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09-F Electric Supply AgreementAGENDA INFORMATION SHEET PROJECT: Adoption of the attached resolution authorizing the City Manager to sign an electric supply contract for 2003 (and possibly 2004) pursuant to recommendation of the Board of Directors of Cities Aggregation Power Project (CAPP), of which the City of Paris is a member. BACKGROUND: At its July meeting, the CAPP Board of Directors, consisting exclusively of city representatives, authorized negotiations for a 2003 electric power supply contract to commence with the current Retail Electric Provider (REP) serving CAPP's load in 2002. Specifically, the CAPP REP has been informed that, upon the REP fulfilling two conditions prior to October 11, 2002, its current contract with CAPP members will be extended. First, the REP must substantially solve all billing problems and second, provide a delivered commodity price below the current commodity price. If those two conditions are not met, CAPP will release a request for proposal on October 14, 2002, to REPs who are believed to be able to serve CAPP's load. Regardless of whether the CAPP Board endorses the current or a different REP for 2003, CAPP member cities will need to take immediate action to accept or reject the contract. Electricity prices tend to track prices for natural gas which can be volatile, and therefore, REPs maintain that any given offer will only be open for a 24 hour period. The attached resolution is a necessary step in positioning the City to capture the price that CAPP is able to achieve from its negotiations with REPs. The model resolution was approved for distribution to members by the CAPP Board at its August 8, 2002, meeting. The approved resolution should be returned to Mary Bunkley with the Arlington City Attorney's office before September 30, 2002. While the current CAPP REP has had some billing problems, the conclusion of CAPP's consultants and counsel is that all REPs are experiencing similar problems. On the other hand, discussions with non- CAPP member cities leads to the conclusion that CAPP has an extremely favorable contract (i. e., risk and penalty avoidance, simplicity) from the perspective of cities. Additionally, the CAPP REP has committed to an account-by-account verification for CAPP members that the Board's advisors believe is unique in the competitive marketplace. DESCRIPTION: The proposed resolution would authorize the City Manager or his designee to ratify the 2003 contract between CAPP and its approved REP and approve a power supply agreement for a period of 12 to 24 months. The City of Paris adopted a similar resolution last year associated with the approval of the current CAPP agreement. RECOMMENDED ACTION: Consider approval of the proposed resolution. STAFF CONTACT: City Attorney Larry W. Schenk; City Manager Michael E. Malone COUNCII, DATE: Consider for approval at City Council's September 9, 2002, regular Council meeting. ADDITIONAL MATERIALS: See proposed resolution and accompanying correspondence from Geoffrey Gay, CAPP legal counsel. DRAFT J:\Attorney\ALICE\RESWORK\CiJRRENT\CAPP Contract Res 2002.wpd August 22, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2003; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas (City), is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and, WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002 for its members; and, WHEREAS, CAPP anticipates preserving current contract terms and achieving slight improvement in current commodity prices in a contract for 2003; and, WHEREAS, CAPP believes that the pricing opportunity window for favorable 2003 deliveries will be short-lived and that CAPP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and, WHEREAS, experience during 2001-2002 has demonstrated that Retail Electric Providers demand immediate response to an offer; and, WHEREAS, because the deregulated electric market is complex, likely to penalize those unaware of its constraints, and likely to reward those who can improve the size and shape of a particular load, the City benefits from jointly shared experiences and collective purchasing power arranged through CAPP; and, WHEREAS, it is necessary for the City to contract for a supply of electricity in 2003 or at least partially revert to price to beat rates (PTB); and, WHEREAS, CAPP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will be increased before the end of the year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Manager or his designee is hereby authorized and directed to sign, on behalf of the City of Paris, an electric power agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. The contract may be for a 12 to 24 month time frame. Section 3. That a copy of this resolution shall be sent to Ms. Mary Bunkley with the City Attorney's office in Arlington before September 30, 2002. Section 4. That this resolution shall be effective from and after its date of passage. PRESENTED AND PASSED on this 9th day of September, 2002, by a vote of ayes and nays at a regular meeting of the City Council of the City of Paris, Texas. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney I - 0IRCEIVED AvG } 2 2002 LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. ATTORNEYS AT LAW 111 GONGRESS AVENUE SUITE 1800 AUSTIN, TEXAS 78701 Mc Gay's Uirea Line: (512) 322-5875 Email: ggaY@Igiawfmm.com MEMORANDUM TO: All CAPP Members FROM: Geoffrey M. Gay DATE: August 12, 2002 RE: City Resolution For 2003 Contract t;i'1"Y AI"i'~li.fV8Y PA3tI5, TEXAS TELEPHONE (512) 322-5800 TELECOPIER (512)472-0532 www;lglawfirm _com Attached please find the model resolution and draft staff report supporting the resolution approved for distributian by the CAPP Board at its meeting on August 8, 2002 and referenced in my memo of August 9, 2002. Please note that a copy of the approved resolution should be returned to Mary Bunkley at the Arlington City Attoroey's office by no later than September 30, 2002. f 81 SOOmac1mmo020 B 12gmg DRAFTSTAFF REPORT Puruose The purpose of this report is to recommend adoption by the Mayor and City Council of the attached resolution authorizing the City Manager to sign an electric supply contract for 2003 (and possibly 2004) pursuant to recommendation of the Board of Directors of Cities Aggregation Power Project (CAPP), of which the City of is a member. Discussion At its July meeting the CAPP Board of Directors, consisting exclusively of city representatives, authorized negotiations for a 2003 electric power supply contract to commence with the current Retail Electric Provider (REP) serving CAPP's load in 2002. Specifically, the CAPP REP has been informed that upon the REP fulfilling two conditions prior to October 11, 2002, its current contract with CAPP members will be extended. First, the REP must substantially solve all billing problems and second, provide a delivered commodity price below the current commodity price. If those two conditions are not met, CAPP will release a request for proposal on October 14, 2002 to REPs who are believed to be able to serve CAPP's load. Regardless of whether the CAPP Board endorses the current or a different REP for 2003, CAPP member cities will need to take immediate action to accept or reject the contract. Electricity prices tend to track prices for natural gas which can be volatile, and therefore, REPs maintain that any given offer will only be open for a 24 hour period. The attached resolution is a necessary step in positioning the city to capture the price that CAPP is able to achieve from its negotiations with REPs. The model resolution was approved for distribution to members by the CAPP Board at its August 8, 2002 meeting. The approved resolution should be returned to Mary Bunkley with the Arlington City Attorney's office before September 30, 2002. While the curcent CAPP REP has had some billing problems, the conclusion of CAPP's consultants and counsel is that all REPs are experiencing similar problems. On the other hand, discussions with non-CAPP member cities leads to the conclusion that CAPP has an extremely favorable contract (i.e., risk and penalty avcidance, simplicity) from the perspective of cities. Additionally, the CAPP REP has committed to an account-by-account verification for CAPP members that the Board's advisors believe is unique in the competitive marketplace. Recommendation The City's staff recommends that the Mayor and City Council authorize the City Manager or his designee to ratify the 2003 contract between CAPP and its approved REP and approve a power supply agreement for a period of 12 to 24 months. RESOLUTION NO. A RESOLUTION OF THE CITY OF , TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PRO7ECT, 1NC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE 7ANUARY 1, 2003 WHEREAS, the City of , Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonproSt political subdivision corporation dedicated to securing electric power for its more than 80 members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity in 2002 for its members; and WHEREAS, CAPP anticipates preserving current contract terms and achieving slight improvement in current commodity prices in a contract for 2003; and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2003 deliveries will be short-lived and that CAPP members must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experience during 2001-2002 has demonstrated that Retail Electric Providers demand immediate response to an offer; and WHEREAS, the deregulated electric market is complex, likely to penalize those unaware of its constraints and likely to reward those who can improve the size and shape of a particular load, the City benefits from jointly shared experience and collective purchasing power azranged through CAPP; and WHEREAS, it is necessary for the City to contract for a supply of electricity in 2003 or at least partially reveR to price to beat rates (PTB); and WHEREAS, CAPP's current delivered energy prices provide savings when measured against PTB, and PTB rates likely will be increased before the end of the year. 1 813\00'unacbth020805gmg . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEXAS: 1. That the City Manager or his designee is hereby authorized to sign an electric power agreement pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. The contract may be for a 12 to 24 month time frame. U. A copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington before September 30, 2002. PRESENTED AND PASSED on this day of , 2002, by a vote of ayes and nays at a regular meeting of the City Council of the City of , Texas. Mayor ATTEST: 1813?00\ma6~oth0208059mg