(A) Member education. At the discretion of the village, the supplier will assist village in developing and implementing a program to educate residential and small commercial retail aggregation members on the Aggregation Program, as well as energy efficiency and conservation tools. The supplier will also provide the aggregation members with updates and disclosures mandated by ICC and IPA rules.
(B) Universal access. The supplier will implement a process to provide universal access including member education for multi-lingual members and members with disabilities.
(C) Reporting. The supplier will provide to the consultant the following reports.
(1) REC Reporting. The supplier will deliver reports that provide competent and reliable evidence to support the fact that it purchased properly certified RECs in a sufficient quantity to offset the non-renewable energy provided in the mix.
(2) Aggregation reports. The supplier will provide the village with quarterly reports showing the number of members participating in the Aggregation Program and the total cost for energy provided to the aggregation as compared to the Ameren’s default tariff service rates. In addition, the supplier will report its efforts at member education.
(D) Termination of agreement.
(1) End of term. The village’s service agreement with the supplier will terminate upon its expiration, provided that the supplier will continue to provide service at their best rate on a month to month basis after the expiration of the contract term until the village provides it with 30-day written notice to discontinue providing service.
(2) Early termination. The village will have the right to terminate the agreement prior to the expiration of the term in the event the supplier commits any act of default. Acts of default include, but are not limited to, the following:
(a) Breach of confidentiality regarding customer information;
(b) The supplier becoming disqualified to perform the services by virtue of the lapse or revocation of any required license or certification listed as a qualification in the RFP;
(c) Ameren’s termination of its relationship with the supplier;
(d) Any act or omission which constitutes deception by affirmative statement or practice, or by omission, fraud, misrepresentation, or a bad faith practice;
(e) Billing in excess of the approved kWh rates an stated charges;
(f) Billing or attempting to collect any charge other than the approved kWh rates and contractually approved charges;
(g) Failure to perform at a minimum level of customer service required by the village;
(h) The village will provide the supplier with written notice of immediate termination in the event that any of the defaults listed above under divisions (D)(2)(a) through (D)(2)(d) above exist;
(i) The village will provide the supplier with written notice of default in the event of any default listed under divisions (D)(2)(e) through (D)(2)(g) above, or any other event of default not listed above. The supplier and the village will attempt to resolve any issues cooperatively within seven business days. If the issue is not resolved, the village will again notify the supplier in writing of its intention to terminate the agreement within 30 days if the issue is not resolved to the village’s satisfaction;
(j) Upon termination for any reason, the village will notify Ameren to return the aggregation members to the default tariff electric service through a public notice; and
(k) Upon termination, each individual member will receive written notification from the village of the termination of the Program. Such notice will also inform members of their electric supply options.
(E) Jurisdiction. Any disputes between the supplier and the village will be resolved in the courts or before state agencies in the State of Illinois regardless of any conflicts laws to the contrary.
(F) Limitation of liability.
(1) The village shall not be liable to aggregation members for any claims, however styled, arising out of the aggregation program or out of any village act or omission in facilitating the Municipal Aggregation Program.
(2) In addition, the supplier agrees to hold the village harmless from any claim, cause of action, or proceeding of any kind which may be filed against the village arising out of the services provided by the supplier or any act or omission of the village in obtaining the services of the supplier. Participants in the aggregation program shall assert any such claims solely against the supplier pursuant to the agreement, under which such participants are express third-party beneficiaries.
(Ord. 13-02, passed 2-19-2013)