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HomeMy WebLinkAboutRes 11-12 05/01/2012 Consulting Services RE: Aggregation of Electricity ProgramRESOLUTION NO. 11 -12 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSULTING SERVICES REGARDING THE AGGREGATION OF ELECTRICITY PROGRAM BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHERN ILLINOIS ELECTRIC COLLABORATIVE (NIMEC) WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined it is in the best interests of the Village to enter into a Consulting Services Agreement ( "Agreement ") with Northern Illinois Electric Collaborative to assist the Village of Mount Prospect in the electrical aggregation process; and WHEREAS, the Agreement provides that the Village of Mount Prospect and Northern Illinois Electric Collaborative agree to the consulting services for the aggregation of electricity program, as set forth in the Agreement, a copy of which is attached to and made a part of this Resolution as Exhibit "A." NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village President and Village Clerk are hereby authorized and directed to execute the Agreement between the Village of Mount Prospect and Northern Illinois Municipal Electric for Consulting Services Regarding the Aggregation of Electricity Program; attached as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 1 St day of May, 2012. I ana K. Wilks Mayor ''M. L4 a Angell Village Clerk H: \CLKO \WIN \RESOLUTIONWuthorize NIMECelectricityaggregationmay2012doc AGREEMENT FOR CONSULTING SERVICES REGARDING THE AGGREGATION OF ELECTRICITY PROGRAM THIS AGREEMENT entered into as of May 2, 2012, by and between Northern Illinois Municipal Electric Collaborative, 417 Cherry Creek Lane, Suite 250, Prospect Heights, Illinois 60070 ( "NIMEC ") and the Village of Mount Prospect, Illinois ( "Village ") WHEREAS, on December 6, 2011, the Village Board of Trustees adopted Ordinance No. 5886 providing for the Submission to the Electors of the Village of Mount Prospect, Illinois, Cook County, Illinois the Question Whether the Village Should Have the Authority under Public Act 096 -0176 to Arrange for the Supply of Electricity for Its Residential and Small Commercial Retail Customers Who Do Not Opt Out of Such A Program; and WHEREAS, the General Primary Election was held on Tuesday, March 20, 2012, with the following binding public question submitted to the voters of the Village of Mount Prospect, Illinois, Cook County, Illinois; proposition regarding program for Aggregation of Electricity. Shall the Village of Mount Prospect have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who do not opt out of such a program? WHEREAS, the voters of the Village of Mount Prospect approved the proposition by a vote of 3,448 (yes) and 2,432 (no); and WHEREAS, the President and Village Board of Trustees has determined that it would be in the best interests of the Village to obtain a consultant to assist the Village in implementing the program; and WHEREAS, NIMEC is experienced in providing consulting services to municipalities in arranging for the supply of electricity and, for the past several years, has assisted municipalities in purchasing electricity for its water and sanitary sewer system. NOW, THREFORE, the parties hereto agree as follows: ASSISTANCE IN ARRANGING FOR THE SUPPLY OF ELECTRICITY. (a) The Village agrees to use NIMEC as its exclusive consultant in arranging for the supply of electricity for the duration of the initial contract of the aggregation program under the terms and conditions set forth herein. (b) NIMEC shall provide the Village with a list of potential suppliers and assist the Village in preparing a Request for Proposals from qualified suppliers capable of providing electricity to meet the needs of residential and small commercial retail customers within the Village who do not opt out of the program. (c) Upon the Village receiving responses to its Request for Proposals, NIMEC shall assist the Village in reviewing and evaluating the price and other terms and conditions in each proposal and the qualifications, including capacity and reliability, of each of the suppliers with the aim of obtaining the best price and most favorable terms and conditions for electricity supplied to residential and small commercial retail customers within the Village who do not opt out of the program. (d) NIMEC shall investigate and advise the Village as to the potential for aggregating electricity supply with other municipalities and counties to leverage purchasing power, if there is an advantage to doing so. 2 (e) Upon the Village selecting an electricity supplier, NIMEC shall assist the Village in negotiating the proposed contract. (f) In the event that the Village has not accepted a proposal from any of said suppliers and entered into a contract with, uch supplier within one hundred and twenty (120) days after said proposition is approved by the voters and all other legal prerequisites are met, such as ComEd publishing its rates, the Village may at any time thereafter terminate this Agreement by giving NIMEC a 5 -day written notice thereof without any financial or other obligation to NIMEC and seek a supplier fiom other sources. 3. ASSISTANCE IN PROVIT)ING INFORMATION TO RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS. (a) NIMEC may assist the Village in providing information to residential and small commercial retail customers within the Village. (b) Also, NIMEC shall also provide the following services as requested by the Village. (1) Train Village Staff to receive calls from residential and small commercial retail customers and assist in responding thereto. (2) Preparation and /or review of an Opt Out letter in conjunction with Supplier and securing a high level of readership thereof. (3) Work with the Supplier and ComEd to identify and make contact with "missing" customers who did not receive the Opt Out letter. (4) Manage data flow from Supplier to ComEd and vice versa to ensure that data is in required format. 3 (5) Sort the ComEd data to ensure that customer classes are not included or excluded unless appropriate to do so. (6) Provide template document for Plan of Operation and Governance and assist in making any revisions thereto. (7) Lead public meetings as needed (no less than two). (8) Monitor the Program for the duration of the initial contract. (9) Perform such other duties and responsibilities as may be reasonably requested by the Village Manager and /or the Assistant Village Manager. 4. CONFIDENTIALITY. The Parties acknowledge that certain customer information obtained from ComEd and /or the Supplier must be held in confidence in accordance with legal requirements and each of the Parties agree to fully comply with all of its legal obligations regarding confidential customer information. 5. CONFORMITY WITH LEGAL REQUIREMENTS. Each of the Parties agree to fully comply with all rules, regulations, directives and policies regarding the Aggregation of Electricity Program when and if adopted and /or issued by the Illinois Commerce Commission, the Illinois Attorney General's Office and /or any other governmental agency or authority. Also, the Parties agree to amend or otherwise modify this Agreement to conform to such rules, regulations, directives or policies to the extent that it may be necessary to do so. 6. NIMEC' S COMPENSATION. For all of the services provided hereunder, NIMEC's only compensation shall be its receipt of a fee from the supplier with whom the Village enters into a contract at the rate of 0.025¢ /kWh for the term of the first contract. 0 7. TERM. The term of this Agreement shall coincide with any alternative electrical supply contract period. 8. TERMINATION. Either Party may terminate this Agreement upon giving the other Party a 10 -day written notice thereof if the other Party is in breach of any term, condition or provision of this Agreement, provided that the Party in breach shall be allowed to cure said breach within said 10 -day period. 9. NOTICES. All requests, notices, demands, authorizations, directions, consents, waivers or other documents required by this Agreement shall be in writing and shall be delivered in person to, or shall be mailed by certified or registered mail, postage prepaid, addressed as follows: If to NIMEC: David Hoover Northern Illinois Municipal Electric Collaborative 427 Cherry Lane Suite 250 Prospect Heights, Illinois 60070 If to Village: Michael E. Janonis Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 11. APPLICABLE LAWS. This Agreement shall be governed by the laws of the State of Illinois. In any legal action relating to this Agreement, venue shall lie in the Circuit Court of Cook County, Illinois. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the aforesaid date at Village of Mount Prospect, Cook County, Illinois. R VILLAGE OF MOUNT PROSPECT, ILLINOIS NORTHERN ILLINOIS MUNICIPAL ELECTRIC COLLABORATIVE B By: As Its President ATTEST:` . pillage Clerk Date Date: