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R-2016-046 2016-03-21RESOLUTION NO. R2016-46 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to execute an Energy Procurement Advisory Agreement with Tradition Energy pursuant to the terms of the U.S. Communities Master Cooperative Purchasing Agreement; and authorizing the City Manager to execute a Commercial Electricity Service Agreement with a retail electric provider as determined to be the best offer in the City's electricity market pricing solicitation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Energy Procurement Advisory agreement with Tradition Energy, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Commercial Electricity Service Agreement with a retail electric provider as determined to represent the best offer in the City's electricity market pricing solicitation. PASSED, APPROVED and ADOPTED this the 21st day of March, A.D., 2016. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR z - 4 Tradition Energy Resolution No. R2016-046 Exhibit "A" ENERGY PROCUREMENT ADVISORY AGREEMENT This Energy Procurement Advisory Agreement ("Agreement") is entered into as of March 21, 2016. between The City Of Pearland, with a principal place of business at 3519 Liberty Drive, Pearland, Texas 77581 ("Client"), and TFS Energy Solutions, LLC d/b/a Tradition Energy. with its principal place of business at 680 Washington Boulevard, Stamford, CT 06901 ("Tradition"). and shall continue until either party tenders written or electronic notice to the authorized signatory below of cancellation. Client hereby agrees to retain Tradition as its exclusive energy management and procurement advisor and authorizes Tradition to request billing history, invoices and contracts on its behalf from applicable third party energy suppliers. Tradition agrees to perform energy management and/or procurement advisory services for Client, which shall include the following services • Data collection analysis and dissemination to third party energy management and/or commodity suppliers (which may include, but are not limited to, suppliers for electricity. natural gas, transportation fuel, RECs. and demand response services). • Pricing and contractual review and assistance with negotiation of contract terms and conditions. • Delivery of price discovery results of the sourcing effort and analysis and recommendations for energy contracts. • Assistance with contract execution with third party energy suppliers. Tradition's services are being provided through the U.S. Communities Government Purchasing Alliance, Contract No. 2013-069 for "Comprehensive Energy Consulting and Management Services." If Client enters into a third party energy supply agreement based on Tradition's engagement, Client shall also receive the following services: • Ongoing market monitoring and intelligence throughout the life of the supply agreement. • Access to Tradition's proprietary TEAMView web portal. Client understands that nothing contained in this Agreement obligates Client to pay Tradition for these services unless Client chooses to enter into an agreement directly with a third party energy supplier. In that event, Client understands that Tradition's fee will be included in the price the Client pays for energy on the bill received from the energy supplier or utility. as applicable. TFS ENERGY SOLUTIONS, LLC: By. r, - Name: (3r+c.-, 5 vt-,c Title: S. 0 . Contact: 680 Washington Blvd Stamford, CT 06901 Fax#: 713-583-8409 Email: bob.wooten@tradtionenergy.com 3-18-13 CLIENT: e: Clay earson Title: City Manager Contact: Jon Branson Deputy City Manager 3519 Liberty Drive Pearland, Texas 77581 Office 281-652-1674 Jbranson@pearlandtx.gov