R2016-07 EXECUTION OF A SERVICE AGREEMENT ELECTRICITY

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SECTION 1. The statements set forth in the preamble to this Resolution are hereby found to be true and correct and are hereby incorporated into this Resolution as if set forth in fu11 in Section 1. SECTION 2. The corporate authorities of Decatur Illinois hereby authorize and direct the City Manager or his/her designee to receive and review bids and accept the bid most beneficial to the City of Decatur without further action of the Decatur City Council. The City Manager or his/her designee is hereby authorized to execute a service agreement with the bidder who submits the bid most beneficial to the City of Decatur for the supply of electricity for residential and small commercial retail customers who do not opt out of such a program, without further action of the Decatur City Council, with said execution and attestation to take place within the applicable time constraints required by the bidder; provided, however, that the energy price to be paid per kilowatt hour pursuant to the service agreement is less than the default rate currently in effect, resulting in savings for City of Decatur residential and small commercial retail customers. SECTION 3. All prior actions of the City of Decatur officials, employees, and agents with respect to the subject matter of this Resolution are hereby expressly rarified. SECTION 4. The provisions of this Resolution are hereby declared to be severable, and should any provision of this Resolution be determined to be in conflict with any law, statute, or regulation by a court of competent jurisdiction, said provision shall be excluded and deemed inoperative,unenforceable and as though not provided for herein, and all other provisions shall remain unaffected,unimpaired,valid and in full force and effect. SECTION 5. All code provisions, ordinances, resolutions, rules and orders, or parts thereof, in conflict herewith are,to the extent of such con#lict,hereby superseded. SECTION 6. This Resolution shall be effective immediately and shall remain in effect until rescinded by the City o£Decatur, and shall remain in effect for the current bid and any and all future bids associated with each occasion when the renewal of an electricity