments.
... Installation. (a) DJT will deliver one copy of the Te~inal SoftVt'8re, one printed t:. :r's guide,
<l:1d installation instructions to the Member af.er :xecution of this Member Agreement. The :.1ember shall
have principal responsibility for installing 6e Tenninal Software on a personal computer configured in
accordance with Exhibit B. No Member sha;l install a single copy ofth~. Tenninai Software on more than
one Te::minal. Any number of Users working for a single Member may u~e the same Tenninal at different
times. For exa."llple, three Users, each of whom works a different !i-hour shift, may use the same Terminal.
(b) Each Mem:,er shall be responsibl: fo: ir.st::!ii:-.g the equipment and s:lfrv.:are set fonh on
Exhibit B. all cabling and ~eleco:nmunications lines, aT,Q obtaining access to the lmernet thro:Jgn an
li'lte;";1et access provider or other third parry. ShClU;d :.':e DjT Hub Se:"vice become accessed via the lntemet.
Each Member shall :,e respo:lsible for esublis;,ing, r.;aintainin;, and paying for ail telecommunicatiollS
circuits a."ld lines and, if appticabie. l:nemet access. :0 access the DJ: :-1;;b Service server, currently lccated
in Jersey Ci:y. pjew Jersey. DJT will g:ve Membe: at leas: thb"ty (::0) days advance notice before changing
.he locatiO:1 of the DJT Hub Service ~erver to::; ]oca:ion other tr.ar. ;:)JT's Jersey City, ~cw Jersey facility.
DJT shall not relc:at: the DJT H"Jb Service server computer outside the con~.ine..tal L'nltec Sta:es. DJT
will ::ot charge Me:r.oer any additIonal fee snouid DJTei::::: to relo::ate the 'DJT MW:- Service se:-\'er
computer.
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4. Support, DIT will provide the Member wit!: the maintenance and support services set forth on
Exhibit C.
s. ftn. WS?P has agreed to pay DJT for a Member who signs this Member Agreement to receive
one copy of the Tenninal Software, for use on one Temlinal. Should Member desire to install Tenninal
Software on more than one Tenninal, or have Users access and use the DJT Hub Service from more than
one Tenninal, the Member shall be responsible jor paying DJT 5200 per month per additional Tenninal.
Should a Member not be one of the original Base Number of Members (as defined in the agreement
betv.'ecn WS?P and OJD, be unable to successfully install the Terminal Sofm'are, and if DJT is unable to
'assist Member 'via'telephone or remoHi' 5uppon, DJT wiJImake a single site ,'isit t.o.a single location fo'r
that Member to install such Terminal Software, provided such Member pays DJ7 an additional fee of
S I ,000 as payment for the installation service, travel, and all other related DJT expenses.
6, Discl3imer of Warranties and Liabilirv,
(a) DJT represents and warrants to Member that the DJT Hub Se:vice will operate in all material
respects in accordance with the des::ription of features and functions set for:h in the then-current DJT Hub
Service user documentation delivered to each Member, when used whh properly functioning equipment
ar,c' third parry communications facilities. If Member reports an alleged Program Error (as defined or.
Ex' ibit C), DJT shall peiform those ma~'1Lenance and support obligations set for:h on Exhibit C, as
Member's sole and exclusive remedy for any alleged breach oftne foregoing representation and warranty,
In ~he f'vent,DJT is unable to cause the DJT Hub Servi::e to operate in al! material respects in accordance
with the description of features and functions set forth in the then-current DJT Hub Service user
docu~entation, due to a Program Error, within a reasonable perioc of time and after using commercially
reaser-able efforts to do so, Member's sole and exclusive remedy shal1 be to cease all :.:se oft!:e DJT Hub
Service and tenninate this 1\'1ember Agreement.
(b) OTHER THAN AS SET FORTH IN SECTION 6(A). DJT DOES NOT MAKE A~Y
W.~.?..RANTY, EXPRESS OR IMPLIED, V,'lTH REGARD TO THE DJT HUB SERVICE, TERi'vfINAL
SOi="T\V ARE, AND SERVICES PROVlD::::D PURSUA1'T TO THIS AGREEMENT, AND HEREBY
EXPRESSLY EXCLUDES AKY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. DjTEXPRESSLY DISCLAIMS ANY WAR.~,ANTY THAT THE DJT HUB
SERVICE, TERMINAL SOFTWARE AND SERVICES PROVIDED PURSUANT TO THIS
AGREE1\1ENT \VILL OPER.t..TE ERROR-F?2E. V,lTHOUT INTERRU?7ION, OR WILL 3E
COMPA TIBLE WITH ANY SOFTWARE OR HARDV/ARE OTHER THAN TEAT SET FORTH O~
EXHIBIT B, OR W1LL REStJL T 11\ AKY ECONOMIC ADV ANT AGE, INCREASE IN PROFITS OR
REDUCTION IN COSTS.
(c) OJT SHALL NOT BE LIABLE, UNDER BREACH OF CONTRACT, NEGLIGENCE,
TORT OR OTHER LEGAL THEORY, FOR ANY DECISION MADE OR ACTION TAKEN,
CONTRACTS MADE, OR TA]\;GlBLEOR INTANGiBLE BOUGHT OR SOLD, BY A MEMBER OR A
USER, IN RELIANCE UPON ANY DATA, INFOR.J\1A TION, ANALYSIS OR RESULTS GENERA TED
BY USE OF THE DJT HUB SERVICE, TERMINAL SOFTWARE OR SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT. DIT SHALL NOT BE LIABLE TO A MEMBER OR A USER
FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING WITIiOUT LIMITA TION,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
DAlV.AGES FOR LOST PROFITS OR BENEFITS, EVEN IF ADVISED OF T:..:rE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL THE CUMULA TrVE LIABILITY TO WS?P, ITS
MEMBERS AND USERS, COLi..ECTIVEL Y, EXCEED TP'....E ACTIJAL AMOUNTS DJT HAS
RECEIVED PURSUANT TO THIS AGREEMENT FROM WS?P, ITS MEMBERS AND USERS,
COLLECTlVEL Y.
7, Miscellaneous. (a) Either party shall have the right to terminate :his Agre::ment, upon deHve;-ing
wrinen notice to the other party hereto, ifth~:-e is a ~reach o:"tilis Agreement that :-::i1iains u'1::.lred for 10
days after such other parry first received notice of such breach from tile terminating parry.
flag: 2.
(b) This Member Agreement shnll begin on the date executed by DJT and Member, and shall
continue until the earliest of the following evcnts occur s: (1) expiration or tcnnination of thc DJT Hut>
Service Master Agreement; or (2) tennination pursuanlto Section 7(a) of this Member Agreement. Within
10 business days after tennination of this Agreement for any reason, Member and its Users shall cease all
use of the DJT Hub Service and return all copies of the Terminal Software to DJT.
(c) The following Sections of this Member Agreement shall survive its termination for any
reason: 6 and 7.
(d) NeithCir bJT nor Member shall assign any right.or delegate any duty under this Agreemen.
v;ithout the prior wrinen consent of the other, which consent shall not be unreasonably withheld; provided,
however, that DJT may assign this Agreement or any right or delegate any dut)' to an affiliate of DJT.
without the prior wrinen consent of Member. provided such affiliate assumes all of DJT s obligations
pursuant to this Agreement and is qualified to p~rform such obligations. Any assignment or delegatior.
attempted without such required wrine:1 consent shall be void. This Agreement shall be binding upon and
inure to the benefit of all perm ined successors and assigns.
(e) Force Maieure }.;either DJT nor Member shall be responsible for delays or failures in
perfonnance, other than the obligation to pay money, resulting from acts or circumstances beyond the
control ofsueh entity. Such a:t5 or cjrcL;;nStance~ shall inciude, but not be limited to. acts of God, strikes
or other labor disputes, riots, acts of war. governmental regulations imposed after the fact. communication
lin: failures, power faiiures, fires or other disasters.
(t) (iovenin~ Law This Agreement and its duties and obiiga:ions shall be governed by and
ccnstrued and enforced in aecorcance with P-:ew Jersey iaw. without regard 10 its conflicts 0; law
pr:ncipies.
(g) Entire A~reement. The Exhibits shall be deemed a ;Jar! arthis Agreement, as ifset forth in
full in the body hereof. This Agree:nent contains the final and en::re agreement of the pa:-:ies with resFect
to the subject mat1er hereof, and supersedes all prior and coraempora:1eous offers, leners, leners of inte:lt,
proposals, negotiations. understandings and aireements on the subject rr:aner hereof. There are no
promises, covenants or ~ndenakings ofIne parries wiih respect to such subject maner. otner than those
expressly set fonh in this Agreement. In the event that there is a conflict betv..een an exhibit and the main
body of this .A.greemen!, th~ :n-ain :cdy of this .:..gr:em:nr shall conn-at This .A.greemenr may n::; be
modified except by a writing signed by authorized representatives ofDJT and Member.
DOW JONES TELERA TE, INC.
CITY OF VERNON
[type full legal name of Member]
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i....nedBY:Leo~a.lbu:tg
Title: Mayor
Date Signed:
Address for Notices:
Dow Jones Te!erate, Inc.
Harborside Financial Center
600 Plaza Two
Jerse)' Ci~', New Jersey 0i31]
Anention: "(~ ~
Address fcr};"tices: 4305 Santa Fe Avenue
Vernon, CA 90058
ATTEST: /? . / ~r-..
Bruce V. Malkenhorst
City Clerk
APPROVED AS TO FORM
\,)~d~~{~4
David B. Brear ey
City Attorney
p;ig: ~
Exhibit A to Member Agreement
Features and Functionality of the DJT Hub Service
The DJT Hub Service will penn it Users to dial-in to an electronic bulletin board, using the equipment set
forth on Exhibit B. and computer programs provided by DJT that are installed on each personal computer
thaJ~'iILaccess th_e._electronic_bulletin board (the "TerminaJ Software").
System Funetionality Overview
The DJT Hub Service will consist of PC client software, client to server communications dial-in equipment
and sofrv,'are and the host server and related equipment. New release!- of the Terminal Software may
contain different or enhanced ieatures and functions. The following list of Term inal Software feature; :l:Jd
functions is based on a description oTthe current release of the full function trading system, Dow Jon{'s
Telerate PowerH~bTM. Version 4.3 ("DJT PowerHub").
By dialing into the central site server, DJT Hub Service Users will be able to:
· Post and delete their bids to buy and offers to sell e:1ergy and transmission capacity.
· Vicw and print real-time market summaries of the energy bids and offers posted by
\VSPP Members. Market summary postings may be from users of either the dial-in DJT Huh
Service or the full function DJT PowerHub trading system.
Note that the mmsmission capabilities of the DH Hub Service are not intended to replace the capabilities
thr.t transmission providers will be offering via 'Y.'eb-based Open Access Same-time lnfonnation Systems
(OASIS).
Ir. this exhibit. the term "deals" refers to the bids to buy or offers to sell energy or transmission that are
posted on the respective market summar)' screens.
Functional Description
The following functions will be available without any differences, other than a lower speed of connection.
to both Dial-In DJT Hub Service Users and DJT PowerHub licensees:
· Interaction with menus and selection of data fields are based on mouse point-and-c1ick or the use of
the keyboard.
· Real Time Market Summ.aries: When refreshed by the User, themarket.summaries will show any new.
postings that have been made since the last refresh and remove any postings that have been deleted by
the origi~1ating trader. A posted deal may also disappear from the summary if it has been
consummated by DJT PowerHub users. Likewise, the message summary will show the current
messages when refreshed.
· On-line Help screens.
· Auto Purginb: Tne system will purge all the expired deals hourly at 5 minutes after each hour
automatically. A deal is considered to be expired when its l::!est stop hour 0:1 the stop date has passed.
· :=ilters: The deals that appear in the energy and transmission summaries window are dependenrupon
the filter selection criteria whieh include: trader name, service type (ftrm, economy), imention (buy,
sell), counter parry, price, start date, delivery point or groups of delivery points.
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Load Shaping: The system allows the trader or user to input prices and amounts for en~rgy or
transmission deal~ on a 24 hour basis.
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Some of the key differences in the functional capabilities of a Dial-In DJT Hub Service User
versus a DJT PowcrHub User arc liS follows:
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The Di:1J.ln DJT Hub Service User will not be able 10 negotiate or consummate deals with any
other trader on the system.
The DJT PowerHub User will only be able 10 negotiate or consummate deals with other DJT
PowerHub Users.
Negotiation screens will be accessible only by DJT PowerHub Users. (The' negotiation
screens will allow a trader and the originating poster to n::'gotiate on.line the termS of
the poster's deal and come to terms thai could diner from those originally posted.)
The confidclItial files (Deal tickets) for consummated deals and the upcom:ng export
feature to Energy Management Systems will not be available to Dial-In DJTHub Service
Users.
The Dial-In DJT Hub Service User will not be able to respond to any PowerChat message,
rcga~dless of its source. The DJT PowerHut User will be able to respond only to PowerChat
messages from other DJT PowerHvb Users.
2)
3)
4)
5)
User Interface Screens
Tne following is Co :,rief description of the User Interface Screen, with functional differences pointed out.
when applic;::bie. oe:ween Dial-;n DJT Hub Se;\'ice Users and D1I PowerHub Users. Controls that an: :~ot
accessibie to a user due to the type oruser (Dial-In or FuH Se~\"ice) or the type of action being taken b>' the
user (as in View \"s. Negotiate) v..'iil be grayed out and made inactive. The system will have authorizat:ons
on a cser ID basis.
· Login Scr~en ... Provides secure ac::!s to the sys!em by" requi:'"!:1g users tel en!er unique
trader/user names and passwords.
· v..-no's Login In. Revea:s what other tracers are currently logged intc ~ne sys,em,
including their full company's name.
· Trader Optio:";s
1) Trader Type: Selection of traderrype (Real-Time or Pre-
Scheduler) which affects the default ent;-ies on the posting screens. ;:;or
example, the Please PC.'~: screen will show tOt current day for Real- Time traders
and the next day for Pre-Scheduier traders.
2) Trader Password: The tTi:.der has the ability to change his or her password
at an); given time.
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Trading Groups: Users may select a specific user or groups of users to directly send message:>,
energy bids/offers or transmission bids/offers to or to use in the energy s'Jmmary filter. A dialog
box shows the avaiiable groups of traders as defined by the system administrator.
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Energy Summary and Detail Screens. hovides a one line description about ene:gy bids an::
offers. User selected r'ilte:-s allows. control over which deals are displayed. Coior coding
distinguishes Buy versus Sell deals ane ......'hether 2 deal has beer viewed. Asterisks indicate deals
posted by t~e logged in trader.
A detaiied view of any posted deal is accessibie from the energy summary screen b; doubie
clicking on an entry or by selecting and entry and ::ii:king on the View button.
· The defining parameters of an energy deal will include:
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1) energy type (finn or economy),
2) recall hours, applicable only to firm transactions,
3) hourly amount (MW),
4) hourly prices (S/MW),
5) duration and time zone,
6) selected delivery points, and
7) group of users who will be potential counterparties (optional). If a group is not
specified when an energy deal is posted, then all users of the electronic bulletin board
-will be able to view the posting on their respective summary screens.
....._......H... ~... ..-...... . '. ...._.......... _ ....... 'N, ....._.._........ ...._._ .......... ". ._eo _... "'..'_'___"""
.
The user will be able to print the contents of a summary or detail screen.
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Transmission Summary and De:aiJ Screens:
Provides a one line description of available transmission bids and offers. User selected
filters allow control over which deals are displayed. Color coding distinguishes Buy versus Sell
deals and whether a deal has been viewed. Asterisks indicate the deals which have been posted by
the logged in trader.
A det3i1ed view of any posted deal is accessible from the summary screen by double
clicking on an entry or by selecting an entry and clicking on the View button.
The defming parameters of a transmission de::1 will include:
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transmission capacityiservice type (firm or economy),
recall hours, applicable only to firm transactions,
hourly amount (MWh),
hourly prices (SIMWh),
duration and time zone,
selected from-to delivery points,
losses (%),
contact name and phone number, and
group of users who will be potential counrerparties (optional). Ifa group is not
specified when a deal is posted, then all Users will be able to view the posting on
their respective transmission summary screens.
...
.
...
.
*
*
...
The user will be able to print the contents of a transmission summar)' or detail screen.
· DJT will also provide the following sen'ices as part of the DJT Hub Sen'ice:
1. Provide the necessary server computer and related software and equipment at DJTs
Jersey City, New Jersey facility (or such other location selected by DJT pursuant to
Section 3 of this agreement), to establish and enable the operation of the DJT Hub Service.
2. Provide Maintenance and Support (as defined in this Agre=ment) for Terminal Software.
3, Archive data on'backup tapes at least once every 24 hours, Monday through Frida)' (except DJT
holidays),
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EXHIBIT B
User Equipment
Each Member Jesiring to access the DJT Hub Service must supply, at that Member's own expense, the
following minimum personal computer equipment and configuration:
486DX processor
16 MB RAM
500 MB hard disk
CD ROMdrive..quad'spee(J'.
SVGA monitor, 1024 x 768 resolution
SVGA color graphics card
2-bunon mouse
Printer
Standard keyboard
28.8 KB modem
DOS 6.2
Netscape Navigator Software (current release) or similar Web browser
Microsoft Windows for Workgroups 3.1]., \Vindows 95 or Windows NTVer. 3.5.1.
. DJT shall provide WSPP with at least thirty (30) days advance ""rinen notice prior to changing or adding to
the minimum equipment and configuration set fonh above. Each Member shall obtain, at the Member's
own expense, any changed or additional equipment necessary to a:cess and use the DJT Hub Service.
If requested by a Member. DiT may elect to sell or lease any or all of the computer equipment set forth
above, at an additional fee to be paid directly by the Member.
.will support the initial release of the DJT Hub Service. Depending on when 32-bit to 16-bit transla,ionis
available for browsers running with Windows for 'Workgroups, subsequent release of the DJT Hub Service
may require either Windows 95 or Windows NT Ver. 3.5.1.
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EXHIBIT C
Maintenance and Support
Provided Member is not in breach of an)' term of this Agreement, DJT will provide the following
maintenance and support serviccs to each such Member, subject to the terms in this Agreement and the
DJT Hub Service Mastcr Agreement:
1. DJT will be available, via one toll-free telephone number, during DJT's norma: business hours at
Jerse~'Ci:y. New Jersey. to respond to reports of alleged Program Erro:-s with Terminal Software and to
answer questions concerning general use oflhe DJT Hub Sen;ice. A "Program Error" shall be defined as a
defect in either the code or the media containing the Terminal Software. which causes the Termina:
Software to fail to operate substantially in accordance with the then-currcnt DJT Hub Service user
documentation.
2. V....hen Member repom an alleged Program Error, Member must provide such repor. in accordance
with the format and procedures specified by DJT from time to time. The Membcr must also provide
sufficient infonnation to delerml:-:e the s:::vcriry and frequency of the alleged Program Error and to ena:,le
DJT to reproduce the aliege= Program Error on computers under DJT's comrol. 1 f an alleged Program
Error can be so evidenced. DJT will use comme~::ially reasonabie effortS to: (a) provide a procedure
whereby a Member can. by application of a specific set of instr"Jctions. avoid a Program Error, or {b)
modify the Te::ninal So[m'2re and SUP?!y a modiile:i version cfthc Terminal Software in object code :onn
iO the Member for installation 6y sueh Iviember (COll::clively, the "Remedies").
_. !frequestec :,y DJT, Member shall assist DJT in verifying any reported Program Error and in
t-;5ting possible Remedies. :::.!cn assis:ance may. require reasonabie aceess to the Member's Te:7:1inals. in
;;erson and via modem, and, iF :equested by DJT, such access sh21! De outside of the Member's nonnal
business hours.
-;. If DJT determines that there are r.o Program Er.ors 07' that the Progr2m Error is: i.2.) created by
J:l2teria!s, equipment or services not supplied by DJT; (b) due to use of the Terminal Software other than as
par. ofrne DJT Hub Se:vice; (c) due to tise of the Terminal Software or DjT Hub Service in 2 ma:-,ner
orher than in accordance with the then-current user documentation; (iv) due to mis~se of any equipmen or.
software. including the Terr.:in21 Software; (v) due to User error: or (vi) due to u.;~ or a version of Terminal
Scr:v;:::e other :!:an the the:;-cu:-rent version. !:'..7T shal; no: be obiigated to provi.:i~' Go RemedYt an:: the
;\'1 ember shall pay DJT D,TTs then-current time and rr:ateria!s rate. plus any expenses incurred by DJT '.n
investigating such Program Error. Simiic.;i:.., if DJT elects to ?rovide a Remedy for such problem, the
Member shall pay DJT at DJT's then-currer.! time and materiais rate, pius any expenses incurred by DJT
associated with providing such Remedy.
:)a~~: S