15-116 Resolution No. 15-116
RESOLUTION
RATIFYING THE EXECUTION OF AMENDMENT TO THE MUNICIPAL AGGREGATION
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF ELGIN
AND CONSTELLATION NEWENERGY, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby ratifies and approves the execution of amendment to the municipal aggregation services
agreement by and between the City of Elgin and Constellation NewEnergy,Inc.by David J.Kaptain,
Mayor, and Kimberly A. Dewis, City Clerk, a copy of which is attached hereto and made a part
hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 26, 2015
Adopted: August 26, 2015
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT TO THE MUNICIPAL AGGREGATION SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF ELGIN AND CONSTELLATION NEWENERGY,INC.
This Amendment to the Municipal Aggregation Services Agreement("Amendment"),dated as of August 20,2015
("Effective Date")is hereby made between Constellation NewEnergy, Inc. ("CNE")and the City of Elgin("City"). The City
and CNE are sometimes hereinafter referred to individually as"Party" and collectively as"Parties".
In consideration of the promises and mutual covenants set forth below,the Parties agree as of the Effective Date to
amend the Municipal Aggregation Services Agreement("Agreement")as follows:
1. The Parties agree to renew the Agreement from the October 2015 meter reads through the January 2016 meter
reads("Extended Term").
2. Specifically with respect to the Extended Term,the Parties agree to modify the Agreement as follows:
a. In Articles 4.1.a and 4.1.b,"$0.0771" is hereby deleted and replaced with "$0.0709".
b. In Article 4.2,"$0.0789" is hereby deleted and replaced with "$0.0719".
c. The Confirmation to the Agreement is hereby deleted and replaced with Attachment 1 hereto.
3. The Parties acknowledge that the Aggregation Group will be renewed by way of renewal letter.
4. The City represents that the modifications made to the Agreement herein are consistent and not in violation of
the City's Plan of Governance. Notwithstanding anything in the Agreement to the contrary, any inconsistency in
the relevant documents shall be resolved by giving precedence in the following order: (a)Attachments to this
Amendment,(b)this Amendment,(c)the Agreement,and (d)the Plan of Governance.
5. Each Party acknowledges and agrees that(a) it has the corporate,governmental and/or other legal capacity,
authority and power to execute, deliver and enter into this Amendment and any other related documents,and
perform its obligations under this Amendment and (b)it has taken all necessary actions and made all necessary
determinations and findings to authorize such execution,delivery and performance.
6. This Amendment may be executed and delivered in counterparts(including facsimile transmission or
attachment to electronic mail transmission),each of which will be deemed an original and all of which together
will constitute one and the same instrument. By way of clarification however,this Amendment will not be
effective unless both Parties have executed a counterpart.
7. By signing below,each individual additionally warrants that he or she is authorized to sign this Amendment on
behalf of the Party for which it was executed.
8. Except as otherwise amended herein,the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,this Amendment has been duly executed as of the dates set forth below.
CNE: City:
Constellation NewEnergy,Inc. City of Elgin
rI
Name: David T. Donat Name: David J. Kaptain
Title: Vice President, Retail Operations Title: Mayor
ate: 08/21/2015 Date: August 21, 2015 Attest: LaCtiS
City Clerk
Attachment 1
CONFIRMATION OF THE CITY OF ELGIN MUNICIPAL AGGREGATION SUPPLY PRICING
This Confirmation,once fully executed, is an agreement entered into pursuant to the terms of the Program Agreement
between Constellation, Inc. (the"SUPPLIER")and the city of Elgin (the"CITY"),and shall further be fully incorporated
and made a part of the Program Agreement.
SUPPLIER and CITY agree that the Aggregation shall receive the Supply Price set forth below for the Delivery Period
set forth below:
Delivery Period: October 2015 meter reads through January 2016 meter reads
Supply Price:as described in Article 4
The Price does not include utility distribution charges or applicable taxes. Both Parties recognize that the components of
the Supply Price include electric tariff charges that are authorized by the Illinois Commerce Commission, Independent
System Operator,other state or governmental agencies having jurisdiction,and/or the Federal Energy Commission.
Notwithstanding any provision in the Agreement to the contrary,any increase in these charges subsequent to the
execution of this Confirmation may be directly passed through to Aggregation Members by a corresponding increase in
the Supply Price. Vendor will provide written documentation to the City supporting such change.
City of Elgin Constellation NewEnergy,Inc.
i
By: . ( �:�wLI //i/-—/e- - By: r9 ,A T 0"...*
Name: David J. Kaptain Name: David T. Donat
Title: Mayor Title: Vice President, Retail Operations
Date: August 21, 2015 Date: 08.21.2015
Attest: i_ _ _______
City Clerk