R-12-08RESOLUTION NO. R2012- 08
A RESOLUTION APPROVING A CONTRACT FOR THE PROVISION OF ELECTRICITY
FOR THE VILLAGE'S ELECTRICITY AGGREGATION PROGRAM
AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE DOCUMENTATION
TO SECURE A FINAL ELECTRICITY PRICE FOR THE PROGRAM
WHEREAS, pursuant to Section 1 -92 of the Illinois Power Agency Act, 20 ILCS
3855/1 -92 ( "Act "), on April 2 , 2012, the Village President and Board of Trustees adopted
Ordinance No. 2012 -13 _, authorizing the establishment of an opt -out program for the
aggregation of electrical loads of residential and small commercial retail customers in the Village
( "Electricity Aggregation Program'); and
WHEREAS, pursuant to Section 1 -92(b) of the Act, on April 2 2012, the
Village President and Board of Trustees adopted Resolution No. 2012 -07 approving a plan of
governance for the Electricity Aggregation Program; and
WHEREAS, the Village is a member of the North Shore Electricity Aggregation
Consortium ( "Consortium'), an intergovernmental association formed to facilitate the
cooperation of its member municipalities toward obtaining the lowest possible electricity rates
for their respective residents and small businesses; and
WHEREAS, pursuant to the Act, the Consortium sought bids for the award of a
contract for the provision of electricity for the Electricity Aggregation Program ( "Contract "); and
WHEREAS, MC Squared Energy Services, LLC, of Chicago, Illinois ( "MC
Squared "), was the low responsible bidder of the firms that submitted bid packages to the
Consortium; and
WHEREAS, based upon the pricing schedule in the bid package submitted by
MC Squared, which is lower than the pricing schedule offered by ComEd, the Village anticipates
that residential and small commercial retail customers within the Village will realize significant
cost savings for electric supply to residential and small commercial retail customers; and
WHEREAS, pursuant to the terms of the Contract, MC Squared, the Village, and
the other members of the Consortium will, on a daily basis, monitor the electricity market to
identify and establish a final price for the electricity to be supplied to the Electricity Aggregation
Program; and
WHEREAS, the Village and the other members of the Consortium expect that the
daily market price quotes will result in a final electricity price for the Electricity Aggregation
Program that is deemed to be advantageous to the residents and small businesses within the
Village and the other municipalities of the Consortium; and
WHEREAS, in order to preserve the ability of the Village to establish a final
electricity price for the Electricity Aggregation Program at as low a price as practicable, the
Village President and Board of Trustees have determined that it will serve and be in the best
interests of the Village to: (i) approve the Contract between the Village and MC Squared; and (ii)
authorize the Village Manager to execute, on behalf of the Village, all documentation necessary
to secure a final electricity price for the Electricity Aggregation Program, in accordance with the
terms of the Contract;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, as follows:
Section 1. Recitals.
The foregoing recitals are incorporated into, and made a part of, this Resolution
as the findings of the President and Board of Trustees of the Village.
Section 2. Approval of Contract.
The Contract by and between the Village and MC Squared shall be, and is
hereby, approved in substantially the form attached to this Resolution as Exhibit A and in final
form approved by the Village Attorney.
Section 3. Execution of Contract.
The Village Manager and the Deputy Village Clerk shall be, and they are hereby,
authorized and directed to execute and attest, on behalf of the Village, the Contract upon
receipt by the Village Manager of at least one original copy of the Contract executed by MC
Squared; provided, however, that if the executed copy of the Contract is not received by the
Village Manager within 30 days after the effective date of this Resolution, then this authority to
execute and attest shall, at the option of the President and Board of Trustees, be null and void.
Section 4. Authorization to Execute Documentation.
A. The President and Board of Trustees shall, and do hereby, authorize the
Village Manager to execute, on behalf of the Village, all documentation necessary for the
establishment of a final electricity price, for a term of not less than 12 months nor more than 30
months, for the Electricity Aggregation Program, in accordance with and pursuant to the
Contract, and in cooperation with the Consortium and MC Squared.
B. This Resolution shall not be deemed or interpreted as obligating the
Village Manager to execute any documentation related to the establishment of a final electricity
price for the Electricity Aggregation Program. In the event that the Village Manager determines,
in his discretion and in cooperation with the Consortium, that, on any given day, the daily
market price quotes for any term between 12 months and 30 months are not favorable to the
Village, then the Village Manager shall be, and is hereby, authorized to reject such quotes on
behalf of the Village.
Section 5. Effective Date.
This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED this 2nd day of Apri)2012, by vote of the Board of Trustees of the Village of
Deerfield, as follows:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: Oppenhe im (1)
ABSTAIN: None (0)
ABSENT: Farkas
APPROVED this 2 day of April , 2012.
Village President
ATTEST-
Village Jerk,
#1103473123