HomeMy Public PortalAboutORD11209 rte..
BILL NO. 88-174
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. //-20 5'
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENERGY MASTERS
CORPORATION FOR COMPREHENSIVE ENERGY MANAGEMENT SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Energy Masters Corporation
for comprehensive energy management services. Corporation agrees
to provide services which will be paid for from money realized on
energy savings as a result of the performance of the agreement.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed �_ Approved `may
esid' Officer o
ATTEST:
City Clerk
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ENERGY MANAGEMENT AGREEMENT WITH GUARANTEED SAVINGS
This Agreement (hereinafter known as "Agreement") is made and
entered into as of this �_ day of , 1989, by and
between The City of Jefferson. Missouri, ( City") , a municipal
corporation with its principal place of business located 320 E.
McCarty, Jefferson City, Missouri. 65101 and Energy Masters
Corporation, ("Service Company") , a Missouri corporation with its
7701
principal place of business located at lli6=College Blvd. , Suite
240, Overland Park, Kansas 66210. Provided that all obligations
and liability imposed by or under the terms of this Agreement shall
be exclusively that of Energy Masters Corporation or City of
Jefferson. Missouri. Provided further that all mention herein of
payments due Service Company shall refer exclusively to Service
Company unless by separate document, duly executed and delivered,
said payments have been assigned with the prior written approval
of City.
® WHEREAS City owns, occupies, manages or controls certain real
property and buildings located thereon, as described in Exhibit E,
which shall be known herein as "Premises" ; and
WHEREAS Service Company has developed or become knowledgeable about
certain procedures for controlling energy consumption through use
of engineering analyses and devices installed and maintained on the
premises of its customers; and
WHEREAS Service Company has made a preliminary assessment of the
energy consumption characteristics of the Premises, which City has
approved, and Service Company is willing to acquire, install, and
maintain upon portions of the Premises certain equipment of the
type or class described in Exhibit B attached hereto and made a
part hereof, which description, after approval by City, is subject
to revision (by addition or deletion) at a later date on a
• March 31, 1989
1
REVISED April 7, 1989
supplemental schedule or schedules as hereinafter described (all
such equipment hereinafter collectively referred to as
"Equipment") ; and
WHEREAS City desires to retain Service Company to acquire and
install the Improvements and to provide other services, as more
fully set forth herein; and
WHEREAS City desires to compensate Service Company in money based
on an agreed portion of the energy savings that shall have been
obtained subsequent to the date that said Improvements shall have
been installed; and
WHEREAS City desires to enter into a contract with Service
Company to achieve energy cost reductions within said buildings,
subject to terms and conditions of this agreement; and for other
good and valuable consideration, the parties hereto, intending to
® be legally bound, hereby incorporate the recitals set forth above
as though fully set forth here at, and further, the parties agree
as follows:
Section 1. ENERGY MANAGEMENT PROGRAM
Section 1. 1 Program Details: Service Company will prepare an
energy use audit and Comprehensive Energy Management Plan (the
"CEMP") which shall be approved and accepted by City.
Section 1.2 Exhibits to be Prepared: Service Company shall prepare
the schedules set forth below, which schedules shall be delivered
to City as soon as practicable. When delivered the said schedules,
when approved in writing by City, shall be made a Part hereof as
though set forth at length at initio:
Exhibit "A" - Definitions
Exhibit "B" - Comprehensive Energy Management Plan
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2
® Exhibit "C" - Savings Calculation Procedure
Exhibit "D" - Energy Savings Shares
Exhibit "E" - Building, Real Property and Existing
Physical Plant Inventory
Exhibit "F" - Base Line Energy Consumption
Exhibit "G" - Projected Energy Savings
Exhibit "H" - Termination Fee Exhibit
Exhibit "I" - Standards
Exhibit "J" - Insurance Requirements
Exhibit "K" - User Operations and Maintenance
Responsibilities
Exhibit "L" - Checklist
Exhibit "M" - Service Company Permitted Use Access
Exhibit "N" - Lease Term and Payments ,
Exhibit 110" - Project Acceptance
Section 2. ENERGY USAGE RECORDS AND DATA
City has furnished or shall furnish (or cause its energy suppliers
to furnish) to Service Company, upon its request, all records and
complete data concerning energy usage for the Premises, including -
the following data for the most recent twenty four (24) month
period; utility records; descriptions of any changes in the
building structure or its heating, cooling, lighting, or other
systems or energy requirements; descriptions of all energy
consuming or saving equipment used on the Premises; and description
of energy management procedures presently utilized by the City.
City shall also provide copies of City's financial statemeaci;s and
records for said twenty four (24) month period as required by
service companies' entity, which shall be kept confidential and are
intended for the sole use of the Service Company or its financing
entity, and shall make knowledgeable agents and employees available
for consultations and discussions with Service Company.
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3
Section 3. INSTALLATION OF IMPROVEMENTS
As soon as is practicable after review and approval of the CEMP by
the City, Service Company shall obtain, pay for, and install the
Improvements. City shall assist Service Company in obtaining all
necessary permits and approvals for installation of the
Improvements, provided however, that Service Company shall be
responsible for all associated fees of said permits and approvals.
Section 4. OWNERSHIP OF PROPERTY
Section 4.1 Ownership of Improvements: Service Company and/or its
assigns shall own the Improvements throughout the term of this
Agreement unless transferred sooner to City pursuant to the terms
hereof. The Improvements shall remain personal property, and no
• item thereof shall become a fixture of the Premises,
notwithstanding its installation on, or attachment to, real
property or any future improvement located thereon. City shall
not acquire any ownership, equity or any possessor or other rights
in the Improvements, nor any title thereto, except by exercise of
rights granted in this Agreement.
Plates or markings may be •affixed to, or placed on the Improvements
by Service Company and Service Company may make any modifications
to said Improvements as it deems desirable, provided City shall be
notified in writing as soon as practicable, of any said
modification, and shall have consented in writing to such
modification. No modification shall reduce the standards of
service set forth in Section 8 herein. City shall notify Service
Company in writing of any claimed or threatened encumbrances,
charge, or lien against or affecting said Improvements. City shall
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4
® execute all such documents which Service Company may deem necessary
to protect its ownership interest in the Improvements.
At the end of the term of this Agreement, title to the Improvements
shall pass to City and Service Company agrees to execute and
deliver any documents necessary to release any interest it has in
the Improvements and to pass title to City. If City does not wish
to retain ownership, it may so notify Service Company who shall
restore the Premises and replace the Improvements with equipment
of like quality and character as existed prior to this Agreement.
Section 4.2 Ownership of Other Rights: City shall acquire no
interest in any software, formulas, patterns, devices, inventions,
processes, copyrights, patents, intellectual property, or similar
items of Property which are or may become used in connection with
the Improvements of the system installed or created by Service
Company and rights in same shall be owned, possessed and used
® solely for the benefit of Service Company. City agrees further
that disclosure to it or use by it of same shall not divest Service
Company of its exclusive rights to ownership use and possession,
and that use by City has been pursuant to a conditional license
granted herein. If such disclosure occurs, however, City shall
not be liable to Service Company for any damages which shall result
from such disclosure. Notwithstanding the foregoing, should title
to the Improvements pass to City, pursuant to any provision of this
Agreement, Service Company agrees that City shall have a license,
without additional cost, to use any software necessary for
operation of the Improvements so long as the Improvements are in
use by City or its successors.
Section 5. LOCATION AND ACCESS TO IMPROVEMENTS
City shall provide sufficient rent free space for installation and
operation of the Improvements, and shall use every means to
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5 March 31, 1989
protect such Improvement from harm, theft or misuse. City shall
provide access to the Premises for Service Company to perform any
function related to this Agreement during regular business hours
or such other reasonable hours as may be requested by Service
Company, provided that Service Company shall be granted immediate
access to make emergency repairs or corrections as it may, in its
discretion, determine are necessary.
City will provide a dedicated phone 1-ine at each location for
remote monitoring of the Heating and Air conditioning systems. The
cost of any such dedicated phone lines shall be paid for as part
of the cost of the guaranteed savings.
Section 6. SERVICE OF IMPROVEMENTS
Section 6.1 Repair and Service: Service Company shall repair and
service the Improvements at Service Company's sole cost and. expense
during the term of this agreement. Emergency repair services to -
Improvements paid for by City shall be immediately reimbursed to
City by Service Company upon presentation of service invoice(s) .
Section 6.2 Malfunctions and Emergencies: City shall notify
Service Company, or its designee, as soon as City is aware of:
(i) any malfunction in operation of the Improvements or any pre-
existing energy related equipment; (ii) any interruption or
alteration of energy supply to the Premises in excess of six (6)
hours; (iii) any alteration or modification in the installed
Improvements or its operation; and (iv) any alteration,
modification, or change in the Premises or its use.
Section 6.3 Actions by City: City shall not touch, move, operate,
modify, remove, adjust, alter or change in any way the Improvements
of any part thereof without prior written direction or approval of
Service Company, provided that notwithstanding anything contained
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6
herein to the contrary, City shall have the right to touch, adjust
and operate the portions of the Improvements set forth on Exhibit
"K", for the purposes described therein. Provided further that
City shall be permitted to act, and in doing so, move, touch or
otherwise have contact with Improvements, to protect the
Improvements or the Premises, or guests, employees, or agents from
damage or injury in an emergency, or upon the direction by Service
Company or to carry out City's governmental functions. City shall
maintain the Premises in good repair and shall protect and preserve
the Improvements and the operating condition of all mechanical
systems and energy related systems located on the Premises.
Section 7. UPGRADING OR ALTERING THE IMPROVEMENTS
Service Company shall at all times have the right, to replace,
delete or alter any Improvements, add or remove Improvements,
® revise any procedures, or implement other energy saving actions on
Premises, provided City shall be notified prior to any said change
in the Improvements, procedures or any said actions and shall
consent in writing. Provided further that the standard of service
as set forth in Section 8 herein shall not be reduced. All
replacements, deletions, alterations or additions to Improvements,
or revisions to the Procedures shall be described in an additional
schedule to be provided in writing to City before work is begun.
Replacements, substantial alterations, or additions of Improvements
shall belong to and become property of Service Company (or, if
applicable, to its assigns or designee) , and shall be a part of the
Improvements and system for purposes of, and shall be subject to,
this Agreement, including Section 4. All such replacements,
alterations, or additions to the Improvements shall be at the sole
cost and expense of the Service Company.
Section 8. STANDARDS OF SERVICES
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Service Company will maintain the improvements in a manner which
will provide the standards of heating, cooling, hot water, and
light which are described in Exhibit I.
Section 9. COMMENCEMENT DATE, TERM, CANCELLATION
Section 9. 1 Commencement: The "Commencement Date" shall be the
date of Project Acceptance as stated on Exhibit O of this
Agreement. Payments shall be made in accordance with Section 10.
Section 9.2 Term: The term of this Agreement shall be for a fixed
period not to exceed seven years from the Commencement Date.
Section 9.3 Cancellation: Either party may terminate this
Agreement without cause, upon 90 days prior written notification
to the other party. Should City exercise its option under this
® provision, it shall pay Service Company a termination fee in
accordance with Exhibit H attached hereto and made a part hereof.
Should Service Company exercise its option under this provision,
Service Company shall restore the Premises and replace the
Improvements with equipment of like character and quality as
existed prior to this Agreement, or may choose to transfer title
to the Improvements installed under this Agreement to City and, in
such case, shall execute and deliver all necessary documents to
vest title, free of all liens and encumbrances, to City.
Termination under this section is separate and apart from any
termination that might occur under Section 13 of this Agreement.
Section 10. COMPENSATION AND BILLING
Section 10. 1 Leasing Agreement: Service Company agrees to lease
to City and City hereby agrees to lease from Service Company, the
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Improvements described in Exhibit B attached hereto. The lease
payments made by City for the installed improvements shall be in
the amounts and shall be allocated between principal and interest
in the manner set forth in Exhibit N attached hereto and made a
part hereof. The Lease Term shall begin on the Commencement Date
and shall continue for a period not to exceed eighty-four (84)
consecutive months as described in Exhibit N, unless terminated
earlier as provided herein.
Section 10.2 Payments to Service Company: City agrees to, and
shall pay Service Company as compensation for its services
described herein, the amounts set forth in Exhibit D attached
hereto and incorporated herein. Said payments shall be in addition
to any other payments described separately in this agreement.
Section 10.3 Lease Component: City agrees that a portion of each
payment from City to Service Company pursuant to Section 10. 1 or
® 10.2 is paid as, and represents payment of, lease for the
Improvements during the period covered by the payment. In
addition, City agrees that a portion of the lease payment is paid
as, and represents payment of, interest.
The manner of calculating the lease portion of the total monthly
payment and allocation of the lease portion between principal and
interest is set forth in Exhibit N. The sum of all principal
portions of the lease payment shall not exceed the Total Principal
Value set forth in Exhibit N. The portion of each monthly payment
under Section 10.2 that does not represent lease for the
Improvements shall be compensation to Service Company for its
services under this Agreement.
Section 10.4 City's Obligations: City hereby acknowledges its
obligation to make, the lease payments as detailed in Exhibit N,
regardless of the amount reached by application of the formula and
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percentages set forth on Exhibits C, D, and G. City will continue
® to make its lease payments uninterrupted and will seek recovery by
applying the Guaranteed Savings provisions of Section 12-A.
Section 10. 5 Billing Information Procedure: Payments due to
Service Company under Section 10.2 shall be calculated each month
in the following manner:
(i) The City shall provide Service Company with copies of
utility bills for all energy types for the preceding
month, as well as copies of all other data required by
Exhibits C, D, F and G, or elsewhere herein;
Upon receipt of the required information, Service Company
shall calculate, if any, the savings in accordance with
the agreed calculation formula; and,
Service Company shall prepare and send to the City
a monthly invoice which shall set forth for each month
the amounts, if any, of the energy consumption saving,
the energy expense saving, and the compensation due.
Section 10.6 Late Payments. City shall pay Service Company within
thirty (30) days of the date of Service Company's invoice.
Section 11. CHANGES IN USE OF PREMISES AND MODIFICATION OF BASE
LINE
Section 11.1 Material Changes: City shall deliver to Service
Company a written "Notice" describing and explaining all proposed
"Material Changes" in its Premises or its operations and their
anticipated effect of energy use. Said writing must be delivered
to Service Company no less than seven (7) days before any actual
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or proposed Material Change occurs. A "Material Change" shall
include change in the following:
(i) hours of operation of any equipment or facilities or
energy systems contained in the Premises affecting more
than five hours per week
(ii) occupancy changes of the Premises which affects energy
use;
(iii) structure changes of the Premises which affects energy
use;
Section 11.2 Modification of Base Line:
(i) Notification of Modification
® Within 60 days of any material change, Service Company
shall notify City in writing of its calculation of a
revised Base Line. "Base Line" energy use is the
historical energy use of the systems as evidenced by
existing energy usage records. Base Line data is -
provided in Exhibit F.
Disagreement Over Base Line Modification
A. Service Company Notification: If City disagrees with a
base line modification or savings calculation, it shall
notify Service Company within thirty (30) days in
writing. If City fails to provide notice of disagreement
within thirty (30) days City forfeits the right to
challenge the base line modification or savings
calculation for that month.
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® B. Conference Upon Proper Notification of Such Disagreement:
City and Service Company shall meet within thirty (30)
days to mutually resolve the problem.
C. Third Party Calculation: If City and Service Company
cannot agree on the base line modification or savings
calculation following the conference, they may mutually
agree on a reputable and experienced engineering firm to
calculate the base line modification or savings within
thirty (30) days of the conference.
D. Litigation: If the parties fail to agree within the time
periods set about above, the parties may attempt to
settle the dispute by continued negotiation or may
institute litigation without, in either event, triggering
an event of default. In the event of litigation, each
party shall bear its own costs.
Section 12. INSURANCE
A. Energy Savings Guarantee: For the period of this
agreement, Service Company will guarantee the savings '
and may obtain Energy Savings Insurance covering the
Projected Savings. In the event that the Projected
Energy Cost Savings, are not realized by the system under
the terms of this Agreement, the Service Company will
reimburse the City on a yearly basis for the difference
between the amount of the Projected Energy Cost Savings,
outlined in the CEMP and the Actual Cost Savings realized
by the City.
B. Improvement Casualty and Liability Insurance: At all
times during the term of this Agreement, Service Company
shall maintain in full force and effect, at its expense,
12 March 31, 1989
® casualty and liability insurance covering the
Improvements and damage caused by the operation of the
Improvements, and all insurance requirements as set forth
in Exhibit J of this Agreement. Copies of policies
required to be carried by Service Company must be
provided to and approved by City prior to commencement
of installation, and when renewed.
C. Building Casualty and Liability Insurance: At all times
during the term of this Agreement City shall maintain in
full force and effect, at its expense, casualty and
liability insurance on the Premises, and all energy
systems, including new equipment. Copies of policies
required to be carried by City must be provided to
Service Company when issued or renewed.
Required policies shall be obtained no later than the
® date on which Service Company shall have installed the
first part of Improvements. All insurance policies shall
state that they shall not be changed or canceled without
thirty (30) days prior written notice to the other party
and each policy purchased shall name the other as an
additional insured. City shall be provided on each
anniversary of the Commencement Date with an insurance
company certificate certifying each policy is in full
force and effect.
Section 13. CASUALTY OR CONDEMNATION OF PREMISES
Any construction on or restoration of Premises following or
necessitated by fire, flood, or other casualty, or any condemnation
affecting a portion of the Premises, shall be deemed a Material
Change and the provisions of Section 11, and its supports, shall
be applicable. If the casualty or condemnation renders a majority
March 31, 1989
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of the Premises uninhabitable or unusable, and in the case of a
casualty, the affected portion is not reconstructed or restored
within one hundred and twenty (120) days from the date of such
casualty, City shall have the option to terminate this Agreement
by a Notice to Service Company. Provided, that the mere occurrence
of a fire, flood, or other casualty shall not automatically affect,
modify, impair, or limit City's obligation to make the said
payments to Service Company, nor shall it automatically affect or
alter the Base Line, unless energy use is affected.
Section 14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS
If any item of equipment is damaged, destroyed or stolen, and if
same is not caused by the negligence or willful acts of City, its
servants, agents, or employees, but is covered by insurance, City
shall utilize the said insurance proceeds to repair or replace said
Improvements.
Section 15. CONDITIONS BEYOND CONTROL OF THE PARTIES
If either party shall be unable to reasonably perform any of its
obligations under this Agreement due to acts of God, insurrections
or riots, this Agreement at the other party's option shall (i]
remain in effect, but said performing party's obligation shall be
suspended until the said event shall have ended; or [ii] be
terminated upon ten (10) days notice to the other party, in which
event neither party shall have any further liability to the other.
Should either party exercise its option under this section to r
terminate, Service Company shall restore the portions of the
Premises altered and replace the Improvements with equipment of
like character and quality as existed prior to this Agreement or
transfer title to the Improvements installed under this Agreement
to City and in such case shall execute and deliver all necessary
March 31, 1989
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documents to vest title, free of all liens and encumbrances, to
City at the option of the City.
Section 16. REPRESENTATIONS AND WARRANTIES OF BOTH PARTIES
Each party warrants and represents to the other that:
(i) It has all requisite power, authority, licenses, permits,
and franchises, corporate or otherwise, to execute and
deliver this Agreement; and prior to the performance of
its obligations hereunder will have any necessary
licenses or permits;
(ii) Its execution, delivery, and performance of this Agree-
ment have been duly authorized by, or are in accordance
with its legal purposes, this Agreement has been duly
executed and delivered for it by the signatories so
authorized, and it constitutes its legal, valid and
binding obligation;
(iii) Its execution, delivery and performance of this Agreement
will not result in a breach or violation of, or
constitute a default under, any agreement, or instrument
to which it is a party or by which it or its properties
may be bound or affected; and
(iv) It 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 law, ordinances,
regulations, rules, decrees, awards, permits -or orders
which would materially adversely affect its ability to
perform hereunder.
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Section 17. ADDITIONAL REPRESENTATIONS AND PROMISES OF THE
PARTIES
City hereby warrants, represents and promises that:
(i) It has provided or shall provide timely to Service
Company all required records requested by Service Company
and the information seat forth therein and all information
in other records available to City to be subsequently
provided pursuant to this Agreement will be true and
accurate in all material aspects.
(ii) The Service Company and all its subcontractors, if any,
shall maintain all books, documents, papers, accounting
records and other evidence pertaining to this Contract,
and shall make such materials available at their
respective offices during normal business hours
throughout the Contract term and for a period of three
(3) years following completion of the Contract. The
Service Company shall submit to the City a certified
audit of all funds and expenses related to the contract
within ninety (90) days of the end of each contract
period or renewal period.
City shall, during the life of this Agreement, except as
provided elsewhere herein, continue to use the Building
in a manner similar to its present use, and.to the same
extent.
Service Company hereby warrants, represents and promises that: r
(i) Before commencing performance of this Agreement, it shall
have become licensed or otherwise permitted to do
business in client's location.
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16 March 31, 1989
It shall make available upon reasonable request, relevant
documents relating to its performance under this
Agreement, including contracts and subcontracts it shall
enter into.
It has not entered into any contracts or agreements with
other persons or entities regarding the provision of
energy management services or with regard to serving any
of the energy related equipment located on the Premises.
(iv) It shall use subcontractors and delegates who are
qualified to perform the work so subcontracted or
delegated pursuant to the terms hereof and who are
approved by City.
(v) It shall provide appropriate lien waivers to City upon
completion of the project and shall hold the City
® harmless from all claims of mechanics and materialmen
related to this agreement.
Section 18. APPLICABLE LAW
This Agreement and the construction and enforceability thereof
shall be interpreted under the laws of the State of Missouri.
Section 19. COMPLIANCE WITH LAW AND STANDARD PRACTICES
The parties shall perform their obligations hereunder in compliance
with any and all applicable federal, state and local laws, rules .-
and regulations.
Section 20. NOTICES AND CHANGES OF ADDRESS
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17
All "Notices" to be given by either party to the other shall be in
writing and must be either delivered or mailed by registered or
certified mail, return receipt requested, addresses as follows:
To Service Company:
Energy Masters Corporation
11600 College Blvd. , Suite 240
Overland Park, KS 66210
Attn: Office Manager
To City:
City of Jefferson
320 E. McCarty
Jefferson City, MO 65101
Attn: City Clerk
or such other addresses as either party may hereinafter
designate by a Notice to the other. The date of delivery of
any notice shall be the date falling on the second full day
after -the day of its mailing.
Section 21. NO WAIVER +
The failure of either party to insist upon the strict performance
of the terms and conditions hereof shall not constitute or be r
construed as a waiver or relinquishment of either party's right to
thereafter enforce the same in accordance, with this Agreement in
the event of a continuing or subsequent default on the part of the
other party.
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Section 22. SEVERABILITY
In the event that any clause or provision of this Agreement any
part thereof shall be declared invalid, void or unenforceable by
any court having jurisdiction, such invalidity shall not affect the
validity or enforceability of the remaining portions of this
Agreement unless the result would be manifestly inequitable or
unconscionable.
Section 23. ASSIGNMENT
The Service Company shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by
assignment or novation) , without prior written consent of the City
thereto. Any such assignment is expressly subject to all rights
and remedies of the City under this. agreement, including the right
to change or delete activities from the contract or to terminate
® the same as provided herein.
Section 24. COMPLETE AGREEMENT
The parties acknowledge that there were or may have been prior
agreements between them or related parties. It is hereby agreed
that this Agreement shall act as a novation of and shall cancel all
such agreements, including all agreements and proposals made prior
to the date hereof between City and Service Company.
This Agreement together with all Exhibits mentioned herein and/or
attached hereto, shall constitute the entire Agreement between .the , .
parties, and the Agreement may not be amended, modified or
terminated except in writing signed by both parties.
Section 25. FURTHER DOCUMENTS
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19
AWL The parties shall execute and deliver all documents and perform
all further acts that may reasonably be necessary to effectuate the
provisions of this Agreement.
Section 26. CITY COMPLIANCE WITH CHECKLIST
Section 26. 1 The parties acknowledge and agree that Service
Company has entered into this Agreement in reliance upon the
prospect of earning compensation based on projected savings in
energy used at Premises, as set forth on Exhibit G, attached hereto
and made a part hereof.
Section 26.2 The parties further acknowledge and agree that the
said projected savings would not be likely to be obtained unless
certain procedures and methods of operation designed for energy
conservation shall be implemented, and followed by City on a
regular basis.
Section 26.3 City agrees that it shall adhere to, follow and
implement the energy conservation procedures and methods of
operation set forth on Exhibit K, attached hereto and made a
part hereof.
Section 26.4 City agrees that Service Company shall have the right,
with or without prior notice, to inspect Premises to determine if
City is complying, and shall have complied with its obligation as"
set forth above in Section 26.3 . For the purpose of determining
City's said compliance, the checklist as set forth in Exhibit L as
completed and approved by both parties during said inspections ,-..
shall be used to measure and record City's said compliance. City
shall make Premises available to Service Company for and during
each said inspection, and shall have the right to witness each said
inspection and the recording of the checklist.
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Section 26.5 In the event that any inspection discloses that City
has failed, on the date of the inspection, to be in compliance with
any item on the checklist, payment to Service Company for the
monthly compensation period preceding the date of said inspection
or determination shall be based on the greater of:
(i) the projected savings for the compensation period as set
forth in Exhibit G; or
(ii) the remainder when the actual energy cost is subtracted
from the Base Line.
27. Failure to Perform, Cancellation. If, through any cause, the
Service Company shall fail to fulfill in timely and proper manner
its obligations under this contract, or if the Service Company
shall violate any of the covenants, agreements, or stipulations of
this contract, the City shall thereupon have the right to terminate
this contract by giving written notice to the Service Company of
such termination and specifying the effective date thereof, at
least five (5) days before the effective day of such termination.
City or Service Company may without cause terminate this contract
upon 30 days prior written notice. In either such event, all
finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports or other materials prepared
by the Service Company under this contract shall, at the option of
the City, become its property, and the Service Company shall be
entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Notwithstanding the above,. the Service Company shall not be
relieved of liability to the City for damages sustained by the City
by virtue of any such breach of the contract by the Service
Company.
March 31, 1989
21
IN WITNESS WHEREOF, and intending to be legally bound, the parties
hereto subscribe their names to this instrument on the date first
above written.
CITY OF JEFFERSON ENERGY MASTERS CORPORATION
May By: �rzitis� rT
Attest:
. Liz _
City Clerk By:
t�
OMarch 31, 1989
22
EXHIBIT A
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
DEFINITIONS
1. Actual Energy Use. The "Actual Energy Use" for any month
during the term of this Agreement shall mean the number of
energy units consumed on the Facilities. Energy units shall
be expressed in (i) hundred cubic feet (CCF) natural gas; or
(ii) kilowatt hours (KH) of electricity; or (iii) other units
appropriate to any other fuel source.
2. Acceptance Date. "Acceptance Date" shall mean the date on
which the installed Improvements are deemed accepted by City.
On the Acceptance Date, City shall execute a Certificate of
Acceptance in substantially the form of Exhibit H attached to
this Agreement and incorporated herein by this reference.
3. Base Period, Base Period Month. The "Base Period" for each
Facilities shall mean the period of months as set forth on
Exhibit F. A "Base Period Month" shall mean any utility month
within the Base Period.
4. CEMP Approval Date. Shall mean the date of formal acceptance
of the CEMP by City as evidenced by signature on Exhibit B
herein, or 30 days from CEMP presentation by EMC, whichever
occurs first.
5. Degree Days. "Degree Days" shall mean, for each day, the
number obtained by subtracting: (i) the "mean temperature"
for such day from (ii) 65 degrees Fahrenheit. As used herein,
the "mean temperature" on any day shall mean the average of
the highest and lowest temperature reading for such day, as
recorded by the National Weather Service or other reliable;�-
reporting source near City's location. The number of Degree
Days for any billing period during the term of this Agreement
shall be the sum of all the Degree Days for each day of such
billing period.
6. Energy Saved. The "Energy Saved" for any month during the
term of this Agreement shall mean: (i) in the case of natural
gas, the Adjusted Base Use for such month less the Actual
Energy Use for such month, and (ii) in the case of electricity
savings from the control of blower motors, savings are
calculated by the formula S = (H) * (KW) where S is the energy
saved; H is the number of hours each blower motor is turned
off in any month; and KW is such motors horse power, divided
• by its rated motor efficiency, multiplied by 0.746; or ratio
of actual to nameplate actual measured motor amperage.
7 . Adjusted Base Use. The "Adjusted Base Use" for any month
during the term of this Agreement shall mean the number of
energy units that would have been consumed on the Facilities
but for the installation of the Improvements. Adjusted Base
Use shall be calculated for each billing period during the
term of this Agreement, based on the actual number of Degree
Days that occurred in such billing period, using the formula
Y = A + BX where:
Y = Adjusted Base Use (the unknown quantity to be calculated)
A = Projected Energy Units Consumed Per Month. A number
representing the fixed units of energy consumed for such
functions as lighting, cooking and other items that do
not vary with Degree day fluctuation which is derived
from statistical analysis of the Base Period and shall
be expressed in hundred cubic feed (CCF) of natural gas,
kilowatt hours of electricity, or other unit fuel
measurement.
B = Projected Energy Units Consumed Per Degree Day per Month
(a number representing the units of energy consumed per
Degree Day for such functions as heating and other items
that vary with Degree Day fluctuations, which is derived
from statistical analysis of the Base Period from Exhibit
F of this Agreement.
® X = Actual Degree Days for the month in question (from on-
site equipment measurements, adjusted for National
Weather Service information or other Baseline source as
available) .
Calculations of Adjusted Base Use are based upon a statistical
analysis of the Base Period. The statistical analysis is
summarized in Exhibit F attached hereto, as are the derivations of
the values for A and B in the above equation.
8. Equipment. The "Equipment" shall mean the existing equipment
located within the Facilities as described in Exhibit E•-
attached hereto and incorporated herein by this reference
which is owned by City.
9. Improvements. The "Improvements" shall mean the energy saving
equipment and energy conservation measures described in !.
Exhibit B attached hereto and incorporated' herein by this
reference.
10. Unit Energy Costs. "Unit Energy Costs" for any billing period
during the term of this Agreement shall mean the actual current
utility charges for units of energy as determined from the invoices
provided by the provider of fuels or energy during the billing
period.
• 11. Value of Enerav Saved. The "Value of Energy Saved" for any
month during the term of this Agreement shall mean the dollar value
obtained by multiplying: (i) the Energy Saved in such month by
(ii) the Unit Energy Costs for such month.
12. Occupancy Adjustment Factor. "Occupancy Adjustment Factor"
for any month during the term of this Agreement shall mean the
number obtained by taking the difference between the average
occupancy of a Facility during the Base Period from the actual
occupancy of such Facility for a given month. This result is then
multiplied by the occupancy rate and by the units of energy use per
occupant to determine the Occupancy Adjustment Factor.
EXHIBIT B
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
COMPREHENSIVE ENERGY MANAGEMENT PLAN
The Comprehensive Energy Management Plan report ("CEMP") shall be
prepared by Service Company and approved in writing by City within
thirty (30) working days after submittal to City. City's approval
shall not be withheld provided that the CEMP meets the minimum
standards of City comfort and economic criteria outlined below:
[i] All energy savings measures shall meet required comfort
standards and operating conditions set forth by City in
Exhibit "I" attached hereto and incorporated by this
reference.
[ii] The total undiscounted energy cost savings shall be
sufficient to pay for the energy ma a emg?A,) measures
recommended in the CEMP report in (' years or
less, simple payback, , xx&!mocxJ%) x3w=r;mx=xiezzxk=
�-
3vyx3�rx�l �c.
Service Company shall be capable of purchasing an
insurance policy covering the energy savings projections
outlined in the CEMP.
[iv] Service Company shall fully disclose to City all costs,
fees, and expenses related to the CEMP, and City agrees
that the Service Company shall be entitled to a markup
on all direct labor and equipment bids received for the
project, excluding engineering and other fees and Service
Company installed bid work (the markup covers
administration, warranty, and profits) . Additional
project expense factors shall include a Project
Management Fee, Contingency Fee, Financing Fees,
Guarantee Fees, Permits and Fees, Equipment Taxes, and--°
other costs directly related to protect installation.
Service Company agrees to make all records available to
City including supplier invoices in accounting for
project expenses.
r••
The CEMP, when prepared, shall be attached to this Agreement and
shall become, along with this ' cover page, Exhibit "B". City
acceptance of the CEMP shall be signified by authorized .signature
below:
CEMP Preparation Date:
CEMP Approval Date:
Approved By:
Title:
REVISED April 7, 1989
® EXHIBIT C
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
SAVINGS CALCULATION EXHIBIT
Energy savings generated during the term of this contract will
be calculated as follows:
To reduce the error caused by unusual billing period length, the
energy consumption and the degree days shall be normalized by
dividing the number of days in the billing period. The per day
energy consumption and the per day degree days shall then be used
in the following equations to establish the base use.
City Acceptance Initials Date
OTHER SAVINGS COMPUTATIONS:
A) In cases where conservation measures impacting energy uses
other than heating or cooling loads have been implemented, the
method used to determine the savings can be either subtractive
where the historic energy use is compared to actual use (as
is usually the case where Demand charges are concerned) ; or
can be computed by comparing actual metered equipment reports
to historic operating schedules (as can be the case for
electric motors) .
B) In cases where combinations of savings occur from specific
modifications in identifiable subsystems of facility
operation, subsystem use shall be differentiated from other
uses by determining (either by seasonal or historic usages or
actual measurements) the portion of fuel use attributable to
the subsystem, in accordance with the Regression Analysis
above. This figure shall then be subtracted from the totalt-
fuel consumption histories in determining the Base Year loads
of other systems. If savings are to be realized from
identifiable subsystems, savings calculations shall be
reflected as a separate line item in the Shared Savings
Invoice Amount as outlined above. ,-.•
City Acceptance Initials
Date
C-1
NOTE: Added sample calculations C-2 and C-3.
REVISED April 7, 1989
PRELIMINARY
EXHIBIT C
4
(Attached to and forming part of Energy Management Agreement
dated , 19 between Energy Masters Corporation, and
Guardian Management Inc.j
SAVINGS CALCULATION EXHIBIT
Energy savings generated during the term of this contract will
be calculated as follows:
REGRESSION ANALYSIS FORMULA:
Y = A + B X Where:
A = [Sum(Y) - B x Sum(X) ] / n
B = [n x Sum(XY) - (Sum(X) x (Sum(Y) ) ] /
[n x Sum(XX) - (Sum(X) x (Sum(X) ) ]
X = Degree Days
Y = Energy Consumption
A & B = Regression Coefficients
n = Number Heating Month in Regression Analysis
The following formula estimates the projected energy use
for each month and corrects the usage for irregular billing
periods.
Adjusted Base = (A + B X) x (Days/30) + F
F = Occupancy Factor
Days = Number of Billing Days in Period
30 = Reference Number of Billing Days
MONTHLY BILLING METHOD:
1. Occupancy Adjustment Factor = Actual Occupancy - Base
Occupancy * Occupant Dependent Use (energy use per person,
postretrofit) . r'
2. Adjusted Base Use = (Actual Monthly Degree Day) x (Base Year
use per Degree Day (Coefficient B) ) + (The Background Use
(Coefficient A) ) x The Ratio of Billing Days ' to the Base 30
Day Billing Period + the Occupant Adjustment Factor.
Client Acceptance Initials Date
C-1
PRELIMINARY
CORRELATION COEFFICIENT FORMULA:
r Sxy/Sq.Rt. (Sxx x Syy)
where:
Sxy = Sum (XY) - (Sum (X) x Sum (Y) / n )
Sxx = Sum (XX) - (Sum (X) x Sum (X) / n )
Syy = Sum (YY) - (Sum (Y) x Sum (Y) / n )
r = Sample Correlation Coefficient
r x r = Sample Coefficient of Determination
Notes: r is an estimate of the linear association between
the two variables X and Y.
r x r Express the proportion of the total variation in the
valve of the variable Y that can be accounted for or
explained by the linear relationship to the variable
X.
** The statistical formulas and definitions use in this
section were obtained from "Probability and
Statistics for Engineers and Scientists" by Walpole
(Chapter 9)
® OTHER SAVINGS COMPUTATIONS:
A) In cases where conservation measures impacting energy uses
other than heating or cooling loads have been implemented,
the method used to determine the savings can be either
subtractive where the historic energy use is compared to
actual use (as is usually the case where Demand charges are
concerned) ; or can be computed by comparing actual metered
equipment reports to historic operating schedules (as can be
the case for electric motors) .
B) In cases where combinations of savings occur from specific
modifications in identifiable subsystems of facility
operation, subsystem use shall be differentiated from other
uses by determining (either by seasonal or historic usages or
actual measurements) the portion of fuel use attributable to
the subsystem, in accordance with the Regression Analysis
above. This figure shall then be subtracted.from the total
fuel consumption histories in determining the Base Year loads
of other systems. If savings are to be realized from
identifiable subsystems, savings calculations shall be
reflected as a separate line item in the Shared Savings
Invoice Amount as outlined above.
Client Acceptance Initials Date
40 C-2
PflELIPAI ARY
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INOTE: Energy Masters Corporation did not receive Exhibit "D"
in March 31, revised contract.
EXHIBIT D
f (Attached to and forming part of Energy Management Agreement
dated 19 between Energy Masters Corporation, and
ENERGY SAVINGS SNARES
Exhibit D, to be filled in upon the completion of the CEMP,
outlines the percentage shares of energy savings between the
1 Client and Service Company.
s
Savings over Lease Payment
Monitoring & Service Fee
Year Lease Payment Service x6an[gamr_a ASham Client Share
1 * xSVAc $3120/Year x2sk Excess savings
over lease payment &
2 xxxxxxxxxx monitoring fee
3 b%laeXpAbumat
4
5
6
7
All realized savings exceeding the lease payment shall be, splft
x=xx=xx1QXf XyhaxAsxhntwaen the EtlAbmtxxmd Service Company's until
Service Company share teaches ($'!tl 0 a year, there after the
Client will receive loot of the excess savings.
$ 3,120
* Lease Payment depends on project value and interest rate.
Client Acceptance Initials Date
D-1
REVISED April 71 1989
t
® EXHIBIT
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
PROPERTY/EQUIPMENT INVENTORY
This Exhibit shall be revised upon completion of the CEMP report
and on-site engineering analysis of City's facilities. City must
report all changes in the use, buildings, equipment in accordance
with Section of this Agreement.
Police Building, 401 Monroe Street
City Hall, 320 East McCarty Street
Animal Rescue, 919 East Miller Street
Drill Tower/Code Enforcement, 915 East Miller Street
Housing Authority/Street Division, 911 East Miller Street
Street Division, 901 East Miller Street
Central Maintenance/Transit, 830 East Miller Street
Vehicle Wash Bay, 820 East Miller Street
Transit Bus Storage Building, 820 East Miller Street
Fire Station #3, 2104 Industrial Drive
Fire Station #1, 821 West High Street
Waste Water Treatment Plant, Old Hwy #94, Callaway County
Airport Terminal/Restaurant, 500 Airport Road, Callaway County
Airport Tower, Hwy #94, Callaway County
City Acceptance Initials Date
S E-1
REVISED April 71 1989
® EXHIBIT E
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the state of Missouri.)
PROPERTY/EQUIPMENT INVENTORY
This Exhibit shall be revised upon completion of the CEMP report
and on-site engineering analysis of City's facilities. City must
report all changes in the use, buildings, equipment in accordance
with Section of this Agreement.
City Acceptance Initials Date
EXHIBIT F
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
BASELINE ENERGY CONSUMPTION .
The base line energy consumption of the facility, as provided by
the City from historical utility bills and other energy usage
records, is comprised of the following.factors:
Historic Facility Energy Usage. As derived from invoices
from energy suppliers.
Building Occupancy Factors. Historic occupancy type and numbers
of occupants per zone will be analyzed to determine future
adjustments due to increases or decreases in facility use.
City Acceptance Initials Date
F-1
REVISED April 71 1989 included Utility Data Summary .
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT 9 00000000000
METER # (elec)
BUILDING
NAME POLICE BUILDING
ADDRESS ( 401 MONROE STREET
« 1988 >> << 1987 >>
ELECTRICAL USAGE ELECTRICAL USAGE
MONTH DAYS ( KWH S ( MONTH DAYS ( KNH 5
------------------------------------------------- -------------------------------------------------�
DEC 88 30 69,360 DEC 87 30 99,120 $3,906.31
NOV 88 30 60,840 53,288.80 NOV 87 30 56,760 $2,955.79
OCT 88 30 68,400 53,711.40 OCT 87 30 81,600 53,067.50
SEP 88 30 74,040 $5,145.89 SEP 87 30 51,840 $4,688.84
AUG 88 30 68,400 54,835.97 AUG 87 30 52,680 54,656.34
JUL 88 30 ( 68,040 54,716.92 JUL 87 30 ( 73,080 54,720.52
JUN 88 30 51,480 $3,851.94 JUN 87 30 ( 75,600 $4,808.94
MAY 88 30 67,920 $4,472.48 MAY 87 30 70,320 $2,934.43
APR 88 30 58,440 $3,412.25 APR 87 30 70,200 $2,880.78
MAR 88 30 ( 78,440 $4,714.82 MAR 87 30 52,920 $3,818.59
FES 88 30 38,040 $1,934.30 FEB 87 30 48,840 $3,329.91
JAN 88 30 ( 107,520 JAN 87 30 ( 63,360 $4,448.10
------------------------------------------------- -------------------------------------------------�
TOTAL 1 810,920 1 TOTAL 1 796,320 1 546,216.05
•
F-2
ENERGY CONSUMPTION DATA
DATE ( 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT M 37630110700
METER M ( 7 (elec); 00905561 (gas)
BUILDING
NAME CITY HALL
ADDRESS 320 EAST MCCARTY STREET
«1988» «1988»
GAS USAGE
ELECTRICAL USAGE
MONTH DAYS KWH $ MONTH DAYS ( . CCF S
................................................. .......................... -----------------------�
DEC 88 ' 30 22,440 $1,653.49 SEP 88 30 14 S18.86
NOV 88 30 23,160 51,674.59 ( AUG 88 30 10 517.27
OCT 88 30 34,080 $2,014.41 JUL 88 30 10 517.27
SEP 88 30 37,320 52,966.88 JUN 88 30 14 519.77
AUG 88 30 ( 34,680 $2,961.86 MAY 88 30 185 5115.04
JUL 88 30 32,520 52,753.90 APR 88 30 614 $355.14
JUN 88 30 24,720 $2,296.30 ( MAR 88 30 824 5473.64
MAY 88 30 ( 25,920 51,755.46 FEB 88 54 2,692 51,430.23
APR 88 30 23,880 51,752.81 DEC 87 30 1,293 $685.61
MAR 88 30 ( 25,800 NOV 87 30 694 $374.15
FEB 88 30 15,600 OCT 87 30 370 5204.67
JAN 88 30 28,200 SEP 87 30 12 517.34
-------------------------------------------------, ---------------------
TOTAL 1 328,320 1 TOTAL 6,732 1 $3,728.99 r
--------------------------------------- -------------- -----------------------�
«1987»
ELECTRICAL USAGE
MONTH DAYS KWH S
DEC 88 30 21,960 51,776.00
NOV 88 30 23,400 51,519.50
OCT 88 30 25,200 $1,721.28
SEP 88 30 35,160 $1;632.36
AUG 88 30 ( 38,040 51,935.32
JUL 88 30 39,360 $2,562.92
JUN 88 30 27,600 $2,942.31
MAY 88 30 27,480 S3,155.77
APR 88 30 24,960 52,801.67
MAR 88 30 ( 28,080 51,727.84
FEB 88 30 ( 21,000 51,687.64
30,000.......... .... ..
TOTAL 342,240 1 S25,095.84
F-3
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT N 37630130885 (ELEC); 37630130880 (GAS)
METER It 46078675 (ELEC ); 01938008 (GAS)
BUILDING
NAME ANIMAL RESCUE
ADDRESS 919 E. MILLER
1988 »
ELECTRICAL USAGE GAS USAGE
MONTH DAYS KUH S CCF S
------------------------------------------------- --------------------------�
JAN 89 30 1,796 5119.12 494 $280.63
DEC 88 30 1,997 $127.42 462 $263.12
NOV 88 30 1,722 5116.07 255 $153.37
OCT 88 30 1,871 $122.22 129 $83.04
SEP 88 30 ( 3,650 $195.69 58 543.40
AUG 88 30 ( 5,372 5469.14 , 42 $37.17
JUL 88 30 4,418 5387.10 55 $45.25
JUN 88 30 3,390 $298.69 62 549.68
MAY 88 30 1,494 $135.63 62 _ S45.90
APR 88 30 1,421 5103.64 220 $134.34
MAR 88 30 1,382 $100.99 357 $211.47
FEB 88 52 2,932 $211.47 1188 5641.55 �.
------------------------------------------------- --------------------------�
TOTAL 31,445 1 52,387.18 3384 $1,988.92
F-4
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT q 37630130605
METER N 39393682 (elec); 06814496 (gas)
BUILDING
NAME DRILL TOWER / CODE ENFORCEMENT
ADDRESS 915 EAST MILLER STREET
« 1988 »
ELECTRICAL USAGE GAS USAGE
MONTH DAYS ( KWN S CCF f
------------------------------------------------- --------------------------)
JAN 89 30 52 $10.68 638 $359.21
DEC 88 30 90 (13.26 646 $363.51
NOV 88 30 72 $12.04 381 $223.69
OCT 88 30 ( 128 $15.84 ( 116 $75.79
SEP 86 30 947 $71.45 8 $15.51
AUG 88 30 2,021 $180.96 ( 7 $15.40
JUL 88 30 1,412 $128.58 30 529.71
JUN 88 30 1,473 $133.83 79 $60.27
MAY 88 30 223 526.33 73 $52.08
APR 88 30 ( 313 $28.40 89 $60.93
MAR 88 30 528 $43.00 419 $246.28
FEB 88 52 109 $19.79 1,080 $584.96
... --------------------------�
TOTAL 7,368 1 $684.16 3,566 1 $20087.34
-----------------------------------------------------------------�
F-5
ENERGY CONSUMPTION DATA
DATE ( 03/01/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT 0 37630130900
METER N ( 55057340 (elec) - DOWNSTAIRS STREET DIVISION
BUILDING
NAME HOUSING AUTHORITY / STREET DIVISION
ADDRESS ( 911 EAST MILLER STREET
PAGE i of 3
« 1988 »
ELECTRICAL USAGE GAS USAGE
® MONTH DAYS KNH f CCF S
-------------------------------------------------�--------------------------�
JAN 89 30 15,280 5780.23 0 $0.00
DEC 88 30 ( 14,019 5728.15 0 $0.00
NOV 88 30 8,449 $498.11 0 $0.00
OCT 88 30 f 6,940 $435.79 0 $0.00
SEP 88 30 5,566 5379.04 ( 0 $0.00
AUG 88 30 4,437 5388.73 0 50.00
JUL 88 30 4,808 5420.64 0 50.00
JUN 88 30 ` 5,339 $466.30 0 50.00
MAY 88 30 5,140 5449:19 ( 0 $0.00
APR 88 30 8,620 5486.37 ( 0 - SO.00
MAR 88 30 14,180 $716.00 0 $0.00
FEB 88 52 30,531 $1,486.85 0 $0.00
- --------------------------�
TOTAL 123,309 1 $7,235.40 ( 0 $0.00
•------------------------------------------------- -------�
F--6
ENERGY CONSUMPTION DATA
DATE ( 03/01/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT N ` 37630130900
METER 0 ( $4890468 (elec) - LIGHTING for HOUSING -
WILDING
NAME HOUSING AUTHORITY / STREET DIVISION
ADDRESS ' 911 EAST MILLER STREET
PAGE ( 2 of 3
<< 1988 »
ELECTRICAL USAGE GAS USAGE
• MONTH DAYS KITH S CCF f
................................................. --------------------------�
JAN 89 30 3,006 $211.28 0 $0.00
DEC 88 30 2,971 $209.75 0 50.00
NOV 88 30 2,988 $210.49 0 50.00
OCT 88 30 2,461 5184.68 0 $0.00
SEP 88 30 ( 2,696 5197.71 ( 0 $0.00
AUG 88 30 2,349 5221.68 0 50.00
JUL 88 30 2,437 5229.71 0 50.00
JUN 88 30 2,558 $240.74 0 $0.00
MAY 88 30 2,506 5236:00 0 $0.00
APR 88 30 2,795 5195.25 0 - $0.00
MAR 88 30 2,791 5195.07 0 50.00
FES 88 52 4,717 $332.81 0 $0.00
------------------------------------------------- --------------------------�
TOTAL 1 34,275 1 $2,665.17 0 1 $0.00
F-7
ENERGY CONSUMPTION DATA
DATE ( 03/01/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT ( JEFFERSON CITY
ACCOUNT # ( 37630130900
METER 0 ( 33234657 (etec) - HEATING 8 AC for HOUSING -
BUILDING
NAME ( HOUSING AUTHORITY / STREET DIVISION
ADDRESS ( 911 EAST MILLER STREET
PAGE ( 3 of 3
« 1988 »
ELECTRICAL USAGE GAS USAGE
MONTH DAYS ( KWH S ( CCF S
-------------------------------------------------�--------------------------(
JAN 89 30 ( 16,520 5758.91 ( 0 50.00
1 DEC 88 30 ( 12,000 5561.05 ( 0 $0.00
NOV 88 30 ( 9,280 5441.98 ( 0 50.00
OCT 88 30 ( 1,360 595.30 ( 0 50.00
SEP 88 30 ( 5,280 5266.89 ( 0 $0.00
AUG 88 30 ( 10,080 $926.37 ( 0 50.00
JUL 88 30 ( 8,400 5773.24 ( 0 $0.00
JUN 88 30 ( 7,280 5671.15 ( 0 $0.00
MAY 88 30 ( 2,560 $240.92 ( 0 50.00
APR 88 30 ( 360 533.48 ( 0 — $0.00
MAR 88 30 ( 3,520 $260.90 ( 0 $0.00
FEB 88 52 ( 23,480 51,230.49 ( 0 50.00
--(--------------------------(
TOTAL ( 100,120 ( S6,260.68 ( 0 ( 50.00
------------------------------(
•
F-8
ENERGY CONSUMPTION DATA
DATE ( 02/27/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT 0 ( 37630130590 (ELECT); 37630130590 (GAS)
METER N 33894262 (ELECT); 00704095 (GAS)
BUILDING
NAME STREET DIVISION
ADDRESS 901 EAST MILLER STREET
<< 1988 »
ELECTRICAL USAGE GAS USAGE
® MONTH DAYS KNH S CCF S
--- --------------------------�
JAN 89 30 ( 3,279 $195.75 633 5356.48
DEC 88 30 ( 3,318 $197.36 548 $310.04
NOV 88 30 2,741 $173.53 210 $128.25
OCT 88 30 2,655 $169.97 65 $47.33
SEP 88 30 3,818 $218.01 34 530.02
AUG 88 30 ( 4,750 $415.65 27 $27.84
JUL 88 30 4,547 $398.19 30 $29.71
JUN 88 30 3,539 $311.50 33 $31.61
MAY 88 30 1,846 $165.91 31 $28.48
APR 88 30 1,999 $142.88 ( 89 560.93
MAR 88 30 2,807 $178.49 342 5203.05
FEB 88 52 5,273 $326.19 1,398 $751.56
------------------------------------------------- --------------------------)
TOTAL 40,572 1 $2,893.43 3,440 1 $2,005.30
-----------------------------------------------------------------�
r
F-9
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY ..
ACCOUNT M ( 37630120685
METER 0 45702613 (elec); 04239002 (gas)
BUILDING
NAME CENTRAL MAINTENANCE / TRANSIT
ADDRESS 830 EAST MILLER STREET
« 1988 »
ELECTRICAL USAGE GAS USAGE
MONTH DAYS KNH S CCF S
-------------------------------------------------�--------------------------�
JAN 89 30 ( 8,800 $562.11 900 5502.18
DEC 88 30 8,720 $558.81 860 $480.27
NOV 88 30 7,760 $519.16 404 $236.52
OCT 86 30 ( 7,520 $509.25 129 $83.04
SEP 88 30 ( 9,680 $598.45 8 515.51
AUG 88 30 11,040 $956.59 6 514.78
JUL 88 30 ( 10,560 $915.31 8 $16.03
JUN 88 30 10,080 $874.03 ( 8 516.03
MAY 88 30 7,840 5681:39 80 $56.02
APR 88 30 ( 7,200 $496.03 524 — $304.70
MAR 88 30 7,600 5523.19 868 $498.35
FES 88 53 ( 16,720 $1,067.91 3,203 $1,697.58
-- --------------------------�
TOTAL 113,520 1 58,262.23 ( 6,998 1 $3,921.01
.........)
F-10
ENERGY CONSUMPTION DATA
DATE ( 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT # 37630120675
METER # 01782108 (gas)
BUILDING
NAME VEHICLE WASH BAY
ADDRESS ` 812 EAST MILLER STREET
1988
ELECTRICAL USAGE GAS USAGE
® MONTH DAYS KWH S CCF $
-------------------------•-------------------•--- --------------------------�
JAN 89 30 0 $0.00 276 $161.66
DEC 88 30 0 $0.00 226 5134.36
NOV 88 30 ( 0 $0.00 17 $20.54
OCT 88 30 0 $0.00 11 $17.19
SEP 88 30 0 $0.00 12 517.74
AUG 88 30 0 $0.00 ( 12 518.51
JUL 88 30 0 $0.00 13 519.13
JUN 88 30 ( 0 $0.00 13 519.15
MAY 88 30 0 50.00 ( 11 $17.23
APR 88 30 0 $0.00 19 _ S21.70
MAR 88 30 0 50.00 49 538.56
FES 88 53 0 50.00 403 $230.66
--------------------------�
TOTAL 0 ( SO.00 ( 1,062 ( $716.43
--- -- ------....�
F-11
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT N 37630120690
METER 0 01711403 (GAS)
BUILDING
NAME TRANSIT BUS STORAGE BUILDING
ADDRESS 820 EAST MILLER
<< 1988 »
ELECTRICAL USAGE GAS USAGE
® MONTH DAYS KNH f CCF S
------------------------------------------------- --------------------------�
JAN 89 30 0 $0.00 488 $277.35
DEC 88 30 0 $0.00 265 $155.63
NOV 88 30 0 SO.00 145 $91.97
OCT 88 30 0 $0.00 67 $48.44
SEP 88 30 0 $0.00 23 $23.88
AUG 88 30 0 $0.00 ( 18 $22.24 ,
JUL 88 30 0 $0.00 20 $24.13
JUN 88 30 0 $0.00 21 $21.17
MAY 88 30 0 $O.OU 18 $37.39
APR 88 30 0 $0.00 47 $92.45
MAR 88 30 0 $0.00 145 $982.98
FEB 88 53 0 $0.00 1,839 $412.76
................................................. --------------------------�
TOTAL 0 $0.00 3,096 1 $2,190.39
----------------------------�
E-12
ENERGY CONSUMPTION DATA
DATE } 02/27/89
CONSULTANT } ENERGY MASTERS CORPORATION
CLIENT } JEFFERSON CITY
ACCOUNT # 47630922287
METER # 40059624 (elect); 04239078 (gas)
BUILDING
NAME } FIRE STATION #3
ADDRESS 2104 INDUSTRIAL DR.
« 1986 >>
ELECTRICAL USAGE GAS USAGE
• MONTH DAYS KNN f CCF f
------------------------------------------------- --------------------------}
DEC 88 30 } 6,840 5490.81 ( 367 $211.29
NOV 88 30 3,880 $364.64 220 $132.60 }
OCT 88 30 2,040 $281.54 123 $79.70 }
SEP 88 30 1,680 $253.46 30 $27.79 }
AUG 88 30 ( 3,040 $465.10 ( 5 $13.87 }
JUL 88 30 } 3,640 $494.77 } 5 $14.16 }
JUN 88 30 } 3,240 (447.21 } 6 $14.79 }
MAY 88 30 } 1,600 $308.49 107 (96.45 }
APR 88 30 ( 1,520 $230.25 } 88 $60.35 }
MAR 88 30 ( 2,800 $295.75 112 — $73.81 }
FES 88 30 } 5,080 $408.71 ( 323 $186.34
JAN 88 30 } 6,360 $458.76 } 413 $225.77 }
---------------------------....------------------}--------------------------}
TOTAL } 41,720 } $4,499.49 ( 1,799 } $1,136.92 }
-----------------------------------------------------------------}
P-13
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT ( 39630040695
METER 0 61884013 (elec); 01774895 (gas)
BUILDING
NAME FIRE STATION 01
ADDRESS 621 NEST HIGH STREET
1988 >>
ELECTRICAL USAGE GAS USAGE
® MONTH DAYS ( KNH S CCF S
------------------------------------------------- --------------------------)
DEC 88 30 ( 11,200 $703.79 1,223 5678.32
NOV 88 30 8,320 $572.08 826 5471.38
OCT 88 30 6,560 $452.57 317 5187.97
SEP 88 30 8,800 $604.67 ( 125 $80.81
AUG 88 30 13,120 $1,135.47 100 $67.92
JUL 88 30 ( 11,120 $963.47 109 578.84
JUN 88 30 10,080 $874.03 119 $85.16
MAY 88 30 7,360 $640.11 123 $80.70
APR 88 30 8,080 5511.U9 330 $195.95
MAR 88 30 6,560 5448.32 784 $450.40
FES 88 30 10,640 $616.82 1,245 $670.03
JAN 88 30 11,520 $653.17 1,165 5616.73
- --------------------------�
TOTAL 113360 1 58,175.59 6,466 1 $3,664.21
---------------------------------------------------- -------�
F-14
ENERGY CONSUMPTION DATA
DATE ( 03/01/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY '-
ACCOUNT # 38630970173
METER # 00000000 (elec); 04013816 (gas)
BUILDING
NAME WASTEWATER TREATMENT PLANT
ADDRESS OLD HWY 94, CALLAWAY COUNTY
1988 >>
ELECTRICAL USAGE GAS USAGE
MONTH DAYS KWH S CCF S
------------------------------------------------- --------------------------�
DEC 88 30 ( 1,824 51,006.22
Nov 88 30 1,494 (844.25
OCT 88 30 ( 549 $317.45
SEP 88 30 130,020 $8,178.58 236 $142.60
AUG 88 30 130,020 $8,030.90 135 $95.01
JUL 88 30 121,155 $7,474.27 ( 163 $112.42
JUN 88 30 108,350 $6,653.02 177 $121.32
MAY 88 30 133,960 $6,527.04 258 $156.61
APR 88 30 139,870 $6,761'.06 661 $381.47
MAR 88 30 154,645 $7,133.11 1,605 $910.49
FEB 88 30 118,200 $6,065.27 3,001 $1,587.48
JAN 88 30 148,735 $6,934.14 2,646 $1,386.71
...I--------------------------�
TOTAL ( 12,749 ( $7,062.03
.....--- -----�
F-15
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ( ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY
ACCOUNT M 38630970035
METER N 25767904 (elec); 03064399 (gas)
BUILDING
NAME AIRPORT TERMINAL / RESTAURANT
ADDRESS 500 AIRPORT RD., CALLAWAY COUNTY
<< 1988 »
ELECTRICAL USAGE GAS USAGE
MONTH DAYS KWH S , CCF S
------------------------------------------------- --------------------------�
DEC 88 30 11,080 $633.93 637 $358.60
NOV 88 30 11,720 $660.36 513 $297.15
OCT 88 30 ` 10,440 5607.50 234 $141.65
SEP 88 30 15,800 $828.87 109 $71.81
AUG 88 30 18,120 51,565.47 ( 95 570.13
JUL 88 30 14,280 $1,235.23 83 562.67 ,
JUN 88 30 16,200 $1,400.35 ( 108 $78.33
MAY 88 30 ( 14,880 $1,286.83 117 $77.06
APR 88 30 6,360 $438.99 ` 265 5159.56
MAR 88 30 10,280 $705.16 539 $313.11
FEB 88 30 11,760 5805.65 925 5496.95
JAN 88 30 10,320 $707.88 ( 962 5511.19
------------------------------------------------- --------------------------�
TOTAL 151,240 1 110,876.22 4,587 1 $2,638.21
F-16
ENERGY CONSUMPTION DATA
DATE 02/27/89
CONSULTANT ENERGY MASTERS CORPORATION
CLIENT JEFFERSON CITY CLIENT ` JEFFERSON CITY
ACCOUNT 0 38630970095 ACCOUNT 0 38630971003
METER # 55580337 (elec) METER # 29211521 (elec)
BUILDING BUILDING
NAME ( AIRPORT TOWER NAME RUNWAY LIGHTS
ADDRESS HUY #94, CALLAWAY COUNTY ADDRESS ( HW #94 CALLAWAY COUNTY
« 1988 >>
ELECTRICAL USAGE ELECTRICAL USAGE
MONTH DAYS ( KWH S ( MONTH DAYS KWH -$
-------------------------------------------------� -------------------------------------------......
DEC 88 30 2,040 5129.71 DEC 88 30 656 551.69
NOV 88 30 2,160 $134.66 NOV 88 30 640 $50.61
OCT 88 30 1,660 $114.84 ( OCT 88 30 ( 484 $40.01
SEP 88 30 1,680 $114.84 ( SEP 88 30 ( 486 $40.15
AUG 88 30 1,440 $130.99 ( AUG 88 30 i 344 $36.73
JUL 88 30 , 1,320 $120.67 JUL 88 30 471 $47.66
JUN Be 30 1,440 $130.99 JUN 88 30 569 $56.08
MAY 86 30 1,320 $120.67 MAY 88 30 451 $45.94
® APR 88 30 1,560 $109.88 APR 88 30 ( 538 $43.68
MAR 88 30 1,680 $114.84 MAR 88 30 579 $46.46
FEB 88 30 2,280 $139.62 FEB 88 30 ( 719 $55.97
JAN 88 30 1,560 $109.88 ( JAN 88 30 ( 554 $44.77
------------------------------------------------- -------------------------------------------------�
TOTAL 1 20,160 1 51,471.59 TOTAL 1 6,491 1 5559.75
--------------------------------------- --------------------------------------
ELECTRICAL USAGE
CLIENT JEFFERSON CITY s-
ACCOUNT 0 ' 38630970090 MONTN DAYS KWH 5
METER # 17458380 (elec) -------------------------------------------------�
BUILDING DEC 88 30 4,903 $273.83
NAME RUNWAY LIGHTS NOV 88 30 4,275 $247.89
ADDRESS HWY #94, CALLAWAY COUNTY OCT 88 30 ( 2,644 5180.53
SEP 68 30 2,417 5171.16
AUG 88 30 2,364 5210.45
JUL 88 30 2,138 $191.02
JUN 88 30 ( 2,413 $214.67
MAY 88 30 ( 1,892 $169.86
APR 88 30 ( 2,611 5154.25
MAR 88 30 3,845 5205.21
FEB 88 30 5,693 $281.53
JAN 88 30 5,141 5258.73
.................................................�
TOTAL 40,336 1 $2,559.13 ,
--------------------------------------
F-17
EXHIBIT G
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
PROJECTED ENERGY SAVINGS
This Exhibit shall be amended upon completion and written approval
of the CEMP report by the City. The figures below represent the
MINIMUM project savings guaranteed by Service Company. Actual
Savings Calculations shall be inserted as additional pages to
Exhibit G after completion of CEMP.
The savings are guaranteed for a yearly amount of $ 281545.
City Acceptance Initials Date
t_
G-1
REVISED April 71 1989
EXHIBIT H
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
TERMINATION FEE AND BUY-OUT EXHIBIT
A. Purchase Price: City may elect, upon receipt of the CEMP, to
purchase the CEMP as a turnkey project from Service Company.
Service Company shall set a fixed installation cost for such
turnkey installation, such cost to meet at a minimum the
economic criteria outlined in Exhibit B [ii] of this Agreement
and to include a full Warranty of all Improvements and labor
for 1 full year from Project Acceptance. Energy Saving
Guarantee as outlined in Exhibit J may be included at the
option of the City at additional cost which shall be quoted
at the request of the City. *
B. Termination Fee: If this Agreement is terminated at any time
after the Project Acceptance Date, a termination fee based on
a fixed price or ratio of principal balance may be negotiated
as a term of the Lease as defined in Exhibit N of this
Agreement. Upon completion of the CEMP, Service Company agrees
to provide an amortization schedule in Exhibit N for project
funds arranged by Service Company under this agreement,
including termination options and costs.
C. Improvements Condition: In the event the City wishes to
exercise the Buy-out in the amount of the Termination Fee
stated herein, the Improvements shall change hands in an "As-
Is" basis at the time of the Buy-Out, and Service Company
shall be released from any and all liabilities relating to the
Improvements, including but not limited to Improvements
design, installation, programming, operation, savings,
insurances, and warranties of any kind; except that the City-
shall be fully entitled to any and all warranties of the
Manufacturers or suppliers where individual installed
Improvements components are concerned.
r•'
* The City may elect to purchase the CEMP for Twenty
Three Thousand Dollars ($ 23,000) from the Service, Company
with no further obligation.
City Acceptance Initials Date
H-1
REVISED April 71 1989
® EXHIBIT I
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
SERVICE AND COMFORT STANDARDS
Service and comfort standards shall be set forth below prior to the
preparation of the CEMP report.
HEATING QXd=
OCCUPIED HOURS SETPOINTS SETPOINIS
M - F To Be Determined 72F 77F
Saturday
Sunday
. City Acceptance Initials Date
N
z-1
REVISED April 7, 1989
Ak EXHIBIT J
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
INSURANCE REQUIREMENTS
At all times during.the term of this Agreement, Service Company
shall carry and maintain in full force, at Service Company's
expense, the following insurance policies with Insurance Companies
acceptable to the City. Such policies shall include a provision
requiring a minimum of 30 day's notice to City of change or
cancellation:
I. Comprehensive General Liability insurance in an amount of
$500,000 per occurrence including the following coverages:
Contractual Insurance; Personal Injury; Premises Operations;
Explosion, Collapse, and Underground Hazards; Product
Completed Operations Hazard; Broad Form Property Damage; and
Independent Contractors.
2. Worker's Compensation insurance in accordance with the
provisions of the Worker's Compensation Act for all of it's
employees to be engaged in activities at the Project and in
® case services are subcontracted, Service Company shall require
the Subcontractor similarly to provide the Workman's
Compensation insurance for all of the latter's employees to
be engaged in such services.
Service Company shall provide City with certificate(s) of
insurance evidencing the policies listed above prior . to the
commencement of the Project. City shall be named as
Additional Insured as its interests may appear for all
Comprehensive General Liability Insurance.
3. Service Company warrants that it will abide by all applicable..
laws, ordinances, rules, and regulations having jurisdiction
over the Project and Service Company is responsible for its
own safety program and compliance with applicable OSHA
regulations.
4. In instances where the City purchases the CEMP outright and r
wishes Guaranteed Energy Savings, the following section must
be signed indicating acceptance of the Guaranteed Savings
available through Service Company.
The Guaranteed Energy Savings constitutes an additional cost as
• outlined in Section 12 [1] of this Agreement.
J-1
CITY
ACCEPTS GUARANTEED
SAVINGS
Gtkbatx}Jlot), x Xmignataae Date
By accepting the Guaranteed Savings, Service Company shall
guarantee per City, annual project energy cost savings of
year as a minimum amount. City understands that
this amount is equal to the amount of annual lease cost stated in
Exhibit N, Lease Term and Payments.
City further understands that the amount stated herein is a Minimum
Warranty, and that Service Company has the right to adjust this
Warranty amount upward in accordance with actual engineered savings
for the project.
COST OF' GUARANTEE & MONITORING $ 211840 _
ANDUMN=YaOVMUWX#XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TERM OF COVERAGE: Seven ( 7) YEARS
z_
City Acceptance Initials Date
J-2
REVISED April 7, 1989
•
EXHIBIT K
(Attached to and forming part of Energy Management Agreement dated
this day of , 1989, between Energy Masters
Corporation, and the City of Jefferson, a municipal corporation of
the State of Missouri. )
CITY'S OPERATIONS AND MAINTENANCE RESPONSIBILITIES
Exhibit K, to be completed by the "Project Acceptance Date"
(Exhibit 0) , will list the operations and maintenance procedures
that the City and the Service Company are undertaking at the
facility. This schedule will serve as a baseline to refer to
changes in operations and/or maintenance procedures that might
affect energy consumption during the term of this Agreement.
City agrees to perform rountine maintenance on all improvements.
City Acceptance Initials Date
K-1
•
REVISED April. 71 1989
® EXHIBIT L
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri.)
*This checklist shall be prepared by Service Company and shall be
included with invoices to City. City is obligated to remedy
deficiencies noted in this checklist in accordance with the
requirements of Sections 6 and 24 of the Agreement.
* A checklist may not be applicable if savings meet
projections.
t»
City Acceptance Initials Date
L-1
REVISED April 7, 1989
•
EXHIBIT M
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
CITY'S PERMITTED USE ACCESS
Upon completion of the Service Company installation, Service
Company and City maintenance personnel will develop an Exhibit M
which will clarify how City personnel will utilize, adjust and work
with the Service Company equipment.
•
i
City Acceptance Initials Date
EXHIBIT N
(Attached to and forming part of Energy Management Agreement
dated this day of A, 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
LEASE TERMS AND PAYMENT
Service Company will obtain quotes from financial sources
interested in investing in the CEMP project under a Shared Savings
arrangement.
Exhibit N, to be filled in upon completion of the CEMP outlines the
lease term, the interest rate, the buyout amount for purchase at
the end of the agreement, and the fixed minimum monthly payment due
from City to Service Company to retire project debt.
TOTAL PRINCIPAL VALUE: $
MINIMUM MONTHLY PAYMENT: $
TERM: (not to exceed 84 months)
INTEREST RATE QUOTE:
BUY-OUT AT END $ Optional
LATE CHARGE: 1.5% per month
The Minimum Monthly Lease Payment is equal to an amount not to
exceed 1000 of the guaranteed projected energy savings from the
CEMP. Lease term, percentage shares, termination fees, and payment
amount shall be determined jointly with the City and Service
Company once project specifications and interest rate quotes are
obtained.
City Acceptance Initials Date
S EXHIBIT 0
(Attached to and forming part of Energy Management Agreement
dated this day of , 1989, between Energy
Masters Corporation, and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri. )
PROJECT ACCEPTANCE
Pursuant to the Energy Management Agreement dated ,
1989, by and between Service Company and City, City does hereby
acknowledge the satisfactory installation by Service Company of the
energy savings or other equipment specified in Exhibit B of said
Agreement and applicable Amendments thereof.
Date:
By:
Title:
® Receipt of the above Acceptance is hereby acknowledged: Energy .
Masters Corporation
Date:
By:
Title: