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Exhibit 1 - Agenda Information SheetCITY OF DENTON ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance DCM: David Gaines DATE: April 5, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with OTC Global Holdings LP, for the renewal of Energy Market Price Data (ETRM) software for Denton Municipal Electric, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000, shall be awarded by the governing body; providing for the expenditure of funds therefor; and providing an effective date (File 7917 – awarded to OTC Global Holdings LP, in the eight (8) year not-to- exceed amount of $349,800.00). The Public Utilities Board recommends approval (5 - 0). INFORMATION/BACKGROUND Denton Municipal Electric, (DME) procured an Energy Trading Risk Management (ETRM) system as recommended by an outside consultant (Deloitte) in June of 2020. The ETRM application is wholly dependent on having up-to-date market data that changes by the hour. Currently, DME is using a service from OTC Global Holdings (OTCGH). OTCGH is the world’s largest independent institutional broker of commodities, covering financial and physical instruments from offices in Chicago, Geneva, Houston, London, Louisville, New Jersey, New York, and Singapore. The company serves more than 450 institutional clients, including over 70 members of the Global Fortune 500, and transacts in hundreds of different commodity delivery points in Asia, Europe, and the Americas. The OTCGH product is a set of data that is delivered up to four (4) times daily. This data is compiled in the unique format supplied by OTCGH. The OTCGH product was procured through an Informal Request for Quotes (IRQ) that occurred after a Request for Proposal (RFP) was issued. The bid was rejected due to none of the offered services provided by the vendors being well-tailored enough to meet DME’s needs. Some respondents offered data bundled with customization and visualization that drove the cost to extremely high levels. Others offered data for natural gas, but not power and vice versa. OTCGH had all of the required data needed at the most advantageous cost for the City. DME selected OTCGH and used its data with the implementation of the ETRM system. OTCGH data files use a unique format, and the ETRM system data tables were designed to accept this format. Due to this, the ERTM cannot be fed data formats from alternate vendors without programmatic changes to the ETRM and the data system that feeds the ETRM. The added cost of this would add $20,000 to $80,000 in ancillary programmatic changes to accommodate alternative vendor data formats. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com The ETRM and the OTCGH products are at this point deeply intertwined. Tech Services performed a Lifecycle Study for the ETRM software and noted that the data service that was implemented with the ETRM should also be considered on the same 10-year horizon as the ETRM. Therefore, it should be accorded sole source designation. FY 2022 $39,000 FY 2023 $44,400 FY 2024 $44,400 FY 2025 $44,400 FY 2026 $44,400 FY 2027 $44,400 FY 2028 $44,400 FY 2029 $44,400 Total NTE $349,800 Due to the nature of the contract, the vendor will only execute agreements every two (2) years, and we are seeking approval from Council to execute them accordingly until it has met their lifecycle. Technology Services has given this item a 10-year lifecycle. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 28, 2022, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with OTC Global Holdings LP, for the renewal of Energy Market Price Data (ETRM) software for Denton Municipal Electric, in an eight (8) year not-to-exceed amount of $349,800. PRINCIPAL PLACE OF BUSINESS OTC Global Holdings LP Houston, TX ESTIMATED SCHEDULE OF PROJECT This is an eight (8) year contract. FISCAL INFORMATION These services will be funded from Denton Municipal Electric Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Smith Day, 940-349-7561. Legal point of contact: Marcella Lunn at 940-349-8333.