Purchase of Electricity

DETAILED SPECIFICATIONS AND BID DOCUMENTS
FOR THE PURCHASE OF ELECTRICITY
CITY OF BUFFALO
DEPARTMENT OF PUBLIC WORKS
Bids to be opened on June 17, 2026, 11:00 AM at:
CITY HALL
65 NIAGARA SQUARE
ROOM 502
BUFFALO, NY 14202
Name of Bidder: _________________________
Address: _________________________
_________________________
Telephone: _________________________
Fax: _________________________
Prepared By:
Fluent Energy City of Buffalo
325 Delaware Ave Department of Public Works
Suite 210 AND Room 502 City Hall
Buffalo, New York 14202 Buffalo, NY 14202
Telephone: (716) 842-1710 Telephone: (716) 851-5636
Fax: (716) 842-1705 Fax: (716) 851-4201

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
TABLE OF CONTENTS
Pages
1.0 SCOPE ........................................................................................................................... 4
2.0 CONTRACT TERM ......................................................................................................... 4
3.0 QUANTITY ...................................................................................................................... 4
4.0 PRICE AND REPORTING .............................................................................................. 4
5.0 METHOD OF TENDERING PROPOSALS ...................................................................... 5
6.0 QUALIFICATIONS FOR BIDDING .................................................................................. 5
7.0 METHOD OF AWARD .................................................................................................... 6
8.0 GENERAL PROVISIONS ................................................................................................ 7
9.0 DEFINITIONS ................................................................................................................ 7
10.0 ASSIGNMENT AND SUBCONTRACTING ...................................................................... 8
11.0 REFUND ......................................................................................................................... 8
12.0 MONTHLY INVOICING AND MONTHLY PAYMENT ...................................................... 8
13.0 TAXES ............................................................................................................................ 9
14.0 FORCE MAJEURE.......................................................................................................... 9
15.0 SERVICE INTERRUPTION AND CONTRACT CANCELLATION .................................... 9
16.0 TERMINATION FOR CAUSE .......................................................................................... 9
17.0 SUBSEQUENT CHANGES TO TARIFF ............................................. .................. 10
18.0 HOLD HARMLESS ....................................................................................................... 10
19.0 GOVERNMENT AUTHORIZATION ............................................................................... 10
20.0 HEADINGS ................................................................................................................... 10
21.0 INTERPRETATION OF SPECIFICATIONS/RESULTING CONTRACT ......................... 10
22.0 NOTICES ....................................................................................... .......... ...10
23.0 GOVERNING LAW/VENUE..............................................................................11
24.0 NON-COLLUSIVE BIDDING CERTIFICATION ............................................................. 11
25.0 SECTION 103-a MUNICIPAL LAW ............................................................................... 11
26.0 SECTION 220-E LABOR LAW ...................................................................................... 12
EXHIBIT 1: ACCOUNT INFORMATION (on request, see Section 8.3)
EXHIBIT 2: ACKNOWLEDGMENT OF BIDDER
EXHIBIT 3: AFFIDAVIT REGARDING COLLUSION
EXHIBIT 4: BID RESPONSE FORM
2

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
Sealed proposals for:
PURCHASE OF ELECTRCITY
will be received by the Commissioner of Department of Public Works
WEDNESDAY, JUNE 17, 2026 @ 11:00 AM
It is the bidder's responsibility to ensure the sealed proposal is delivered before the bid opening and bidders
must utilize one of the following methods:
1.) Drop off the sealed proposal to Room 502 of City Hall, Buffalo, New York, 14202 on Wednesday, June
17, 2026 between the hours of 9:00 AM and 11:00 AM. The DPW will set a bid box up just inside
Room 502 for the bidder to deposit the sealed proposal. There may be multiple bids on this date;
it is the bidder's responsibility to properly label the sealed proposal and place the proposal inside
the correct box.
2.) Mail the sealed proposals to Room 502, City Hall, Buffalo, New York, 14202 with ATTN to the
Commissioner of Department of Public Works. Bidders should allow for delivery before the bid
opening. It is also highly encouraged that bidders track delivery of their mailed proposals and use
appropriate priority mail as necessary. City of Buffalo staff is available to accept deliveries on
standard business days Monday-Friday from 8:00 AM to 4:00 PM.
Bids will be opened by City of Buffalo Representatives on WEDNESDAY, JUNE 17, 2026 at 11:00 AM LOCAL
TIME via video/phone conference call. Bidder representatives can view the public bid opening by emailing
Alexander Bullers at abullers@buffalony.gov by 5:00 PM on Tuesday, June 16, 2026 to be added to the
meeting invitation. An updated meeting invitation will be sent prior to the bid opening to all who request to
be added.
Bid documents and addenda can be viewed at www.buffalony.gov/bids . Bidders must acknowledge receipt of
all addenda by securely stapling in place all addenda within the front or back covers of the proposal book. All
addenda so issued shall become part of the Contract Documents.
The City of Buffalo will not be responsible for full or partial set of Contract Documents, including any addenda
obtained from any other source. The City of Buffalo reserves the right to reject any and all bids and to waive any
informalities therein.
Questions regarding the Contract Documents should be directed to Edward Doll at edoll@fluentenergy.com.
Bidders shall promptly notify Edward Doll at edoll@fluentenergy.com of any errors, omissions, conflicts or
ambiguity within the Contract Documents. No questions or inquiries regarding this bid will be accepted within
three (3) business days prior to the bid opening.
Each bidder's attention is called to the General Municipal Law, which requires a bidder's Certification of Non-
Collusion. Copies of such Certificates are part of the Proposal Form and, unless complied with, the bid will not be
accepted.
3

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
BIDDERS MUST SUBMIT PRIOR TO AWARDING OF A CONTRACT A STATEMENT INDICATING THAT THEY WILL
WORK TOWARD A MINORITY WORKFORCE GOAL OF 25% AND A WOMEN WORKFORCE GOAL OF 5%. IN
ADDITION, A STATEMENT MUST BE SUBMITTED PRIOR TO THE AWARDING OF A CONTRACT INDICATING THAT
THE BIDDER WILL WORK TOWARD A BUSINESS UTILIZATION GOAL FOR MINORITY BUSINESS ENTERPRISE OF
25% AND WOMEN BUSINESS ENTERPRISE OF 5%.
1.0 SCOPE:
This invitation and specification for competitive bids sets forth the terms of an electricity supply
contract for the City of Buffalo ("PURCHASER"), as set forth hereafter. The PURCHASER's
accounts are all located in the National Grid utility territory, Zone A.
These specifications and the anticipated electric supply contract are governed by the prevailing
laws of New York State and are intended to serve the best interests of PURCHASER by assuring
a reliable supply of low cost electricity delivered to the meters of PURCHASER's facilities.
2.0 CONTRACT TERM:
The term shall commence immediately following the July 2026 meter cycle read date, which the
successful SUPPLIER may enroll the City of Buffalo's accounts into its retail access program. The
initial term will conclude after 12 months on the July 2027 meter cycle date. An additional one (1)
year extension may apply upon mutual agreement of both parties.
3.0 QUANTITY:
3.1 Subject to the terms and conditions of the contract, the successful BIDDER agrees to
provide electric supply for the PURCHASER's accounts (EXHIBIT1) and PURCHASER
agrees to purchase said electric supply in accordance with the usage for said accounts as
reported by the utility (and subject to any corrections and re-billings) during the applicable
meter periods.
4.0 PRICE AND REPORTING:
The BIDDER is requested to provide a single pricing quote for all accounts listed in EXHIBIT 1 in
the space provided on BID RESPONSE FORM, EXHIBIT 4.
4.1 The BIDDER is requested to provide a firm fixed ADDER to the hourly NYISO Zone "A"
Day Ahead Market LBMP Index (with losses, capacity, and NYS Clean Energy Standard
charges passed-through), and utilizing the DUAL BILL invoicing method. Please see
Section 9.1 for detailed Adder and Pricing calculation.
4.2 The BIDDER may not impose any bandwidth requirements on consumption volumes.
4

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
4.3 The PUCHASER requests to allow the addition or deletion of accounts as electric service
is connected or disconnected by National Grid in an aggregate quantity not to exceed +/-
1,000,000 kWh without penalty or change in pricing.
4.4 The BIDDER will certify that it utilizes current load profiling statistics provided by National
Grid, as updated twice per year, for the purposes of computing hourly billing quantities for
non-hourly metered accounts.
4.5 The BIDDER will certify that it utilizes actual hourly metered data for billing hourly
quantities as provided by National Grid where available. The City's hourly metered
accounts are identified on EXHIBIT 1.
4.6 The SUPPLIER's contract may not include a change in law provision that includes
changes in capacity obligations as part of its definition. No additional charges beyond
those typically part of the capacity pass-through billing formula may be applied due to
National Grid updating its capacity tag assignments.
4.7 The SUPPLIER's contract must include the ability for the PURCHASER to lock in portions
of its expected Day-Ahead Market exposure at fixed rates. This option will be provided at
no additional markup during the contract term.
4.8 PURCHASER is Exempt from NYS Sales Tax
4.9 Electricity supply charges shall be itemized in a separate detailed invoice for each account
that reflects, at a minimum, the following cost components: meter usage, Day- Ahead
Market rate, Line losses, Capacity, ADDER, NYSERDA/ NYS Clean Energy Standard
Charges, Transmission Owner Transmission Solutions (TOTS) charges, NY
Transmission/PPTP charges, and total supply cost.
4.10 The successful BIDDER shall be responsible for any Penalties imposed by the utility, the
NYISO, or any other entity that are the result of the successful BIDDER's failure to meet
its obligations as an approved supplier and/or market participant, as said obligations are
defined by any and all applicable entities in New York State's deregulated market.
5.0 METHOD OF TENDERING PROPOSALS:
5.1 All proposals must be provided in hard copy form at the address listed on the cover of this
document by the date and time provided. No e-mails or faxes will be accepted.
5.2 All BIDDERS must tender their proposals on the forms furnished with these specifications.
Signatures and quotations on Exhibits 2, 3, and 4 are not required to be provided in the
form of original handwriting. Signatures and Notary Signatures may be copies of original
signatures or printed electronic representations of signatures, however, the City reserves
the right to require a follow-up notarized original signature. Any deviation, or minor
variations shall be specifically shown and stated in the space provided on the bid sheet
and only those deviations or minor variations stipulated or permitted by PURCHASER in
its sole discretion will be considered.
5

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
5.3 No person, co-partnership, or corporation, shall submit more than one proposal, either
directly or by agent. Each BIDDER shall sign said proposal with its full name, and, if a
partnership, each partner must sign; if a corporation, the corporate name shall be signed
and acknowledged by a duly authorized official thereof.
6.0 QUALIFICATIONS FOR BIDDING:
6.1 PURCHASER or its AGENT reserves the right to conduct any investigations necessary to
verify information submitted by BIDDER and/or to determine BIDDER's capability to fulfill
the terms and conditions of the bidding documents and the anticipated electric supply
contract. This right shall continue throughout the Contract Term set forth hereinabove.
6.2 Any BIDDER that is in bankruptcy or in the hands of a receiver at the time of tendering a
proposal or at the time of entering a contract may not be considered by PURCHASER or
its AGENT. In the event that a successful BIDDER subsequently enters into bankruptcy
or is in the hands of a receiver at any time during the Contract Term, or is deemed in the
exclusive opinion of the PURCHASER to be in jeopardy of not being able to fulfill the terms
of the parties' contract, the PURCHASER may require a performance bond or other
guarantee that said BIDDER shall meet its obligations as set forth herein, or the
PURCHASER may elect to terminate the contract(s), subject to any existing obligations,
including financial positions taken by or on behalf of the PURCHASER, and further subject
to any bankruptcy laws that might affect PURCHASER's chosen remedy.
6.3 PURCHASER or its AGENT reserves the right to visit a prospective broker/marketer's
place of business to determine the existence of the company and the management
capabilities required to administer any resulting contract. This right shall continue
throughout the Contract Term set forth hereinabove.
6.4 With the bid proposal, there shall be submitted a list of three (3) references which shall
include a utility company, past and present clients. The name, address and telephone
number for each reference shall be provided.
7.0 METHOD OF AWARD:
7.1 The contract shall be awarded, subject to the provisions set forth in Section 8.0 hereafter,
to the lowest responsible BIDDER. A BIDDER shall be considered lowest based on the
provisions set forth in Paragraph 7.3 below. A BIDDER shall be considered responsible
when it:
7.1.1 Has the demonstrated experience and capability to reliably serve customers in the
National Grid utility territory in accordance with the tariffs and general operational
procedures of National Grid, the Public Service Commission, the NYISO, and any
other applicable entities; and
7.1.2 Is qualified, in the judgment of PURCHASER, to provide the services as
contemplated herein and required to meet the needs of the PURCHASER's
6

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
subgroup members.
7.1.3 Has fully completed each field of the Bid Response Form, EXHIBIT 4, quoting all
requested pricing options.
7.2 PURCHASER reserves the right to award the contract within forty-eight (48) hours after
the opening date of the bids. Bids may not be withdrawn during this forty-eight (48) hour
period unless the BIDDER expressly states in its bid that acceptance must be made in a
shorter period. PURCHASER expects to award contract on the date of bid opening unless
delays arise due to exceptions or contract language or other issues.
7.3 The determination of the lowest BIDDER will be based upon the lowest ADDER listed on
EXHIBIT 4 submitted by a responsible BIDDER for the Contract Term.
8.0 GENERAL PROVISIONS:
8.1 A BIDDER will not be allowed to take advantage of any errors or omissions in its bid.
PURCHASER reserves the right to reject any and all bids on any or all items in the
proposal, even if its actions result in a failure to award any bid whatsoever, and to waive
any provisions set forth in these specifications.
8.2 PURCHASER's intends to award all accounts to a single BIDDER.
8.3 To obtain EXHIBIT 1 (in spreadsheet form), a Letter of Authorization to obtain account
history, or for any questions regarding these specifications or intent of these specifications,
please contact Edward Doll of Fluent Energy via email at edoll@fluentenergy.com.
8.4 The City requests that Bidders forward draft contracts WITHOUT PRICING in advance of
bid opening to the City's agent at the following email address: edoll@fluentenergy.com.
Please send draft contracts as soon as is practicable.
8.5 While BIDDERS may include executable contracts with their hard copy bid package, the
City asks that all BIDDERS be prepared to email contracts after the bid opening. After the
bid opening, the City may request that 1 or more BIDDERS email executable contracts to
aid in bid evaluation.
8.6 The City will execute the successful BIDDER's contract documents to the extent they do
not materially conflict with the Bid Specifications. BIDDERS should include exceptions
with their bid response as applicable.
8.7 The specifications, invitation for bids, and the successful BIDDER's response, which shall
be signed and executed by all parties, shall thereafter be deemed to be the electric supply
contract.
9.0 DEFINITIONS:
9.1 ADDER - Encompasses all charges not related to the NYISO Day-Ahead Market, line
losses, capacity, NYSERDA/ NYS Clean Energy Standard, Transmission Owner
7

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
Transmission Solutions (TOTS) charges, and NY Transmission/PPTP charges. The fixed
ADDER includes, but is not limited to: Marketer/broker profit margin, Ancillary Service
charges (including NYPA Transmission charges), Unaccounted for Energy ("UFE"), and
any applicable taxes.
The ADDER is billed according to the PURCHASER's metered energy usage. Capacity
will be pass-through billed according to the number days in the applicable period and
follow the formula: ICAP Tag (kW) x Installed Reserve Margin % x (1- EFORd Deration
%) x (1+ Spot Market Excess %) x ROS Spot Auction Price $/kW/month.
Indexed energy at the NYISO Zone A Day Ahead Market LBMP price, line losses
(according to applicable National Grid tariff factors), and NYSERDA/ NYS Clean Energy
Standard related charges (including T1 RECs, ZECs, Tier 4, BES, & Offshore Wind) shall
be passed-through according to the PURCHASER's metered energy usage. The
SUPPLIER may not pass-through Real-Time Market LBMP charges.
9.2 DUAL BILL - Billing method by which the SUPPLIER's electricity supply charges are billed
directly to the PURCHASER, separate from National Grid's monthly invoice.
9.3 AGENT - The entity officially designated by PURCHASER to act on its behalf in connection
with the competitive bid process, administration of an electric supply contract and
monitoring of the BIDDER's procurement of electricity supplies for the PURCHASER's
accounts. Fluent Energy is the current designated AGENT.
9.4 BIDDER - Any BIDDER to whom a contract may be awarded based on their bid response.
9.5 LDC - National Grid Company.
9.6 NYISO - The New York State Independent System Operator
9.7 PURCHASER - The party awarding the supply contract contemplated herein (e.g. City of
Buffalo).
9.8 SUPPLIER - Any BIDDER to whom a contract award has been made by the
PURCHASER.
10.0 ASSIGNMENT AND SUBCONTRACTING:
The successful BIDDER shall not assign, transfer or sublet, subcontract, or otherwise dispose of
the contract, or any part thereof, or any right, title, or interest thereunder, without the expressed,
prior written consent of PURCHASER.
11.0 REFUND:
PURCHASER will be entitled to a refund of any substantiated overcharges discovered within one
(1) year after the billing date if the claim therefore is made within two (2) months after discovery.
Such refunds shall be made or credited within thirty (30) days after receipt of a claim and shall
bear interest (from the date of erroneous payment) at the rate established by the State of New
8

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
York per Chapter 153, Laws of 1984. The successful BIDDER shall likewise be entitled to bill and
to be paid for any substantiated undercharges discovered within one (1) year after the original
billing date if the corrected billing is made within two (2) months after discovery. There shall be
no limitation on the time period during which PURCHASER may obtain a refund of BIDDER's
intentional overcharges, or overcharges resulting from BIDDER's gross negligence. This Section
shall not be deemed to limit the PURCHASER's right to recover and/or receive any refunds,
credits or reimbursements of any kind that may be directed/ordered at any time by the New York
State Department of Public Service, Federal Energy Regulatory Commission, or any other
applicable or governing body.
12.0 MONTHLY INVOICING AND MONTHLY PAYMENTS:
Where invoiced according to the DUAL BILL method, payment will be made within thirty (30) days
upon the successful Bidder's submission of detailed invoices to PURCHASER in accordance with
the terms and provisions of Paragraph 4.1 hereinabove.
13.0 TAXES:
The BIDDER shall be responsible for payment of any and all taxes under the resulting contract,
including any applicable taxes, and this shall be reflected in its ADDER, as applicable.
14.0 FORCE MAJEURE:
14.1 Neither party hereto shall be liable for any failure to perform the terms of the contract when
such failure is due to "force majeure" as hereinafter defined. The term force majeure as
employed in this specification shall mean acts of God, strikes, civil disturbances, interruption
by government or court orders, present and future valid orders of any regulatory body having
proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, explosions,
breakage or freezing of transmission lines, the making of repairs or alterations to
transmission lines or generation plants, mechanical breakdown of either parties' facilities,
the failure of any local distribution company to deliver electricity for operational reasons,
partial or entire failure of electricity supply or any other cause, whether the kind enumerated
above or otherwise so long as the causes are not reasonably within the control of the party
claiming force majeure. The force majeure shall, so far as possible, be remedied in a
commercially reasonable and timely manner.
14.2 It is agreed that the party claiming force majeure shall give prompt certified written notice to
the other party of such force majeure, including a specific description of the circumstances
justifying said claim, within three (3) days of the occurrence.
15.0 SERVICE INTERRUPTION AND CONTRACT CANCELLATION:
In the event that the delivery of electricity supply to PURCHASER is interrupted for any reason,
including any event that might qualify as force majeure pursuant to Section 14 hereinabove,
PURCHASER reserves the right to obtain its energy needs, all or a part thereof, from other
9

DETAILED SPECIFICATIONS FOR THE
PURCHASE OF ELECTRICITY
sources. PURCHASER or its AGENT may elect to supplement the interrupted supply with other
energy sources or elect to terminate the contract by giving the successful BIDDER written notice
not less than 10 days prior to the date of termination specified within the notice.
16.0 TERMINATION FOR CAUSE:
Both PURCHASER and the successful BIDDER shall each have the right to terminate the contract
in the event of default by the other party. The right to terminate the contract is conditioned upon
prior written notice, of no less than 10 days to the defaulting party by certified prepaid mail (return
receipt requested). The defaulting party shall have ten (10) days after the receipt of such notice
to remedy such default. If the default is remedied within said ten (10) days, the contract shall not
be terminated.
17.0 SUBSEQUENT CHANGES TO TARIFF:
Any response provided by a BIDDER is presumed to reflect both their comprehension and
acceptance of any risk associated with the fact that the LDC's tariff is subject to change at some
future date during the term of this bid, and any resulting contract awarded hereunder shall bind
both the PURCHASER and BIDDER to its terms, irrespective of any subsequent changes to the
LDC's tariff or operating procedures.
18.0 HOLD HARMLESS:
The successful BIDDER shall be solely liable and responsible for and shall indemnify, protect,
save harmless and undertake the defense of PURCHASER from all losses, claims (whether
groundless or not), damages, injuries (including death), suits, actions, debts, accounts, liens,
liabilities, costs and expenses, including, without limitation, legal fees and costs incurred and/or
caused by any act or omission by the BIDDER, or its respective officials, officers, employees,
agents or transporters in connection with the successful BIDDER's sale of electricity supply to
PURCHASER.
19.0 GOVERNMENT AUTHORIZATION:
The contract shall be subject to all valid applicable local, state, and federal laws and the orders,
directives, rules and regulations of any governmental body or official having jurisdiction. The
contract shall only be amended by a written instrument executed by the parties hereto. The
contract contains the entire understanding of the parties with respect to the matter contained
herein. There are no promises, covenants, or undertakings other than those expressly set forth
herein.
20.0 HEADINGS:
The headings used throughout these specifications and resulting contract are set forth for
reference purposes only, and are not to be taken into account in construing the terms and
provisions of any Section, or to be deemed in any way to qualify, modify, or explain the effects of
any such term or provision.
10