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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: July 17, 2018 |
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Staff Contact: |
Toni R. Wheeler |
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Recommendations/Options/Action Requested: |
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Authorize the City Manager to execute agreement with Westar Energy, Inc. concerning certain street lights, if appropriate. |
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Executive Summary: |
The City Commission directed staff at its May 15, 2018, meeting to draft an indemnity agreement with Westar Energy, Inc. for the installation of 3000K LED fixtures in certain street lights. An agreement is attached for the Commission’s consideration.
Under the agreement, Westar will install LED lamps with a CCT not to exceed 3000 K in those street lights in Lawrence that are due for replacement. In exchange for Westar’s installation of the lamps, the City will indemnify Westar from all claims and judgments, including reasonable attorney’s fees, where the brightness of the street light lamp, or lack thereof, is an essential element of the claim. The term of the agreement provides that it will be effective until IES formally recognizes the LED lamps with a CCT not to exceed 3000 K are as safe as LED lamps with a CCT of 4000K, or until Westar determines such lamps shall be standard fixtures pursuant to its Street Lighting Tariff. |
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Strategic Plan Critical Success Factor |
Other |
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Fiscal Impact (Amount/Source): |
The agreement does not have an immediate financial impact on the City. The City may have additional litigation costs in the future if a claim is made against the City pursuant to the Indemnification Agreement. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |