2012-033J
0
8-4 -2012
ORDINANCE NO. 2012 — 33
AN ORDINANCE APPROVING AN AMENDMENT TO THE AGGREGATION PROGRAM AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970;
WHEREAS, pursuant to Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 3855/1 -1 et seq. municipalities are
authorized to aggregate the electric loads of residential and small commercial retail customers and to then
solicit bids, select a retail electric supplier, and enter into a supply agreement to facilitate the purchase of
electricity and related services on behalf of its residents and small businesses;
WHEREAS, the Village of Buffalo Grove and Villages of Arlington Heights, Lincolnshire, Long Grove, Palatine,
Vernon Hills and Wheeling ( "Consortium ") have entered into an Intergovernmental Agreement to pursue an
electric aggregation program and have approved a Joint Power Supply Bid;
WHEREAS, on April 16, 2012, the Village of Buffalo Grove Corporate Authorities approved Ordinance No. 2012-
15, an Ordinance Approving an Electric Aggregation Plan of Operation and Governance;
WHEREAS, the Electric Aggregation Plan of Operation and Governance describes pursuant to state law:
1) How the Aggregation Program will provide for universal access to all applicable residential and small
business customers and equitable treatment of applicable customers;
2) How demand management and energy efficiency services will be provided to each class of customers;
and
3) How the Aggregation will meet any other legal requirements concerning aggregated electric service;
WHEREAS, the Village entered into an Aggregation Program Agreement with Integrys Energy Services, Inc. dated
April 27, 2012; and
WHEREAS, the Village supports an amendment to the Aggregation Program Agreement with Integrys Energy
Services, Inc in order to include space heat customers as eligible customers of the Electric Aggregation Program.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO
GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. The Amendment To The Aggregation Program Agreement that is attached hereto at
Exhibit A is approved. The Village Manager is hereby authorized to execute said
Amendment.
Section 3. Section VII.A. of the Electric Aggregation Plan of Operation and Governance is hereby
amended to allow Space Heat customers as eligible customers.
Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and
publication. This Ordinance may be published in pamphlet form. This Ordinance shall
not be codified.
AYES:
NAYES:
ABSENT:
•
WSJ- Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
0 - None
0 - None
Approved August 6 -F 2012
Attest:
Vill erk
Tressler /Park Ridge/ #97461
Passed August 6 ,2012
a •
Exhibit A
AMENDMENT TO THE AGGREGATION PROGRAM AGREEMENT
This Amendment to the Aggregation Program Agreement ( "Amendment ") dated as of 6th day of August, 2012 is
hereby made by and between Integrys Energy Services, Inc. ( "Vendor ") and the Village of Buffalo Grove
( "Village "). The Village and Vendor are sometimes hereinafter referred to individually as "Party' and collectively
as "Parties ". Any capitalized terms not defined herein shall have the meaning set forth in the Agreement.
WHEREAS, the Village and Vendor agreed to terms associated with the Village's Aggregation Program in
the Aggregation Program Agreement dated April 27, 2012 ( "Agreement "); and
WHEREAS, the rates for Tariffed Service for Residential Single Family With Electric Space Heat Delivery
Class, Residential Multi Family With Electric Space Heat Delivery Class, and Nonresidential Electric Space Heat
Delivery Classes ( "Space Heat Eligible Customers ") have increased since the date of the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to include Space Heat Eligible Customers within
the definition of Eligible Customers in the Agreement and agree upon an additional Opt -Out Process to roll into
the Aggregation Program Space Heat Eligible Customers that do not opt -out.
NOW, THEREFORE, effective as of the date of this Amendment, in consideration of the promises and
mutual covenants set forth below, the Parties agree to amend the Agreement as follows:
1. Section 4.13 of the Agreement is hereby deleted and replaced with the following:
"4.13 Residential Customer Class. The residential customer class shall include Participating
Customers taking service from ComEd under the following rates:
4.13.1 Residential Single Family Without Electric Space Heat Delivery Class
4.13.2 Residential Multi Family Without Electric Space Heat Delivery Class
4.13.3 Residential Single Family With Electric Space Heat Delivery Class
-4.13.4 Residential Multi Family With Electric Space Heat Delivery Class"
2. Section 4.14 of the Agreement is hereby deleted and replaced with the following:
"4.14 Commercial Customer Class. The commercial customer class shall include those Participating
Customers taking service from ComEd consuming less than 15,000 kWh annually under the following
rates:
4.14.1 Watt -Hour Delivery Class
4.14.2 Small Load Delivery Class
4.14.3 Nonresidential Electric Space Heat Delivery Class"
3. In Exhibit B, subsections 1(a) and 1(b) of the sample Member Terms and Conditions are hereby deleted
and replaced with the following:
a. Residential Customer Class. To be eligible for the Residential Rate, the Account(s) to be served must
be designated by the Utility as belonging to one of the following delivery classes: (i) Residential Single
Family Without Electric Space Heat Delivery Class, (ii) Residential Multi Family Without Electric Space
Heat Delivery Class, (iii) Residential Single Family With Electric Space Heat Delivery Class, or (iv)
Residential Multi Family With Electric Space Heat Delivery Class. Notwithstanding the foregoing, if the
Account(s) to be served are (i) on an hourly billing rate or (ii) under contract with another retail electric
supplier, the Account(s) are not eligible for Opt -Out Enrollment as defined in Section 2a below but are
eligible for Opt -In Enrollment as defined in Section 2b below.
b. Commercial Customer Class. To be eligible for the Commercial Rate, the Account(s) to be served must
be designated by the Utility as belonging to one of the following delivery classes: (i) Watt -Hour Delivery
Class, (ii) Small Load Delivery Class, or (iii) Nonresidential Electric Space Heat Delivery Class.
Notwithstanding the foregoing, if the Account(s) to be served are (i) on an hourly billing rate or (ii) under
contract with another retail electric supplier, the Account(s) are not eligible for Opt -Out Enrollment as
defined in Section 2a below but are eligible for Opt -In Enrollment as defined in Section 2b below."
4. The Parties agree that as soon as practicable following execution of this Amendment, Vendor shall run a
second - Opt -Out Process targeted to the Space Heat Eligible Customers.
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5. Each Party acknowledges and agrees that (a) it has the corporate, governmental and /or other legal
capacity, authority and power to execute, deliver and enter into this Amendment and any other related
documents, and perform its obligations under this Amendment and (b) it taken all necessary actions and
made all necessary determinations and findings to authorize such execution, delivery and performance.
6. This Amendment may be executed and delivered in counterparts (including facsimile transmission or
attachment to electronic mail transmission), each of which will be deemed an original and all of which
together will constitute one and the same instrument. By way of clarification however, this Amendment
will not be effective unless both Parties have executed a counterpart.
7. By signing below, each individual additionally warrants that he or she is authorized to sign this
Amendment on behalf of the Party for which it was executed.
8. As amended herein, the Agreement shall remain in full force and effect.
m4 vvi i ivtz:)s vvhtKtur, tnis Hmenament nas been duly executed as of the dates set forth below.
VENDOR: VILLAGE OF BUFFALO GROVE: xe ;" Integrys Energy Services, I c.
i
By: By:
Name: Dane Bragg
Title: Pre -S!, Village Manager
Date: h't�l(1/0'� f'7, ! August 7, 2012
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STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on August 6, 2012, the Corporate
Authorities of the Village passed and approved No.
2012 -033, An Ordinance Approving An
Amendment to the Aggregation Program
Agreement prepared, and a copy of such Ordinance
was posted in and at the Village Hall, commencing
on August 7, 2012 and continuing for at least ten
days thereafter. Copies of such Ordinance were also
available for public inspection upon request in the
Office of Village Clerk.
Dated at Buffalo Grove, Illinois, this 7th day of
August, 2012
VijKge Clerk
YA"O�
I Y
8 -4 -2012
ORDINANCE NO. 2012— 33
AN ORDINANCE APPROVING AN AMENDMENT TO THE AGGREGATION PROGRAM AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970;
WHEREAS, pursuant to Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 3855/1 -1 et seq. municipalities are
authorized to aggregate the electric loads of residential and small commercial retail customers and to then
solicit bids, select a retail electric supplier, and enter into a supply agreement to facilitate the purchase of
electricity and related services on behalf of its residents and small businesses;
WHEREAS, the Village of Buffalo Grove and Villages of Arlington Heights, Lincolnshire, Long Grove, Palatine,
Vernon Hills and Wheeling ( "Consortium ") have entered into an Intergovernmental Agreement to pursue an
electric aggregation program and have approved a Joint Power Supply Bid;
WHEREAS, on April 16, 2012, the Village of Buffalo Grove Corporate Authorities approved Ordinance No. 2012-
15, an Ordinance Approving an Electric Aggregation Plan of Operation and Governance;
WHEREAS, the Electric Aggregation Plan of Operation and Governance describes pursuant to state law:
1) How the Aggregation Program will provide for universal access to all applicable residential and small
business customers and equitable treatment of applicable customers;
2) How demand management and energy efficiency services will be provided to each class of customers;
and
3) How the Aggregation will meet any other legal requirements concerning aggregated electric service;
WHEREAS, the Village entered into an Aggregation Program Agreement with Integrys Energy Services, Inc. dated
April 27, 2012; and
WHEREAS, the Village supports an amendment to the Aggregation Program Agreement with Integrys Energy
Services, Inc in order to include space heat customers as eligible customers of the Electric Aggregation Program.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO
GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. The Amendment To The Aggregation Program Agreement that is attached hereto at
Exhibit A is approved. The Village Manager is hereby authorized to execute said
Amendment.
Section 3. Section VII.A. of the Electric Aggregation Plan of Operation and Governance is hereby
amended to allow Space Heat customers as eligible customers.
Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and
publication. This Ordinance may be published in pamphlet form. This Ordinance shall
not be codified.
AYES: 6:�- Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 - None
ABSENT: 0 — None
Approved August 6 ,2012
Attest:
Vill erk
Tressler /Park Ridge/ #97461
Passed August 6 ,2012