Contract Terms

The EMS contract shall conform to the terms included in the RFP, utilize the terms and conditions set forth in Guidelines established by DOER, and confirm to other terms required by law and by the Local Governmental Body. The Contract shall include, but not be limited to, the following provisions: (1) A description of: (a) each required Energy Conservation Measure; (b) each water conservation measure; and (c) each unit producing On-site Energy Generation, to be installed by the Contractor. Such description shall include the cost of each measure or unit, the Energy Savings, or in the case of On-site Energy Generation, the energy to be generated, and the method to be used to measure and verify said Energy Savings or energy generated that conform to the most recent standards established by the FEMP of the United States Department of Energy. (2) Provisions that require all services and costs to be provided by the Contractor, including but not limited to, operation and maintenance services, measurement and verification services, and costs thereof, if applicable; (3) The fixed Guaranteed Maximum Price; (4) The fixed minimum Guarantee of Savings or in the case of On-site Energy Generation, Guarantee of Generation, measured in the appropriate unit of energy when compared with an Established Baseline of previous fuel, energy, water and operating or maintenance costs, including, but not limited to, future capital replacement expenditures avoided as a result of equipment installed or services performed; (5) The method to make the Local Governmental Body whole in the case of Guaranteed Savings or Generation shortfall, to be determined annually; and (6) The payment terms.