2012-82 AUTHORIZING AGGREGATION OF ELECTRIC LOAD AND ADOPTING ELECTRIC AGGREGATION PLAN

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• Price per kWh and corresponding terms. • Qualifications of the Bidder. • Power supply contract flexibility. • Quality of the Response to the Request for Proposal. • Quality of Marketing Plan and Timeline. • Municipal Electric Aggregation Experience. • Any other factors deemed to be in the City's best interest. 6. Award of Bid The City will award a contract to any bidder which the City Manager determines to be in the best interest of the City. The City will not be required to award any contract. V. POWER SUPPLY SERVICE AGREEMENT The City will enter into an agreement with a selected ARES which contains the following minimum terms and conditions: A. Term: Bids by prospective ARES shall provide 12 month, 17 month, 24 month and 36 month terms. City of Decatur will select the length of term that offers the most protection against future increases in energy prices. At its discretion, the City will set the time duration of any subsequent contract term. B. Rate: The agreement shall specify the rates and the power mix as quoted in the proposal and shall specify all additional or ancillary fees. C. Compliance with Requirement in the Bid: The agreement shall require the ARES to maintain all required qualifications, and to provide all services required in the bid. D. Confidentiality of Customer Database: The ARES shall preserve the confidentiality of all Aggregation Members' account information and shall agree to adopt and follow protocols to preserve that confidentiality. The ARES, as a material condition of any contract, shall not disclose, use, sell or provide customer account information to any person, firm or entity for any purpose outside the operation of this Municipal Aggregation Program. This provision will survive the termination of the agreement. The City, upon receiving customer information from Ameren IP, shall be subject to the limitations on the disclosure of that information described in Section 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH. E. Non-Competition: The ARES must agree not to solicit or contract directly with eligible Aggregation Program customers for service or rates outside the Aggregation Program, and agrees not to use the Customer information for any other marketing purposes. F. Hold Harmless: The ARES must agree to indemnify and hold City of Decatur harmless from any and all claims, causes of action, damages, judgments, financial obligations arising out of its role as facilitator of the Municipal Aggregation. G. Insurance: The ARES shall obtain and maintain, for the duration of the Power Supply Agreement, such proof of insurance and performance security as the municipality deems necessary. Page 13 of 21