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HomeMy WebLinkAboutResolution - 4527 - Contract - RMI Inc - Resource Planning Activities, LP&L - 06_23_1994Resolution No. 4527 June 23, 1994 Item #16 RESOLUTION 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 a Contract and all related documents by and between the City of Lubbock and Resource Management International Inc., (RMI) of Austin, Texas for a professional services agreement for Lubbock Power and Light, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: &A--- A, c)v-� Betty M. Johnson, ity Secretary APPROVED AS TO CONTENT: day of June obert Massengale, Assistant y Manager APPROVED AS TO FORM: \ ' D ald G. Vandiver, First Assistant City Attorney DG V: dp\G Accdocs\RMJ.Res June 13, 1994 1994 Resolution No. 4527 June 23, 1994 Item #16 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 23rdday of June 1994, by and between Resource Management International, Inc. ("RMI" ), a California corporation, and the City of Lubbock, Texas and Lubbock Power & Light ("LP&L"), for professional and related services to be provided to LP&L. SCOPE OF SERVICES This Agreement will cover the preparation of resource planning activities by RMI for LP&L. The work will be performed in a phased approach With specific services defined in separate task orders ("Task Orders"). A broad description of the scope of services to be included within these resource planning activities is provided in Exhibit A - "Resource Planning Services". Services shall be provided to LP&L by RMI pursuant to separate task orders ('Task Orders"). Each task or project which LP&L desires RMI to undertake shall be defined in a separate Task Order. Each such Task Order shall be effective upon execution and shall thereafter become a part of this Agreement. Each Task Order shall be consecutively numbered with the year and sequence number (e.g., 94-01), and include a description of the scope of services to be provided, the time for completion, a budget, and the method of compensation for the services defined in such Task Order. II FEES FOR SERVICES Except as may otherwise be set forth in a specific Task Order, for services provided by RMI to LP&L pursuant to this Agreement, LP&L shall pay RMI in accordance with the rates and charges set forth in Exhibit B, "Fees for Services," attached hereto. III BILLING AND PAYMENT RMI shall submit a monthly statement to LP&L setting forth the amount due for services and itemizing amounts due for expenses. LP&L shall pay the full amount of such statement within thirty (30) days after receipt. Any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge equal to the lesser of one and one-half (1-1 /2) percent or the maximum rate permitted by law, for each month or fraction thereof past due. IV INDEPENDENT CONTRACTOR RMI shall provide services to LP&L as an independent contractor, not as an employee of LP&L. RMI shall not have or claim any right arising from employee status. RMI RN1 i , \<,i ,i i i i o-, v I, I,< V TERMINATION OF AGREEMENT (a) Unless otherwise terminated as provided herein, this Agreement shall terminate December 31, 1996 ('Expiration Date"). Unless otherwise directed by LP&L, RMI shall complete Task Orders in effect on the Expiration Date of this Agreement. (b) Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice to the other Party- (c) Upon termination of this Agreement, RMI shall have no further obligation to provide services to LP&L. If the Agreement is terminated prior to completion of the services to be provided hereunder, RMI shall render a final bill for services to LP&L within thirty (30) days after the date of termination, and LP&L shall pay RMI for all fees earned and expenses incurred prior to the date of termination in accordance with Section III. VI INSURANCE (a) RMI shall maintain in effect at its own expense, employer's liability insurance, one - million dollars ($1,000,000) aggregate of comprehensive general liability insurance (bodily injury and property damage), five -hundred thousand dollars ($500,000) aggregate of comprehensive automobile liability insurance (bodily injury and property damage) with respect to RMI employees and vehicles assigned to the prosecution of work under this Agreement, and one -million dollars ($1,000,000) aggregate of profes- sional liability insurance. RMI shall also maintain statutory worker's compensation insurance. (b) RMI shall obtain and thereafter maintain in effect, if available, such additional insurance as may be requested in writing by LP&L, the cost of which will be reimbursed by LP&L. VII LIABILITY (a) RMI shall indemnify and hold harmless LP&L, its directors, officers, partners, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, for which RMI is determined to be legally liable resulting from negligent acts, errors, or omissions by RMI, its directors, officers, agents, and employees in performance of services re- quired by this Agreement. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors or omissions, whether active or passive, by LP&L, its directors, officers, partners, agents, employees, or by others are excluded from RMI's obligations pursuant to this paragraph. 2 RMI RM (b) RMI's obligations to indemnify and hold LP&L harmless shall be expressly limited to the proceeds of its applicable insurance coverage, and shall terminate one (1) year after termination of this Agreement. (c) LP&L shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, for which LP&L is determined to be legally liable resulting from negligent acts, errors or omissions by LP&L, its directors, officers, partners, agents, and employees. Liability, claims, demands, damages, losses, or expenses resulting from the negligent acts, errors, or omissions, whether active or passive, by RMI, its directors, officers, agents, employees, or by others are excluded from LP&L's obligations pursuant to this paragraph. This obligation shall terminate one (1) year after termination of this Agreement. (d) In the event that LP&L makes a substantive change or uses in another department or for other purposes any of the information or materials developed by RMI pursuant to this Agreement, RMI is released from any and all liability relating to their use and LP&L shall indemnify and hold harmless RMI, its directors, officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not limited to attorney's fees, arising out of such changes or use. (e) Nothing in this Agreement shall be construed to create a duty to, any standard of care with reference to, or any liability to any person not a party to this Agreement. (f) RMI shall not be liable to LP&L for incidental or consequential damages. VIII SUCCESSORS IN INTEREST This Agreement shall be binding on, and inure to the benefit of, each party s successors in interest, including their heirs, legatees, assignees, and legal representatives. IX WAIVER Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. X SEVERAL OBLIGATIONS Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, 3 RMI obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. XI AMENDMENT All changes or modifications to this Agreement shall be in writing and signed by both parties. XII GOVERNING LAW This Agreement shall be construed and interpreted according to, and the rights of the parties shall be governed by, the laws of the State of Texas. XIII ATTORNEY'S FEES If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses, in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement. XIV ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supercedes all prior and contemporaneous offers, promises, represen- tations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. XVI NOTICES (a) Any notice, demand, information, invoice, report, or item otherwise required, authorized, or provided for in this Agreement, unless otherwise specified herein, shall 4 RMI be deemed properly given if delivered in person or sent by United States Mail, First Class postage prepaid: To RML Resource Management International, Inc. P. O. Box 15516 Sacramento, CA 95852-1516 To LP&L: Lubbock Power & Light P.O. Box 2000 Lubbock, Texas 79457 (b) All notices shall be deemed effective upon receipt by the party to whom such notice is given. XVII SIGNATURE CLAUSE The sig ones here went that they are authorized to enter into this Agreement on nenatvm tne.#varty for w 1?'ity u bo xas Resource Management International, Inc. avid R. Langston, May By: Attest: V - , Its: �— J Betty M. JAnson,—CfAy Secretary k ro ed as to Content:rt Massengale, Asst. City anager Approved as to Form: onald G. Vandiver, First ssistant Cit� Attorney RMI EXHIBIT A Resource Planning Services The Resource Planning Services to be performed by RMI under terms of this Agreement will involve a comprehensive assessment of power resources options. Included in the options to be considered will be: rehabilitation and expansion at LP&L's current generation plants; purchasing power and energy from other utilities or power providers; purchasing capacity in other existing or planned generation facilities; participating jointly in project development and ownership with other utilities; and, development of additional demand -side management programs. Careful consideration will be given to the current condition and ability of the existing LP&L generation facilities to provide future power supply. Completion of the activity included in this work will result in the development of a least cost resource plan and provide the information necessary to assess which long-term power supply strategy is the best for LP&L. The three long- term power supply strategies to be evaluated include: Continue past policy of not making major expenditures to rehabilitate existing LP&L generation facilities and rely on purchased power from SPS for all incremental requirements; or, Sell LP&L generation facilities and enter into power purchase contracts for the supply of power; or, Develop and implement a least cost integrated resource plan utilizing the best mix of existing LP&L generation facilities, purchase power options, participation in joint projects with others, or other viable alternative. The work will be performed in a phased or incremental manner. Much of the work to prepare subsequent detailed evaluations will be dependent upon results of initial assessments and interim determinations of the more feasible power supply options to be studied. The following is a brief outline of potential activity to be included in this work: I. Resource Planning Program Assessment A. Review LP&L utility data B. Review performance of LP&L generation facilities C. Screen potential resource options for future consideration D. Evaluate the appropriateness of completing near -term improvements to LP&L existing generation facilities E. Recommend detailed approach to be used in evaluating the three alternatives II. Plant Life Assessment A. Evaluate unit performance B. Evaluate environmental conditions C. Identify improvements required to extend life D. Summarize findings for review with LP&L A-1 RMI I11. Establish Potential Resource Options A. Explore capacity purchase alternatives B. Solicit power purchase alternatives C. Define opportunities for joint project development D. Define plans to rehabilitate/repower LP&L units E. Identify DSM opportunities F. Summarize findings and review with LP&L IV. Least Cost Plan Development A. Screen alternatives to identify preferred options B. Develop alternative integrated plans C. Perform economic model case studies D. Refine evaluation to identify preferred plan E. Summarize findings and review with LP&L V. Perform Long-term Power Supply Business Strategy Assessment A. Develop economics and operational characteristics of continuing current power supply strategies B. Estimate economics and operational characteristics of selling LP&L generation and purchasing power C. Compare results of V-A and V-B with results of work in Plan IV Least Cost Plan Development D. Summarize findings and review with LP&L VI. Plan Implementation RMI is committed to support LP&L implementation of whatever course of action results from the Phase V assessment and is adopted by LP&L. These activities could include but are not limited to: - support development of joint projects - support negotiations of additional power supply contracts - support detailed definition of improvements to LP&L plants - support activities to sell LP&L generation facilities All investigations and evaluations will be prepared in close coordination with LP&L staff. Considerable on -board review will be held with LP&L staff throughout the performance of the work to insure efficient integration of staff knowledge. Individual Task Orders will be submitted for authorization by LP&L for the individual phases of the work. These will be submitted as subsequent work activity is defined. Specific detailed scopes of service, schedules, and budgets will be provided for each Task Order. A-2 RMI Ri tntuc i 11n� ��.i �ii � i EXHIBIT B Fees for Services Professional and support services, except testimony, shall be billed at the following rates: Managing Executive Consultant $145 per hour Principal Executive Consultant $130 per hour Executive Consultant $125 per hour Principal Consultant $115 per hour Supervising Consultant $103 per hour Senior Consultant $ 93 per hour Associate Professional $ 81 per hour Analyst $ 71 per hour Research Assistant $ 54 per hour Technician $ 47 per hour Office Services $ 43 per hour Testimony shall be billed at not less than eight (8) hours per day. The above rates shall be adjusted each year, commencing January 1, 1995, to reflect the change in rates officially established by the RMI Board of Directors. Reproduction, printing, communications, computer services, graphics, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by the RMI Board of Directors. All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated with the provision of services hereunder shall be billed at cost. Automobile mileage shall be billed at $.25 per mile. Client shall reimburse RMI for any applicable sales tax imposed on services rendered by RMI to Client. ff FRMI R stint r,; i %i Date: June 23, 1994 TASK DESCRIPTION TO PROFESSIONAL SERVICES AGREEMENT BETWEEN RESOURCE MANAGEMENT INTERNATIONAL, INC. AND LUBBOCK POWER & LIGHT DATED jUNE 23, 1994 TASK ORDER NO. 94-01 RESOURCE PLANNING PROGRAM ASSESSMENT This Task Order defines a Scope of Services, Schedule, and Budget for work to be completed by Resource Management International, Inc. (RMI) for Lubbock Power & Light (LP&L). This work is the first phase of the work scope described in Exhibit A - 'Resource Planning Services" of the Agreement. The work to be accomplished in this Task Order will serve as the basis for subsequent investigation and evaluation in association with a comprehensive resource planning activity for LP&L. The information learned and positions established as a result of completing this Task Order will define the direction and content of more detailed assessments. Completion of the work outlined in this Task Order will result in RMI accomplishing the following objectives: • Acquire a working knowledge of LP&L's current forecasting, generation, fuel supply, and purchase power program; • Assess existing power production capability and potential future value of LP&L generation facilities; • Identify potential resource options to be considered in subsequent detailed investigations; • Consider proposed near -term generation facility improvements and prepare appropriate recommendations; • Define: - Subsequent plant evaluations to more accurately portray future availability and cost of operation of LP&L generation; - Resource options to be included in detailed investigation; and, - Type and extent of resource modeling to be included in subsequent evaluations. 94.01-1 RN11 • Define approach to be used to evaluate the following three alternative strategies for providing long-term power resources to LP&L: - Continue past policy of not making major expenditures to rehabilitate existing LP&L generation facilities and rely on purchased power from SPS for all incremental requirements; or, - Sell LP&L generation facilities and enter into power purchase arrangements for the supply of power; or, - Develop and implement a least cost integrated resource plan utilizing the best mix of existing LP&L generation facilities, purchase power options, participation in joint projects with others, etc. SCOPE OF SERVICES 1-A Review the following LP&L utility data: • Energy and load forecast - forecast methodology - statistical inputs - load duration data • Utility financial records • Purchase power contracts - terms/status of current contract(s) - cost history of firm and non -firm purchases - wheeling arrangements • Generation planning information • Fuel Supply - historic purchase arrangements and costs - future supply alternatives • Meet with LP&L to discuss findings 1-B Review performance of LP&L generation facilities: • Equipment records - age, rating, heat rate, etc. - operational history • O&M expenses - plant staffing - overhaul schedules (past and future) - unit operational expenses 94.01-2 RMI • Monthly production statistics - production levels - fuel costs • Unit inspections - walk -down inspection - meetings with plant staff to discuss O&M history and current condition • Summarize findings from inspection, recommend additional detail unit performance testing, and meet with LP&L to review. Following review with LP&L, RMI will submit an additional Task Order identifying unit performance testing and additional detailed inspections to be completed. RMI will be prepared to initiate work upon authorization by LP&L. 1-C Screen potential resource options for future consideration • Identify potential power supply options: - purchase power - capacity purchase (ownership) - joint project development - plant expansions and upgrades • Perform preliminary evaluation to identify most feasible options: - broad -stroke economic spreadsheet review - environmental considerations Summarize findings for review with LP&L and define type and extent of future generation plan modeling to be completed. 1-D Evaluate the appropriateness of completing near -term improvements to LP&L existing generation facilities. • Review proposed improvements to two existing units. - Assess value of improvements within a group of defined alternative resource options. • Summarize findings for review with LP&L. 1-E Recommend detailed approach to be used in evaluating the three alternative long-term power supply strategies identified above. SCHEDULE A proposed schedule indicating the phasing and time frames to complete the above -identified sub -tasks 1-A through 1-E is presented on the attached Task Order 94-01 Schedule. Adjustments will be made to the Schedule to respond to the availability of information from LP&L and others necessary to complete the outlined sub -tasks. 94.01-3 RMI I i u I I U I t As outlined in subtask 1-B, RMI will submit a new Task Order with a detailed scope of services for detailed inspections and/or testing services to evaluate current unit performance and condition immediately upon completion of work outlined in sub -task 1-13. Work will be initiated on this additional Task Order immediately upon authorization by LP&L and potentially before completion of all other work to be performed on Task Order 94-01. BUDGET A budget of $60,000 is proposed to complete sub -tasks 1-A through 1-E. Billing for RMI time will be made in accordance with Exhibit B, Fees for Services, to the Professional Services Agreement. Should changes in the level of work projected to complete sub -tasks 1-A through 1-E be encountered, RMI will notify LP&L, documenting the factors contributing to the change in work and associated budget, and request an amendment to the Task Order budget. The budget will not be exceeded without written authorization from LP&L. This Task Order is authorized and made an attachment to the above identified Professional Services Agreement through the signatures below. Dated: June 23, 1994 Accepted by Resource Management International, Inc. 94.01-4 RMI RESOURCE PLANNING WORK PLAN Task Order 94-01 Schedule Lubbock Power & Light Sub -Task Week 1 2 3 4 5 6 7 8 Actift Task Order 1: Resource Planning Program Assessment A. Utility Data Review ...... .. .... . ..... .... . .. . .. .. . . .. 1. Review load and energy forecast 2. Review utility financial data 3. Review purchased power contracts 4. Review generation planning information 5. Review fuel supply contracts 6 Meet and discuss findings with LP&L B. Plant Performance Review .......... .... 1. Review equipment records 2. Review O&M expenses 3. Review monthly production statistics 4. Perform preliminary plant inspections 5. Summarize findings and review with LP&L C. Resource Option Screening 1. Identify potential power supply options 2. Perform preliminary evaluation of options 3. Summarize findings and review with LP&L D. Feasibility Assessment of Near -Term Improvements ..... . ....... ...................... ..... ..... .. .. . ....... 1. Review proposed plant improvements 2. Assess value of improvements to power supply 3. Summarize findings and review with LP&L E. Approach to Evaluating Alternative Long Term Power ..... . . ... .. Supply Strategies . . . . . . . . . . . . . . . . . . . . . . . Page 94.01 - 5 City Council Meeting Minutes June 23, 1994 Item #16 Consider Resolution #4527 authorizing the Mayor to execute a Professional Service Agreement between the City of Lubbock and Resource Management International. [The following is a verbatim transcript of the discussion related to Item #16.] Massengale: Mayor and Members of the Council, the staff is recommending that we enter into this agreement in order to provide a power supply study for the electric utility for the city. Due to the continued growth of our electric utility over the years, we are approaching the need to make sure we know where we're going in the future as far as whether we purchase power or whether we generate the power or whether we enter into agreement with other entities that may be involved in either gas or electric generation. The purpose of this study would be to advise us and help us develop a plan of direction in that in the future. This project would begin immediately after approval and the current schedule which is in your agenda backup would culminate in the spring of 1995. It is in six different segments, and we scheduled the segments of the study so that we can make some decisions earlier on some aspects of our generation, whether or not to do some work on some generation we currently have. Then, as it goes further, it would involve other aspects of generation and purchased power and involvement of other entities. Some other entities have also expressed a desire to assist in some of this study. Mayor: Mr. Massengale, it is my understanding that the reason that this study is necessary is because we've got some decisions to make with respect to generators that may need to be replaced or generators that we need to add to our system. It is my understanding that we could be looking at expenditures that would be in the area of $40 million or something of that nature. Is that correct? Massengale: That is possible in the very long term, but at this time I can't see any expenditures in that range. What we will be looking at early on would just be the possibility of whether or not we bring the old Plant 2 up to the state where we can use it more often. Considering growth in the long term, you are correct. We would need to consider whether or not we continue to generate power or purchase power. If we were to generate all of our power rather than buy it, you would be looking at something in that neighborhood. Mayor: How much money in this current year budget will LP&L contribute to the general fund? Massengale: Approximately $6 million. Mayor. What has been the historical experience with respect to that? Massengale: LP&L has always contributed to the general fund. There have been periods of time that it also borrowed money back from the general fund. In 1980, it had accumulated an advance from the general fund of about $6 million and has since paid that back. It was always still contributing to the general fund, but not as much as it does now. Cooke: That $6 million doesn't include a lot of the peripheral things, the services that they provide --street lighting. City Council Meeting June 23, 1994 Item #16 Verbatim Transcript Page 2 Massengale: That does include street lighting, but not the other services that they would occasionally provide for special events. Cooke: West Texas Municipal Power Authority has agreed to share some of the costs of this because it also will involve the other municipal power companies in the immediate area. Neugebauer: It is critical before we engage in any major capital programs to analyze what the trends are in the industry. Massengale: That is correct, sir. There are a lot of changes going on immediately as far as the possibility of wheeling power that is opening up. We may have opportunities to buy power from other sources. Mayor: What kind of total investment do the citizens of Lubbock have in LP&L. Massengale: The book value of LP&L (that's at cost) would be about $80 million; that's the depreciated book value. Replacement cost would be a lot more than that. Mayor: It is my understanding also that the natural gas contract may be coming up for negotiation. The cost of natural gas directly impacts the cost of electric service that we can provide to our citizens. Massengale: That is correct. The natural gas contract negotiations are basically complete, and we will be bringing that to you within the next couple of Council meetings. Neugebauer: Mr. Mayor, I would move that we approve Item #16. Patterson: Second, Mr. Mayor. Hernandez: Robert, if I remember correctly, we had an off -Thursday briefing some months back concerning these items --our different options, how much it would cost, cost analysis. How is this outside firm going to differ in their analysis from what the internal analysis has already shown us? Massengale: I think that we were only looking at one alternative at that time. They will cover that alternative plus several other alternatives. They will also explore with other entities what their desires are, what their needs are, and where the possibility is of making joint arrangements. It is just a much broader study. Hernandez: The alternatives that you are listing here, one through five --so what you're telling us is that this outside firm is not going to be considering or taking a look at or analyzing selling LP&L? Massengale: Part of their charge is to look at the possibility of selling the generation only. Hernandez: Not the distribution? Massengale: That is correct. Hernandez: That is #1, 1 guess? Massengale: These are alternatives that may come out of it, but in the contract it is specified in six different segments. City Council Meeting June 23, 1994 Item #16 Verbatim Transcript Page 3 Mayor: What I am concerned about is that this be a comprehensive study, that it looks at all alternatives, that we have enough information to make decisions on whether or not we want to remain in the generation business, or what exactly the options are. Will that information be provided to us through this study? Massengale: It will be, especially since you just said that. Neugebauer: I think that I concur with the Mayor that with an entity that is currently generating $6 million a year to our general fund, if that income stream is disturbed --we've had a lot of discussion about taxes today --and that equates to several pennies of tax rate. So, I think it is incumbent upon us to make sure that we look at a wide spectrum of alternatives about how we continue to produce power for the citizens of Lubbock and make sure that we have an adequate power source for not only our existing base but also our future base. At the same time, looking at the financial needs of our city, one being the ability of LP&L to continue to generate those kinds of revenues, and, secondly, if they would not, we would have to replace those revenues. I don't want to limit the consulting firm. I don't think there is anything off limits as far as the study. We need to take a very wide look at the whole issue. There are entities doing this same thing all over the country, all the way from wheeling their power to municipalities getting completely out of the power business, and selling facilities to private enterprise to co-oping. Hopefully we will be looking at all of those. Massengale: The way we developed this proposal is that we will look at each segment as they come up. Mayor, what you just ask is not currently in one of these items, but it would be in one of the later items such as, under the contract, page 2, roman numeral five, it says, "Perform long-term power supply business strategy assessment." We would adjust the scope at that time to include what you just said, which would also include looking at the distribution system. Hernandez: I noticed that the cost is approximate. Is there a cap being placed on this? Massengale: There is not a cap. We will need to, and have an opportunity to, look at it each time. Hernandez: I understand that point, but I also don't want to spend $500,000 for something we initially thought might cost around $150,000. Massengale: I think we will have to monitor it to make sure it doesn't get out of hand. Mayor: Tell us a little about this company that is conducting this study, what kind of background they have, and experience. Massengale: The RFPs were evaluated by an internal committee. Resource Management International is an Austin -based company. At least the office that made this proposal is Austin based, but they are an international company. They have had a lot of experience in municipal utilities, and that was one of the evaluation criteria. They generally are an engineering study organization rather than a design group. They do studies like this or studies that deal with rate issues before public regulatory commissions. Based on their experience and the expertise of the individuals who would be involved, they were given the highest rating on the evaluation. West Texas Municipal Power Agency has used RMI for some work, so we have some experience with them. City Council Meeting June 23, 1994 Item #16 Verbatim Transcript Page 4 Mayor: Tell us who West Texas Municipal Power Agency is. Massengale: West Texas Municipal Power Agency is an organization of local cities that are in the electric utility business. That's Brownfield, Lubbock, Floydada, and Tulia. Mayor: I believe I had a motion by Councilman Neugebauer. Patterson: Call for the question, Mr. Mayor. Mayor: But I did not have a second. Patterson: I seconded it. Call for the question. Mayor: I have a motion and second by Councilman Patterson. The question has been called. Any further discussion is concluded because of the fact that the question has been called. All in favor respond by saying aye [Langston, Patterson, Sitton, Ince, Neugebauer]; any opposed by nay [Hernandez]. This item passed 6-1; 5-1, sorry [ Cooke absent from the Chambers].