Loading...
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. Chtneren Fne gyMMvrlmting EIICIMC SERVICE AORIIMDl EfERMIT A Ca. brow Mks 0l.AlbtbSe.4. ' ARIER121 D•ACY SAUCING C0IDAMY W411RDIM.Ob.M.11�Pl.Ywi.11AY AR143m,0I .1, a1 —,a..1 r.wo _." •.O .1..%,b p.b.001.4.AAiw.t A11. O.MrC.. Jar Awl: I5albstMAPWDM 1 CPIRTiq. Ce•l.Nb,116. 6451 • CURT 1 P1 W4113111 Op1iml ha: 11/3 3 4111 3 DWi1k 13.1111•01N .k T.S.nlTUIDk 11.1391311 ?am! Tam •• A A11b.,1‘w. 1.a414.,.O.._ w(n,.de... LP • S. COAT Rik flew: R.: 1 kat ACM Imam* TO 3MD IIyM1M T.: DMM1eWm.l.el SYnkd M.O • Ounddlt DAM.1• fat ADMM.10..11M.1IW10w11d AMMO Eammy M.A.IA11 01. MuMCMwH.n1t ABA.0110:01111 231tt He.pk1Wa 1313. DiaApen 00 P new Awebu:AW173U C86.1..11.406311113 fakg4 D.00901 Pn0110t Mb ACRjA ADn IuMU llrn,Maen Gn,p MNeY1tHwW I Among fnagyMarketknj itzeuicsumicrimauto l E%IWT A CISIOIRA 10.41 MAMC MU IKC71W11 TOODIRISI[ 1.QCD1103 AND 11A11W11Dam (Nene...p.m.000U.IP RAYARIE DyubM fed .yl•a.olyn.bawd..Myw . yNv.) Mau Ml... tn1-..n11*. 40.n. p.Iu Woq.fy.w EttoMy Imam .,,` lwfm e.ewla ledm y.31 - IpY.bwWt ineb. MN.d•1A P i1 - WI f 3 1PwY .....t., 4.4Akna.b .k.y: E.•1 Rd e 1.31) `(MSn.ebt.1 ;01gOp..ld.., Man . N.1d.l,..dM 41aM•b ipketaa wIA'iw.l .. • 1 , lnbedllm wl. robe ee Mika *mu - 110 1- • • 61aRt Mihail at any DOAby I..b Clara M ADIRMe• I,.dwel YfiM11 _ 164110.Ml1 -- dYwwlwY,Df1 RR b.• so.. !� • AW- p'0.40W1•11 1a0l/ dew! kW MY arena Hem.d aMQ .wylWl! .1.* ld1/AYD.M1.�.�.r1631t.PPlr 01* I4O.0A.. 1AO0*3 4*d4e041..1Mb 31* .b I*471101•7mYr(M1V7. Oti1.I yAU,I01tyec Nlp.)UDtl'M1t MlMM11111164:11EImkeTylM Oboe e. wl/ w.A000Uf7 /MYANiO.Rnw16.aRP,MMb1 mat.b..4MyM.yM,a) Ip.ka•Uurria,ti. 04.0MM b.. R., i.• eM1. ..f.•.Me..114ea1m.H1wde•al.. "1...) IpA *L4 ,.T4n*s (Ifiovalte madly Rme p 1 • . b l a b asil}M.mremO'NBriYf IVlr is :mks. dtrAEM. Aaelon711• _ Chart 11nMw on. Sid iovumm Mar nl.kdhATCC13Mlmeal r.IMapTamMeAtt a4 tam aay qus;tiaV:pTTeeQedtibat adorn M**4 COBOL RR ral V 1.986-431.3811. By yov/gdtoabebw,yov Mt tall -mind tooda into Ai. 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 i�11 y; £enin►itted�t* cheige ,Fapused Om arOce •• ✓rounded en strength , llS n ! ?1 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