HomeMy WebLinkAboutCC Reso 2013-11 - Northern California Power Agency (NCPA) Agreement Authorization RESOLUTION NO. 2013-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE
CITY MANAGER TO APPROVE AND ADOPT THE NCPA AGREEMENT REGARDING THE
USE AND NON-DISCLOSURE OF INFORMATION FOR NCPA PROJECTS
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WHEREAS, the City of Ukiah (City) is a signatory to the Northern California Power
Agency 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 have established individual user accounts to the NCPA Data
Portal and have 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; and
WHEREAS, the NDA would require that each individual employed by a consultant under
contract with the City that works with or othervvise 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.
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does
hereby:
1. Adopt and approves the NDA by and between the City and the Northern California
Power Agency; and
2. Delegates authority to the City Manager to execute the NDA on behalf of the City; and
3. Delegates authority to the Electric Utility Director, or his/her designee, to select a Data
Portal Administrator an update this selection as needed; and
4. Directs 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.
PASSED AND ADOPTED by the City of Ukiah Council on May 15, 2013, by the following roll
call vote:
AYES: Landis, Rodin, Thomas, Baldwin, and Crane
NOES: None
ABSTAIN: None
ABSENT: None
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uglas F. Crane, Mayor
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Kristine Lawler, City Clerk