4.11
4.11
AGREEMENTS\\Direct Energy – Natural Gas thru MEGA Program – 6-1-21 thru 5-31-24 - 12-7-2020
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND DIRECT ENERGY BUSINESS
MARKETING, LLC D/B/A DIRECT ENERGY BUSINESS FOR
POWER SALE – NATURAL GAS – THROUGH MEGA PROGRAM
RESOLUTION NO.: ___________________________________________________, 2019
INTRODUCED BY: ___________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ___________________________________________________
WHEREAS, by Resolution No.: 51,2015, the Queensbury Town Board authorized an
Agreement through the Municipal Electric & Gas Alliance (MEGA) Program with Direct Energy
Business Marketing, LLC d/b/a Direct Energy Business (Direct Energy Business) in an effort to
reduce natural gas costs, and by Resolution No.: 109,2019 again authorized an Agreement with
Direct Energy Business through May 31, 2021, and
WHEREAS, the Town wishes to continue with the MEGA Program and enter into an
Agreement with Direct Energy Business commencing June 1, 2021 through May 31, 2024 at the
Fixed Price of $3.804 per MMBTU as set forth in Direct Energy Business’ Agreement/Proposal Id:
65069635 presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in a continuing effort to reduce energy
costs, hereby authorizes Agreement/Proposal Id: 65069635 between the Town of Queensbury and
Direct Energy Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2021
through May 31, 2024 at the Fixed Price of $3.804 per MMBTU substantially in the form presented
at this meeting and authorizes and directs the Town Supervisor to execute the Agreement/Proposal Id:
65069635 and/or any other needed documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Budget Officer and/or Water Superintendent/Wastewater Director to take such other and further
actions as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of December, 2020, by the following vote:
AYES :
NOES :
ABSENT :
2
Dire
Energy
ausine s
NEW YORK CUSTOMER DISCLOSURE
Price Fixed Price : $3.804 per MMBTU
Variable Price : $0.998 per MMBTU
Fixed or Variable and, Nymex: Refer to Purchase Price on Transaction Confirmation and Special
if variable, how the Provisions section on Transaction Confirmation
price is determined
Length of the 36 Months
agreement and end
date
Process customer may Rescission without penalty not permitted
use to rescind the
agreement without
penalty
Amount of Early Non-defaulting party has the right to terminate and liquidate all
Termination Fee and Transactions, calculate a settlement amount by calculating the Liquidation
method of calculation Value for each Transaction and aggregate all amounts owing-See the
Remedies section of the CMA for more information
Amount of Late Interest will be assessed on the late balance at the lower of 1.5% per month
Payment Fee and or the maximum amount permitted by law See the Billing and Payment
method of calculation section of the CMA for more information
Provisions for renewal Automatically renews in successive one-month terms unless affirmatively
of the agreement renewed or terminated by either party.
Conditions under Savings compared to the Utility rate are not guaranteed
which savings to the
customer are
guaranteed
DireCtDirect Energy Business Marketing, LLC Date: 11/16/2020
EnergyFOA d/b/a Direct Energy Business Time: 1:58 PM
194 Wood Avenue South, Second Floor, Iselin, NJ 08830 Proposal Id:65069635
1.888.925.9115 Marketer Name: Loucks,Todd
www.directgnergy.com
Customer Name: Queensbury, Town of New X� Renew
Contact Name: John Strough,Tt Lyr\ sj pervisnr Billing Contact:
Address: 823 Cornith Rd QUEENSBURY, NY 12804 US Billing Address:
Telephone: 5 i 6-%,18 Z Z t Fax: Telephone: Fax:
Email glOysu��rv's4-�gueet�sb� ,y:�et-
This Transaction Confirmation confirms the terms of the Gas Transaction entered into between Direct Energy Business Marketing,
LLC d/b/a Direct Energy Business ("Seller"), and the customer above("Buyer" or"Customer") pursuant to the terms of the Commodity
Master Agreement(CMA)between Buyer and Seller dated February 26, 2019 as may be amended. The Purchase Price excludes
Utility distribution charges and Taxes that are or may be the responsibility of Buyer. Gas volumes will be adjusted for Utility line loss,
where applicable. The prices listed below are based on market conditions as of the time, stated above,that this Transaction
Confirmation was issued and may be adjusted by Seller to reflect market conditions as of the date it is executed and returned by
Buyer.THIS TRANSACTION CONFIRMATION WILL NOT BE EFFECTIVE UNTIL SIGNED BY BOTH PARTIES.
SERVICE LOCATIONS
(Additional pages may be attached if necessary)
Service Address Utility Account Number Rate
823 CORINTH RD 26991-71001 SC2
823 CORINTH RD 56906-32006 SC2
51 QUAKER RD 34914-34106 SC2
1153 STATE ROUTE 9 07770-65004 SC2
4 WILLOWBROOK DR 08371-39018 SC2
20 WEEKS RD 03071-68010 SC2
21 QUAKER RD 64714-33106 SC2
742 BAY RD 65825-78109 SC2
81 GLENWOOD AVE 98114-33109 SC2
823 CORINTH RD 80904-54003 1 SC2
DELIVERY PERIOD
Begin:06/01/2021 End: 05/31/2024
The service start date hereunder will be the date that the Utility enrolls Customer for Seller's service. Seller will request the Utility to
enroll Customer on the first meter read date within the Delivery Period.
Upon the expiration of the Delivery Period, this Transaction shall continue for successive one month terms (collectively the"Renewal
Term")until either Party notifies the other Party in writing of its intention to terminate, at least 15 days prior to(1)the end of the
Delivery Period or(2)during the Renewal Term, the earlier of the end of each successive month Renewal Term or the next cycle read
date.After notice is given as contemplated in the previous sentence, the date of termination ("Termination Date")shall be the
next effective drop date permitted by the Utility. The Purchase Price for delivery to the Delivery Point during the Renewal Term or for
any period outside of the Delivery Period, shall be the then Market Price for delivery to the Delivery Point, unless otherwise agreed to
in writing.
DELIVERY POINT
National Grid (Upstate)/NGRID CNE07 MO DTI
CONTRACT QUANTITY(MMBTU)
Buyer and Seller agree that the Contract Quantity purchased and received means a positive volume up to or greater than the
estimated quantities listed below, provided, that for purposes of determining whether a Material Deviation has occurred and for
purposes of calculating Contract Quantities remaining to be delivered under the Remedies section of the CMA, Contract Quantity shall
be determined by reference to the applicable estimated quantity(ies)listed below.
Daily X Monthly
June 235 December 1449
July 228 January 1649
August 228 February 1386
September 283 March 1231
October 667 April 698
November 1040 May 355
PURCHASE PRICE
Please initial option desired:
Fixed Price : $3.804/MMBTUX Nymex Plus : $0.998/MMBTU
SPECIAL PROVISIONS
For inquiries related to your purchase, or for any other questions or complaints against Seller, please contact Seller at the address
above. For general inquiries related to the sale and delivery of Gas you may contact the New York Public Service Commission,
Department of Public Service ESCO hotline at 1-888-697-7728; write the PSC at the Office of Consumer Education &Advocacy, Three
Empire State Plaza,Albany, NY 12223,or visit the PSC's website at http://www.dps.state.ny.us.
Buyer represents and acknowledges that: (a)any rights to a rescission period, longer grace periods or notice periods afforded to
residential Buyers do not apply; and (b) upon any discontinuance of service by Seller, Seller will return Buyer to full Utility service by
the next effective drop date permitted by the Utility, upon at least fifteen (15)days prior notice, provided that the utility has not already
disconnected delivery of the service. If the Utility disconnects delivery of the service, then, effective immediately, Seller will not be
responsible to provide Gas or any service under this Transaction Confirmation.
Buyer represents and warrants that(i)it will provide, to Seller, information reasonably required to substantiate its Gas usage, including
information regarding its business, locations, meter/account numbers, historical/projected usage, time of use, hours of operation, utility
rate classes, agreements, schedules, which in substantial part form the basis for the calculation of charges for the Transaction
hereunder; (ii)acceptance of this Transaction Confirmation constitutes an authorization for release of such usage information; (iii) it will
assist Seller in taking all actions necessary to effectuate transactions, including, if requested, executing an authorization form
permitting Seller to obtain its usage information from third parties; (iv)the usage information provided is true and accurate as of the
date furnished and as of the effective date of the Transaction; (v)it may rescind the authorization for release of such information at any
time, upon prior written notice; provided however, that such rescission will be considered a Default by Buyer; and (vi) neither it, nor any
transaction, has been solicited through"door-to-door sales" (as such term is defined under the Uniform Business Law§349-d, and
Buyer acknowledges that this representation is a material inducement to Seller entering into this Transaction Confirmation.
*According to the State of New York Public Service Commission's Uniform Business Practices, residential Buyers have the right to
cancel a sales agreement, without penalty, within three business days after its receipt.
d"
"According to the State of New York Public Service Commission's Uniform Business Practices and the State of New York General
Business Law§349-d for transactions solicited through "door-to-door sales" Buyers may not be charged a termination or early
cancellation fee in excess of the greater of: (i) $100 if the remaining term is 12 months or less and$200 if the remaining term exceeds
12 months, or(ii)twice the estimated commodity supply bill for an average month, provided that an estimate of an average monthly bill
was provided to the Buyer when the offer was made by the Seller along with the amount of any early termination fee based on such
estimate.
NYMEX Plus with Trigger: For each month of the Delivery Period, the Purchase Price for the Contract Quantity, subject to the Gas
Settlement Adjustment provision, will equal a fixed Basis charge of$0.998/MMBTU, plus the Commodity charge for that month.
Unless the Commodity charge has been set by agreement of the Parties in accordance with the instructions detailed below, the
Commodity charge shall be the per Dth price equal to the settlement price on the expiration date for that month's New York Mercantile
Exchange Henry Hub natural gas futures contract("NYMEX Contract").
Buyer may fix the Commodity charge for blocks of Commodity through a Buyer-initiated trigger process ("Trigger Order"). Trigger
Orders may be initiated for a specific individual month ("Monthly Order")or for a specific set of contiguous months within the duration of
the Delivery Period ("Strip Order"). Trigger Orders are filled on a best efforts basis during operating hours. The Commodity charge
may be fixed by agreement of the Parties at any time prior to 1:00 PM on the expiration date of the applicable month's NYMEX
Contract.
Buyer acknowledges that the Commodity charge may be set(fixed)for a period up to, but in no event beyond the"Max Commodity
Date". The Max Commodity Date is defined as the latest date up to which the Parties may fix the Commodity charge, and is posted on
your online account portal. Seller reserves the right to amend these date restrictions at its sole discretion.
Buyer's "Responsible Trigger Contact(s)"have been identified as John Strough [JohnS@queensbury.net]. Seller will generate a
confirmation to be sent to Buyer's Responsible Trigger Contact each time the Commodity charge is fixed ("Trigger Confirmation"). Each
such Trigger Confirmation will be made a part of, and is not a replacement for, this Transaction Confirmation.All orders are binding
upon being filled.Any notices regarding Trigger Confirmations must be sent to trigger@directenergy.com. Changes to the Responsible
Trigger Contact must be communicated in writing through your Direct Energy Business Development Manager.
Change in Utility Account Numbers:
The account number for a Service Location shall be the Utility Account Number set forth in the Service Locations section above or as
attached, as applicable, or any replacement account number issued by the Utility from time to time.
Fixed Price: The Purchase Price for the Contract Quantity, unless otherwise specified in this Transaction Confirmation is$3.804/
MMBTU
Buyer acknowledges that it is acting for its own account, and that it has made its own independent decisions with respect to this
Transaction Confirmation and that Seller is not acting as a fiduciary, financial, investment or commodity trading advisor for it in
connection with the negotiation and execution of this Transaction Confirmation.
Full Plant Requirement—No GSA
TAX EXEMPTION STATUS- If exempt, must attach certificate
In order to insure accurate billing,tax status indication is required. Please check the appropriate status below:
L] Non-Exempt
A Exempt(e.g. Residential, Non-Profit Organization, Manufacturing, Small Business,Agricultural, Resale, etc.)
Buyer: Queensbury, Town of Seller: Direct Energy Business Marketing, LLC
By: By:
Name: 3�,hn . Strou�i, 3 Name:
F
Title: Title:
Date: i z ' ! zv zo Date:
Proposal ID: 65069635
Internal ID: 00011131 -CMA V.3