Loading...
HomeMy WebLinkAboutResolution - 2019-R0319 - LP&L Mutual Aid Agreement - 09_10_2019Resolution No. 2019-RO319 Item No. 6.27 September 10, 2019 RESOLUTION WHEREAS, Lubbock Power& Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, in the summer of 2017,the City of Lubbock, acting by and through Lubbock Power&Light, was approached by the American Public Power Association regarding the potential provision of aid to other municipal electric utilities related to damage anticipated to be caused by Hurricane Irma; WHEREAS, the Electric Utility Board passed Resolution No. EUB 2017-R0064 on September 19, 2017, to approve the form Mutual Aid Agreement provided by the American Public Power Association: WHEREAS, the City Council of the City of Lubbock passed Resolution No. 2017-R0333 on September 14, 2017, to approve the form Mutual Aid Agreement provided by the American Public Power Association; WHEREAS, after approval of the American Public Power Association's mutual aid form, no mutual aid has been requested of LP&L; WHEREAS,this year,the Brownsville Public Utilities Board requested a Mutual Aid Agreement in anticipation of hurricane season; WHEREAS, the Brownsville Public Utilities Board sought mutual aid on a form different from that previously approved by the Electric Utility Board and City Council; WHEREAS, LP&L has reviewed the form and made necessary changes so that the form can be universally applicable should other entities request mutual aid fiom LP&L; WHEREAS, LP&L desires to revoke the prior Mutual Aid Agreement form, and replace it with the form attached hereto; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mutual Aid Agreement adopted by Resolution No. 2017-R0333 on September 14, 2017, by the City Council of the City of Lubbock is hereby revoked and the City of Lubbock, acting by and through Lubbock Power & Light, shall not use this form in the future. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the form Mutual Aid Agreement, as attached hereto, is hereby approved in all respects. BE IT FURTHER 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, or his/her designee, 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, that certain Mutual Aid Agreement, as attached hereto and incorporated herein as though set forth frilly herein in detail, and any documents related thereto. Passed by the City Council this 10th day of September, 2019. 6= DANIEL M. POPE, MAYOR ATTEST: Bee k Garza, City Secret ry APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: JeS it A ' tan eneral Counsel —LP&L MUTUAL AID AGREEMENT This Interlocal Agreement is between City of Brownfield and the City of Lubbock, acting through its City Council and Electric Utility Board. This Agreement is intended to set forth the terns and conditions under which one Party (the "Providing Party") will render assistance to the other (the "Requesting Party") in the event the Requesting Parry's electric system suffers damage or outages due to adverse weather events or a natural disaster. 1. Request for Assistance. The Requesting Party shall make its request for assistance under this Agreement in writing and with reasonable specificity as to the amount and nature of the assistance requested. Upon receipt of such a request, the Parties shall further detail, in writing, the assistance to be provided with respect to numbers and types of personnel and equipment. 2. Aid is Discretionary. The rendering of assistance under this Agreement is solely at the discretion of the Providing Party. The Providing Party reserves the right to withdraw any crews or equipment from the Requesting Parry's service area at any time. 3. Invoice. The Requesting Party shall reimburse the Providing Party for any and all costs of any nature incurred by the Providing Party in rendering the requested assistance, including wages, meals, lodging, transportation, and cost of equipment and materials. Costs shall be invoiced as follows: Labor: Charges for labor, including administrative support, shall be billed at the Providing Part's actual cost for hourly pay and any overtime. o Equipment: Charges for equipment, such as bucket trucks, digger deiricks, and other special equipment used by the Providing Party shall be at the reasonable and customary rates for such equipment in the Providing Parry's location. e Materials: Materials furnished shall be billed at actual cost. e Transportation: Transportation shall be billed at the Providing Paryy's standard rates and practices in effect at the time. e Meals, Lodging, Other Related Expenses: Meals, lodging and other incidental expenses shall be reasonable and billed at actual cost. Within 120 days of completion of assistance work by the Providing Party, the Providing Party shall submit to`the Requesting Party an invoice of all costs and charges related to the assistance provided under this Agreement. For a period of one year following any assistance, both Parties are entitled to a reasonable opportunity to examine billing records and conduct an audit to verify charges. Any invoice issued under this Agreement shall be due and payable thirty (30) days after receipt. Any amounts unpaid within thirty days of an invoice shall bear interest in accordance with TEx. Gov'T CODE § 2251.001, et seq. 4. Damages, Disclaimer of Warranty, and Indemnity. In no event shall the Providing Party be liable to the Requesting Party for any special, indirect, -2- incidental, punitive, exemplary or consequential damages with respect to any claim arising out of or related to the assistance rendered under this Agreement or the work performed by the Providing Party's personnel or equipment. All work and assistance will be Performed, and all equipment or material shall be provided, without warranties, which 'the Providing Party hereby disclaims, including the warranties of merchantability and fitness for a particular purpose. The Providing Party's liability to the Requesting Party shall be limited to amounts payable under this Agreement, and all other damages at law or in equity are waived by the Requesting Party. The Requesting Party assumes all risk of and responsibility for, and agrees, to the extent permitted by law, to hold harmless the Providing Party and its elected or appointed officials, directors, officers and employees from and* against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses (including reasonable attorney's fees) in connection therewith, including claims for negligence, made, brought, or obtained on account of loss of life or property, or injury or damage to the person or property of any -person or persons which arise out of or relate to the Providing Party's performance of this Agreement, except to the extent such liabilities are the direct result of gross negligence or willful misconduct by Providing Party.. 5. Force Majeure. In the event that either Party shall be prevented from completing performance of its obligations under this Agreement by an Act of God, or other occurrence whatsoever, which is beyond the control of the acting Party, then the acting Party, after attempting to mitigate adverse impacts, shall be excused from any further performance of its respective obligations and undertakings. 6. Waiver. The failure on the part of either Party herein at any time to require the performance by the other Party, of -any portion of this Agreement, shall not be deemed a waiver of, or in any way affect that Party's rights to enforce such provision, or any other provision. Any waiver by any Party herein of any provision hereof, shall not be taken or held to be a waiver of any other provision hereof, or any other breach hereof. 7. State and Federal Laws. This Agreement is subject to all applicable Federal and State laws, statutes, codes and any applicable permits, ordinances, rules, orders and regulations of any local, state or federal government authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any eight to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction. S. No Third Party Beneficiary. The Parties are entering into this Agreement solely for the benefit of their entities and agree that nothing herein shall be construed to confer any right, privilege or benefit on any person or entity other than the Parties hereto. -3- 9. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings between the Parties concerning the subject matter of this Agreement. 10. Severability. The invalidity or unenforceability of any provision of this .Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 11. Governing Law and Venue. The laws of the State of Texas shall apply to the interpretation and enforcement of this Agreement. Exclusive venue of any legal proceeding to enforce this Agreement, or otherwise related to this Agreement, shall be in the county in which the Providing Party maintains its principal place of business. 12. Counterparts. This Agreement may be executed in counterparts, with each counterpart being deemed an original agreement, but with all counterparts assembled together being one Agreement. 13. Assignment. Neither Party shall assign this Agreement without the prior written consent of the other Party, to be exercised in the discretion of the non -assigning party. Any attempt to assign this Agreement without such consent shall be null and void. 14. Term and Reciprocity. This Agreement shall remain in effect until one Party delivers written notice to the other Party that this Agreement is terminated. The terms and conditions of this Agreement are intended to be reciprocal. 15. - Representation on Authority of Parties/Signatories. Each person signing this Agreement represents acid warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Signature page to follow. Remainder of page intentionally left blank. EXECUTED in duplicate this 17th day of City of Lubbo c, b and through its City Council By: Nance: Daniel M. Pope Title: Mayor est It City Secretary Approved as to Content: C Director of Electric Utilities Approved as to Form: FJL QOeral Counsel City of Lubbock Acting by and throoru`gg Its Electric Utility Board /1 Nanic.'D VLD W, l , C. Title: �✓2�e� � i��ecirte �� l l (1 eS Attest: Board S retar Ap oved as to Content: Director of Electric Utilities Approved as to Form: L teral Counsel July 2020 City Of Brownfield By: Name: Je avis Title: City Manager, City of Brownfield MUTUAL AID AGREEMENT This Interlocal Agreement is between City of Newton, Texas and the City of Lubbock, acting through its City Council and Electric Utility Board. This Agreement is intended to set forth the terns and conditions under which one Party (the "Providing Party") will render assistance to the other (the "Requesting Party") in the event the Requesting Party's electric system suffers damage or outages due to adverse weather events or a natural disaster. 1. Request for Assistance. The Requesting Party shall make its request for assistance under this Agreement in writing and with reasonable specificity as to the amount and nature of the assistance requested. Upon receipt of such a request, the Parties shall further detail, in writing, the assistance to be provided with respect to numbers and types of personnel and equipment. 2. Aid is Discretionary. The rendering of assistance under this Agreement is solely at the discretion of the Providing Party. The Providing Party reserves the right to withdraw any crews or equipment from the Requesting Party's service area at any time. 3. Invoice. The Requesting Party shall reimburse the Providing Party for any and all costs of any nature incurred by the Providing Party in rendering the requested assistance, including wages, meals, lodging, transportation, and cost of equipment and materials. Costs shall be invoiced as follows: • Labor: Charges for labor, including administrative support, shall be billed at the Providing Party's actual cost for hourly pay and any overtime. • Equipment: Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Providing Party shall be at the reasonable and customary rates for such equipment in the Providing Party's location. • Materials: Materials furnished shall be billed at actual cost. • Transportation: Transportation shall be billed at the Providing Party's standard rates and practices in effect at the time. • Meals, Lodging, Other Related Expenses: Meals, lodging and other incidental expenses shall be reasonable and billed at actual cost. Within 120 days of completion of assistance work by the Providing Party, the Providing Party shall submit to' the Requesting Party an invoice of all costs and charges related to the assistance provided under this Agreement. For a period of one year following any assistance, both Parties are entitled to a reasonable opportunity to examine billing records and conduct an audit to verify charges. Any invoice issued under this Agreement shall be due and payable thirty (30) days after receipt. Any amounts unpaid within thirty days of an invoice shall bear interest in accordance with TEx. Gov'T CODE § 2251.001, et seq. 4. Damages, Disclaimer of Warranty, and Indemnity. In no event shall the Providing Party be liable to the Requesting Party for any special, indirect, -z- incidental, punitive, exemplary or consequential damages with respect to any claim arising out of or related to the assistance rendered under this Agreement or the work performed by the Providing Party's personnel or equipment. All work and assistance will be performed, and all equipment or material shall be provided, without warranties, which the Providing Party hereby disclaims, including the warranties of merchantability and fitness for a particular purpose. The Providing Party's liability to the Requesting Party shall be limited to amounts payable under this Agreement, and all other damages at law or in equity are waived by the Requesting Party. The Requesting Party assumes all risk of and responsibility for, and agrees, to the extent permitted by law, to hold harmless the Providing Party and its elected or appointed officials, directors, officers and employees from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses (including reasonable attorney's fees) in connection therewith, including claims for negligence, made, brought, or obtained on account of loss of life or property, or injury or damage to the person or property of any person or persons which arise out of or relate to the Providing Party's performance of this Agreement, except to the extent such liabilities are the direct result of gross negligence or willful misconduct by Providing Party. 5. Force Maieure. In the event that either Party shall be prevented from completing performance of its obligations under this Agreement by an Act of God, or other occurrence whatsoever, which is beyond the control of the acting Party, then the acting Party, after attempting to mitigate adverse impacts, shall be excused from any further performance of its respective obligations and undertakings. 6. Waiver. The failure on the part of either Party herein at any time to require the performance by the other Party, of -any portion of this Agreement, shall not be deemed a waiver of, or in any way affect that Party's rights to enforce such provision, or any other provision. Any waiver by any Party herein of any provision hereof, shall not be taken or held to be a waiver of any other provision hereof, or any other breach hereof. 7. State and Federal Laws. This Agreement is subject to all applicable Federal and State laws, statutes, codes and any applicable permits, ordinances, rules, orders and regulations of any local, state or federal government authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction. 8. No Third Party Beneficiary. The Parties are entering into this Agreement solely for the benefit of their entities and agree that nothing herein shall be construed to confer any right, privilege or benefit on any person or entity other than the Parties hereto. -3- 9. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes all prior agreements and understandings between the Parties concerning the subject matter of this Agreement. 10. Severability. The invalidity or unenforceability of any provision of this .Agreement shall not affect the validity or enforceability of any other provision of this Agreement. 11. Governing Law and Venue. The laws of the State of Texas shall apply to the interpretation and enforcement of this Agreement. Exclusive venue of any legal proceeding to enforce this Agreement, or otherwise related to this Agreement, shall be in the county in which the Providing Party maintains its principal place of business. 12. Counterparts. This Agreement may be executed in counterparts, with each counterpart being deemed an original agreement, but with all counterparts assembled together being one Agreement. 13. Assignment. Neither Party shall assign this Agreement without the prior written consent of the other Party, to be exercised in the discretion of the non -assigning party. Any attempt to assign this Agreement without such consent shall be null and void. 14. Term and Reciprocity. This Agreement shall remain in effect until one Party delivers written notice to the other Party that this Agreement is terminated. The terms and conditions of this Agreement are intended to be reciprocal. 15. Representation on Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Signature page to follow. Remainder of page intentionally left blank. EXECUTED in duplicate this 26th day of August 2-02,0 City of ubbock, a through its City Council City ofNev✓ton, byand through itsCityCounci1. By: _ By: �6K�edi Name: Daniel M. P e Name: Donald H. Meek Title: Mayor City cretary Annrov d as to Content: Director of Electric Utilities Approved as to Form: L P8 L Uneral Counsel City of Lubbock Acting by and throw its Electric Utility Board C L� By: L Name:�QV1d IwCCa��Ct Title: O1 dz( t7(-,6eCi4(tG Lkk'l l-v1' W Attest: Board S cretar Approved as to Content: /, 1 r— u--t,! -/r Director of Electric Utilities Approved as to Form: LP�j G n ral Counsel Title: City Administrator