The village will enter into an agreement with a selected ARES which contains the following minimum terms and conditions.
(A) Compliance with requirement of the bid and plan. The agreement shall require the supplier to maintain all required qualifications, and to provide all services specified in the RFP and this Plan.
(B) Term. The village’s first agreement shall be for period of not less than a one-year period. Following the expiration of the term, the supplier will continue to provide electric service on a month to month basis at its then best rate until provided with 30-day written notice to discontinue providing service. If the agreement is extended or renewed. Members will be notified by the village as required by law and the rules of the ICC and IPA as to any change in rates or service conditions. The village will have the discretion to set the length of any subsequent contract term.
(C) Pricing. The agreement shall specify the rates quoted in the proposal as well as any other fee arrangements. Members who move from one location to another within the corporate limits of village shall retain their participant status and Program pricing.
(D) Billing. Collection and credit procedures remain the responsibility of the Utility and the individual aggregation member. Members are required to remit and comply with the payment terms of Ameren. The village will not be responsible for late payment or non-payment of any member accounts. Neither the village nor the supplier shall have separate credit or deposit policies for members.
(E) Supply mix. The agreement shall specify the supply mix as quoted in the proposal.
(F) Charges and fees. Neither the village nor the supplier will impose any terms, conditions, fees, or charges on any member served by the Aggregation Program other than the rate quoted in the fixed price component of the RFP and a reasonable administrative fee to the village for expenses incurred to establish and administrate the aggregation.
(1) Opt-out fees. No exit fees will be applied to aggregation members who seek to opt-out of the aggregation after the initial opt-out process has concluded.
(2) Opt-in fees. No entrance fees will be applied to accounts who seek to join the aggregation after the commencement of the aggregation supply contract.
(3) Account transfer fees. No fees will be applied to aggregation members who relocate within the village and new customers who establish new electric service.
(G) Billing. Ameren will continue to provide a single bill to aggregation members for all electrical charges.
(H) Confidentiality of customer database. The agreement shall require the supplier to preserve the confidentiality of all aggregation members’ account information and shall agree to adopt and follow protocols to preserve that confidentiality. The supplier, as a material condition of any contract, shall not disclose, use, sell, or provide customer account information to any person, firm, or entity for any purpose outside the operation of this Municipal Aggregation Program. This provision will survive the termination of the agreement. The village, upon receiving customer information from Ameren, 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.
(I) Non-competition. The supplier must agree not to solicit or contract directly with Aggregation Program customers for service or rates outside the Aggregation Program, and agrees not to use the customer information for any other marketing purposes.
(J) Hold harmless. The supplier must agree to hold village financially harmless from any and all financial obligations arising out of its role as facilitator of the municipal aggregation.
(K) Reporting. The agreement will provide that the supplier will provide the village with such reports and information as required in this Plan.
(L) Costs. All costs of the Aggregation Program development and administration will be paid by the supplier.
(M) Subcontractors. Subcontractors will be held to the same strict confidentiality standards applicable to the supplier and will be required to otherwise comply with the requirements of the agreement. The use of subcontractors whether approved or unapproved will not relieve the supplier from the duties, terms, and conditions in the agreement. The supplier shall be authorized resellers of electricity; as such their relationships with MISO or energy producers shall not be considered subcontracts for purposes of this document.
(N) Additional services. The agreement may provide that the supplier will assist the village in developing a Member Education Plan. The agreement may provide that the supplier will assist the village in developing an Energy Efficiency and/or a Demand Response Program. The agreement will not preclude the village from developing its own Member Education, Energy Efficiency, and Demand Response Programs.
(Ord. 13-02, passed 2-19-2013)