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R-06-10-12-11B2 - 10/12/2006RESOLUTION NO. R -06-10-12-11B2 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 in the event the following conditions are strictly complied with: (i) the term of the Contract is no less than six months and no more than two years; (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; (d; PFDesktop'<:ODMA,WORLDOX/O /wdox/RESOLUTI R6 1012B2.WPD/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 12th day of October, 006. ST:, , Mayor Ci y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secr ary 2 DATE: October 5, 2006 SUBJECT: City Council Meeting, October 12, 2006 ITEM: 11.6.2. Consider a resolution granting authority to the Mayor to execute one or more electrical power purchase contracts with a Retail Electric Provider to provide electric power to the City. Department: Finance Department Staff Person: Cindy Demers, Finance Director Justification: The City's current contract with Constellation New Energy, Inc. expires on June 30, 2007. Current trends in the cost of natural gas are expected to improve within the next two to eight weeks and again in the early spring of 2007. 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 H -GAC Energy Purchasing Corporation, which has more than 240 Local Governments as members. Public Comment: N/A