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Home My WebLink AboutResolution - 2025-R0328 - 3Rd Amend. To Master Sales Agmt, Network Perf. Monitoring Serv. - Annual Pricing - 07/08/2025Resolution No. 2025-R0328 Item No. 6.36 July 8, 2025 ;.. _�i�i[i�L�7►i WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, the City and Itron entered into a Master Sales Agreement (the "Original Agreement"), on or about June 14, 2018, by City Council Resolution No. 2018-R0194 and Electric Utility Board Resolution No. EUB 2018-R0041, wherein Itron agreed to sell, and provide certain installation, maintenance, and support services relating to, automatic meters and metering, as described more particularly thereunder ("Services"); WHEREAS, the Original Agreement was amended by the First Amendment to Master Sales Agreement, dated March 10, 2020, by City Council Resolution No. 2020- R0084 and EUB resolution 2020-R0030 ("First Amendment"); WHEREAS, the Original Agreement was amended by the Second Amendment to Master Sales Agreement, dated September 22, 2021, by City Council Resolution No. 2021-R0437 and EUB resolution 2021-R0071 ("Second Amendment"); WHEREAS, the Original Agreement, as amended, is in need of further amendment to adjust the rates for additional work to continue the Services as provided in the Original Agreement, as amended; WHEREAS, the City of Lubbock 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 Third Amendment to Itron Master Sales 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 authorizes and directs the LP&L Chief Administrative Officer to execute for and on behalf of the City of Lubbock, the Third Amendment to Master Sales Agreement, by and between LP&L and Itron, 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 day of Ju1y, 2025. �1 �_ � ,�r MARK W. MCBRAYER, MAYOR ATTEST: C rtney Paz, City Secretary RESOLUTION WHEREAS, the City of Lubbock (the "City") and Itron, Inc. ("Ttron'� entered into a Master Sales Agreement, entered into on or about June 14, 2018, Electric Utility Boazd Resolution No. EUB 2018-R0041 and City Council Resolution No. 2018-ROi94 (the "Original Agreement") to provide the City with advanced electric meter infrastructure and advanced water meter infrastructure; WEIEREAS, the Original Agreement was amended by the First Amendment to Master Sales Agreement, dated March 10, 2020, by City Council Resolution No. 2024-R0084 and EUB resolution 2020-R0030 ("First AmendmenY'); WHEREAS, the Original Agreement was amended by the Second Amendment to Master Sales Agreement, dated September 22, 2021, by City Counci! Resolution No. 2021•R0437 and EUB resolution 2021-R0071 ("Second Amendment"); WHEREAS, the Electric Utility Board and the City Council of the City of Lubbock, possess joint jurisdiction over the contracting for the subject infrastructure and services due to the inclusion of both electric and water metering infrastructure; WHEREAS, LP&L and Itron wish to acijust certain rates to reflect changes to Network as a Service services provided; WHEREAS, the City and Itron wish to amend the Original Agreement, as amended, to address such issues; NOW THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board hereby authorizes and directs LP&L's Chief Administrative Officer to execute for and on behalf of the City of Lubbock, acting by and through Lubbock Power & Light, the municipally-owned elechic utility of Lubbock, Texas ("LP&L"), the Third Amendment to Master Sales Agreement, by and between LP&L and Itron, Inc., 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 ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: That the Electric Utility Board hereby recommends to the City Council of the City of Lubbock that it likewise approve a resolution authorizing the Third Amendment to Master Sales Agreement within ninety (90) days of this resolution. � 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 Lubback shall not likewise authorize the Chief Administrative �fficer or his ��. designee to execute this Third Amendment to Master Sales Agreement by and between LP&L and Itron, Inc. within days (90) days of the date hereof. Passed by the Electric Utility Board this 17th day of June, 2025. AT"TEST: -.�. �"` ,� �y = -�,dd�e�S�� Board Secretary ApPROVED AS TO CONTENT: Joe � hief dministrative O APPROVED AS TO FORM: Doarsign Envebpe ID: 42DA4E28-3F1D-4C78-AA23-F35874388A54 THIRD AMENDMENT TO MASTER SALES AGREEMENT This Third Amendment to Master Sates Agreement ("Third Amendment"), is entered into and effective this 20�' day of May, 2025, by and between City of Lubbock, Texas, acting by and through its Electric Utility Board and City Council ("City"), and Itron, Inc., a Washington corporation ("Itron"). WITNESSETH WHEREAS, the City and Itron entered into that certain Master Sales Agreement (the "Original Agreement"), on or about June 14, 2018, by City Council Resolution No. 2018-R0194 and Electric Utiiity Board Resolution No. EUB 2018-R0041, wherein Itron agreed to sell, and provide certain installation, maintenance, and support services relating to, aatomatic meters and metering, as described more particularly thereunder ("Services"); WHEREAS, the Original Agreement was amended by the First Amendment to Master Sales Agreement, dated March 10, 2020, by City Council Resolution No. 2020-R0084 and EUB resolution 2020-R0030 ("First Amendment"); WHEREAS, the Original Agreement was amended by the Second Amendment to Master Sales Agreement, dated September 22, 2021, by City Council Resolution No. 2021-R0437 and EUB resolution 2021-R0071 ("Second Amendment"); WHEREAS, the City requires changes to services and costs to continue services; ihlyd Miendrnent W MasOer 5fk6 Agneement—Itran, Inc. Doaisign Envebpe ID:42DA4E29.9F1�-4C76-AA23-F35874388A54 WHEREAS, the City and Itron now desire to amend the Original Agreement, as amended, to provide for such matters; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and ltron hereby amend the Origina! Agreement, as amended, as follows: 1. Annual Cost Brealcdown item NaaS-5: Network Performance Monitoring for $i43,833.00 on page 5 of Appendix 1 to the Uriginal Agreement is deleted and replaced with the following: a. Cisco CGR Maintenance: $ I 00,591.62 b. N2: $68,263.39 2. That the City of Lubbock and the Electric Utility Board delegate the authority to execute this agreement to the Chief Administrative Officer of LP&L. 3. Except as amended hereby, the terms and conditians of the Original Agreement, as amended, shall remain valid and subsisting as originally provided. IN WITNESS WHEREUF, City of Lubbock, acting by and through the Electric Utility Board of the City of Lubbock Thlyd Amendnxnt W Master Sales Agnecment—Itron, lnc. Docusfgn Envelope ID: 42DA4E29-3F1D-4C76-AA23-F35874388A54 APPROVED AS TO CONTENT: Joe , .P&L Chief Adm�nistra ' Officer APPROVED AS TO FORM: wan, L�&L ral Counsel Itron l�j�gton Corporation By� — � v�+�- -- �oel vach Name: Tlt�e: VP Tax� Corporate 7reasurer, MDBrA Thlyd Nnendment to Master Seles Agrten►ent — Itron, lnc.