HomeMy WebLinkAboutRESOLUTION - 19-00 - 6/27/2000 - LOCAL GOVERNMENT ELECTRIC POWER ALLIANCERESOLUTION NO. 19-00
A RESOLUTION AUTHORIZING THE VILLAGE OF ELK GROVE VILLAGE
TO PARTICIPATE IN THE LOCAL GOVERNMENT ELECTRIC POWER
ALLIANCE REQUEST FOR PROPOSAL PROCESS FOR THE PURPOSE OF
PURCHASING ELECTRICITY AT A DISCOUNTED RATE
WHEREAS, the Village of Elk Grove Village (the "Municipality") expends a significant
amount of funds in the purchase of electricity; and
WHEREAS, the Municipality would benefit from obtaining lower prices for its purchases
of electricity; and
WHEREAS, the Local Government Electric Power Alliance (the "Alliance"), an Illinois not-
for-profit corporation, whose members include the City of Chicago, Chicago Park District, Chicago
Transit Authority, City Colleges of Chicago and Chicago School Reform Board of Trustees
(collectively, the "Alliance Members"), intends to issue a request for proposals for the purchase of
electric supply service (the "RFP") by some or all Alliance Members and other governmental entities
identified in the RFP (collectively, the "Participants"); and
WHEREAS, the Participants will be required to purchase electricity from the electric utility
or the alternative electric retail supplier selected by the Alliance pursuant to the RFP (the "Selected
RES"); and
WHEREAS, it is anticipated that each Participant that purchases electricity using a contract
between it and the Selected RES, that is entered into pursuant to the RFP, will be able to obtain more
competitive prices for its purchases than if it separately negotiated a purchase price; and
WHEREAS, the Municipality has determined that it would be beneficial to be a Participant;
and
WHEREAS, the Municipality is a home rule unit of government by virtue of the provisions
of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform
any function pertaining to its government and affairs.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth here.
SECTION 2. The Director of Finance (the "Authorized Individual") is authorized to sign
a letter acknowledging that (i) the Alliance intends to name the Municipality in the RFP as an entity
that will purchase electricity from the Selected RES, (ii) the Municipality will provide the Alliance
with requested information relating to its anticipated usage of electricity, and (iii) any of the
Municipality's electric purchases from the Selected RES will be counted toward the usage levels
used to determine the price of electricity to Participants purchasing electricity from the Selected RES
under agreements entered into pursuant to the RFP.
SECTION 3. In order to preserve the integrity of the RFP procurement process, the
Authorized Individual is authorized to execute a confidentiality affidavit in substantially the form
attached hereto as Exhibit A.
SECTION 4. The Authorized Individual is authorized (a) to provide the Alliance with
information it requests relating to the Municipality's anticipated usage of electricity and (b) to enter
into an agreement with the Selected RES to purchase electric power (the "Agreement"), under terms
consistent with those negotiated by the Alliance with the Selected RES. The Authorized Individual
also is authorized to execute such agreements and documents, and perform any and all acts on behalf
of the Municipality as may be necessary or advisable to effectuate the Agreement, subject to the
approval as to form and legality of the Village of Elk Grove Village. While the Authorized
Individual is herein authorized to execute the agreements provided for above, that authority is
contingent upon approval of documents in final form by the Village President and Board of Trustees.
SECTION 5, This Resolution shall be in full force and effective immediately from and after
its passage and approval according to law.
VOTE: AYES:
5
NAYS:
0 ABSENT: 1
PASSED this
27th
day of
June 2000.
APPROVED this
27th
day of
June 2000,
APPROVED:
Crain B. Johnson
Village President
ATTEST:
Ann I. Walsh
Village Clerk
aESElectricity.doc
Confidentiality Affidavit
This confidentiality affidavit ("Affidavit') is executed this 27thday of June
2000 by the Village of Elk Grove Village, (the "Party").
1. The Local Government Electric Power Alliance (the "Alliance") intends to (but does
not commit to) issue a request for proposals for electric supply service ("RFP") and
enter into an agreement pursuant to that RFP (the 'Electric Supply Service
Program"). During the development of the RFP, and prior to, during, and after the
review, evaluation, selection and negotiation of proposals and all subsequent phases
of the Electric Supply Service Program, the Party agrees that all Information (as
described below) is property of the Alliance and is confidential except as specifically
authorized in this Affidavit or as may be required by law. The Party must not allow
the Information to be made available to any other individual or organization without
the prior written consent of the Alliance. The Party must implement any measures
that are necessary to ensure that its employees, elected officials, representatives,
agents and consultants that have access to any Information are bound by the
confidentiality provisions contained in this Affidavit.
2. For purposes of this Affidavit, Information means:
(A) any proposals, exhibits, documents, data, charts, and other information, of any kind
or nature, submitted to the Alliance (or to the Party in anticipation of such information
being submitted to the Alliance) by any person or entity whatsoever, including without
limitation any electric utility or Alternative Electric Retail Suppliers, as defined in
Section 16-102 of Illinois Public Act 90-561 (collectively, "RES"), contractor or
consultant, or prepared by or assembled by the Alliance and/or any of its consultants or
contractors, relating to any aspect of the Electric Supply Service Program, and
encountered by the Party in any way whatsoever; and
(B) any data of whatever kind or nature, including without limitation any notes, work
product, charts, graphs, evaluation sheets, numerical ratings, and grades, in any form
whatsoever, prepared or encountered by the Party or acquired by the Party during its
participation in any aspect of Electric Supply Service Program, and relating to the
evaluation of proposals and/or negotiation of term sheets, agreements or any terms
thereof or relating to matters of whatever nature pertaining to the Electric Supply
Service Program; and
(C) any statements or communications, whether oral or written, relating to the
evaluation of the materials referred to in paragraph (A) above or the negotiation of term
sheets, agreements or terms thereof or the materials referred to in paragraph (B) above
pertaining to the Electric Supply Service Program, and encountered by the Party,
whether in telephone calls, meetings, discussions, negotiations, oral presentations or
otherwise.
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I. The Party must maintain, while in the Party's possession and/or control, the Information
in such a way as to assure confidentiality, subject to the exceptions set forth in Sections
V and VI below. The Party understands that the dissemination of Information may
jeopardize the integrity of the entire procurement process and that the RFP process may
be terminated if a violation of confidentiality occurs. Therefore, the Party agrees to
cooperate in and commit itself to preserving the confidentiality of the process and all
Information as described herein.
II. The Party must not issue any publicity news releases or grant press interviews regarding
the Electric Supply Service Program without the prior written consent of a board
member of the Alliance, or his/her duly authorized designee.
III. If the Party is presented with a request for documents by any administrative agency or
with a subpoena duces tecum regarding any records, data or documents which may be
in the Party's possession by reason of services performed or any other involvement with
the Electric Supply Service Program, the Party must immediately give notice to the
Alliance with the understanding that the Alliance will have the opportunity to contest
such process by any means available to it before the records or documents are submitted
to a court or other third party. The Party, however, is not obligated to withhold the
delivery beyond the time ordered by the court or administrative agency, unless the
subpoena or request is quashed or the time to produce is otherwise extended.
3. A. Notwithstanding the foregoing, the Party will not be prohibited from disclosing
or participating in the disclosure of any Information to the extent (i) disclosure is
required by law or legal process with the understanding that the Alliance will have
the opportunity to contest such required disclosure by any means available to it in
accordance with Section V above; (ii) such Information is generally available to the
public, other than as a result of a disclosure prohibited hereby; (iii) that it is required
to be disclosed in connection with any suit, action or proceeding in connection with
the enforcement of rights by the Party or any other participant in the RFP or any
agreements executed in connection with it; (iv) such Information is disclosed
pursuant to the prior written authorization of the Alliance; or (v) that the information
is related to how the type of transaction is generally structured but not information
related specifically to the Electric Supply Service Program.
B. In addition to the foregoing, nothing in this Affidavit will preclude the Party from
communicating (either by telephone or personal meeting) with any RES that has been
selected by the Alliance, provided that the following occurs before such communication
is initiated: (1) the Party provides the Alliance with reasonable advance notice of the
meeting or telephone conference, the opportunity to participate in it, and a description
of the matters to be discussed during the meeting or telephone call, (2) if the Alliance
elects not to participate in the communication, the Party obtains the prior approval of the
Alliance for the Party to engage in the meeting or telephone conference and submits
written confirmation of such prior approval to the Alliance by e-mail or facsimile prior
to engaging in the communication, (3) the Party does not disclose any Information to
the RES except for (a) Information that is part of such RES's proposal, or (b)
Information that may be disclosed under paragraph VI hereof, but only elicits
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information from the RES, and (4) if the Alliance elects not to participate in the
communication, the Party promptly after the meeting or telephone conference shares the
information with the Alliance.
C. This Affidavit is executed for the sole benefit of the Alliance and does not create
rights in any other party.
SIGNED at Elk Grove Village, Illinois:
Village of Elk Grove Village (the Party)
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Director of Finance
Subscribed and sworn to before me this
day of 2000
Notary Public
My Commission expires: (SEAL)