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l | Direct Energy Business Marketing, LLC d/b/a Direct Energy Business! | |
194 Wood Avanua South, Second Floor "
faultn, NJ 08830
Phone: 1-988-825-9115

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gacparaic Commodity Masicg Agreerpenl (CMA‘) of dt own bebalf aod naming only ilulf se the iscyer or Cumtomer.

EXHIBIT B

BW Direct
Energy,

Business
This Commodity Master Agreement ("CMA") among Direct Energy Business, L1C, Direct Energy Business Marketing, LLC d/b/a Direct Energy Business (Collectively "Seller’}, each a
Delaware {imited liability company, and Nashua, City of ("Buyer” or "Customer’) (each a "Party* and collectively, the "Parties") is entered into and effective as of

03/08/2012 .

1. Transactions: The terms of this CMA apply to all end-use sales of electric power
(‘Electricity’) and/or natural gas ('Gas"} as applicable (each a “Commodity” and
collectively, the “Commodities’) by the applicable Seller party to Buyer {each sale a
“Transaction") which will be memorialized in a writing signed by both Parties {each a
"Transaction Confirmation’). Each Transaction Confirmation shall set forth the Seller
party providing service to Customer for such Transaction. If a conflict arises between
the terms of this CMA and a Transaction Confirmation, the Transaction
Confirmation will control with respect to that particular Transaction. This CMA, any
amendments to this CMA and related Transaction Confirmation(s) (together, a single
integrated, "Agreement") is the entire understanding between Parties with respect to
the Commodities and supersedes all other communication and prior waltings with
respect thereto; no oral statements are effective.

2. Performance: The Parties’ obligations under this Agreement are firm. Buyer is obligated
to purchase and receive, and Seller is obligated to sell and provide, the Contract Quantity of
Commodity specified in a Transaction Confirmation in accordance with the terms of this
Agreement. Buyer wilt only use the Commodity at the listed Service Locations in the
applicable Transaction Confirmation and will not resell the Commodity or use it at other
locations without Seller's prior written consent.

3. Purchase Price: Buyer will pay the Purchase Price stated in each Transaction
Confirmation. If tha Purchase Price incorporates an index and the index is not announced
or published on any day for any reason or if the Seller reasonably determines that a
material change in the formula for or the method of detennining the Purchase Price has
occurred, then the Parties will use a commercially reasonable replacement price that is
calculated by the Seller. if Seller concludes that a change in any Law(s) increases
Seller's costs, the Purchase Price may be adjusted by Seller to reflect such costs.
“Law(s)” mean all tariffs, laws, orders, rules, decisions, taxes, regulations, transmission
rates and Utility changes to Buyer's monthly capacity and/or transmission obligations.
4. Billing and Payment: Seller will invoice Buyer for the Actual Quantity of Commodity
and for any other amounts incurred by Buyer under this Agreement. Payment is due
within fifteen (15) days of the date of the invoice. If an invoice is issued and the Actual
Quantity cannot be verified at the time, the invoice will be based on Seller's good faith
estimate of the Actual Quantity. Seller will adjust Buyer's account following (i)
confirmation of the Actual Quantity, (ii) any Utility discrepancy or adjustment or (til) any
other corrections or adjustments, including adjustments to, or re-calculation of, Taxes.
Buyer will pay interest on late payments at 7.5% per month or, if lower, the
maximum rate permitted by law (“Interest Rate’). Buyer is also responsible for all costs
and fees, including reasonable attorney's fees, incurred in collacting payment. “Actual
Quantity’ means the actual quantity of Commodity that is either delivered or metered, as
applicable, to Buyers account. “Utility” means a state regulated entity engaged in the
distribution of Gas or Electricity.

§. Taxes: Buyer is responsible for paying any Taxes associated with the Actual Quantity of
Commodity sold under this Agreement that may become due at and after the Delivery Point.
The Purchase Price does not include Taxes that are or may be the responsibility of the
Buyer, unless such inclusion is required by Law. Buyer will reimburse Seller for any Taxes
that Seller is required to collect and pay on Buyer's behalf and will indemnify, defend and
hold Seller harmless from any liability against all Buyer's Taxes. Buyer will furnish Seller with
any necessary documentation showing its exemption from Taxes, if applicable, and Buyer
will be liable for any Taxes assessed against Seller because of Buyer's failure {o timely
provide or properly complete any such documentation. "Taxes" means all applicable
federal, state and local taxes, including any associated penalties and interest and any new
taxes imposed in the future during the term of this Agreement. Liabilities imposed in this
Section will survive the termination of this Agreement.

6. Disputes: if either Party in good faith disputes amounts owed under Sections 3, 4, 5
and 8, the disputing Party will contact the non-disputing Party promptly and pay the
undisputed amount by the payment due date. The Parties will negotiate in good faith
regarding such dispute for a period of not more than fifteen (15) Business Days. In the
event the Parties are unable to resolve such dispute, the disputing Party will pay the balance
of the original invoice and either Party may exercise any ramedy available to it in law or
equity pursuant to this Agreement. in the event of a dispute other than for an invoiced
amount, the Parties will use their best efforts to resolve the dispute promptly. Actions taken
by a Party exercising its contractual rights will not be construed as a dispute for purposes of
this Section. “Business Day” means any day on which banks are open for
commercial business in New York, New York; any reference to "day(s)" means calendar
days.

7. Title and Risk of Loss: Title to, possession of and risk of loss to the Commodity will
pass to Buyer at the Delivery Point spacified in the applicable Transaction Confirmation.

8. Buyer's Usage Obligations
A. Material Usage Deviation: If there is a Material Usage Deviation, Buyer will be

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responsible for the losses and costs, including the costs of obtaining and/or liquidating the
applicable volume, based upon the difference between the applicable Contract Quantity and
Actual Quantity. Buyer will pay the amount of such losses and costs to Seller within
fifteen (15) Business Days of Seller's invoice, “Material Usage Deviation” means any
deviation in Actual Quantity at the Service Location(s) stated in the related Transaction
Confirmation from Contract Quantity (or, as applicable, estimated Contract Quantities)
stated in that Transaction Confirmation of +/- 25% or more, which is not caused by
weather.

6. Balancing Charges: For Transactions involving the purchase and sale of Gas
only, Buyer will be responsible for Balancing Charges unless Prior Notice of a material
variation in usage is provided to Sellar and actual usage is consistent with that Prior
Notice. “Balancing Charges” means Ulility fees, costs or charges and penalties
assessed for failure to satisfy the Utility's balancing and/or nomination requirements.
“Prior Notice” is defined as forty-eight (48) hours before the start of the Gas Day for which
the material varlation in usage will apply. “Gas Day” means a period of 24 consecutive
hours. as defined by the Utility. Buyer will make any payment due pursuant to this Section
within five (5) Business Days of the date of Sellers invoice.
C, Curtailments: For Transactions involving the purchase and Sale of Gas only, if Buyer
is directed by its Utility to curtail its usage, in whole or in part, Buyer will curtail as
directed. If Buyer fails to curtail as directed, Buyer will pay or reimburse Seller for all
Balancing Charges assessed by the Utility. Payment by Buyer of any Balancing Charges
will be due within five (5) Business Days of the date of Seller's invoice.

$. Force Majeure: A Party claiming Force Majeure will be excused from its obligations
under Section 2 as long as it provides prompt notice of the Force Majeure and uses due
diligence to remove its cause and resume performance as promptly as reasonably possible.
During a Force Majeure, Buyer will not be excused from its responsibility for Balancing
Charges nor from its rasponsibility to pay for Commodity received. “Force Majeure” means
a material, unavoidable occurrence beyond a Party’s contral, and does not include inability
to pay, an increase or decrease in Taxes or the cost of Commodity, the economic hardships.
of a Party, or the full or partial closure of Buyer's facilities, unless such closure itself is due to
Force Majeure.

10. Financial Responsibility: Seller's entry into this Agreement and each Transaction is
conditionad on Buyer, its parent, any guarantor or any successor maintaining its
creditworthiness during the Delivery Period and any Renewal Term. When Seller has
reasonable grounds for insecurity regarding Buyer's ability or willingness to perform all of its
outstanding obligations under any agreement between the Parties, Sellar may require Buyer
to provide adequate assurance, which may include, in the Sallers discretion, security in the
form of cash deposits, prepayments, letters of credit or other guaranty of payment or
performance (“Credit Assurance”).

41. Default: "Default" means: (i) failure of either Party to make payment by the applicable
due date and the payment is not made within thrae (3) Business Days of a written demand;
(ii) failure of Buyer to provide Credit Assurance within two (2) Business Days of Seller's
demand; (iii) either Party, its parent or guarantor, becomes Bankrupt or fails to pay its debts
generally as they become due; or (iv) failure of either Party to satisfy any representations
and warranties applicable to it contained in Section 13A or 13B and the failure is not cured
within fifteen (15) Business Days of a written demand, provided that no cure period or
demand for cure applies to a breach of Section 13A(c). "Bankrupt" means an entity (a) files
a petition or otherwise commences, authorizes or acquiesces in the commencement of a
proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar
law, or has any such petition filed or commenced against it, (b) makes an assignment or any
general arrangement for the benefit of creditors, (c) otherwise becomes bankrupt or
insolvent, however evidenced, (¢) has a liquidator, administrator, recsiver, trustee,
conservator or simitar official appointed with respect to it or any substantial portion of its
property or assets, (e) has a secured party take possession of all or any substantial portion
of its assets or (f) is dissolved or has a resolution passed for its winding-up, official
management or liquidation (other than pursuant to a consolidation, amalgamation or
merger.

412. Remedies: in the event of a Default, the non-defaulting Party may: (i) withhold any

payments or suspend performance; (ii) upon written notice, provided that no notice is
required with respect to Section 11(iii) or a breach of Section 13A(c), accelerate any or all
amounts owing between the Parties and terminate any or all Transactions and/or this
Agreement; (iii) calculate a settlement amount by calculating all amounts due to Seller for
Actual Quantity and the Close-out Value for each Transaction being terminated; and/or (iv)
net or aggregate, as appropriate, all settlement amounts and all other amounts owing
between the Parties and their affiliates under this Agreement and other energy-related
agreements between them and their affiliates, whether or not then due and whether or not
subject to any contingencies, plus costs incurred, into one single amount ("Net Settement
Amount’). Any Net Settlement Amount due from the defaulting Party to the non-defaulting
Party will be paid within three (3) Business Days of written: notice from the non-defaulting

Nashua, City of

Board of Aldermen Page 22
September 27, 2016

are in now is that | made a motion to replace the originally proposed legislation while we were discussing
that originally proposed legislation. | don’t see any reason to send the whole resolution back to the
committee when we have already discussed it in committee and everybody who was able to go there went
and presented their arguments. Out of that meeting we had two outcomes. One was the committee
recommended an amendment which could be introduced and voted on here after my motion is dealt with
and the Mayor did respond directly to the comments of the committee and offered a substitute version
which very explicitly states what we are getting into. Again, that was vetted by corporation counsel so |
feel like the steps we should be taking here are voting on my motion and then making a motion on the
original version and if that needs to be amended then fine. There are three options right now and we
could literally go through all three of them.

President McCarthy

Alderman Wilshire, can you please take the chair for a minute?

Recorder's Note: Vice President Wilshire was seated in place of President McCarthy

Alderman McCarthy

| think | see what is going to happen so I'll make a prediction and then I'll ask us not to let that come true.
From where | sit, | have the advantage of being about 6” higher than everyone else so | can see what is
going to happen. It looks to me like if this goes to a vote that amendment will probably pass by an 8 to 7
majority and the resulting legislation will also pass by an 8 to 7 majority, 7 members of the Board will be
extremely unhappy that that happened and 8 members of the Board will be mildly satisfied with the short-
term result. Frankly, | don’t think that’s a good result for us or for the community, 15 to 0 would be better
no matter what comes out of this. Let’s think about it for a minute, | think everyone around this
horseshoe agrees with the concept that we are a Welcoming City and that immigrants are very welcome
here in Nashua. | think that most of the things that we are asked to do by the list that Mayor Donchess’
amendment would add are things that we agree to do or that we are already doing. | read the list at the
committee meeting a couple of weeks ago. Everything that was in there with the exception of maybe
attending a yearly conference had to do with looking at how to be inclusionary in our processes and
those are things that are already being done by the city and by the One Greater Nashua. | would rather
see us take the time to come up with something that will make everybody happy. If there are issues that
have to do with the organization itself that we should be aware of then | would like to hear those. | think
that Alderman Siegel is right that those things should be done in committee and not here so let’s think
about what the long-term affect is of how we are going to do this. My personal opinion is if the
amendment gets around to me and | have to vote on it, | will probably vote yes. If the amended
legislation comes around to me then | will probably vote yes because of all the things that I’ve heard and
my belief that this is not a partisan piece of legislation and that it is something that helps us. | want to
warn you that | don’t think that’s the best thing for us to do necessarily in terms of coming up with a piece
of legislation that serves the people who are out there as best we can because | don’t think it will serve
them but that it will simply help to divide this Board over that point and we will fight this out for months
instead of trying to do something that | think we all agree we should do in the first place.

Recorder's Note: Alderman McCarthy returned to his set as President and Alderman Wilshire returned to
her seat as Vice President.

President McCarthy

The motion is to re-refer to committee.

EXHIBIT B
SCOPE OF SERVICES, CONTRACT TIME, AND FEE SCHEDULE

Scope of services

SPECIFICATIONS: The scope of work described below includes services for performing applications of
Sonar (Fluridone) aquatic herbicide treatments in the Nashua River upstream of the Mine Falls dam (90.5
acres); and aquatic herbicide treatments to be determined after a pre-treatment survey in Sandy Pond (4.5
acres) to control aquatic invasive species. Up to one each algae and emergent vegetation treatment may be
performed at Sandy Pond if deemed necessary during the spring survey.

Permitting:
1. SOLitude staff will be responsible for the following:

a. Preparing and filing a Special Permit Application and supporting documentation with the NH
Division of Pesticide Control.

b. Notifying affected abutters of the permit application submission via certified mail — return receipt
will occur prior to treatment in accordance with Special Permit conditions; list of abutters to be
provided/updated by Client.

c. Publishing a legal notice in a local newspaper about the permit application filing for two

consecutive weeks prior to treatment in accordance with Special Permit conditions.

Aquatic Weed Control:

1. Nashua River: Growth of variable milfoil, fanwort, curly leaf and Eurasian milfoil as specified by
NHDES shall be treated and controlled through the application of Sonar One (Fluridone) and Procellacor
EC™ (Florpyrauxifen-benzyl) aquatic herbicide, as required for control of the specific varieties of aquatic
weeds found in the treatment area at the time of application.

2. Mill Pond and Canal: Growth of fanwort and variable milfoil as specified by NHDES shall be treated
and controlled through the application of Procellacor EC™ (Florpyrauxifen-benzyl) & Flumioxazin aquatic
herbicide, as required for control of the specific varieties of aquatic weeds found in the treatment area at the
time of application.

3. Sandy Pond: Any growth of undesirable weeds found in the pond shall be treated and controlled through
the application of contact aquatic herbicides as required for control of the specific varieties of aquatic weeds
found in the pond at the time of application. Perform spring survey, up to 2 applications of
herbicide/algaecide treatment (if necessary), post-treatment survey, preparation and submittal of State
reporting as required. Perform algae and emergent treatment (1 of each authorized) if deemed necessary
during spring survey.

3. Applications will be performed using SOLitude’s specially designed and calibrated treatment systems and
boats. GPS systems will be used to provide real-time navigation and to record treatment passes.

4, Pre-treatment inspection of designated areas will occur prior to treatment.

5. Shoreline posting will be coordinated and performed prior to treatment in accordance with Special Permit
conditions.

Party, Interest on any unpaid portion of the Net Setilement Amount will accrue daily at the
Interest Rate. “Close-out Value" is the sum of (a) the amount due to the non-defaulting Party
regarding the Contract Quantities (or, as applicable, estimated Contract Quantities)
remaining to be delivered as stated in the applicable Transaction Confirmation(s) during the
Delivery Period or, if applicable, the current Renewal Term, calculated by determining the
difference between the Purchase Price and the Market Price for such quantities; and (b)
without duplication, any net losses or costs incurred by the non-defaulting Party for
terminating the Transaction(s), including costs of obtaining, maintaining and/or liquidating
commercially reasonable hedges, Balancing Charges and/or transaction costs. “Market
Price” means the price for similar quantities of Commodity at the Delivery Point during the
Delivery Period or Renewal Term, as applicable. For purposes of determining Close-out
Value, (1) Market Price will be determined by the non-defaulting Party in good faith as of a
date and time as close as reasonably practical to the date and time of termination or
liquidation of the applicable Transaction(s), and (li) Market Price may be ascertained
through reference to quotatians provided by recognized energy brokers or dealers, market
indices, bona-fide offers from third-parties, or by reference to commercially reasonable
forward pricing valuations, The Parties agree that the Close-out Value constituies a
reasonable approximation of damages, and is not a penalty or punitive in any respect.
Seller may, but need not, physically liquidate a Transaction or enter into a replacernent
transaction to determine Close-out Value or Net Settlement Amount. Tha defaulting Party is
responsible for all costs and fees incurred for collection of Net Settlement Amount, including,
reasonable attomey’s fees and expert witness fees.

13, Representations and Warranties: Each of the following are deemed to be repeated
each time a Transaction is entered into:

A. Each Party represents that: (a) itis duly organized, validly existing and in good standing
under the laws of the jurisdiction of its formation and is qualified to conduct its business m
those jurisdictions necessary to perform to this Agreement, (b) the execution of this
Agreement is within its powers, has been duly authorized and does not violate any of the
terms or conditions in its governing documents or any contract to which it is a party or any
law applicable to it; and (c) it is not Bankrupt.

B. Buyer represents and warrants that (a) it is mot a residential customer, (b) it will
immediately notify Seller of any change in its ownership; (¢) execution of this Agreement
initiates enroliment and service for the Delivery Period and any Renewal Term; (d) no
communication, writtan or oral, raceiyed from the Seller will be deemed to be an assurance
or guarantee as to any results expected from this Agreement; (e) if it is executing this
Agreement in its capacity as an agent, such Party represents and warrants that it has the
authority to bind the principal to ail the provisions contained herein and agrees to provide
documentation of such agency relationship, and (f} (i) it will provide, to Seller, information
reasonably required to substantiate its usage requirements, including information regarding
its business, locations, meter/account numbers, historicaliprojected 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 transactions hereunder, (ii) acceptance of this
Agreement constitutes an authorization for release of such usage information, (iii) it will
assist Seller in taking al’ actions necessary to effectuate Transactions, including, if
requested, executing an authorization form permitting Seller to obtain its usage information
from third parties; and {iv) the usage information provided is true and accurate as ofthe date
furnished and as of the effective date of the Agreement.

CG. Each Party acknowledges that: {a) this Agreement is a forward contract and a master
netting agreement as defined in the United States Bankruptcy Code ("Code"); (b) this
Agreement shall not be construed as creating an association, trust, partnership, or joint
venture in any way between the Parties, nor as creating any relationship between the
Parties other than that of independent contractors for the sale and purchase of Commodity;
(c} Seller is not a “utility” as defined in the Code; (d) Commodity supply will be provided by
Saller under this Agreement, but delivery will be provided by the Buyer's Utility; and (e)
Buyer's Utility, and not Seller, is responsible for responding to leaks or emergencies should
they occur.

44. Other:

(a) This Agreement, and any dispute arising hereunder, is governed by the law of the
state in which the Service Locations are located, without regard to any conflict of rules
doctrine, (b) Each Party waives its right to a jury irial regarding any litigation arising from
this Agreement. (c) No delay or failure by a Party to exercise any right or remedy to which it
may become entitled under this Agreement will constitute a waiver of that right or remedy.
(d) Seller warrants that (i) it has good title to Commodity delivered, (ii) it has the tight to sell
the Commodity, and (iii) the Commodity will be free from all royalties, liens,

IN WITNESS WHEREOF, this CMA is entered into and effective as of the date written above.

BUYER:

By.
Nome. DO analy €
Matrp ¢-

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Title:

encumbrances, and claims. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, ARE DISCLAIMED. (e) Buyer will be responsibie for and
indemnify Seller against aff losses, costs and expenses, including court costs and
reasonable altorney's fees, arising out of claims for personal injury, including death, or
property damage from the Commodity or other charges which attach after title passes to
Buyer. Seller wil! be responsible for and indemnify Buyer against any josses, costs and
expenses, including court costs and reasonable attorneys’ fees, arising out of claims
of title, personal injury, including death, or property damage from the Commodity or other
charges which attach before title passes to Buyer. (f) NEITHER PARTY WILL BE LIABLE
TO THE OTHER UNDER THE AGREEMENT FOR CONSEQUENTIAL, INDIRECT
OR PUNITIVE DAMAGES, LOST PROFITS OR SPECIFIC
PERFORMANCE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. (gq) Ali
notices and waivers will be made in writing and may be delivered by hand delivery,
first class mail (postage prepaid), ovemight courier service or by facsimile and will be
effective upon receipt; provided, however, that any termination notice may only be sent by
hand or by overnight courier service, and, if sent to Seller, a copy delivered to: Direct
Energy Business, Attn: Customer Services Manager, 1001 Liberty Avanue, Pittsburgh, PA
15222; Phone: (888) 9259115; Fax: (866) 421-0257: = Email:
CustomerRelatlons@dlrectenergy.com. (h) If Buyer and Direct Energy Business Marketing,
LLC entered into Commodity transactions prior to the execution of this Agreement
("Existing Transactions"), the Parties agree that these Existing Transactions shall
be Transactions governed under the terms of this Agreement. This Agreement
supersedes and replaces any other agreement that may have applied to the Existing
Transactions. Note that this subsection (h) shall not apply to any Commodity transactions or
agreements entered into between Buyer and Direct Energy Business, LLC (i) No
amendment to this Agreement will be enforceable unless reduced to writing and
executed by both Parties. (j) Seller may assign this Agreement without Buyer's consent
Buyer may not assign this Agreement without Seller's consent; which consent will not
be unreasonably withheld. In addition, Seller may pledge, encumber, or assign this
Agreement or the accounts, revenues, or proceeds of this Agreement in connection with
any financing or other financial arrangements without Buyers consent, in which case
Seller shall not be discharged from its obligations to Buyer under this Agreement. (k)
This Agreement may be executed in separate counterparts by the Parties, including by
facsimile, each of which when executed and delivered shall be an original, but all of
which shall constitute one and the same instrument. (Ij Any capitalized terms not
defined in this CMA are defined in the Transaction Confirmation or shall have the
meaning set forth in the applicable Utility rules, tariffs or other governmental regulations,
or if such term is not defined therein then if shall have the well-known and generally
accepted technical or trade meanings customarily attributed to it in the natural gas or
electricity generation industries, as applicable. (m) The headings used in this Agreement
are for convenience of reference only and are not to affect the construction of or to be
taken into consideration in interpreting this Agreement. {n} Any executed copy of this
Agreement and other related documents may be digitally copied, photocopied, or
stored on computer tapes and disks ("Imaged Agreement"). The Imaged Agreement
will be admissible in any judicial, arbitration, mediation or administrative
Proceedings between the Parties in accordance with the applicable rules of
evidence, provided that neither Party will object to the admissibility of the Imaged
Agreement on the basis that such were not originated or maintained in documentary
form. (0) Where multiple parties are Party to this Agreament with Seller and are
represented by the same agent, it is agreed that this Agreement will constitute a separate
agreement with each such Party, as if each such Party had executed a separate
Agreement, and that no such Party shall have any liability under this document for the
obligations of any other Parties. (p) This CMA may be terminated by either Party upon at
least thirty (30) days' prior written notice; provided, however, that this CMA will remain in
effect with respect to Transactions entered into prior to the effective date of the
termination until both Parties have fulfilled all of their obligations with respect to the
outstanding Transactions. (q) Buyer will not disclose the terms of this Agreement, without
prior written consent of the Seller, to any third party, other than Buyer's employees,
affiliates, agents, auditors and counsel who are bound by substantially similar
confidentiality obligations, trading exchanges, govemmental authorities, courts,
adjudicatory proceedings, pricing indices, and credit ratings agencies; provided that if
Buyer receives a demand for disclosure pursuant to court order or other proceeding, it will
first notify Seller, to the extent practicable, before making the disclosure.

SELLER: Direct Energy Business, LLC
Direct Energy Business Marketing, LLC

By.

Name:

Title:

Nashua, City of

=) THE CITY OF NASHUA “The Gate City"

Financial Services

Purchasing Department

September 15, 2016
Memo #17-048

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | 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

Please see attached communications from Karen A. Smith, Business Manager dated September 6, 2016
for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

These bulletproof vests are being purchased using the State of New Hampshire contract #8001970.

The Nashua Police Department and the Purchasing Department recommend the purchase of this product
from Atlantic Tactical of New Cumberland, PA in the amount of $26,950.

Respectfully,, ?
flan Kooken
Purchasing Manager

Cc: K Smith A Lavoie

‘ |
229 Main Street e Nashua, New Hampshire 03061 e Phone (603) 589-3330 © Fax (603) 589-3344 |

NASHUA POLICE

DEPARTMENT Date: 3 September 2016

SE

Intradepartmental Communication

To: CFO Dan Kooken
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department Bulletproof Vests

The Nashua Police Department (NPD) is requesting to purchase thirty-five (35) second chance SX Level Il
bulletproof vests as needed during fiscal FY 17 budget year. Twenty-five (25) of the vests are part of the
five year manufacturer replacement schedule for vest with expiration dates prior to June 30" The balance
of ten (10) vests is anticipated for potential new hire recruits as need for the fiscal year. The current vests
are being retained for use during training such as simulations.

The Nashua Police Department recommends purchasing the vest order from Atlantic Tactical of New
Cumberland, PA under State of New Hampshire contract #8001970. Funding is available in the 2015
Bulletproof Vest Partnership Grant for a portion of the vest purchase price. The Police Department's

required match will be funded from the Department's Protective Clothing account.

Sincerely,

iof SH

Karen A. Smith
Business Manager

TLANTIG
FACTIGCAL Quote Request
OUTFITTING AMERICA'S HEROES
763 Corporate Circle StateBid #
New Cumberland, PA 17070 Delivery Type Date
Phone (603) 340-0176
ig2887 @comcast.net
DATE: 8/5/16 CUSTOMER ORDER #:
TO: Adam Andreson SHIP TO:
COMPANY |Nashua Police Dept Nashua Police Dept
STREET: 0 Panther Dr O Panther Dr
CITY: Nashua, NH Nashua, NH 03061
ZIP 03061)SALES PERSON: TAX EXEMPT NO:
PHONE NO: Jim Berry
STOCK NO: |DESCRIPTION: QUANITY UNIT PRICE |TOTAL
SX Level ll, A7 - Male-SBA-SX02-lI-M 35 $600.00} 521,000.00
Soft Trauma Plate, 5" X 8"-SBA-STP-5XB 35 520.00 $700.00
Pi. Concealable Carrier-SBA-P1-Navy 35 $75.00 $2,625.00
IMPAC HT 7x9 Plate 35 $75.00} $2,625.00
50.00 $0.00
50.00 50.00
50.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
All prices Quoted, Valid for 30 days unless otherwise specified TOTAL $26,950.00

COVERT CARRIERS

CONCEALABLE

SPECS:

» Lightweight four way stretch ripstop shell
fabric

* Hidden accessory front loading packets for
personal items

* High performance Luxicool coolng spacer
mesh liner

+ Complementary lightweight spacer mesh
liner for improved airliow

+ Removable and reversible contoured
ergonomic straps with controlled stretch

+ Front and back plate pockets

* Zip out front and back panels far sasy
accessibility

° Strategically located ergonomic Vaicro
channels for easy fastening and rernoval

* High profile Velcro® fasteners for extra
strength and durability

» Designed with Velcro” closures to allow
bedy contouring for maximum comfort,
reducing weight and bulk

800.347.1200 SAFARILAND.COM/BODYARMOR

aK Sx.

TECHNICAL SPECIFICATION SX02-ii

Test Standard
Threat Type
Model

Design

Configuration
Armor Material

Armor Panel Covering

Performance

Areal Density

Thinness

New V50 = 3 mm FMJ RN 124 gr.
Conditioned V50 —§ mm FMJ RN 124 gr.
New V50 — 257 Mag JSP 158 gr.
Conditioned V50 — .357 Mag JSP 158 gr.
Backface Average —- 9mm

Backface Average — .357 Mag

Additional Special Thraats

es 2 8 © @

NiJ Standard: 0101.06
Ballistic Level It

BA-2000S-SX02

Neutral
Honeywell Spectra®, DuPont™ Kevlar®, SAATI

Dual Covered, 2 Ply, 70 Denier Textured Nylon Ripstop with TPU
Lamination System

0.59 Ibs/tt” (2.88 kg/m}
0.160 in (4.06 mm)
1817 it’s (554 mis)
1757 ft/s {536 m/s}
1699 ft/s (518 més)
1575 fis (480 ms)
30.406 mm

34.80 mm

Meets/Exceeds Requirements of FBI Body Armor Test Protocol

Winchester Ranger T-Senas, 9mm, 127 gr. +P+SXT (RASTA) — Tested Velocity 1300 + 30 it’s
Winchester Ranger T-Series, .40 S&W 165 gr. SXT (RA40TA) — Tested Velocity 1230 + 30 ft/s
Speer .357 Slg, 125 gr. GDHP (23918) — Tasted Velocity 1465 + 30 ft/s

Federal 9mm, 124 gr, +P HST (PSHST3) — Tested Velocity 1300 + 30 fi/s

* FN §.7x28mm, 40 gr. $5197 Sporting Round, Blue Tip Hornady V-Max Bullet - Tested Valocity 1750 + 50 ft/s

Special threats tested at an independent certifiad NiJ laboratory in accordance with Modified / Abbreviated NW 6107.06 Standard JAW

Sec. 7.8.1 unless otherwise spacified,