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Exhibit 1 - Agenda Information SheetCity of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement ACM: Cassey Ogden DATE: June 27, 2023 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, rejecting any and all competitive proposals under RFP 7678 for the Landfill Gas to Energy (LFGE) Project; and providing an effective date (RFP 7678). INFORMATION/BACKGROUND Up until 2020, the City was operating a Landfill Gas to Energy (LFGE) project that created electricity through the combustion of landfill gas (LFG); however, Denton Municipal Electric bought out the contract for this end-use and decommissioned the project, because it was not financially advantageous to DME and the City. The City then commissioned SCS Engineers to conduct a study on possible LFGE projects at the landfill, and the following conclusions were provided: • Sufficient LFG exists to support beneficial reuse • Flaring and High BTU uses are financially viable. The return on investment for High BTU is driven by the sale of LFG at a discounted Natural Gas Price and the viability and continued demand for Green Energy Renewable Identification Numbers (RINs) and Renewable Natural Gas (RNGs) Additional biogas for this project would be provided for the project from the Pecan Creek Wastewater Treatment Plant (WWTP). This LFGE project is in conjunction with the Solid Waste and Water Utilities departments. This would be a revenue-generating contract; the City shall receive an allocation of the Net Sales Revenue from the sale of Gas to Third Party Purchasers subject to the contract terms and conditions. On May 21, 2021, a Bid Invitation/Request for Proposal was opened, giving potential bidders one month and thirty days to submit their proposal. At the conclusion of the invitation, three companies entered bids (Renuity Renewable Solutions-Denton, LLC, Morrow Energy, and Waga Energy). Due to ambiguity in the proposal received by the City, the evaluation scoring criteria and calculations need to be revised to provide clarity to responders. With Council direction to reject all bids, the project will be resolicited as soon as possible. In accordance with the Local Government Code 252.043, the City Council may reject any and all bids. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 26, 2023, the Public Utilities Board recommended this item to the City Council for consideration. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com RECOMMENDATION Staff recommends rejection of all proposals for the Landfill Gas to Energy project. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Eugene McKinnie, 940-349-8043 Legal point of contact: Marcella Lunn at 940-349-8333.