HomeMy WebLinkAboutResolution - 2024-R0099 - CAO, 7Th Amendment PSA Dated May 29, 2018, TMG Utility Advisory Services, Inc - 02/27/2024Resolution No. 2024-R0099
Item No. 7.22
February 27, 2024
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WHEREAS, Lubbock Power & Light is the municipally-owned electric utility of
the City of Lubbock ("LP&L");
WHEREAS, by Professional Services Agreement dated effective June 14, 2018
(the "Original Agreement"), the City of Lubbock, acting by and through Lubbock Power
& Light, through action by the Electric Utility Board and the City Council, contracted
with TMG Utility Advisory Services, Inc. ("TMG"), to perform professional consulting
services related to implementation of various systems for LP&L, as more particularly
described in the Original Agreement;
WHEREAS, by First Amendment to Professional Services Agreement dated
August 20, 2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-
R0320 ("First Amendment"), LP&L and TMG agreed to amend the Original Agreement
as regards certain matters relating to the TMG Utility Forum;
WHEREAS, by Second Amendment to Professional Services Agreement dated
May 19, 2020, Resolution EUB 2020-R0083, and City Council Resolution No. 2020-
R0186 ("Second Amendment"), LP&L and TMG agreed to extend the term and
increased the not-to-exceed amount of the Original Agreement, as amended;
WHEREAS, by Third Amendment to Professional Services Agreement dated
January 19, 2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-
R0036 ("Third Amendment"), LP&L and TMG agreed to provide for additional support
hours necessary to complete the Services and increased the not-to-exceed amount
provided for in the Original Agreement, as amended;
WHEREAS, by Fourth Amendment to Professional Services Agreement dated
Apri120, 2021, Resolution EUB 2021-R00030 and City Council Resolution No. 2021-
R0160 ("Fourth Amendment"), the Original Agreement was amended to provide for
additional support hours to complete the Services, extend the term, and adjust the
compensation paid to TMG for such additional work;
WHEREAS, by Fifth Amendment to Professional Services Agreement dated
December 15, 2021, Resolution EUB 2021-R0094 and City Council Resolution No.
2022R0026 ("Fifth Amendment"), the Original Agreement was amended to provide for
additional hours to complete the Services, extend the term and modify the not-to-exceed
amount provided in the Original Agreement;
WHEREAS, by Sixth Amendment to Professional Services Agreement dated
August 15, 2023, Resolution EUB 2023-R0057 and City Council Resolution No. 2023-
R0450 ("Sixth Amendment") the Original Agreement was amended to increase the not-
to-exceed amount, adjust the rates, and to extend the term of the Original Agreement,
as amended;
WHEREAS, the Original Agreement, as amended, is in need of further
amendment to provide for additional hours for additional work to complete the Services
and extend the term as provided in the Original Agreement, as amended;
WHEREAS, LP&L desires to further amend the Original Agreement, as
amended, to provide for such matters; and
WHEREAS, the City Council of the City of Lubbock desires to authorize the
execution of the Seventh Amendment to TMG Advisory Services Professional
Services Agreement by the Mayor of the City of Lubbock. 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 Seventh
Amendment to Professional Services Agreement, by and between LP&L and TMG
Utility Advisory Services, Inc., as attached hereto and incorporated herein as though
set forth fully herein in detail, and any documents related thereto.
Passed by the City Council this 27th day of February, 2024.
TRAY PAY�, Mayor
ATTEST:
Courtney Paz, City Secretary
RESOLUTION
WHEREAS, Lubbock Power & Light is the municipally-owned electric utility
�f the City of Lubbock {"LP&L"};
WHEREAS, the City of Lubbock, acting by and through Lubbock Power &
Light, through action by the Electric Utility Board and the City Council, entered into a
Professional Services Agreement with TMG Utility Advisory Services, Tnc. ("TMG")
on June 14, 2018 {the "Original Agreement"), to provide services related to the
�Advanced Metering Infrastructure ("AMI"), Customer Information System ("CIS"},
Meter Data Management {"MOM") and Mobile Workforce Management {"MWFM")
projects (the "Activities" or " Services") as more particularly described in the Original
Agreement;
WHEREAS, by First Amendment to Professional Services Agreement dated
gust 20, 2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-
320 ("First Arnendment"), LP&L and TMG agreed to amend the Original Agreement
;arding the TMG Utility Forum;
WHEREAS, by Second Amendment to Professional Services Agreement
dated May 19, 202Q, Resolution EUB 2020-R0083, and City Council Resolution No.
2020-R0186 {"Second Amendment"), LP&L and TMG agreed to extend the term and
increased the not-to-exceed amount of the Original Agreement, as amended;
WHEREAS, by Third Amendment to Professional Services Agreement dated
January 19, 2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-
R0036 ("Third Amendment"}, LP&L and TMG agreed to provide for additional support
hours necessary to complete the Services and increased the not-to-exceed amount
provided for in the Original Agreement, as amended;
WHEREAS, by Fourth Amendment to Professional Services Agreement dated
April 20, 2421, Resoiution EUB 2021-R0030 and City Council Resolution No. 2021-
R0164 ("Fourth Amendment"}, the Original Agreement was amended to provide for
additional support hours to complete the Services, extend the term, and acijust the
compensation paid to TMG for such additional work;
WHEREAS, by Fifth Amendment to Professional Services Agreement dated
January 11, 2021, Resolution EUB 2Q21-ROU94 and City Council Resolution No. 2022-
ROQ26 ("Fifth Amendment"), the Original Agreement was amended to provide for
additional hours to complete the Services, extend the term, and modify the not-to-exceed
amount provided in the Original Agreement, as amended;
WHEREAS, by Sixth Amendment to Professional Services Agreement dated
August 15, 2023, Resolution EUB 2023-R0057 and City Council Resolution No. 2023-
RQ454 ("Sixth Amendment") the Original Agreement was amended to increase the not-
o-exceed amount, adjust the rates, and to extend the term of the 4riginal Agreement, as
WHEREAS, LP&L and TMG seek to amend the Original Agreement to
rovide for additional time for TMG to complete the Services;
WHEREAS, LP&L and TMG seek to amend the Original Agreement, as
, to address such matters; NOW, THEREFORE:
f BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF
ILUBBOCK:
THAT the Chair of the Electric Utility Board BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, acting by and through
Lubbock Power & Light, the municipally-owned electric utility of Lubbock, Texas
("LP&L"}, that certain Seventh Amendment to the Professional Services Agreement, by
and between LP&L and TMG Utility Advisory Services, Inc., as attached hereto and
incorporated herein..
BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE
CITY OF LUBBOCK:
THAT this Resolution shall be null and void if the City Council of the City of
Lubbock shall not likewise authorize and direct the Mayor of the City of Lubbock to
execute this Seventh Amendment to the Professional Services Agreement by and
between LP&L and TMG Utility Advisory Services, Inc. within sixty {60) days of the
date hereof.
Passed by the Electric Utility Board this 20th day of February, 2024.
TTEST:
ie Schulz,
APPRO 'D AS ONTENT:
J , Chie dmmist ' e Officer,
AP �RQ{VED A�TO FORM:
-�-.� �r� � r � IJ ^�r
Keli�Swan, LP�L General Counsel
SEVENTH AMENDMENT
to
PROFESSIONAL SERVICES AGREEMENT
This Seventh Amendment to Professional Services Agreement is entered into this 20`h day of
February, 2024, by and between the City of Lubbock, Texas, a Texas home rule municipal
corporation, acting by and through Lubbock Power & Light ("LP&L"), and TMG Utility Advisory
Services, Inc. ("TMG").
WITNESSETH
WHEREAS, by Professional Services Agreement dated June 14, 2018 {the "Original
Agreement"}, LP&L, through action by the Electric Utility Board and the City Council, contracted
with TMG to provide services related to the Advanced Metering Infrastructure ("AMI"), Customer
Information System ("CIS"), Meter Data Management ("MOM"} and Mobile Workforce
Management ("MWFM") projects (the " Activities" or " Services"} as more particularly described in
the original agreement;
WHEREAS, by First Amendment to Professional Services Agreement dated August 20,
2019, Resolution EUB 2019-R0054, and City Council Resolution No. 2019-R0320 ("First
Amendment"), LP&L and TMG agreed to amend the Original Agreement regarding certain matters
relating to the TMG Utility Forum;
WHEREAS, by Second Amendment to Professional Services Agreement dated May 19,
2020, Resolution EUB 2020-R0083, and City Council Resolution No. 2020-R0186 {"Second
Amendment"), LP&L and TMG agreed to extend the term and increaseci the not-to-exceed amount
of the Original Agreement, as amended;
Seventh Amendment to Professional Services Agreement - TMG Utility Advisory Services, Inc.
Page i
WHEREAS, by Third Amendment to Professional Services Agreement dated January 19,
2021, Resolution EUB 2021-R0008 and City Council Resolution No. 2021-R0436 ("Third
Amendment"), LP&L and TMG agreed to provide for additional support hours necessary to complete
the Services and increased the not-to-exceed amount provided for in the �riginal Agreement, as
amended;
WHEREAS, by Fourth Amendment to Professiona! Services Agreement dated April 20,
2021, Resolution EUB 2021-R0030 and City Councif Resolution No. 2021-R0160 ("Fourth
Amendment"), the Original Agreement was amended to provide for additional support hours to
complete the Services, extend the term, and adjust the compensation paid to TMG for such additional
work;
WHEREAS, by Fifth Amendment to Professional Services Agreement dated December 15,
2021, Resolution EUB 2021-R0094 and City Council Resolution No. 2022-R0026 ("Fifth
Amendment"), the Original Agreement was amended to provide for additional hours to complete the
Services, extend the term, and modify the not-to-exceed amount provided in the Original Agreement,
as amended;
WHEREAS, by Sixth Amendment to Professional Services Agreement dated August I5,
2023, Resolution EUB 2423-R0057 and City Council Resolution No. 2023-R0450 ("Sixth
Amendment") the Original Agreement was amended to increase the not-to-exceed amount, adjust the
rates, and to extend the term of the Original Agreement, as amended;
WHEREAS, TMG and LP&L have determined that additional time are needed to complete
the Services, related to providing consultation on various bug fixes in the live system.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, LP&L and Consultant agree as follows:
Seventh Amendment to Professional Services Agreement - TMG Utility Advisory Services, lnc.
Page 2
1. Article I of the Original Agreement, as amended, is defeted in its entirety and hereby
replaced with the following:
"The term of this Contract commences on the Et%ctive Date and continues without
interruption for a Aeriod of Performance scheduled from approximately May 2023
through March 2025."
2. Except as amended hereby, the terms and conditions of the Original Agreement, as
amended, shall remain valid and subsisting as originally provided.
IN WITNESS WHEREOF, the parties have executed this Seventh Amendment to Professional
Services Agreement by their duly authorized representatives as of the date first written above.
CITY OF LUBBOCK, acting by and through
Lubbock Power & Light
.ioel Iy , Chief Administra ' Ofiicer
�
APPROVER AS TO CONTENT:
Clint Gardner,�hief Customer O
APPROVED AS TO �ORM:
Seventh Amendment to Protessional Sen+ices Agreement - TMG Utllity Advisory Services, lac.
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/
; , �
r
�aral}�n �i�marr, LP&L� General Counsel
�,�� Su��
TMG Utility Advisory Services, Inc.
Doeu8lp�ed by:
�� ��� Pam Gl anvi 11
By:
B2�BBE90317E401...
President
Title:
Seventh Amendment to Professlonal Serv[ces Agreement - TMG Util[ty Advisory Services, Ina
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