Retail_Electric_Service_Provider_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2023-010

RETAIL ELECTRIC SERVICE PROVIDER

City of Edinburg

415 W. University Drive

Edinburg, TX 78541

RELEASE DATE: April 14, 2023

DEADLINE FOR QUESTIONS: April 24, 2023

RESPONSE DEADLINE: May 11, 2023, 9:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofedinburg https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Edinburg

REQUEST FOR PROPOSAL

Retail Electric Service Provider

I. Introduction II. Legal Notice

III. Instructions, Terms and Conditions IV. Specifications V. Vendor Questionnaire

VI. Pricing Proposal VII. Evaluation Criteria

Attachments:

A - City of Edinburg ESIDS document

Request For Proposal #2023-010 Title: Retail Electric Service Provider

1. INTRODUCTION

1.1. Summary

The City of Edinburg is issuing this RFP to solicit pricing proposals from retail electric providers (REP's) to meet its power and energy requirements. The requested power supply proposals are to meet the total power and energy requirements, including any load growth occurring during the term of the supply contract.

1.2. Background

The City of Edinburg (“City”) is a Texas home rule city with a population of approximately 102,483 . It is located in ERCOT's South zone. The City uses approximately 28,855,499 kWh of electricity annually.

1.3. Contact Information

Tomas Reyna

Assistant City Manager

415 W. University Dr.

Edinburg, TX 78539

Email: treyna@cityofedinburg.com

Phone: (956) 388-8207

Department:

City Manager

Department Head:

Myra Ayala

City Manager

1.4. Timeline

Release Project Date April 14, 2023

Question Submission Deadline April 24, 2023, 5:00pm

Proposal Submission Deadline May 11, 2023, 9:00am mailto:treyna@cityofedinburg.com tel:(956)388-8207

2. LEGAL NOTICE

2.1. Notice to Respondents

The City of Edinburg is soliciting sealed proposals from qualified vendors for Retail Electric Service

Provider.

Sealed Proposals must be submitted electronically or received by the City Secretary’s Office no later than:

9:00 am, Thursday, May 11, 2023.

All sealed proposals must be received either electronically or at the designated location by the deadline shown. Proposals received after the deadline will not be considered for the award of the contract and shall be considered void and unacceptable.

All proposals will be opened, and bidder’s names publicly read aloud promptly in the City Hall

Community Room, at 415 W. University Dr., Edinburg, TX 78541, at 9:00 am, Thursday, May 11, 2023.

To obtain a copy of the Request for Proposals or submit an electronic proposal please visit:

https://procurement.opengov.com/portal/rosenbergtx

If a Respondent chooses to submit a Hard Copy Proposal, it must be delivered in a sealed envelope with a return address and clearly marked “City of Edinburg RFP No. 2023-010" to the City Secretary's Office prior to the RFP opening date and time. The receiving time in the City Secretary's Office will be the governing time for acceptibility of the proposals. The Respondent's firm name shall appear on the outside of the envelope.

Submit Proposals to:

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

RFP No. 2023-010

If you have any questions or require additional information contained the RFP, you may contact Criselda

Lozano, Purchasing Manager, please submit your questions via OpenGov Procurement at the website listed above no later than 5:00 pm on Monday, April 24, 2023.

The City of Edinburg reserves the right to reject any or all proposals and to waive informalities or technicalities and to accept the Proposal deemed most advantageous to the City, and hold the proposal for a period of 90 days without taking action.

https://procurement.opengov.com/portal/rosenbergtx https://procurement.opengov.com/portal/cityofedinburg

3. INSTRUCTIONS, TERMS AND CONDITIONS

3.1. General Instructions

PURPOSE

The purpose of these solicitation documents is to provide a Proposals for: Retail Electric Service Provider

INTENT

The services to be provided under this RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation for RFP. There is no intention to disqualify any respondent who can meet the requirements.

SUBMITTAL OF "HARD COPY" RFP

If submitting a Hard Copy RFP, it must be submitted in a sealed envelope by the vendor. Submit two (2) complete sets of the response, one (1) original marked “ORIGINAL,” and one (1) Digital Copy in a flash drive. Each RFP must be completely filled out and SUBMITTED IN ORIGINAL FORM complete with all supporting documentation. RFPs submitted by facsimile (fax) will not be accepted. Submittal of an RFP in response to this solicitation constitutes an offer by the respondent. Once submitted, RFPs become the property of the City of Edinburg and as such the City reserves the right to use any ideas contained in any

RFP regardless of whether that respondent/firm is selected. Submission of a RFP in response to this solicitation, by any respondent, shall indicate that the respondent(s) has/have accepted the conditions contained in the RFP, unless clearly and specifically noted in the RFP submitted and confirmed in the contract between the City and the successful respondent otherwise. RFPs which do not comply with these requirements may be rejected at the option of the City. RFPs must be filed with the City of

Edinburg before the deadline day and hour. No late RFPs will be accepted. Failure to meet RFP requirements may be grounds for disqualification.

If Hand-Delivering Bids: 415 W. University Drive c/o City Secretary Department (1st Floor)

If submitting Electronic: https://procurement.opengov.com/portal/cityofedinburg

TIME ALLOWED FOR ACTION TAKEN

The City of Edinburg may hold RFPs 90 days after deadline without taking action. Respondents are required to hold their RFPs firm for same period of time.

RIGHT TO REJECT/AWARD

The City of Edinburg reserves the right to reject any or all RFPs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Edinburg.

ASSIGNMENT

https://procurement.opengov.com/governments/956100/portal/cityofedinburg

Respondents are advised that the City of Edinburg shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this RFP in whole or in part, to a third party without the written approval of the City of Edinburg.

AWARD

Respondents are advised that the City of Edinburg shall reserve the right to award a contract for all or any of the requirements in this Request for Proposals or to not award any contract, according to what is in the best interest of the City.

The City also reserves the right to request oral interviews.

NUMBER OF CONTRACTS

THE CITY reserves the right to award one or no contract in response to this RFP.

STATUTORY REQUIREMENTS

It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Executive Orders, and Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work to be performed hereunder and such shall apply to the contract throughout, and that they will be deemed to be included in the contract as though written out in full in the contract documents.

ALTERATIONS/AMENDMENTS TO RFP

RFP CANNOT be altered or amended after opening time. Alterations made before opening time must be initialed by the respondent guaranteeing authenticity. No RFP may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Edinburg.

RESPONSE IRREGULARITIES

Proposals that are qualified with conditional clauses, alterations, and items not requested in the RFP documents, or irregularities of any kind are subject to disqualification by the City at its option.

NO RESPONSE TO RFP

If unable to submit an RFP, the respondent should return an inquiry giving reasons.

LIST OF EXCEPTIONS

The respondent shall attach to his/her RFP a list of any exceptions to the specifications/ requirements.

PAYMENT

The City of Edinburg will execute payment by mail in accordance with the State of Texas Pay Law after

SERVICES have been completed, introduced to the City, and found to meet the City of Edinburg specifications/requirements. No other method of payment will be considered.

SYNONYM

Where in this solicitation package SERVICES is used, its meaning shall refer to the request for Retail

Electric Service Provider as specified.

RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of this

Service Contract shall be considered employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right to inspection of said undertakings at any time.

INDEMNIFICATION CLAUSE

The Respondent agrees to indemnify and save harmless the City, from all suits and actions of every nature and description brought against them or any of them, for or on account of the use of patented appliances, products, or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Purchasing

Manager, as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used.

INTERPRETATIONS

Any questions concerning the project and/or specifications/requirements with regard to this solicitation for Proposals shall be directed to the e-procurement portal as outlined in the RFP. Such interpretations, which may affect the eventual outcome of this request for Proposals, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Edinburg in accordance with the paragraph entitled “Addenda and

Modifications”.

VERBAL THREATS AND OFFICIAL CONTACT

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason and/or reasons shall be considered a breach of contract and the City will immediately sever the contract with the Respondent/Consultant on contract.

Respondents shall not offer gratuities, favors, or any monetary value to any official or employee of the

City for purpose of influencing the selection. Any attempt by any Respondent to influence the selection process by any means, other than disclosure of Proposals and credentials through the proper channels, shall be grounds from exclusion from the selection process. Once the project is advertised, there shall be no contact with any city official or employee unless using the formal process through the Purchasing

Department. Failure to comply will result in the firm being disqualified from the process.

CONFIDENTIAL INFORMATION

Any information deemed to be confidential by the respondent should be clearly noted on the pages where confidential information is contained; however, the City cannot guarantee that it will not be compelled to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be considered confidential under

Texas Law, or pursuant to a Court order.

PAST PERFORMANCE

Respondent’s past performance shall be taken into consideration in the evaluation of RFP submittal.

JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the

State of Texas. Any and all obligations and payments are due and performable and payable in Hidalgo

County, Texas.

RIGHT TO AUDIT

The City of Edinburg reserves the right to audit the vendor’s books and records relating to the performance of this contract. The City of Edinburg, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty-four (24) hours advance notice, to audit, examine, and make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Supply/Service and/or Purchase Contract. If such an audit shall disclose overpayment by the City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of overpayment shall be promptly reimbursed by vendor to the

City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1%) per month from the date of such notice until paid.

OPEN RECORDS

City will work to keep all replies and bid prices confidential, however, City considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore; shall be subject to public disclosure under the Texas Public Information Act (Texas Government code, Chapter 552). Notwithstanding the foregoing, disclosure of information related to this solicitation shall be made only after a contract is awarded.

VENUE

The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Hidalgo County, Texas.

CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS

The City may give local vendors, whose principal place of business is located within the City of Edinburg, and whose bid is within five percent (5%) of the lowest bid price preference as allowed by Section

271.9051 of the Local Government Code.

CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent become the holder of and have access to confidential information in the process of fulfilling its responsibilities in connection with an awarded contract the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality.

TERMINATION OF CONTRACT

The City of Edinburg reserves the right to terminate the contract if, in the opinion of the City of

Edinburg, the successful vendor’s performance is not acceptable, no funds are available, or if the City wishes, without cause, to discontinue this contract. Termination will be in written form allowing a 30-day notice.

ADDENDA AND MODIFICATIONS

Respondent shall carefully examine the RFP forms, specifications/requirements, and instructions to

Respondents. Should the respondent find discrepancies in, or omissions from specifications/requirements, or other documents, or should he/she be in doubt as to their meaning, he/she should request an interpretation via the OpenGov portal:https://procurement.opengov.com/portal/cityofedinburg and obtain clarification by addendum prior to submitting any RFP. Explanations, interpretations, and supplemental instructions shall be in the form of written Addenda which shall become a part of the Contract documents. Said Addenda shall be available thru the e-procurement portal, and e-mailed, to all prospective Respondents. All Addenda issued in respect to this project shall be considered official changes to the original RFP documents.

Verbal statements in response to inquiries and/or requests for explanations shall not be authoritative nor binding. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their RFP Submittal if submitting a Hard Copy Solicitation. Electronic submittals should be acknowledged through

OpenGov. Respondent(s) signature on Addenda shall be interpreted as the respondent’s “recognition and compliance to” official changes as outlined by the City of Edinburg and as such are made part of the original solicitation documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. The City may issue a written addendum no later than five calendar days prior to the date bids must be received. Addendums are available online at https://procurement.opengov.com/portal/cityofedinburg

RFP PREPARATION COSTS

The City of Edinburg shall not be held liable for any costs incurred by any respondent for work performed in the preparation of and production of a RFP or for any work performed prior to execution of contract.

EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that they will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title

VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

AUTHORIZATION TO BIND RESPONDENT TO RFP

RFPs MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your RFP. Person signing bid must show title or AUTHORITY TO BIND HIS/HER FIRM IN A

CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the RFP. A corporation shall execute the RFP by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and addresses of all partners. All partners shall execute the

RFP. Partnership and Individual Respondent shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature.

COOPERATIVE PRICING

Bidders are advised that in addition to responding to our “local” solicitation for bids/Bids with Dealer pricing, vendors/contractors are encouraged to provide pricing on the below referenced items/products/services based on BuyBoard, TX-MAS, H-GAC and/or any other State of Texas recognized and approved cooperative which has complied with the bidding requirements for the State of Texas. If bidding other than or in addition to “dealer” pricing, kindly duplicate the bid forms for each bid being provided from a cooperative contract. Any and all applicable fees must be included. All cooperative pricing must be submitted on or before bid opening date and hour.

ETHICAL STANDARD

No City official or employee shall have interest in any contract resulting from this bid.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS “C”

MISDEMEANOR.

3.2. INSURANCE REQUIREMENTS

Staff may waive insurance requirements for contracts $0 - $4,999.99, including but not limited to contracts for food, materials, supplies, and construction. Workers’ Compensation in amounts which satisfy statutory coverage shall be required for construction projects.

The following insurance requirements will be included in all City contracts of $5,000 - $14,999.99. In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR CODE

§406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Comprehensive General Liability

(City named as additional insured)

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

The following insurance requirements will be included in all City contracts of $15,000 or more.

(1) The successful bidder will be required to carry the following insurance coverage and limits of coverage, as well as list the City as an additional insured to liability coverage as requested by the City. In addition, the successful bidder shall provide the City with evidence of coverage and furnish acceptable proof of payment of insurance premiums.

(2) The successful bidder will be required to secure and/or have insurance coverage in force with an admitted property and casualty insurance company licensed by the State of Texas to conduct business in the State of Texas.

(3) In contracts not involving building and construction projects, as that activity is defined in TEX. LABOR

CODE §406.096, contractors may obtain alternative form of worker accident insurance with minimum limits of liability of $100,000 per claim.

Minimum Insurance Requirements

Type of Coverage Limits of Liability

Worker’s Compensation Statutory Coverage

Employer’s Liability Bodily Injury by Accident:

$100,000 each accident

Bodily Injury by Disease:

$100,000 each employee/$500,000 policy limit

Comprehensive General Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Comprehensive Auto Liability

Bodily Injury $100,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

City’s Protective Liability

Bodily Injury $250,000 each person/$500,000 each occurrence

Property Damage $100,000 each occurrence/$100,000 aggregate or $500,000 combined single limits

Policies must name the City of Edinburg as an Additional Insured.

Certificates of insurance naming the CITY as an additional insured shall be submitted to the CITY for approval prior to any services being performed by Contractor. Each policy of insurance required hereunder shall extend for a period equivalent to, or longer than the term of the Contract, and any insurer hereunder shall be required to give at least thirty (30) days written notice to the CITY prior to the cancellation of any such coverage on the termination date, or otherwise. This Contract shall be automatically suspended upon the cancellation, or other termination, of any required policy of insurance hereunder, and such suspension shall continue until evidence that adequate replacement coverage is provided to the CITY. If replacement coverage is not provided within thirty (30) days following suspension of the Contract, the Contract shall automatically terminate.

4. SPECIFICATIONS

4.1. Scope and Background

The City is soliciting proposals to meet its electric power requirements for all its facilities that are subject to competition. The City is currently contracted through May 31, 2023. The City is requesting pricing for a minimum term of 24 months and a maximum term of 120 months to start on June 1, 2023. The successful respondent must be able to provide a reliable supply of electric power and associated services to enable the City to meet its continuous and instantaneous demands and be able to meet load growth. Contracts must have the following: add and delete language, full swing, option to blend and extend, 4cp option. A fee of .003 to be added on all terms for Valiant Energy Sources. LLC the city’s energy consultants.

4.2. Pricing

*The City will evaluate responses to determine which are most acceptable based on the factors indicated in this RFP. Upon completion of evaluations, a short list of the most acceptable companies will be contacted at a later date to provide current executable prices.

*All proposal pricing must be presented in a single fixed energy rate expressed per kWh for a discrete period using the form provided. If any portion of the price, including congestion charges (both intra-zonal and inter-zonal), ancillary services, system losses, or other items are not included or subject to adjustment, please provide a detailed explanation of such.

*Any pricing information to be provided is to be as of the market close date specified by the City. The proposal must contain fixed energy price proposals for the period commencing on June 1, 2023 for all term length with, two 1 year extensions or blend and extend options. All responses that fail to provide pricing in accordance with this section will not be considered.

*All energy pricing must be “delivered” pricing to the City for firm, full requirements service and represent the entire charge on a per kWh basis for energy (including ERCOT imposed fees), except for non-by passable charges levied by the appropriate transmission or distribution service provider and taxes; such charges which shall be passed on to the City on an as-billed basis, including B2B credits, and refunds, if any. Respondent must specify what taxes are not included in their proposal response and if these taxes would rebilled separately on the invoice. Respondent agrees to not charge the City any taxes from which the City may be exempt.

5. VENDOR QUESTIONNAIRE

5.1. ........................................................................................................ Pr oposal*

Please upload your entire proposal here as one complete PDF document.

Please do not upload multiple files.

*Response required

5.2. ........................................................................................................ Ple ase provide your contract template.*

*Response required

5.3. ........................................................................................................ Re quired Forms

5.3.1. Please fill out and sign the Conflict of Interest Disclosure form and upload here*

Please download the below documents, complete, and upload.

• CONFLICT_OF_INTEREST.pdf

*Response required

5.3.2. Please fill out and sign the General Questionnaire and upload here*

Please download the below documents, complete, and upload.

• GENERAL_QUESTIONNAIRE.pdf

*Response required

5.3.3. Please fill out the Litigation Disclosure Form and upload here*

Please download the below documents, complete, and upload.

• LITIGATION_DISCLOSURE_FORM.pdf

*Response required

5.3.4. Please fill out and sign HB 89 and upload here*

HB 89

(35) The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas

Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

https://government-project.s3.us-west-2.amazonaws.com/35171/95be07f1-80fd-4c92-b05d-0803eef73b61_CONFLICT_OF_INTEREST.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=2Gss27goArC5IahJWktimkUHv78%3D&response-content-disposition=attachment%3B%20filename%3D%22CONFLICT_OF_INTEREST.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c69185ef-ade8-44db-b651-c53a4cfcadac_GENERAL_QUESTIONNAIRE.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=7oUX8iJPdfrFv95nqNTPLeN%2F5nE%3D&response-content-disposition=attachment%3B%20filename%3D%22GENERAL_QUESTIONNAIRE.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/5ab2a5cb-2670-4b00-b60a-2254370693af_LITIGATION_DISCLOSURE_FORM.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=NRzlobGbo8Lfp9HJ0XY91011c3w%3D&response-content-disposition=attachment%3B%20filename%3D%22LITIGATION_DISCLOSURE_FORM.pdf%22

1) does not boycott Israel; and

2) will not boycott Israel during the term of the contract

Please download the below documents, complete, and upload.

• HOUSE_BILL_89_VERIFICATION.pdf

*Response required

5.3.5. Please fill out and sign the Senate Bill 13 and upload here*

SB 13 ENERGY COMPANY BOYCOTTS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas

Local Government Code 2274.001. Subtitle F, Title 10, Chapter 809 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it:

1) does not boycott energy companies and will not boycott energy companies during the term of the

Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required, or

2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

• SENATE_BILL_13_VERIFICATION...

*Response required

5.3.6. Please fill out and sign the Senate Bill 19 and upload here*

SB 19 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATIONS

The 87th Texas Legislature approved new legislation, effective Sept. 1, 2021, which amends Texas

Local Government Code Section 1. Subtitle F, Title 10 of the Texas Government Code 2274.002, Respondent verifies that it:

1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and

2) will not discriminate during the term of the contract against a firearm entity or firearm trade association.

If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. If circumstances relevant to this provision change during the course of the contract, Respondent shall promptly notify Agency.

Please download the below documents, complete, and upload.

https://government-project.s3.us-west-2.amazonaws.com/35171/c07f36ac-db17-454d-83c9-d2a2281cf51f_HOUSE_BILL_89_VERIFICATION.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=micUxJedIK6e6leZdaFnyls1BpQ%3D&response-content-disposition=attachment%3B%20filename%3D%22HOUSE_BILL_89_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/c710f55a-94d1-4c76-9283-076e75335e0b_SENATE_BILL_13_VERIFICATION.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=bNtDx75JJWqVoM9NIuTPRxPCieE%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_13_VERIFICATION.pdf%22

• SENATE_BILL_19_VERIFICATION...

*Response required

5.3.7. Please fill out and sign the Non-Collusion Affidavit and upload here*

NON-COLLUSION AFFIDAVIT

Submitters, by submitting a signed submission, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under Texas or United

States law.

Please download the below documents, complete, and upload.

• CITY_OF_EDINBURG_NONCOLLUSI...

*Response required

5.3.8. Please fill out the Conflict of Interest form found in the following link https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf and upload here. Attached you will find a sample of the form*

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire

Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of the City of Edinburg not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government

Code. A person commits an offense if the person violates Section 176.006, Local Government Code.

An offense under this section is a Class C misdemeanor.

For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

• Form_CIQ_(Conflict_of_Inter...

*Response required

5.3.9. If awarded the 1295 form will need to be provided*

CERTIFICATE OF INTERESTED PARTIES (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the

Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.

https://government-project.s3.us-west-2.amazonaws.com/35171/d9b61aad-d5e5-43dd-9c94-7b21dba5c8bf_SENATE_BILL_19_VERIFICATION.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=Ls1DfBm94a0HHfjpWMcvkYIoQCg%3D&response-content-disposition=attachment%3B%20filename%3D%22SENATE_BILL_19_VERIFICATION.pdf%22 https://government-project.s3.us-west-2.amazonaws.com/35171/f1053d7d-f287-45d2-938d-693f4e7bc62a_CITY_OF_EDINBURG_NONCOLLUSION_AFFIDAVIT.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=eLXGVei44MS0aWOFFXQqG%2FnuUDo%3D&response-content-disposition=attachment%3B%20filename%3D%22CITY_OF_EDINBURG_NONCOLLUSION_AFFIDAVIT.pdf%22 https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://government-project.s3.us-west-2.amazonaws.com/44025/73e016c0-fb2e-440e-9338-e2ab4c1a4fd1_Form_CIQ_%28Conflict_of_Interest_Questionnaire%29_Sample.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1682184817&Signature=vyHfuoHwBuDGqlBWsMCG5IuNF6M%3D&response-content-disposition=attachment%3B%20filename%3D%22Form_CIQ_%28Conflict_of_Interest_Questionnaire%29_Sample.pdf%22

For more information go to the Texas Ethics Commission web page at https://www.ethics.state.tx.us/filinginfo/1295/

☐ Yes

☐ No

*Response required

5.3.10. Please upload your current insurance certificate.*

Please upload your current insurance certificate.

*Response required

5.3.11. If you have any proprietary documents, please attach the redacted document here.

5.4. ........................................................................................................ Co mpany Profile

5.4.1. Type of Operation*

☐ Individual

☐ Government

☐ Partnership

☐ Corporation

*Response required

5.4.2. REP Certification Number*

*Response required

5.4.3. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, please provide details.*

*Response required

5.4.4. Provide any details of all past or pending Notices of Violations at the Texas Public Utility Commission naming your company in the past three (3) years.*

*Response required

5.4.5. Provide a customer reference list of at least three (3) organizations for which you currently provide your products/services or have provided products/services of the type and scope requested herein in the ERCOT market over the past five years.

https://www.ethics.state.tx.us/filinginfo/1295/

References must include organization name, contact person, telephone number and length of business relationship.*

*Response required

5.4.6. Provide information regarding any additional services or benefits not otherwise identified in this RFP that Respondent would propose to provide the City.*

*Response required

5.4.7. Describe your customer service and management programs and processes, which would be available to the City.*

*Response required

5.5. ........................................................................................................ Cu stomer Service/Billing

5.5.1. A. Will you provide a dedicated customer service team specific to this contract (as opposed to a general 1-800 number)*

☐ Yes

☐ No

*Response required

5.5.2. At the time of invoicing, is a missing meter read omitted from invoicing or billed based on an estimate to be trued up later*

☐ Omitted from Invoice

☐ Estimated

*Response required

5.5.3. Can contracted meters be broken out into separate billing groups that can be invoiced separately?*

☐ Yes

☐ No

*Response required

5.5.4. If yes, can all groups be invoiced on the same day?*

☐ Yes

5.5.5. Monthly Customer or Fixed Charge*

☐ per ESIID

☐ Customer

*Response required

5.5.6. Switching Charge*

☐ per ESIID

☐ Customer

*Response required

5.6. ........................................................................................................ En ergy Costs

5.6.1. Is this energy cost a fixed rate?*

☐ Yes

☐ No

*Response required

5.6.2. Are there additional costs for consuming more or less energy than the contracted amount?*

☐ Yes

☐ No

*Response required

5.7. ........................................................................................................ An cillary Services Cost

5.7.1. Are the ancillary services cost fixed?*

☐ Yes

☐ No

*Response required

5.7.2. Is this cost included in the Energy Rate?*

☐ Included

☐ Excluded

5.7.3. If fixed, can this fixed cost be increased under specific contractual conditions?*

☐ Yes

☐ No

*Response required

5.7.4. If fixed and fixed cost were to decrease, will any amount be refunded to the client?*

☐ Yes

☐ No

*Response required

5.8. ........................................................................................................ No dal Congestion Cost

5.8.1. Are the Nodal Congestion Costs fixed?*

☐ Yes

☐ No

*Response required

5.8.2. Is this cost included in the Energy Rate?*

☐ Included

☐ Excluded

*Response required

5.8.3. Will this fee appear on a separate line on the bill?*

☐ Yes

☐ No

*Response required

5.8.4. If fixed, can this fixed cost be increased under Specific contractual conditions?*

☐ Yes

5.8.5. If fixed and this fixed cost were to decrease, will any amount be refunded to the client?*

☐ Yes

☐ No

*Response required

5.8.6. Contractually, is the Hub to Load Zone price differential included in the Congestion Cost price?*

☐ Yes

☐ No

*Response required

5.9. ........................................................................................................ Ch arge Per Meter

5.9.1. How often are costs per meter charged?*

*Response required

5.10. ...................................................................................................... Ot her

5.10.1. Are estimated transmission line losses included?*

☐ Yes

☐ No

*Response required

5.10.2. If so, what percentages of losses are included?*

*Response required

5.10.3. Can an unlimited number of meters be added and Deleted at ZERO cost?*

☐ Yes

☐ No

*Response required

5.10.4. If so, what would be the annual addition/deletion percentage? *

*Response required

5.10.5. Will the additional meters be added to the Contract at the same contracted rate?*

☐ Yes

6. PRICING PROPOSAL

BROKERAGE FEE

Line Item Description Unit Cost Unit of Measure

1 Aggregation Fee/Brokerage Fee $0.003 per kWh

TWENTY-FOUR (24) MONTH TERM ENERGY PRICE

Line Item Description Unit of Measure Unit Cost Price Subject to

Adjustment

(Y/N)

1 Energy Price (Fixed All In Price) All prices in cents/kwh

2 Ancillary Services Cost Price All prices in

3 Nodal Basis Cost (Congestion) Price All prices in

4 Losses Price All prices in

5 Aggregation Fee All prices in

6 Other Fees All prices in

THIRTY-SIX (36) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

Adjustment

(Y/N)

FORTY-EIGHT (48) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

SIXTY (60) MONTH TERM ENERGY PRICE

(Y/N)

SEVENTY-TWO (72) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

EIGHTY-FOUR (84) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

NINETY-SIX (96) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

(Y/N)

ONE HUNDRED EIGHT (108) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

ONE HUNDRED TWENTY (120) MONTH TERM ENERGY PRICE

Adjustment

(Y/N)

(Y/N)

7. EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Company Profile

Retail Electric Provider refer to section 3 and 4

Points Based 15 (15% of Total)

2. Capacity to Perform

Retail Electric Provider should meet the city’s needs. Add/ Delete language, Full swing, blend and extend, 4cp, and any additional services to benefit the city

Points Based 25 (25% of Total)

3. Price

Retail Electric Provider must propose best overall rate and term that benefits the city’s longevity and growth.

Points Based 60 (60% of Total)