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2000-038ORDINANCE NO. 2000- 38 AN ORDINANCE AUTHORIZING PARTICIPATION IN AN INTERGOVERNMENTAL JOINT PURCHASING PROGRAM RELATED TO THE PURCHASE OF ELECTRIC SUPPLY SERVICE WHEREAS, the Village of Buffalo Grove (the "Municipality ") expends a significant amount of funds in the purchase of electricity; and, WHEREAS, the Municipality would benefit from obtaining lower prices for its purchases of electricity; and, WHEREAS, the Local Government Electric Power Alliance (the "Alliance "), an Illinois not - for - profit corporation, whose members include the City of Chicago, Chicago Park District, Chicago Transit Authority, City Colleges of Chicago and Chicago School Reform Board of Trustees (collectively, the "Alliance Members "), intends to issue a request for proposals for the purchase of electric supply service (the "RFP ") by some or all Alliance Members and other governmental entities identified in the RFP (collectively, the "Participants "); and, WHEREAS, the Participants will be required to purchase electricity from the electric utility or the alternative electric retail supplier selected by the Alliance pursuant to the RFP (the "Selected RES "); and, WHEREAS, it is anticipated that each Participant that purchases electricity using a contract between it and the Selected RES, that is entered into pursuant to the RFP, will be able to obtain more competitive prices for its purchases than if it separately negotiated a purchase price; and, WHEREAS, the Municipality has determined that it would be beneficial to be a Participant; and, WHEREAS, the Municipality is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are incorporated as if fully set forth here. o 0 SECTION 2. The Village Manager (the "Authorized Individual ") is authorized to sign a letter acknowledging that (i) the Alliance intends to name the Municipality in the RFP as an entity that will purchase electricity from the Selected RES, (ii) the Municipality will provide the Alliance with requested information relating to its anticipated usage of electricity, and (iii) any of the Municipality's electric purchases from the Selected RES will be counted toward the usage levels used to determine the price of electricity to Participants purchasing electricity from the Selected RES under agreements entered into pursuant to the RFP. SECTION 3. In order to preserve the integrity of the RFP procurement process, the Authorized Individual is authorized to execute a confidentiality affidavit in substantially the form attached hereto as Exhibit A. SECTION 4. The Authorized Individual is authorized (a) to provide the Alliance with information it requests relating to the Municipality's anticipated usage of electricity and (b) to enter into an agreement with the Selected RES to purchase electric power (the "Agreement "), under terms consistent with those negotiated by the Alliance with the Selected RES. The Authorized Individual also is authorized to execute such agreements and documents, and perform any and all acts on behalf of the Municipality as may be necessary or advisable to effectuate the Agreement, subject to the approval as to form and legality of the Village Attorney. SECTION 5. This ordinance shall become effective immediately upon its passage. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 1 - Berman PASSED: July 10 , 2000 APPROVED: July 10 '2000 PUBLISHED: July 11 , 2000 ATTEST: Village Clerk 2 APPROVED: Village President Attachment A Confidentiality Affidavit This confidentiality affidavit ( "Affidavit") is executed this I Oth day of July, 2000 by the Village of Buffalo Grove, Illinois, (the "Party"). The Local Government Electric Power Alliance (the "Alliance ") intends to (but does not commit to) issue a request for proposals for electric supply service ( "RFP ") and enter into an agreement pursuant to that RFP (the "Electric Supply Service Program"). During the development of the RFP, and prior to, during and after the review, evaluation, selection and negotiation of proposals and all subsequent phases of the Electric Supply Service Program, the Party agrees that all Information (as described below) is property of the Alliance and is confidential except as specifically authorized in this Affidavit or as may be required by law. The Party must not allow the Information to be made available to any other individual or organization without the prior written consent of the Alliance. The Party must implement any measures that are necessary to ensure that its employees, elected officials, representatives, agents and consultants that have access to any Information are bound by the confidentiality provisions contained in this Affidavit. II. For purposes of this Affidavit, Information means: (A) any proposals, exhibits, documents, data, charts and other information, of any kind or nature, submitted to the Alliance (or to the Party in anticipation of such information being submitted to the Alliance) by any person or entity whatsoever, including without limitation any electric utility or Alternative Electric Retail Suppliers, as defined in Section 16 -102 of Illinois Public Act 90 -561 (collectively, "RES "), contractor or consultant, or prepared by or assembled by the Alliance and/or any of its consultants or contractors, relating to any aspect of the Electric Supply Service Program, and encountered by the Party in any way whatsoever; and (B) any data of whatever kind or nature, including without limitation any notes, work product, charts, graphs, evaluation sheets, numerical ratings and grades, in any form whatsoever, prepared or encountered by the Party or acquired by the Party during its participation in any aspect of Electric Supply Service Program and relating to the evaluation of proposals and/or negotiation of term sheets, agreements or any terms thereof or relating to matters of whatever nature pertaining to the Electric Supply Service Program; and (C) any statements or communications, whether oral or written, relating to the evaluation of the materials referred to in paragraph (A) above or the negotiation of term sheets, agreements or terms thereof or the materials referred to in paragraph (B) above pertaining to the Electric Supply Service Program, and encountered by the Party, whether in telephone calls, meetings, discussions, negotiations, oral presentations or otherwise. III. The Party must maintain, while in the Party's possession and/or control, the Information in such a way as to assure confidentiality, subject to the exceptions set forth in Sections V and VI below. The Party understands that the dissemination of Information may jeopardize the integrity of the entire procurement process and that the RFP process may be terminated if a violation of confidentiality occurs. Therefore, the Party agrees to cooperate in and commit itself to preserving the confidentiality of the process and all Information as described herein. IV. The Party must not issue any publicity news releases or grant press interviews regarding the Electric Supply Service Program without the prior written consent of a board member of the Alliance, or his/her duly authorized designee. V. If the Party is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any records, data or documents which may be in the Party's possession by reason of services performed or any other involvement with the Electric Supply Service Program, the Party must immediately give notice to the Alliance with the understanding that the Alliance will have the opportunity to contest such process by any means available to it before the records or documents are submitted to a court or other third party. The Party, however, is not obligated to withhold the delivery beyond the time ordered by the court of administrative agency, unless the subpoena or request is quashed or the time to produce is otherwise extended. VI. A. Notwithstanding the foregoing, the Party will not be prohibited from disclosing or participating in the disclosure of any Information to the extent (i) disclosure is required by law or legal process with the understanding that the Alliance will have the opportunity to contest such required disclosure by any means available to it in accordance with Section V above; (ii) such Information is generally available to the public, other than as a result of a disclosure prohibited hereby; (iii) that is required to be disclosed in connection with any suit, action or proceeding in connection with the enforcement of rights by the Party or any other participant in the RFP or any agreements executed in connection with it; (iv) such Information is disclosed pursuant to the prior written authorization of the Alliance; or (v) that the information is related to how the type of transaction is generally structured but not information related specifically to the Electric Supply Service Program. B. In addition to the foregoing, nothing in this Affidavit will preclude the Party from communicating (either by telephone or personal meeting) with any RES that has been selected by the Alliance, provided that the following occurs before such communication is initiated; (1) the Party provides the Alliance with reasonable advance notice of the meeting or telephone conference, the 2 opportunity to participate in it, and a description of the matters to be discussed during the meeting or telephone call, (2) if the Alliance elects not to participate in the communication, the Party obtains the prior approval of the Alliance for the Party to engage in the meeting or telephone conference and submits written confirmation of such prior approval to the Alliance by e-mail or facsimile prior to engaging in the communication, (3) the Party does not disclose any Information to the RES except for (a) Information that is part of such RES's proposal, or (b) Information that may be disclosed under paragraph VI hereof, but only elicits information from the RES, and (4) if the Alliance elects not to participate in the communication, the Party promptly after the meeting or telephone conference shares the information with the Alliance. C. This Affidavit is executed for the sole benefit of the Alliance and does not create rights in any other party. Signed at Buffalo Grove, Illinois: Village of Buffalo Grove, Illinois (the Party) By: William R. Balling — Village Manager Subscribed and sworn to before me this 10th day of July, 2000 Notary Public My Commission expires: (SEAL) G: \P WDIItGRP\LHC \COMED \0700ca.doc � .- > E ORDINANCE NO. 2000- 38 AN ORDINANCE AUTHORIZING PARTICIPATION IN AN INTERGOVERNMENTAL JOINT PURCHASING PROGRAM RELATED TO THE PURCHASE OF ELECTRIC SUPPLY SERVICE WHEREAS, the Village of Buffalo Grove (the "Municipality ") expends a significant amount of funds in the purchase of electricity; and, WHEREAS, the Municipality would benefit from obtaining lower prices for its purchases of electricity; and, WHEREAS, the Local Government Electric Power Alliance (the "Alliance "), an Illinois not - for - profit corporation, whose members include the City of Chicago, Chicago Park District, Chicago Transit Authority, City Colleges of Chicago and Chicago School Reform Board of Trustees (collectively, the "Alliance Members "), intends to issue a request for proposals for the purchase of electric supply service (the "RFP ") by some or all Alliance Members and other governmental entities identified in the RFP (collectively, the "Participants "); and, WHEREAS, the Participants will be required to purchase electricity from the electric utility or the alternative electric retail supplier selected by the Alliance pursuant to the RFP (the "Selected RES "); and, WHEREAS, it is anticipated that each Participant that purchases electricity using a contract between it and the Selected RES, that is entered into pursuant to the RFP, will be able to obtain more competitive prices for its purchases than if it separately negotiated a purchase price; and, WHEREAS, the Municipality has determined that it would be beneficial to be a Participant; and, WHEREAS, the Municipality is a home rule unit of government by virtue . of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are incorporated as if fully set forth here. SECTION 2. The Village Manager (the "Authorized Individual ") is authorized to sign a letter acknowledging that (i) the Alliance intends to name the Municipality in the RFP as an entity that will purchase electricity from the Selected RES, (ii) the Municipality will provide the Alliance with requested information relating to its anticipated usage of electricity, and (iii) any of the Municipality's electric purchases from the Selected RES will be counted toward the usage levels used to determine the price of electricity to Participants purchasing electricity from the Selected RES under agreements entered into pursuant to the RFP. SECTION 3. In order to preserve the integrity of the RFP procurement process, the Authorized Individual is authorized to execute a confidentiality affidavit in substantially the form attached hereto as Exhibit A. SECTION 4. The Authorized Individual is authorized (a) to provide the Alliance with information it requests relating to the Municipality's anticipated usage of electricity and (b) to enter into an agreement with the Selected RES to purchase electric power (the "Agreement "), under terms consistent with those negotiated by the Alliance with the Selected RES. The Authorized Individual also is authorized to execute such agreements and documents, and perform any and all acts on behalf of the Municipality as may necessary or advisable to effectuate the Agreement, subject to the approval as to form and legality of the Village Attorney. SECTION 5. This ordinance shall become effective immediately upon its passage. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 1 - Berman PASSED: July 10 , 2000 APPROVED: July 10 , 2000 PUBLISHED: July 11 , 2000 APPROVED: ATTEST: oe'A TVA Village Clerk 2 Z" 4/A�� Village President