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Finance Committee Page 5
September 20, 2016

ON THE QUESTION

Alderman Siegel

| did have a question for Mr. Griffin on a school department expenditure and | recognize that we don’t have any
control over it but it seemed a little bit unusual to see a payment to the High Mowing School.

Mr. Griffin

| actually was able to meet with Dan Donovan after he had met with the Mayor on another matter and that is an
out-of-district tuition.

Alderman Siegel

We are paying for people to go to the High Mowing School for an out-of-district tuition?
Mr. Griffin

That was the account that was charged and that was the purpose of the expenditure.

Alderman Siegel

But that’s not a special education facility and | have my own viewpoints about what education may or may not
be received there. It struck me as a little bit unusual.

Mayor Donchess

The out-of-district account is a special education related account so this must be regarded as a special
education situation but we could inquire further and get back to you if you like.

Alderman Siegel

That would be great.

Mayor Donchess

Mr. Griffin, would you talk to him a little bit more about that?
Mr. Griffin

| don’t have a problem with that. | don’t know if there are any regulations about divulging purpose or not, I’m
not sure. Special education has a unique set of rules but | will certainly follow-up with Mr. Donovan.

Alderman Siegel

l’ve been to that school as a possible alternative education for my oldest daughter and that’s why | have the
opinion that | do, I’ll leave it at that.

MOTION CARRIED

Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC-12

Finance Committee Page 6
September 20, 2016

TABLED IN COMMITTEE

From: Dan Kooken, Purchasing Manager

Re: Contract Award for City Hall Elevator Modernization (Value: $184,000); Department: 126

Financial Services; Fund: Trust Fund; Accounting Classification: 81 Buildings and Improvements

e Tabled 8/3/16

PUBLIC COMMENT - None

POSSIBLE NON-PUBLIC SESSION

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:16 p.m.

Alderman Ken Siegel
Committee Clerk

£:00 PM

FINANCE COMMITTEE

SEPTEMBER 21, 2016
Aldermanic Chamber

ROLL CALL

PUBLIC COMMENT

COMMUNICATIONS

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

From:
Re:

John Griffin, Chief Financial Officer/Comptroller
Notification of Entry into Contract with a 3“ Party Supplier for Natural Gas Supply

Dan Kooken, Purchasing Manager

Purchase of Nashua Police Department Bulletproof Vests (Value: $26,950)
Department: 150 Police; Fund: 50% from 2015 Bulletproof Vest Partnership Grant
and 50% from NPD Protective Clothing

Dan Kooken, Purchasing Manager
Purchase of One (1) 2017 Ford Police Interceptor Utility Vehicle (Value: $35,244)
Department: 150 Police; Fund: CERF

Dan Kooken, Purchasing Manager
Purchase of Extrication Equipment Upgrade/Replacement (Value: $77,792)
Department: 152 Fire; Fund: Department of Homeland Security Assistance to Firefighters Grant

Dan Kooken, Purchasing Manager

Purchase of Three (3) Bard Air Conditioning Units (Value: $11,114)

Department: 157 Citywide Communications; Fund: Citywide Communications Capital Projects
Account

Dan Kooken, Purchasing Manager

Purchase of One (1) 10’ X 12’ Concrete Building to House a 50 KW Generator (Value: $38,645)
Department: 157 Citywide Communications; Fund: Citywide Communications Capital Projects
Account

Dan Kooken, Purchasing Manager
Heritage Rail Trail Electrical Installation (Value: Not To Exceed $67,000)
Department: 177 Parks & Recreation; Fund: Capital; Activity: Rail Trail Lighting

UNFINISHED BUSINESS — None

NEW BUSINESS - None

TABLED IN COMMITTEE

From:
Re:

Dan Kooken, Purchasing Manager

Contract Award for City Hall Elevator Modernization (Value: $184,000); Department: 126
Financial Services; Fund: Trust Fund; Accounting Classification: 81 Buildings and Improvements
Tabled 8/3/16

DISCUSSION

RECORD OF EXPENDITURES
PUBLIC COMMENT
NON-PUBLIC SESSION

ADJOURNMENT

City of Nashua

Financial Services Division

229 Main Street - Nashua, NH 03060 (603) 589-3171
Fax (603) 589-3209

September 14, 2016

TO: Mayor Donchess
Finance Committee

FROM: John Griffin, Chief Financial Officer/Comptroller

SUBJECT: Notification of entry into contract with a 3" party supplier for natural gas supply.

On Thursday, September gi 2016, Financial Services, 1n conjunction with the Nashua School District,
competitively solicited and entered into an agreement with a 3™ party energy supplier for the tariff-
controlled supply portion of its natural gas utility bills. Pursuant to the communication approved at the
September 7'", 2016 Finance Committee meeting, please find attached the executed contract (“Exhibit
A”), as well as the Commodity Master Agreement (“Exhibit B’’), which is referred to within the executed
contract.

Contract Terms:
Fixed Price: $5.280 per dekatherm
Fixed Term: 36 months beginning June 1, 2017

EXHIBIT A BW Direct:
WM Energy
Business
NEW HAMPSHIRE CUSTOMER DISCLOSURE STATEMENT
To the Commodity Master Agreement between
Direct Energy Business Marketing, LLC d/b/a Direct Energy Business
and
Nashua, City of A/F Multiple customers as set forth on Exhibit A
Competitive Natural Gas | Direct Energy Business Marketing, LLC d/b/a Direct Energy
Supplier (“CNGS") | Business,
Information One Hess Plaza, Woodbridge, NJ 07095,

Phone: 1-800-437-7872; Website: business.directenergy.com

Commission Information

responsibilities, contact the New
21 South Fruit Street,

For general inquiries related to your rights and
Hampshire Public Utility Commission, Consumer Affairs Division,
Suite 10, Concord, N.H. 03301-2429; (800) 852-3793.

Fixed or Variable Price

The “Purchase Price” is individually tailored and negotiated. For the exact price, please
see the “Purchase Price” Section in the attached Transaction Confirmation.

Billing, Payment Date and
Amount of Late Payment
Fee

“Section 4. Billing and Payment’ sets forth the billing terms, payment due date, the
Interest Rate for late payments and the calculation of any costs incurred in collecting
payment.

Length of the agreement
and end date

The Agreement may only terminate upon notice (provided that notice is not required in a
Bankruptcy situation).

The “Delivery Period’ is individually tailored and negotiated. For the exact length of the
Transaction and end date, please see the “Delivery Period” Section and/or the “Special
Provisions’ Section in the attached Transaction Confirmation.

The Customer may change its CNGS, upon the requisite notice at the end of the
“Delivery Period,” as stated the “Delivery Period” Section and/or the “Special Provisions”
Section in the attached Transaction Confirmation. However, there are no contractual rights
to rescind during the Delivery Term without penalty or without calculation of a Liquidation
Value or Net Settlement Amount.

Amount of Early Termination
Fee and =~method'= of
Calculation

In "Section 12. Remedies’ of the Agreement the non-defaulting Party has the right to
terminate and liquidate all Transactions, calculate a settlement amount by calculating the
Liquidation Value for each Transaction and aggregate all amounts owing between the

parties under this Agreement or any other energy-related agreements between the
Parties and their affiliates.

For the specific text contained in this provision, please see Section 12o0f the
Agreement.

Dispute Resolution

“Section 6. Disputes” of the Agreement provides for the dispute resolution procedure
available under the Agreement.

Deposit Requirements

information
attached

Deposit requirements are individually tailored and negotiated. For specific
regarding deposits, please see the Special Provisions’ Section in the
Transaction Confirmation and/or “Section 10. Financial Responsibility’ of the Agreement.

Confidential Customer | Direct Energy will not release confidential information about Buyer without Buyers written
Information consent. Pease see the Special Provisions’ Section in the attached Transaction
() aN Confirmation for type of information Direct Energy will not disclose. _

2016-03-12

Buyer’s Initials: +//7_/ 4__j Direct Energy Business Marketing, LLC d/b/a Direct Energy Busi +, 7
fa Mf —TF35:38 -
\/

L WTO sien 05'00'

Drrvet Energy Buainass. LLC

EAIIGist Ea tiGs yy WMMVIIGIY Wal NGL, Eni q
d/b/a Direct Energy Business
194 Wood Avenue South, Second Floor, Iselin, NJ 08830
Phone: 1-888-925-9115

business.directeneray.com

3:01:16 PM

ICustomer Name Nashua, City of A/F Mutiple Customers ae sat forth on Exhibit A a
Bi

Contact Name illing Address

Address = r
‘telephone \Fax [Tela phone a

Sy

This Transaction Confirmation confirms the terms of the Gas Transaction entered into between Direct Energy Business Marketing, LLC d/b/a Direct

("Buyer’ or *Customer’) pursuant to the terms of the Commodity Master Agreement ("CMA") between Buyer and Seller dated March 08, 2012 as may be amended. The Purchase Price excludes i
distribution charges and Taxes that ara or may be the responsibility of Buyer, Gas volumes will be adjusted for Utility line loss, where applicable. The pricas listed below are based on market conditions
jaS of the time, stated above, that this Transactian 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 Address Utility Acct Number Rate
may | See attached Exhibit A for details.

Begin: Thursday, June 01, 2017 End: Sunday, May 31, 2020
The service start date hereunder will be the date that the Utility enrolls Customer far Seller's service. Seller wil request the Utility to enroll Customer on the first meter
read date within the Delivery Period.

Upon the expiration of the Delivery Period, thls 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 the end of the Delivery Period or 15 days prior to the end of each successive month
Renewal Term. The termination date shall be the next effective drop date permitted by the Litility. All terms of the Agreement will remain in effect through the
termination date as set by the applicable Ultility. During the Renewal Term, the Purchase Price for each successive month Renewal Term will be the then Market Price
for delivery to the Delivery Point, unless otherwise agreed to in writing by the Parties.

|Delivery Point Energy North/ENER TGP DAILY

{Contract Quantity (Dth) Buyer and Seller agrae 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 Usage Deviation has occurred and for purposes of calculating Contract Quantities remaining to be
delivered under Section 12 of the Agreement, Contract Quantity shall be determined by reference to the applicable estimated quantity(ies) listed below.

__._— Daily _ xX Monthly
See Attached
Tax Exemption Status [__} Non-Exempt {__] Exempt ff exempt, must attach certificate,
— Price
Fixed Price: $5.280/Dth
|Special Provisions 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 ahove or as attached, as applicable, or any
jreplacement account number issued by the Utility from time to time.

In case of emergencies or leaks please contact your local Utility directly. For inquiries related to your purchase please contact Seller at the address above, For general
inquiries related to your rights and responsibilities, contact the New Hampshire Public Utility Commission, Consumer Affairs Division, 21 South Fruit Street, Suite 40,

Concord, N.H. 03301-2429; (800) 852-3793.

Upon any discontinuance of service by Seller and upon at least thirty (30) days prior notice, Seller will return the Buyer to full Utility service by the next Utility permitted
drop date, provided that the Utility has not disconnacted delivery service. If the Utility disconnects delivery of the servica then effectlva immediately, Seller will not be
Jresponsible {o provide Gas or any service under the Transaction. Buyer has the right to change Competitive Natural Gas Suppliers, subject to the terms of this

Agreement.

Seller will not release confidential information about Buyer without Buyer's written consent, except as provided in the Agreement. For purposes of this Transaction,
canfidential information indudes; (1) Buyer's name, address and telephone number, (2) usage data; and (3) Buyer's payment information.

Leva Price: The Purchase Price for the Contract Quantity, untass otherwise specified in this Transaction Confirmation is $5.280 /Dth.

Buyer acknowiedges 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 i in connection with the negotiation and execution of this Transaction.

Full Plant Requirement - No GSA

PLEASE SIGN AND RETURN THIS CONFIRMATION LETTER BY FACSIMILE TO 866-743-1038
BUYER: Nashia, City of A/F Cs SELLER: Direct Energy Business Marketing, LLC
Multiple. Customers as set forth w Exhibit A
“ women 2016.09.12
fs } 4 2 a a

By: J By:

L,
Kaw lies A Ate JC Print AY, : 13 36 "36 “
Title: Meee Title: _. prank Taddeo Q5'00'

VP, Direct Sales, NA Business

Date: GLBELL Date: Direct Energy Business, LLC
7 a