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NASHUA POLICE
DEPARTMENT Date: June 23, 2022

Intradepartmental Communication

To: Kelly Parkinson, Purchasing Manager
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department ammunition and supplies

The below request is to purchase ammunition. The State of NH contract #8002360 awarded to Eagle
Point Gun/TJ Morris & Son is extended through October 31, 2022.

MAKE MODEL CALIBER | DESCRIPTION QUANTITY COST

Federal | BCONT3 9 MM 100 GRN no lead frangible | 100 cases $36,589.00
RHT ballisticlean 1000rd

Speer 54266 9 MM 147 GRN Gold Dot I! 12 cases $4,500.00
Hollow Point CCl 1000 rd

Federal | LE223N 223 62 GRN American Eagle 160 cases $23,027.20
FMJ — 500 rd

Federal | LE223T3 223 62 gr Federal Tactical 37 cases $8,682.79
Bonded — 200 rd

TOTAL: $72,798.99

The Nashua Police Department recommends purchasing the ammunition order from Eagle Point/TJ
Morris & Son of Thorofare, NJ under the NH state contract. Funding is available in the Police Ammunition
and Supply account General Fund budget.

Sincerely,

jut SA

Karen A. Smith
Business Manager

RESOLUTION R-20-076

Section 4. The City shall, and the officers, agents and employees of the City are hereby
authorized and directed to take such further action and execute such other documents, certificates
and instruments, as may be necessary or desirable to carry out and comply with the intent of this
Resolution, and to carry out, comply with and perform the duties of the City with respect to the
Agreement, the Escrow Agreement and the Energy Contract.

Section 5. The City has made certain capital expenditures in connection with the
acquisition of the Equipment prior to the date hereof, and the City expects to make additional
capital expenditures in connection with the acquisition of the Equipment in the future. The City
intends to reimburse itself for all or a portion of such expenditures, to the extent permitted by
law, with the proceeds of the Agreement or other tax-exempt obligations to be delivered by the
City. The maximum principal amount of the Agreement or other tax-exempt obligations
expected to be delivered for the Equipment is not expected to exceed $6,671,814.

Section 6. This Resolution shall take effect and be in full force immediately after its
adoption by the Board of Aldermen of the City.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-076

PURPOSE: Authorizing an energy performance contract and lease
financing arrangement

ENDORSERS: Mayor Jim Donchess
Alderman Richard A. Dowd

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: The maximum principal amount of the Agreement or other tax-
exempt obligations expected to be delivered for the Equipment is
not expected to exceed $6,671,814.

ANALYSIS

This resolution authorizes the City of Nashua to enter into an energy performance contract and
lease financing arrangement with Municipal Leasing Consultants, LLC for energy saving
equipment for the city’s two high schools.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing’. Also see NH RSA 33:9, which requires a 2/3 vote for passage of this resolution.

Approved as to form: Office of Corporation Counsel

By: /s/ Steven Bolton

Date: September 17, 2020

ENERGY PERFORMANCE CONTRACT
BETWEEN

Nashua School District

AND

Energy Efficient Investments, Inc.

ESCO Contract — Nashua Schools & EEI, Inc

Preamble

This Energy Performance Contract (hereinafter “Contract”) is entered into as of (“Effective
Date”) by _EEl, Inc. (hereinafter “ESCO”), a corporation having its principal offices at, with
offices at, 19 D Star Drive, Merrimack, NH 03054 and Nashua School District (hereinafter
“the Customer’), having its principal offices at 141 Ledge St, Nashua, NH 03060 for the

purpose of furnishing equipment and work specified herein (“Work”) designed to improve
energy efficiency and reduce operating costs at Customer properties (hereinafter the
“Premises’) listed in the Final Investment Grade Audit in Attachment 1.

This Contract is conditional on the Customer obtaining financing from a reasonably
acceptable lender or lessorin an amount not less than the Contract Price in Attachment 3 -
Project Cost on terms satisfactory to the Customer, provided Customer shall diligently
pursue such financing on such terms as are customary, reasonable and in compliance with
pertinent laws and regulations including, without limitation, financing arranged by ESCO.

2 ESCO Contract — Nashua Schools & EEI, Inc.

INDEX:

TL. Definitions 0... e cee ce cece cee e cece eee eeeeectseeeeeeeettseeeeeeeeetssseeeeeettseeeeesentttseeeees 4
2. Contract Documents 2.0.0.0... e eee ee cee e ee tet en tsueueeeeeeeeeeeeeeeeeeetettittistssseeseeeees 5
3. Representations and Warranties 000.00... cece ccc ete tee ce eee eee tbe cebttntetteateeaeeeees 5
4. Price and Terms..........00. 0c cece ccc cece ee tee eee eeececteeeeeeeeettseeeeeesestsseeeeeestssseeeesnstseeeeeees 6
5. The Work 0... ccece cece eee e cee eee nn eee ee eee eteee cesses tseeeeeeesttsseeeeeettisseetesettitieeeeenes 7
6. Performance and Evaluation Subsequent to Work ........0000.000c ccc cece ccc ctetetteseseeeeeees 15
7. Obligations of the Parties .......0..0.0 occ cece ede e eee eee b eb bobbi bbtttttteaeaeees 18
8. Insurance and Bond Requirements ..........0...0.00 coco cece eee c eee ee eee cet bb ete tt esate teeeeeeeeeeeens 20
9. General Provisions 0.0.0.2... ccc cece eet cee cee eeeeteeeeeeeeeteteeeeeeesetsseeeeeettttsseeeenetetieeeens 22
10. Contract Signatures 2.0.0.0... cece eee cbt Ede e Eee tee bbb eb cbt btttbtteaataeees 27
Attachment 1 - Final Investment Grade Audit. .......0000.00c cece cece cece eee bctettttseeeseseeees 28
Attachment 2 - Maintenance and Service Agreement. .......00.000000.0c cece ccc ccecettesteseeeeeees 42
Attachment 3 - Project Cost & Schedule of Values 0.000.000.0000... cccccee ccc ctetettesseseeeeeees 43
Attachment 4 - Measurement and Verification Plan .......00000000 occ ccc cect ceetesteseeeeeees 44
Attachment 5 - Major Equipment List (Bill of Materials) .....00000000 ccc eeteeeees 65
Attachment 6 — Scope of Work and Project Schedule......0.00.00000 cece ceetesteseseeeees 66
Attachment 7 - Additional Construction or Operational Requirements ..............0..0...0.0000 67
Attachment 8 — Standards of Comfort ...0......00000cccceececccec cee eeececee cet teeeeeeeetttseeeeesettsteeeees 68
Attachment 9 - Corporate Resolution, Certificate of Foreign Corporation ..............0.0...0...... 69
Attachment 10 - Substantial Completion .....0.0.......00ccc cece cece ecee eee ee eect tte tttttteeataeees 70
Attachment 11 - Final Acceptance... cect teste tebe tebe tee ccttttttttttieaeeeees 72
Attachment 12 — Customer Change Order Authorization form .....00...000.00.0000cccc ccc cetetteseeees 72

3 ESCO Contract — Nashua Schools & EEI, Inc.

1. Definitions
The following terms used within this Contract are defined as follows:

Energy Baseline - A calculation or measure of each type of energy consumed (or, as
appropriate, water consumed or operating and maintenance costs) in existing facilities at the
Premises prior to the installation of energy conservation measures or energy efficiency
measures as described in Attachment 4 - M& V Plan.

Energy Cost Savings Measures (ECMs)/Operating Cost Savings Measures (OCMs) - A
set of activities that result in savings of energy, water or operating and maintenance costs at
the Premises and described in detail in Attachment 2 - Maintenance and Service
Agreement. OCMs include any measures that eliminate and/or avoid expense as a result of
the installation or modification of equipment, or services performed by ESCO. OCMs do not
include any measures that produce savings solely because of a shift in the cost of personnel
or other similar short-term cost savings.

Energy Savings - The reduction in energy consumption or demand resulting from ESCO’s
ECMs/OCMs which shall include electric energy savings, gas energy savings, operational
savings, maintenance savings, water consumption savings and any other savings achieved
as a result of the Work as shall be determined after adjustments for variations in other
factors that might substantially affect the data such as weather, changesin operating
practices or other external influences.

Energy savings shall be determined by comparing the Energy Baseline with the energy
consumed (or demand) after ESCO has implemented ECMs/OCMs. A description of the
promised savings and the terms of the Performance Guarantee with respect to promised
Energy Savings is included in Attachment 4 - M & V Plan.

Final Completion - The date on which ESCO warrants by written notice in the form
provided in Attachment 1 - Final Investment Grade Audit and that all Work is completed
including all remaining items of Work identified in the notice contained in Attachment 10 —
Substantial Completion delivered at Substantial Completion.

Project Acceptance - The date wnen the Customer approves all Work warranted by ESCO
to be at Final Completion, including all remaining items of Work identified in the notice
delivered at the Substantial Completion date. Project Acceptance will not be made until
ESCO has demonstrated, through the Guidelines for Project Acceptance as described in
Attachment 11 - Final Acceptance, that all ECMs/OCMs are achieving all of the stated
savings in Attachment 4 - M & V Plan. Project Acceptance shall be by written notice in the
form provided in Attachment 11 - Final Acceptance.

Substantial Completion - The date on which ESCO warrants by written notice in the form

provided in Attachment 10 — Substantial Completion that installation of ECMs/OCMs is
substantially complete and the Customerhas accepted such ECM/OCM as installed.

4 ESCO Contract — Nashua Schools & EEI, Inc.

2. Contract Documents

The Contract consists of this document and all attachments, schedules and any
amendments or addenda thereto. In addition, all requirements set forth in the request for
proposals/qualifications (RFP) issued by Customer andin ESCO’s response, shall be part of
the Contract unless specifically excluded.

5 ESCO Contract — Nashua Schools & EEI, Inc.

3. Representations and Warranties
3.1 Representations and Warranties of Both Parties

Each party hereto represents and warrants to the other that:

(i) it has adequate power and authority to conduct its business as presently conducted or
contemplated hereby to be conducted, to enter into this Contract and to perform its
obligations hereunder;

(ii) It possesses full authority to execute and deliver this Contract and that it does not
contravene any applicable law, rule or regulation;

(iil) its execution, delivery and performance of the Contract have been duly authorized by,or
are in accordance with, its organic instruments, and this Contracthas been duly executed
and delivered for it by the signatories so authorized and it constitutes its legal, valid and
binding obligation;

(iv) its execution, delivery and performance of this Contract will not result in a breach or
violation of, or constitute a default under any agreement, lease or instrument to which itis a
party or by which it or its properties may be bound or affected; and

(v) it is has not received any notice, nor to the best of its knowledge, is there pending or
threatened any notice of any violation of any applicable laws, ordinances, regulations, rules,
decrees, awards, permits or orders that would materially and adversely affectits ability to
perform hereunder.

3.2 Representations and Warranties of ESCO

ESCO hereby warrants, represents and promises that:

(i) before starting to perform the Contract ESCO shall a) provide proof and documentation
that it is qualified, licensed or otherwise permitted to do business in the State of New
Hampshire including all required insurance and bonds pursuant to this Contract to the extent
not included in Attachment 9 - Corporate Resolution;

(ii) ESCO shall use subcontractors who are qualified, licensed and bonded in this State and
approved by Customer in writing to perform the Work so subcontracted pursuant to the
terms hereof:

(iii) ESCO has all requisite authority to license the use of proprietary property, bothtangible
and intangible, contemplated by this Contract:

(iv) equipment installed as part of the ECMs/OCMs will meet or exceed the equipment
standards set forth in Attachment 5 - Major Equipment List and

(v) ESCO acknowedges that Customer reserves the right to reject all non-conforming goods
and to cause their return for credit or replacement at Customer soption;

(vi) the equipment installed as part of the ECMs/OCMs is or will be compatible with all other
Premises’ mechanical and electrical systems, subsystems, or components with which such
equipment interacts, and that, as installed, neither such equipmentnor such other systems,
subsystems, or components will materially adversely affect each other as a direct or indirect
result of equipment installation or operation;

(vii) ESCO is financially solvent, able to pay its debts as they mature and possesses
sufficient working capital to complete the work and perform its obligations underthe

6 ESCO Contract — Nashua Schools & EEI, Inc.

Contract and has no outstanding and delinquent debt owed to the State of New Hampshire
or any political subdivision thereof,

(viii) ESCO has not directly or indirectly participated in any collusion or otherwise taken any
action in restraint of full competitive bidding with respect to this Contractor the solicitation
process leading to this Contract; and

(ix) ESCO has not paid, and agrees not to pay, any bonus, commission, fee or gratuity to
any employee or official of the state or municipal government or the Customer for the
purpose of obtaining this Contract or any other contract or award and thatno commissionor
other payment has been or will be received from or paid to any third party contingent upon
the award of any contract except as previously communicated to the Customer in writing
(and ESCO acknowedges that subsequent discovery of non-compliance with this provision
constitutes sufficient cause for immediate termination of this Contract and other remedial
action).

3.3 Representations and Warranties of the Customer
Customer hereby represents and warrants that:
(i) It is a tax exempt entity and, therefore, the Work required by this Contract may be subject

to tax exemption for New Hampshire sales or use tax purposes upon compliance with the
appropriate process.

7 ESCO Contract — Nashua Schools & EEI, Inc.