4.06 4.6
AGREEMENTS\NRG—Natural Gas thru MEGA Program—6-1-24 thru 4-15-2024-4-15-2024
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND NRG BUSINESS MARKETING LLC FOR
POWER SALE -NATURAL GAS -THROUGH MEGA PROGRAM
RESOLUTION NO.: 12024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 395,2020, the Queensbury Town Board authorized an
Agreement through the Municipal Electric & Gas Alliance (MEGA) through May 31, 2024 in an
effort to reduce natural gas costs, and
WHEREAS, the Town wishes to continue with the MEGA Program and enter into an
Agreement with NRG Business Marketing LLC (NRG) commencing 06/01/2024 through
05/31/2027 at the Fixed Price of $4.238 per MMBTU as set forth in NRG's 04/11/2024
Agreement/Proposal Id: 68639518,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Agreement/Proposal Id:
68639518 dated 04/11/2024 between the Town and NRG Business Marketing, LLC (NRG)
commencing 06/01/2024 through 05/31/2027 at the Fixed Price of $4.238 per MMBTU and
authorizes and directs the Town Supervisor to execute such Agreement/Proposal in substantially the
form presented at this meeting 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.
Duly adopted this 15t'day of April, 2024,by the following vote:
AYES
NOES
ABSENT :
2
0 NEW YORK CUSTOMER DISCLOSURE
1'11"+C�.
Price Your price is $4.238 per MMBTU. This price may change pursuant to the
Purchase Price section (or Changes to Purchase Price section, as
applicable) of the CMA and the Purchase Price section of the Transaction
Confirmation.
Fixed or Variable and, if variable, Fixed: Refer to Purchase Price on Transaction Confirmation and Special
how the price is determined Provisions section on Transaction Confirmation.
Length of the agreement and end 36 Months
date
Process customer may use to Rescission without penalty not permitted
rescind the agreement without
penalty
Amount of Early Termination Fee Nan - defaulting party has the right to terminate and liquidate all
and method of calculation Transactions, calculate a settlement amount by calculating the Liquidation
Value for each Transaction and aggregate all amounts owing - See the
Remedies section of the CMA for more information
Amount of Late Payment Fee and Interest will be assessed on the late balance at the lower of 1 .50% per
method of calculation month or the maximum amount permitted by law See the Billing and
Payment section of the CMA for more information
Provisions for renewal of the Automatically renews in successive one-month terms unless affirmatively
agreement renewed or terminated by either party.
Conditions under which savings to Savings compared to the Utility rate are not guaranteed
the customer are guaranteed
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NRG Business Marketing LLC Date: 04/11 /2024
Xw 804 Camegie Center, Time: 07:55 AM
Princeton, NJ , 08540 Proposal Id: 68639518
n rg. 1 ,844,737.6742 Marketer Name: Mueller, Stephen
nrg.com
CUSTOMER • - •
Customw Name: Queensbury, Town of Type: Renewal
Contact Name: John Strough Billing Contact:
Address: 823 Cornith Rd, QUEENSBURY, NY 12804 Billing Address:
US
Telephone: Fax: Telephone: Fax:
Email: JohnSoqueensbury.net
NATURAL • N CONFIRMATION AND CUSTOMER DISCLOSURES
This Transaction Confirmation confirms the terms of the Gas Transaction entered into between NRG Business
Marketing LLC ("Seiler"), 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 981 14-33109 SC2
823 CORINTH RD 80904-54003 SC2
Payment Terms: [30] days
Late Fee: [1 .50]% or, if lower, the maximum amount permitted by law.
DELIVERY PERIOD
Begin: 06/01 /2024 End: 05/31 /2027
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.
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1 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) I 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(les) listed below.
Volume Type : Monthly
June 303 December 11777
July 297 January 21033
August 297 February 11763
September 358 March 1 ,592
October 805 April 911
November 11316 May 451
PURCHASE PRICE
Fixed Price : $4.2381MMBTU
BILL TYPE
Dual
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://wwwr.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.
Page 2 of 4
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; (H) 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.
`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 (il) 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.
Buyer represents, warrants, and covenants that it is not a mass market customer as defined by the New York
Department of Public Service Commission, and therefore it has an annual gas consumption that exceeds 750
dekatherms. Buyer further agrees that if it is such a customer ("mass market" as defined above) or becomes
such a customer then such misrepresentation by Buyer is material, is a Default by Buyer, and notwithstanding
anything to the contrary herein, this Transaction Confirmation may be terminated by the 'Seller without further
notice or opportunity for Buyer to cure.
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.
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
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TAX EXEMPTION STATUS - If exempt, must attach certificate
In order to ensure accurate billing, tax status indication is required. Please cheek the appropriate status below:
U Non-Exempt
[j Exempt (e.g. Residential, Non-Profit Organization, Manufacturing , Small Business, Agricultural, Resale, etc.)
Buyer : Queensbury, Town of Seller : NRG Business Marketing LLC
By : By :
Name : Name :
Title : Title
Date : Date
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