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R-17-03VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R -17 -3 A RESOLUTION AUTHORIZING THE PARTICIPATION IN THE NORTHERN ILLINOIS MUNICIPAL ELECTRIC COLLABORATIVE (NIM EC) AND AUTHORIZING THE VILLAGE MANAGER TO APPROVE A CONTRACT WITH THE LOWEST COST ELECTRICITY PROVIDER FOR A PERIOD UP TO 36 MONTHS. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 17TH DAY OF JANUARY, 2017. Published in Pamphlet Form by Authority of the Corporate Authorities of the Village of Deerfield, Illinois, this 17`x' day of January, 2017. RESOLUTION NO. R -17 -3 A RESOLUTION AUTHORIZING THE PARTICIPATION IN THE NORTHERN ILLINOIS MUNICIPAL ELECTRIC COLLABORATIVE (NIMEC) AND AUTHORIZING THE VILLAGE MANAGER TO APPROVE A CONTRACT WITH THE LOWEST COST ELECTRICITY PROVIDER FOR A PERIOD UP TO 36 MONTHS. WHEREAS the Village of Deerfield, Lake and Cook County, Illinois, ( "The Village ") is a municipality and a home rule unit of government duly organized and validly existing in accordance with the Constitution of the State of Illinois of 1970; and, WHEREAS, on January 2, 2007, the State of Illinois implemented a plan to deregulate Commonwealth Edison; and, WHEREAS, as a result of this deregulation, electricity may be purchased based on market price and Commonwealth Edison, will no longer be the sole supplier of electricity in northern Illinois, resulting in new electricity suppliers being able to compete against Commonwealth Edison, and competitive market forces dictating the price of electricity; and, WHEREAS, municipalities across the State now look to enter the market to purchase electric power in order to mitigate some of the economic impact of rising rates, which, on a practical basis, can best be accomplished by using a third party who will serve as a broker for the municipalities and has the knowledge and experience to seek bids from the various electricity providers; and, WHEREAS, the Village has selected the Northern Illinois Municipal Electric Collaborative (NIMEC) to serve as the Village's broker relative to the acquisition of electrical energy due to NIMEC's municipal experience and the fact that NIMEC is a municipal Collaborative which will be aggregating the energy needs of members of the Collaborative in order to secure more competitive pricing based in higher volumes than can be provided individually to a single municipality; and, WHEREAS, the amount of compensation that NIMEC receives, if the Village chooses the NIMEC electricity supplier, is included in the electricity prices supplied by NIMEC, so there will be no direct payment made to NIMEC by the Village; and, WHEREAS, the Village has been working with NIMEC since 2008, and the Village has enjoyed a good working relationship with NIMEC; and, WHEREAS, Commonwealth Edison will no longer offer a fixed rate energy rate for large or medium sized commercial accounts and would instead charge based on a floating hourly rate and the Village desires to enter the market to secure a fixed rate, up to 36 months in term. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: Section 1. That the Northern Illinois Municipal Electric Collaborative (NIMEC) has been appointed the Village's broker for purposes of obtaining an electricity supply for the Village's municipal needs. Section 2. That the Village Manager is authorized to negotiate energy rates directly with suppliers in an effort to secure lower energy costs for the Village of Deerfield. Section 3. That in light of the time constraints and procedures required, applicable to the acceptance of a competitive bid for a supply of electricity, once the bids are received by NIMEC, the Village Manager is hereby authorized to sign the contract with the most optimal bidder. Section 4. That the Village Manager is authorized to name the Finance Director as his designee in matters concerning the bid. Section 5. That this Resolution, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Resolution should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or,(b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Resolution should be inconsistent with any non - preemptive state law, this Resolution shall supersede state law in that regard within its jurisdiction. [This Space Left Blank Intentionally] Section 6: The Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 17th day of January, 2017. AYES: Farkas, Jester, Seiden, Shapiro, Struthers NAYS: None ABSENT: Nadler ABSTAIN: None APPROVED this 17th day of January, 2017. Village gresident ATTES Village .ler