HomeMy WebLinkAboutResolutions - No. 2013-84RESOLUTION NO. 2013-84
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO APPROVE AND ADOPT THE
NORTHERN CALIFORNIA POWERAGENCY (NCPA)
AGREEMENT REGARDING THE USE AND NON -DISCLOSURE
OF INFORMATION FOR NCPA PROJECTS
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WHEREAS, the City of Lodi (City) is a signatory to the Northern California Power
Agency (NCPA) Joint Powers Agreement and is a member of NCPA; and
WHEREAS, the City is a participant in several NCPA generation projects and is a
signatory to NCPA service agreements; and
WHEREAS, in providing services to the City, NCPA creates and manages data and
information that is of a commercially sensitive nature as defined and as practiced under various
Federal and California laws and regulations; and
WHEREAS, the City is entitled to access and use data and information directly
attributable to its proportionate participation share of NCPA generation and services; and
WHEREAS, NCPA makes this data available via a secured web -service commonly
referred to as the NCPA Data Portal and through other means; and
WHEREAS, City staff has established individual user accounts to the NCPA Data Portal
and has access to commercially sensitive data and information; and
WHEREAS, the information accessed via the NCPA Data Portal is vital to the business
operations and financial accounting practices of the City; and
WHEREAS, NCPA, under the direction of its governing board, has adopted and
approved The NCPA Agreement Regarding the Use and Non -Disclosure of Information for
NCPA Projects (NDA) to contractually facilitate future access to the NCPA Data Portal and
commercially sensitive data and information by its Members' staff and consultants; and
WHEREAS, NCPA, under the direction of its governing board, will not make
commercially sensitive data and information available absent a fully executed non -disclosure
agreement effective July 1, 2013; and
WHEREAS, executing the NDA would facilitate continued access to commercially
sensitive data and information and mitigate potential service interruptions; and
WHEREAS, the NDA would require the City to establish one staff person to act in an
administrative role whose duties would include establishing new users, modifying user account
privileges, annually renewing accounts, and deactivating user accounts; and
WHEREAS, the NDA would require that each City employee that directly accesses the
NCPA Data Portal to sign Exhibit A to the NDA.
WHEREAS, the NDA would require that each individual employed by a consultant under
contract with the City that works with or otherwise receives commercially sensitive data or
information related to NCPA Projects, as defined in the NDA, whether accessed directly or
indirectly, to sign Exhibit B to the NDA; and
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby:
Adopt and approve the NDA by and between the City and the Northern California
Power Agency (NCPA); and
2. Delegate authority to the City Manager to execute the NDA on behalf of the City;
and
3. Delegate authority to the Electric Utility Director, or his/her designee, to select a
Data Portal Administrator and update this selection as needed; and
4. Direct staff to evaluate access to the NCPA Data Portal and users of confidential
information and execute the appropriate NDA Exhibits; and
5. Direct staff to evaluate the need to develop internal policies and procedures in
accessing and using Confidential Information, as defined in the NDA.
Dated: May 1, 2013
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hereby certify that Resolution No. 2013-84 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 1, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and Mayor Nakanishi
NOES: COUNCIL MEMBERS —Johnson
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
HL
City Clerk
2013-84