2002-05RESOLUTION NO. 2002- 5
A RESOLUTION APPROVING AN ALTERNATE POWER PRODUCTION SOURCE
FOR THE VILLAGE OF BUFFALO GROVE'S BUFFALO GROVE GOLF COURSE,
THE BUFFALO GROVE TRAIN STATION AND
BUFFALO GROVE'S WATER AND WASTEWATER PUMPING FACILITIES
WHEREAS, the State of Illinois has provided for the deregulation of electrical
supply generators which has resulted in an opportunity for savings on electrical power
expenses; and,
WHEREAS, the Village desires to benefit from the cost savings which have been
made available as part of the State of Illinois' electrical power supply deregulation
program; and,
WHEREAS, the Village has previously participated in a competitive evaluation
process with other local governments in the Chicago metropolitan area and determined
that a better source for electrical power supply can be achieved through contract with the
AES New Energy, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK
AND LAKE COUNTIES, ILLINOIS, as follows:
Section 1. The attached agreement entitled "Fixed Price Electricity Savings
Service Agreement" related to Buffalo Grove account nos. 0111585007, 1948149005 and
0111523007 is hereby approved.
Section 2. The Village Manager is authorized and directed to execute the
agreement. A copy of said agreement is attached hereto and made a part hereof.
AYES: 6 - Marienthal, Braiman, Glover, Berman, Johnson, Kahn
NAPES: 0 - None
ABSENT: 0 - None
PASSED: February 4 , 2002
APPROVED: February 4 , 2002
APPROVED:
Village President
ATTEST:
9y
L--'V'illage Clerk
G:\PWDIRGRP\LHC\COMED\resOlaes2.doc
FIXED PRICE
ELECTRICITY SERVICE AGREEMENT
newenergy
VILLAGE OF BUFFALO GF
I
FEB 2 0 2002
Fw'J AVivlIN
THIS NEWENERGY FIXED PRICE ELECTRICITY SERVICE AGREEMENT ( "Agreement"), effective as of February 5, 2002 between AES NewEnergy Inc„
( "NewEnergy ") and the customer of record ( "Customer") for the account(s) referenced in this Agreement and shown on the attached Schedule A ( "Account(s) "); requests
Customer's Electric Distribution Company ( "EDC ") to continue providing electricity delivery services with the same reliability and standards otherwise required by-law
and regulation; authorizes the EDC to proceed with enrollment of the Account(s); and requests service by NewEnergy to the Account(s), for which the Parties agree as
follows:
1. NEWENERGY SERVICES. Customer authorizes NewEnergy to act as its Alternative Retail Electric Supplier ( "ARES ") for all purposes for the Account(s), to serve
as its exclusive manager for electricity procurement services, and appoints NewEnergy as its Billing Agent for all purposes. NewEnergy will arrange and be responsible
for the following services and associated costs for the Account(s): procurement of electricity supply; scheduling; transmission and ancillary services; imbalance services;
and arrangement of billing services for all charges and notices related to Customer's usage of electric power and energy delivered by EDC to the Account(s). Customer
authorizes NewEnergy to take such action(s) as it deems necessary to serve the Account(s), and designates NewEnergy as an authorized recipient of Customer's
current and historical energy billing and usage data. Customer shall have full responsibility for payment of any existing amounts owed to EDC. The limited agency
described above shall be coupled with an interest and shall be irrevocable and exclusive for the term of the Agreement. Further, such limited agency shall not create or
result in the imposition of any other duties of NewEnergy to Customer, including any duties that may otherwise arise by operation of law.
2. FIXED PRICE SCHEDULE. NewEnergy will arrange for electric power and energy to be provided for the Account(s) under the terms of this Agreement at the Fixed
Price Cost of Electricity Services using the peak, off -peak, and non - time -of -use Energy Charges identified on Schedule A. For purposes of this Agreement, the "Fixed
Price Cost of Electricity Services" shall mean the total amount due for actual usage of electric power and energy for the Account(s) and shall be defined as the total of
the following: (1) applicable Energy Charges; (ii) EDC Charges; and (iii) applicable federal, state, municipal or other governmental subdivision sales and use taxes and
assessments relating to the purchase or delivery of electricity services for the Account(s).
3. TERM. Service will commence on the first day of the EDC billing cycle, beginning on or about the Switch Date(s) for the Account(s) listed on Schedule A; provided,
however, that commencement of service is dependent upon timely enrollment and acceptance of the Account(s) by the EDC. This Term will end upon the last
applicable meter reading of the EDC December billing cycle concluding on or before December 31, 2004 for each such Account(s), respectively. Not less than sixty (60)
days prior to expiration of this Agreement, NewEnergy will notify Customer of the Fixed Price Savings Schedule applicable to any additional term or extension of this
Agreement. This Agreement will automatically renew for an additional twelve (12) months under the terms of the applicable Fixed Price Savings Schedule unless
Customer notifies New Energy in writing at least forty -five (45) days prior to the expiration of this Agreement that such renewal will not occur.
4. ENROLLMENT. Customer requests NewEnergy to provide service under the terms of this Agreement to the Account(s) presently served by EDC as of the Switch
Date(s) listed on Schedule A. NewEnergy will accept a completed Schedule A by facsimile to (312) 704 -8530 (Attention: Account Enrollment) on or before 2:00 p.m.
CPT of the Expiration Date identified on Schedule A. NewEnergy will confirm timely receipt by providing Customer with a NewEnergy Contract- Number upon Schedule
A.
5, INVOICING AND PAYMENT. Customer elects to receive a single bill from NewEnergy for all amounts related to retail electricity service for the Account(s) and
agrees to timely direct all payments related to the Account(s) to NewEnergy. Unless otherwise agreed in writing, NewEnergy will issue a separate bill using a monthly
cycle for each of the Account(s) identified on Schedule A, and payment is due on the invoice date. Customer shall pay the Fixed Price Cost of Electricity Services
without offset or reduction of any kind as to each of the Account(s) served under this Agreement. Any sums billed and not received by NewEnergy within fourteen (14)
days of invoice shall be automatically assessed a late payment charge of one and one -half percent (1.5 %) per month or the highest rate permitted by law, whichever is
less, as well as interest charges at the same rate, which charge(s) may be subsequently invoiced. NewEnergy reserves the right to adjust its billing cycle, including the
right to estimate in advance all or part of amounts due, with end of cycle reconciliation against Customer's actual consumption.
6. CUSTOMER SERVICE. Information regarding NewEnergy's invoices or services may be obtained by calling NewEnergy at (888) 6384606. Customer agrees to
contact its EDC in the event of an emergency, power outage or other service disruption at (800) 334 -7661.
7. DEFINITIONS, TERMS AND NOTICE. Capitalized terms shall have the meanings provided in this Agreement and the accompanying General Terms and
Conditions, which are incorporated herein by reference. All notices, requests or approvals related to this Agreement shall be in writing and shall be deemed given when
received. All such notices shall be delivered personally or by facsimile, and with verification by certified mail, return receipt requested, or by overnight carrier to the
addresses provided below.
8. NO ALTERATIONS. The terms and conditions preprinted on this Agreement, including the General Terms and Conditions and Schedule A, may not be altered or
modified and any addition, modification or alteration thereto shall be void and without effect. This Agreement shall be void and without effect unless a Fixed Price
Schedule has been executed by Customer and provided a NewEnergy Contract Number corresponding to this Agreement and the NewEnergy Reference Number
stated below.
9. MISCELLANEOUS. Customer affirms that it has read this Agreement in its entirety and it agrees to purchase services from NewEnergy subject to the terms and
conditions contained herein. This Agreement has been drafted by both parties and accQrdingly hall not be construed against either party as drafter.
AES NewEnergy, Inc.:
i�
By:
Authorized Represe tative
Address: 309 W. Washington, Suite 1100
Chicago, Illinois 60606
Attention: Contract Administration
Telephone: (312) 704 -9200
Facsimile: (312) 704 -8530
0 2000 NewEnergy, Inc.
Fixed Price Dec 2004020801
Of
By:
By; V s siA66 C✓.'"ct t, (r '
[INSERT OFFICER TITLE]
Address: 51 Raupp Blvd.
Buffalo Grove, IL 60089
Attention: Mr. Gregory Boysen
Facsimile: (847) 537 -5845
Daytime Telephone: (847) 459 -2547
Evening Telephone: (847) 459 -2547
NewEnergy Reference Number:
UCE -FP
Agreement is not valid until
executed by NewEnergy.
AES NewEnergy, Inc. ( "NewEnergy ")
IL Fixed Price Schedule A
Expiration Date: 2/6/02
Prepared for: Village of Buffalo Grove
Account Number
Meter Number
Service Address
Switch Date
0111585007
079163197
48 Raupp Blvd.
2/14/02
2003
.03487
Buffalo Grove, IL 60089
.02946
1948149005
096514234
801 Commerce Ct.
217/02
Buffalo Grove, IL 60089
0111523007
079022896
50 Raupp Boulevard
2/11/02
Buffalo Grove, IL 60089
This Schedule A is subject to and conditioned upon the terms of the NewEnergy Fixed Price Service
Agreement ( "Agreement ") containing the NewEnergy Reference Number listed below and
is not valid beyond 2:00 CPT on the Expiration Date.
Any alteration, addition, or modification of the preprinted terms upon this Schedule A shall be void and
without any effect.
NewEnergy will provide a NewEnergy Contract Number upon receipt of the following by 2:00 CPT on the
Expiration Date via facsimile to (312) 704 -8530 (Attention: Product Management): (1) the completed
Agreement containing the NewEnergy Reference Number and executed by Customer; and (2) Customer's
signature on this Schedule A.
The Fixed Price(s) are:
Account #0111585007
Year
On -Peak dollars /kWh
Off -Peak dollars /kWh
NTOU dollars /kWh
2002
.03363
.02415
.02804
2003
.03487
.02570
.02946
2004
.03976
.02638
.03186
Account #1948149005
r Year
On -Peak dollars/kWh
Off -Peak dollars /kWh
NTOU dollars /kWh
2002
.02922
.02922
.02922
2003
.03197
.03197
.03197
2004
.03363
.03363
.03363
Account #0111523007
Year
On -Peak dollars /kWh
Off -Peak dollars /kWh
2002
.02846
.02846
2003
.03014
.03014
2004
.03204
.03204
I request NewEnergy to provide service for the Account(s) stated on this Schedule A under the terms and conditions
specified in the Agreement corresponding to the NewEnergy Reference Number identified below:
By: Village of Buffalo �ve
By: —,t�4 ? \ (Authorized Signature and Title);
NewEnergy Reference Number: IL -CE -FP
NewEnergy Contract Number:
® 2000 NrAawgy, Ine
Flied Prim Dee 02112000
r
Date: _r' &6 L{ ??,-o o 2r-