HomeMy WebLinkAboutResolution - 2017-R0333 - Mutual Aid Agreement - 09/14/2017Resolution No.2017-R0333
Item No.6.27
September 14,2017
RESOLUTION
WHEREAS,Lubbock Power &Light is the municipally owned electric
utility of the City of Lubbock ("LP&L");
WHEREAS,the American Public Power Association has approached
LP&L regarding the potential provision of aid to other municipal electric utilities
related to damage anticipated to be caused by Hurricane Irma;NOW,
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock,that certain Mutual
Aid Agreement,as attached hereto and incorporated herein as though set forth
fully herein in detail,and any documents related thereto.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Director of Electric Utilities be and is hereby authorized to enter
into, for and on behalf of the City of Lubbock,separate agreements with
Requesting Signatories, containing terms and conditions and in form acceptable
to the City Attorney, LP&L General Counsel, and the City of Lubbock Risk
Manager.
Passed by the City Council this 14th day of September,2017.
Daniel M. Pope,Mayor
ATTEST:
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BeckV Garza,City Secretary
LOVED AS TO CONTENT
David McCalla.Director of Electric Utilities
APPROVED AS TO FORM:
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Richard tasner, LP&L General Counsel
Resolution No. 2017-RO333
Lubbock Power & Light
93 City Council
Item 6.27
Meeting Date: September 14, 2017
Summary:
Lubbock Power & Light ("LP&L") desires that the City Council approve a Mutual Aid Agreement
sponsored by American Public Power Association ("APPA") that authorizes LP&L to provide
lineworker and equipment services to other municipals that have experienced catastrophic damage. The
Agreement also allows LP&L to request such service from other municipals in the event catastrophic
damage is experienced in Lubbock.
Background/Discussion/Fiscal Impact:
Hurricane Irma is expected to cause widespread damage in Florida. There are many municipally -owned
electric systems in Florida that are anticipating needing assistance to restore electric service.
Florida municipals through APPA have requested assistance from other municipals nationwide. Since
the storm path is expected to cause damage in neighboring states, it is anticipated that close -by systems
will not be able to provide assistance because they will be dealing with damage in their own service
territories.
The proposed APPA-sponsored Mutual Aid Agreement makes clear that LP&L expects to be reimbursed
for its actual labor, equipment, travel, and other expenses for performing this service. In addition,
execution of the agreement does not require us to provide assistance.
A separate mutual assistance agreement will be executed by LP&L and each individual entity that LP&L
performs work for. This separate agreement will include terms and conditions for indemnity, damages,
and warranty that will provide additional protections to LP&L. The resolution provides for authority
to the Director of Electric Utilities to execute this agreement, with terms as approved by the City
Attorney, LP&L General Counsel, and City of Lubbock Risk Management.
Recommendation:
Approve the APPA Mutual Aid Agreement and grant authority for separate mutual assistance
agreements as approved by the City Attorney, LP&L General Counsel, and City of Lubbock Risk
Management.
MUTUAL AID AGREEMENT
In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid
Agreement agrees to render aid to any of the other Signatories as follows:
1.) Request for aid. The Requesting Signatory agrees to make its request in writing to the Aiding
Signatory within a reasonable time after aid is needed and with reasonable specificity. The
Requesting Signatory agrees to compensate the Aiding Signatory as specified in this Agreement and
in other agreements that may be in effect between the Requesting and Aiding Signatories.
2.) Discretionary rendering of aid. Rendering of aid is entirely at the discretion of the Aiding Signatory.
The agreement to render aid is expressly not contingent upon a declaration of a major disaster or
emergency by the federal government or upon receiving federal funds.
3.) Invoice to the Requesting Si ng atory. Within 90 days of the return to the home work station of all labor
and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting
Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The
invoice shall contain only charges related to the aid provided pursuant to this Agreement.
4.) Charges to the Requesting Signatory. Charges to the Requesting Signatory from the Aiding Signatory
shall be as follows:
a.) Labor force. Charges for labor force shall be in accordance with the Aiding Signatory's
standard practices.
b.) Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special
equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for
such equipment in the Aiding Signatory's location.
c.) Transportation. The Aiding Signatory shall transport needed personnel and equipment by
reasonable and customary means and shall charge reasonable and customary rates for such
transportation.
d.) Meals, lodging and other related expenses. Charges for meals, lodging and other expenses
related to the provision of aid pursuant to this Agreement shall be the reasonable and actual
costs incurred by the Aiding Signatory.
5.) Counterparts. The Signatories may execute this Mutual Aid Agreement in one or more counterparts,
with each counterpart being deemed an original Agreement, but with all counterparts being
considered one Agreement.
6.) Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date
indicated.
Date
Ent
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Please send signed agreement to:
American Public Power Association
ATTN: Michael Hyland
Sr. Vice President, Engineering Services
2451 Crystal Drive, Suite 1000 1 Arlington, VA 22209-4804
E-mail: MutualAidApublicpower.org I Fax: 202/ 467-2932
name/ state)
(please print)
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Questions about this agreement should be directed to APPA's Engineering Services department at
Mutua1Aid(a»publicpower. org or 2021467-2900.
CITY OF LUBBOCK, TEXAS
Daniel M. Pope, Mayor
ATTEST:
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Bet y Garza, City Secreta y
APPROVED AS TO CONTENT:
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David McCall;, Director of Electric Utilities
APPROVED AS TO FORM:
Richard Casner, LP&L General Counsel