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R-13-04-11-G5 - 4/11/2013RESOLUTION NO. R -13-04-11-G5 WHEREAS, the City of Round Rock has previously entered into a Demand Response Sales and Services Agreement ("Agreement") with EnerNOC, Inc. for implementation of an Emergency Interruptible Load Service Program; and WHEREAS, EnerNOC, Inc. has submitted Amendment No. 1 to amend the term of the Agreement; and WHEREAS, the City Council desires to enter into said Amendment No. 1 to the Agreement with EnerNOC, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. I to the Demand Response Sales and Services Agreement with EnerNOC, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 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 I Ith day of April, 2013. ATTEST: lcM�• Z66� SARA L. WHITE, City Clerk 0 \wdox\SCCIn[s\0112\1304\MUNICIPAL\00271526.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas 00 • ENERNOC EXHIBIT „A» Get More From Energy Amendment No. 1 to Demand Response Sales and Services Agreement This Amendment No. I (this "Amendment"), effective as of December 6, 2012 the scope of which is described more fully below, is made by and between EnerNOC, Inc. ("EnerNOC"), located at 101 Federal Street, Suite 1100, Boston, MA 02110, and City of Round Rock ("Customer"), located at 221 E. Main Street, Round Rock, TX 78664. This Amendment amends that certain Demand Response Sales and Services Agreement by and between EnerNOC and Customer effective as of May 27, 2010 (the "Agreement"). Capitalized terms not otherwise defined herein shall have the meanings given them in the Agreement. RECITALS WHEREAS, the Parties entered into the Agreement effective as of May 27, 2010; and WHEREAS, the Parties wish to amend the Agreement pursuant to the terms of this Amendment. NOW, THEREFORE, the Parties, intending to be legally bound, hereby agree as follows: 1. Section 1 of the Agreement is hereby amended by deleting such subsection in its entirety and substituting the following in lieu thereof: Term. This Agreement shall commence on the Effective Date and end seventy-two (72) months following the Effective Date (the "Initial Term"); provided that this Agreement shall renew for successive one-year terms (each a "Renewal Term" and together with the Initial Term, collectively the "Term") unless either Party gives the other Party written notice of termination at least 30 days prior to the expiration of the Initial Term or any Renewal Term, as applicable. 2. Except as amended hereby, the Agreement shall remain unchanged and shall remain in full force and effect. 3. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement, and when executed shall be binding on the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day, month and year first above written. EnerNOC, Inc. Name: Title: Signature: City of Round Rock Name: Title: Signature: CQNFI DENTI AL AND PRCPR► ETARY City of Round Rock 'ROUND ROCK TEXAS RIRRKE. PlS40N P0.0SPFAItY Agenda Item Summary Agenda Number: G.5 Title: Consider a resolution authorizing the Mayor to execute Amendment No. to the Demand Response Sales and Services Agreement with EnerNOC. Type: Resolution Governing Body: City Council Agenda Date: 4/11/2013 Dept Director: Michael Thane, Utilities Director Cost: $0.00 Indexes: Attachments: Resolution, Exhibit "A" Text of Legislative File 13-178 The Electric Reliability Council of Texas (ERCOT) Emergency Interruptible Load Service (EILS) enables program participants to receive revenue for being available to reduce electricity consumption when the reliability of the electric grid is in jeopardy and voltage reductions and rolling brownouts are imminent. During the program periods of February 1 to May 31, June 1 to September 30 and October 1 to January 31, demand response events may be called during any or all of the time periods. ERCOT will initiate a Demand Response Event and will be provided a minimum of 10 minutes advance notice. No more than two Demand Response Events can be called per Program Period. The hourly limit per Program Event is eight hours. On May 27, 2010, the City of Round Rock entered into a 36 -month "Demand Response Sales and Services Agreement" with EnerNOC. EnerNOC worked with Round Rock to develop an appropriate curtailment plan, completed all necessary permits and associated reporting on Round Rock's behalf, registered Round Rock's accepted capacity, managed Round Rock's curtailable electrical capacity in the Programs, and provided real time support to Round Rock during demand response events and reconcile all Program payments in accordance with the rules set forth by the applicable grid operator. EnerNOC paid Round Rock 60% of the Capacity Payments paid by ERCOT to EnerNOC in connection with Round Rock's making available Actual Capacity Payments paid by ERCOT to EnerNOC in connection with Round Rock's making available Actual Capacity for participation in the EILS. In no event shall Round Rock be penalized for underperformance or non-performance, other than to have payments reduced to reflect availability and actual performance. Round Rock identified several sites in which electrical capacity could be reduced during a Demand Response Event. These sites include the McNeil Well/Booster Station facility, Lake Creek Station Well Pump Facility, Water Treatment Plant site, and Southeast Ground Storage site. The City has received $14,64.96 over the past three years for our participation in the program. Because the existing agreement will expire on May 27, 2013, the City and EnerNOC have drafted City of Round Rock Page 1 Printed on 4/5/2013 Agenda Item Summary Continued (13-178) this Amendment No. 1 which will extend the term of the agreement for an additional three years. Staff recommends approval. City of Round Rock Page 2 Printed on 41512013 � J LL=i LLJ 0 o � ENERNOC Get More From Energy Amendment No.1 to Demand Response Sales and Services Agreement This Amendment No. 1 (this "Amendment"), effective as of December 6, 2012 the scope of which is described more fully below, is made by and between EnerNOC, Inc. ("EnerNOC"), located at 101 Federal Street, Suite 1100, Boston, MA 02110, and City of Round Rock ("Customer"), located at 221 E. Main Street, Round Rock, TX 78664. This Amendment amends that certain Demand Response Sales and Services Agreement by and between EnerNOC and Customer effective as of May 27, 2010 (the "Agreement"). Capitalized terms not otherwise defined herein shall have the meanings given them in the Agreement. RECITALS WHEREAS, the Parties entered into the Agreement effective as of May 27, 2010; and WHEREAS, the Parties wish to amend the Agreement pursuant to the terms of this Amendment. NOW, THEREFORE, the Parties, intending to be legally bound, hereby agree as follows: 1. Section 1 of the Agreement is hereby amended by deleting such subsection in its entirety and substituting the following in lieu thereof: Term. This Agreement shall commence on the Effective Date and end seventy-two (72) months following the Effective Date (the "Initial Term"); provided that this Agreement shall renew for successive one-year terms (each a "Renewal Term" and together with the Initial Term, collectively the "Term") unless either Party gives the other Party written notice of termination at least 30 days prior to the expiration of the Initial Term or any Renewal Term, as applicable. 2. Except as amended hereby, the Agreement shall remain unchanged and shall remain in full force and effect. 3. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement, and when executed shall be binding on the parties hereto. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day, month and year first above written. EnerNOC, Inc. City of Round Rock Name: M i c: h -e I Name: Title: General (2-5e, Title: Signature: Signature: +1.1'ti3 CCW1 D►ENTI AL AND PRC.PM ETA"