R2020-143 Resolution Authorizing the Execution of a Service Agreement for Supply of Electricity for Residential and Small Commercial Customers Municipal Aggregration Homefield Energy

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H 0 M E F I E L D ENERGY Aggregation Program Agreement This Aggregation Program Agreement is entered into as of this 5"' day of October, 2020 ("Agreement"),by and between City of Decatur("Municipality'also referred to as"Aggregator"),an Illinois municipal corporation, and Illinois Power Marketing Company d/b/a Homefield Energy ("Supplier"), an Illinois corporation with an office located at 1500 Eastport Plaza Drive, Collinsville, Illinois 62234. Supplier and Aggregator are sometimes hereinafter referred to individually as a"Party or collectively as the"Parties". WITNESSETH WHEREAS, Section 1-92 of the Act authorizes the corporate authorities of a municipality to establish a program to aggregate electrical loads of residential and small commercial retail customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services for those electrical loads;and WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electricity Aggregation Program as an"apt-out'program that applies to all residential and small commercial retail electrical customers who do not affirmatively choose not to participate;and WHEREAS, Aggregator has received authorization through its referendum to proceed with an "opt-out" Aggregation Program pursuant to the Act;and WHEREAS,Aggregator has issued a Request for Proposal on September 2,2020;and WHEREAS,Supplier is an ARES registered with and certified by the ICC;and WHEREAS,Aggregator has selected Supplier as the supplier for the Aggregation Program;and WHEREAS, Aggregator and Supplier desire to establish the rights and obligations of the Parties with respect to the Aggregation, including but not limited to determining a price and supplying the Aggregation and related services. NOW,THEREFORE,the Parties,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,agree as follows: ARTICLE 1:RECITALS The foregoing recitals are,by this reference,fully incorporated into and made part of this Agreement for all purposes. ARTICLE 2:DEFINITIONS Whenever used in this Agreement,the following terms shall have the meanings defined below except where the context indicates otherwise: A. "Affiliate" shalt mean any person, firm, corporation (including, without limitation, service corporation and professional corporation),partnership(including,without limitation,general partnership,limited partnership and limited liability partnership),limited liability company,joint venture, business trust,association or other entity that now or in the future directly or indirectly controls,is controlled by,or is under common control with Supplier. B. "Act"shall mean the Illinois Power Agency Act,20 ILCS 3855/1-1 of seq. C. "Aggregation"or"Municipal Aggregation"shall mean the pooling of residential and small commercial retail electrical loads located within the Aggregator's jurisdiction for the purpose of soliciting bids and entering into service agreements to facilitate for those loads the sale and purchase of electricity and related services,all in accordance with Section 1-92 of the Act. D. "Aggregation Consultant"or"Consultant'shall refer to CQI Associates LLC;the independent consultant with demonstrated expertise in electric supply contracting that has been retained by Aggregator to assist with the implementation of the Aggregation Program. E. "Aggregation Member"or"Member" shall mean a residential or small commercial retail electric account enrolled in the Aggregation Program,and shall be consistent with the definition of"Eligible Retail Customer" as provided for herein. F. "Aggregation Program"or"Program"shall mean the program adopted by Aggregator pursuant to Section City of Decatur.HMNEG.Agg Program Agreement.MGM.10.05.2020 Page t of 12