2012-82 AUTHORIZING AGGREGATION OF ELECTRIC LOAD AND ADOPTING ELECTRIC AGGREGATION PLAN

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advising staff and elected officials (at the request of the City Manager) 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 Service Agreement. C. Required Independence and Disclosures. As required by the Electric Service Customer Choice Act, the Consultant will be in a fiduciary relationship with the City and owes the City and its Aggregation Members 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 and to terminate the agreement in the event of such a relationship. Breach of these terms will result in the City terminating the Consultant Agreement. D. Fee. The Consultant shall not be paid directly by the City, but will receive a broker fee directly from the selected ARES. If the City chooses not to contract with an ARES, the City will not be responsible to pay the Consultant any fee or compensation. E. Confidentiality. The Consultant will have access to confidential customer account information and agrees not to use that information for any purposes outside the scope of the services provide by this Agreement 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 this Aggregation Program. F. City Assistance. The Consultant shall advise the City on any changes in laws, rules, tariffs or any other regulatory matter that impacts the Aggregation during the term of the Service Agreement. G. Ownership of Work Product. The Consultant shall not use any City work product for any other client or represent any City work product as its own. ROLE OF THE ALTERNATE RETAIL ENERGY SUPPLIER (ARES) A. The ARES shall provide adequate, accurate, and understandable pricing, terms and conditions of service, including, but not limited to, no switching fees and the conditions under which Program participant may Opt-Out without penalty. B. The ARES must provide the City of Decatur and Consultant, upon request, an electronic file containing the Program participant's usage, charges for retail supply service and such other information reasonably requested by the City or the Consultant. C. The ARES shall create and maintain a secure database of all Program participants. The database will include the name, address, Ameren account number, and the ARES's account number of each active Program participant, and other pertinent information such as rate code, rider code (if applicable), most recent 12 months of usage and demand, and meter reading cycle. The database will be updated at least quarterly. Accordingly, the Supplier will develop and implement a program to accommodate participants who (i) leave the Program due to relocation, Opting-Out, etc. (ii) decide to join the Program; (iii) relocate anywhere within the corporate limits of the municipality, or(iv) move into the municipality and elect to join the Program. D. Education: The ARES shall develop and implement an educational program that generally explains the Program to all residential and small business customers. E. ARES will provide updates and disclosures mandated by Illinois law and applicable rules and regulations, and implement a process to allow any participant the opportunity to Opt-Out of the Program according to the terms of the Power Supply Agreement. Page 8 of 21