HomeMy WebLinkAboutResolution - 2003-R0274 - Services Agreement - West Texas Municipal Power Agency - 07/10/2003Resolution No. 2003-RO274
July 10, 2003
Item No. 45
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 an Amendment to the
Services Agreement by and between the City of Lubbock and the West Texas Municipal
Power Agency, which 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
10th day of July 2003.
ATTEST:
Rebecca Garza, City Secretary IN.
APPROVED AS TO CONTENT:
Gary Zheng, Chief Operations Officer, LP&L
APPROVED AS TO FORM:
Ma/t ew L. Wade, Assistant City Attorney
ccdocs/SvcAgrmt-W TMPA.res
July 1, 2003
Resolution No. 2003-R 0274
July 10, 2003
Item No. 45
AMENDMENT NO.1 TO SERVICES AGREEMENT
The City of Lubbock and the West Texas Municipal Power Agency (WTMPA) do hereby
agree to amend the Services Agreement between WTMPA and the City of Lubbock, dated March
5, 2003, by adding a Section 1.7 to such agreement which states as follows:
"1.7: Insurance Coverage. In the event the parties determine that for
economic and other administrative reasons, it will be more cost effective for the
City, WTMPA and the other WTMPA members, for the City to add WTMPA as
an additional insured to the City's insurance policies, the City may add WTMPA
as an additional insured to the City's policies with the consent of WTMPA. This
provision shall apply to WTMPA's contractual requirements to provide insurance
contained in the following agreements: Section 1.4 above; the Amended Power
Sales Contract by and between WTMPA and the member cities, dated April 1,
1998; the Operations Management Agreement by and between the City and
WTMPA dated April 23,1998; the Ground Lease Agreement by and between the
City and WTMPA dated April 23, 1998; and any other contractual or other
requirements of WTMPA to provide insurance and in which the City and
WTMPA agree and determine that for economic and other administrative reasons,
it will be more cost effective for the City to add WTMPA as an additional insured
to the City's insurance policies.
Pursuant to Article III of this Agreement, the City shall invoice WTMPA
and WTMPA shall promptly pay the City the City's costs of including WTMPA
as an additional insured on the City's policies. It further being understood that
each member city of WTMPA will be responsible for their portion of any
deductible required under any insurance policy to which WTMPA is an insured
party, proportionate to their Net Energy Received From Others percentage as that
term is defined in the Amended Power Sales Contract.
The City shall furnish WTMPA a copy of all City insurance policies in
which WTMPA is named as an additional insured party. In the event either party
has concerns pertaining to the amount or extent of coverage under the policies,
they shall notify the other party of such concerns and diligently and in good faith
work to resolve such concerns."
All other terms and provisions of the Services Agreement not specifically and expressly
amended herein remain in full force and effect.
Page 1 of 2
CITY OF LUBBOCK:
Date:
ATTEST:
Mayor
, 2003
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
.-7 �--
Gary Zheng, Chief Operations Officer
Department of Electric Utilities
APPROVED AS TO FORM:
Ma ew L. �WadeAssistant City Attorney
Page 2 of 2
WEST TEXAS MUNICIPAL
POWER AGENCY:
Printed Nam Tk�
Title:_ Char rrnan
Date: 7-,23-13
ATTEST:
cs- G
Printed Name: "I
Title:
APPROVED AS TO FORM:
Z�
Davidson
Attorney for West Texas Municipal
Power Agency