(A) Fulfill assigned duties. The aggregation consultant shall advise and assist the village with the development and implementation of its Municipal Aggregation Program, including advising staff and upon request elected officials (at the request of the Village President) on all aspects of the program; developing all necessary documents, soliciting and reviewing bids received, making recommendations as appropriate, and monitoring the supplier’s compliance with the requirements of the service agreement.
(B) Maintain independence and disclosures. As required by the Electric Service Customer Choice Act, the consultant will be in a fiduciary relationship with the village and owes the village and its aggregation members the duty of loyalty and independent judgment. The consultant will be disqualified if it acts as the agent for any ICC certified ARES. It is the duty of the consultant to disclose any such relationships and to terminate the agreement in the event of such a relationship. Breach of these terms will result in the village terminating the consultant agreement.
(C) Arrange for fees. The consultant shall be paid directly by the supplier upon authorization of the payment amount by the village.
(D) Maintain confidentiality. The village, upon receiving confidential customer information from Ameren Illinois, shall be subject to the limitations on the disclosure of that information described in § 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH. If the consultant has access to confidential customer account information at any time, the consultant agrees not to use that information for any purposes outside the scope of the services provided by this agreement. The consultant specifically agrees not to use for itself, or to sell, trade, disseminate, or otherwise transfer that information to any other party for any purpose other than this Aggregation Program. The village will not be liable for any use of confidential information by the consultant that violates the law or this agreement.
(E) Notify and inform village. The consultant shall advise the village on any changes in laws, rules, tariffs, or any other regulatory matter that impacts the aggregation during the term of the service agreement.
(Ord. 13-02, passed 2-19-2013)