Energy Efficiency Services Ltd J "'?: 'HJ~Laifloor:A13 Sectormfard; 1 Landmark: Iwai Building Cltymllage: Noida District: Noida State: up O S A
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·if· Indian-Non Judicial Stamp A Harya 1a GOvttmment • Date 1210612017 P0t.:2017F140 ,•• u•• ". StampDuty Paid: ~ 101 "'.~.'t, 27839793 -~ 1IIIIIall:'@& ~':' Penalty: ~ 0 Deponent Name : Energy efficiency Services Ltd j "'?: 'HJ~laIFloor:A13 SectorMfard; 1 Landmark: Iwai building CltyMllage: Noida District: NOIda State: Up o s a. This Agreement (the "Agreement") is made and executed on the 14thday of June, 2017, at the office of CE/ULB, Directorate of Urban Local Bodies, Bay 11-14, Block-B, Sector 4, Panchkula, Haryana. BY AND AMONGST: The Governor of the State of Haryana acting through the Chief Engineer ULB, Department of Urban Local Bodies, Government of Haryana having principal office at Bay 11-14, Block-B, Sector 4, Panchkula, Harvana. (herein_after referred to as "State Government", which expression shall unless repugnant to the context thereof, include its successors and assigns), of the FIRST PARTY; AND Energy Efficiency Services Limited, a company incorporated under the provisions of the Companies Act, 1956 as a JV of PSUs of the Ministry of Power, Government of India, with its registered office at 4th Floor, Sewa_Bhawan, R. K, Puram, Sector- 1, New Delhi - 110066and corporate office at 4th Floor, IWAI Building, A-13, Sector-1, Noida - 201301, Uttar Pradesh (hereinafter referred to as "EESL", which expression shall, unless repugnant to the context or meaning thereof, include its successors, permitted assigns and substitutes) of the SECONDPARTY. Hereinafter, State Governmentand EESL are individually referred to as a Party and collectively referred to as the Parties. _, Page 1 of 11 ·:..eeSl* ... ' ·-. 1. BACKGROUND 1.1. Ministry of Urban Development, Government of India (hereinafter referred to as "MoUD") and EESL has entered into a Memorandum of Understanding (hereinafter referred to as "MoU") on 28th September 2016 at New Delhi. 1.2. Energy Audit and optimizing energy consumption are mandatory reforms under Atal Mission for Rejuvenation and Urban Transformation (hereinafter referred to as "AMRUT"). Accordingly, the objective of the MoU is to provide an overarching framework in order to felicitate engagement between State Governments and Municipal Corporation / Urban Local Body (ULB) / Special Purpose Vehicle (SPV) / Parastatal agency / State Water Supplies Department (SWSD) (hereinafter referred to as "ULB" which expression shall, unless repugnant to the context or meaning thereof, include its successors, permitted assigns and substitutes) with Energy Efficiency Services Limited (EESL) in the area of Energy Efficiency Projects in the Indian Cities. 1.3. It is also desired that using the mandate and core competency of this Public Sector Enterprise of Ministry of Power, Govt. of India namely EESL,theefforts in this area regarding preparation and implementation of Projects in the area of Energy Efficiency are fast tracked. 1.4. Haryana covers 44,212 square kilometers (17,070 sq. mi), and is the twenty first largest Indian state by area. Haryana is the fourteenth largest Indian state by economy, with a GDPof 4.42 lakh crore. There are a total of 18 nos. of Cities in the State of Haryana identified under Atal Mission for Rejuvenation and Urban Transformation (AMRUT). As per CEA General Review 2013-14, electrical energy sale in the public water works and sewage system in the State of Haryana was 827.84 MU. At an approximate energy saving potential of 25%, it is estimated that by replacement of old inefficient pump sets in these public water works & sewage systems, approx. 206.96 MU may be saved each year which will result to monetary savings of approx. Rs. 134.52 Crores per annu.m. State Government and EESL have agreed to enter into this Agreement for Preparation of Investment Grade Energy Audit (IGEA) Report (as defined in Clause 2.2) for determining potential of implementation of Energy Efficiency Projects in the Public Water Works and/ or Sewerage Systems, subject to and on the terms and conditions set forth hereinafter. 1.5. An IGEAReport is the first step in the path to improved energy efficiency. An IGEA Report is the process of conducting an energy audit to identify efficiency opportunities, and translating the technical findings into financial terms to present it as a bankable project capable of securing a loan. The IGEA Report Page 2 of 11 '4i1i contains information related to energy use by the ULB and provides clarity on the baseline and verifiability of savings once the Project is implemented. 1.6. It is clarified that the intention of the Parties is to enter into this Agreement is to implement the findings of the IGEAReport on mutually agreed consent.EESL shall enter into a separate Tri-partite Agreement (hereinafter referred to as "Tri-partite Agreement") based upon the model Tri-partite Agreement approved by MoUD) with the State Government and the respective ULBfor implementation of the Energy Efficiency measures proposed in the IGEAReport. 1.7. NOW THEREFORE, in conslderatlon of the foregoing and the respective covenants andagreements set forth in this Agreement, the sufficiency and adequacy of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: 2. AGREEMENT DATE AND TERM OF THE AGREEMENT 2.1. This Agreement shall come into force and effect on the date of execution of this Agreement by both the Parties (hereinafter referred to as "Agreement Date"). 2.2. The work shall be known as the "Energy Efficiency Program in Public WaterWorks and Sewerage System in the Cities of Haryana" (hereinafter referred to as "IGEA Report").IGEA Report shall be prepared for each separate City. Each separate MC / ULB / SPV / Parastatal agency shall be treated as a separate ULB. 2.3. Project Area 2.3.1. The extent of the Project Area shall be the Municipal Boundaries of the ULBlisted in Schedule '6'. 2.3.2. Both the Parties agree to jointly work for the ULB(ies) in a phased manner, preferably in an order as below: 2.3.2.1. Cities selected under Smart Cities Mission 2.3.2.2. Cities as potential Cities under Smart Cities Mission 2.3.2.3. Cities under AMRUT 2.3.2.4. All other Cities 2.3.3. The City shall be deemed to be an "Identified City" on the day (hereinafter referred to as "Effective Date") the State Government provides / felicitates: 2.3.3.1. nomination of nodal officer from the ULB Page 3 of 11 2.3.3.2. Holding kick off meeting with the nodal officer and providing EESL with the inventory details of the pump sets 2.3.4. In case the total nos. of pump sets in an Identified City is more than 150 (one hundred and fifty), the IGEA Report(as defined in Clause 2.2) shall be split in multiple IGEA Reports. 2.4. Scope The Parties agree that the following key activities shall be scope of the Projectand the Parties shall work together to complete the activities through mutual co-operation and support: 2.4.1. Arriving at the number of pump sets, as the case may be, based on datal information provided by ULB,to enable preparation of the IGEA Report. 2.4.2. Hiring of Energy Auditing agency on tendering basis (hereinafter referred to as "Identified Agency") to prepare Investment GradeEnergy Audit Report for the Public Water Works and Sewerage System of the Identified City. 2.4.3. Submission of IGEA Report for approval and undertake implementation of findings of the IGEA Report by entering in a Tri-partite Agreement between the Parties and the ULB. 2.4.4. Periodic monitoring and reporting on the progress of the IGEA Report, issues in carrying out Energy Auditand support/ felicitation to be extended by the State Government to improve the effectiveness of the IGEA Report. 2.4.5. The baseline, such as operating hours, power consumption, operating head, operating flow, voltage, frequency, power factor, current, etc. shall be fixed at the time of preparation of IGEA Report. 2.4.6. A Job Card shall be prepared for each audited pump set which shall be duly signed by both EESLor its Identified Agency and the ULB. 2.4.7. The baseline shall remain fixed for calculation of energy savings at the time of implementation of the findings of the IGEA Report. The approved IGEA Report shall become part of the Tri-partite Agreement. 2.5. IGEA Report Schedule 2.5.1. Within 1 month of the Effective Date, EESLwill initiate the process of invitingtendersfor hiring of agency to prepare IGEAReport. 2.5.2. The IGEA Report shall be prepared and submitted to the ULBwithin 4 months of the Effective Date. However, in case of delays due to conditions not in the control of EESL, EESL will notify the State Page4 of 11 IBii Government regarding the same and provide the extended timelines for ~ubmission of IGEA Report. 2.5.3. Within 15 days from the date of submission of IGEA Report to ULB by EESL, the State Government shall ensure that the ULBsubmits the IGEA Report to State Level Technical Committee (hereinafter referred to as "SLTC") formed under the AMRUT Mission guidelines, for approval. 2.5.4. Within 30days from the date of submission of IGEA Report from ULBto SLTC,the SLTCshall approve the IGEA Report. 3. DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES 3.1. State Government obligations State Government shall be responsible: 3-1.1.. To identify Cities and provide inventory details to EESL; 3.1.2. To direct the concerned departments/ agencies to disseminate the requisite information and data and provide consents, permits, clearances, etc.; 3.1.3. To appoint and notify to EESL,the nodal person(s) for the Project at State Government level and ULBlevel who shall render full support to EESLfor Project implementation during the Term; 3.1.4.