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HomeMy WebLinkAboutRES 101023-5.AG - SHell QSE AgreementRESOLUTION NO. I u 1 p 2-3 —,5- &(q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 5 TO THE ENERGY MANAGEMENT AND QUALIFIED SCHEDULING ENTITY SERVICES AGREEMENT WITH SHELL ENERGY NORTH AMERICA (US), L.P.; REPEALING CONFLICTING RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown ("City") and Shell Energy North America (US), L.P. ("Shell") previously entered into an Energy Management and Qualified Scheduling Entity Services Agreement on December 11, 2019 ("Agreement') and amended the Agreement on August 11, 2020, July 26, 2022, November 22, 2022, and May 9, 2023; and WHEREAS, the City and Shell wish to amend certain terms of the Agreement; and WHEREAS, the City Council finds it to be in the best interest of the public to amend the terms of the Agreement to extend the duration of the contract, as set out herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section 1. The meeting at which this resolution was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. 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 3. The Mayor is hereby authorized to execute Amendment No. 5 to the Agreement and any other documents necessary pursuant to said Amendment. Section 4. All resolutions that conflict with the provisions of this resolution are hereby repealed, and all other resolutions of the City not in conflict with the provisions of this resolution shall remain in full force and effect. Section 5. If any provision of this resolution, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this resolution, which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are hereby declared to be severable. Section 6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This resolution shall become effective and be in full force and effect immediately in accordance with the provisions of the City Charter of the City of Georgetown. Resolution Number: 1010 Z 3 - 6. Act Page 1 of 2 Subject: Amendment No. 5 to Shell QSE Agreement Date Approved: 0 )oP 0 1 UZ,5 PASSED AND APPROVED on the 10 of .2023. ATTEST: TF* Ch-Y OF GEORGETOWN: Robyn De more, City Secretary Jos APPROVED AS TO FORM: Skye Massbn, City Attorney Resolution Number: )Q 10-Z3 -5. Atz Page 2 of 2 Subject: Amendment No. 5 to Shell QSE Agreement Date Approved: (Dr-- MA IV 1 W3