R2012-194 AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR THE SUPPLY OF ELECTRICITY

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H ` .. M E F I E LD E N E R G Y Aggregation Program Agreement This Aggregation Program Agreement is entered into as of this 11'h day of December, 2012 ("Agreement'), by and between City of Decatur("Aggregator"), an Illinois municipal corporation, and Ameren Energy Marketing Company d/b/a/ Homefield Energy ("Homefield"), an Illinois corporation with headquarters located at 1500 Eastport Plaza Drive, Collinsville, Illinois 62234. Homefield and Aggregator are sometimes hereinafter referred to individually as a"Party"or collectively as the "Parties". WITNESSETH WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92, 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 ("Aggregation"); and WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electricity Aggregation Program as an "opt-out' program that applies to all residential and small commercial retail electrical customers who do not affirmatively choose not to participate; and WHEREAS, a referendum was approved on November 6, 2012 regarding the establishment of an"opt- out"Aggregation Program pursuant to the Act; and WHEREAS, the Request for Proposal was issued on November 30, 2012; and WHEREAS, Homefield is an ARES registered with and certified by the ICC; and WHEREAS,Aggregator has selected Homefield as the supplier for the Aggregation Program; and WHEREAS, Aggregator and Homefield desire to establish the rights and obligations of the Parties with respect to aggregating, 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.