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

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H - 1- MEFIELD E N E R G Y 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" shall 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 Homefield. B. "Act" shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1-1 et 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 Good Energy, L.P.; 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 1-92 of the Act to facilitate for the applicable residential and small commercial customers the sale and purchase of electricity and related services. G. "Aggregator" shall mean City of Decatur, acting by and through its corporate authorities, and authorized Aggregator employees. H. "Aggregator Designee" shall mean the person (or persons) empowered by Aggregator through Ordinance to authorize and execute a contract price lock for electricity supply on behalf of the Aggregator's governing authority or body. I. "Alternative Retail Electric Supplier" or "ARES" shall mean an entity certified by the ICC to offer electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation, resellers, aggregators and power marketers but shall not include the Electric Utility or the Aggregation Members. For purposes of this Agreement, the definition of Alternative Retail Electric Supplier is more completely set forth in 220 ILCS 5/16-102. J. "Ameren Illinois" or "Ameren" or "Utility" shall mean the Ameren Illinois Utility Company, or its successor, as the entity that has a franchise, license, permit or right to distribute, furnish or sell electricity to retail customers within the Aggregator's jurisdiction. K. "Ancillary Services" shall mean the necessary services that shall be provided in the generation and delivery of electricity. As defined by the Federal Energy Regulatory Commission, "Ancillary Services" include, without limitation: coordination and scheduling services (load following, energy imbalance service, control of transmission congestion); automatic generation control (load frequency control and the economic dispatch of plants); contractual agreements (loss compensation service); and support of system integrity and security (reactive power, or spinning and operating reserves). L. "Customer Information" shall mean information specific to individual Members, and/or Eligible Retail Customers, as applicable, including customer name, address, account number, and usage information. 2