management, monitoring and verification services as described in Attachment 3 - Project
Cost. The continuing payment for monitoring and verification services and any operating
services described in Attachment 2 - Maintenance and Service Agreement shall be a
condition for the continuing effectiveness of the Performance Guarantee.
4. Price and Terms
4.1 Contract Price
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
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;
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.
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.
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
ENERGY PERFORMANCE CONTRACT
BETWEEN
Nashua School District
AND
Energy Efficient Investments, Inc.
ESCO Contract — Nashua Schools & EEI, Inc
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
