Loading...
Resolution No. 9236f 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 RESOLUTION NO. 9236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A VERNON POWER PLANT PROJECT CONFIDENTIALITY AGREEMENT BY AND BETWEEN THE CITY OF VERNON, SIEMENS POWER GENERATION, INC. AND BP p.l.c. WHEREAS, the City of Vernon (the "City") owns and operates its own electric system which.services the City's constituents; and WHEREAS, the City is in the process of developing a natural gas -fired combined cycle power plant.located within City limits officially named the Vernon Power Plant (the "VPP Project") for the purpose of installing additional generating capacity that will yield an efficient, cost-effective, and reliable source of electric generation to the City; and WHEREAS, to facilitate discussions, studies, contractual sales or purchase arrangements regarding the development, erection, and operation of the VPP Project, the City of Vernon, Siemens Power Generation, Inc. ("Siemens") and BP p.l.c. ("BP") desire to enter into a confidentiality agreement setting forth the terms and conditions' under which certain confidential information and documents will be exchanged, retained and used by the parties; and WHEREAS, the City of Vernon desires to preserve and protect its rights by entering into such a confidentiality agreement with Siemens and BP in a manner that preserves the confidentiality and protected status of the documents, materials, and information to be exchanged, retained and used. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 1 2 31 ►m 5 6 7 8 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Vernon Power Plant Project Confidentiality Agreement with Siemens Power Generation, Inc. and BP p.l.c., in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated 1by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Agreement for, and on behalf of, the City of Vernon and the Acting City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the Acting City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City of Vernon hereby authorizes the Acting City Administrator, or his designee, to execute any and all documents as shall be required to implement the Agreement consistent with the terms of said Agreement approved herein. SECTION 6: The City Council of the City of Vernon hereby directs the Acting City Administrator, or his designee, to forward one fully executed original to the Acting City Attorney for processing. - 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 SECTION 7: The Acting 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 5th day of February, 2007. ATTEST: `'NlANUELA GIRON Acting City Clerk ILARIO GONZAL S, Mayor Pro-Tem - 3 - 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, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9236, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, February 5, 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. MANUELA GIRON( Acting City Clerk (SEAL) - 4 - VERNON POWER PLANT PROJECT CONFIDENTIALITY AGREEMENT This CONFIDENTIALITY AGREEMENT is dated as of this day of February 2007 between Siemens Power Generation, Inc. a corporation organized and existing under the laws of the State of Delaware, ("Siemens"), having an office located at The Quadrangle,- 4400 Alafaya Trail, Orlando, Florida 32826-2399; BP p.l.c. a corporation registered in England and Whales ("BP"), having an office located at 501 Westlake Park Boulevard, Houston TX 77079-2696; and City of Vernon, a Municipality existing under the laws of the State of California, ("City of Vernon") with offices located at 4305 S Santa Fe Avenue, Vernon, CA, individually referred to as "Party" and collectively referred to as "the Parties." WHEREAS, the Parties have entered into or desire to enter into and may later enter into discussions, technical evaluations, studies, negotiations, contractual arrangements, sales arrangements, or purchase arrangements in connection with the development, erection, operation, and a possible Power Purchase Agreement for the Vernon Power Plant ("VPP") project, and WHEREAS, such discussions and negotiations may require the disclosure by either Party of information that such Party believes is confidential or proprietary relating to the VPP project, any Power Purchase Agreement, any Operation and Maintenance Contract, or any Long Term Service Agreement (hereafter "Information"); and The Parties wish to establish the terms under which such confidential information may be retained and used. During the course of this Agreement a Party may disclose to the other (hereinafter referred to as 'Recipient") information that the transmitting Party believes to be confidential or proprietary. For such Information to be deemed "Information" therefore subject to the terms of this Agreement, it must be conspicuously marked by the transmitting Party as "Confidential" or "Proprietary" by an appropriate stamp, legend, or other written notice thereon and transmitted electronically, in writing or in other tangible, retainable form. Oral or visual disclosures of Information shall be deemed as Information from the date of disclosure, if indicated at the time of disclosure as being confidential or proprietary and the essence of the oral disclosure reduced to writing within thirty (30) calendar days from the date of such disclosure. During that interim period, such information shall be protected as Information. 2. Recipient agrees that it will use the Information of the transmitting Party only in connection with the negotiations exclusively between the Parties (the "Permitted Use"). Recipient shall not use such Information for any purpose except the Permitted Use. Recipient shall have the right to disclose Information on a need to know basis only to its internal personnel involved in the evaluations of the potential relationship, including employees, staff, consultants, elected officials, Confidentiality Agreement Page 1 of 6 January 24, 2007 officers, directors, attorneys, accountants and auditors provided that such parties are subject to confidentiality obligations for the Information at least as restrictive as the terms of this Agreement. Recipient shall not transmit or further disclose such Information to any third party (except as expressly permitted by the above sentence), including its parent, affiliates, subsidiaries or subcontractors without first obtaining prior written approval of the transmitting Party. If such consent is required, and the transmitting Party approves of such disclosure or transmittal, Recipient shall first obtain a written agreement from such third party having confidentiality obligations for the Information at least as restrictive as the terms of this Agreement that includes an acknowledgement that the transmitting party is a third party beneficiary of such agreement. Notwithstanding the foregoing, both Siemens and BP shall be permitted to transmit or disclose Information to its affiliates for the Permitted Use, without obtaining written approval from the transmitting Party. In the event that the Recipient is required by law, a court or federal, state or local agency to disclose any Information, the Recipient shall promptly notify the transmitting Party of such requirement so that the transmitting Party may seek a protective order or take appropriate action as it deems appropriate. In such circumstances, Recipient shall exercise reasonable efforts to disclose only the minimal amount of information required to satisfy such requirement. All Information delivered pursuant to this Agreement shall be maintained in confidence with the same level of care as Recipient maintains its own confidential and proprietary information but in no event maintained with any less than a reasonable standard of care. 3. Recipient shall not make any copy or in any way reproduce or excerpt such Information except where necessary for the Permitted Use, hereof, or as authorized by the transmitting Party in writing. 4. Recipient shall maintain the Information in accordance with the terms of this Agreement from the date of disclosure until two (2) years after the expiration or termination of this Agreement. 5. Recipient's duties of confidentiality under this Agreement shall not apply to Information which it can show is the same as information which is; a) now generally known or readily available to the trade or public or which becomes so known or readily available without fault of Recipient; or b) possessed by Recipient or an affiliate of Recipient and not subject to a confidentiality obligation prior to its disclosure hereunder by the transmitting Party; or c) legally acquired from a third party without restriction, unless Recipient knows or should have known that such information was acquired under an obligation of confidentiality in which case this Agreement shall apply to such information; or d) developed independently by Recipient without benefit of confidential and proprietary information furnished hereunder by the transmitting Party; or Confidentiality Agreement Page 2 of 6 January 24, 2007 e) is required, under any applicable law, including, without limitation, the Public Records Act of the State of California, to be disclosed, in which event the City of Vernon shall endeavor to provide reasonable notice to Siemens of a required disclosure; or f) necessary to establish the rights of either party under this Agreement. Information, as a whole, shall not be deemed to be in the trade or public merely because any part of said information is embodied in general disclosures or because individual features, components or combinations thereof are now or become known to the trade or public; provided, however, that the portion so deemed to be in the trade or public shall not be subject to the terms of this Agreement. 6. It is understood by the Parties that any meetings, discussions, or correspondence between Siemens, BP, or City of Vernon regarding the Vernon ,Power Plant project shall include representation from all Parties. All correspondence between the Parties shall be copied to the City of Vernon. 7. It is understood by the Parties that nothing herein is intended to grantor shall be construed as granting or implying any right under any intellectual property rights or any right to use any Information covered thereby, other than for the Permitted Use. Recipient shall not unfairly obtain the right to use Information which becomes publicly known through an improper act or omission on its part other than the Permitted Use. 8. The Information is provided on an "as is" basis and without warranty of any kind. Neither Party shall be liable to the other in connection with this Agreement or the subject matter hereof for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, tort (including negligence) strict liability or otherwise; provided however, that foregoing shall not apply to claims arising from intellectual property infringement or misappropriation of intellectual property rights. 9. Nothing in this Agreement shall obligate any Party hereto to provide any specific information it desires to withhold. 10. This Agreement shall be effective for two (2) years from the Effective Date hereof unless extended by written agreement of the Parties. Upon the expiration or termination of this Agreement, or receipt of a written request from the transmitting Party, Recipient shall return to the transmitting Party, or certify to the transmitting Party the destruction of all Information received under this Agreement within thirty (30) days from such termination, expiration or request. 11. Termination or expiration of this Agreement for any reason shall not relieve the Parties of the obligation not to disclose Information in any manner received hereunder, as provided in this Agreement. Confidentiality Agreement Page 3 of 6 January 24, 2007 12. Neither Party may assign or transfer its interest hereunder without the written consent of the other Party. Any purported assignment without such prior written consent shall be null and void. 13. Each Party shall bear all costs and expenses incurred by it under or in connection with this Agreement. Nothing in this Agreement shall be construed as forming any business relationship between the Parties, such as a partnership, or as an obligation by either Party to enter into any additional contract or any subcontract or other business relationship with the other Party in connection with, or as a result of the transmittal or receipt of, confidential and proprietary information. 14. This Agreement contains the entire understanding between the Parties, superseding all prior or contemporaneous communications, agreements and understandings between the Parties with respect to the exchange of Information for the purposes described herein. 15. The rights and obligations provided by this Agreement shall take precedence over any oral or written statements made prior to or concurrently with the receipt of Information. 16. To facilitate compliance with regulations of the U.S. Government concerning the export of technical information, the Parties agree that any technical information not in the public domain (whether written or otherwise) first received by the Recipient hereto or any technical information which the Recipient may develop by using such technical information received by the transmitting Party, or any product utilizing technical information so received or developed, will not, without the prior written permission of the transmitting Party, knowingly be transmitted by the Recipient, directly or indirectly, to any of the countries designated in the U.S. Government Regulations (15 C.F.R. 770; and 10 C.F.R. 810.7); or their respective successor provisions as issued from time to time relating to the exportation of technical data. 17. Any violation of this Agreement may cause irreparable harm to the disclosing Party. The Parties agree that the non -breaching Party is entitled to appropriate equitable relief (including without limitation, injunctive relief or specific performance) for any breach of the Agreement. Such remedies shall not be exclusive nor be in derogation of any other rights or remedies which a Party may have under this Agreement or under statutory or common law. All of the Party's rights and remedies shall be cumulative and may be exercised separately or concurrently. 18. This Agreement shall be governed in all respects by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order Confidentiality Agreement Page 4 of 6 January 24, 2007 or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. 19. The Parties are entering into this Agreement to discuss a possible business relationship, and there is no obligation on the part of the Parties to proceed with negotiations, to enter into a definitive agreement, or to establish a business relationship. Unless and until a definitive agreement is signed by the Parties, neither Party has any obligation or liability to the other, except in connection with Information, as set forth in this Agreement. The Parties hereto have caused this Agreement to be executed effective as of the day and year above provided. THE CITY OF VERNON By: Hilario Gonzales, Mayor Pro-Tem Attest: Manuela Giron Acting City Clerk Approved As to Form Jeff A. Harrison, City Attorney SIEMENS POWER GENERATION, INC. By: Signature: Title: By: Signature: Title: Confidentiality Agreement Page 5 of 6 January 24, 2007 BP P.L.C. By: Signature: Title: By: Signature: Title: Confidentiality Agreement Page 6 of 6 January 24, 2007 CITY COUNCIL. LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman February 6, 2007 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Siemens Demag Delaval Turbomachinery, Inc. 840 Nottingham Way Hamilton, NJ 08638 Re: Vernon Power Plant Project Confidentiality Agreement Dear Sir or Madam: MARK C. WHITWORTH Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH City Treasurer DONAL O'CALLAGHAN Director of Light & Power Transmitted herewith are three executed agreements as referenced above, approved by City Council on February 5, 2007, through Resolution No. 9236. Please return one fully executed agreement to my attention for our files. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan, at (323) 583-8811 ext. 834. Very truly yours, Nelly Giron Acting City Clerk NG:dr c: Donal O'Callaghan Resolution No. 9236 Agreement File No. 07-011 Twfusiodu Tuhnstr{gl VERNON POWER PLANT PROJECT CONFIDENTIALITY AGREEMENT This CONFIDENTIALITY AGREEMENT is dated as of this day of February 2007 between Siemens Power Generation, Inc. a corporation organized and existing under the laws of the State of Delaware, ("Siemens"), having an office located at The Quadrangle, 4400 Alafaya Trail, Orlando, Florida 32826-2399; BP p.l.c. a corporation registered in England and Whales ("BP"), having an office located at 501 Westlake Park Boulevard, Houston TX 77079-2696; and City of Vernon, a Municipality existing under the laws of the State of California, ("City of Vernon") with offices located at 4305 S Santa Fe Avenue, Vernon, CA, individually referred to as "Party" and collectively referred to as "the Parties." WHEREAS, the Parties have entered into or desire to enter into and may later enter into discussions, technical evaluations, studies, negotiations, contractual arrangements; sales arrangements, or purchase arrangements in connection with the development, erection, operation, and a possible Power Purchase Agreement for the Vernon Power Plant (" VPP") project, and WHEREAS, such discussions and negotiations may require the disclosure by either Party of information that such Party believes is confidential or proprietary relating to the VPP project, any Power Purchase Agreement, any Operation and Maintenance Contract , or any Long Term Service Agreement (hereafter "Information"); and The Parties wish to establish the terms under which such confidential information may be retained and used. During the course of this Agreement a Party may disclose to the other (hereinafter referred to as "Recipient") information that the transmitting Party believes to be confidential or proprietary. For such Information to be deemed "Information" therefore subject to the terms of this Agreement, it must be conspicuously marked by the transmitting Party as "Confidential' or "Proprietary" by an appropriate stamp, legend, or other written notice thereon and transmitted electronically, in writing or in other tangible, retainable form. Oral or visual disclosures of Information shall be deemed as Information from the date of disclosure, if indicated at the time of disclosure as being confidential or proprietary and the essence of the oral disclosure reduced to writing within thirty (30) calendar days from the date of such disclosure. During that interim period, such information shall be protected as Information. 2. Recipient agrees that it will use the Information of the transmitting Party only in connection with the negotiations exclusively between the Parties (the "Permitted Use"). Recipient shall not use such Information for any purpose except the Permitted Use. Recipient shall have the right to disclose Information on a need to know basis only to its internal personnel involved in the evaluations of the potential relationship, including employees, staff, consultants, elected officials, Confidentiality Agreement Page 1 of 6 January 24, 2007 officers, directors, attorneys, accountants and auditors provided that such parties are subject to confidentiality obligations for the Information at least as restrictive as the terms of this Agreement. Recipient shall not transmit or further disclose such Information to any third party (except as expressly permitted by the above sentence), including its parent, affiliates, subsidiaries or subcontractors without first obtaining prior written approval of the transmitting Party. If such consent is required, and the transmitting Party approves of such disclosure or transmittal, Recipient shall first obtain a written agreement from such third party having confidentiality obligations for the Information at least as restrictive as the terms of this Agreement that includes an acknowledgement that the transmitting party is a third party beneficiary of such agreement. Notwithstanding the foregoing, both Siemens and BP shall be permitted to transmit or disclose Information to its affiliates for the Permitted Use, without obtaining written approval from the transmitting Party. In the event that the Recipient is required by law, a court or federal, state or local agency to disclose any Information, the Recipient shall promptly notify the transmitting Party of such requirement so that the transmitting Party may seek a protective order or take appropriate action as it deems appropriate. In such circumstances, Recipient shall exercise reasonable efforts to disclose only the minimal amount of information required to satisfy such requirement. All Information delivered -pursuant to this Agreement shall be maintained in confidence with the same level of care as Recipient maintains its own confidential and proprietary information but in no event maintained with any less than a reasonable standard of care. 3. Recipient shall not make any copy or in any way reproduce or excerpt such Information except where necessary for the Permitted Use, hereof, or as authorized by the transmitting Party in writing. 4. Recipient shall maintain the Information in accordance with the terms of this Agreement from the date of disclosure until two (2) years after the expiration or termination of this Agreement. 5. Recipient's duties of confidentiality under this Agreement shall not apply to Information which it can show is the same as information which is; a) now generally known or readily available to the trade or public or which becomes so known or readily available without fault of Recipient; or b) possessed by Recipient or an affiliate of Recipient and not subject to a confidentiality obligation prior to its disclosure hereunder by the transmitting Party; or c) legally acquired from a third party without restriction, unless Recipient knows or should have known that such information was acquired under an obligation of confidentiality in which case this Agreement shall apply to such information; or d) developed independently by Recipient without benefit of confidential, and proprietary information furnished hereunder by the transmitting Party; or Confidentiality Agreement Page 2 of 6 January 24, 2007 e) is required, under any applicable law, including, without limitation, the Public Records Act of the State of California, to be disclosed, in which event the City of Vernon shall endeavor to provide reasonable notice to Siemens of a required disclosure; or f) necessary to establish the rights of either party under this Agreement. Information, as a whole, shall not be deemed to be in the trade or public merely because any part of said information is embodied in general disclosures or because individual features, components or combinations thereof are now or become known to the trade or public; provided, however, that the portion so deemed to be in the trade or public shall not be subject to the terms of this Agreement. 6. It is understood by the Parties that any meetings, discussions, or correspondence between Siemens, BP, or City of Vernon regarding the Vernon Power Plant project shall include representation from all Parties. All correspondence between the Parties shall be copied to the City of Vernon. 7. It is understood by the Parties that nothing herein is intended to grant or shall be construed as granting or implying any right under any intellectual property rights or any right to use any Information covered thereby, other than for the Permitted Use. Recipient shall not unfairly obtain the right to use Information which becomes publicly known through an improper act or omission on its part other than the Permitted Use. 8. The Information is provided on an "as is" basis and without warranty of any kind. Neither Party shall be liable to the other in connection with this Agreement or the subject matter hereof for any indirect, incidental, special, or consequential damages, loss of revenue, cost of capital, or loss of profit or business opportunity, whether such liability arises out of contract, tort (including negligence) strict liability or otherwise; provided however, that foregoing shall not apply to claims arising from intellectual property infringement or misappropriation of intellectual property rights. 9. Nothing in this Agreement shall obligate any Party hereto to provide any specific information it desires to withhold. 10. This Agreement shall be effective for two (2) years from the Effective Date hereof unless extended by written agreement of the Parties. Upon the expiration or termination of this Agreement, or receipt of a written request from the transmitting Party, Recipient shall return to the transmitting Party,. or certify to the transmitting Party the destruction of all Information received under this Agreement within thirty (30) days from such termination, expiration or request. 11. Termination or expiration of this Agreement for any reason shall not relieve the Parties of the obligation not to disclose Information in any manner received hereunder, as provided in this Agreement. Confidentiality Agreement Page 3 of 6 January 24, 2007 12. Neither Party may assign or transfer its interest hereunder without the written consent of the other Party. Any purported assignment without such prior written consent shall be null and void. 13. Each Party shall bear all costs and expenses incurred by it under or in connection with this Agreement. Nothing in this Agreement shall be construed as forming any business relationship between the Parties, such as a partnership, or as an obligation by either Party to enter into any additional contract or any subcontract or other business relationship with the other Party in connection with, or as a result of the transmittal or receipt of, confidential and proprietary information. 14. This Agreement contains the entire understanding between the Parties, superseding all prior or contemporaneous communications, agreements and understandings between the Parties with respect to the exchange of Information for the purposes described herein. 15. The rights and obligations provided by this Agreement shall take precedence over any oral or written statements made prior to or concurrently with the receipt of Information. 16. To facilitate compliance with regulations of the U.S. Government concerning the export of technical information, the Parties agree that any technical information not in the public domain (whether written or otherwise) first received by the Recipient hereto or any technical information which the Recipient may develop by using such technical information received by the transmitting Party, or any product utilizing technical information so received or developed, will not, without the prior written permission of the transmitting Party, knowingly be transmitted by the Recipient, directly or indirectly, to any of the countries designated in the U.S. Government Regulations (15 C.F.R. 770; and 10 C.F.R. 810.7); or their respective successor provisions as issued from time to time relating to the exportation of technical data. 17. Any violation of this Agreement may cause irreparable harm to the disclosing Party. The Parties agree that the non -breaching Party is entitled to appropriate equitable relief (including without limitation, injunctive relief or specific performance) for any breach of the Agreement. Such remedies shall not be exclusive nor be in derogation of any other rights or remedies which a Party may have under this Agreement or under statutory or common law. All of the Party's rights and remedies shall be cumulative and may be exercised separately or concurrently. 18. This Agreement shall be governed in all respects by the laws of the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order Confidentiality Agreement Page 4 of 6 January 24, 2007 or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. 19. The Parties are entering into this Agreement to discuss a possible business relationship, and there is no obligation on the part of the Parties to proceed with negotiations, to enter into a definitive agreement, or to establish a business relationship. Unless and until a definitive agreement is signed by the Parties, neither Party has any obligation or liability to the other, except in connection with Information, as set forth in this Agreement. The Parties hereto have caused this Agreement to be executed effective as of the day and year above provided. THE CITY OF VERNON lip Hilario Gonza es, Mayor Pro-Tem ttest: 'Manuela Giron Acting City Clerk Approved 09:!i- J f Ha on, City Attorney V SIEMENS POWER GENERATION, INC. By: Signature: Title: By: Signature: Title: Confidentiality Agreement Page 5 of 6 January 24, 2007 BP P.L.C. By: Signature: Title: By: Signature: Title: Confidentiality Agreement Page 6 of 6 January 24, 2007 Page 1 of 1 Romero, Debbie From: Tolmasoff, Robin Sent: Wednesday, February 21, 2007 11:12 AM To: Romero, Debbie Subject: RE: Siemens Thanks. From: Romero, Debbie Sent: Wednesday, February 21, 2007 10:30 AM To: Tolmasoff, Robin Subject: Siemens 94so���� Hi Robin. I received the FedEx bill today for processing. It shows that the agreement was sent on 2/6/07 and received by Siemens on 02/07/07, at 9:17 a.m. It was signed for by K. Green 3/a;Vcfy 1-1,4 ve �ou 2/21/2007 07/22/2008 15:02 FAX 323 826 1438 CITY CLERK'S OFFICE [a001 �c TX REPORTxc TRANSMISSION OK TX/RX NO 0670 CONNECTION TEL 78261425 SUBADDRESS CONNECTION ID ST. TIME 07/22 14:56 USAGE T 05'39 PGS. SENT 19 RESULT OK Page 1 of 1 Romero, Debbie From: Tolmasoff, Robin Sent: Wednesday, February 21, 2007 11:12 AM To: Romero, Debbie Subject: FiE: Siemens Thanks. From: Romero, Debbie Sent: Wednesday, February 21, 2007 10:30 AM To: Tolmasoff, Robin Subject: Siemens Hi Robin- I received the FedEx bill today for processing. It shows that the agreement was sent on 2/6/07 and received by Siemens on 02/07/07, at 9:17 a.m. It was signed for by K. Green /�l�ve OW Page 1 of 1 Romero, Debbie From: Enomoto, Kristen Sent: Tuesday, February 06, 2007 1:28 PM To: Romero, Debbie Subject: FW: Siemens Address for Confidentiality Agreement Importance: High From: Tolmasoff, Robin Sent: Tuesday, February 06, 2007 12:57 PM To: Enomoto, Kristen Subject: Siemens Address for Confidentiality Agreement Importance: High Here is Siemens address for the Confidentiality Agreement: Siemens Demag Delaval Turbomachinery, Inc. 840 Nottingham Way Hamilton, NJ 08638 Tel: (609) 890-5000 Fax: (609) 587-7790 Thank you. Robin M. Tolmasoff Secretary to the Director of Light & Power City of Vernon (323) 583-8811, Ext. 561 2/6/2007 AGREEMENT NOT RECEIVED - LIGHT & POWER DOES NOT HAVE A COPY ON FILE Page 1 of 1 Romero, Debbie From: Tolmasoff, Robin Sent: Tuesday, September 02, 2008 10:53 AM To: Romero, Debbie; Mermis, Michelle Subject: RE: Agreement Inquiry Importance: High Attachments: VPP Confidentialtiy Agreement w-Siemens.pdf Hi Debbie, we do have the original CAISO Trans. Control Agreement. I will have Michelle walk the original up to you. The Siemens Power Generation — All we have on file is not signed by Siemens (see attachment). From: Romero, Debbie Sent: Tuesday, September 02, 2008 9:13 AM To: Tolmasoff, Robin Subject: Agreement Inquiry Hi Robin. When you get a chance, please check your files to see if you received the following agreements: Siemens Power Generation — VPP Confidentiality Agreement — Approved by Res. No. 9236 02/05/07 CAISO Transmission Control Agreement — Approved by Res. No. 9113 08/16/06 Thank you 9/2/2008