HomeMy WebLinkAbout#5128 Homefield Energeny & Dynegy Company & City RESOLUTION NO 5128
A RESOLUTION APPROVING AN ELECTRICITY SUPPLY AGREEMENT BETWEEN HOMEFIELD
ENERGENY,A DYNEGY COMPANY,AND THE CITY OF CANTON
WHEREAS, on November 7, 2017 the Canton City Council determined that it is necessary and in the best
interests of the City of Canton to go out for bids for the supply of electricity for the property owned by the City of
Canton;
WHEREAS, the City of Canton gave the Mayor the authority to accept bids on behalf of the City of
Canton;
WHEREAS, the Mayor accepted the bid and entered into the electricity supply agreement with Homefield
Energy,A Dynegy as set forth in Exhibit"A"attached hereto and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
I. That the agreement attached hereto and incorporated herein as Exhibit"A" is hereby approved by the
Canton City Council.
2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 19th day of December, 2017
upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Chris Jump,John Lovell,Craig West,Tad Putrich, Angeila Lingenfelter,
Justin Nelson
NAYS: None
ABSENT: Alderwoman Angela Hale
ABSTAIN: None
APP'OfD:Ai
AI 0
en A. McDowel , .r
ATTES
Di,fa. y«(City Clerk
HO.MEFIELD
ENERGY. A DVNEGY COMPANY
ELECTRIC SERVICE AGREEMENT—EXHIan A
INVOICE 8 CONTACT INFORMATION
ILLINOIS POWER MARKETING D/B/A HOMEFIELD ENERGY CITY OF CANTON("Customer")
("Supplier)
Attn: Customer Care Atm: Kent A.McDowell
1500 Eastport Plaza Dr 2 North Main Street
Address: Collinsville Address: Canton,IL 61520
IL 62234
Telephone: 888-451-3911 Option-3 Telephone: 309{47-00E5
E-Mail: HFEContracts@dynegy.com Email: kmcdowell@cantoncityhall.org
DUNS It: 157912432 DUNS X:
Federal Tax ID*: 37-1395583 Federal Tax ID M.
Utility: Ameren Illinois
Regional Transmission Organization(RTO): MISO
Broker/Consultant(R blank,N/A): DaCott Energy Services
Eligibility:This Agreement is only applicable to accounts that are less than 400 kW, and if more than one account less than 2,000
kW in aggregate, as defined by the Utility("Utility')and as designated at the time of execution of this Agreement. Customer must
complete and sign Exhibit A and return all pages of this Agreement to Supplier. Supplier reserves the right to not initiate service
under this Agreement if,at Supplier's sole discretion,it is determined Customer is ineligible for this offer.
Net Metering.Customer must enroll,and be accepted In,as applicable by state law,Supplier's net metering program In order to
participate In net metering with Supplier.
THIS EXECUTABLE OFFER BECOMES BINDING UPON EXECUTION SUBJECT TO CUSTOMER EXECUTING THE AGREEMENT PRIOR TO
MIDNIGHT ON November 9,2017 CST
THE TERMS AND CONDITIONS HEREIN ARE HIGHLY CONFIDENTIAL AND PROPRIETARY AND SHALL NOT BE RELEASED TO ANY
PERSON,FIRM OR ENTITY WITHOUT THE EXPRESSED PERMISSION OF SUPPLIER.
Table 1
SelectTerm: Quote a: Delivery Term Begins: Delivery Term Ends: Power Price(/kWh):
A 0-00208966 December 2017 December 2018 $0.04326
Pit-l Q-00208967 December 2017 December 2019 $0.04452
Q-00208968 December 2017 December 2020 $0.04527
Customer Notice,H different from above:(Do not use P.O.Box)
CITY OF CANTO
/II ATTN:
Signature:
Print Name:
Kent A.McDowell
Address°
Print Title: Mayor E-mail:
/Date: 11/9/2017 Phone:
Y Check here if you are a local government entity as defined by 50 ILLS 505/Local Government Prompt Payment Act.
By signing above,you certify that 1)you are authorized to enter into this Agreement with Supplier,2)you have read the Terms&
Conditions of this Agreement and Customer will be bound by such Terms&Conditions,and 3)Customer authorizes Supplier to
enroll the Account(s)listed in Table 2 with the Utility which will allow Supplier to provide retail electric services.
Upon execution by Customer and delivery to Supplier,this Agreement is binding. Please retain a copy for your records and send a
signed copy to HFEContracts@dynegy.com.Supplier will forward all necessary documents to the Utility.
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ELECTRIC SERVICE AGREEMENT—ACCOUNT INFORMATION
ACCOUNT INFORMATION FOR
CITY OF CANTON AS OF November 9,2017
Table 2
Account R Bill Group Service Location
6214002116 20 350 W HICKORY STREET, CANTON,IL 61520
3333031069 16 TRAFFIC UGHTS, CANTON,IL 61520
3487130009 12 E BANNER DIKE RD, CANTON,IL61520
3504009214 16 WATER TOWER UG HIS, CANTON,IL 61520
2058046011 15 23900E TREATMENT PLANT KILROY UFT, CANTON,IL 61520
8614000714 17 190 STONEGATE DRIVE, CANTON,IL 61520
9414000013 18 25495 N LAKESHORE DRIVE, CANTON,IL 61520
9914001618 20 5 W TAMARACK STREET, CANTON,IL 61520
0423108078 4 TRAFFIC UGHTS, CANTON,IL 61520
0619162010 4 TRAFFIC LIGHTS, CANTON,IL 61520
0779007011 17 CITY TRAFFIC LIGHTS, CANTON,IL 61520
0928015041 5 225 5 3RD AVE, CANTON,IL 61520
0983068015 2 101E SPRUCE STREET SHED, CANTON,IL 61520
3993008915 4 61 N MAIN ST JONES PARK ELEC, CANTON,IL61520
4204001913 2 101E SPRUCE STREET, CANTON,IL 61520
4504000515 6 11TH AVE, CANTON,IL61520
6514000610 18 26900 N BOAT DOCK RD WELL 2 ELEC, CANTON,1161520
7593008615 4 800 ANDERSON PL, CANTON,IL61520
8104000217 5 1 DEPOT RD, CANTON,IL 61520
8493009910 4 123E PINE STREET, CANTON,IL 61520
8613126001 18 BOAT DOCK LIGHTING, CANTON,IL 61520
1793008911 4 ANDERSON LIFT STATION, CANTON,1161520
2004000821 5 14TH AVE, CANTON,IL61520
2019008000 4 2 N MAIN STREET, CANTON,IL 61520
2114001710 15 E WALNUT EASTSIDE LIFT, CANTON,IL 61520
2204009418 15 RR21ND PARK LIFT, CANTON,IL 61520
2291031006 20 140 W CHERRY STREET GREENWOOD CEMTR, CANTON,IL61520
4204008523 15 W LOCUST STREET, CANTON,IL61520
4214002911 20 350 W HICKORY, CANTON,IL 61520
4404007227 18 2 N MAIN STREET, CANTON,IL 61520
5014001112 15 37 5 20TH STREET, CANTON,IL 61520
5104008711 15 520 W LOCUST STREET, CANTON,IL 61520
5593009518 4 27 VAN BUREN, CANTON,IL 61520
3204001816 2 101 E SPRUCE STREET FIRE STATION 1, CANTON,IL 61520
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•
ELECWWK SERVICE AGREEMENT-TERMS AND CONDITIONS CUSTOMER'S AFFIRMATIVE CONSENT,EVEN WHEN THERE IS A
CHANGE IN THE RATE OR OTHER TERMS AND CONDITIONS.
This Electric Service Agreement Terms & Conditions and 4.Billing and Payment
associated Exhibit A (collectively, the "Agreement"), by and Customer will receive a single bill from the Utility that contains
between Supplier and Customer and is dated and effective as of Supplier charges set forth in this Agreement and Utility charges.
the date the Exhibit A is signed by Customer, applies to, and Customer will make payments to the Utility according to the
represents the entirety of, Supplier's and Customer's Utility's billing rules and schedules. Failure to pay Supplier
understandings and agreements regarding Customer's full charges may result in the Account(s) being returned to the
requirements for electricity to the Account(s)set forth in Table 2 Utility's standard service and forfeiture of Customer's right to
("Retail Power"). Supplier and Customer may be referred to choose another retail electric service provider until past due
herein individually as a "Party'and collectively as the"Parties". amounts are paid. Failure to pay invoice charges may result in
To the extent there is a conflict in the terms, interpretation or the Account(s) being disconnected in accordance with the
understanding of this Agreement and Exhibit A, the terms of Utility's business practices. If, due to Utility rules, any
Exhibit A shall supersede the terms of this Agreement. Account(s) become ineligible for a single bill from the Utility, at
1.Power Price any time during contract,then Supplier will issue an invoice for
Supplier will arrange for delivery of Customer's Retail Power. all ineligible Account(s). Supplier's invoice will reflect the Power
The Power Price noted in Exhibit A includes charges for energy, Price for Retail Power times the kWh each month for those
capacity, applicable Regional Transmission Operator, ancillary accounts billed by supplier, Customer will make payments to
services and other market settlement charges, distribution and Supplier within twenty-one(21)days from the invoice date.Late
transmission energy losses, charges associated with the payment charges may be assessed at the rate of 1.5% per
purchase, acquisition and delivery of renewable energy month of the outstanding invoice amount if not received by the
certificates (RECs) in accordance with the applicable state- due date.If specified above that Customer is a local government
mandated Renewable Portfolio Standards("RPS")requirements, entity as defined by its local government Prompt Payment
if applicable, plus scheduling and load forecasting associated Requirements Act as indicated on Exhibit A, then in such event
with the delivery of Customer's Retail Power. Such RPS Charge said Act shall control with regard to the calculation of payment
imposed on alternative retail energy suppliers("ARES") are due due dates and late payment charges. All other provisions in this
to expire as of June 1, 2019 pursuant to the Future Energy Jobs paragraph remain the same and are in effect.
Bill(5B 2814),as amended. As of June 1,2019,ILLINOIS POWER S.Financial Responsibility
MARKETING D/B/A HOMEFIELD ENERGY will no longer charge If requested, Customer shall provide a payment history record
RPS Charge. It is understood and agreed that any RECs from the Utility to determine Customer's creditworthiness. If
purchased and retired in accordance with the aforesaid state Customer's credit becomes unsatisfactory including, but not
mandate is not the property of Customer and Customer has no limited to,a consistent pattern of late payments,as determined
claim, interest, or right to said RECs, or any value derived by Supplier in a commercially reasonable manner, during the
therefrom. Term of this Agreement,Supplier may terminate this Agreement
2.Term by 15 calendar days' notice of cancellation. Customer remains
Retail Power delivery will begin for each Account, contingent obligated to pay for all Retail Power delivered within 10
upon confirmation of successfully enrolled Direct Access Service calendar days following the termination date.
Request from the host Utility, on the first available meter 6.Termination
reading date of the month noted under Delivery Term Begins in Upon termination of this Agreement by any party for any
Table 1 or as soon as possible thereafter, and ends on the reason,Customer will return to its Utility for electricity and will
regularly scheduled meter reading date for the month noted remain responsible for all charges for electricity through the
under Delivery Term Ends in Table 1 ("Term"), unless Customer date of termination. The effective date of any termination by
and Supplier mutually agree to extend the Term of this Customer or Supplier will be the next available meter read date
Agreement in writing. Regularly scheduled meter reading dates after expiration of any required notice period and processing by
are defined by the Utility Bill. Utility and/or Supplier. If the Term or Renewal Term has not
3.Annual Renewal been fulfilled by Customer, Customer can be subjected to an
This Agreement shall automatically continue on an annual basis Early Termination Fee, by account, calculated by the Power
("Renewal Term") at the market-based costs determined by Price times estimated remaining kilowatt-hours (kWh), or the
Supplier if, at the end of the Delivery Term, Supplier and maximum amount allowed by law.
Customer have not entered into any written extension, 7.limitation of Liability
modification, amendment, or renewal of this Agreement (as UTILITY CONTINUES TO PROVIDE DELIVERY SERVICES UNDER
such is defined in Section 2 above), and if Customer has not THIS AGREEMENT; THEREFORE, SUPPLIER WILL NOT BE LIABLE
elected to obtain service from another electric service provider. FOR ANY INJURY,LOSS,CLAIM, EXPENSE,LIABILITY OR DAMAGE
THE ANNUAL RENEWAL IS AUTOMATIC,AND IF REJECTED,THIS RESULTING FROM FAILURE BY UTILITY OR TRANSMISSION
AGREEMENT MAY CONTINUE ON A MONTH-TO-MONTH BASIS. PROVIDER.SUPPLIER IS ALSO NOT LIABLE FOR ANY INJURY,LOSS
SUPPUER CAN RENEW THIS AGREEMENT WITHOUT OR DAMAGE RESULTING FROM INTERRUPTION, INSUFFICIENCY
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OR IRREGULARITIES OF SERVICE. IN NO EVENT WILL EITHER delegate all or any part of Supplier's rights and/or obligations
PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD- under this Agreement without consent from Customer.
PARTY, FOR ANY SPECIAL INCIDENTAL INDIRECT, 11.Environmental Disclosure
CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES OR FOR This Agreement incorporates the information provided to
ANY DAMAGES OF A SIMILAR NATURE ARISING OUT OF OR IN Customer or made available to Customer at Suppliers website
CONNECTION WITH THIS AGREEMENT. (www.Dvnegy.com) regarding the approximate generation
&Force Majeure resource mix and environmental characteristics of electricity
If a Party is prevented by Force Majeure from carrying out, in supply.
whole or part, Its obligations under this Agreement (the 12.Dispute Resolution
"Claiming Party") and gives notice and details of the Force In the event of a dispute concerning the observance or
Majeure to the other Party as soon as practicable, then the performance of any of the terms or conditions herein, and the
Claiming Party shall be excused from the performance of its Parties are not otherwise able to resolve such dispute within 30
obligations under this Agreement (other than the obligation to days after notice,the Parties agree the dispute shall be resolved
make payments then due or becoming due with respect to by arbitration in accordance with the rules and regulations
performance prior to the Force Majeure). The Claiming Party established by the American Arbitration Association ("AAA").
shall remedy the Force Majeure with all reasonable dispatch. Any decision rendered by the AAA shall be final and binding and
During the period excused by Force Majeure, the non-Claiming judgment may be entered by any court of competent
Party shall not be required to perform its obligations under this jurisdiction.
Agreement. "Force Majeure" shall mean an event or 13.Miscellaneous
circumstance which prevents the Claiming Party from The validity, interpretation and performance of this Agreement
performing its obligations or causes delay in the Claiming Party's shall be governed by and performed in accordance with the laws
performance under this Agreement, which event or of the state. This Agreement constitutes the entire agreement
circumstance was not anticipated as of the date this Agreement of the parties with respect to the subject matter of this
was agreed to,which Is not within the reasonable control of,or Agreement and supersedes and extinguishes any and all prior
the result of the negligence of,the Claiming Party,and which,by oral or written agreements between the parties concerning the
the exercise of due diligence or use of good utility practice, as subject matter of this Agreement. This Agreement may only be
defined in the applicable transmission tariff, the Claiming Party modified or amended through a written document signed by
Is unable to overcome or avoid or cause to be avoided,such as, both parties. Except as otherwise set forth in this Agreement,
but not limited to, acts of God; fire; flood; earthquake; war; failure or delay on the part of Supplier to exercise any right,
riots; strikes, walkouts, lockouts and other labor disputes that power, or privilege under this Agreement shall not operate as a
affect Customer or Supplier. Force Majeure shall not be based waiver of such right,power or privilege of this Agreement.
on 1) Customer's inability to economically use the Retail Power 14.Customer Service
purchased hereunder; or 2) Suppliers ability to sell the Retail For questions about this Agreement, electric supply charges, or
Power at a price greater than the price under this Agreement. a change in Customer name, please contact our Customer Care
9.Change in Law or Regulatory Event Department by calling toll-free or by e-mail at the information
In the event that any change in or enactment of any laws, found on Exhibit A. IN THE EVENT OF AN EMERGENCY, POWER
regulations, rules, decisions, entries, findings, orders, tariffs, or OUTAGE, OR WIRES AND EQUIPMENT SERVICE NEEDS,
operating procedures by any federal or state government, CONTACT YOUR UTILITY.
federal or state agency, regulatory body such as the Federal 15.Customer Information
Energy Regulatory Commission (FERC), Regional Transmission Customer authorizes Supplier to receive current and historical
Operator (RTO), UTILITY, or any similar entity relating to the energy billing and usage data from the Utility and such
generation,capacity, reliability,transmission, marketing, or sale authorization shall remain in effect during the entire Term
of electricity or renewable energy resources ("Regulatory unless Customer rescinds such authorization in writing. Supplier
Event") results in new or increased costs or tariffs to the is prohibited from disclosing Customer's social security number
Supplier, as determined in its sole discretion and judgment, and/or account number(s) without Customer's consent except
Supplier may implement the change in pricing necessary to for Supplier's own collections and credit reporting,participation
accommodate the impact of the change,which shall be effective in programs funded by the universal service fund or assigning a
on the invoice for the date that coincides with the next Monthly customer contract to another commercial retail electric service
Billing Cycle. In such event, Customer acknowledges and agrees provider.
that it shall pay for Retail Power at the revised Power Price
and/or be responsible for paying the new or increased costs or
tariffs permitted by this paragraph.
10.Assignment
This Agreement shall be binding on each Party's successors and
permitted assigns. Customer shall not assign its rights and/or
obligations under this Agreement without the prior written
consent of Supplier. Supplier may assign, subcontract or
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2%9301030 dy%Canton,248 Mon StCanuy IL 639185 53165A AMERFN CIPS 0.016 Constellation ta-13
18946011 MlroW lay 33900E Treatment Plan,Canton,IL 147,155 11,165.7 AMEREN OR 0.04836 Con9NMXm
21/40027/0 Nat.%Illinois,EU Wain RLW INS Canton,IL 33,540 17,82%0 AMERFN O3 00136 Constellation Dew
12040094/8 Sone of INw9 RP/IN Part LR,Canton,IL 67,260 5,66.7 AMEREN ON 0.04836 CmvSNNm Oz-13
2291031006 140W Mmy St ON 6mmrW 4nw.ry 3,048 254.0 AMEREN ON 0284876 ConslelWon Dew
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310400/816 Fire Station 1,101 E Spain,-Flu Station.1,Canonry IL 102,60 1y10.0 AMEREN OPS 0.04836 Constellation 117
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