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Performance Contract Template is usually an agreement between a public agency and the government. It makes general goals for the agency, sets targets for measuring performance and provides incentives for achieving these targets. This performance contract is an energy performance contract. This contract is made by and between an energy service company and an agency.

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Energy Performance Contract
ESCOPerformanceContract030603.doc Page 1
This Energy Performance Contract ("Contract") is made and entered into as of <date>, by
and between <name of energy service company> ("ESCO"), having its principal offices at
<ESCO’s physical address>, and the State of Idaho, Department of Administration, Division of
Public Works (“DPW”) for <name of agency> ("Agency").
Agency owns and operates facilities, and wishes to acquire equipment and services to
reduce energy costs and related expenses in the facilities.
ESCO has experience and technical management capabilities to identify and evaluate
energy cost saving opportunities, and provide for engineering, packaging, procurement,
installation, financing, maintenance and measurement of cost effective energy and water cost
saving measures (“CSMs”).
ESCO has delivered to Agency a response to DPW’s and Agency’s Request for
Qualifications (“RFQ”) pertaining to the engineering, design, packaging, procurement,
installation, financing and measurement of cost effective CSMs at Agency’s facilities.
In accordance with the provisions of the RFQ, ESCO was selected to perform a technical
energy audit and pursuant to the Technical Energy Audit and Project Development Plan
Agreement, dated _________________, has delivered to DPW and Agency a Technical Energy
Audit Report and Project Development Plan (“Audit Report”) which includes an assessment of
the energy consumption characteristics of Agency’s facilities and the identification and
evaluation of viable CSMs, as well as estimates of expected energy and operational savings and
associated project costs for each recommended CSM.
Agency desires to contract with ESCO for the design, installation, financing,
maintenance and measurement of the CSMs all as set forth herein. <Note: If there will be no
financing under the Contract, reference to “financing” should be removed here and in
other appropriate parts of the Contract.>
ESCO, DPW and Agency all acknowledge and agree that the purpose of this Contract is
to achieve the Cost Saving Measures contemplated by this Contract to the benefit of Agency and
all agree to cooperate to achieve the purpose of this Contract.
Performance Contract Template
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