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RES 2012-18TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-18 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TEXAS COALITION FOR AFFORDABLE POWER (TCAP) TO SEEK BIDS TO COVER THE ELECTRIC POWER NEEDS OF THE TOWN FOR THE PERIOD JANUARY 1, 2014 -DECEMBER 31, 2017 AND TO NEGOTIATE AN EXTENSION OF THE TOWN'S POWER SUPPLY AND RETAIL ELECTRIC PROVIDER CONTRACTS FOR THE SAME PERIOD; AUTHORIZING THE TOWN MANAGER TO SIGN A BLEND AND EXTEND OR FIXED PRICE CONTRACT WITH TCAP FOR THE TOWN'S ELECTRICITY NEEDS FOR THE PERIOD EXTENDING UP TO DECEMBER 31, 2017; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE TOWN'S COMMITMENTS TO PURCHASE POWER THROUGH TCAP FOR ITS ELECTRICAL NEEDS THROUGH DECEMBER 31, 2017, IF TOWN AGREES TO ACCEPT THE CONTRACT OFFER. WHEREAS, the Town of Trophy Club, Texas (Town) is a member of Texas Coalition for Affordable Power (TCAP), a nonprofit political subdivision corporation dedicated to securing electric power for its 162 political subdivision members in the competitive retail market; and WHEREAS, the Town's current contract for power with Next Era as supplier and Direct Energy Business Services (DEBS) as Retail Electric Provider (REP) arranged through TCAP expires December 31,2013; and WHEREAS, the TCAP Board of Directors has authorized its consultants to seek market-based bids for 14 members that did not agree to the 2011 blend and extend opportunity to cover the period January 1, 2014 through December 31,2017; and WHEREAS, TCAP and its members must be able to commit contractually to price offers within a 24-hour period in order to lock-in favorable prices; and WHEREAS, experiences in contracting for TCAP load since 2002 have demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, it is necessary for the Town to designate a specific individual who can sign a power purchase agreement within 24 hours of receiving a proposal that economically benefits the Town; and WHEREAS, suppliers demand assurance that TCAP will pay for all contracted load; and WHEREAS, the Town must assure TCAP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through TCAP for the period beginning January 1, 2014 and extending through December 31,2017; therefore, NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the TCAP Board and its consultants and advisors are agents authorized to solicit proposals and to negotiate for the Town's electricity needs as a member of TCAP and to offer the Town an extension to the current supply agreement through December 31,2017. Section 2. That Town Manager Mike Slye is the designated Town official with authority to execute a blend and extend (that reduces current contract price terms) or fixed price contract for power supply and sign a Commercial Electricity Supply Agreement (CESA) for the Town's electricity needs and related, necessary services beginning August or September 2012 (if blend and extend option is selected) or January 1, 2014 (if blend and extend is rejected) and extending up to December 31, 2017, as a member of TCAP and the Town commits its load for the same period, provided that the energy price to be paid per kWh results in savings over the current contract that expires December 31,2013 and otherwise is satisfactory to the designated individual. Section 3. That the Town will budget and approve funds necessary to pay electricity costs proportionate to the Town's load under the supply agreement arranged by TCAP, if a power supply agreement is signed by the Town's designated individual for the designated contract term. Section 4. That a copy of this resolution shall be sent to Randy Moravec, Executive Director, Texas Coalition for Affordable Power, 1323 Dunbarton Drive, Richardson, Texas 75081 and Geoffrey M. Gay, legal counsel to TCAP, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PAS~ED and APPROVED on this 16 th day of July, 2012, by a vote of ---" __ ayes and 0 nays at a regular meeting of the Town Council of the Town of Trophy Club, Texas. (tonnie White, Mayor Town of Trophy Club, Texas [SEAL] RES 2012-18 Page 2 of 2