HomeMy WebLinkAboutResolution #4047 RESOLUTION NO 4047
A RESOLUTION APPROVING A CONSULTING AGREEMENT WITH DACOTT ENERGY SERVICES
AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID
AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS.
WHEREAS, the Canton City Council has determined that it is necessary and in the best interests of the
City of Canton to enter into a consulting agreement with Dacott Energy, as set forth in Exhibit"A"attached hereto
and incorporated herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF CANTON,ILLINOIS,AS FOLLOWS:
1. That the agreement attached hereto and incorporated herein as Exhibit"A" is hereby approved by the
Canton City Council.
2. That the Mayor of the City of Canton, Illinois is hereby authorized and directed to execute said Agreement
on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 3`d day of December, 2013
upon a roll call vote as follows:
AYES: Aldermen Pasley, Lovell, Ellis, Pickel,Jim Nelson, Putrich, West
NAYS: None
ABSENT: Alderman Justin Nelson
APPROVED:
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,- Jeff A. ayor
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Diana avley-Rock, ity Clerk
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DACOTT
ENERGY 5ERVICES
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���. Gt1► ot Carrton "tlknt," desires to enter into this Agreement ("Agreement'°) wiih DsCott Ena�y
S�rviaa. lttd ("DES'7 which is effective on 3rd of Deaember, 2013 ("Effective Daie"), in which C6i+�nt agrees to
rnake DES its exdusive representative to negaWte the purchases of energy for the benef{t of Client;
NOW THEREFORE,in c�sidtratlon of the fore�oirtg snd the mutuai covenants contained herein,tfie parties argree
as fallows:
SECTqN 1:T�ftM�THE/1QREEMENT s�Id TEItMMIAT'10�!
The term of this Agreement sha�l t�ommen�p �pa,n the Effective Oate and corttlnue unti! terminated by elther
party.qient rnay terrntr�ate this Agreement for any reasvn u�n provWing 3p da}rs p�ior written notice. DES may
terminatt this Asreement for any reascn upon providir�34 days prior written notice. Either Psrty may terminate
thls Agreement if the ott�Part�r Is in material breach of thia Agreern,ent, provided that Me non-br�adti�party
has notifled t�e bresching party in writing of occurrence of such bre�h and the breaching Parry fails to arre ttte
breach within 30 days of notltication by the non-lxeaching Party.
SECTlON 2:SERViCES PR011lDED Sl►pf5
pknt and DES agree t#�at DES will be acting as C3ienYs exciusive repressr�tathre during the term of this Agreement
and that DES wtfl perform tfie fotlowir�g senrices fo�CHent:
� Analyze dienYs energy usage patterns, bath historical and projected, to determine the m�t cos�
effettive transactional siructure to meet qienYs energy needs;
• Develop Itst of potential wppiiers for Gient's energy needs aftd sdlclt btda for energy suppiy from the iist
of approved suppiiers;
• Monitor the{xice of energy and supptieF rates to optimizt Gie►yt's energy cosis;
� Make�ecommenda#ions to Client�egar�ng V�nsactbna!strucivre and timir�g of ettecutior►;
• Fecliitate th�e negatiation of ca�tracts between qient arui sup�s)induding maldng recomrner►datbns
related to cor�traauai prov�stc�s;
• Serve as ClknYs represtnia#ive with sup�lier(sl:
• CoHect and review C{ic+�t's monthty e�ergy imroices to ensu�e that all contractuaf obligetions afe beMg
�bY wPP���(s�;
o P►ovide summarited billing datp tp qFent fn a form that meets Gient's dsts requ�ements;
o Act as an advocatt on Ctient's behalf to settle any disputed enerQy inv�ce issues;
• Other servltes as mayr be requested by Gian;and agreed to by qient and DES.
SEtTIGN 3:CONFItiENTiALJTI�
�urirt8 the t�erm af thk Agre�nent and faf a period of two(2j years aftar the termi�►aticx�of tltis Agreement, pE5
(iNs employees, subs�fks, a�ents, or arry othe� affiliatesj, shatl retal� fn strictest cwifldence and secura a!I
knowledge�nd informatbn whic�they acquire or hsve acquired,with respect to any and ary lnfarmation related to
pfent thst is dermed by dient to be confident�ial. Surh knowiedge ,snd Information sha8 �ot be diretdy pr
Indir�ctlyr dlac��ose�d to anY Person(other than suppiier that have a ne+�d to know in order to serve Gierit)witt�ut
the priot writte�cense�t of Clierrt or unless required by statute or by a court witt►vaNd j�ris�d�n by��gulatory
authority.
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C�y�Canlon
Decasrnber 3,2013
Paqe 2 af 3
SECTiON 4:GOMPENSATION
qient agrees that DES shafi recNve campensation for the services provided as deflned on Attachm�t A of this
Agresment a�d such ccmpen5ation wiU bt intluded within the cast of ene►gy provided by wppiier(sj to Glent.
DES agrees that Ciient shall have no obl�ation to make any direct payments to DES for the services providad arn!
that DES's sok recourse,as relates to payrnents for services provided,shail be to wpplier(s).
SECTIC'3N S:tN0E11ANiFIf:ATIQh
Esch Party agrees to hold harmless, defend aa�d indtnmlfy the oths► Party trom �y and all losses, claims,
demsncts. li�bttfty, cosu, or exper►ses, ;nciuding but not �mited to, reasonab#e crosts of lit�ation and attorney's
fera, which arlse out of a�y act or am�ssion of the indem�ifyi� Party in connection with or arisirtg from tf+e
obtlgatlans cantained In this Agreement. DES makes na warranty to Ctient, and C��ieist a�rees to indemnify DES
agsinst any c{airns made by qient against supplier(s)for performance under any contract entered ir�to betwern
Ctient a»d wpplier�(s).
SECTlON 6: CI.IEMT*�P�tOPERTtES
This Agreement is lim�ted to the{�opertfes owned or managed by Gient.Both parties a�ee qient can remove or
withhold any property from the agreernent,If such property(s)has been soid,or ff Cliertt ceases Ln manage ar own
t�P�I�Y. �ih partkes agree thst in the event of regul�tory chsnges ihat impact the ability of qknt to add
eddk�onal prc�rties ta thts A�reemerit,Clkrnt shail have the right,but not the oblig�ion,to add such proptrties
to this Afreement.Both Parties agree Ehat any sucfi deletia�or addition wiil be subject to the ttrms of ar►y valid
aB�eement in ptsce bstween CWent and supplter(s).
City of CaMon dsCott Enee�y�Mus,ltd
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Nan�: ,�--' .�i� Nama: EHa Streltsov
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we�: �.�tf''a,3��'�r�.�.� aaa: I Z. 4 f
Ndd►eu Mr Add►�s fa 3 Sugar Creek Center Bivd,Sufte 440
Ncltia: �; S
ugar Land TX,77478
F�: Fsic: {713)66d-8bi4
�� �� i�13)664-8600
CONFtDENT1AL
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GNy at Ctnton
Doamt�sr 3,20f3
Pap�3 of 3
Attac,hment A
CIieM agrees to the following fees for the DES servkes(to be Included in energy costs from wppiier):
�Q,QQ�prr kWh
MkiMed snd accepted by;
CNlttt �i�'fqF^""
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DES �
CONFIDENTIAL
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