Resolution No. 100301
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RESOLUTION; NO. 10,,030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
CONTRACT CHANGE ORDER NO 1 TO BLOOMBERG AGREEMENT,
SCHEDULE OF SERVICES AND DATAFEED ADDENDUM BY AND
BETWEEN THE CITY OF VERNON AND BLOOMBERG L.P.,
THROUGH BLOOMBERG, INC.,A GENERAL PARTNER
WHEREAS, on April 13, 2005, the,City Council of the City of
Vernon adopted Resolution No. 8720 approving a Bloomberg Agreement,
Schedule of Services and Datafeed Addendum (collectively, the
"Agreement") with Bloomberg L.P., through Bloomberg, Inc., a General
Partner ("Bloomberg") to provide technical and fundamental market
information in an analytical format as well as NYMX and NYSE real-time
information; and
WHEREAS, by memo dated July 13, 2009, the Director of Light
&"Power has recommended that the Agreement be extended from April 1,
2009 to March 27, 2011 with Bloomberg, under the same terms and
conditions of the Agreement in an amount not to exceed $44,559.41; and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to approve Change Order No. 1 to the Agreement with
Bloomberg.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves Contract Change Order No. 1 to the Agreement with Bloomberg,
in substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference;.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Director of Light;& Power to execute Contract Change
Order No 1 for, and on behalf of, the City of Vernon and the City
Clerk, or Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the; City of Vernon hereby
authorizes the City Administrator, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the Change Order.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a fully executed
Change Order No. 1 to Bloomberg.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
her certification to be entered in the Book of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 20th day of July, 2009
_ 4-d'
Name: Hilario Gonzales
Title: Mayor / r ro-
ATTESTc
"MANUELA City Clerk
- 2 -
1 STATE OF CALIFORNIA )
2 ) ss
COUNTY OF LOS ANGELES )
3
4 I, MANUELA GIRON, City Clerk of the City of 'Vernon, do hereby
5 certify that the foregoing Resolution, being Resolution No. 10,030 was
6 duly passed, approved and adopted by the City Council of the City of
7 Vernon at a regular meeting of the City Council duly held on Monday,
8 July 20, 2009, and thereafter was duly signed by the Mayor or Mayor
9 Pro-Tem of the City of Vernon.
10 Executed this L�l day of July, 2009, at Vernon, California.
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UELA GIRON, Ci Clerk
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14 (SEAL)
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EXHIBIT A
CITY OF VERNON
Light & Power Department
Contract Change Order No. 1 Supplement No. n/a Page 1 of - 2
CONSULTANT: Bloomberg, LP. - Agreement Approved by the Resolution No.8720 Date 4-13-05
TO: Bloomberg, LP. (Consultant and/or Vendor)
731 Lexington Ave.
New York, NY 10022
REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the
following described work not included in the original agreement.
ADDITIONAL SCOPE OF WORK AND/OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW:
The Light & Power Department have been utilizing the services of Bloomberg, LLP for "Real Time Information"
access since March 2006 pursuant to Resolution No. 8720. This service provides to City technical and
fundamental market information.
• Continue to provide technical and fundamental market information services from 4-1-2009to 3-27-2011
and billed the following on a quarterly basis for (7 quarters) for the amount of $6,365.63 per quarter.
3 months X $1,900.00 for Terminal License = 5,700.00
➢ 3 months X $150.00 for PC Rental = 450.00
3 months X $58.00 for Mercantile Exchange = 174.00
Tax on PC only = 41.63
Total Per Quarter
Total amount of this requested Change Order not to exceed: $44,559.41
Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and
effect, and apply to the additional compensation as if said compensation was originally included in the Agreement
Base Amount of Contract:
Revised contract Amount from 4-1-2009 to 3-27-2011 (including this requested Change Order No. 1): A y $44,559.41
Page 2 Of �2
Approved: Date:
DONAL O'CALLAGHAN, Director, Light & Power
ATTEST: Date:
By:
Nelly Giron, City Clerk
We, the undersigned ConsultanWendor, have given careful consideration to the change proposed and hereby agree. If this Change
Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount
written above.
Accepted: Bloomberg, LP. (Consultant(Vendor) Date:
By Title:
CC: Abraham Alemu
Project Control
Document Control - Resource Management 92.1 (Resolution No. 8720)
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 18, 2009
Bloomberg, L.P.
Attn: Consultant/Vendor
731 Lexington Avenue
New York, NY 10022
Re: Contract Change Order No. 1
Dear Sir or Madam:
Transmitted herewith is a fully executed change order, as referenced above, approved by City
Council on July 20, 2009, through Resolution No. 10,030.
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
City Clerk
NG:dj
c: D.O'Callaghan
Purchasing Department
Resolution No. 10,030, 8720
Agreement File No. 05-046
E fusivefy Industfiaf
4305 Santa Fe Avenue Vernon California 90058
Telephone (323) 583-8811
July 20, 2009
Bloomberg, LP.
Attn: Consultant/Vendor
731 Lexington Avenue
New York, NY 10022
Re: Contract Change Order No. 1
Dear Sir or Madam:
Enclosed for execution, by the proper party, is the original change order, as referenced above,
approved by City Council July 20, 2009, through Resolution No. 10,030.
Once it has been signed, please return the original change order to the undersigned. Upon the
receipt of the partially signed change order, a copy of the fully executed change order will be
forwarded to you.
If you have any questions regarding this matter, please call Mr. Donal O'Callaghan at (323) 583-
8811 ext. 834.
e y truly yours,
Nelly Gi 11/
City Clerk
NG:dj
c: Donal O'Callaghan
Resolution No. 10,030
Agreement File No. 05-046
E Iusivefy Industfiaf
CITY OF VERNON
Light & Power Department
Contract Change Order No. 1 Supplement No. n/a Page 1 of 2
CONSULTANT: Bloomberg Finance, LP. —Agreement Approved by the Resolution No.8720 Date
4-13-05
TO: Bloomberg Finance, LP. (Consultant and/or Vendor)
731 Lexington Ave.
New York, NY 10022
REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the
following described work not included in the original agreement.
ADDITIONAL SCOPE OF WORK AND/OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW:
The Light & Power Department have been utilizing the services of Bloomberg Finance, LLP for "Real Time
Information" access since March 2006 pursuant to Resolution No. 8720. This service provides to City technical
and fundamental market information.
• Continue to provide technical and fundamental market information services from 4-1-2009 to 3-27-2011
and billed the following on a quarterly basis for (7 quarters) for the amount of $6,215.63 per quarter.
➢ 3 months X $1,900.00 for Terminal License = 5,700.00
➢ 3 months X $100.00 for PC Rental = 300.00
➢ 3 months X $58.00 for Mercantile Exchange = 174.00
➢ Tax on PC only (Estimate) = 41.63
➢ Total Per Quarter 1S,Fr
Total amount of this requested Change Order not to exceed: $43,509.41
Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and
effect, and apply to the additional compensation as if said compensation was originally included in the Agreement
Base Amount of Contract:
Revised contract Amount from 4-1-2009 to 3-27-2011 (including this requested Change Order No. 1): 43 509.41
Page 2 of 2
A09ppro d;_ Date: 9
(f
DONAL 0' NLAGHAN, Irector, L ght & Power
ATTEST: Date:
Nelly Giron; ity CIO
We, the undersigned Consultant/Vendor, have given careful consideration to the change proposed and hereby agree. If this Change
Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount
written above.
Accepted: Bloomberg Finece, LP. (Consultant/Vendor) Date: 1/0 1
By. Title: --------------
CC: Abraham Alemu
Project Control
Document Control - Resource Management 92.1 (Resolution No. 8720)
INTEROFFICE MEMORANDUM
Light & Power Department
DATE: August 12, 2009
TO: Donal O'Callaghan -�
Director of Light & Power
FROM: Javier Valdez
Business & Accounts Clerk
SUBJECT: Bloomberg Finance, LP. Change Order No.1 Revision to PC Rental
Monthly Rate
Attached for your review and approval is the Revised Contract Change Order No.1 to
change PC rental monthly rate from $150.00 to 100.00 which is $1,050.00 less from
original estimated quote for seven quarters. The revised total cost for Change Order
No.1 is the amount of not -to -exceed $43,509.41 for services from June 28, 2009
through March 27, 2011.
DO: jv
Attachment
c: Project Control
Document Control
CITY OF VERNON
Light & Power Department
Contract Change Order No. 1 Supplement No. n/a
Page 1 of 2
CONSULTANT: Bloomberg Finance, LP. —Agreement Approved by the Resolution No.8720 Date
4-13-05
TO: Bloomberg Finance, LP.
731 Lexington Ave.
New York, NY 10022
(Consultant and/or Vendor)
REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the
following described work not included in the original agreement.
ADDITIONAL SCOPE OF WORK AND/OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW:
The Light & Power Department have been utilizing the services of Bloomberg Finance, LLP for "Real Time
Information" access since March 2006 pursuant to Resolution No. 8720. This service provides to City technical
and fundamental market information.
• Continue to provide technical and fundamental market information services from 4-1-2009 to 3-27-2011
and billed the following on a quarterly basis for (7 quarters) for the amount of $6,215.63 per quarter.
➢ 3 months X $1,900.00 for Terminal License = 5,700.00
➢ 3 months X $100.00 for PC Rental = 300.00
➢ 3 months X $58.00 for Mercantile Exchange=174.00
➢ Tax on PC only (Estimate) = 41.63
➢ Total Per Quarter
Total amount of this requested Change Order not to exceed: $43,509.41
Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and
effect, and apply to the additional compensation as if said compensation was originally included in the Agreement
Base Amount of Contract:
Revised contract Amount from 4-1-2009 to 3-27-2011 (including this requested Change Order No. 1): $43,509,41
Approved:
ATTEST:
By:
DONAL UCALLAGHAN, Director, Light & Power
Nelly Giron, City Clerk
Date:
Date:
Page 2 of 2
We, the undersigned ConsultanWendor, have given careful consideration to the change proposed and hereby agree. If this Change
Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount
written above.
Accepted: Bloomberg Finance, LP. (ConsultantNendor)
Im
Title:
Date:
CC: Abraham Alemu
Project Control
Document Control — Resource Management 92.1 (Resolution No. 8720)
,iLi[- j.. M9
CITY CLERK'S OFFICE
STAFF RE Pa RTAPPROVED JUL 2 p '09 CITY COUNCIL
LIGHT & POWER
ION
DATE: July 13, 2009
TO: Honorable Mayor and City Council
FROM: Donal O'Callaghan, Director of Light & Power
RE: Bloomberg, LP. Change Order No.1 to Extend Service for Technical and
Fundamental Market Information to the City of Vernon - Resolution No.
8720
Attached is the Change Order No.1 for funds requested to provide technical and
fundamental "Market Information" from Bloomberg, LP from April 2009 through
March 2011. The cost from April. 2009 through June 27, 2009-has been paid. The total
cost for Change Order No.1 is the amount of not -to -exceed $44,559.41 for services
from June 28, 2009 through March 27, 2011. This cost includes "Market Information"
and all required hardware.
Recommendation:
We are recommending that we continue to utilize their services, and that authorization
be granted to issue a Purchase Order # in the amount not -to -exceed $44,559.41 for the
next 21 months (June 28, 2009 — March 27, 2011).
DO:jv
Attachment
INTEROFFICE MEMORANDUM
Light & Power Department
DATE: July 13, 2009
TO: Donal O'Callaghan
Director of Light & Power
FROM: Abraham Alemu
Electric Resources Planning & Development Manager
SUBJECT: Bloomberg, LP. Change Order No.1 to Extend. Service for Technical and
Fundamental Market Information to the City of Vernon — Resolution No.
8720
Attached for your review and approval is the Contract Change Order No.1 to extend the
technical and fundamental "Market Information services from Bloomberg, LP from
April 2009 through March 2011. The cost from April 2009 through June 27, 2009 has
been paid. The total cost for Change Order No.1 is the amount of not -to -exceed
$44,559.41 for services from June 28, 2009 through March 27, 2011. The cost includes
"Market Information", to assist the City in its decision -making process regarding power,
gas and financial transactions and the equipment necessary to utilize the services.
DO:AA:eo
Attachment
c: Abraham Alemu
Document Control
CITY OF VERNON
Light & Power Department
Contract Change Order No. 1 Supplement No. n/a
Page 1 of 2
CONSULTANT: Bloomberg, LP. Agreement Approved by the Resolution No.8720 Date 4-13-05
TO: Bloomberg, LP. (Consultant and/or Vendor)
731 Lexington Ave.
New York, NY 10022
REQUESTED BY: City of Vernon -You are hereby authorized to make the herein described changes, or do the
following described work not included in the original agreement.
ADDITIONAL SCOPE OF WORK AND/OR ADJUSTMENTS IN COMPENSATION AS IDENTIFIED BELOW:
The Light & Power Department have been utilizing the services of Bloomberg, LLP for `Real Time Information"
access since March 2006 pursuant to Resolution No. 8720. This service provides to City technical and
fundamental market information.
• Continue to provide technical and fundamental market information services from 3-28-09 to 3-27-2011
and billed the following on a quarterly basis for (7 quarters) for the amount of $6,191.63 per quarter.
3 months X $1,900.00 for Terminal License = $ 5,700.00
➢ 3 months X $150.00 for PC Rental = 450.00
➢ 3 months X $58.00 for Mercantile Exchange = 174.00
Tax on PC only - 41.63
➢ Total Per Quarter
Total amount of this requested Change Order not to exceed: $44,559.41
Except as specifically modified herein, all terms and conditions of the original Agreement remain in full force and
effect, and apply to the additional compensation as if said compensation was originally included in the Agreement
Base Amount of Contract:
Revised contract Amount (including this requested Change Order No. 1): $44,527.91
Approved:
IATTEST:
By:
DONAL O'CALLAGHAN, Director, Light & Power
Nelly Giron, City Clerk
Date:
Date:
Page 2 of 2
We, the undersigned Consultant/Vendor, have given careful consideration to the change proposed and hereby agree. If this Change
Order is approved we will continue to provide the necessary support services with additional compensation NOT to exceed the amount
written above.
Accepted: Bloomberg, LP. (Consultant/Vendor) Date:
By:
Title:
CC: Abraham Alemu
Project Control
Document Control — Resource Management 92.1 (Resolution No. 8720)
03/01/05 TUE 08:27 FAX 323 8213 1425 CITY OF VERNON Utilitip* 002
BLOOMBERG L.P.
49 Park Avenue
New York, NY 1DO22
Telephone; (212)318-2540
FaneirNle: (917) 3BB-SAD
BLOOMBERG SCHEDULE OF SERVICES
SERVICE PROVIDER ('SP"): BLOOMBERG L.P. ACCOUNT: 485022
SERVICE RECIPIENT ('SR"): GITY bF VERNON ORDER DATE: 02110/2005 ORDER: 1598339
DEPARTMENT:
HILL.I NG ADDRESS: (Peyment only eccaped rrom 6111Ing Pady Valed be
EQUIPMENT ADDRESS:
CITY OF VERNON
CITY 05 VERNON
4305 SANTA FE AVENUE
4305 SANTA FE AVENUE
1/ERNON CA 90058
VERNON CA 90058
(Clly) lelaplProvinaej (Poelel code)
SmlelPro�lnw) (Poslel Code)
(city) Unit ei States
United States
BILLING CONTACT:
USER CONTACT:
1323B25-1422
DANNY GARCIA 323-826-1422
DANNY GARCIA
SP and SR are parties to a BLOOMBERG AGREEMENT, Number
1598339 (the "Agreement") which sets forth the terms and eondltlonz under which SP
provides to SR the Services described therein.
TERM AND CONDITIONS .
1, IN5TALLATION OF SERVICE(S); OTHER EQUIPMENT
Pursuant to the Agreement. SR her, requested $P to provide the Services at the stated equipment address (as noted above). The Services Include one free
subscription to Bloomberg Magazine for each user of the BLOOMBERG PROFESSIONAL service.
2, TERMS & CHARGES
(a) The initial term of this Schedule is from the first day Services or additlonal Services are provided to the second anniversary of that date (the `Schedule
Term"), unless earlier terminated during the Schedule Term or any renewal thereof, as follows: (i) SR shall have the right to terminate this Schedule or
any portion of the Services provided hereunder at any time upon not lass than 60 days prior written notice to SP; (ii) SP shall have the right to terminate
this Schedule and/or the Agreement at any time immediately upon written notice to SR If SR breaches any of the provisions of this Schedule; or (iii) this
Schedule shall automatically terminate upon termination of the Agreement. Upon temlinallon of this Schedule, SR shall pay any applicable charges set
forth in paragraph 3 of the Agreement with respect to this Schedule and, in addition, If this Schadule is terminated pursuant to (x) clause (iji) of the
preceding sentence as a result of the termination of the Agreement pursuant to paragraph 2(a)(1) or 2(a)(ii) thereof or (y) clauses (1) or Cl) of the
preceding sentence, SR shall pay a termination charge in an amount equal to $D% of the charges under this Schedule that would otherwise have been
due for the balance of the Schedule Term. Upon termination of any portion of the Services provided under this Schedule, SR shall pay (i) any applicable
charges set forth in paragraph 3 of the Agreement with respect to such terminated Services and (ii) a termination charge in an amount equal to 50% of
the charges under this Schedule that would otherwise have been due for such terminated Services for the balance of the Schedule Term. Circuit
Installation or upgrades do not affect the term of the Agreement, The No commences the day following actual installation and shall be invoiced quarterly
In advance. All amounts displayed on this Schedule are In U.S, dollars. To the extent permitted by law, SP may send and SR agrees to receive Invoices
via eieclronic mail. Any fee increase of which SR Is notified in accordance with the Agreement or this Schedule will take affect as specified
notwithstanding the issuanoa of a Schedule setting forth the then current fee.
., `(b) The Schedule Term shall be automatically renewed for successive two periods unless SR or SP elects not to renew by giving not lass Chan 60 days'
x prior written notice to the other. If this Schadule is so renewed for any additional period beyond the initial Schedule Tenn, the charges payable pursuant
to paragraph 3(a) of the Agreement for such renewal period shall be calculated at the prevailing rates then offered by SP, and this Schedule shall be
considered to be amended accordingly,
(c) All Installations, upgrades, removals, relocations, conversions, equipment modifications and other changes related to the Services will automatically be
charged at SP's prevailing rates and SR will be Invoiced accordingly, If local dedicated circuits for network access are provided to SR, the chafgos for
such dedicated local circuits era not guaranteed for the term of the Agreement. Increases and/or discounts to such charges may be made on 90 days
advance written notice and customer relocations may result In Immediate price adjustments for such local circuits. SR may terminate dedicated circuits
for network access upon 90 days' advance written notice, provided that SR has Installed a replacement approved by SP.
(Additional terms on next page with required acknowledgment)
Customer Initial: Acct. 485022 Agmt: 1598339 Ord: 1598339 DT; 1200 Page 1 of 3 SchGlobal 12/09104
i 111111 IIIIi IIIII 11{Ii INII IIIII IIIII II fll Illif I{III 1111111111 IIIII IIIII 1111 I II III 1111111111 IINI NIII IIIiI IIIII till I II IIiII IIlI Ill I iI 111 IIIII IIIIi IIIII lhi till
03/01/05 TUE 08:28 FAX 323 826 1425 CITY OF VERNON UtilitiPc
[a 003
(d) The Total does not include monthly fees for real-time exchange and third party information services or applicable taxes. All applicable taxes, including
without llmltBllon, sales tax, VAT. GST and similar taxes, shall be added to the charges for the Services and set forth on the involees. If tax-exempt, a
copy of the State/Foreign Tax Exempt Certifcate, must be submitted upon signing the Agreement.
13LOOMBERG ANYWHERE
(a) "Bloomberg Anywhere" shall mean a subscription to the Services that may be used by only one individual. If SR accesses the Services through
Bloomberg Anywhere by use of SP software (each, an "Access Point"), SR shall notify SP of the locations of the computers or workstations via which a
Permitted User (as defined below) of Bloomberg Anywhere may access the Services upon the Installation of any such software and upon SP's request
from time to time. Each Access Point of a particular Permitted User will be permissloned to receive the same functionalilies available to every other
Access Point of such Permitted User, unless SP shall otherwise specify or determine from time to time. From lime to time in SP's sole discretion, SP
may permit Permitted Users to access the Services through Bloomberg Anywhere via additional software -based Access Points or via the internet,
(b) Each individual with access to the Services through Bloomberg Anywhere (each, a "Permitted User") shall gain access to the Services only through (1) a
standard unique Permitted User login and password and (11) a SP secure identification device, as required and provided by SP. All such secure
Identification devices shall be included in the term 'Equipment! SR shall not permit Bloomberg Anywhere to be shared, switched or replioeted between
two or more persons or to be used to across the Services simultaneously from two or more devices, computers, workstations or locations, All Access
Points provided in connection with Bloomberg Anywhere may be accessed only by a Permitted User and access may not be shared with any person
who is not a Permitted User or used in any manner Inconsistent with the Agreement or this Schedule. SP reserves the right periodically to audit and
monitor (whether physically or electronically) Bloomberg Anywhsro to ensure compliance with the Agreement and this Schedule.
BLOOM9ERG FLAT PANEL
If this Schedule provides, or may from time to lime provide, for one or more Flat Panel screens, SR agrees not to separate, unbolt, move, modify, interface,
duplicate, redistribute or otherwise disconnect any one, both or four of the Flat Panel screens, or use any one, both or four of the Fiat Panel screens in a
manner inconsistent with the terms of the Agreement, without SP's prior written consent. Unauthorized access or use is unlawful and SP shall have all
recourse and rights as set forth In the Agreement. The access term for the Flat Panel shall be the same as that of the specific BLOOMBERG
PROFESSIONAL servirs subscriptlon or Access Point to which it is attached, SR's fee applicable to the Flat Panel screens shall commence on the date
following actual installation,
SHARED NETWORK; MULTIPLE SERVICES
If this Schedule provides, or may from time to time provide, for a fee for Services calculated on the bests of a shared local network at the same physical
location or multiple Services, then at such time as the network is no longer shared, or multiple Services are no longer accessed, the fee for Services shall be
Increased to the prevailing rate for SBNICeS provided on an unshared or single Service basis.
RECEIPT OF THE SERVICES VIA SR'8 AUTHORIZED EQUIPMENT (IF APPLICABLE)
(a) The Services shall be made available to $R by means of the authorized equipment set forth on the face of this Schedule or the Authorized Computers
as set forth in the Datafeed Addendum (the "Authorized Equipment"). SR agrees that it will access the Services only through such Authorized
Equipment, in no event will SR recirculate, redistribute, access, racelve or otherwise retransmit or re -mule the Services to or through any other
equipment or display or permit the use of any Information Included in the Services on any other equipment or display.
(b) SP shall have the right at any time, or from time to time, to change.the technical specifications of any aspect of the Services and, in such event, SR shall
take all reasonable steps, at its expense, to modify, reconfigure, upgrade or replace the Authorized Equipment In order to maintain compatibility,
functionality, quality, speed and convenience of the Services.
(c) SP shall have no responsibility for installing, labeling, testing, maintaining, relocating or removing the Authorized Equipment, or for training or providing
support documentation to SR's employees In the use of the Authorized Equipment. All cabling, connections and any interface (Including hardware,
software, network or otherwise) between Authorized Equipment and SP's Equipment are the responsibility of SR. NOTWITHSTANDING THE ABOVE,
SP SHALL HAVE ALL RIGHTS WITH RESPECT TO THE AUTHORIZED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO ACCESS, AND SR
SHALL HAVE ALL OBLIGATIONS AND RESPONSIBILITIES WITH RESPECT THERETO, AS ARE STATED IN THE AGREEMENT WITH RESPECT
TO EQUIPMENT GENERALLY. In addition, SP shall have the right to participate In the provision of training and the preparation of support
documentation relating to the use of the Services by means of the Authorized Equipment, although SP shall have no obligation In this regard.
(d) SR shall not move, modify, interface, copy, broadcast, reproduce, port or otherwise use or route the Services or any portion thereof with or to any other
equipment, network or software that 5P, in Its sole good faith judgment, determines Is Interacting or Interfering or may Interact or interfere with the
performance of the Services or any portion thereof and, from time to time, upon SP's request therefor, SR shall promptly notify SP in writing of any and
all such equipment, network and software. SR may use the Services solely for its internal business purposes and may not use the Services for any
development purposes or to develop any applications, software or otherwise that could in any way interact or interfere with the performance of the
Services or any portion thereof, except as SP may expressly permit under a separate development license with SR,
(e) In addition to those limitations on liability contained in the Agreement, to the maximum extent permitted by law SP, its officers, employees, suppliers and
thlyd•party agents. shall have no responsibility or liability, contingent or otherwise, for any Injury or damages, whether caused by the negligence of SP, its
employees, sub -contractors, agents, equipment vendors or otherwise, arising in connection with the use, Installation, or provision of the Services by
means of the Authorized Equipment and shall not be liable for any lost profits, punitive, inrldentat or consequential damages or any claim against SR by
any other party with respect thereto. SR agrees that SP is not responsible for any fault, inaccuracy, omission, delay or any other failure in the Services
caused by SR's hardware, software, cabling, network services, or arising from SR's use of the Services on such equipment,
THE BLOOMBERG TRAVELER AND ACCESS POINTS (IF APPLICABLE)
(a) THE BLOOMBERG TRAVELER: (1) must be associated with a specific B400MBERG PROFESSIONAL service subscription accessed by SR: (11) will
not be used for an extended period of time in a time zone different than that of Its associated BLOOMBERG PROFESSIONAL service subscription nor in
a manner that would result in a reduction of SR's existing or potential subscriptions to SP's Services; (iii) will disenable the associated Service for a
certain period of time; and (iv) may be terminated upon 8o days' prior written notice to SP.
(b) SP may remove or require SR to remove one or more Access Paints for any Bloomberg Anywhere subscription that is terminated for any reason.
(c) SR will Incur a connection fee for any relocation of SP-provldad software or Services, 5R-provided hardware and software must meet all technical
specifications provided by SP from time to lime. SR accepts responsibility for properly loading, maintaining and upgrading THE BLOOMBERG
TRAVELER software and Access Point software on SR -provided hardware, In accordance with SP's instructions and procedures. All software is
furnished under the Agreement and this Schedule and may be used only in accordance with the Agreement and this Schedula. Except as provided in
the Agreement, the software may not be: (1) copled, broadoested, reproduced, ported or otherwise routed to or used in any fashion on any now
authorized computer or display or in any other application; (ii) recompiled, decomplled, disassembled, reverse engineered, made into or distributed in
any form of derivative work; (iii) modified, adapted, translated, accessed, loaned, resold, distributed or, except as provided in the Agreement, networked
in whole or in part; or (iv) used with any other terminal, network, or device except as permitted by the Agreement. SP MAKES NO WARRANTY OF ANY
KIND WITH REGARD TO iNTERNET ACCESS, THE HARDWARE AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SP shall not be liable for errors contained in the software or
related to internet access or for Indirect, incidental, consequential or special damages In connection with the furnishing, performance or use of the
software or internet
(Additional terms annextpapa with required acknowledgment)
Customer Initial: Acct: 405022 Agmt; 1598n9 Ord: 1598339 DT: 1200 Page 2 of 3 SchGlobal 12JO8104
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03J01%05 TUE 08:29 FAX 323 82,13 1425 CITY OF VERNON Utilities
[a 004
0. COMMUNICATIONS CIRCUITS AND FACILITIES
SP shall attempt to resolve any inquiries of SR regarding communlcations circuits and facilities used in accessing SP's Services, Notwithstanding any
provision in the Agreement; or this Schadule, $P Is not respcinsiblo or liable for the availability or reliability of any communications circuit or facility which SP
secures from a third party or for any act or omission of such third party furnishing such communications circuit or facility. SP MAKES NO
IREPRESENTATIONS OR MPLIED WARRANTIES 05 ERCHNANTABIILIt YRIMPLIED.ES5 OR FACILITIES DISCLAIMS ANY
OR FITNESS FOR A PARTICULAR PURPOSE OR USE 0 SUCCH CIRCUITS OR FACILITIES.
9. APPUCABILITY; FORM
(a) The terms and provisions of Sections 3, B(d), and 7 of this Schedule shall apply to Services provided hereunder and under any other Schedule relating
to the Agreement executed before the date of this Schedule.
(b) This Schedule, and any amendments hereto, may be executed and delivered by facsimile or electronic mail. Any such facsimile or electronic mail
transmission shall constitute the final agreement of the parties and conclusive proof of suoh agreement..
Agreed to by: r%uj.. `" "''
BLOOMBERG L-.P.
ciTY Ot= VERNON
Company Name (Please Type or print) By: BLOOMBERG INC.,
Partner
`, � 'General
J'
bi
Signature (Duly authorized offioer, partner or proprietor)
Bruce V. Malkenhorst _
Name (Please type or print)
City Administrator
3/3/2005
Title (Please type or print)
February 28, 2006
Date Dale
BLOOMBERG,BLOOMBERG PROF58SIONAL,9LOOMBERG MARKETS. OLOOMBERG NEWS,BLOOMBERG TRADE90QK,13LOOMBERG SONDTRADER,BLOOMBERG
BLOOMBERG RADIO, BLOQMBERG.COM and BLOOMIdERG ANYWHERE ere trademarks and service marks of Bloomberg LP., a Delaware limited partnership. All
TELEVISION,
rlghis rooerved.
Account: 48SO22 Agreement. 1590339 Order. 1390339 DT: 1200 Page 3 of 3 SahGlobal 12/06/04
1111111111111111hill111111111111111II11111111IIIII111111111111111111111111111IIIHE1111111111111111111111111111IifIII111111III111III111111111111111111111
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RESOLUTION NO. 8720
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
BLOOMBERG AGREEMENT, SCHEDULE OF SERVICES AND
DATAFEED ADDENDUM BY AND BETWEEN THE CITY OF VERNON
AND BLOOMBERG L.P., THROUGH BLOOMBERG, INC., A
GENERAL PARTNER
WHEREAS, the City of Vernon ("City") is constructing a 134
MW Combined Cycle Power Plant, the Malburg Generating Station for the
purpose of installing additional generating capacity that will yield
Ian efficient, cost-effective, and reliable source of electric
generation to the City's inhabitants; and
WHEREAS, the City has constructed a natural gas distribution
system served at two locations (Bandini/Downey and Fruitland/Downey)
from SoCalGas Transmission Line 756 and two regulator stations are
located at the two locations to distribute gas from the transmission
system into the distribution system located in the City (the "Vernon
Gas System"); and
WHEREAS, the City desires to subscribe to a service that
provides technical and fundamental market information in an analytical
format as well as NYMX and NYSE real-time information (collectively,
the "Market Information") to assist the City in its decision -making
process regarding power, gas and financial transactions and to
expedite the receipt of such Market Information; and
WHEREAS, Bloomberg L.P., through Bloomberg, Inc., a General
Partner ("Bloomberg"), is a service provider for the Market
Information and the City desire to enter into a Bloomberg Agreement
Number 1598339, Bloomberg Schedule of .Services, Bloomberg Datafeed
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Addendum and Bloomberg Real -Time Order Form setting forth the terms
and conditions under which Bloomberg will provide the Market
Information; and
WHEREAS, in order to meet the urgent need to mitigate the
risk of fluctuating energy prices and increase the City's ability to
take advantage of economic opportunities, the City Administrator
executed the necessary documents to be a subscriber of Bloomberg,
subject to ratification by the City Council; and
WHEREAS, on April 5, 2005, the Finance Committee considered
the recommendation of Bruce V. Malkenhorst, the Director of Finance,
dated March 31, 2005, that the actions of the City Administrator in
executing the various subscriber documents with Bloomberg be ratified;
and
WHEREAS, the City Council desires to approve and ratify the
various subscriber documents, as executed by the City Administrator;
and
WHEREAS, the City Council of the City of. Vernon has
determined that, pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to ratify entering into the various subscriber documents
with Bloomberg.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
ratifies the execution of the Bloomberg Agreement Number 1598339 on
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February 28, 2005, the Bloomberg Schedule of Services on February 28,
2005, the Bloomberg Datafeed Addendum on February 28, 2005 and the
Real -Time Order Form, a copy of which is attached hereto as Exhibit A
and incorporated by reference.
SECTION 3: 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 13t' day of April, 2005.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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LEONIS C. , LBUR , Mayor
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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.
8720, was duly adopted by the City Council of the City of Vernon at a
special meeting of the City Council duly held on Wednesday, April 13,
2005, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
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BRUCE V. MALKENHORST, City Clerk