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HomeMy WebLinkAboutRES 081120-A - Agrmt Shell EnergyRESOLUTION NO. O$ )) & - k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE ENERGY MANAGEMENT AND QUALIFIED SCHEDULING ENTITY SERVICES AGREEMENT WITH SHELL ENERGY NORTH AMERICA (US), L.P AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown ("City") and Shell Energy North America (US) LP ("Shell") previously entered into an Energy Management and Qualified Scheduling Entity Services Agreement on December 11, 2019 ("Agreement"); and WHEREAS, the City and Shell wish to amend certain terms of the Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN TEXAS: SECTION 1. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Mayor is hereby authorized to execute Amendment No. 1 to the Energy Management and Qualified Scheduling Entity Services Agreement with Shell Energy North America (US), L.P., and other documents necessary pursuant to said Amendment. SECTION 3. The Mayor is authorized to sign this Resolution and the City Secretary to attest. SECTION 4. This Resolution shall become effective and be in full force and effect upon execution by the Mayor. Resolution No. 4- V I t c'C.! r% Page 1 of 2 Subject. Authorizm' Execativn of Amendment No. 1 Energy Management Agreement with Shell Date Approved X f i - U-Z-0 PASSED AND APPROVED on the �_ day of W6+ 2020. ATTEST: Robyn Densmore, City Secretary APPROVED AS TO FORM: Sky ss , City Attorney CITY OF GEORGETOWN, TEXAS By: Af, W w Dale Ross, Mayor Resolution No. Page 2 of 2 Subject: Authorizing EXeClltiOn of Amendment No. 1 Energy Management Agreement with Shell Date Approved. Vb - l � —UU� AMENDMENT NO. 1 TO ENERGY MANAGEMENT AND QUALIFIED SCHEDULING ENTITY SERVICES AGREEMENT This Amendment No. 1 to Energy Management and Qualified Scheduling Entity Services Agreement (this "Amendment No. 1 ") is made and entered into on August , 2020 and effective as of October 1, 2020, by and between SHELL ENERGY NORTH AMERICA (US), L.P., a Delaware limited partnership ("Shell Energy") and CITY OF GEORGETOWN, TEXAS ("Georgetown"). Shell Energy and Georgetown are sometimes hereinafter referred to each individually as a "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, the Parties have previously entered into that certain Energy Management and Qualified Scheduling Entity Services Agreement dated as of December 11, 2019 (the "Agreement"); WHEREAS, the Parties wish to amend certain terms of the Agreement; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, GVEC and Shell Energy hereby agree as follows: 1. All references in the Agreement to the "Agreement" shall mean the Agreement, as amended by this Amendment No. 1. All defined terms used herein shall have the meanings given such terms in the Agreement unless otherwise defined herein. 2. Section 6 of the Agreement, EMA Fees, is amended by deleting "1. Load QSE and Energy Management Services: $12,000 per month" under "Service Fee" and replacing it with "1. Load QSE and Energy Management Services: $19,000 per month'.'. 3. Section 8 of the Agreement, Cost Savings Sharing, is amended to read "Total Budgeted Purchase Power Cost". 4. Section 8(a) of the Agreement is amended by deleting subclause (ii). 5. Section 8(e) the Agreement, Cost Savings Share, is deleted in its entirety. 6. The remaining provisions of the Agreement shall remain in full force and effect, without modification. {signature page follows} IN WITNESS WHEREOF, this Amendment is executed as of the date first set forth above and is effective as of October 1, 2020. SHELL ENERGY NORTH AMERICA (US) L.P. Name: Title: CITY OF GEORGETOWN, TEXAS By: d 't" C�� Name: 5 Title: