Agenda

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.

INDEX:

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

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.