R-21-23RESOLUTION NO. 2021- R-21-23
A RESOLUTION APPROVING A CONTRACT FOR THE PROVISION OF ELECTRICITY
FOR THE VILLAGE'S ELECTRICITY AGGREGATION PROGRAM
WHEREAS, pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS
3855/1-92 ("Act'), on March 26, 2012, the Village President and Board of Trustees adopted
Ordinance No. 2012-13, authorizing the establishment of an opt -out program for the aggregation
of electrical loads of residential and small commercial retail customers ("Customers") in the
Village ("Electricity Aggregation Program"); and
WHEREAS, the Village is a member of the North Shore Electricity Aggregation
Consortium ("Consortium"), an intergovernmental association formed to facilitate the
cooperation of its member municipalities toward obtaining the lowest possible electricity rates for
their respective residents and small businesses; and
WHEREAS, it has not been economically feasible to reduce residents' electricity
rates through joint purchasing by the Consortium since the Consortium's last electricity supply
arrangement expired in 2017; and
WHEREAS, the Consortium has devised a new Electricity Aggregation Program
through which: (i) only certain Customer loads are aggregated to an electricity supplier whose
price matches the default retail electricity supply rate; and (ii) the selected electricity supplier must
provide public benefits to each municipality within the Consortium; and
WHEREAS, pursuant to Section 1-92(b) of the Act, on January 19, 2021, the
Village President and Board of Trustees adopted Resolution No. 2021-2, approving an amended
plan of governance for the Electricity Aggregation Program that reflects the Consortium's new
Electricity Aggregation Program; and
WHEREAS, pursuant to the Act, the Consortium sought proposals for the award
of a new contract for the provision of electricity for the Electricity Aggregation Program
("Contract"); and
WHEREAS, MC Squared Energy Services, LLC of Chicago, Illinois ("MC2"), was
the lowest responsible bidder of the firms that submitted bid packages to the Consortium; and
WHEREAS, entering into the Contract with MC2 will yield periodic revenues for
the Village ("Civic Grant Contribution"), and it is the intent of the Village President and Board of
Trustees to evaluate and determine the use of these funds subsequent to the approval of the
Contract; and
WHEREAS, the Village President and Board of Trustees have determined that it
will serve and be in the best interests of the Village to approve the Contract between the Village
and MC2.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as
follows:
f 00121058.1)
Section 1. Recitals.
The foregoing recitals are incorporated into, and made a part of, this Resolution as
the findings of the President and Board of Trustees of the Village.
Section 2. Approval of Contract.
The Contract by and between the Village and MC2 is hereby approved in
substantially the form attached to this Resolution as Exhibit A, and in final form approved by the
Village Manager and the Village Attorney.
Section 3. Execution of Contract.
The Village Manager and the Village Clerk are hereby authorized and directed to
execute and attest, on behalf of the Village, the Contract upon receipt by the Village Clerk of at
least one original copy of the Contract executed by MC2; provided, however, that if the executed
copy of the Contract is not received by the Village Clerk within 30 days after the effective date of
this Resolution, then this authority to execute and attest will, at the option of the President and
Board of Trustees, be null and void.
Section 4. Authorization to Purchase Renewable Ener-gy Credits.
The President and Board of Trustees hereby authorize the Village Manager to
execute, on behalf of the Village, all documentation necessary to procure RECs from time to time
using the Civic Grant Contribution, in accordance with and pursuant to this Resolution and the
Contract. This Resolution is not to be deemed or interpreted as obligating the Village Manager to
execute any documentation related to the procurement of RECs.
Section 5. Effective Date.
This Resolution will be in full force and effect from and after its passage and
approval as provided by law.
[Signature page follows.]
100121058.11 2
PASSED this 6th day of July, 2021, by vote of the Board of Trustees of the Village of Deerfield,
as follows:
AYES: Benton, Jacoby, Jester, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
APPROVED this 7thday of July, 2021.
Jillage President
ATTEST:
za4�-'
Village Clerk
{00121058.1)
EXHIBIT A
CONTRACT
{00121058.1)
POWER SUPPLY AGREEMENT
By and Between
The Village of Deerfield and
MC Squared Energy Services, LLC
This Power Supply Agreement is entered into as of this' day of July 2021 ("Agreement"), by and between the
Village of Deerfield ("Village"), an Illinois municipal corporation, and MC Squared Energy Services, LLC (mcz) ("Vendor"),
an Illinois corporation with an office located at 175 W. Jackson Blvd, Suite 240, Chicago, IL 60604. mc' and the Village
are sometimes hereinafter referred to individually as a "Party" or collectively as the "Parties".
WITNESSETH
WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 ("Act"), authorizes the corporate
authorities of a municipality to establish a program to aggregate electrical loads of residential and small commercial retail
customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related
services and equipment for those electrical loads; and
WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electricity
Aggregation Program as an "opt -out" program that applies to all residential and small commercial retail electrical
customers who do not affirmatively choose not to participate; and
WHEREAS, the Village is a member of the North Shore Electricity Aggregation Consortium, which includes the
Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and Skokie, and the Cities of Highland Park, Lake Forest and Park
Ridge ("Consortium"), which Consortium was established pursuant to Article VII, Section 10 of the Illinois Constitution of
1970, the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq., and Section 1-92 of the Act, 20 ILCS 3855/1-92 to
facilitate joint action and intergovernmental cooperation concerning the Aggregation, and has negotiated this agreement
as a joint purchasing opportunity for the use by multiple municipalities under the Governmental Joint Purchasing Act (30
ILCS 525/); and
WHEREAS, on March 20, 2012, the voters of the Village approved a referendum to authorize the operation of a
Program as an "opt -out" program pursuant to the Act; and
WHEREAS, although each member of the Consortium will operate a separate Electricity Aggregation Program for
its residents, the Consortium members collectively determined that combining the bidding and contracting process to
obtain the supply of electric power for each Consortium member's Aggregation could provide potential savings through a
joint project bid ("Joint Power Supply Bid"); and
WHEREAS, the Joint Power Supply Bid was issued on March 10, 2021; and
WHEREAS, Vendor is a registered and certified RES by the ICC and was identified as the best value bidder pursuant
to the Joint Power Supply Bid; and
WHEREAS, the Village has selected Vendor as the supplier for the Aggregation Program; and
WHEREAS, the Village and Vendor desire to establish the rights and obligations of the Parties with respect to
aggregating, determining a price for, and supplying electricity to and for the Aggregation Program;
NOW, THEREFORE, the Parties, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, agree as follows:
ARTICLE 1: RECITALS
The foregoing recitals are, by this reference, fully incorporated into and made part of this Agreement.
ARTICLE 2: DEFINITIONS
Whenever used in this Agreement, the following terms shall have the meanings defined below except where the
context indicates otherwise:
A. "Affiliate" shall mean any person, firm, corporation (including, without limitation, service corporation and professional
corporation), partnership (including, without limitation, general partnership, limited partnership and limited liability
partnership), limited liability company, joint venture, business trust, association or other entity that now or in the
future directly or indirectly controls, is controlled by, or is under common control with Vendor.
B. "Act" shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq.
C. "Aggregation" or "Municipal Aggregation" shall mean the pooling of residential and small commercial retail electrical
loads located within the City for the purpose of soliciting bids and entering into service agreements to facilitate for
those loads the sale and purchase of electricity and related services and equipment, all in accordance with Section 1-
92 of the Act.
D. "Aggregation Consultant" or "Consultant" shall refer to Illinois Community Choice Aggregation Network LLC (ICCAN),
the independent consultant with demonstrated expertise in electric supply contracting that has been retained by the
Consortium to assist with the implementation of each member municipality's Program; or such other independent
consultant as may be identified by the Village.
E. "Aggregation Member" or "Member" shall mean a residential or small commercial retail electric account properly
enrolled in the Aggregation Program.
F. "Aggregation Program" or "Program" shall mean the program adopted by the Village pursuant to Section 1-
92 of the Act to provide residential and small commercial customers with retail electric supply.
G. "Agreement Term" is defined in Section 3.A of this Agreement.
H. "Alternative Retail Electric Supplier" or "ARES" shall mean an entity certified by the ICC to offer electric power or
energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the
delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation,
resellers, aggregators and power marketers but shall not include the Electric Utility or the Aggregation Members. For
purposes of this Agreement, the definition of Alternative Retail Electric Supplier is more completely set forth in 220
ILCS 5/16-102.
"Ancillary Services" shall mean certain necessary services that shall be provided in the generation and delivery of
electricity. As defined by the Federal Energy Regulatory Commission, "Ancillary Services" include, without limitation:
coordination and scheduling services (load following, energy imbalance service, control of transmission congestion);
automatic generation control (load frequency control and the economic dispatch of plants); contractual agreements
(loss compensation service); and support of system integrity and security (reactive power or spinning and operating
reserves).
J. "Commodity Price" is defined in Section S.E. of this Agreement.
K. "Commonwealth Edison" or "ComEd" shall mean the Commonwealth Edison Electric Utility Company as the entity
that has a franchise, license, permit or right to distribute, furnish or sell electricity to retail customers within the
Village.
L. "Consortium" shall mean the North Shore Electricity Aggregation Consortium.
M. "Default Tariff Rate" is defined as the sum of the monthly applicable published (i) Purchased Electricity Charge, (ii)
PJM Transmission Services Charge, and (iii) Purchased Electricity Adjustment Chare for residential customers served
under the ICC approved tariff known as ComEd's Rate BES (Basic Electric Service).
N. "Default Tariff Service" shall mean supply service from ComEd at the Default Tariff Rate, as such rate may change
from time to time.
O. "Effective Date" is defined in the first paragraph on the first page of this Agreement.
P. "Electric Utility" shall mean Commonwealth Edison, as the entity that has a franchise, license, permit or right to
distribute, furnish or sell electricity to retail customers within the Consortium.
Q. "Eligible Retail Customer" shall mean a residential and small commercial retail customer of the Electric Utility eligible
for participation in the Aggregation Program under the ICC tariff known as ComEd's Rate GAP as defined in Exhibit E
R. "Extended Agreement Term" is defined in Section 3.A of this Agreement.
S. "Force Majeure Event" is defined in Section 6.0 of this Agreement.
T. "ICC" shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2-101.
U. "Load" shall mean the total electric energy usage required to serve the residential and small commercial Aggregation
Members in the Aggregation Program.
V. "Meter Read Cycle End Date" is defined as the last day of a ComEd electricity meter read cycle.
W. "Meter Read Cycle Start Date" is defined as the first day of a ComEd electricity meter read cycle.
X. "Opt -Out" shall mean the process by which an Eligible Retail Customer who would be included in the Aggregation
Program chooses not to participate in the Aggregation Program, and therefore does not become an Aggregation
Member.
Y. "Participating Customer" means an Eligible Customer that either does not Opt -Out or that later opts in pursuant to
Section 5.6.2.b-d.
Z. "PIPP" shall mean a Percentage of Income Payment Plan created by the Emergency Assistance Act, 305 ILCS 20-18, to
provide a bill payment assistance program for low-income residential customers as indicated on the ComEd list of
accounts.
AA. "PJM" shall mean the PJM Interconnection, a regional transmission organization that coordinates the movement of
wholesale electricity in all or parts of 13 states and the District of Columbia, including the Commonwealth Edison
service territory.
BB. "Plan of Operation and Governance" shall mean the Aggregation Plan of Operation and Governance adopted by the
Village pursuant to the requirements set forth in Section 1-92 of the Act, a copy of which is attached to this Agreement
as Exhibit F.
CC. "REC" shall mean Renewable Energy Credits certifiable under the Green-e° National Standard.
DD. "Regulatory Event" is defined in Section 6.B of this Agreement.
EE. "Services" is defined in Article 5 of this Agreement.
FF. "Small Commercial Retail Customer" shall mean a retail customer that annually consumes 15,000 kilowatt-hours or
less of electricity; provided, however, that the definition of Small Commercial Retail Customer shall include such other
definition or description as may become required by law or tariff.
GG. "Terms and Conditions" is defined in Section 5.13.3 of this Agreement.
ARTICLE 3: TERM
A. Term of Agreement. This Agreement is for an initial term beginning on the Effective Date of this Agreement and
ending on the date that is the last Meter Read Cycle End Date for Aggregation Members for October 2024 (the "Initial
Agreement Term"), unless terminated early pursuant to Article 6 of this Agreement. The Village and the Vendor may
extend the Initial Agreement Term for additional periods of time up to 24 months for each extension, by written agreement
approved and executed by each of them (each an "Extended Agreement Term") (the applicable Initial Agreement Term or
Extended Agreement Term is the "Agreement Term"). Nothing in this Article related to the Initial Agreement Term or the
possibility of agreement to an Extended Agreement Term may be construed or applied in any manner to create any
expectation that any right or authority related to this Agreement granted by the Village to the Vendor shall continue
beyond the Initial Agreement Term or an approved Extended Agreement Term.
ARTICLE 4: PROGRAM RESPONSIBILITIES
A. City Responsibilities.
Customer Information. Vendor and the Village shall cooperate to obtain the Customer Information from ComEd,
subject to the limitations on disclosure of the Customer Information established at law, including without
limitation the Act, Section 16-122 of the Public Utilities Act, 220 ILCS 5/16-102, and Section 2HH of the Consumer
Fraud and Deceptive Business Practices Act, 815 ILCS 505/2HH. The Village agrees to request the Customer
Information from ComEd not less than twice in each 12-month rolling period within the Agreement Term. The
Vendor agrees to reimburse the Village for all costs incurred by the Village pursuant to this Section 4.A.1, in
accordance with Section 5.F of this Agreement.
2. Notices from ComEd. The Village shall promptly forward to the Vendor any notices received by the
Village from ComEd concerning the accounts of Aggregation Members.
No City Obligations to Provide Services. The parties acknowledge and agree that the Village is not responsible
to provide, and this Agreement shall not be construed to create any responsibility for the City to provide, the
Services to any person or entity, including without limitation the Vendor, ComEd, or any Aggregation Member.
4. No City Financial Responsibility. The parties acknowledge and agree that this Agreement does not impose or
create, and shall not be construed to create, any financial obligation of the Village to any other person or entity,
including without limitation Vendor, ComEd, or any Aggregation Member.
B. Vendor Obligations.
1. Provision of Services. The Vendor shall provide all of the Services described in Article 5 of this Agreement
throughout the Agreement Term. The Vendor acknowledges and agrees that the Village is not responsible to
provide and shall not be liable to the Vendor or any Aggregation Member for any failure to provide, any Services
pursuant to this Agreement.
2. Compliance with Applicable Law. Vendor shall comply with all applicable law in providing the Services pursuant
to this Agreement.
3. Compliance with Plan of Operation and Governance. The Vendor shall provide all services required under this
Agreement in accordance and compliance with the Plan of Operation and Governance adopted by, and as may
be amended by, the City. In the event of a conflict between the Plan of Operation and Governance and this
Agreement, the Plan of Operation and Governance shall control, unless otherwise expressly stated and agreed
to by the Parties within the Agreement including appendixes thereto.
ARTICLE 5: VENDOR SERVICES
The Vendor shall supply all of the following services in support of the Program (collectively, the "Services"):
A. Electricity Supply.
1. Electricity Supply. Vendor shall provide electricity supply sufficient to serve the Load of each Aggregation
Member account for which it is ultimately contracted to serve.
a. Transmission. Vendor shall acquire, and pay for, all necessary transmission services to serve the Load of
each Aggregation Member, including, without limitation, all electric energy costs, PJM congestion charges,
PJM capacity charges, PJM network transaction charges, distribution losses, and transmission losses.
b. Billing. Vendor shall make all arrangements to ensure that Aggregation Members continue to receive a
single monthly bill from ComEd. Additionally, Vendor shall ensure that the following fees continue to be
collected and processed by ComEd: monthly payments, late payments, delivery charges and monthly service
fee.
c. Data. Vendor shall maintain a comprehensive and confidential database recording historical account
information for Member accounts, and maintain a current list of enrolled accounts, accounts that have
opted -out of the Aggregation Program, and accounts that have been added to the Aggregation Program.
2. REC Supply. Vendor shall be capable of providing RECs to the Village as set forth in Exhibit E — REC Purchase
Program (Special Services).
3. Delivery Specifications
a. Quality and Measurement. Vendor warrants that all electricity sold and delivered shall be of the specifications
required by PJM and ComEd and suitable for delivery to and use by the Members.
b. Title. Vendor warrants that it possesses or will possess good marketable title to all electricity sold to the
Members, and that such electricity is free from all liens and adverse claims. Specifically, and without limitation
of the foregoing, Vendor warrants title up to the delivery point, as identified in Section 5.A.3.c of this
Agreement. Title to and risk of loss for the electricity sold hereunder shall pass to the purchasing Member upon
delivery at such delivery points.
c. Delivery. Vendor shall cause all electricity supplied under this Agreement to be delivered to the ComEd
distribution system to secure delivery to the Aggregation Members.
B. Program Implementation.
1. Member Service. Vendor shall maintain certain minimum levels of customer service including:
a. Program Management and Documentation. Vendor shall follow its standard operating procedures
governing Member education, Opt -Out notification, customer inquiries, and public outreach regarding the
Aggregation Program, as set forth in Exhibit C attached hereto.
b. Confidentiality. Vendor shall maintain the confidentiality of customer information pursuant to Article 10
of this Agreement and as required by law.
c. Customer Service. Vendor shall assist Aggregation Members with their inquiries. Concerns regarding
service reliability should be directed to ComEd, billing questions should be directed to ComEd or the selected,
and any unresolved disputes should be directed to the ICC. Inquiries from Aggregation Members should be
managed within the following performance parameters:
5
i. Telephone Inquiries. Vendor shall maintain a toll -free telephone access line which shall be available to
Aggregation Members 24 hours a day, seven days a week. Trained company representatives shall be
available to respond to customer telephone inquiries during normal business hours. After normal
business hours, the access line may be answered by a service or an automated response system,
including an answering machine. Inquiries received after normal business hours shall be responded
to by a trained company representative on the next business day. Under normal operating
conditions, telephone answer times by a customer representative, including wait time, shall not
exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer
time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time
under normal operating conditions, measured on a quarterly basis.
ii. Internet and Electronic Mail. Vendor shall establish and maintain an opt in portal for the
Aggregation Members. The portal shall provide basic information concerning the Aggregation
program. A specific email address will be available to facilitate customer inquiries. Responses to
inquiries submitted to the email address shall be generated within 24 hours. The MC2 website
includes, "price -to -compare" rates which Aggregation Members may compare the estimated total
price (including energy supply, capacity, transmission, and ancillary service costs) available to them.
iii. Multi -Lingual Services. Vendor shall provide customer service for Members requiring non-English
verbal and written assistance.
iv. Hearing Impaired. Vendor shall provide customer service for hearing impaired Members.
2. Enrollments. Vendor shall perform the following Aggregation account enrollment tasks:
a. Opt -Out Notifications. In accordance with Exhibit E of this Agreement, the Vendor shall commence and
manage the Opt -Out Notification process under the supervision of the Village and the Consultant, in
accordance and compliance with the Plan of Operation and Governance. A single database shall track account
enrollment and billing data.
b. New Accounts. Vendor shall facilitate the addition of new customer accounts to the Aggregation Program
during the term of this Agreement. The Village and the Vendor shall cooperate in good faith to identify,
not less than once per calendar quarter, potential new customers who have established new electricity service
through the Electric Utility in the Village during the preceding calendar quarter, and to inform such potential
new customers of the availability of the Aggregation Program. Vendor shall also develop and provide an on-
line portal to facilitate the addition of new customer accounts for such potential new customers. Vendor shall
pay all costs of mailings sent to such potential new customers, and all costs of the internet enrollment
platform, in support of the requirements set forth in this Section 5.6.2.b.
c. Re -Joining the Aggregation Group. Vendor shall assist Aggregation Members that have Opted Out to rejoin at
a later date as allowed under ComEd's tariffs and policies on customer enrollment and Section 16-115E of
the Public Utilities Act.
d. Moving Within the City and Maintaining the Same Account Number. Vendor shall continue service at the
same rate and under the same terms and conditions for any Member who relocates within the Village prior
to the expiration of the term of this Agreement, providing that the Member notifies the Vendor of its desire
to do so with 30 days' notice.
e. Percentage of Income Payment Plan (PIPP). (Reserved).
f. Credit/Deposit Requirements. Collection and credit procedures are to be the responsibility of ComEd, the
Vendor, and the individual Member. Members will be required to comply with the payment terms of ComEd
and/or the Vendor. The Village is not responsible for late payment or non-payment of any Member account.
6
Neither the Village nor the Vendor shall have a separate credit or deposit policy concerning Member
accounts.
g. Reliability of Power Supply. The Parties acknowledge that the Program only affects pricing for the
generation source of power. ComEd will continue to deliver power through its transmission and distribution
systems. Responsibility for maintaining system reliability continues to rest with ComEd. If Members have
service reliability problems, they should contact ComEd for repairs. The ICC has established "Minimum
Reliability Standards" for all utilities operating distribution systems in Illinois. Member outages, duration of
outages, interruptions, etc., are monitored to ensure reliability remains at satisfactory levels. In addition to
maintaining the "wires" system, ComEd is required to be the "Provider of Last Resort," meaning that should
the Vendor fail for any reason to deliver any or all of the electricity needed to serve the Members' needs,
ComEd will immediately provide any supplemental electricity to the Members as may be required. ComEd
would then bill the Vendorforthe power provided on their behalf, and the Members would incur no additional
cost therefor.
h. Fees Imposition. Neither the Village nor Vendor shall impose any conditions, terms, fees, or charges on any
Member served by the Program unless the particular term, condition, fee, or charge is clearly disclosed to the
Member at the time the Members chose not to opt -out of the Program.
i. Enrollment and Disenrollment Charges. Vendor shall not assess any fees on Aggregation Members.
j. Form Documents. Examples of the opt -out letter and uniform disclosure form to be prepared and provided
by Vendor are provided in Exhibit B to this Agreement.
3. Terms of Service. The terms of service between each Member and Vendor shall be set forth in the agreement
between them, substantially in the form attached hereto as Exhibit A ("Terms and Conditions").
C. Program Monitoring. Vendor is responsible for the faithful performance of this Agreement and shall have internal
monitoring procedures and processes to ensure compliance, as more fully described in this Section 5.C.
1. Recording. Vendor shall assist the Village in developing a performance scorecard with conditions, milestones,
requirements, or timetables that shall be met before additional steps may be taken or payment is due. The
scorecard may additionally record matters related to price, service, quality and other factors deemed important.
2. Cooperation. Vendor shall cooperate with the Village in monitoring and tracking Program activity. This may
require Vendor to report progress, problems and proposed resolutions, performance records, allow random
inspections of its facilities (upon the provision of not less than 48 hours' advance notice), participate in scheduled
meetings and provide management reports as requested by the City.
D. Cooperation at the Conclusion of the Aggregation. Vendor agrees that it shall cooperate with the Village in the
Village's planning and implementation of an aggregation plan that may succeed the Program under this Agreement.
In its cooperation, Vendor shall, at a minimum, in a manner consistent with the then -applicable Commonwealth
Edison tariff for Government Aggregation Protocols and as required by law, provide the Village the names and
addresses and account information for Aggregation Members in electronic format.
E. Price Under a ComEd price Match Structure. In the event that a ComEd Price Match offer is to be provided by the
Vendor, the pricing and offer to Members will be consistent with the language included in Exhibit E to this Agreement.
F. Reimbursement of City Costs. Within 90 days after the Effective Date of this Agreement, Vendor shall reimburse the
Village for all professional, legal, Consultant, and administrative costs incurred by the Village in connection with the
adoption of the Aggregation Program and the negotiation and execution of this Agreement, provided however that the
maximum reimbursement from Vendor shall not exceed five -thousand dollars ($5,000.00) to Village. In the event that
the Agreement Term is greater than one year, Vendor shall reimburse the Village for all ongoing professional, legal,
Consultant, and administrative costs incurred by the Village in connection with the operation of the Aggregation
7
Program provided however that the maximum reimbursement from Vendor shall not exceed five -thousand dollars to
Village.
ARTICLE 6: DEFAULT AND TERMINATION
A. Default and Termination. Upon termination for any reason, this Power Supply Agreement shall be of no further
force and effect, except for those obligations that survive termination. The obligations of Vendor and each
Aggregation Member set forth in the Terms and Conditions shall survive termination. Notwithstanding the foregoing,
at the Village's discretion, in the event that Vendor materially breaches this Agreement, the Village may: (i) provide
written notice to the Aggregation Members that a default has occurred and the alternatives each participant has for
electric supply (including terminating service with Vendor); and (ii) take such actions as necessary to return the
Aggregation Members to ComEd. In the event that Vendor materially breaches this Agreement and the Village deems
it appropriate to terminate the Program and return the participants to ComEd, or to any other energy supplier, then:
(i) Vendor shall not charge the Aggregation Members for administrative fees associated with early termination, and;
(ii) Vendor shall not be liable to Aggregation Members for any damages or penalties resulting from the Village's
termination of the Terms and Conditions with each Aggregation Member, including claims related to the price
received from ComEd or an alternate supplier being higherthan the Price determined herein. If no early termination
has occurred, this Agreement shall terminate upon the expiration of the Agreement Term.
B. This Agreement may be terminated early in the following circumstances:
1. Non -Compliance. If either Party fails to comply with any material term or condition of this Agreement, provided
the failure continues without a cure 30 days after written Notice of such failure is provided by one Party to the
other.
Material terms and conditions include, but are not limited to:
a. A breach of the confidentiality provisions set forth in Article 10 of this Agreement;
b. Vendor's disqualification as RES due to a lapse or revocation of any required license or certification required
to perform the obligations set forth herein; or
c. Any act or omission that constitutes a deception by affirmative statement or practice, or by omission, fraud
misrepresentation or a bad faith practice, such as attempting to collect a charge other than the approved
rates or other charges set forth in this Agreement or the Terms and Conditions with each Aggregation
Member.
2. Regulatory Event.
a. Definition. The following shall constitute a "Regulatory Event":
1. Illegality. It becomes unlawful for a Party to perform any obligation under this Agreement due to the
adoption of, change in, or change in the interpretation of any applicable law by any judicial or
government authority with competent jurisdiction.
2. Adverse Government Action. A regulatory, legislative or judicial body: (A) requires a material change to
the terms of this Agreement that materially and adversely affects a Party; (B) takes action that adversely
and materially impacts a Party's ability to perform, or requires a delay in the performance of this
Agreement that either Party determines to be unreasonable; or (C) orders a change or modification that
affects the Program such that either Party's obligations hereunder are materially changed, and the
change is not deemed a Force Majeure Event.
b. Occurrence of Regulatory Event. Upon the occurrence of a Regulatory Event, the adversely affected Party
shall give notice to the other Party that such event has occurred. Within 30 days, or such other period as the
Parties may agree in writing, the Parties shall enter into good faith negotiations to amend or replace this
8
Agreement so that the adversely affected Party is restored as nearly as possible to the economic position it
would have been in but for the occurrence of the Regulatory Event. If the Parties are unable to agree upon
an amendment to this Agreement, within the prescribed time after entering into negotiations, the adversely
affected Party shall have the right, upon 10 days priorwritten notice, to terminate this Agreement.
3. Failure to Schedule and Deliver. The failure of Vendor to schedule electricity supply to ComEd for the
Aggregation Members, except as permitted under Force Majeure Events.
C. Force Majeure Events. The Vendor shall not be held in default under, or in noncompliance with, the provisions of
this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default (including termination,
cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused
by a "Force Majeure Event," defined as a strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or
snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or
judicial order or regulation or other event that is reasonably beyond the Vendor's ability to anticipate or control.
Non-compliance or default shall be corrected within a reasonable amount of time after force majeure has ceased.
Non-compliance or default shall be corrected within a reasonable amount of time after force majeure has ceased.
ARTICLE 7: INDEMNIFICATION AND INSURANCE
A. Indemnification. The Vendor shall indemnify and hold harmless the Village, its officers, employees, agents, and
attorneys, from and against any injuries, claims, demands, judgments, damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising in the course of the Vendor's provision of the Services.
This duty shall survive for all claims made or actions filed within one year following either the expiration or earlier
termination of this Agreement. The Village shall give the Vendor timely written notice of its obligation to indemnify
and defend the Village after the Village's receipt of a claim or action pursuant to this Section; Vendor will be given a
reasonable opportunity to select counsel and may do so under a reservation of rights. For purposes of this Section, the
word "timely" shall mean within a time period that does not cause prejudice to the respective positions of the Vendor
and/or the Village. Nothing herein shall be construed to limit the Vendor's duty to indemnify the Village by reference
to the limits of insurance coverage described in this Agreement.
B. Insurance. Contemporaneous with the Vendor's execution of this Agreement, the Vendor shall provide certificates
and policies of insurance, all with coverages and limits acceptable to the Village and evidencing at least the minimum
insurance coverages and limits as set forth in Exhibit D to this Agreement. For good cause shown, the Village Manager
or his or her designee, may extend the time for submission of the required policies of insurance upon such terms, and
with such assurances of complete and prompt performance, as the Village Manager, or his or her designee, may
impose in the exercise of his or her sole discretion. Such certificates and policies shall be in a form acceptable to the
Village and from companies with a general rating of A minus, and a financial size category of Class X or better, in Best's
Insurance Guide; however, in the alternative, the Vendor may provide such certificates and policies from its captive
insurer upon the prior approval of the Village, which approval shall not be unreasonably withheld. Such insurance
policies shall provide that no change, modification in, or cancellation of, any insurance shall become effective until
the expiration of 30 days after written notice thereof shall have been given by the insurance company to the
Village, unless such coverage is replaced by coverage that is equivalent in limits and terms of coverage. The Vendor
shall, at all times during the term of this Agreement, maintain and keep in force, at the Vendor's expense, the
insurance coverages provided above.
ARTICLE 8: MISCELLANEOUS
A. Entire Agreement. This Agreement, including all Exhibits, constitutes the entire Agreement and understanding
between the Parties with respect to the Services. All prior written and verbal agreements and representations with
respect to the Services are merged into and superseded by this Agreement.
B. Amendment. All amendments or modifications to this Agreement shall be made in writing and signed by both Parties
before they become effective.
C. Assignment. This Agreement shall not be transferred or assigned by either Party without the express authorization
of the other Party, which shall not be unreasonably withheld, provided, however, that upon advance written notice
to the Village, Vendor may assign this Agreement to an affiliate without the express authorization of the Village,
provided that Vendor is responsible for any costs to notify Members (if required by law) and remains liable for Vendor's
obligations hereunder.
D. Notices. Any notices, requests or demands regarding the services provided under this Agreement and the
Attachments shall be deemed to be properly given or made (i) if by hand delivery, on the day and at the time on
which delivered to the intended recipient at its address set forth in this Agreement; (ii) if sent by U.S. Postal Service
mail certified or registered mail, postage prepaid, return receipt requested, addressed to the intended recipient at
its address shown below; or (iii) if by Federal Express or other reputable express mail service, on the next business
day after delivery to such express service, addressed to the intended recipient at its address set forth in this
Agreement or (iv) by electronic mail to the address(es) indicated below. The address of a Party to which notices or
other communications shall be mailed may be changed from time to time by giving written notice to the other Party.
Village of Deerfield MC Squared Energy Services, LLC (mcz)
850 Waukegan Road 175 West Jackson Blvd, Suite 240
Deerfield, IL 60015 Chicago, IL 60604
Attn: Kent S. Street, Village Manager Attn: Charles C. Sutton, President
Fax: (877) 281-1279
Elrod Friedman LLP
Wolverine
325 N LaSalle Street, Suite 450
175 West Jackson Blvd, Suite 200
Chicago, IL 60654
Chicago, IL 50504
Attn: Hart Passman
Attn: Jeremiah McGair, Senior Counsel
Fax: (312) 884-3944
Email address:
Email address:
kstreet@deerfield.il.us
ChuckSutton@mc2energyservices.com
E. Waivers. The failure of either Party to insist upon strict performance of such requirements or provisions or to
exercise any right under this Agreement shall not be construed as a waiver or relinquishment of such requirements,
provisions or rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural,
that the Village may have under Federal or state law unless such waiver is expressly stated herein.
F. Applicable Law and Choice of Venue. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Illinois, without regard to principles of conflict of laws. Except as to any matter within
the jurisdiction of the ICC, all judicial actions relating to any interpretation, enforcement, dispute resolution or any
other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois, Lake County, Illinois. Any
matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court
of the Northern District of Illinois.
G. Exhibits. Exhibits A through F attached to this Agreement are, by this reference, incorporated into and made part
of this Agreement.
H. Controlling. Provisions. In the event of any inconsistency between the text of this Agreement and the terms of the
Exhibits hereto, the text of this Agreement shall control.
10
Severability, Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining
provisions or affecting the validity or enforceability of such provision in any other jurisdiction. The non -enforcement
of any provision by either Party shall not constitute a waiver of that provision nor shall it affect the enforceability of
that provision or the remainder of this Agreement.
J. No Third -Party Beneficiaries. Nothing in this Agreement is intended to confer third -party beneficiary status on any
person, individual, corporation or member of the public to enforce the terms of this Agreement.
K. Validity of Agreement. The parties acknowledge and agree in good faith on the validity of the provisions, terms and
conditions of this Agreement, in their entirety, and that the Parties have the power and authority to enter into the
provisions, terms, and conditions of this Agreement.
L. Authority to Sign Agreement. Vendor warrants to the Village that it is authorized to execute, deliver and perform this
Agreement. The individual signing this Agreement on behalf of the Vendor warrants to the Village that he is authorized
to execute this Agreement in the name of the Vendor.
M. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Village and the Vendor and
their respective successors, grantees, lessees, and assigns throughout the Agreement Term.
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall together constitute one instrument.
O. Subcontractors. Vendor agrees to employ only those subcontractors that are necessary and are approved in advance
by the Village. Subcontractors shall be held to the same strict confidentiality standards applicable to the Vendor
and shall be required to otherwise comply with the requirements of this Agreement. The use of subcontractors
whether approved or unapproved shall not relieve the Vendor from the duties, terms and conditions in this
Agreement. For purposes of the provision of Renewable Energy Credits pursuant to this Agreement, regional
transmission organizations, independent system operators, and local utilities are not considered subcontractors.
ARTICLE 9: REPRESENTATIONS AND WARRANTIES
A. Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of the date of this
Agreement, that:
1. It is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation, and
if relevant under such laws, in good standing;
2. It has the corporate, governmental and/or other legal capacity, authority and power to execute, deliver and enter
into this Agreement and any other related documents, and perform its obligations under this Agreement, and has
taken all necessary actions and made all necessary determinations and findings to authorize such execution,
delivery and performance;
3. The execution, delivery and performance of this Agreement does not violate or conflict with any law applicable
to it, any provision of its constitutional documents, any order or judgment of any court or other agency of
government applicable to it or any of its assets or any contractual restriction binding on or affecting it or any of
its assets;
4. It has reviewed and understands this Agreement;
5. It shall comply with all federal, state, and local laws, regulations, licensing, and disclosure requirements.
6. It shall maintain the confidentiality of Aggregation members' account information, as required by 815 ILCS
505/2HH; and
11
7. It shall not impose any conditions, terms, fees, or charges on any Member served by the Program unless the
particular term, condition, fee, or charge is clearly disclosed to the Member at the time the Member enrolls in,
or chooses not to opt out of, the Program.
B. Additional Covenants and Agreements by the Vendor. The Vendor hereby further covenants and agrees Village that:
1. Vendor shall hold any and all subcontractors to the Confidentiality provision set forth below;
2. Vendor shall not compensate the Consultant with respect to the award of this Agreement or the performance of
this Agreement;
3. Vendor shall obtain and maintain, for the duration of this Agreement, such proof of insurance and performance
security as the Village deem necessary;
4. Vendor warrants to all Members and to the Village that Vendor has good marketable title to all electricity sold
hereunder, and that said electricity is free from all liens and diverse claims;
S. Vendor shall deliver or cause to be delivered all electricity supplied by Vendor to each Member to the appropriate
node locations to effect delivery to the delivery points identified in Exhibit E, and future sites yet to be identified;
and
6. Vendor shall maintain all of the qualifications, certifications, approvals, and other authorizations required by law
to provide the Services pursuant to this Agreement.
ARTICLE 10: CONFIDENTIALITY
Vendor shall preserve the confidentiality of the account information it receives as a result of the performance of its
obligations set forth herein.
A. Vendor shall not disclose, use, sell or provide customer account information to any person, firm or entity for a
purpose outside of the operation of the Program, unless otherwise mutually agreed to by the Parties within the
Agreement and permissible under applicable law. This provision shall survive the termination of this Agreement.
B. Notwithstanding the foregoing, Vendor may disclose confidential account information as required by law, and any
such disclosure shall not be a violation of this Agreement. However, such disclosure shall not terminate the
obligations of confidentiality.
C. Vendor agrees to give the Village prompt notice of any discovery request or order, subpoena, or other legal process
requiring disclosure of any confidential account information.
D. Vendor shall provide the Village with sufficient advance notice as to give the Village an opportunity, at the Village's
discretion and sole cost, to seek to quash the subpoena, obtain a protective order or similar relief.
E. Vendor shall furnish only that portion of the confidential account information that is required or necessary in the
opinion of Vendor's legal counsel. In addition, Vendor shall use reasonable efforts to obtain reasonable assurances
that any account information so disclosed will be treated as confidential. All account information shall be returned
to the Village at the conclusion of the Services provided to the Aggregation Program.
F. Notwithstanding the foregoing, nothing herein shall prevent the use by Vendor of such customer account
information for the purpose of communicating with its customers. In addition, nothing herein shall prevent Vendor
from using information in the public domain prior to its disclosure under this Agreement.
[SIGNATURE PAGE FOLLOWS]
12
IN WITNESS WHEREOF, the Parties have duly executed this agreement to be effective on the date 'first written
above. The Parties agree that signatures transmitted by facsimile are acceptable and Finding for execution of this
Aggregation Program Agreement.
MC Squared Energy Services, LLC (mc2)
Signed:
— (&450�—
Name: Charles C- Sutton
Title: President
Bate, --- v IL 1 �j Z[3Z .
SAMANTHA KONVAK
Official Seal
Notary PubUc - State of Hlinois
My Commission Expires Jul 16, Z023
Village of Deerfie!
Signed: �
11
Name: Kent S. Street
Title: Village Manager
Date: Mo a2—
13
EXHIBIT A: VILLAGE OF DEERFIELD MEMBER TERMS AND CONDITIONS - ILLUSTRIATIVE
r2
where energy comes from VILLAGE OF DEERFIELD
CUSTOMER ELECTRIC SUPPLY AGREEMENT
TERMS AND CONDITIONS OF SERVICE
The following Terms and Conditions of Service (Agreement) apply to the provision of electric supply to Customer (or "you") by MC Squared Energy
Services, LLC dlbla mc2 — Where Energy Comes From (mc2).
Legal name
Business address
Service charges for term
Fixed monthly charge if an
Fixed monthly charge terms
Contract and renewal terms
ply Agreement Disclosures
MC Squared Energy Services, LLC (mc2)
175 West Jackson Blvd, Suite 240
Chicago, IL 60604
Variable rate including ComEd Purchased Electricity Charges,
Transmission Charges and ComEd Purchased Electricity Adjustment
for thirty-six ,362: months,
$0.00
N/A
Contract Term — Thirty-six (36) months
Renewal Terms - Unless this Agreement and/or the PSA is terminated
prior to the end of the term of this Agreement and in the event the PSA
is not renewed or extended by the Village of Deerfield, you will be
restored to ComEd bundled service at the end of the term of this
Agreement. If the PSA is renewed or extended by the Village of
Deerfield, you will receive a notice with the proposed specific rate,
terms and conditions and the opportunity to opt -out of the Village's
Aggregation Program.
Termination fee if an $0.00
Deposit/p repayment if an $0.00
Switching fees if an) $0.00 _
Guarantees of Customer Savings If an N/A
You may rescind this contract by notifying mc2 or the utility within ten
(10) calendar days after the utility processes your enrollment. To
Rescission rescind this agreement, contact mc2 at
Norhtshore(a)mc2enera�vservices.com or call
_ 1-XXX-XXX-XXXX; or contact ComEd at 1-800-334-7661.
mc2 is an independent seller of electric power and energy service
certified by the Illinois Commerce Commission. mc2 is not
Supplier disclosure representing, endorsed by, or acting on behalf of a utility or a utility
program, a consumer group or consumer group program. This
Municipal Aggregation Program is endorsed by the Village of Deerfield.
The electric utility remains responsible for the delivery of electric power
Utility Responsibility and energy to a customer's premises and will continue to respond to
any service calls and emergencies. You will receive written notification
from the electric utility confirming a switch of flour electricity supplier.
Utility Price Disclosure Statement
Contact Information
(Toll free phone numbers)
MC Squared Energy Services, LLC (mc2) is not the same entity as your
electric delivery company. You are not required to enroll with mc2. As
of July 2021, the electric supply price to compare to is currently 7.197
cents per kWh. The electric utility electric supply price will expire on
September 2021. The utility electric supply price to compare does not
include the purchased electricity adjustment factor. The purchased
electricity adjustment factor may range between +.5 cents and -.5 cents
per kilowatt hour. For more information, go to the Illinois Commerce
Commission's free website at www.pluginillinois.org.
1 The electric supply price to compare is for residential customers. Electric supply
price to compare for other rate classes (in cents per kWh) that are currently applicable
include: Watt-hour Non -Electric Space Heating 7.228; Demand Non -Electric Space
Heating 7.264; Nonresidential Electric Space Heating 7.071; Dusk to Dawn Lighting
4.019; General Lighting 7.078.
MC Squared Energy 1-855-697-0286
Utility ComEd 1-800-334-7661
ICC Consumer Services Division 1-800-524-0795
Scope of mc2 Service
You appoint mc2 as your exclusive Alternative Retail Energy Supplier (ARES). mc2 agrees to sell and you agree to buy all your electric power and
energy service subject to the terms in this Agreement. You authorize mc2 to obtain all data necessary so that mc2 can enrol your account(s) and
you authorize us to take such actions as necessary and reasonable to perform this Agreement, including accessing and using account information
and meter usage data from the Utility (ComEd), enrolling account(s), procuring supply, scheduling and causing electricity to be delivered to each
account.
Price
For delivery of power to ComEd's distribution facilities on behalf of your Utility account(s), you agree to pay the variable price per kWh, calculated
pursuant to that certain Power Supply Agreement ("PSA") between the Village of Deerfield and mc2 dated July _, 2021. The PSA price through
your October 2024 ComEd meter read date under this Agreement is equal to the monthly ComEd Purchased Electricity Charges, Transmission
Charges and ComEd Purchased Electricity Adjustment per kWh. In addition to mc2 electricity supply charges, ComEd distribution charges and
related taxes will be itemized separately by ComEd in your bill and are not included in the price under this Agreement. You are responsible to pay
ComEd for these charges.
Term
mc2 will commence service on the next available meter read date and continue through the number of monthly billing cycles set forth in the above
Supply Agreement Disclosure of this Agreement. The start date for the Initial Term will be subject to receiving an accepted Delivery Access Service
Request (DASR) from the Utility for Customer's Utility account. The Initial Term and any Renewal Term are collectively referred to herein as the
"Term".
Billing and Payment
The cost of your power and energy from mc2 will be included on your Utility bill for each billing cycle and will be based on Utility meter reads or
estimates from the Utility. You agree that the Utility may provide us with your payment information and that you accept the Utility's measurements
for determining the amount you owe mc2 for power and energy under this Agreement. You must remit payment to the Utility under their terms and
at the address provided by the Utility.
Renewal
Unless this Agreement and/or the PSA is terminated prior to the end of the term of this Agreement and in the event the PSA is not renewed or
extended by the Village of Deerfield, you will be restored to ComEd bundled service at the end of the term of this Agreement. If the PSA is renewed
or extended by the Village of Deerfield, you will receive a notice with the proposed specific rate, terms and conditions and the opportunity to opt -
out of the Village's Aggregation Program.
CANCELLATIONS MAY BE SENT ELECTRONICALLY TO: Norhtshorepmc2enerQyservices.com
OR MAY BE MAILED TO:
MC Squared Energy Services, LLC - mc2
175 West Jackson Blvd., Suite 240
Chicago, IL 60604
Fax: 1-877- 281-1279 OR CAN BE CALLED IN TO: 1-855-697-0286
Termination
In addition to any other remedies mc2 may have, this Agreement may be terminated by mc2 upon 30-day notice to customer if we return your
service to ComEd per the PSA, you move outside the Village of Deerfield area, you cease to be a ComEd customer or become ineligible for
ComEd's Consolidated Billing. You may terminate this Agreement within 10 days after you receive your first bill under this Agreement from ComEd
by notifying us at 1-1-855-697-0286. There is NO Termination Fee if you terminate the MC Squared Agreement prior to the end of the applicable
term. If you terminate your agreement early, you will be obligated to pay for services rendered under the contract until service is terminated.
Adverse Material Change
This Agreement may be revised at any time by mc2 in the event of the occurrence of an event beyond mc2 reasonable control that materially alters
the obligations of mc2 in performance of this Agreement. In such circumstances, mc2 will notify you and offer you a revised price and terms. If you
do not accept the revised price and terms within 30 days, mc2 may terminate this Agreement.
Community Solar
Definitions: The following definitions from external sources are incorporated by reference.
• "Community Solar," or "CS," is a type of net metering that is available to customers pursuant to Section 16-107.5(I) of the Public Utilities Act
[220 ILCS 51 and ComEd Rider POGCS [ILL C.C. No. 10, Sheet 344].
• "Subscriber" and "Subscription" are defined in Section 1-10 of the Illinois Power Agency Act [20 ILCS 3855]; "Subscriber" shall also incorporate
the definition of "CS Subscriber" from ComEd Rider POGCS.
• "CS Beneficiary" is defined in ComEd Rider POGCS.
• "Energy Supply Rate" is defined below and is intended to reflect an estimate of mc2 costs to serve the Customer net of capacity, transmission,
and other costs.
Community Solar Arranged by Customer Independent of Supplier. To the extent that Customer is granted Subscriber or Beneficiary status
by their utility with a CS project that Supplier did not arrange, the credit from Supplier to Customer pursuant to Section 16-107.5(I)(2) of the Public
Utilities Act (e.g., the Energy Supply Rate) shall be no higher than $0.02/kWh, unless otherwise specified in the Confirmation attached hereto.
Customer need not take further action with mc2 to effectuate such a subscription or other interest. Customer acknowledges that mc2 will provide
credits to the customer based on information provided by the utility to the Regional Transmission Organization/RTO and/or mc2. Customer agrees
to indemnify and hold harmless mc2 for any errors made by the utility or Regional Transmission Organization/RTO in providing or communicating
relevant credits and information to mc2.
Notices
Except as otherwise set forth in this Agreement or required by applicable law, notices to be provided under this Agreement shall be by U.S. Mail
to the mailing address provided or electronic to the email address if provided.
Limitations of Liabilities
LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT AND ACTUAL DAMAGES
AS THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES EXPRESSLY WAIVED. NEITHER PARTY WILL BE
LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES. MC2S
LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE.
Miscellaneous Provisions Waiver
A waiver by either Party of any breach of the Agreement, or failure of either Party to enforce any of the terms and provisions of the Agreement,
will not in any way affect, limit or waive that Party's right to subsequently enforce and compel strict compliance with the same or other terms or
provisions of the Agreement.
Assignment
Neither Party may assign the Agreement, in whole nor in part, without the other Party's prior written consent, but neither party may unreasonably
withhold consent. However, mc2 may assign the Agreement to another ARES without Customer's prior consent but that ARES shall agree in writing
to be bound by this Agreement.
Force Majeure
If either Party is unable to perform its obligations, in whole or in part, due to an event of Force Majeure as defined herein, then the obligations of
the affected Party (other than the obligations to pay any amounts due prior to the Force Majeure event) shall be suspended to the extent made
necessary by such event. The term Force Majeure shall mean any act or event that is beyond the claiming Party's control (and which is not
reasonably anticipated and prevented through the use of reasonable measures) including, without limitation, the failure of the Utility to receive,
transport or deliver or otherwise perform, unless due to the failure of the Party claiming Force Majeure to perform such Party's obligations
hereunder, and an event of Force Majeure of mc2 suppliers. The Party suffering the event of Force Majeure shall give written notice of such event
of Force Majeure in reasonably full to the other Party, as soon as reasonably possible. Each Party shall make reasonable efforts to remedy Force
Majeure as soon as possible. Force Majeure shall not include (i) the opportunity for mc2 to sell the electricity to be sold under this Agreement to
another party at a higher price than that set forth in the Agreement, (ii) the opportunity for Customer to purchase the electricity (or its Accounts
from another party) at a lower price than that set forth in the Agreement, or (iii) the inability of either Party to pay its bills under the Agreement or
any other of its bills.
Entire Agreement Amendments
This Agreement constitutes the entire understanding between the Parties, and supersedes and replaces all previous understandings, oral or
written, in any matter relating to this Agreement. This Agreement may be amended only upon agreement of the Parties and will only be effective
if the amendment is in writing and executed by the Parties.
Emergency, Outage and Wire Service
In the event of an emergency, outage or service need, Customer must call the Utility at the emergency number indicated on the Utility invoice:1-
800-EDISON1 (1-800-334-7661).
Customer Care
Customer may contact mc2 for Customer Care if Customer has specific comments or questions by calling mes toll -free telephone number at 1-
855-697-0286 between the hours of 8AM and 5PM Central Prevailing Time (CPT), faxing mc2 at 1-877-281-1279, emailing me at
Northshore(dmc2energyservices.com or mailing to the business address. The Illinois Commerce Commission can also be reached at 1-800-524-
0795, TTY at (800) 858-9277 and their website address is http://www.icc.illinois.gov/.
Dispute Resolution
In the event of a dispute between you and mc2, you and mc2 both agree to (1) raise any claim that could be brought at the Illinois Commerce
Commission ("Commission") at the Commission, and (2) in the event of a dispute at the Commission, agree to voluntary binding arbitration pursuant
to the Commission's Rules.
EXHIBIT B: OPT -OUT LETTER AND UNIFORM DISCLOSURE FORM
OPT OUT LETTER - ILLUSTRIATIVE
Month XX, 2021
[Customer Mailing Information]
RE: North Shore Electricity Aggregation Consortium Aggregation Program
ComEd Service Address: [Customer premise address]
ELECTRIC AGGREGATION PROGRAM NOTICE
Dear Resident or Small Business Owner:
The North Shore Electricity Aggregation Consortium (the Consortium) is a purchase group formed by the Villages of Deerfield,
Glencoe, Lake Bluff, Northbrook and Skokie and the Cities of Highland Park and Lake Forest. The Consortium has decided to resume
their Electric Aggregation program. Chicago -based MC Squared Energy Services, LLC (mcz), was recently selected in a competitive
bid process to serve the Consortium with electric supply through October 2024, [including a Civic Contribution annually to the
Consortium that may be used to purchase Renewable Energy Certificates (RECs)]. mcz will provide eligible residents and small
businesses with an electric supply price equal to the ComEd monthly publishing tariff supply rate during the 36-month term
beginning with the October 2021 ComEd meter read cycle.
PRIMARY BENEFIT OF PROGRAM
By participating in the Consortiums municipal aggregation program, you will help the North Shore communities support [insert
North Shore Consortium Goals]. The Consortium is proud to achieve this goal at NO increased cost to its residents or small
businesses.
YOU WILL BE AUTOMATICALLY ENROLLED IN THIS PROGRAM UNLESS YOU OPT -OUT
• You are still a ComEd customer for electricity delivery and metering purposes at your home or business.
• You will pay ComEd in the same manner as you currently do. There is no change in billing under the Consortium's Electric
Aggregation program.
• Under this program, your electric rate will be the same as the monthly ComEd published tariff rate. Electric supply from
MC Squared Energy Services, LLC does not cost more than the ComEd published tariff supply rate.
• ComEd continues to be responsible for the wires, poles, and all emergencies, including outage restoration.
• There is no enrollment, switching or early termination fees under the Consortium's Electric Aggregation program.
You are not required to do anything to participate in the Electric Aggregation Program. mcz will automatically process your
enrollment. You will pay the same rate as the published monthly ComEd tariff supply rate. There are no enrollment fees or early
termination fees. This electric aggregation program is not part of the North Shore Community Solar Program.
Opt Out Option:
You have twenty-one (21) days from the date of this notice to opt out of the program by calling 855-697-0286, Monday through
Friday, 8 am to 5 pm, or returning the enclosed postage -prepaid card by Month XX, 2021. Due to recent US Postal Service delays,
consider calling toll -free XXX-XXX-XXXX or emailing Northshore@mc2energyservices.com to opt out of the program. Please note
that you may opt -out at any time during the term of the program at no cost or penalty to you.
If you do not opt out of the Consortium's Electric Aggregation Program, you will be deemed to have authorized and agreed to your
enrollment in the electric aggregation program, and to have your electric service with mcz under the enclosed Terms and
Conditions and the Uniform Disclosure Statement. For information on the ComEd tariff rate, please visit www.pluginillinois.org,
the Illinois Commerce Commission website for free consumer information. You may purchase electric supply from other Retail
Electricity Suppliers or ComEd. For a complete list of your options, visit plusinillinois.org. You may request a list of all supply
options available in a format allowing comparison of price and product from the Illinois Power Agency free of charge at
www.iIlinois.p,ov/ipa/Pages/Feedback Form.aspx.
For more information, email Northshore@mc2enerpyservices.com or call 855-697-0286, Monday through Friday, 8 a.m. to 5 p.m.
Please note: any solicitor who comes to your door or calls asking you to switch to a new supplier is not associated with the
Consortium's Electric Aggregation Program, mc2 or ComEd. MC Squared Energy Services, LLC (mc2) is the only vendor endorse by
the consortium.
Sincerely,
North Shore Consortium
Enclosures
UNIFORM DISCLOSURE STATEMENT - ILLUSTRIATIVE
UNIFORM DISCLOSURE STATEMENT
Name: MC Squared Energy Services, LLC (mc2)
Address: 175 West Jackson Blvd, Suite 240 Chicago, IL 60604
Phone: 1-877-622-7697
Price (in cents/kWh) and number of months
this price stays in effect:
Other monthly charges: _
Total price (in cents/kWh) with other monthly
charges: _
Length of contract:
Price after the initial price:
Early termination fee:
Contract renewal:
Rescission:
Cancellation:
Variable rate equal to the ComEd published
Purchased Electricity Charges, Transmission
Service Charges and Purchased Electricity
Adjustment for each applicable month for a
Thy -six (36) month term.
None _
N/A
36 months
Variable. Refer to contract.
$0.00
No Automatic Renewal
You have a right to rescind (stop) your
enrollment within 10 days after your utility has
received your order to switch suppliers. You
may call us at 1-855-697-0286or your utility at
1-800-334-7661 to accomplish this.
You also have the right to terminate the
contract without any termination fee or penalty
if you contact us at 1-855-697-0286within 10
business days after the date of your first bill
with charges from MC Squared Energy
Services.
This is a sales solicitation and the seller is MC Squared Energy Services, an independent retail
electricity supplier. If you enter in a contract with the seller, you will be changing your retail electric
supplier. The seller is not endorsed by, representing, or acting on behalf of, a utility or utility program, a
governmental body or a governmental program, or a consumer group or a consumer group program.
If you have any concerns or questions about this sales solicitation, you may contact the Illinois
Commerce Commission's Consumer Services Division at 1-800-524-0795. For information about the
electric supply price of your electric utility and offers from other retail electric suppliers, please visit
Plug lnlllinois.org.
Historical prices for the past 12 months and current pricing is available on our website at
www.mc2energyservices.com/IL/HistoricalPricinqPTC/P or you can call 1-877-622-7697.
EXHIBIT C: PROGRAM MANAGEMENT AND DOCUMENTATION
MUNICIPAL AGGREGATION
HANDBOOK
FOR ILLINOIS - COMED
FOR
MC SQUARED ENERGY SERVICES
Updated on
March 2021
CHAPTER 1 - On -Boarding Process
OPT OUT PROCESS:
TIMELINE
Timelines will begin with the contract execution date and include the due dates for the following:
Mailing material due dates for customer lists including account numbers, letter content, Terms and Conditions
(T&C), Uniform Disclosure Statement (UDS), and Outer Envelope (OE) approval.
Mail drop — 10 business days minimum from date all final materials are sent to the printer.
Opt Out due date — 21 calendar days after mailing.
Mailing allotment — 3 business days.
Enrollment —allow 3 days min for internal processing.
Start flow — 18 calendar days from enrollment DASR to ComEd.
First meter read date.
First billing date.
Opt In customer information deletion (45 days after mailing)
Out Out customer information deletion (30 days after exit or Opt Out of the program)
Refer to ComEd meter cycle calendar for each community's corresponding month's meter read dates. Note that the
timeline is a guideline and will contain the latest date for enrollment for the contract start date.
Each community will be assigned a coordinator that will track, modify and alert any significant changes in the timeline to all
respective parties.
SYSTEM SET UP
Each community or consortium will receive a dedicated toll -free number. The number will be provided by Hansen
Technologies for mc2. The Marketing Department works with IT on website development (if applicable) and the customer
service email address for each community or consortium. An internal distribution list for each community email address is
identified. The new community information will be tracked and communicated to the entire team and outside vendors
supporting the program.
WEBSITE CREATION AND MAINTENCE
Unless otherwise specified, all community aggregation programs will have an electricity aggregation website hosted by mcz
for enrollment purposes. The Marketing Department develops the content and coordinates the "look and feel" of the
website. A test site is created for development, testing and internal approvals. Following appropriate approvals, the
Marketing Department coordinates the website deployment with IT. The timing for the website deployment corresponds
to the Opt Out letter mail drop date. The website is secure and uses a standard 256 RSA encryption algorithm.
All electricity aggregation websites include but not limited to the following:
1. Town logo
2. Price and term information
3. Product descriptions (Options)
4. Contact phone and email information
5. Applicable information to Opt In to the program
6. Links to Utility pricing
7. Links to T&C, LIDS and LOA
8. Personalized FAQs (IF required)
9. Other product options and Opt In enrollment page (as required)
10. Electricity 101 — Simple explanation of electricity deregulation
11. Ways to Save — Available energy saving programs
12. Resources — Informational links
ICC DISCLOSURE
The required information per Part 470 Sections 470.200(1) to (6) will be provided to the Illinois Commerce Commission
within 3 days after the Opt Out Mailing by mcZ.
MAILING (MCZ mailing)
Part 470 rules only apply for MC' mailing.
If the community does the Opt Out mailing, mcZ will provide the Terms and Conditions and LIDS that meets the Part 470
requirements. In cases where the community handles the mailing, the community will provide proof of such mailing
including the mcZ T&C and UDS by a signed statement.
Mailing Preparation
Each new community mailing needs a written cost estimate quote from the mailing vendor for approval prior to starting
the mailing process. The quote needs to be approved by management prior to work starting. Postage fee should be paid
prior to the mailing drop.
Materials needed for the mailing:
1. Town logo — high resolution or art file
2. Outer Envelope (OE) PDF
3. Signature block - electronic (if applicable)
4. Name and title of person signing (if applicable)
5. All versions of the letter copy
a. Opt Out letter — those customers that will automatically enroll unless they opt out
b. ComEd Notice letter —those with ComEd supply staying with ComEd
c. ComEd Drop letter — those that are with mcZ supply that will be returned to ComEd supply
d. RES Supply Opt In letter — Those with another supplier outside of the muni agg
e. Net metering customers — those with net metering with supplier or ComEd with specific required
language
f. Hourly customers — those with hourly pricing with required language
6. Terms & Conditions
7. Uniform Disclosure Statement
8. FAQ's (if applicable)
9. Prepaid postage Business Reply Cards (BRC)
10. ComEd customer list (less than 30 days old)
Mailing Item Details:
1. Items 1-4 from above list are needed at the time of the community contract signing.
2. Order letterhead and OE in quantities for the entire mailing.
3. The letter will meet of the Part 470 rules including 21 days opt out period and disclaimers.
4. The UDS will be 2 pages maximum at 12-point font.
5. The T&C will contain the required chart with 12-point font
6. Outer Envelope town name and logo (where applicable)
7. Outer envelopes may contain Hansen return address or the Town's address for proper undelivered mail
processing.
8. Outer envelopes will contain the statement "Important Electricity Aggregation Information Enclosed
9. Outer envelope and reply cards need unique barcodes to represent each customer.
10. The reply card will contain pre -paid postage and pre-printed with customer address.
11. The bar codes will be scanned for reply card and undelivered mail tracking at Hansen.
12. All mailings will be sent first class.
Community must approve Outer Envelope and Letterhead templates prior to copy typeset and printing. All approved
letters and contents should be sent to the mailing house at a minimum of 10 business days prior to mailing. Mailing
house will provide final documents with content typeset for community for approval prior to mailing.
Letter Content Creation and Approval
mc2 will provide sample letters for the following group of recipients.
Opt Out letter: A letter created to send to any active residents or small commercial accounts that are
with ComEd supply service or the town's prior municipal aggregation program that are not Hourly, Free
Service, Net Metering, or Pending or On RES service that are not a prior municipal aggregation supplier
for the town.
Opt In letter(s): There are 5 types of Opt In letters. 1) Any customers identified by ComEd as Pending or
On RES service with another supplier, not part of the municipal aggregation, 2) Any customers on Hourly
service and 3) Any customers on Net Metering service 4) Any customers that are staying with ComEd
but wants to Opt In 5) Any customers that are being returned to ComEd from prior municipal
aggregation program that wants to Opt In.
In addition to the main letters, mc2 will create the Terms and Conditions, Uniform Disclosure Statement, and the reply card
for towns for edits and comments. Per the terms of the agreement, mc2 can also provide samples of press releases,
newsletters, and FAQs for consideration by the community. mc2 ensures the final versions of the letters with addresses are
approved by the towns and properly follow all approval emails and modification requests. The final electronic version of
the mailing from the printer will be stored on the mc2 share drive in both Word Doc and pdf form.
Final mailing contents will be provided to the town for their files and websites.
The Opt Out Letter(s) will follow the applicable Part 470 Section 470.240 of IL Public Utilities Rules Title 83, and SB 651
requirements including but not limited to:
1. Full name, address, toll free phone, email and calling hours.
2. Price, term and conditions of product and services.
3. Early Termination fee information
4. Renewal information
5. Current utility pricing information
6. Historical pricing information for variable prices
7. Plug In Illinois availability and information.
8. Method of Opt Out and Opt Out due date.
9. Applicable disclosures about Opt Out
Various Opt In Letters will contain the following:
1. Full name, address, toll free phone, email and calling hours.
2. Language regarding the municipality offering such a program and details of the program including price,
term and conditions of product and services.
3. Required statements from applicable rules including the statement "This notice is informational only.
Your electric utility has informed us that you are currently served or have chosen to be served by a
competitive retail electric supplier. If you want to continue to serve from your chosen supplier, you do
not need to take any additional action. Consult your contract or contact your chosen supplier for further
details if you have questions about your contract, including whether you have a cancellation fee for
early termination."
4. For Net Metering customers: Per Section 470.210 b)10) include the following sentence: "Net metering
customers, pursuant to Section 16-107.5(d)(3) and (e)(3) of the IL Public Utilities Act, may forfeit credits
for electric supply service and delivery service, or both, if they switch to the Aggregation supplier".
5. For Hourly customers: "you may be denied his/her/its request to join the Aggregation program based on
the terms and conditions of the electric utility's applicable hourly service tariff. Potential savings
depend on the customer's actual hourly use patterns that savings may vary".
6. Information on how to Opt In.
CUSTOMER LISTS
Lists from ComEd:
The community must request and arrange with ComEd for the delivery of the usage and customer lists. See ComEd's
website at www.comed.com/muniag for applicable forms and fees. ComEd will send the usage data and customer lists to
the community - mc' cannot receive the customer list directly from ComEd. Once the requested data has been received,
the usage data is provided to the mc2 pricing and supply team. The customer list is formatted and scrubbed for mailing and
system update. The list will be separated by customer's eligibility. The list is will contain the following rows:
➢ ComEd's Unique Cross Reference Number
➢ Customer Account Number
➢ Premise Address
➢ Minimum Stay Date
➢ Space Heat Indicator
➢ Free Service Indicator
➢ Taxing City County
➢ Hourly
➢ Rate
➢ Net Metering
➢ AC Cycling
➢ Tariff Rate Nm
➢ Delivery Service Code (DSC)
➢ Delivery Service Name
➢ Customer Name
➢ Mailing Address
➢ Mailing City
➢ Mailing State
➢ Mailing Zip Code
➢ PIPP
➢ Meter Cycle number
➢ Real Time of Use indictor
➢ Peak Times Savings Indicator
➢ Account Activation date
➢ Current Account Status
➢ Municipal Response
List from Different Supplier: If the community is with another supplier for the muni agg program and wishes
to transfer all the customers to mcZ, the community must request the customer information from their current supplier.
The list must include the following at minimum:
1 Customer Name (Last, first or business name)
2 Account number
3 Mailing address — street, city, state & zip
4 Status — Active or Inactive (any lists without this indication will assume status of active)
5 Type of customer — Residential or Commercial
6 Custom PI -Cs
7 Aggregated usage data
8 If available, the following:
a. Phone number
b. Email address
The following questions need to be answered by prior supplier:
1 Confirmation of the contract end date (month, meter cycles and year)
2 Is there an early termination fee?
3 Will the supplier continue to accept new customers into the Muni Agg until the end date of the program?
a. If so, until which date?
b. If so, will the supplier provide a refresh of the customer list closer to the end of the contract?
c. Was there any renewal information sent to the customers?
Once the customer list is obtained and depending on the answers to the questions above, the list needs to be managed
accordingly.
For All Lists:
The following tasks will be done:
1. Create a Unique Code for mcz using the ComEd unique codes to each customer and the town's referral code
2. Sort all customers by the letter type they will receive
a. Take out Free Service
b. Identify Pending ARES
c. Identify With ARES
d. Identify Hourly Rates
e. Identify Net Metering
f. Identify RTOU
g. Identify Rate 93
h. Identify customers returning to ComEd (if applicable)
i. Identify customers staying on ComEd (if applicable)
j. Identify DO NOT MARKET customers
k. Identify Key Accounts
For NEW MOVES only:
(Periodically, throughout the term of the Municipal Aggregation program, mc' and the municipality will agree to send Opt
Out mailing to new residents or businesses ComEd accounts in the municipality since the last Opt Out mailing. This group
of customers, we are calling "New Moves Opt Out")
1. Take out all those that are on the list above
2. Take out all those that received prior Opt Out Mailings (match on ComEd Unique ID)
3. Take out any tracked as "DO NOT SOLICIT" internally
4. Send the eligible customer list to mail house for GEO coding and address corrections.
5. Receive and update all forwarding address corrections from the mail house.
6. Combine customer list with full status to send to Hansen for customer service support. Must be in applicable
format.
7. Hansen loads into the system for Customer Service reference and reply card tracking.
After the Opt Out period is finished, the following tasks will be done:
1. Receive final Opt Out customers list from Hansen.
2. Identify and remove Do Not Solicited and Opt Out (Include Undeliverable Mailing) from the ComEd list.
ENROLLMENT (more specific details in Chapter 3 below)
All customers remaining on the list after all the opt outs and undelivered are taken out will be processed for enrollment as
follows:
1. Determine the contracted start month and appropriate meter cycle numbers for the start month provided the 18
days enrollment rule.
2. Adjust the format into system template to process the enrollment.
3. Audit enrollments in internal and Hansen systems for accuracy and start dates
4. Identify any enrollment rejections and reject reasons after ComEd response
5. Mail rejection notification letters to those customers where the enrollment was rejected with an appropriate
reason code and next recommended actions
6. Remaining accepted customer will be notified by ComEd of their status change with effective dates
7. Notify prior town's municipal aggregation supplier (if applicable) of the enrollment actions and provide enough days
for the prior supplier to process any applicable drops.
LIST MAINTENANCE
Per Part 470 Rules, the municipal aggregation customer list will only be used for Municipal Aggregation and not for any
other purposes unless approved by the municipality.
ComEd lists will be maintained using the follow guidelines:
1. Upon receiving the ComEd list, the list will be separated by eligible and ineligible customers for the Opt Out
program.
2. Ineligible Opt Out customers will be: Hourly, Pending RES, With RES, Net metering and Free Service.
3. Eligible Opt Out customers will be: All others
4. The Ineligible Opt Out customer list will be separated by following:
a. Eligible Opt In customers: With RES or Pending RES, Hourly and Net Metering
b. Ineligible Opt In Customers: Free Service
5. The Eligible Opt In customer lists will be processed separately for the Opt In mailings. Within 45 days of the
date of the Opt In mailings, the Opt In customer lists will be deleted.
6. The Ineligible Opt In customer's information will also be deleted at the time of the Eligible Opt In customer's
information is being deleted.
7. Once the Opt Out period is over, Hansen will track and provide lists of customers that have either Opt Out or
had the Opt Out mailing Undelivered.
8. All customer information of the Eligible Opt Out customers who chose to Opt Out by phone, email or by Opt
Out card will be deleted.
9. All customer information of the Eligible Opt Out customers whose mailing was returned undelivered will be
deleted.
10. In the event when the customer leaves the Municipal Aggregation program or when mcZ is no longer serving
the Municipality, all customer lists will be deleted after 30 days. However, per Section 412.180 (a) mcZ will
retain for 2 year or for the length of the contract, whichever is longer, a verifiable proof of authorization to
change supplier for each customer served.
11. If the customer has Opt In via TPV, the customer's records will be kept according to the applicable rules for
TPV.
12. Communication to IT for deleting of the data and timing will be done by the Municipal Aggregation Manager.
Only information on the accounts with an EDI transaction record for the purposes of mcZ serving them under the
Municipality Aggregation will be accessible in any systems.
OPT IN PROCESS:
Customers on the municipal aggregation Customer list from ComEd that are identified as Ineligible for Opt Out will be
verified to be Eligible for the Opt In letter. The Eligible Opt In customers will be sent an Opt In letter. These customers'
information will NOT be sent to customer service center. They are instructed to call in or visit the website to Opt In to the
program.
OPT IN LETTERS
(Identified above in this document)
Per the Part 470 rule, mcZ will send a letter to those customers that are with another RES or pending enrollment with
another RES (not with mcZ or the community's municipal aggregation).
The letter will explain the municipal aggregation. The letter will request that customers receiving the Opt In letters must
take affirmatively action to join the Municipal Aggregation program. The letter will contain specific required language for
each group of eligible customers.
The Opt In letter can be sent once during the term of the aggregation. mcZ may send additional Opt In letters at the
beginning of a new term for the Municipal Aggregation Program.
Web Opt In:
All municipalities will have a website portal for Opt Ins to the program as a new customer or Opt In to the program. The
website address will be communicated to the village(s) and in all the mailings.
1. Enter Promo code for the town
2. Enter the service address zip code
3. Select the product (if options are available)
4. Enter customer information for enrollment
The full Terms and Conditions, Utility Pricing Disclosure, LOA and UDS are posted on the website for customer's
acknowledgement.
Note: Small Commercial accounts will not be able to enroll through the website. Need to call in to verify the eligibility for
the Muni Agg program (less than 15,000 kWh).
Mail Opt In:
To better accommodate those without access to websites, Mail Opt In will be available for all customers. These steps will
be taken for the Opt In by Mail:
1. Customer will contact the call center to request an Opt In by mail
2. Call center will capture the customer information and forward to admin
3. Admin will mail all appropriate material and request signature back on the T&C and LOA
4. Customer can return the signed document to mc' office
5. MC' will enroll the customer through an appropriate portal
6. Once customer's account is accepted or rejected by the utility, mc2 will send out appropriate documents to
the customer in the mail within 3 business days of the enrollment acceptance
7. Any customer that has requested mailing to Opt In will not be dropped back to the utility to avoid the 6
months stay rule
CHAPTER 2 - Customer Service: Tracking
Process and Support
CUSTOMER SERVICE f CALL CENTER
mcz's inbound call center contains dedicated reps and shared reps. The call center reps will be trained as to each
community's specific program requirements. They will be provided with sample letters, T&C, LIDS, Eligible Opt Out
customer lists.
CUSTOMER SERVICE OPT OUT TRACKING
The customer service will perform tracking all phone opt out and mail opt out requests. Customer service will also track
any undelivered mail.
During the Opt Out Period:
1. Once the program starts, they will track the following:
a. Phone Opt Out Notices — Any Opt Out requests from inbound calls will be noted in the database by
the word "OUT" under the column header "Municipal Response", and listed as "OUT - PHONE"
under the column header "MC2DROPREASON"
b. Opt Out Postcards - All mailings are delivered and scanned with a 2D barcode that will be connected
to a unique identifying number developed and provided by mcZ—these will need to be marked on
the database by the word "OUT" under the column header "Municipal Response", and listed as "OPT
OUT -LETTER" under the column header "MC2DROPREASON"
c. Undelivered Letters — All undelivered mailing will be scanned with the same 2D barcode that is listed
on the postcard (see #2) and will be noted in the database by the word "UNDELIVERABLE" under the
column header "Municipal Response". Undelivered letters will be considered as an Opt Out notice
from the customer.
2. For all communities, Hansen will supply 2 status reports. In both instances, Hansen will submit a final Opt
Out report at the end of the Opt Out period based on the information tracked in the database. The report
will need to provide the total number of each of the items (OUT, UNDELIVERABLE, DNC) listed under the
column "Municipal Response". The report will be a summary of both the Residential and Small Commercial
accounts.
3. Do Not Contact — Customers who call into the Care Center and ask to be removed from the contact lists will
need to be noted in the database under the column "Municipal Response" as "OUT", and under the column
"MC2DROPREASON" as "OUT-DNC".
After the Oi)t Out Period:
(Opt Out Requests or Undelivered Mail received AFTER the Opt Out period):
1. mc'will allow and process any Opt Out requests that are made past the official Opt Out period.
2. Hansen will receive any Post Opt Out requests.
3. Hansen will check to see if the account is already in the system.
4. If the account is in the system, Hansen rep will request a drop DASR.
5. If the account is NOT in the system or cannot locate the account number on the request, Hansen will update
the Post Opt Out tracking sheet.
6. The post Opt Out tracking sheet is sent to mcz.
7. mcz will search for the account number on the ComEd Account Number sheet.
8. mcz will either remove from the enrollment process OR request an Enrollment Rescind OR Drop Request to
Hansen depending on timing.
For Returned Undelivered Mail (At Hansen):
1. If received after the Opt Out period, the same process as steps 1 to 7 are followed unless the customer has
already started.
2. If customer has already started, a 2nd notice is sent to verify the address.
3. The account will continue the program unless notified by the customer to avoid the customer being on
ComEd's minimum stay rule.
4. Once enrolled, all customer will also receive a Change of Supplier letter from the utility with MC2 phone
number to call to Opt Out.
5. Once the address is verified, customer is given an option to Opt Out or stay in the program. This is to
prevent removing the customer from the program and further customer service issues since they will not be
able to return to mcz for 6 months (ComEd "Stay" rule).
For Returned Undelivered Mail (At Town):
Some Towns or Villages wish to have their address on the OE return mail. In such case, we instruct the them to do the
following:
1. The Village will complete the Undeliverable tracking to include any mailing received on the last day of the
Opt Out due date (for Example, if due date is 1/21, include any mailing received on 1/21)
2. The Village will send electronically the undelivered mailing tracking sheet to MC Squared
(EKang@mc2enerp,yservices.com) as soon as applicable after the opt out due date.
3. The tracking sheet shall include the following information:
a. Customer Unique Code (10 — 11-digit number appearing top of customer name in small fonts)
b. Customer Name
c. Customer Address
4. The Village will also put all the tracked mailing in the mail to MC Squared:
MC Squared Energy Services
Attn: Esther Kang
175 West Jackson Blvd., Suite 240
Chicago, IL 60604
5. After the initial Opt Out due date, the village can scan and email as a PDF doc any additional undelivered
mail to ekang@mc2energyservices.com
6. If scanning into PDF is unavailable, send the customer info of the undelivered mail via email to MC Squared.
Then, put the mail into USPS for delivery.
After the Undelivered Tracked information is received, mcz will process the drop/enrollment rescind quickly
within 1 business day.
EMAIL INQUIRIES:
If a customer sends inquiries via email, internal support will provide a written response back to the customer within 24
hours. All emails and complete correspondences are stored in the shared drive. Standard email response templates for
the email correspondences are created and saved in the shared drive.
CUSTOMER SUPPORT ISSUES/ESCALATION:
In addition to daily contact with the customer support call center manager, mcZ manages any Customer Services items in
the following methods:
1. Work Flow Gen: Hansen Rep will create in the system a WFG which will be sent to appropriate personnel to
follow up and respond. This is tracked and dated through the system in an automated way to ensure timely
completion
2. Weekly Managers Meeting: A weekly meeting is held with call center managers, trainers and IT support to
ensure any trending issues are addressed and staffing management can be discussed
3. Operation: A weekly meeting for operational personnel is held to discuss system interface, new product
development, reporting requests and other operational enhancement and items
4. Training: Overall training by mcZ staff is held directly with the agents as needed to discuss new products,
large regulation changes and any other significant changes to the programs offered
CHAPTER 3 - Enrollments and Reports
ENROLLMENTS:
Once the Opt Out period is over, mc2 will provide to IT customer account numbers for enrollment. This account list will
only contain those customers that are to Eligible Opt Out who have not Opted Out during the Opt Out period and whose
Opt Out mailing have not returned Undelivered.
The Eligible Opt Out list will then follow the process below:
1. Scrub against any late Opt Outs received after the deadline.
2. Pull the ComEd "powerpath" for latest customer information on all enrollments.
3. Create a workflow to uploads all applicable accounts into system.
4. A file is generated each day at 2:00 to send to Hansen for enrollment.
5. Enrollments sent to ComEd via EDI transactions each day at 4:00PM.
6. If the enrollment was via TPV Opt In, and is accepted, a confirmation packet including the contract Terms
and Conditions and the Uniform Disclosure Statement will be sent within 3 days of enrollment by mail.
7. Process all rejections using rejection handling process.
ENROLLMENT REJECTIONS
ComEd may reject an enrollment depending on several criteria:
1. Inactive — account is no longer active.
2. Invalid account — account number is not valid.
3. Not First In — account is already enrolled with another supplier waiting to start flow.
4. Not Eligible — a) account is not eligible for the muni agg program (most often the account is a commercial
account over 15,000 kWh annual usage) or b. Not able to come back to the same supplier within 6 months
or c). Account will be finalled at the next meter cycle.
Rejected Accounts Notification:
Once an account is identified as rejected, mcz will take the following steps:
1. The towns and appropriate brokers, if applicable, are notified of the enrollment results and anticipated start date
of the program for most residents.
2. All rejected enrollments are sent a notification in the mail of the reject and reason.
3. If the account has been rejected due to an invalid account number, a representative will contact the
customer to reconcile the error. If the customer cannot be reached by phone, a rejection letter will be sent
advising the customer to contact mc2.
REPORTS:
Various reports are generated as by required by the call center, TPV center and internal systems.
1. Hansen (Call Center) Reports:
o Opt -out reports from the database during and after each Opt Out period (Opt Out Report).
o Current customer care calls reports that are posted to the Portal (Customer Care Reports).
o Current enrollment reports that are posted to the Portal (Current Enrollment reports).
o Drop reports that are posted to the Portal (Current Drop reports).
o Enrollment rejection report
o This is in addition to the basic call center reporting rules per Part 410 Section 410.45 a).
2. mcZ DCS Reports (FOR INTERNAL USE ONLY whenever applicable):
o Daily Customer Activity report
o Green Power Enrollment report
o Customer Savings report
o Summary Customer Activity report
o Renewal report
o EDI Processing report
o Web enrollment report
The reports will be generated and communicated to the towns as applicable on various agreed upon increments according
to the Agreement and requests from each community.
CHAPTER 4 -RENEWALS/PRICE NOTIFICATION
RENEWAL:
mc2 is responsible for adhering to the renewal process that may differ depending on the individual Municipality's renewal
clause and the customer's T&C.
NEW OPT OUT PROCESS
Many municipal aggregation program's renewal process will call for brand new Opt Out mailing to be sent to existing
customers.
1. Request through the town a new ComEd customer list for the most recent mailing address.
2. Once the list is received, identify those customers currently in the program and update the mailing address.
3. Once the list is updated, follow the Opt Out mailing process in Chapter 1 of the Handbook to mail the new
Opt Out mailing.
4. Identify Eligible Opt In customers — those who have never received an Opt In letter for the Municipal
Aggregation in the past.
5. Once the Eligible Opt In customers are identified, follow the Opt In mailing process in Chapter 1 of this
Handbook to mail the new Opt In mailing.
6. Communicate mailing and price change timing to the municipality and call centers
7. Update all documentation for the call centers and the websites (if applicable) to reflect the new price and
Opt Out requirements.
8. After the Opt Out period is over, create a new contract in the system for those customers who have not
Opted Out.
9. Follow the List Management rules for record keeping and archiving.
PRICE NOTICES:
RENEWAL PRICE NOTICE PROCESS
Municipal aggregations program's renewal process requires price and term change notification without the formal Opt Out
process notification.
1. Send for new ComEd customer list for the most recent mailing address.
2. Once the list is received, identify those customers currently in the program and update the mailing address.
3. Once the list is updated, generate the new price and term for the customer.
4. Create a new contract in the system to represent the new term and price.
5. Follow internal organic customer renewal process to notify customers of the new price and term.
6. The mailing will include:
a. Cover letter
b. Terms and Conditions
c. Side by Side Comparison
d. Utility Price Disclosure
e. Renewal Disclosure
f. If applicable — Environment Disclosure
7. The letter renewal packet will be followed by a Renewal Email or 2°d letter or Post Card if email is not
available
PRICE NOTIFICATION PROCESS
mc2 will send a price notification to any municipality customers that has a Price Change clause in the original terms and
conditions duriny, the term of the original contract.
(The price notification is not a full Opt Out notice and does not provide an opportunity for customers to leave the program.
Thus, if the program has applicable early termination fee, the fee will be applicable to those that terminate during this
time. It is simply a notification that the price will change within a certain timeframe. This process is not for notification of
any cost pass -through negotiated with the municipality prior to the program start i.e. Regulatory cost changes)
1. Send for a new ComEd customer list for the most recent mailing address.
2. Once the list is received, identify those customers currently in the program and update the mailing address.
3. Once the list is updated, generate the new price and term for the customer.
4. Update the price of the contract in the system to represent the new price.
5. Follow the Opt Out mailing process for letter review by all the parties.
6. Mail notifications by due date.
7. Communicate mailing time to the municipality and call centers.
8. Update all documentation and the Muni website (if applicable) to reflect the new price and Opt Out
requirements.
CHAPTER 5 - Continuing Support
CONTINUING MUNICIPAL SUPPORT
Once the communities are in the program, in addition to continued customer service, all or a selection of the following
services will be offered to the towns.
1. New Moves flyer: A ready- made mail piece that can be printed and inserted into the town's Welcome
Packet for the new move in residents.
2. New Moves Opt Out Mailing: Another Opt Out mailing can be mailed to new residents of the town
when the original mailing list is at least 6 months old.
3. Participation of a pre -planned community event to promote the mcz Programs.
4. As requested, a program summary presented to the city's chosen audience.
5. A monthly savings analysis using actual billed volumes in aggregate if applicable
6. A monthly/quarterly customer usage report in aggregate
7. Customer service reports for pre -determined and agreed upon information
8. Regulatory updates and reports as needed.
Individual customer usage report and newsletters —sent to those customers with available email only.
EXHIBIT D: INSURANCE REQUIREMENTS
A. Worker's Compensation and Employer's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$500,000 injury -per occurrence
$500,000 disease -per employee
$500,000 disease -policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not
less than $1,000,000 for vehicles owned, non -owned, or rented.
All employees shall be included as insureds.
C. Comprehensive General Liability
a. with coverage written on an "occurrence" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on an "occurrence" basis.
Coverages shall include:
Broad Form Property Damage Endorsement
Blanket Contractual Liability (shall expressly cover the indemnity provisions of the Contract)
b. with coverage written on a "claims made" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on a "claims made" basis.
Coverages shall include:
Broad Form Property Damage Endorsement
Blanket Contractual Liability (shall expressly cover the indemnity provisions of the Contract)
D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 in the
aggregate and covering Vendor against all sums that Vendor may be obligated to pay on account of any liability arising out of
the Contract.
E. Umbrella Policy. The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or
umbrella policy shall provide excess coverage over underlying insurance on a following -form basis such that when any loss
covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective
to cover such loss.
F. Village as Additional Insured. Village shall be named as an Additional Insured on all policies except for: Worker's
Compensation
Professional Liability
Each such additional Insured endorsement shall identify Village as follows: Village of Deerfield, including its Board members
and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives.
G. Other Parties as Additional Insureds. In addition to Village, the following parties shall be named as additional insured on the
following policies:
Additional Insured Policy or Policies
EXHIBIT E: COMED PRICE MATCH OPTION
Eligible Customers
Eligible Customers means residential and small commercial electricity customers within the Aggregation
Area who are eligible to participate in the Program pursuant to the Aggregation Act and other
requirements of law, including but not limited to 83 III. Admin. Code Part 470 and ComEd Rate GAP.
Eligible Customers may be further classified as recipients of Electricity Supply from Vendor pursuant to
Section 5.A.1 of the Agreement or Default Tariff Service and by such standards as mutually agreed to by
Vendor and Village and as carried out by Vendor.
Except as otherwise required by the Act or other requirements of law, Eligible Customers that may receive Opt -
Out notices includes all residential and Small Commercial Customers within the Aggregation Area excluding: (1)
customers served by an ARES other than Vendor (other than the immediately previous ARES supplying Village's
Aggregation Program), including pending "with RES" status as reported by ComEd; (2) customers served under
ComEd's Rate BESH, Rate RTOUPP, or Rider RRTP supply service; and (3) customers enrolled in a net metering
program other than a Participating Customer. Subject to enrollment or switching limitations with their current
retail suppliers or vendors or applicable law, any residential or Small Commercial Customer may opt in pursuant
to Section 5.13.2.b-d of the Agreement.
Eligible Customers in the initial and subsequent opt -out cycles or that opt in pursuant to Section 5.B.2.b-d
of the Agreement will be placed on Electricity Supply service from Vendor or Default Tariff Service based
on Vendor's criteria and discretion including the customer's usage patterns and wholesale market
conditions as determined by the Vendor. Eligible Customers will be assessed the same Customer Class
Price and will continue to receive monthly invoice statements from ComEd without regard to whether
they are served by Vendor or on Default Tariff Service.
Eligible Customer Class Price:
Variable rate equal to the ComEd published Default Tariff Rate including the sum of the Purchased
Electricity Charges (PEC), PJM Transmission Service Charges (TSC) and the Purchased Electricity
Adjustment (PEA) for each applicable month for the Term of the Agreement.
On an annual basis, mc2will have the right to review the list of accounts served and if necessary, return
accounts taking service from mc2 back to ComEd Default Tariff Services.
Customers on Default Tariff Service will receive supply service from ComEd pursuant to the terms of ComEd
Rate BES.
Termination Fee for Withdrawing Customers:
No Early Termination Fee - $0.00 (Zero) per utility account.
Agreement Term: Thirty-six 36 Months with three 3 annualized periods each being twelve 12 months
(subject to additional Extended Agreement Terms)
Year 1 = October 2021— October 2022 (12) months
Year 2 = October 2022 — October 2023 (12) months
Year 3 = October 2023 — October 2024 (12) months
CIVIC GRANT AND REC PURCHASE PROGRAM (SPECIAL SERVICES)
Civic Grant Contribution:
Vendor agrees to provide an annual Net Civic Grant Contribution payment equal to the
greater of (i) $60,000 minus the costs of RECs procured by Retail Electric Supplier under the REC
Purchase Program identified below and (ii) $0.00 to the Village for the Agreement Term within ninety
(90) calendar days after the conclusion of each annualized period of the Agreement Term.
Notwithstanding the preceding, if the Agreement is terminated pursuant to Section 6.A by either Party
during the Agreement Term, Vendor shall be obligated to provide a Net Prorated Civic Grant Contribution
payment to Village within ninety (90) days of the last month of electricity delivery prior to termination.
The Net Prorated Civic Grant Contribution shall be calculated as follows:
NPCGC = (CGC x PM/TM) - RECC
Where:
• NPCGC is the Net Prorated Civic Grant Contribution
• CGC is $60,000 based on each annualized period
• PM is the number of months from the beginning of the annualized period within the Agreement
Term through and including the last month of the annualized period with deliveries by Retail
Electric Supplier prior to termination
• TM is the total number of months in the annualized period within the Agreement Term
• RECC is the total costs incurred and documented by Retail Electric Supplier under the REC Purchase
Program during that terminated Agreement Term
Notwithstanding any other provision in this Agreement, Vendor may terminate in its sole discretion, or
mutually agree with Village to adjust, the Civic Grant Contribution payment to the Village if the number
of accounts that Vendor is serving or anticipated to serve under this agreement falls below 25% of the
total number of accounts reported by ComEd pursuant to Rate GAP, because it would not be financially
viable for Vendor to continue funding below such number. On an annual basis, Supplier will have the
right to review the list of accounts served and if necessary, return accounts taking service from Supplier
back to ComEd Default Tariff Services.
REC Purchase Program [Special Serviced:
At the sole direction of Village, Vendor will acquire and retire voluntary Green-E° Certified Renewable
Energy Certificates (RECs) on behalf of the Village that meet the sustainability goals and objectives of
Village including but not limited to Wind and Solar generation RECs. Vendor shall from time to time and
upon reasonable request by Village provide Village with information on the prevailing market -based
rates for the RECs by generation type, location and vintage on at least a quarterly basis or as requested
by Village at any time during the Agreement Term. Prior to Vendor purchasing any RECs on behalf of
Village from REC providers identified by Vendor or a REC provider introduced to Vendor by Village,
Village will provide a written request (via email) to Vendor authorizing each REC purchase transaction.
Such authorization shall document Village's request to acquire the RECs. Vendor will provide written
confirmation (via email) of each REC purchase and will provide documentation of the actual invoices and
costs paid by Vendor to acquire the RECs from third -party REC providers. Vendor shall provide such REC
acquisition services herein with no additional fees to the REC cost.
The funds to acquire any authorized REC purchases on behalf of Village during the Agreement Term will
be deducted from the Civic Grant Contribution amount identified above. In no case shall Vendor be
obligated to purchase RECs during an Agreement Term that, in aggregate, would exceed the Civic Grant
Contribution amount identified above. To the extent that Village does not request or authorize any REC
purchases during the Agreement Term, Vendor shall provide the Civic Grant Contribution payment as
outlined above.
Community Solar Program:
Notwithstanding anything to the contrary in the POG or Agreement, Vendor and Village may continue to
market and sell community solar subscriptions to residents within Village's limits, including Eligible
Customers, to the extent mutually agreed by Vendor and Village prior to the Effective Date of this
Agreement. In addition, during the Agreement Term, Vendor and Village may choose to add, expand, or
otherwise modify a community solar program. In any event, nothing in this agreement prevents Vendor
from contacting or responding to a contact from a resident of Village regarding community solar or
enrolling such customer on the customer's request.
Exhibit F - Plan of Governance
Village of Deerfield
Electricity Aggregation Program
Plan of Operation & Governance
January 19, 2021
TABLE OF CONTENTS
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION............................................................................1
11. DEFINITIONS...........................................................................................................................................2
III. ROLE OF THE CONSORTIUM...................................................................................................................4
IV. ROLE OF THE VILLAGE............................................................................................................................4
V. ROLE OF THE AGGREGATION CONSULTANT.............................................................................................S
VI. POWER SUPPLY AGREEMENT.................................................................................................................6
VII. PRICING...............................................................................................................................................8
VIII. IMPLEMENTATION PROCEDURES.........................................................................................................8
IX. ADDITIONAL SERVICE TERMS AND CONDITIONS...................................................................................13
X. INFORMATION AND COMPLAINT NUMBERS..........................................................................................13
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION
Pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92, the Village of Deerfield is
authorized to aggregate the electric loads of small commercial and residential customers located within its
municipal boundaries (herein referred to as "municipal aggregation"). As part of the municipal aggregation, the
Village of Deerfield may select a retail electric supplier and enter into a service agreement to facilitate the
purchase of electricity and related services and equipment on behalf of its residents and small businesses.
Additionally, the Act also states:
The corporate authorities or county board may also exercise such authority jointly with any other
municipality or county. Two or more municipalities or counties, or a combination of both, may
initiate a process jointly to authorize aggregation by a majority vote of each particular
municipality or county as required by this Section.
The municipalities of Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook, Park Ridge, and
Skokie, voluntarily and through a formal Intergovernmental Agreement, have formed the "North Shore
Electricity Aggregation Consortium" ("Consortium") to facilitate their cooperation to obtain advantageous
electricity supply arrangements for their respective residents and small businesses. The Consortium seeks to
collectively aggregate the retail electric loads of eligible residents and small commercial retail accounts and to
solicit bids for the purchase of that electricity. The Village, as a member of the Consortium, has solicited bids
seeking various pricing options, contract terms, and options for increased volumes of renewable energy. With
an estimated 90,000 eligible electric accounts, the Consortium has the potential to attract rates that are
competitive with default tariff service rates for its residents and small businesses, while also acquiring a cleaner
portfolio of power supply.
In accordance with the Act, on December 5, 2011, the Village approved Resolution No. 11-14, authorizing the
placement of a referendum on the March 20, 2012 ballot, seeking authority to create an opt -out municipal
aggregation program for its residents and small business customers. Voters approved the municipal aggregation
referendum at the March 20, 2012 primary election. Record of the authorizing votes for the referendum is
included in Attachment A to this Plan of Operation and Governance.
Prior to the passage of the referendum, the Consortium retained the services of a Consultant to assist with
planning and implementing the Program, bidding and selecting the electricity supplier, and advising Consortium
participating municipalities on public outreach and education related to municipal aggregation.
Residential and small commercial retail customers often lack the resources to conduct due diligence and
negotiate favorable terms with alternate retail electric suppliers on their own. The Program not only provides
these services, but provides the bargaining power achieved through the size of the Consortium. The municipal
aggregation program is designed to create public benefits that do not increase the amount that residents and
small businesses pay for electric energy power. Examples of these benefits may include: reduced electricity
supply rates for customers, additional revenue for municipal programs that support energy efficiency and
sustainability, and increased utilization of renewable energy in meeting the retail electric needs of Consortium
communities.
Neither the Consortium nor its participants will buy or resell power. Rather, the Consortium has competitively
bid, and will negotiate, a contract with a competent and licensed alternative retail electric supplier (ARES) on
Illinois Community Choice Aggregation Network 1
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
behalf of the Consortium participants to provide electric supply at contracted rates to residents and small
businesses in each Consortium community. The ARES shall provide accurate and understandable pricing and
facilitate opt -out notifications. The ARES will also perform ancillary services for the Consortium participants as
described in this Plan.
Because the Village adopted an opt -out aggregation program, all eligible customers located within the Village
will participate in the Program unless they affirmatively elect to opt out of the Program. By identifying the
procedures by which customers may opt -out of the Program, the Village ensures that participation is voluntary
and individuals have the ability to decline to participate.
As required by law, this Plan of Operation and Governance describes the Village plan for:
1) Providing universal access to all applicable residential customers and equitable treatment of
applicable residential customers;
2) Providing demand management and energy efficiency services to each class of customers; and
3) Meeting any other legal requirements concerning aggregated electric service.
Consortium participants conducted a public outreach campaign to educate Consortium residents and small
businesses about the Program, and to gather input regarding their preferences for the development of this
Aggregation Plan of Operation and Governance. Outreach efforts included public meetings, two statutorily -
required public hearings, press releases, and discussions with organizations and residents with a background in
energy matters.
The Village, the Consultant, and the selected ARES will follow the Plan of Operation and Governance set forth in
this document. Amendments to this Plan of Operation and Governance may be adopted in accordance with the
Act at the option of the Village.
II. DEFINITIONS
In order to clarify certain terminology, the following terms shall have the meanings set forth below:
"Act" shall refer to the Illinois Power Agency Act, 20 ILCS 3855/1-1 et seq.
"Aggregation" or "Municipal Aggregation" shall mean the pooling of residential and small commercial retail
electrical loads located within the municipality for the purpose of soliciting bids and entering into service
agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment,
all in accordance with Section 1-92 of the Act.
"Aggregation Consultant" or "Consultant" shall refer to any independent consultant with demonstrated
expertise in electric supply contracting that is retained by the Village or the Consortium to assist with the
implementation of the Program.
"Aggregation Member" or "Member" shall mean a residential or small commercial retail electric account
enrolled in the Village Municipal Aggregation Program.
"Aggregation Program" or "Program" shall mean the program established by the Village to provide residential
and small commercial members in the Village with retail electric supply, as described in this Plan.
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
"Alternative Retail Electric Supplier" or "ARES" shall mean an entity certified by the ICC to offer electric power
or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages
in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without
limitation, resellers, aggregators and power marketers, but shall not include the Electric Utility or the
Aggregation Members. For purposes of this Plan, the definition of Alternative Retail Electric Supplier is more
completely set forth in 220 ILCS 5/16-102.
"Ancillary Services" shall mean the necessary services that shall be provided in the generation and delivery of
electricity. As defined by the Federal Energy Regulatory Commission, "Ancillary Services" include, without
limitation: coordination and scheduling services (load following, energy imbalance service, control of
transmission congestion); automatic generation control (load frequency control and the economic dispatch of
plants); contractual agreements (loss compensation service); and support of system integrity and security
(reactive power, or spinning and operating reserves).
"Village" shall mean the Village of Deerfield.
"Commonwealth Edison" or "ComEd" shall mean the Commonwealth Edison Utility Company as the entity that
has a franchise, license, permit or right to distribute, furnish or sell electricity to retail customers within the
Consortium municipalities.
"Consortium" shall mean the North Shore Electricity Aggregation Consortium.
"Default Tariff Service" shall mean the electricity supply services available to eligible retail customers of the
Electric Utility.
"Electric Utility" shall mean Commonwealth Edison, as the entity that has a franchise, license, permit or right to
distribute, furnish or sell electricity to retail customers within the Village.
"Eligible Retail Customer" shall mean a residential and small commercial retail customer of the Utility.
"ICC" shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2-101.
"IPA" shall mean the Illinois Power Agency.
"Joint Power Supply Bid" shall mean the single procurement process utilized by the Consortium on behalf of its
participating municipalities to solicit price and service offers from certified Alternative Retail Electric Suppliers.
"Load" shall mean the total demand for electric energy required to serve the Village residential and small
commercial customers in the Aggregation Program.
"Opt -Out" shall mean the process by which a Member who would be included in the Program chooses not to
participate in the Program.
"Opt -Out Notice" shall mean the notice delivered to each Member by the ARES, identifying the procedures and
protocols for the Member to opt out of, and choose not to participate in, the Program.
Illinois Community Choice Aggregation Network 3
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
"PIPP" shall mean a Percentage of Income Payment Plan created by the Emergency Assistance Act, 305 ILCS 20-
18, to provide a bill payment assistance program for low-income residential customers.
"PJM" shall mean the PJM Interconnection, a regional transmission organization that coordinates the movement
of wholesale electricity in all or parts of 13 states and the District of Columbia including the Commonwealth
Edison service territory.
"Plan" shall mean this Aggregation Plan of Operation and Governance.
"Power Supply Agreement" shall mean the contract between the Village and the Alternative Retail Electric
Supplier.
"REC" shall mean Renewable Energy Credits certified in a manner consistent with the requirements of the Illinois
Renewable Portfolio Standard.
"Retail Customer Identification Information" shall mean the retail customer information supplied by the Electric
Utility to the ARES in connection with the implementation of the Aggregation Program.
"Small Commercial Retail Customer" shall mean a retail customer that consumes 15,000 kilowatt-hours or less
of electricity; provided, however, that the definition of Small Commercial Retail Customer shall include such
other definition or description as may become required by law or tariff.
ROLE OF THE CONSORTIUM
A. The Consortium, with the assistance of the Consultant, has conducted a Joint Power Supply Bid, utilizing the
agreed -to technical specifications, bidder requirements, bidding processes, and contract documents, to
select a single Alternative Retail Electric Supplier (ARES). The Consortium has evaluated the bids received
and has recommended a single Alternative Retail Electric Supplier to serve as the electricity supplier to all
participating municipalities in the Consortium.
B. After passage of the referenda within the Consortium participant municipalities, the Consortium, with the
assistance of the Consultant, prepared and submitted to ComEd a warrant, demonstrating the passage of
each Consortium participant's referendum and requesting the identification of retail and small commercial
electric customer account information and generic load profiles for each Consortium participant.
C. After the adoption of this Plan, the corporate authorities of the Village will consider approval of the Power
Supply Agreement with the selected ARES for the provision of electrical power to the Village's Program
pursuant to the Joint Power Supply Bid.
D. After the adoption of this Plan, the Consortium, with the assistance of the Consultant, shall prepare data
requests for each Consortium participant to submit to ComEd seeking the generic account data of residential
and small commercial retail customers for the Consortium participant.
IV. ROLE OF THE VILLAGE
A. The Village shall be responsible for all financial obligations identified in the intergovernmental agreement
establishing the Consortium.
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
B. The Village shall be responsible for issuing all required public notices and conducting all required public
hearings concerning this Plan, and any amendments thereto, in accordance with Section 1-92 of the Act.
C. The Village shall be responsible for providing the Consultant and ARES with resources and publicly available
material to screen out customers who are not located within the municipal boundaries. Those resources
may include any or all of the following: property records, water and/or sewer records, fire and/or police
department address records, 911 address records, street listings, and maps.
D. The Village shall adopt: (1) an ordinance authorizing an opt -out electric aggregation program; and (2) this
Plan of Operation and Governance.
E. The Village may accept or reject the Consortium's selected ARES or Power Supply Agreement. The Village
is under no obligation to enter into any Power Supply Agreement with any ARES and may, in its discretion,
choose to have its aggregation members remain on ComEd's default tariff service, or to re -bid the electric
service under the same or amended terms of this Plan.
F. The Village and Consultant will review the customer list to remove ineligible customers; provided however,
that the Village and Consultant shall have no responsibility to potential aggregation Members or the ARES
for the accuracy of the customer account information provided.
G. The Village shall forward to ComEd requests for consumer account data.
H. The Village will maintain the customer information it receives in a confidential manner as required by law,
and will use that information only for purposes of its Municipal Aggregation. The Village may assign access
to the customer information to the Consultant for the purposes of soliciting supply and service bids on behalf
of the Village. The Consultant is bound by confidentiality requirements in this regard, and shall only access
and utilize consumer data at the direction of the Village. Customer account information will be considered
confidential and will not be disclosed under the Freedom of Information Act, except as required by law.
The Village is not responsible for providing electricity to the members of the Aggregation, or for billing or
collecting for electricity provided under any ARES power supply agreement, and has no responsibility
beyond the duties described herein. ComEd will continue to provide a single bill to Aggregation Members
for all electrical charges.
V. ROLE OF THE AGGREGATION CONSULTANT
A. Duties. The Aggregation Consultant shall advise the Consortium and the Village and shall assist the Village
with the development and implementation of its Municipal Aggregation Program, including advising staff
and elected officials on all aspects of the program; developing all necessary documents, soliciting and
reviewing bids received, making recommendations as appropriate, and monitoring the ARES' compliance
with the requirements of the Power Supply Agreement.
B. Required Independence and Disclosures. As required by the Electric Service Customer Choice Act, 220 ILCS
5/16-101 et seq., the Consultant will be in a fiduciary relationship with the Consortium and owes the
Consortium and its participating municipalities the duty of loyalty and independent judgment. The
Consultant will be disqualified if it acts as the agent for any ICC-certified ARES. It is the duty of the Consultant
to disclose any such relationships to the Consortium and to the Village and to terminate its agency for the
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
ARES in the event of such a relationship. Breach of these terms may result in the termination by the
Consortium of the agreement between the Consortium and the Consultant.
C. Fee. The Consultant shall be paid directly by the Consortium in accordance with the separate agreement
between the Consortium and the Consultant. The Consortium will be reimbursed by the ARES with whom
the Village enters into a Power Supply Agreement, in a manner to be approved by the Consortium and the
Village.
D. Confidentiality. The Consultant shall not have access to any confidential customer account information
unless so allowed by the Village and bound by a confidentiality agreement. In the event the Consultant
becomes privy to any confidential customer account information, it agrees not to use that information for
any purposes outside the scope of the services provided by its agreement with the Consortium, and
specifically agrees not to use for itself, or to sell, trade, disseminate or otherwise transfer, that information
to any other party for any purpose other than in furtherance of the Aggregation Program.
E. Consortium Assistance. The Consultant shall advise the Village on any changes in laws, rules, tariffs or any
other regulatory matter that impacts the Aggregation during the term of the Power Supply Agreement.
F. Ownership of Work Product. The Consultant shall not: (1) use any Village or Consortium work product for
any other client; or (2) represent any Village or Consortium work product as its own.
VI. POWER SUPPLY AGREEMENT
The Village, at its option, will execute a Power Supply Agreement with the selected ARES, in accordance with
the following:
A. Term. The Village's first Power Supply Agreement shall be for a minimum of a one-year period. If the
Agreement is extended or renewed, the Consultant will notify the Village of changes in the rules of the ICC
and IPA that require changes in rates or service conditions. The Village will have the discretion to set the
length of any subsequent contract term.
B. Rate. The agreement shall specify the approved rates or pricing structure and the power mix for the
Program, and shall specify additional fees (if any).
C. Supply of Power. The ARES shall supply electricity for the program that includes: (1) the minimum renewable
energy resources required by the State of Illinois Renewable Portfolio Standard; and (2) at the option of the
Village, electricity that exceeds the current renewable energy resource requirements of the Illinois
Renewable Portfolio Standard by securing Renewable Energy Credits sourced through PJM-registered
hydroelectric, wind, solar, photovoltaic or captured methane -landfill gas.
D. Compliance with Requirements in the Bid. The agreement shall require the ARES to maintain all required
qualifications, and to provide all services required pursuant to the Joint Power Supply Bid.
E. Compliance with Plan. The Agreement shall require the ARES to provide all services in compliance with this
Plan, as may be amended. Specifically, and without limitation of the foregoing, the ARES shall provide the
Village with such reports and information as required in this Plan.
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
F. Non -Competition. The ARES must agree not to solicit or contract directly with eligible Aggregation Program
members for service or rates outside the Aggregation Program, and agrees not to use the member
information for any other marketing purposes.
G. Hold Harmless. The ARES must agree to hold the Village harmless from any and all financial obligations
arising from the Program.
H. Insurance. The ARES shall obtain and maintain, for the duration of the Power Supply Agreement, such proof
of insurance and performance security as the Village deems necessary.
I. Additional Services. The Agreement may provide that the ARES will assist the Village in developing a
Member Education Plan. The Agreement may provide that the ARES will assist the Village in developing
Energy Efficiency and/or Demand Response programs. The Agreement will not preclude the Village from
developing its own Member Education, Energy Efficiency, and Demand Response programs. The agreement
may also provide that the ARES will assist the Village in developing and managing programs that expand
Member access to energy -related services and products deemed appropriate by the Village.
J. Fees and Charges:
1. Additional Fees Prohibited. Neither the Village nor the ARES will impose any terms, conditions,
fees, or charges on any Member served by the Program unless the particular term, condition,
fee, or charge is: (a) identified in this Plan; and (b) clearly disclosed to the Member at the time
the Member enrolls in, or chooses not to opt out of, the Program.
2. ComEd will continue to bill for late payments, delivery charges, and monthly service fees. These
charges apply whether or not a Member switches to the ARES.
3. Termination, Enrollment, and Switching Fees shall not be charged except as permitted by this
Plan.
K. Costs. All costs of the aggregation program development and administration will be paid by the ARES.
Specifically, and without limitation of the foregoing, the ARES shall reimburse the Village for all professional,
legal, Consultant, and administrative costs incurred by the Village in connection with its adoption of its
Aggregation Program and the negotiation and execution of the Power Supply Agreement.
L. Termination of Service.
1. End of Term. The Power Supply Agreement with the ARES will terminate upon its expiration.
Early Termination. The Village will have the right to terminate the Power Supply Agreement
prior to the expiration of the term in the event the ARES commits any act of default. Acts of
default include but are not limited to the following:
a. Breach of confidentiality regarding Member information;
b. The disqualification of the ARES to perform the services due to the lapse or revocation of
any required license or certification identified as a qualification in the Joint Power Supply
Bid;
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
c. ComEd's termination of its relationship with the ARES;
d. Any act or omission which constitutes deception by affirmative statement or practice, or by
omission, fraud, misrepresentation, or a bad faith practice;
e. Billing in excess of the approved rates and charges;
f. Billing or attempting to collect any charge other than the approved kWh rates and
contractually approved charges; or
g. Failure to perform at a minimum level of customer service required by the Village.
Upon termination for any reason, the Village will notify ComEd to return the Aggregation Members to the
Default Tariff Service. Upon termination, each individual Member will receive written notification from the
Village of the termination of the Program.
VII. PRICING
A. Commodity Price Rate or Structure. The Consortium will request and consider fixed or variable commodity
price offers from one or more ARES as part of a competitive procurement process.
B. Recording. The commodity price or price structure established for the Consortium will be added to the
pricing appendix in each Consortium participant's Power Supply Agreement. Costs associated with
additional Renewable Energy Credits may be added to the commodity price or price structure at the
discretion of the Village.
Vill. IMPLEMENTATION PROCEDURES
A. Development of Member Database. Pursuant to ICC regulations, after this Plan is approved by the Village,
the Village Manager or his or her designee will then submit a Direct Access Request and Government
Authority Aggregation Form to ComEd (ILL.C.C. No.10 Rate GAP Government Aggregation Protocols, Sheets
406-411, April 17, 2011), requesting that it provide the Village with Retail Customer Identification
Information. ComEd will provide the Village with the requested information within 10 business days after
receiving the request in accordance with those adopted protocols.
After selecting and contracting with an ARES, the Village, with the assistance of the Consultant, under
confidential agreement with the ARES, will work with the ARES to remove any customers determined to be
ineligible due to one or more of the following:
1. The customer is not located within the Village;
2. The customer has a pre-existing agreement with another ARES and has not delivered to the
Village a written request to switch to the Aggregation Program;
3. The customer has free ComEd service;
4. The customer is an hourly rate ComEd customer (real time pricing);
5. The customer is on ComEd's electric heat rate;
Illinois Community Choice Aggregation Network 8
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
6. The customer has a community solar subscription; or
The customer is on a ComEd bundled hold (i.e. the customer recently terminated service from
a different ARES and re-established service through ComEd).
The ARES and the Village will complete this eligibility review within 5 business days.
The Retail Customer Identification Information will remain the property of the Village, and the ARES will
comply with the confidentiality and non -compete provisions in the Power Supply Agreement.
After the Retail Customer Identification Information is reviewed, the ARES will mail the Opt -Out Notices
described below to all eligible account holders within the boundaries of the Village.
Except as expressly permitted in the Power Supply Agreement, the ARES shall treat all customers equally
and shall not deny service to any customer in the Aggregation, or alter rates for different classes of
customers other than by offering the rates set forth in the Power Supply Agreement.
B. Maintenance of Accurate and Secure Customer Records. The ARES will maintain a secure database of
Customer Account Information. The database will include the ComEd account number, and ARES account
number of each active Member, and other pertinent information such as rate code, rider code (if applicable),
and usage and demand history. The database will be updated on an ongoing basis.
The ARES shall preserve the confidentiality of all Aggregation Members' account information and of the
database, and shall agree to adopt and follow protocols to preserve that confidentiality. The ARES, as a
material condition of any contract, shall not disclose, use, sell or provide customer account information to
any person, firm or entity for any purpose outside the operation of this Municipal Aggregation Program.
This provision will survive the termination of the agreement. The Village, upon receiving customer
information from ComEd, shall be subject to the limitations on the disclosure of that information described
in Section 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH. The ARES will keep
Customer Account Information for a minimum of two years following the termination of the Power Supply
Agreement.
C. Opt -Out Process. The Village's Aggregation is an opt -out program pursuant to 20 ILCS 3855/1-92. Any
eligible electric account that opts out of the Program pursuant to the procedures stated below will
automatically be placed on the ComEd default tariff service unless and until the accountholder chooses
another ARES.
Manner of Providing Notices and Information. The ARES will be required to pay for printing and
mailing of all Aggregation and Opt -Out Notices on Village envelope and letterhead. The ARES
will mail Aggregation and Opt -Out Notices to the eligible account holders within the boundaries
of the Village at the address provided with the Retail Customer Identification Information
provided by ComEd. The ARES must manage the Opt -Out Notice process under the supervision
of the Village and the Consultant. A single database must be used to track account enrollment
and billing data.
2. Content of Notice. The Village and the ARES will agree to the format and contents of the
Aggregation and Opt -Out Notices prior to distribution or mailing. No such Notice shall be
distributed or mailed except upon the express prior approval of the Village _ The Notice will
Illinois Community Choice Aggregation Network
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
inform the electric account owner of the existence of the Aggregation Program, the identity of
the ARES, and the rates to be charged. The Notice will also inform PIPP customers of the
consequences of participating in the Aggregation.
The Notice will provide a method for customers to opt out of the Aggregation Program. The
Notice shall indicate that it is from the Village, and include the Village name and logo on the
envelope. The Notice shall be signed by a duly -authorized representative of the Village.
Aggregation Members shall have 21 calendar days from the postmark date on the notice to mail
the Opt -Out card back to the ARES stating their intention to opt out of the Village Aggregation
Program ("Opt -Out Period"). The ARES may offer additional means of opting out, such as a toll -
free number, website, smart device quick response code, email address or fax number, each of
which must be received within the Opt -Out Period. Upon receipt of an opt -out reply, the ARES
will remove the account from the Aggregation Program. The time to respond shall be calculated
based on the postmark date of the notice to the customer and the postmark date of the
customer's response.
After the expiration of the Opt -Out Period, the Member list shall become final. All customers
who have not opted out will be automatically enrolled as Members in the Program. Customers
will not need to take any affirmative steps in order to be included in the Program.
In the event that an eligible Aggregation Member is inadvertently not sent an Opt -Out Notice,
or is inadvertently omitted from the Program, the ARES will work with the Village and the
Member to ensure that the Member's decision to remain in, or opt out of, the Program is
properly recorded and implemented by the ARES.
3. Notification to ComEd. Pursuant to ILL.C.C. No.10, Rate GAP, after the Opt -Out Notice period
has expired, the ARES shall submit the account numbers of participating Aggregation Members
to ComEd and the rate to be charged to those members pursuant to the Power Supply
Agreement. The ARES will provide that information to ComEd in the format ComEd requires.
4. ComEd will then notify members that they have been switched to the ARES and provide the
member with the name and contact information of the ARES. Members will have the option to
rescind their participation in the program according to procedures established by ComEd and
the ARES.
D. Activation of Service. Upon notification to Coni the ARES will begin to provide electric power supply to
the members of the Aggregation Program without affirmative action from the members. The service will
begin on the member's normal meter read date within a month when power deliveries begin under the
Aggregation Program.
E. Enrollments:
1. New Accounts. The ARES must facilitate the addition of new member accounts to the
Aggregation Program during the term of the Power Supply Agreement. Residents and
businesses that move into the community after the Opt -Out Period will NOT be automatically
included in the Aggregation Program. Members wishing to opt -in to the Aggregation Program
Illinois Community Choice Aggregation Network 10
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
may contact the ARES to obtain enrollment information. All new accounts shall be entitled to
the rates set forth in the Power Supply Agreement.
2. Re -Joining the Aggregation Group. After opting out, Members may rejoin the Program at a later
date in the same manner as new residents moving into the Village. These members may contact
the ARES at any time to obtain enrollment information. The ARES must make commercially
reasonable efforts to provide electric power supply to all such re -joining Members at the rates
set forth in the Power Supply Agreement.
3. Percentage of Income Payment Plan (PIPP) participation. The ARES must facilitate billing for
residents enrolled in the PIPP bill payment assistance program for low-income residential
customers. The ARES must also notify PIPP customers of the consequences of participating in
the Aggregation.
4. Change of Address. Members who move from one location to another within the corporate
limits of the Village shall retain their participant status, pursuant to Section VIII.G.4 of this Plan.
5. The ARES will establish procedures and protocols to work with ComEd on an ongoing basis to
add, delete or change any member participation or rate information.
F. Member Services:
1. Program Management and Documentation: The ARES must have standard operating
procedures in place that govern Member education, Opt -out notification, Member inquiries,
and public outreach regarding the Aggregation Program.
2. Member Inquiries.
a. Procedures for Handling Customer Complaints and Dispute Resolution. Concerns regarding
service reliability should be directed to ComEd, billing questions should be directed to
ComEd or the ARES, and any unresolved disputes should be directed to the ICC.
b. Telephone Inquiries. The ARES must maintain a local or toll -free telephone access line
which will be available to Aggregation Members 24 hours a day, seven days a week. Trained
company representatives will be available to respond to customer telephone inquiries
during normal business hours. After normal business hours, the access line may be
answered by a service or an automated response system, including an answering machine.
Inquiries received after normal business hours must be responded to by a trained company
representative on the next business day. Under normal operating conditions, telephone
answer times by a customer representative, including wait time, shall not exceed 30
seconds when the connection is made. If the call needs to be transferred, transfer time
shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the
time under normal operating conditions, measured on a quarterly basis.
c. Internet and Email. The ARES must establish and maintain a website for the Aggregation
Members. The website will provide basic information concerning the Aggregation Program
and will facilitate member inquiries by providing a platform for the submission of questions
Illinois Community Choice Aggregation Network 11
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
by email or text. Responses to inquiries submitted through the website platform must be
generated within 24 hours.
d. Multilingual Services. The ARES must provide customer service for Members requiring non-
English verbal and written assistance.
e. Hearing Impaired. The ARES must provide customer service for hearing impaired Members.
3. The ARES will provide the Aggregation Members with updates and disclosures mandated by ICC
and IPA rules.
G. Billing and Fees.
1. Collection and credit procedures remain the responsibility of ComEd and the individual
Aggregation Member. Members are required to remit and comply with the payment terms of
ComEd. The Village will not be responsible for late payment or non-payment of any Member
accounts. Neither the Village nor the ARES shall have separate credit or deposit policies for
Members.
2. Early Termination. Members may terminate service from the ARES without penalty if they
relocate outside of the Village. Members who did not opt out of the Program during the Opt -
Out Period and who later leave the Program for other reasons may be assessed an early
termination fee by the ARES in the amount set forth in the Power Supply Agreement, but in no
event in an amount greater than $25.
3. Enrollment Fee. For any new Member that joins the Program after the activation of service by
the ARES for the Village, the ARES may charge an enrollment fee only to establish service at a
property for which the ARES had not previously provided service in the preceding 30 days. The
ARES shall not charge any enrollment fee with respect to any property for which the identity of
the Member is changed but at which service is interrupted for a period of less than 30 days. Any
enrollment fee authorized pursuant to this Paragraph shall be in the amount set forth in the
Power Supply Agreement, but in no event in an amount greater than $25.
4. Switching Fee. Members changing residency within the Village will not be assessed early
termination or enrollment fees. The ARES shall continue service at the same rate and under the
same terms and conditions for any Member who relocates within the Village prior to the
expiration of the contract term, providing that the Member notifies the ARES of his or her desire
to do so with 30 days' notice. Moving within the Village may cause the Member to be served
for a brief period of time by ComEd. The ARES shall have the right to bill the participant for any
associated switching fee imposed by ComEd.
H. Reliability of Power Supply: The Program will only affect the generation source of power. ComEd will
continue to deliver power through their transmission and distribution systems. Responsibility for
maintaining system reliability continues to rest with ComEd. If Members have service reliability problems,
they should contact ComEd for repairs. The ICC has established "Minimum Reliability Standards" for all
utilities operating distribution systems in Illinois. Member outages, duration of outages, interruptions, etc.,
are monitored to ensure reliability remains at satisfactory levels. In addition to maintaining the "wires"
system, ComEd is required to be the "Provider of Last Resort," meaning that should the Vendor fail for any
Illinois Community Choice Aggregation Network 12
Village of Deerfield
Plan of Operation and Governance
January 19, 2021
reason to deliver any or all of the electricity needed to serve the Members' needs, ComEd will immediately
provide any supplemental electricity to the Members as maybe required. ComEd would then bill the ARES
for the power provided on their behalf, and the Members would incur no additional cost therefor.
IX. ADDITIONAL SERVICE TERMS AND CONDITIONS
A. Member Education. At the direction of the Village, the ARES will assist the Village in developing a Member
Education Plan.
B. Reporting. The ARES will provide to the Village and to the Consultant the following reports:
1. Power Mix Reporting. The ARES will deliver quarterly reports to the Village and the Consultant
which substantiate that: (a) it generated or purchased electricity with the claimed attributes in
amounts sufficient to match actual consumption by the Village; (b) the electricity was supplied
to the interconnected grid serving the Village.
The report will show the source of the power and demonstrate that the power was provided in
accordance with Renewable Portfolio Standards and the federal Clean Air Act regulations and
permits.
2. REC Reporting. The ARES will deliver reports that provide competent and reliable evidence to
support the fact that it purchased properly certified REC in a sufficient quantity to offset the
non-renewable energy provided in the mix.
3. Aggregation Reports. The ARES will provide the Village with quarterly reports showing the
number of Members participating in the Aggregation Program and the total cost for energy
provided to the Aggregation as compared to the ComEd's default tariff service rates. In addition,
the ARES will report its efforts at member education.
C. Limitation of Liability. The Village shall not be liable to Aggregation Members for any claims, however styled,
arising out of the aggregation program or out of any Village act or omission in facilitating the Municipal
Aggregation Program.
X. INFORMATION AND COMPLAINT NUMBERS
Copies of this Plan will be available from the Village free of charge at www.deerfield.il.us. Call 847.945.5000 for
more information. Any electric customer, including any participant in the Village's aggregation program, may
contact the Illinois Commerce Commission for information, or to make a complaint against the Program, the
ARES or ComEd. The ICC may be reached toll free at 217-782-5793.
Illinois Community Choice Aggregation Network 13