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R-08-11-25-9A4 - 11/25/2008RESOLUTION NO. R -08-11-25-9A4 WHEREAS, under Senate Bill 7 of the 76th Legislature the Texas Legislature deregulated the purchase of electric power in the State of Texas, and WHEREAS, in order for the City to timely execute an electric power supply contract with a Retail Electric Provider (REP) to obtain the best price in the volatile energy market, this Resolution authorizes the Mayor to execute one or more power supply contracts during the current fiscal year to purchase power from a Retail Electric Provider, provided the terms of this Resolution are complied with, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1: During the current fiscal year, the Mayor may execute, on behalf of the City, one or more contracts to purchase power between the City and a Retail Electric Provider in accordance with the terms of this Resolution. Section 2: The Mayor may only execute an electric power supply contract ("Contract") with an REP conditions are strictly complied with: (i) the term of the Contract is more than three years; in the event the following no less than six months and no (ii) the price per kilowatt-hour KWH shall be competitive, considering the terms of the Houston Galveston Area Council of Governments ("HGAC") negotiated Contract; (iii) that the REP recommended by CGP Solutions was selected in a competitive process in which the recommended REP offers the "Best Value" Contract to the City when considering the following factors: (a) price per KWH; 0:\WDOX\RESOLUTI\R81125A4.DOC/rmc (b) the amount, if any, of premiums to be paid by the City for using either less or more electrical power than its historic demand data; and (c) ability to provide detailed, consolidated billing for the City. Section 3: This Resolution shall take effect upon adoption. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of November, 2008. ATTEST: ciueve SARA L. WHITE, City Secretary 2 Meh ALAN MCGRAW, Mayor City of Round Rock, Texas DATE: November 19, 2008 SUBJECT: City Council Meeting — November 25, 2008 ITEM: 9A4. Consider a resolution authorizing the Mayor to execute one or more electrical power purchase contracts with a Retail Electric Provider for electric power. Department: Staff Person: Justification: Finance Department Cheryl Delaney, Finance Director The City's current contract with Constellation Energy Services expires May 31, 2010. Natural gas costs have been unpredictable over the last several months. We will be looking for an opportunity to obtain favorable pricing for a new agreement or a blend an extend agreement with our current vendor with more favorable pricing of our existing agreement. The City's current contract was obtained through Cooperative Procurement with the Houston Galveston Area Council of Governments (HGAC). This resolution grants the Mayor the authority to execute the negotiated contract that results from this process. Funding: This item does not bind the City to any agreement or course of action. Cost: N/A Source of funds: N/A Outside Resources: Greg Pendley, CGP Solutions Background Information: Since deregulation of the electric market, the City of Round Rock has procured electricity as a member of the Governmental Aggregation Project (GAP) and most recently as a member of Houston Galveston Area Council of Governments (HGAC) through its HGAC Energy Purchasing Corporation, which has more than 240 local governments as members. Public Comment: N/A