R-22-2012 Res Approving Electric Service Agreement w/Ameren Energy MarketingResolution No.
A Resolution Approving Electric Service Agreement
with Ameren Energy Marketing
BE IT RESOLVED by the Village President and Board of Trustees of the Village of
Lemont as follows:
SECTION ONE: The Electric Service Agreement between the Village of Lemont
and Ameren Energy Marketing, attached as Exhibit A and incorporated in its entirety, is hereby
approved.
SECTION TWO: The Mayor and /or Village Administrator are authorized to execute
the Electric Service Agreement and to make minor changes to the document prior to execution
which do not materially alter the Village's obligations, and to take any other steps necessary to
carry out this resolution.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this 9 day of , 2012.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer ,j
Paul Chialdikas ✓
Clifford Miklos 1
Ron Stapleton /
Rick Sniegowski /
Jeanette Virgilio ✓
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
Approving electric service agreement with Ameren (00121509)
K. REAVES
President
Amen
EnergyMarketing
Review Exhibit A and fill in any
y blank or incorrect information.
Please verify with your Accounts Payable
department the billing information requested
in Exhibit A. This ensures we send your
invoices to the correct location and have
accurate contact information for your
organization.
LSelect your Invoice delivery
and billing options.
Read your options carefully to ensure that
you have made the appropriate selection
and submitted the required information.
If you select Combined Billino - you
must sign the Account Agent
Designation form as indicated in Step 3,
316 Sign ALL signature blocks that
are applicable to your
agreement.
To ensure acceptance of your agreement:
• Sign the last page of Exhibit
• Sign the Designation of General Account Agent for, if
applicable
CURRENT CUSTOMERS: if you are re- signing with AEM,
you are not required to sign an Account Agent Designation
form, gas utility letter or send a copy of your current
invoice to AEM.
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Agelniet.A nthAES -
Pert time:
PAM Ms:
(SIGN HERE)
X air
John Doe
President
Doc:
Questions? Call your Sales Representative for assistance.
Sign and return by email or fax all pages of the AEM agreement to:
ATTN: AEM Customer Care
Email: AEMcustomercarena.ameren.com
Fax: 888-354-9837
ComEd ESA TA.NR rev 11 -10 -11
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Page 1 of 7 VILLAGE OF LEMONT
Ameren
EnergyMarketing
ELECTRIC SERVICE AGREEMENT
EXHIBIT A
Customer Notice & Contact Information
AMEREN ENERGY MARKETING COMPANY
VILLAGE OF LEMONT
All Notices & Inquiries (weekdays between 7i30 AM
and 4 :30 PM)
All Notices & Invoices, unless noted otherwise below
(Please do not use P. O. Boxes for the Notices Address)
Attn:
. Customer Care
Attn:
Street:
1500 Eastport Plaza Drive
Street:
(APIs 4.54 -c ek
City, ST & Zip
Collinsville, Illinois 62234
City, ST & Zip
, ,- Lt w3 t d I (, • C6043,
Phone:
888 - 451 -3911, Option 3
Phone:
i _
taS .- AS 7-- ! ' C?
Fax:
888 - 354 -9837
Fax:
WO ' o ...g-7-- r 5'
DUNS #:
13 -162 -0408
DUNS #:
(�'
Federal Tax ID #:
37- 1395583
Federal Tax ID #:
s
All Invoices should be mailed here, if different from above:
Customer:
Attention:
Street:
City, ST ZIP:
Phone:
Fax:
E -mail:
Send ACH Payments To:
Mail Payments To:
JP Morgan Chase Bank
Standard Mail:
Overnight Delivery:
for Ameren Energy Marketing General •
Ameren Energy Marketing
JP Morgan Chase Bank
ABA: 071000013
23532 Network Place
131 S. Dearborn St., 6'h Floor
Account: 771057304
Chicago, IL 60673 -1235
Chicago, IL 60603
Preferred format is ACH -CTX.
Attn: Lockbox 23532 /Ameren Energy
Marketing General
THIS EXECUTABLE OFFER BECOMES BINDING UPON EXECUTION SUBJECT TO CUSTOMER
EXECUTING TIME AGREEMENT PRIOR TO MIDNIGHT ON FRIDAY, MARCH 16, 2012!
THE TERMS AND CONDITIONS HEREIN ARE HIGHLY CONFIDENTIAL AND PROPRIETARY
AND SHALL NOT BE RELEASED TO ANY PERSON, FIRM OR ENTITY WITHOUT THE
EXPRESSED PERMISSION OF AEM.
TABLE 1: PRICING AND TERM INFORMATION
Power Price
(¢/kWh)
Initial Term Begins
Initial Term Ends
4.562
May 2012
May 2015
ComEd ESA TA.NR rev 11 -10 -11 Page 2 of 7 VILLAGE OF LEMONT
4Ameren
EnergyMarketfng
ACCOUNT INFORMATION SHEET FOR
VILLAGE OF LEMONT
AS OF 03/16/2012
ELECTRIC SERVICE AGREEMENT
EXHIBIT A
DELIVERY SERVICE PROVIDER
UTILITY ACCOUNT #
BILL GROUP
SERVICE LOCATION
COMED
46430581 13
19
1695 ASHBURY DRIVE
CHESTNUT XING LIFT, LE IL
COMED
3395113026
19
12163 OAK TREE LANE
OAK TREE LIFT, LE IL
COMED
3235123013
19
14411131STST.
RUFFLED FEATHERS, LE IL
COMED .
3012109011
3
16742 PASTURE DR.
LIFT STATION, LE IL
COMED
2739070030
19
1199 ARBOR DRIVE
HARPERS GROVE LIFT, LE IL
CoMED
2243082048
19
16190127TH STREET
WELL #5, LE IL
COMED
1843088050
19
13675 McCARTHY ROAD
WELL #6, LE IL
COMED
1827145032
20
12836 S. ARCHER AVENUE
KEEPATAW LIFT, LE IL
COMED
1827046114
19
731 HOUSTON STREET ,
WELL #4, LE IL
COMED
1667003028
20
I153 STATE STREET
WELL #3, LE IL
CoMED
1587115090
3
13488 S. ARCHER AVENUE
TARGET - KOHL'S L/S, LE IL
COMED
1535019018
3
310 RIVER ST.
GARAGE, LE IL
COMED
0383091085
4
.
1345 ACORN STREET
EAGLE RIDGE LIFT STATION, LE IL
COMED
0227019043
20
12900 WATERFORD DRIVE
GLENS OF CONNEMARA, LE IL
ComEd ESA TA.NR rev 11 -10 -11 Page 3 of 7 VILLAGE OF LEMONT
*Moen
EnergyMarketing
ELECTRIC SERVICE AGREEMENT
EXHIBIT A
CUSTOMER MUST MAKE THESE ELECTIONS TO COMPLETE EXECUTION AND ESTABLISH BILLING
(Please consult your ACCOUNTS PAYABLE Department for any processing requirements they may have.)
✓ Please select ONLY ONE Delivery Option to ensure proper delivery of your monthly invoice:
124/-prefer to receive invoices by mail,
I prefer to receive invoices electronically,
Email 1 Email 2 Email 3
1 prefer to receive invoices by mail AND electronically:
Email 1" ISC\ Aci 1EJVP ,M(pn"t.t1.Q„S Email 2I111(o(CLSb L4v6rct-.t\ t)S Email 3
Please select ONLY ONE Billing Option below: (These options are available regardless of whether you select "Master" or
"Individual" Invoicing below.)
I prefer "Dual Billing ". (I will receive an invoice from the Utility for delivery service charges and an invoice from AEM for energy
supply charges.)
xI prefer "Combined Billing ". (I will receive a combined invoice frotn AEM which includes utility Delivery Service Charges and
AEM energy charges on one invoice.)
I understand the following requirements apply.
I have completed the attached Account Agent Designation Statement form
I have included a photocopy of the most recent utility/DSP bill for all accounts.
* Note — If Combined Billing is selected, all accounts included in this agreement will be removed from any summary invoicing, Budget Billing,
and Direct Debit or Auto Pay with the utility. Any payment arrangements will be due to the utility in full, Combined billing is subject to
acceptance by Delivery Service Provider ( "DSP'). If rejected by DSP, billing options will default to Dual Billing,
✓ Please select ONLY ONE Invoice Type: (Please consult your ACCOUNTS PAYABLE Department for any processing
requirements they may have.)
I prefer a "Master" invoice. (If you intend to remit a single payment for all accounts, it is suggested you choose a "Master" invoice.)
I prefer an "Individual" invoice. (If you will be remitting separate payments for each account, please choose to receive `Individual"
invoices.
XCheck here if you are a local government entity as defined by 50 ILCS 505/Local Government Prompt Payment Act,
By signing this Exhibit A, Customer authorizes the DSP to enroll Customer's account for retail electric service supply, provided by AEM,
After reviewing the Terms and Conditions of Electric Service, please sign below to enroll your electric service with AEM, If you have any
questions or need additional information, call us toll free at 1- 888 - 451 -3911. By your signature below, you are authorized to enter into this
Agreement with ABM.
VILLAGE OF LEMONT
(SIGN HERE)
Signature: ' Date:
Print Name:
Print Title: V t yt4S(t AA1 ft (I j/
Upon execution, the Agreement is binding. Immediately fax a copy of the entire Agreement and all attachments to 1-
888- 354 -9837. Retain a copy for your records. We will forward all necessary documents to the appropriate delivery
service provider.
133` U-V1/4✓14
ComEd ESA TA.NR rev 1 1 -10.11 Page 4 of 7 VILLAGE OF LEMONT
'Ameren
EnergyMarketing
ELECTRIC SERVICE AGREEMENT
TERMS & CONDITIONS
This Electric Service Agreement Terms & Conditions of Electric Service, and Exhibit A (collectively the "Agreement "), by and between Ameren Energy
Marketing Company ( "AEM ") and Customer, hereinafter "Party" or "Parties ", applies to Customer's Full Requirement Retail Power and represents the
entirety of the Parties' understanding and agreements.
Eligibility: This Agreement is only applicable to non- residential accounts that are less than 400 kW, and if more than one account less than 2,000 kW in
aggregate, as defined by the DSP and as designated at the time of execution of this Agreement. Customer must return all pages of this signed agreement and
A copy of their most rt ent DSP hill to validate eligibility. ABM reserves the right to not initiate service under this Agreement if, at ABM's sole discretion,
it is determined Customer is ineligible for this offer.
Power Price: AEM will arrange for delivery of Customer's Full Requirement Retail Power ( "Retail Power"). The Power Price noted in Exhibit A includes
charges for energy, capacity, PJM network transmission and ancillary services, distribution and transmission energy losses, charges associated with the
purchase, acquisition and delivery of renewable energy certificates (RECs) in accordance with the Illinois state mandated Renewable Portfolio Standard
requirements, if applicable, plus scheduling and Toad forecasting associated with the delivery of Customer's Retail Power. It is understood and agreed that
any RECs purchased and retired in accordance with the aforesaid state mandate is not the property of Customer and Customer has no claim, interest, or right
to said RECs, or any value derived therefrom.
Term: Retail Power delivery will begin for each account, contingent upon confirmation of successfully enrolled Direct Access Service Request from the
host utility, with the first available meter reading date of the month noted under Initial Term Begins in Table I, or as soon as possible thereafter, and ends
with the regularly scheduled meter reading date, for the month noted under Initial Term Ends in Table 1, unless Customer and AEM mutually agree to
extend the Tenn of this Agreement in writing. Regularly scheduled meter reading dates are defined by the DSP Bill Group. If it is not possible to begin
deliveries on the regularly scheduled meter reading date due to the DSP switching rules, Customer may request that AEM perform an off -cycle switch if
account is eligible. If Customer so elects, Customer will receive an off -cycle switching charge on Customer's delivery service invoice from the DSP.
AFTER THE INITIAL TERM, THIS AGREEMENT SHALL CONTINUE ANNUALLY, TO BE KNOWN AS THE RENEWAL TERM, UNLESS
TERMINATED BY EITHER THE CUSTOMER OR AEM IN THE MANNER PRESCRIBED IN THE CHANGES IN TERMS & CONDITIONS AND
FINANCIAL RESPONSIBILITY SECTIONS BELOW.
•
Change in Terms & Conditions: If AEM intends to change any of the terms or conditions of this Agreement for a Renewal Term, including but not limited
to Power Price, AEM will provide Customer written notification of those changes no less than 30 days prior to the Renewal Date. The Renewal Date is the
date 15 days prior to the conclusion of the Term or Renewal Term, as applicable. Customer shall notify AEM within 10 days after the issuance a notice of
change to the tenns or conditions, and no later than the Renewal Date, with written notice to AEM of its intent to terminate service under this Agreement. If
Customer elects not to continue for the Renewal Term, AEM will return Customer's accounts to DSP service rates effective with the next available meter
read date.
Financial Responsibility: AEM reserves the right to require a satisfactory credit review of Customer's payment practices prior to commencing service. If
Customer's credit becomes unsatisfactory including, but not limited to, a consistent pattern of late payments, as determined by ABM in a commercially
reasonable manner, when during the Term or a Renewal 'Ferro of this Agreement, AEM may terminate this Agreement by 15 calendar days notice of
cancellation. Customer remains obligated to pay for all Retail Power delivered within 10 calendar days following termination date.
Billing and Payment: AEM's invoice will reflect the Power Price for Retail Power and, if Customer chooses to receive a combined invoice, it shall also
include DSP delivery charges. If Customer elects to have AEM provide a combined invoice, including both AEM and DSP charges, Customer must
complete, sign, and return the attached DSP "Account Agent Designation Statement" form with the Agreement. Such designation shall remain in effect for
the full Term or Renewal Term of this Agreement. AEM reserves the right at all times to terminate the inclusion of DSP delivery charges on a combined
invoice without notice if Customer's payment history becomes unsatisfactory in the sole discretion of AEM. Customer must pay each monthly bill in Rill by
the due date, which will not be less than 14 days from the invoice date. Late payment charges may be assessed at the rate of 1.5% per month of the
outstanding invoice amount if not received by the due date. If; however, Customer is a local government entity as defined by 50 ILCS 505 / Local
Government Prompt Payment Act (the "Act "), then in such event the Act shall control with regard to the calculation of payment due dates and late payment
charges. All other provisions in this Section remain the same and are in effect.
Force Majeure: If a Party is unable to perform under this Agreement because of circumstances not reasonably within its control, including suspension,
curtailment or service disruption, acts of God, breakage of transmission and delivery facilities or weather disasters, it will provide written notice to the other
Party, and the Party's performance is excused for the duration of the Force Majeure event.
Limitation of Liability: DSP CONTINUES TO PROVIDE DELIVERY SERVICES UNDER THIS AGREEMENT; THEREFORE, AEM WILL NOT BE
LIABLE FOR ANY INJURY, LOSS, CLAIM, EXPENSE, LIABILITY OR DAMAGE RESULTING FROM FAILURE BY DSP OR TRANSMISSION
PROVIDER. AEM IS ALSO NOT LIABLE FOR ANY INJURY, LOSS OR DAMAGE RESULTING FROM INTERRUPTION, INSUFFICIENCY OR
IRREGULARITIES OF SERVICE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD - PARTY, FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR FOR ANY DAMAGES OF A
SIMILAR NATURE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
Change in Law: If there is a change in law, regulation, applicable tariff, or regulatory interpretation thereof that affects herein during the Term or Renewal
Term as determined in the sole discretion of AEM, AEM shall modify those charges to reflect such change, and the modified charges shall appear on the
next monthly invoice.
Dispute Resolution: In the event of a dispute concerning the observance or performance of any of the terms or conditions herein, and the Parties are not
otherwise able to resolve such dispute within 30 days after notice, the Parties agree the dispute shall be resolved by arbitration in accordance with the rules
and regulations established by the American Arbitration Association ( "AAA "). Any decision rendered by the AAA shall be final and binding, and judgment
may be entered by any court of competent jurisdiction.
Miscellaneous: The Parties agree that the laws of the State of Illinois shall govern this Agreement. Customer may not assign this Agreement without the
written consent of AEM. The Agreement is a forward contract under applicable bankruptcy laws.
ComEd ESA TA.NR rev 11 -10 -11 Page 5 of 7 VILLAGE OF LEMONT
Ameren
EnergyMarketing
NON- RESIDENTIAL DESIGNATION OF GENERAL ACCOUNT AGENT
As provided for in the tariffs of Commonwealth Edison Company ( "ComEd "), Customer hereby designates the
following third -party AMEREN ENERGY MARKETING COMPANY to act as Customer's General Account Agent
( "General Account Agent ") for all purposes in arranging and managing tariffed services provided by ComEd in regard to the
Account number(s) listed on the back of this form. ComEd may rely and act on any and all representations and requests made
by General Account Agent on behalf of Customer as if made by Customer directly, except that General Account Agent shall
not have authority to request that ComEd release prior credit history or disconnect service.
Mail all bills and correspondence to this address:
Ameren Energy Marketing Company
Supervisor of Operations, MC 902
PO Box 66712
St. Louis, MO 63166
General Account Agent contact information:
Contact Name: AEM Customer Care Team
Phone Number: 888 -451 -3911, opt 3
Fax Number: 888-354-9837
Email: AEMCustomerCare @ameren.com
Customer acknowledges that General Account Agent is an agent of Customer, not of ComEd. Customer
acknowledges that ComEd will send all bills and notices, including notices prior to disconnection, to General Account Agent.
Customer may or may not receive such notices directly from ComEd in the future. ComEd is not a party to, and shall not be
bound by, the agreement(s) between Customer and General Account Agent. The use of a General Account Agent does not
amend, modify, or alter ComEd's tariffs or any contracts between ComEd and Customer. General Account Agent has no
authority to enter into any agreement on behalf of ComEd or to amend, modify, or alter any of ComEd's tariffs, contracts, or
procedures, or to bind ComEd by making any promises, representations, or omissions. This Designation of General Account
Agent shall be valid until Customer or General Account Agent provides ComEd with written notice of its termination or until
this Designation is otherwise terminated in accordance with ComEd's tariffs,
The designation or use of a General Account Agent does not affect Customer's responsibilities to timely pay ComEd
all amounts due and perform and satisfy all other obligations applicable to Customer. Customer shall remain liable to timely
pay ComEd for all balances due for services rendered by ComEd and all other balances owed ComEd, even if General
Account Agent fails to remit to ComEd amounts paid by Customer to General Account Agent for remittance to ComEd.
Customer shall be responsible to protect its interests with General Account Agent. The appointment of General Account
Agent shall not give Customer or General Account Agent any additional rights beyond those Customer would have under
ComEd's tariffs and any agreements. between ComEd and Customer. ComEd shall not be required to perform services for
General Account Agent as agent of Customer that ComEd does not perform for Customer.
ComEd will begin processing this Designation of General Account Agent form on the `Requested ComEd
Processing Date'. This may take one to 10 business days.
ComEd ESA TA.NR rev 11 -10 -11
VILLAGE OF LEMONT
Customer's Name (as it appears on ComEd bill)
3– C?—
Date
Signature of ComEd Customer (not agent)
kr-
Title of CbmEd Customer Signing this form
Page 6 of 7 VILLAGE OF LEMONT
gre,.
Ameren
EnergyMarketleg
ComEd Account Number(s)
For each metered ComEd Account,
identify at least one ComEd Meter
Number.
Requested ComEd Processing Date
4643058113
May 2012
3395113026
May 2012
3235123013
May 2012
3012109011
May 2012
2739070030
May 2012
2243082048
May 2012
1843088050
May 2012
1827145032
May 2012
1827046114
May 2012
1667003028
May 2012
1587115090
May 2012
1535019018
May 2012
0383091085
May 2012
0227019043
May 2012
Attach additional sheet(s) if needed.
ComEd ESA TA.NR rev 11 -10 -11
Page 7 of 7 VILLAGE OF LEMONT