HomeMy WebLinkAboutRESOLUTIONS-2014-023-R-14f
4/14/2014
23-R-14
A RESOLUTION
Amending the Plan of Operation and Governance for the
City of Evanston Electricity Aggregation Program
WHEREAS, pursuant Section 1-92 of the Illinois Power Agency Act, 20
ILCS 3855/1-92 ("Act"), to facilitate competitive retail electric service to promote electric
savings, lower cost of electric supplies, and other benefits, certain governmental entities
may aggregate certain electric consumers within the jurisdiction; and
WHEREAS, on March 20, 2012, the electors of the City of Evanston
approved the City's plan to create a program for the municipal aggregation of electricity
("Electricity Aggregation Program"); and
WHEREAS, as required under the Act, the City adopted an Electricity
Aggregation Plan of Operation and Governance on April 10, 2012 by Resolution 24-R-
12 (the "Plan") to implement its Municipal Aggregation Program and the City adopted an
amendment to the Plan on March 10, 2013 by Resolution 16-R-13; and
WHEREAS, the City seeks additional amendments to the Plan to allow for
more flexibility in proposals by prospective suppliers; and
WHEREAS, the City Council has determined that amending the Plan as
provided in this Resolution and the attached City of Evanston Electricity Municipal
Aggregation Plan of Operation and Governance (the "Amended Plan") would be in the
best interests of the City and its residents,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
23-R-14
a part hereof.
SECTION 1: The foregoing recitals are found as fact and made
SECTION 2: The City Council hereby adopts the amended City of
Evanston's Plan of Operation and Governance, attached hereto and incorporated herein
by reference as Exhibit "A", for the implementation and administration of the City's
Electricity Aggregation Program in accordance with the Act.
SECTION 3: This Resolution 23-R-14 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
Atte/st:
Rey Gre , City Clerk
Adopted:A?(-V1 AS , 2014
Elizleth B. Tisdahl, Mayor
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23-R-14
EXHIBIT A
Amended Plan of Operation and Governance
MASTER AGREEMENT TO PROVIDE SERVICES TO AN AGGREGATED GROUP
THE CITY OF EVANSTON, ILLINOIS
AND
ILLINOIS POWER MARKETING COMPANY D/B/A HOMEFIELD ENERGY
TABLE OF CONTENTS
SECTION 1. DEFINTIONS AND GENERAL REQUIREMENTS
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SECTION 2. RETAIL ELECTRIC SUPPLIER OBLIGATIONS
7
SECTION 3. TERM AND TERMINATION
8
SECTION 4. ENERGY SCHEDULING, TRANSMISSION, PRICING AND
DELIVERY
11
SECTION 5. BILLING AND PAYMENTS
12
SECTION 6. DEFAULT AND REMEDIES
12
SECTION 7. FORCE MAJEURE
14
SECTION 8. INDEMNIFICATION AND LIMITATION OF LIABILITY
15
SECTION 9. REPRESENTATIONS AND WARRANTIES
16
SECTION 10.CONFIDENTIAL INFORMATION
18
SECTION 11.MISCELLANEOUS
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Exhibit A — Pricing Attachment
Exhibit B — Plan of Operation and Governance
This Master Agreement ("Agreement"), is entered into as of this 29th day of April,
2014 ("Effective Date") by and between Illinois Power Marketing Company, a Dynegy,
Inc. company, d/b/a "Homefield Energy" ("Retail Electric Supplier") an Illinois
corporation with its principal place of business at 1500 Eastport Plaza Drive, Collinsville,
IL 62234 and The City of Evanston, an Illinois municipality, with its principal place of
business at 2100 Ridge Avenue, Evanston, Cook County, County, Illinois ("Evanston" or
"Governmental Aggregator"). Collectively Retail Electric Supplier and Evanston shall be
referred to collectively as the "Parties".
RECITALS
A. Retail Electric Supplier is certified by the Illinois Commerce Commission
("ICC") as an Alternate Retail Electric Supplier ("ARES") to sell competitive retail electric
service to customers in the State of Illinois utilizing the existing transmission and
distribution systems. Retail Electric Supplier is certified by the 1CC to operate as an
ARES in the service areas of Ameren Illinois Company and Commonwealth Edison
Company.
B. Retail Electric Supplier (directly or through its affiliates) is an energy
services provider with extensive experience in the provision of a broad range of energy
related services.
C. Retail Electric Supplier sells electricity and related services and equipment
("Retail Electric Supply") to corporate authorities of municipalities or boards of county
supervisors acting as governmental aggregators of residential and small commercial
retail electrical loads located within the municipality or the unincorporated areas of the
county, as authorized by 20 ILCS 3855/1-92 et seq. ("Act").
D. Both Parties have the corporate, governmental and/or other legal
capacity(s), authority(s) and power(s) to execute and deliver this Agreement and related
agreements and to perform its obligations hereunder.
E. The City of Evanston has adopted an ordinance (the "Aggregation
Ordinance") under which it may aggregate, in accordance with the Act, residential and
small commercial retail electrical loads located within the corporate limits of the City of
Evanston for the purpose of soliciting and entering into service agreements to facilitate
for those loads the sale and purchase of Retail Electric Supply (the "Aggregation
Program").
F. Evanston duly adopted an ordinance, which enables the Electrical
Aggregation Program as an opt -out program under the Act and has complied with all the
requirements of the Act to operate an opt -out program.
G. By this Agreement, the City of Evanston and Retail Electric Supplier
desires to enter into a mutually beneficial energy and services provisions relationship
whereby Retail Electric Supplier shall provide Retail Electric Supply and related
administrative services ("Administrative Services") necessary to fulfill the obligations of
this Agreement.
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H. The City of Evanston desires to enter into this Agreement with Retail
Electric Supplier to provide Retail Electric Supply to applicable residential and small
commercial retail customers through the Aggregation Program.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, and for other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1
DEFINITIONS AND GENERAL REQUIREMENTS
1.1 Definitions Governmental Agclregator Obliqations and Authoritv.
1.1.1 Act — The Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq.
1.1.2 Aggregation Area — City of Evanston, Cook County, Illinois boundaries
1.1.3 Aggregation Program — The program established by the City to provide
residential and small commercial Eligible Customers with retail electric supply as
described in this Agreement.
1.1.4 ARES — Has the same meaning as that set forth in Section 16-102 of the
Public Utilities Act. 220 ILCS 5/16-202.
1.1.5 Early Termination Date — this Agreement with Retail Electric Supplier will
terminate if an Event of Default is not cured pursuant to Section 6.2 of this
Agreement.
1.1.6 Electric Utility — The electric utility company that currently provides residential
and small commercial retail electric service in the Aggregation Area.
1.1.7 Eligible Customers — The residential and small commercial retail customers of
the current electricity supplier located within the City limits and eligible to participate
in the Aggregation Program as defined in section 1-92 of the Act (20 ILCS 3855/1-
92).
1.1.8 Event of Default — Defined in Section 6.1 of this Agreement.
1.1.9 FOIA - The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.
1.1.10 ICC — Illinois Commerce Commission
1.10.11 ISO — An ISO is an independent system operator organization that formed at
the direction or recommendation of the Federal Regulatory Commission. In areas
where an ISO is established, it coordinates controls and monitors the operation of
the electrical power system, typically within a single US State.
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1.1.12 Participating Customer — An Eligible Customer enrolled in the City's
Aggregation Program.
1.1.13 Plan — The Aggregation Plan of Operation and Governance adopted by the
Evanston City Council pursuant to the requirements set forth in Section 1-92 of the
Act.
1.1.14 Pricing Attachment - During the Term of the Agreement, Retail Electric
Supplier shall provide Retail Electric Supply to all Participating Customers at the
price set forth in the attached Exhibit "A".
1.1.15 RTO — A regional transmission organization is an organization that is
responsible for moving electricity over large interstate areas and must coordinate,
control, and monitor an electricity transmission grid.
1.1.16 Regulatory Event — Defined in Section 3.3.1 and 3.3.3 of this Agreement.
1.1.17 Tariff Service — service provided by the Electric Utility as required by 220
ILCS 5/16-103 and defined by its rates on file with the ICC pursuant to 220 ILCS 5/6
et seq. in accordance with the standard switching rules and applicable notices.
1.1.18 Term — Defined in Section 3.1 of this Agreement.
1.1.19 Transmission and Ancillary Charges - Fees, costs, and obligations based on
a change in fees assessed by a tariff(s) or law(s) promulgated by an authorized
entity, such as the ICC and Federal Energy Regulatory Commission (FERC) on
Retail Electric Supplier that are not otherwise reimbursed by the Electric Utility to
Retail Electric Supplier, regardless of whether such charges are greater than, less
than, or equal to the charges a Participating Customer currently pays for these
services to the Electric Utility.
1.2.1 The Governmental Aggregator: (1) shall take all necessary action as required by
the Act to develop, adopt and maintain an Aggregation Program for all applicable
residential and small commercial retail customers, within its boundaries (the
"Aggregation Area") that the Governmental Aggregator has determined are eligible to
participate in the Aggregation Program ("Eligible Customers"); (2) shall request the
names and addresses of Eligible Customers from the electric utility that provides
residential and small commercial retail electric service in the Aggregation Area (the
"Electric Utility"); (3) shall hold and publish notice of any required public meetings
regarding the Aggregation Program; and (4) hereby authorizes Retail Electric Supplier
to contract for Retail Electric Supply with those Eligible Customers that otherwise have
not been removed from the Aggregation Program due to circumstances that include but
are not limited to: (a) opted -out of the Aggregation Program, (b) rescind their switch to
Retail Electric Supplier as part of their enrollment in the Aggregation Program, (c)
otherwise terminate their participation in the Aggregation Program, (d) have their
participation terminated by the Governmental Aggregator, or (e) their Retail Electric
Supply terminated by Retail Electric Supplier or the Electric Utility ("Participating
Customer").
1.2.2 The Governmental Aggregator shall, on a best efforts basis and in a timely
manner, forward to Retail Electric Supplier all notices from the Electric Utility concerning
Participating Customers' accounts served pursuant to this Agreement, including but not
limited to verbal or written notices regarding transition costs, changes in the terms and
conditions of tariffs, rates or riders, and notices concerning the operation and reliability
of the Electric Utility's system.
1.2.3 Governmental Aggregator has the authority to designate, and has designated
Retail Electric Supplier as its ARES for the Eligible Customers for the Term of this
Agreement.
1.2.4 During the Term of this Agreement, the Governmental Aggregator hereby grants
Retail Electric Supplier the exclusive rights to provide Retail Electric Supply to the
Eligible Customers.
1.2.5 Customer Data and Load Forecast Information. Submit to Commonwealth
Edison a request for the identification of the Eligible Customers located within the
boundaries of the City of Evanston that are in the delivery class(es) that will be included
in the Aggregation and transfer such data to Retail Electric Supplier with the customer
address information only. This data is obtained by the City of Evanston pursuant to
Commonwealth Edison's tariff and will be used by Retail Electric Supplier for mailing
informational materials.
1.2.6 Service Inquiries and Service Notices to Customer. Participating Customers
may direct inquiries regarding this Agreement, and Retail Electric Supply provided
hereunder, and any electric generation supply or billing questions, to Retail Electric
Supplier at the address and phone number provided in Section 11.1, which address and
phone number shall be provided in communications with Participating Customers
regarding the Aggregation Program. Participating Customers should direct inquiries
concerning Electric Utility related emergency, power outage, wire or service
maintenance, metering, Electric Utility service billing or other similar Electric Utility
related concerns to the Electric Utility.
1.2.7 Point of Sale. Governmental Aggregator and Participating Customers
acknowledge and agree that Retail Electric Supplier shall have no responsibility for
damage to any property, or to any equipment or devices connected to the Participating
Customers' electrical system.
1.2.8 Coordination with Electric Utility. Governmental Aggregator shall use all
reasonable efforts to coordinate with the existing aggregator, to collect customer
information and coordinate with Retail Electric Supplier to facilitate the transfer of
existing aggregated customers to Retail Electric Supplier. Governmental Aggregator
shall transmit the compiled information which includes customer data and energy
usage.
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ARTICLE 2
RETAIL ELECTRIC SUPPLIER OBLIGATIONS
2.1 Retail Electric Supolier Obliqations.
2.1.1 Commencing on the Effective Date and during the Term, subject to the terms of
this Agreement, Retail Electric Supplier shall provide Retail Electric Supply (subject to
the terms of the appropriate transmission and/or distribution tariffs) sufficient to serve
the total electric generation needs of the small commercial retail and residential
Participating Customers. Retail Electric Supplier shall arrange for the delivery of Retail
Electric Supply in accordance with the requirements of the Participating Customers'
respective Electric Utility's RTO or ISO, which is applicable, according to the rules,
regulations, and tariffs governing Retail Electric Supply from an alternative supplier to
the point of delivery, recognizing that the Electric Utility provides utility distribution
service from the point of delivery to the Point of Sale. To the extent that any services or
requirements are provided by the Electric Utility, Retail Electric Supplier shall not be
responsible for the provision of such services. Notwithstanding the foregoing, Retail
Electric Supplier is not responsible for the performance or failure to perform of the
provider of such transmission, distribution, or ancillary services, or the consequences of
such performance or failure to perform.
2.1.2 Retail Electric Supplier shall be responsible for all acts necessary for Retail
Electric Supplier to perform its obligations hereunder, including but not limited to the
scheduling of delivery of Retail Electric Supply hereunder.
2.1.3 Retail Electric Supplier shall make available the fixed price, terms and conditions
of the Master Agreement to all Evanston residential and small commercial retail
customers that may become eligible to participate in the Aggregation Program and
desire to join the Aggregation Program at any time during the term of the Master
Agreement.
2.1.4 Provide the City of Evanston with reports and information reasonably required by
the City of Evanston, including reports to provide competent and reliable evidence to
support its purchase and retirement of renewable energy credits in a sufficient quantity
to offset the non-renewable energy provided in the mix specified in the Price Quote.
Retail Electric Supplier will provide quarterly reports showing the number of Aggregation
participants, total quantity of energy, and the Price for energy provided to the Program
as compared to the Utility default tariff services rates.
2.2 Subcontractinq. Retail Electric Supplier may not subcontract the performance of
its obligations under this Agreement without prior approval of the City of Evanston,
which approval shall not be unreasonably withheld, conditioned or delayed. The use of
subcontractors shall not relieve Retail Electric Supplier from the duties, terms and
conditions in this Agreement. For purposes of this Agreement, regional transmission
organizations, independent system operators, local utilities, customer service call
centers and renewable energy certificate counterparties are not considered
subcontractors.
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2.3 Comply with Governance Plan. Retail Electric Supplier shall comply with all the
terms and conditions of the Act and shall comply with the Plan of Operation and
Governance (the "Plan") adopted by The City of Evanston, a copy of said Plan is
marked as Exhibit "B" and made a part hereof as if fully set forth by this reference. In
the event of a conflict between this Agreement and the Plan, this Agreement shall
control. Retail Electric Supplier, at its own expense, shall be fully responsible to mail out
all required enrollment and opt -out notices to Eligible Customers according to the
requirements of the Act and any other applicable law and the form of the letter shall be
approved in advance by The City of Evanston, which approval shall not be
unreasonably withheld or delayed by The City of Evanston.
2.4 Eligible Customers that have Opted Out: After an Eligible Customer has indicated
its desire to opt -out of the Aggregation Program; Retail Electric Supplier acknowledges
And agrees not to solicit any future business from the Eligible Customer regarding
Aggregation Program participation. Notwithstanding the foregoing, Retail Electric
Supplier is not prohibited from solicitations related to mass advertising campaigns that
may indirectly market to customers who have opted out related to other commodities or
services.
2.5 Comply with the Illinois Freedom of Information Act. Pursuant to the Illinois
Freedom of Information Act, 5 ILCS 140/7(2) ("FOIA"), records in the possession of
others whom the City has contracted with to perform a governmental function are
covered by the Act and subject to disclosure within limited statutory timeframes (five (5)
working days with a possible five (5) working day extension). Upon notification from the
City that it has received a Freedom of Information Act request that calls for records
within Retail Electric Supplier control, Retail Electric Supplier shall promptly provide all
requested records to the City so that the City may comply with the request within the
required timeframe. The City and. Retail Electric Supplier shall cooperate to determine
what records are subject to such a request and whether or not any exemptions to the
disclosure of such records, or part thereof, are applicable. Retail Electric Supplier shall
indemnify and defend the City from and against all claims arising from the City's
exceptions to disclosing certain records which Retail Electric Supplier may designate as
proprietary or confidential. Compliance by the City with an opinion or a directive from
the Illinois Public Access Counselor or the Attorney General under FOIA, or with a
decision or order of Court with jurisdiction over the City, shall not be a violation of this
Section.
ARTICLE 3
TERM AND TERMINATION
3.1 Term of Agreement and Termination.
3.1.1 This Agreement may be terminated prior to the expiration of the Term, in
compliance with this Agreement's provisions, if: (1) a Party exercises its right under
Article 6 to terminate this Agreement; (2) Retail Electric Supplier fails to maintain its
ICC Certification; or (3) any of the situations described in Section 3.3 occur and Parties
are unable to mutually negotiate modification(s) to the Agreement so that the adversely-
affected Party may be restored to a reasonably similar economic position that the
adversely -affected Party would have been in but for the occurrence of the events set
forth in Section 3.3. Otherwise, the Agreement shall terminate upon the expiration of
this Agreements Term.
3.1.2 Term of Enrollment. Participating Customers shall remain enrolled in the
Aggregation Program until the Participating Customer exercises the right to opt -out, or
they otherwise terminate their participation in the Aggregation Program, their
participation in the Aggregation Program is terminated by the Governmental Aggregator,
their Retail Electric Supply is terminated by Retail Electric Supplier or the Electric
Utility, or their electric service is terminated by the Electric Utility or until this
Aggregation Program is terminated, whichever occurs first.
3.2 Interaction Between Termination Dates of this Agreement and Contracts with the
Participatinq Customer. Participating Customers initially enrolled in the Aggregation
Program shall receive Retail Electric Supply at the rate(s) set forth in this Agreement. If
this Agreement is terminated prior to the end of the Term due to a Regulatory Event,
then Retail Electric Supply will terminate early and the Participating Customers will be
switched to the applicable Tariff Service(s) provided by the Electric Utility as required by
220 ILCS 5/16-103 and defined by its rates on file with the ICC pursuant to 220 ILCS
5/6 et seq. in accordance with the standard switching rules and applicable notices. If
this Agreement is terminated pursuant to the terms of Article 6, the Retail Electric
Supply will terminate early and the Participating Customers may choose another ARES
provider or will be switched to the Tariff Service in accord with the standard switching
rules and applicable notices. The Participating Customers agreements with the Retail
Electric Supplier cannot be automatically renewed after the expiration of the Term. In
the event that the Term expires and a new Agreement with an ARES is not in place, the
Participating Customers will revert to Commonwealth Edison as the supplier of the
service.
3.3 Requlatory Contingencies.
3.3.1 Regulatory Events. The following, as well as the events described in Section
3.3.3 herein, will constitute a "Regulatory Event" governing the rights and obligations of
the Parties under this Agreement:
(i) Illegality. If, due to the issuance of an order, or adoption of, or change in, any
applicable law, rule, or regulation, or in the interpretation of any applicable law, rule, or
regulation, by any judicial, regulatory, administrative or government authority with
competent jurisdiction, it becomes unlawful for a Party to perform any obligation under
this Agreement.
(ii) Material Adverse Government Action. If (A) any regulatory agency or court
having competent jurisdiction over this Agreement requires a change to the terms of the
Agreement that materially adversely affects a Party(s), or (B) any regulatory or court
action which adversely and materially impacts a Parry's ability to perform or otherwise
provide services pursuant to this Agreement.
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(iii) New Taxes. If any tax or increases in such tax, or an application of such tax to a
new or different class of parties, is levied or enacted on Retail Electric Supplier and
effective after the Execution Date, except federal and state income taxes, employee
taxes or other taxes assessed against the business of Retail Electric Supplier as
opposed to the delivery of services under this Agreement.
3.3.2 Notice, Negotiation, and Early Termination. Upon the occurrence of a
Regulatory Event, the adversely affected Party shall give notice to the other Party that
such event has occurred. The Parties will mutually attempt to negotiate modification(s)
to the Agreement so that the adversely -affected Party may be restored to a reasonably
similar economic position that the adversely -affected Party would have been in but for
the occurrence of the Regulatory Event. If the Parties are unable, within thirty (30) days
of entering into negotiations, to agree upon modification(s) to this Agreement, the
adversely affected Party shall have the right, upon thirty (30) days' notice, to terminate
this Agreement without liability and close out its obligations hereunder.
3.3.3 Regulatory Events Defined. Regulatory changes or rulings, legislative and
agency acts, and judicial rulings covered by preceding Section 3.3.1, include but are not
limited to: (i) material changes affecting Retail Electric Supplier's ICC Certification
applicable to this Agreement/franchise status, fees, costs, or requirements; (ii) other
material changes or clarifications of federal, state or local government certification,
licensing or franchise requirements for electric power suppliers; (iii) material changes to
existing or material new charges, fees, costs, and/or obligations, including without
limitation transmission or capacity requirements or charges, that may be imposed upon
Retail Electric Supplier by an ISO or a RTO, independent transmission provider, federal
law or government agency; (iv) material changes to existing or material new charges,
fees, costs, credits, emission allowance requirements, permitting requirements and/or
obligations associated with environmental or energy law and regulations (including,
without limitation, alternative energy requirements, carbon and greenhouse gas, or
other similar controls); and (v) other material changes to, or requirements of, retail
electric customer access or aggregation programs in a manner which will not
reasonably allow a Party or the Parties to perform economically hereunder.
3.4 Termination Obliqations. Termination of this Agreement shall not relieve either
Party of the obligations) to pay amounts owed for actual performance of obligations
rendered prior to the termination of this Agreement. The Parties hereby acknowledge
and agree, to the greatest extent possible, the obligations under the Agreement will
continue for the remainder of the Agreement Term following the occurrence of a
Regulatory Event.
3.5 Termination Notices. In the event of termination hereunder, the terminating Party
shall exercise its best efforts to communicate to the non -terminating Party the upcoming
possibility of termination. In the event that this Agreement is terminated prior to the end
of the Term, each individual Participating Customer of the Aggregation Program will be
provided written notification from the terminating Party of the termination of the
Agreement at least thirty (30) days prior to termination, and in compliance with other
regulatory or legal requirements and Participating Customers will also be notified of their
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right to return to the Electric Utility or to select an alternate retail electric supplier. All
other notification(s) shall be in accordance with ICC requirements.
ARTICLE 4
ENERGY SCHEDULING, TRANSMISSION, PRICING AND DELIVERY
4.1 Schedulina. Transmission and Delivery of Power. During the Delivery Term,
Retail Electric Supplier shall schedule Energy as required by the RTO or ISO or other
transmission provider and the Electric Utility, and shall arrange for transmission and
distribution service to the Participating Customers. Retail Electric Supplier will arrange
for necessary electric distribution and transmission rights for delivery of such Energy to
provide the Retail Electric Supply hereunder and subject to the understanding that
Retail Electric Supplier has an obligation to make deliveries to Participating Customer
as set forth in Section 2.1 except pursuant to Sections 3.3 or Article 7 of this
Agreement. Retail Electric Supplier does not take responsibility for any delivery of
services supplied by the Electric Utility or RTO, or for the consequences of the failure to
provide such services. Retail Electric Supplier shall not be responsible to Participating
Customer in the event the Electric Utility, RTO or ISO, disconnects, suspends, curtails
or reduces service to Participating Customer (notwithstanding whether such
disconnection is directed by the RTO) in order to facilitate construction, installation,
maintenance, repair, replacement or inspection of any of the Electric Utility's facilities, or
to maintain the safety and reliability of the Electric Utility's electrical system, or due to
emergencies, forced outages, potential overloading of the Electric Utility's transmission
and/or distribution circuits, or Force Majeure or for any other reason permitted by the
Electric Utility's tariff or any other acts or omissions of the Electric Utility.
4.2 Pricing. During the Delivery Period, Retail Electric Supplier shall provide Retail
Electric Supply to all Participating Customers at the price set forth in the attached
Pricing Attachment (Exhibit A). There will be no discount given on Transmission and
Ancillary Charges if they are identified in a separate tariff or rider approved by the ICC.
4.3 Failure of Delivery. In the event that Retail Electric Supplier fails to schedule all
or part of the Retail Electric Supply as set forth herein and Retail Electric Supplier's
failure is not due to a Force Majeure Event, and a Participating Customer is required to
obtain and pays for Tariff Service or other Energy supply arrangement necessary to
cure such Energy deficiency, Retail Electric Supplier shall reimburse Participating
Customer, on the later of ten (10) days after receipt of invoice or the date payment
would otherwise be due to Retail Electric Supplier, an amount determined by multiplying
(a) the aggregate deficiency in the Retail Electric Supply by (b) the Replacement Price.
IN THE EVENT OF RETAIL ELECTRIC SUPPLIER'S FAILURE TO PERFORM DUE
TO A NON -FORCE MAJEURE EVENT, RETAIL ELECTRIC SUPPLIER'S
OBLIGATION TO PAY SUCH AMOUNT DURING THE PERIODS OF NON -DELIVERY
SHALL BE THE GOVERNMENT AGGREGATOR'S AND THE PARTICIPATING
CUSTOMERS' SOLE REMEDY FOR RETAIL ELECTRIC SUPPLIER'S FAILURE TO
DELIVER ENERGY PURSUANT TO THE TERMS OF THIS AGREEMENT.
II
ARTICLE 5
BILLING AND PAYMENTS
5.1 Additional Costs. In addition to the pricing described in Section 4.2 and the
Pricing Attachment, Retail Electric Supplier may charge Participating Customers for
Transmission and Ancillary Charges. Retail Electric Supplier will pass these
Transmission and Ancillary Charges, which may be variable, through to the Participating
Customers, and Participating Customers will receive no discount or percent -off of these
Transmission and Ancillary Charges. Such pass through includes, without limitation,
the cost of Network Integration Transmission Services, Transmission Losses and
Ancillaries (as such terms are used by the RTO), distribution line losses and distribution
service charges assessed by the Electric Utility on Retail Electric Supplier and/or its
customers, and any capacity requirement imposed on Retail Electric Supplier by an
ISO or a RTO.
5.2 Billing. Billing shall be provided by the Electric Utility under a consolidated billing
format pursuant to the Electric Utility's tariff provisions and ICC rules applicable to
Participating Customer(s). If a Participating Customer fails to pay amounts due within
the specified time period for said payments in accord with the Electric Utility's tariff and
ICC regulations, Retail Electric Supplier retains the right to assess late payment fees
on, or deem such non-payment a default of Participating Customer for purposes of
Section 6.1.1 of this Agreement. Retail Electric Supplier may not convert Participating
Customer from consolidated billing to dual billing, or vis versa, if such a conversion will
facilitate timelier billing, collections, and/or payment, without the prior written consent of
the City of Evanston and such consent shall not be unreasonably withheld or delayed.
ARTICLE 6
DEFAULT AND REMEDIES
6.1 Event of Default.
6.1.1 A "City of Evanston Event of Default" shall mean the occurrence of any of the
following and the passage of any cure period set forth therein:
(i) Any representation or warranty made by the City of Evanston in Article 9
hereunder is false or misleading in any material respect when made; or
(ii) The non -excused failure to perform any material covenant or obligation set forth
in this Agreement (other than that set forth in (i) above) and such failure is not remedied
within thirty (30) days after written notice thereof unless the cure requires longer than
the thirty (30) days to effect and the City of Evanston is diligently working towards such
cure.
6.1.2 A "Retail Electric Supplier Event of Default" shall mean the occurrence of any
of the following and the passage of any cure period set forth therein:
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(i) the failure to make, when due, any undisputed payment required pursuant to this
Agreement if such failure is not remedied within ten (10) Business Days after written
notice;
(ii) any representation or warranty made by Retail Electric Supplier in Article 9
hereunder is false or misleading in any material respect when made or when deemed
made; or
(iii) the non -excused failure to perform any material covenant or obligation set forth
in this Agreement (other than that set forth in (i) above and as set forth in Section 4.3) if
such failure is not remedied within thirty (30) days after written notice thereof, unless the
cure period reasonably requires more than thirty (30) days to effect and Retail Electric
Supplier is diligently working towards such cure.
6.2 Rights and Remedies.
6.2.1 Rights and Remedies for a. City of Evanston Event of Default. Subject to other
provisions of this Agreement, if the City of Evanston is the defaulting Party hereunder,
so long as such the City of Evanston Event of Default shall have occurred and be
continuing, Retail Electric Supplier shall have the right to (i) designate the Early
Termination Date, which shall be no earlier than the day such notice is effective and no
later than twenty (20) days after such notice is effective, on which this Agreement shall
terminate and to terminate this Agreement on the Early Termination Date, (ii) suspend
performance under this Agreement, and/or (iii) have all rights and remedies available in
law and equity. In addition to the foregoing remedies, Retail Electric Supplier shall have
the right to seek the remedies of specific performance of The City of Evanston's and
Participating Customers' obligations hereunder and/or injunctive relief to continue to
provide Retail Electric Supply hereunder.
6.2.2 Rights and Remedies for a Retail Electric Supplier Event of Default. Subject to
other provisions of this Agreement, if Retail Electric Supplier is the defaulting Party
hereunder, so long as such Retail Electric Supplier Event of Default shall have occurred
and be continuing, the City of Evanston shall have the right to (i) designate an Early
Termination Date, no earlier than the day such notice is effective and no later than 20
days after such notice is effective, and to terminate this Agreement on the Early
Termination Date, (ii) suspend performance under this Agreement, and/or (iii) have all
rights and remedies available in under this agreement. In addition to the foregoing
remedies, the City of Evanston shall have the right to seek the remedies of specific
performance and/or injunctive relief.
6.2.3 Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and
covenants that it will use commercially reasonable efforts to minimize damages it may
incur as a result of the other Party's failure to perform pursuant to this Agreement.
6.2.4 Notwithstanding anything herein to the contrary, in no event will either Party be
liable to the other party under this Agreement for incidental, indirect, special, punitive, or
consequential damages connection with or resulting from performance or non-
13
performance of this Agreement, irrespective of whether such claims are based upon
breach of warranty, or tort (including negligence of any degree), strict liability, contract,
operation of law, or otherwise.
ARTICLE 7
FORCE MAJEURE
7.1 Excused Failure to Comoly. Neither Party shall be considered to be in default in
the performance of its obligations under this Agreement, if its failure to perform results
directly or indirectly from a Force Majeure Event. If despite its commercially reasonable
efforts, either Party is unable, wholly or in part, to meet its obligations under this
Agreement due to a Force Majeure Event, the obligations of each Party, other than the
obligation to make payments due for performance rendered hereunder, so far as they
are affected by such Force Majeure Event, shall be suspended during such period of
the Force Majeure Event. The Party claiming excuse due to a Force Majeure Event
shall exercise commercially reasonable efforts and due diligence to remove the inability
to perform as soon as reasonably possible so that the affected period shall be no longer
than that necessarily affected by the Force Majeure Event and shall exercise
commercially reasonable efforts and due diligence to mitigate the effects of the Force
Majeure Event. Nothing contained in this Section 7.1 shall be construed as requiring a
Party to settle any strike or labor dispute in which it may be involved.
7.2 Force Maieure Event. For ipurposes of this Agreement, a "Force Majeure Event"
shall mean any non -economic cause beyond the reasonable control of the Party
affected and shall include, but not be limited to, Acts of God, winds, floods,
earthquakes, storms, droughts, fires, pestilence, destructive lightning, hurricanes,
washouts, landslides, tornadoes and other natural catastrophes; strikes, lockouts, labor
or material shortage, or other industrial disturbances; acts of the public enemies,
epidemics, riots, civil disturbances or disobedience, sabotage, wars or blockades; the
failure of facilities, governmental actions such as necessity to comply with any court -
order, law, statute, ordinance or regulation promulgated by a governmental authority, a
change in law or court order; provided, however, that any such discretionary acts, failure
to act or orders of any kind by Government Aggregator may not be asserted as a Force
Majeure Event by Government Aggregator; or any other reasonably unplanned or non-
scheduled occurrence, condition, situation or threat not covered above and not caused
by a Party's action or inaction, which renders either Party unable to perform its
obligations hereunder, provided such event is beyond the reasonable control of the
Party claiming such inability. A change in economic electric power market conditions
shall not constitute a Force Majeure Event. Failure or interruptions, including without
limitation, government ordered interruptions, on the systems of generation, transmission
or distribution relied upon for supplying Energy under this Agreement shall constitute a
Force Majeure Event provided that Retail Electric Supplier has arranged for service on
these systems at a level of firmness as required to provide the Retail Electric Supply
agreed upon herein.
7.3 Notification. If either Party is unable to perform any of its obligations under this
Agreement due to a Force Majeure Event, then said Party shall notify the other Party in
14
writing as soon as possible, but no later than seventy-two (72) hours after the start of
the Force Majeure Event. The written notice shall include a specific description of the
cause and expected duration of the Force Majeure Event.
ARTICLE 8
INDEMNIFICATION AND LIMITATION OF LIABILITY
8.1 Indemnification by Retail Electric Supplier. The Retail Electric Supplier shall
defend, indemnify and hold harmless Governmental Aggregator and its officers, elected
and appointed officials, agents, and employees from any and all liability, losses, or
damages as a result of claims, demands, suits, actions, or proceedings of any kind or
nature, including but not limited to costs, and fees, including attorney's fees, judgments
or settlements, resulting from or arising out -of any negligent or willful act or omission on
the part of the Retail Electric Supplier employees, or agents during the performance of
this Agreement. This duty shall survive for all claims made or actions filed within one (1)
year following completion, expiration, or termination of this Agreement.
8.2 Nothing contained herein shall be construed as prohibiting the Governmental
Aggregator, or its officers, agents, or employees, from defending through the selection
and use of their own agents, attorneys, and experts, any claims, actions or suits brought
against them. The Retail Electric Supplier shall be liable for the costs, fees, and
expenses incurred in the defense of any such claims, actions, or suits. Nothing herein
shall be construed as a limitation or waiver of defenses available to the Governmental
Aggregator and employees and agents, including but not limited to the Illinois Local
Governmental and Governmental Employees Tort Immunity Act, 745 1LCS 10/1-101 et
seq.
8.3 Indemnification by Government Aggregator. Evanston agrees to defend,
indemnify and hold harmless Retail Electric Supplier and its affiliates and their
respective employees, directors, managers, officers, owners, attorneys and
representatives and each of their respective successors and assigns (each, a "Retail
Electric Supplier Indemnified Person") from and against any and all losses, damages,
claims, deficiencies, judgments, liabilities, and any and all claims, proceedings, suits,
settlements or other proceedings of every nature, kind and descriptions whatsoever
(collectively, "Losses") incurred or suffered by Retail Electric Supplier indemnified
person arising out of or relating to any gross negligence or willful misconduct of
Evanston, or any improper or illegal actions or omissions of Evanston; in each case,
except to the extent such losses are determined by a court of competent jurisdiction by
final and non -appealable judgment to have resulted from the breach of this agreement,
gross negligence or willful misconduct of Retail Electric Supplier.
8.4 Limitation of Liabilitv. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED
HEREIN, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY
UNDER THIS CONTRACT FOR INCIDENTAL, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES IRRESPECTIVE OF WHETHER SUCH CLAIMS ARE
BASED UPON BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE OF ANY
DEGREE), STRICT LIABILITY, CONTRACT, OPERATION OF LAW OR OTHERWISE.
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8.5 Disclaimer. HOMEFIELD DOES NOT WARRANT OR GUARANTEE THE
UNINTERRUPTED DELIVERY OF RETAIL POWER TO AGGREGATION PROGRAM
MEMBERS DURING FORCE MAJEURE EVENTS. HOMEFIELD WILL HAVE NO
LIABILITY OR RESPONSIBILITY FOR THE OPERATIONS OF THE UTILITY,
INCLUDING BUT NOT LIMITED TO, THE INTERRUPTION, TERMINATION, FAILURE
TO DELIVER, OR DETERIORATION OF UTILITY'S TRANSMISSION OR
DISTRIBUTION SERVICE. EXCEPT AS MAY BE SPECIFICALLY PROVIDED
HEREIN, NO WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANABILITY AND FITNESS FOR A PARTICULAR
PURPOSE SHALL BE APPLICABLE TO THIS AGREEMENT.
8.6 All provisions of this Section shall survive completion, expiration, or termination
of this Agreement.
ARTICLE 9
REPRESENTATIONS AND WARRANTIES
9.1 Representations and Warranties by Retail Electric Supplier
9.1.1 Retail Electric Supplier hereby represents and warrants to the City of Evanston
as of the Effective Date as follows:
(i) Retail Electric Supplier is a corporation, duly formed, validly existing and in good
standing under the laws of the State of Illinois and certified as an Alternative Retail
Electric Supply in the State of Illinois.
(ii) Retail Electric Supplier has all authorizations from any governmental authority
necessary for it to legally perform its obligations under this Agreement or will obtain
such authorizations in a timely manner prior to when any performance by it requiring
such authorization becomes due;
(iii) The execution and delivery of, and performance under, this Agreement are
within Retail Electric Supplier's powers, have been duly authorized by all necessary
action and do not violate, conflict with or breach any of the terms or conditions in its
governing documents or any contract to which it is a party or any governmental rule
applicable to it;
("iv) This Agreement has been duly executed and delivered by Retail Electric
Supplier, and this Agreement (assuming due authorization, execution and delivery of all
Parties) constitutes legal, valid and binding obligations of Retail Electric Supplier
enforceable against it in accordance with its terms, subject to bankruptcy, insolvency,
reorganization and other laws affecting creditor's rights generally and general principles
of equity, regardless of whether such enforceability is considered in a proceeding in
equity or at law; and
(v) No Bankruptcy is pending against it or to its knowledge threatened against it
16
(vi) None of the documents or other written information furnished by or on behalf of
Retail Electric Supplier to the City of Evanston and the request for proposal contains
any untrue statement of a material fact or omits to state any material fact or is
misleading. Retail Electric Supplier is not in default with any order, writ, injunction or
decree of any court or federal, state, municipal or other governmental department,
commission, board, bureau, agency or instrumentality, domestic or foreign, which would
prevent Retail Electric Supplier from complying with the terms and conditions of this
Agreement.
(vii) That there are no actions, proceedings or investigations pending or threatening
Retail Electric Supplier before any court or before any governmental department,
commission, board, agency or instrumentality which would prevent Retail Electric
Supplier from complying with the terms and conditions of this Agreement, nor does
Retail Electric Supplier know or have reasonable ground to know of any basis for any
such action, proceeding or investigation against Retail Electric Supplier which would
prevent Retail Electric Supplier from complying with the terms and conditions of this
Agreement.
(viii) That Retail Electric Supplier will carry, at its own expense, secure and maintain in
effect throughout the duration of this agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Retail Electric Supplier, its agents,
representatives, and employees.
(ix) The Retail Electric Supplier shall comply with all federal, state, and local statutes,
regulations, rules, ordinances, judicial decisions, and administrative rulings applicable to
its performance under this Agreement.
9.2 Representations and Warranties by the Citv of Evanston.
9.2.1 Government Aggregator hereby represents and warrants to Retail Electric
Supplier as of the Effective Date as follows:
(i) The City of Evanston has complied with requirements under the Act for the City
of Evanston to provide for the aggregation of electrical loads for residential and small
commercial retail customers within the corporate limits of the City of Evanston as an
opt -out program;
(ii) The City of Evanston has all authorizations from any governmental authority
necessary for it to legally perform its obligations under this Agreement;
(iio The execution and delivery of, and performance under, this Agreement are within
The City of Evanston's powers, have been duly authorized by all necessary action and
do not violate, conflict with or breach any of the terms or conditions in its governing
documents or any contract to which it is a party or any governmental rule applicable to
it. Neither the execution nor delivery by the City of Evanston of this Agreement nor the
consummation by the City of Evanston of the transactions contemplated hereby or
17
thereby does or will result a breach or violation of the Agreement establishing The City
of Evanston's Aggregation Group, or its bylaws, or any material provision of the
governance document related thereto;
(iv) This Agreement has been duly executed and delivered by the City of Evanston,
and this Agreement (assuming due authorization, execution and delivery of all Parties)
constitutes legal, valid and binding obligations of the City of Evanston, enforceable
against it in accordance with its terms, subject to applicable bankruptcy, insolvency,
fraudulent conveyance, reorganization and similar laws affecting creditors' rights and
remedies generally, to general principles of equity, regardless of whether such
enforceability is considered in a proceeding in equity or at law;
(v) The City of Evanston is entering into this Agreement with a full understanding of
all of the risks hereof (economic and otherwise), and it is capable of assuming and
willing to assume those risks;
(vi) None of the documents or other written information furnished by or on behalf of
the City of Evanston or Eligible Customers to Retail Electric Supplier pursuant to this
Agreement contains any untrue statement of a material fact or omits to state any
material fact required to be stated therein or necessary to make the statements
contained herein or therein, in the light of the circumstances in which they were made,
not misleading;
(vii) The City of Evanston has the contractual right to enter into this Agreement, to
contract with Retail Electric Supplier to supply Retail Electric Supply and Administrative
Services to meet the obligations of its Participating Customers, and shall enforce its
contractual agreements and rights.
ARTICLE 10
CONFIDENTIAL INFORMATION
10.1 Confidential Information. Retail Electric Supplier shall preserve the confidentiality
of the account information it receives as a result of the performance of its obligations set
forth herein. Retail Electric Supplier shall not disclose, use, sell or provide customer
account information to any person, firm or entity for a purpose outside of the operation
of the Program. This provision will survive the termination of the Agreement.
Notwithstanding the foregoing, Retail Electric Supplier may disclose confidential
account information as required by law, and any such disclosure shall not be a violation
of this Agreement. However, such disclosure shall not terminate the obligations of
confidentiality. Retail Electric Supplier agrees to give the City of Evanston prompt notice
of any discovery request or order, subpoena, or other legal process requiring disclosure
of any confidential account information. Retail Electric Supplier shall provide the City of
Evanston with sufficient advance notice as to give the City of Evanston opportunity, at
the City's discretion and sole cost, to seek to quash the subpoena, obtain a protective
order or similar relief. Retail Electric Supplier shall furnish only that portion of the
confidential account information that is required or necessary in the opinion of Retail
Electric Supplier's legal counsel.
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10.2 Treatment of Information. Retail Electric Supplier shall use reasonable efforts to
obtain reasonable assurances that confidential treatment will be accorded any account
information so disclosed. All account information shall be returned to the City of
Evanston at the conclusion of the services provided to the Aggregation as set forth in
Section 4.6. . Notwithstanding the foregoing, nothing herein shall prevent the use by
Retail Electric Supplier of such customer account information for the purpose of
communicating with its customers except for customers which have opted out of the
Aggregation Program. In addition, nothing herein shall prevent Retail Electric Supplier
from using information in the public domain prior to its disclosure under this Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Notices. Any notices, requests or demands regarding the services provided
under this Agreement and the Attachments shall be deemed to be properly given or
made (i) if by hand delivery, on the day and at the time on which delivered to the
intended recipient at its address set forth in this Agreement; (ii) if sent by U.S. Postal
Service mail certified or registered mail, postage prepaid, return receipt requested,
addressed to the intended recipient at its address shown below; or (iii) if by Federal
Express or other reputable express mail service, on the next Business Day after
delivery to such express service, addressed to the intended recipient at its address set
forth in this Agreement. The address of a Party to which notices or other
communications shall be mailed may be changed from time to time by giving written
notice to the other Party.
Homefield Energy: Attn: Mark Fanning
1500 Eastport Plaza Drive
Collinsville, IL 62234
City of Evanston:
19
City Manager, Wally Bobkiewicz
2100 Ridge Avenue, Room 4500
Evanston, IL 60201
Phone: 847-866-2936
Fax: 847-448-8083
With a coov to:
Corporation Counsel, W. Grant Farrar
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
With a coov to:
Director of Utilities, David Stoneback
555 Lincoln Street
Evanston, IL 60201
11.2 Entire Agreement. This Agreement, including all Attachments hereto, contains
all of the terms and conditions of this Agreement reached by the Parties, and
supersedes all prior oral or written agreements with respect to this Agreement. This
Agreement may not be modified, amended, altered or supplemented, except by written
agreement signed by all Parties hereto. No waiver of any term, provision, or conditions
of this Agreement, whether by conduct or otherwise, in any one or more instances, shall
be deemed to be, or shall constitute a waiver of any other provision hereof, whether or
not similar, nor shall such waiver constitute a continuing waiver, and no waiver shall be
binding unless executed in writing by the Party making the waiver.
11.3 Waivers. Any request for a waiver of the requirements and provisions of this
Agreement shall be in writing and must be approved in writing by the non -waiving Party.
The failure of either Party to insist upon strict performance of such requirements or
provisions or to exercise any right under this Agreement shall not be construed as a
waiver or relinquishment of such requirements, provisions or rights.
11.4 Applicable Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Illinois. Jurisdiction and the venue for any
cause of action between the Parties relating to the terms of this Agreement shall be filed
in either the circuit court of Cook County, Illinois or the Northern District Court of Illinois.
11.5 Controllinq Provisions. In the event of any inconsistency between the terms
herein and the terms of the Attachments hereto, the provisions of the Agreement shall
control. In the event of a conflict between Attachment A and this Agreement,
Attachment A shall control.
11.6 Severabilitv. Any provision in this Agreement that is prohibited or unenforceable
in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions or affecting
the validity or enforceability of such provision in any other jurisdiction. The non-
enforcement of any provision by either Party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or the remainder of this
Agreement.
11.7 Savinqs Clause. If any provision of this Agreement, or the application of such
provision, shall be rendered or declared invalid by a court of competent jurisdiction, or
by reason of its requiring any steps, actions, or results, the remaining parts or portions
of this Agreement shall remain in full force and effect.
11.8. Non -Assignability. This Agreement shall not be transferred or assigned by either
Party without the express written authorization of the non -assigning Party, which
authorization shall not be unreasonably withheld; provided, however, that such
authorization may be withheld upon a reasonable determination that the proposed
assignee does not have at least the same financial and technical abilities.
Notwithstanding the foregoing, Retail Electric Supplier may, without the consent of the
City of Evanston or the Participating Customers, (a) transfer, sell, pledge, encumber or
assign this Agreement or the accounts, revenues or proceeds hereof in connection with
20
any financing or other financial arrangement; (b) transfer or assign this Agreement to an
affiliate of Retail Electric Supplier; or (c) transfer or assign this Agreement to any person
or entity succeeding to all or a substantial portion of the assets of Retail Electric
Supplier . Upon an assignment pursuant to (b) or (c), the City of Evanston and the
Participating Customers agree that Retail Electric Supplier shall have no further
obligations regarding future performance hereunder. Either Parry's assignee shall
agree in writing to be bound by the terms and conditions of this Agreement, including
the Attachments. Subject to the foregoing, this Agreement and its Attachments shall be
binding upon and inure to the benefit of any permitted successors and assigns, to the
extent permitted by law.
11.9 Forward Contract. The Parties acknowledge and agree that (a) this Agreement
constitutes a forward contract within the meaning of the United States Bankruptcy Code,
and (b) Retail Electric Supplier is a forward contract merchant.
11.10 Recitals. The Parties agree and acknowledge that the prefatory statements and
recitals in this Agreement are intended to be and shall be a part of the provisions of this
Agreement.
11.11 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together constitute one
instrument.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement to be effective
on the date first written above.
ILLINOIS POWER MARKETING
COMPANY, d/b/a Homefield Energy
Signed:
Typed Name:
Title:
Date:
CITY OF EVANSTON, ILLINOIS
Signed
• /L/
Typed ame: Wa4f obkie",-
wicz
Title: City Manager
Date: April 29, 2014
Attest: City Clerk
21
Approved as to fora!:
W. Grant Farrar
Corporation Counsel
By:A�'a-ate
r
EXHIBIT A
PRICING ATTACHMENT
22
Retail Electricity Supply Terms and Conditions of Service
For the Aggregated Group between
The City of Evanston and Illinois Power Marketing d/b/a Homefield Energy
AGREEMENT
These Terms and Conditions together with the City of Evanston's enrollment
information / opt -out notification will apply to the generation component of your
electric bill if you do not opt -out of the aggregation program adopted by the City
of Evanston. Please keep a copy of these Terms and Conditions for your
records.
Illinois Power Marketing d/b/a Homefield Energy (Homefield Energy) is certified
by the Illinois Commerce Commission ("ICC") as an Alternate Retail Electric
Supplier ("ARES") to sell competitive retail electric service to customers in the
State of Illinois utilizing existing transmission and distribution systems. Homefield
Energy is certified by the ICC to operate as an ARES in the service area of
Commonwealth Edison Company. As an ARES, Homefield Energy will supply the
electric generation to your Electric Utility ("EU") based on your usage. Your EU
then distributes or delivers the electricity to you. The generation prices and
charges that customers in the aggregation group pay is based on an Agreement
between the City of Evanston and Homefield Energy. The ICC regulates
distribution prices and services. As authorized by 20 ILCS 3855/1-92, Homefield
Energy sells electricity and related services and equipment ("Retail Electric
Supply") to corporate authorities of municipalities or boards of county supervisors
acting as governmental aggregators of residential and small commercial retail
electrical loads located within the municipality or the unincorporated areas of the
county.
DEFINITIONS:
Generation Service — Charge for the production of electricity.
Transmission Service — Charge for moving high voltage electricity from a
generation facility to the distribution lines of an electric utility.
Distribution Service — Charge for the physical delivery of electricity over a
distribution system to customers from the transmission system.
Right of Rescission — If you do not opt -out of the aggregation group your EU
will send you a confirmation letter. You will have the right to rescind your
enrollment within three (3) calendar days following the postmark date of the
confirmation letter by following the instructions contained in the letter. The Right
of Rescission only applies when a customer switches to a generation supplier.
Should you choose to opt -out of your governmental aggregator's program, you
will continue to receive the applicable tariffed services provided by your EU as
required by 220 ILCS 5/16-103 and defined by its rates on file with the ICC
pursuant to 220 ILCS 5/Art. IX. ("Tariffed Service"), unless you choose an
alternate supplier of electricity.
Electric Utility ("EU") means Commonwealth Edison Company, or any
successor thereto, that owns and maintains the distribution system required for
transmitting or distributing electric energy to retail customers.
Governmental Aggregator means the City of Evanston as authorized by the
March 20, 2012 referendum on Electricity Aggregation.
TERMS AND CONDITIONS OF SERVICE
1. Eligibility. Only residential customers and small commercial retail customers
of an EU consuming 15,000 kilowatt-hours or less of electricity annually in the
EU's service area are eligible customers to participate in the aggregation group.
Applicable residential and small commercial retail customers in an aggregation
program shall not include customers of an ARES that is not the chosen supplier
of the aggregation program or customers participating in a residential real-time
pricing program or Percentage of Income Payment Plan (PIPP) unless those
customers affirmatively choose to join the aggregation program. Homefield
Energy also reserves the right to refuse enrollment to any small commercial retail
customer with an outstanding electric bill balance.
2. Basic Service Prices. Participants in the aggregation group will pay
Homefield Energy a fixed price of $0.07644 per kilowatt hour ($ / kWh) for the
first 24 months and $0.06923 per kilowatt hour ($ / kWh) for the last 12 months
for combined electric transmission, generation and generation related charges as
specified in the enrollment notification. In addition you will be charged by your EU
for distribution and various other charges. In addition to the charges described
above, if any regional transmission organization or similar entity, EU,
governmental entity or agency, NERC and other industry reliability organization,
or court requires a change to the terms of the Agreement between the City of
Evanston and Homefield Energy, or imposes upon the Supplier new or additional
charges or requirements, or a change in the method or procedure for determining
charges or requirements, relating to your Retail Electric Supply under this
Agreement (any of the foregoing, a "Pass -Through Event"),which are not
otherwise reimbursed to the Supplier, Customer agrees that Supplier may pass
through the additional cost to Supplier of such Pass -Through Event, which may
be variable, to participants in the aggregation group. Changes may include,
without limitation, transmission or capacity requirements, new or modified
charges or shopping credits, and other changes to retail electric customer access
programs.
3. Renewable Energy. The fixed price includes the cost of renewable energy
credits ("RECs") representing the environmental attributes from electricity in an
amount equal to the RECs required by Illinois' renewable energy portfolio
standard plus the voluntary RECs shall equal to 100% the Account(s) usage
during the Term. The voluntary RECs needed to equal to 100% of the Account(s)
usage will be from an "Illinois or adjoining state wind" asset which meets all of the
technology criteria of Green-e. The renewable energy is "new", meaning it
comes from wind farms built since 1997 and such facilities allow customers to
make claims about being green and reducing carbon usage.
4. Term. As a part of your governmental aggregator's program, your generation
supply from Homefield Energy will commence with the next available meter
reading and after processing of the enrollment by your EU, and will continue for
the term of 36 months, ending on the meter read for the last month of service.
The program may be terminated prior to the term as specified in the opt -out
notification pursuant to the terms of the Master Agreement to Provide Services to
an Aggregated Group between the City of Evanston and Homefield Energy.
Should the program be terminated, you will be returned to the applicable Tariffed
Service.
5. Billing. You will receive a consolidated bill from your EU for both the Supplier
and EU charges. If you do not pay your bill by the due date, the Supplier may
cancel these terms and conditions after giving you a minimum of fourteen (14)
days written notice. Upon cancellation you will be returned to your EU as a
customer. You will remain responsible to pay the Supplier for any electricity used
as well as any late payment charges. Homefield Energy reserves the right to
convert you from consolidated billing to dual billing if such a conversion will
facilitate more timely billing, collections, and/or payment pursuant to the terms of
the Master Agreement to Provide Services to an Aggregated Group between
Homefield Energy and the City of Evanston. Further, your failure to pay EU
charges may result in your electric service being disconnected in accordance
with your EU's tariffs.
6. Penalties, Fees and Exceptions. At present there is no switching fee to
change from the Tariffed Service to the aggregation group. However, if a new
regulation is passed legally requiring this fee, the EU may charge the switching
fee to you. If you do not pay the full amount of your electric bill by the due date,
Homefield Energy may charge a late payment fee no greater than 1.5% per
month for the generation component of the bill.
7. Cancel lation/Termination Provisions. Residential and small retail
commercial customers may terminate their participation in the aggregation group
without penalty, at any time to return to the Tariffed Service, or due to a move or
cancellation of their account with the EU. Upon termination and return to Tariffed
Service with your EU, the rates, terms, and conditions will be established by the
EU.
8. Customer Consent and Information Release Authorization. By choosing
not to opt -out of your community's aggregation program, these terms and
conditions will result in change from your current generation service provider to
Homefield Energy. Homefield Energy is authorized to obtain information from the
EU that includes, but is not limited to: billing history, payment history, historical
and future electricity usage, meter readings, and characteristics of electricity
service. The Supplier reserves the right to determine if your credit standing is
satisfactory before accepting your enrollment request. These terms and
conditions shall be considered executed by Homefield Energy following
acceptance of your account enrollment request by Homefield Energy, the end of
the 3 day rescission period and subsequent acceptance of the enrollment by your
EU.
9. Contract Expiration. At the end of its term, these terms and conditions will
expire. At least 30 days prior to the expiration of these terms and conditions,
Homefield Energy will notify customers that the Agreement is ending and inform
the customers whether they will be switched back to the Tariffed Service or if the
Governmental Aggregator has contracted with a ARES for a new Aggregation
Program.
10. Dispute Procedures. You may contact your EU or Homefield Energy with
any questions concerning the terms of service by phone at 1-866-694-1262 (toll -
free) M-F 8AM — 7PM CST; or by e-mail at HomefieldCustCare@Dynegy.com; or
in writing at Homefield Energy, Attn: Customer Service, 1500 Eastport Plaza
Drive, Collinsville. Illinois 62234. The web address is
www.homefieldenergy.com. If your complaint is not resolved after you have
called Homefield Energy and/or your EU, or for general utility information, you
may contact the Consumer Services Division of the ICC for assistance at
between 8:30 AM and 5:00 PM, Monday through Friday by calling 1-800-524-
0795 or TTY at 1-800-858-9277 or visit www.icc.illinois.gov or
www.pluginillinois.orq.
11. Miscellaneous. You may request from the Supplier, twice within a 12 month
period, up to 24 months of payment history, without charge. The Supplier is
prohibited from disclosing a customer's social security number without the
customer's affirmative written consent except as permitted or required by 220
ILCS 515-110, 815 ILCS 505/2RR or other applicable law. The Supplier is
prohibited from disclosing a customer's billing, usage or load data except as
permitted by 20 ILCS 3855/1-92, 220 ILCS 5/16-122 or other applicable law.
The Supplier's environmental disclosure statement is available for viewing at
http://www.homefieldenergy.com/about-us/environmental-disclosure. The
Supplier will provide quarterly updates to the statement as a separate billing
insert as required under Section 16-127 of the Electric Service Customer Choice
and Rate Relief Law of 1997 and the rules of the Illinois Commerce Commission,
83 III. Adm. Code 421. The Supplier may assign its rights to another party,
including any successor, in accordance with the rules and regulations of the ICC.
The Supplier assumes no responsibility or liability for the following items that are
the responsibility of the EU: operation and maintenance of the EU's electrical
system, any interruption of service, termination of service, or deterioration of the
EU's service. In the event of a power outage, you should contact your local
EU. Customer is responsible for providing the Supplier with accurate account
information. If said information is incorrect, the Supplier reserves the right to re-
price the applicable account(s) or terminate the Agreement. The Supplier
reserves the right to return any customer to the EU if the customer's rate code or
meter type is changed and the account is no longer eligible for this program.
12. Warranty. Homefield Energy warrants title and the right to all electricity sold
hereunder. THE WARRANTIES SET FORTH IN THIS PARAGRAPH ARE
EXCLUSIVE ANDARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER
STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF
TRADE.
EXHBIT B
PLAN OF OPERATION AND GOVERNANCE
23
City of Evanston
Electricity Aggregation Program
City of
Evanstarr
Plan of Operation and Governance
Last Revised: 4/14/2014
1. Purpose of Electricity Aggregation Program & Services
This Plan of Operation and Governance (the "Plan") has been developed in compliance
with the Illinois Power Agency Act, 20 ILCS 3855/1-92 regarding aggregation of
electrical load by municipalities. The statute defines two types of aggregation programs
that may be enacted by a governmental entity; opt -in aggregation and opt -out
aggregation. The City of Evanston ("City") will administer an opt -out aggregation
program (the "Program"). Under this Program, the City will aggregate the electric loads
of residential and small commercial retail customers located within the City and then
solicit proposals, select an Alternative Retail Electric Supplier ("Supplier") and enter into
a service agreement to facilitate the purchase of electricity and related service on behalf
of its residents and small businesses. Customers will be given prior written notice
entitling them to affirmatively elect not to be part of the Program (the "Opt out Notice").
On November 29, 2011, the City adopted Ordinance 103-0-11, to place the issue of
Opt -Out Governmental Aggregation of Electricity on the March 20, 2012 election ballot.
The registered voters of the City subsequently passed the ballot measure on March 20,
2012. The City will follow the Plan of Operation and Governance ("Plan") outlined
below. This Plan was presented to the Evanston City Council for introduction and
action on April 10, 2012 after two public hearings are held in accordance with 20 ILCS
3855/1-92 and the City Council adopted said Plan on April 10, 2012. The Evanston City
Council adopted said revisions to the Plan on March 11, 2013.
The City's Program seeks to aggregate the retail electric loads of eligible residential and
small commercial retail accounts located within the City to negotiate the most favorable
rates for the generation of supply of electric power. The City's program will solicit
proposals for both a lowest rate alternative as well as an alternative for a -cleaner,
greener supply of electric power that would at a minimum meet the city's goal of
reducing greenhouse gas emissions as set forth in the Evanston Climate Action Plan.
With a City population of approximately 74,000, the Program has the potential to
combine residential accounts and small commercial accounts into a buying group that
will be attractive to a Supplier. Participation in the Program is voluntary. Any individual
customer ("Member") has the opportunity to decline to be a Member of the Program and
remain with the local utility ("ComEd") standard offer of service or to enter into a power
supply contract with any other Alternative Retail Electric Supplier.
Residential and small commercial retail electric customers often lack the ability to
effectively negotiate electric supply services. The City's Program provides them an
opportunity to benefit from professional representation and bargaining power achieved
through an aggregation program.
The Program is designed to reduce the amount Members pay for electric energy supply
and to gain other favorable terms of service. The City will not buy and resell the power
to the Program Members. Instead, the City will competitively seek proposals and
negotiate a contract with a Supplier to provide firm, full -requirements generation service
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to the Members of the Program. Individual members of the program will enter into an
electric purchase and sale contract with the selected Supplier. The City is not a party to
the contract and is not responsible for performance of the contract beyond negotiating
the safeguards in the contract.
As required by the Act, this Plan of Operation and Governance describes:
How the Aggregation Program will provide for universal access to all applicable
residential customers and equitable treatment of applicable residential
customers;
2. How demand management and energy efficiency services will be provided to
each class of customers; and
3. How the Aggregation will meet any other legal requirements concerning
aggregated electric service.
The City and the selected Supplier will follow the Plan set forth in this document.
2. Proposal / Contract Procedures
Following the adoption of this Plan, the City will conduct a proposal process in
compliance with the City Code. The City will retain the full and absolute right to accept,
accept with conditions, or reject any proposals. If this process does not result in the
identification of an acceptable supplier, the City will conclude the proposal process and
not proceed with the Program at that time. The proposal process will include a
qualifications phase and a firm pricing phase. Suppliers which are found to be
responsive and qualified will be invited to submit actionable pricing proposal following
completion and adoption of this Plan. Requirements for company qualifications are
outlined in Section 15.
By majority vote of the Corporate Authorities of the City, the City may select an
Alternative Retail Electric Supplier to provide electric power through the Program
according to the terms of a written Master Agreement to Provide Services to an
Aggregated Group ("Agreement") entered into by and between the Supplier and the
City. By majority vote of the Corporate Authorities, the City may determine not to enter
into an Agreement with any Supplier and in such event eligible customers shall continue
to purchase electric power through ComEd. If the Corporate Authorities enter into an
Agreement with a Supplier, ComEd will continue to provide and service delivery of the
electricity purchased from the Supplier, and metering, repairs and emergency service
will continue to be provided by ComEd.
The Program may be terminated upon the termination or expiration of the Agreement
without any extension, renewal, or subsequent Agreement being negotiated. Each
individual Member receiving electric supply service under the Program will receive
notification 45-90 days prior to termination of the Program. At the end of the agreement
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term, the City will consult the Supplier regarding the next course of action, which will be
one of the following: 1) switch the Members back to ComEd, 2) switch the Members to a
different Supplier or 3) enter into a new Agreement with the City to continue the
Program.
3. Determination of Rates and Other Charges
3.1 Rates
The City will solicit proposals from Alternative Retail Electric Suppliers ("ARES")
certified by the Illinois Commerce Commission to provide electricity to aggregation
programs. The proposal documents shall require the suppliers to offer a generation
charge for firm, full -requirements supply. The Members will be charged the price
determined to be the most favorable based on term and energy mix selected.
Members will be notified of the rates and terms of the Program through a direct
mailing sent to each eligible resident and business within the City limits.
3.2 Charges
Neither the City nor the selected Supplier will impose any terms, conditions, fees, or
charges on any Member served by the Program unless the particular term,
condition, fee, or charge is clearly disclosed to the Member at the time the Members
chose stay in the Program and did not elect to opt out.
ComEd will continue to bill for Late Payments, Delivery Charges and Monthly
Service Fees, and any other typical fees. These charges apply whether or not a
Member switches to the Program's Supplier. Switching generation suppliers will not
result in any new charges billed to the Member.
3.3 Switching Fees
Should ComEd assess a switching fee for Members voluntarily remaining in the
aggregation program; the terms and conditions will be written to require the selected
Supplier shall pay the switching fee without assessing the fee to the Members.
3.4 Early Termination Fee
Members may terminate their agreement without penalty if they relocate outside of
the City or if they decide to go back to ComEd for their energy supply. Members that
leave the Program for other reasons, such as switching to another Supplier may be
assessed an early termination fee by the Supplier. The City will negotiate with the
Supplier to ensure that any early termination fee assessed against the Members is
reasonable and clearly stated in the electric purchase and sale terms and conditions
sent to the Members with the Opt -out Notice.
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4. Contents of the Proposal
Suppliers which are found to be responsive and qualified will be formally invited to
submit actionable pricing and will be sent a formal request for proposals. Key items to
be included in the proposal include the following:
4.1 Term of Agreement:
Proposals by prospective suppliers shall provide pricing for various durations. The
City will select the duration which offers the City the most protection against future
increases in energy prices.
4.2 Power Mix:
Proposers will quote rates for the following energy mixes:
a. Lowest Price Mix — The lowest priced electricity supply available from an
ARES using, at a minimum, renewable energy consistent with the Illinois
Renewable Portfolio Standard ("IRPS") requ.ired by law.
b. Renewable Enerpv — REC Supported Mix. Electricity with a percentage of the
energy used by the aggregated accounts will be offset by Renewable Energy
Credits ("REC"). RECs shall be Green-e certified.
c. Renewable Energv-Non REC Supported Mix. Electricity where a percentage
of the energy used by the aggregated accounts will come from renewable energy
that is not REC based. Renewable energy may come from a power purchase
agreement ("Power Purchase Agreement"), distributed generation or any other
such sources as long as the electricity is created through a renewable source.
4.3 Rates:
The City's intent in soliciting the proposals is to provide residents with delivered
electricity prices that are always less than ComEd's applicable rates. The City is
also interested in selecting a renewable energy option in a cost effective way.
5. Determination of Eligible Customer Pool
Under the opt -out aggregation provisions, all eligible electric consumers within the City
will be automatically included in the Program. However, such customers will be given
prior notice entitling them to affirmatively elect not to be part of the Program.
Prior to mailing opt -out notices, a thorough review will be performed to see that all
ineligible customers are excluded. The review process will include the efforts of
numerous parties and utilize a number of resources:
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• ComEd will query their customer database using best efforts to capture all
accounts within the City limits.
• The Supplier, with assistance from the City, using available City resources and
publicly available material shall screen out customers who are not located within
the City limits. Those resources may include any or all of the following: property
records, water and/or sewer records, fire and/or police department address
records, 911 address records, street listings, City maps, intemet maps, county
parcel mapping databases, and geographical information systems (GIS).
• Ineligible accounts will be screened out based on codes provided in the ComEd
data.
• The data shall be reviewed to see that all zip codes have been included, all
streets included, all customer classes, all customer rate schedules, and finally
that an expected total for a community of this population was turned over.
• Any suspected omissions will be reported to ComEd along with a request to
furnish that data.
6. Opt -Out Process
The City is using an Opt -Out form of Governmental Aggregation under the Act. Any
such person that opts -out of the aggregation program pursuant to stated procedure will
default to the standard service offer provided by ComEd until the person chooses an
alternative supplier.
When a successful supply offer is found, the City shall order the eligible customer list
from ComEd. ComEd shall turn over the list to the City upon request within a
reasonable time period. Once the City obtains the list, it will be shared with the selected
Supplier and they will have thirty (30) days from the City's receipt of the data to mail the
Opt -out Notices to all eligible Members receiving an offer.
The selected Supplier will be required to pay for printing and mailing of Opt -out Notices.
The notices will be mailed to the owner or occupant residing at the electric account
mailing address shown on ComEd's customer list. The selected Supplier and the City
will agree upon the format and content of the Opt -out Notice prior to mailing the notice
to eligible Members. A City official will sign the notice and it will contain the City's name
and logo on the outside of the envelope to clearly indicate to the recipient that it is a
notice from the City. The City will review and approve any additional attachments to be
included in the opt -out notices.
Prior to mailing the Opt -out Notices, a thorough review will be performed of the
customer list to ensure that all eligible Members receive the Opt -out notice. The review
process will include the efforts of numerous parties and utilize a number of resources as
specified in Section 5 of this Plan.
Following acceptance of an offer by the City, the Supplier will mail the Opt -out Notices
to eligible Members receiving an offer. Members will have at least twenty-one (21) days
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from the postmark date on the notice to postmark the return opt -out card if they do not
wish to participate in the City's program. The Supplier shall offer at least 2 additional
means of opting out, such as, a toll -free phone number, website, or email address. The
selected Supplier will not enroll the accounts which affirmatively opted out of the
Program.
In the event that an eligible Member is inadvertently omitted from the Program, the
Supplier shall, upon request, enroll the eligible Member at the group rate for the
remaining term.
All members of the Program will also be given an opportunity to opt -out without penalty
at least once every three (3) years.
Procedure Steps:
a. The selected Supplier and the City will agree upon the format of the Opt -out
Notice and other documents to be included in the mailing prior to mailing it to eligible
Members.
b. The selected Supplier will distribute an Opt -Out Form to all eligible Members via
first-class U.S. Mail.
c. Recipients will have at least twenty-one (21) days from the postmark on the Opt -
out Notice to notify the selected Supplier if they do not want to be part of the
Program.
d. Members will be able to opt -out by returning an opt -out card via U.S. Mail to the
selected Supplier. The Supplier shall offer at least two additional means of opting
out, such as a toll -free phone number, website, email address, or fax number.
e. The opt -out notice will clearly notify the Program Members of the rates to be
charged for electricity and other terms of the contract with the selected supplier.
f. The selected Supplier will not enroll those accounts opting out from the Program.
g. Additionally, Members who do not opt -out under step d above will receive written
notification from ComEd stating that they are about to be switched to the new
Supplier. The ComEd notice will inform the Member that they have seven (7) days
to rescind the contract by contacting ComEd.
7. Customer Classes Included
The Program provides for universal access and equitable treatment of all eligible
customers. Utility rules approved by the Illinois Commerce Commission ("ICC") or other
regulatory agencies may limit eligibility to enroll in the aggregation program.
The following eligibility requirements apply:
• Customers must not have opted -out of the Program
• Customers must not be supplied generation service from another supplier
• Commercial customers must have a Peak Demand of <= 100kW
• Residential customers must live within the City limits
• Customers must not be on ComEd's "bundled hold"
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Customers receiving power from ComEd under particular tariffs as they may be
approved and/or amended by the Illinois Commerce Commission from time to time may
not be eligible to enroll in the aggregation program.
While providing for universal access to all eligible customers, specific savings for each
such customer may depend upon the load usage patterns of that customer. Thus, a
Supplier's offer may not provide to all Members equal economic savings opportunity as
compared to ComEd's prevailing rate.
8. Billing Procedures
The Program will utilize the coordinated billing services of ComEd and the selected
Supplier. Customers will receive a single bill from ComEd that itemizes among other
things, the cost of generation provided by the Supplier.
Members are required to remit and comply with the payment terms of ComEd. The City
will not be responsible for late or no payment on the part of any of the Members.
Furthermore, slow or no payment on the part of some Members will not adversely
impact the rates charged to other Members.
9. Credit / Deposit Requirements
Collection and credit procedures remain the responsibility of ComEd, the selected
Supplier, and the individual Member. Members are required to remit and comply with
the payment terms of ComEd and/or the Supplier. This Program will not be responsible
for late or no payment on the part of any of its Members. The City will have no separate
credit or deposit policy.
10.Procedures for Handling Customer Complaints and Dispute Resolution
Members have multiple means of addressing complaints. As a general rule, concerns
regarding service reliability should be directed to ComEd, billing questions should be
directed to ComEd or the selected Supplier, and any unresolved disputes should be
directed to the ICC.
11.Moving Into the City
Residents and businesses that move into the City will NOT be automatically included in
the City's Program. However, customers wishing to opt -in to the Program may contact
the Supplier to obtain enrollment information. There is no guarantee that customers
opting -in at a later date will receive the same price as did the initial participants.
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12.Moving Within the City and Maintaining the Same Account Number
The selected Supplier shall continue service at the same rate and under the same terms
and conditions for any Member who relocates within the City prior to the expiration of
the contract term, providing that the Member notifies the Supplier of their desire to do so
with thirty (30) days notice. Moving within the City may cause the Member to be served
for a brief period of time by ComEd. The Supplier shall have the right to bill the
participant for any associated switching fee imposed by ComEd. Members may also
opt -out without penalty under these circumstances.
13.Joining the Aggregation Group after Opting -Out
Members who have left the aggregation group and wish to rejoin at a later date are
treated in the same manner as new residents moving into the City. These customers
may contact the Supplier at any time to obtain enrollment information. There is,
however, no guarantee that customers opting -in at a later date will receive the same
price as did the initial participants.
14.Joining the Aggregation Group after ending an agreement with another
Supplier
Residents and businesses that were under contract with a Supplier at the start of the
Program were not initially eligible for the program. However, they can join the program
at a later date once their contract with their current Supplier has ended. These
customers may contact the Supplier at any time during the Term of the program to
obtain enrollment information. There is, however, no guarantee that customers opting -
in at a later date will receive the same price as did the initial participants.
15.Reliability of Power Supply
The Program will only affect the generation source of power. ComEd will continue to
deliver power through their transmission and distribution systems. Responsibility for
maintaining system reliability continues to rest with ComEd. If members have service
reliability problems, they should contact ComEd for repairs. The ICC has established
"Minimum Reliability Standards" for all utilities operating distribution systems in Illinois.
Customer outages, duration of outages, interruptions, etc., are monitored to ensure
reliability remains at satisfactory levels.
In addition to maintaining the wires" system, ComEd is required to be the "Provider of
Last Resort." This means, should the selected Supplier fail for any reason to deliver
any or all of the electricity needed to serve the Members needs, ComEd will
immediately provide for the shortfall. ComEd would then bill the Supplier for the power
provided on their behalf. The Supplier cannot pass on the additional costs incurred to
the Members from charges by ComEd from performing services and supply as a last
resort.
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16.Supplier Qualification Process
The City will conduct a qualifications process to identify Suppliers which are qualified to
provide electric power to the Program. Only Suppliers meeting strict criteria and
providing complete responses to the request for qualifications will be considered for the
firm pricing process. A summary of key qualifications criteria is provided below:
• Certified by the Illinois Commerce Commission.
• Registered with ComEd to do business in their service territory. Both the
certification and registration ensure that Suppliers possess the managerial,
technical, and financial competence to perform the services they offer.
• Agree to sign the Master Service Agreement with the City as provided in the
request for qualifications documentation.
• Demonstrate creditworthiness by possessing an investment grade long-term
bond rating from a major rating agency.
• Submit a complete response to the request for qualifications including the
submission of references, completed certification formsjitigation history, detailed
scope of work, and company history and experience.
Pursuant to 20 ILCS 3855/1-92, Supplier shall:
Provide for universal access to all applicable residential customers and equitable
treatment of applicable residential customers.
Describe demand management and energy efficiency services to be provided to
each class of customers.
Meet any requirements established by law concerning aggregated service
offered pursuant to the 20 ILCS 3855/1-92.
The following factors will be evaluated for each Supplier that submits a proposal:
• The qualifications of the Supplier to conduct a municipal aggregation based on
references, past experience, financial information and litigation information.
• Rate and power mix.
• Willingness of Supplier to execute the proposed Master Agreement to Provide
Services to an Aggregated Group
• Completeness of Proposal.
• Proposed aggregation implementation plan.
• Quality of customer service procedures and resources.
Suppliers which are found to be responsive and qualified will be notified as such and will
be formally invited to submit firm pricing following the adoption of this Plan.
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17. Miscellaneous
The operation of the City's Program may be impacted by any of the following:
• Amendments to the Act
• Federal Energy Regulatory Commission (FERC) tariffs that may be enacted or
amended from time to time.
• Illinois Commerce Commission (ICC) rules and regulation as may be enacted or
amended from time to time.
• ComEd tariffs as approved or amended from time to time by the ICC.
• Federal, state, and local laws.
• Rules, regulations, and orders approved or enacted by federal, state, or local
regulatory agencies.
The City will maintain a copy of this Plan of Operation and Governance on file at its
administrative office. This Plan will be kept available for public inspection. It will, upon
request, be copied for any existing or potential Member of the aggregation in
accordance with the City rules for copying public documents.
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