USA Statutes : nevada
Title : Title 27 - PUBLIC PROPERTY AND PURCHASING
Chapter : CHAPTER 333A - STATE PERFORMANCE CONTRACTS FOR OPERATING COST-SAVINGS MEASURES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 333A.015
to 333A.070 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2003, 3054 ; A 2005, 2901 )
“Board” means:
1. If the using agency that enters into a performance contract is
the Nevada System of Higher Education, the Board of Regents of the
University of Nevada; or
2. For any other using agency that enters into a performance
contract, the State Board of Examiners.
(Added to NRS by 2005, 2895 )
“Building” means any structure,
building or facility, including any equipment, furnishings or appliances
within the structure, building or facility, that is owned or operated by
a using agency. The term includes, without limitation, occupied and
unoccupied structures, buildings and facilities, and any other
improvements owned or operated by a using agency that incur operating
costs.
(Added to NRS by 2003, 3054 )—(Substituted in revision for NRS 333.520)
“Operating cost
savings” means any expenses that are eliminated or avoided on a long-term
basis as a result of the installation or modification of equipment, or
services performed by a qualified service company. The term does not
include any savings that are realized solely because of a shift in the
cost of personnel or other similar short-term cost savings.
(Added to NRS by 2003, 3054 )—(Substituted in revision for NRS 333.530)
“Operating
cost-savings measure” means any improvement, repair or alteration to a
building, or any equipment, fixture or furnishing to be added or used in
a building that is designed to reduce operating costs, including those
costs related to electrical energy and demand, thermal energy, water
consumption, waste disposal and contract-labor costs, and increase the
operating efficiency of the building for the appointed functions that are
cost-effective. The term includes, without limitation:
1. Procurement of low-cost energy supplies, including electricity
and natural gas.
2. Procurement of cost savings as a result of outsourcing energy
needs for electrical power, heating and cooling.
3. Operational or maintenance labor savings resulting from reduced
costs for maintenance contracts as provided through reduction of required
maintenance or operating tasks, including, without limitation,
replacement of filters and lighting products, and equipment failures.
4. Investment in equipment, products and materials, and strategies
for building operation, or any combination thereof, designed to reduce
energy and other utility expenses, including, without limitation:
(a) Costs for materials and labor required to replace old equipment
with new, more efficient equipment.
(b) Storm windows or doors, caulking or weather stripping,
multiglazed windows or doors, heat-absorbing or heat-reflective glazed or
coated windows or doors, reductions in glass area, and other
modifications to windows and doors that will reduce energy consumption.
(c) Automated or computerized energy control systems.
(d) Replacement of, or modifications to, heating, ventilation or
air-conditioning systems.
(e) Replacement of, or modifications to, lighting fixtures.
(f) Improvements to the indoor air quality of a building that
conform to all requirements of an applicable building code.
(g) Energy recovery systems.
(h) Systems for combined cooling, heating and power that produce
steam or other forms of energy, for use primarily within the building or
a complex of buildings.
(i) Installation of, or modifications to, existing systems for
daylighting, including lighting control systems.
(j) Installation of, or modification to, technologies that use
renewable or alternative energy sources.
(k) Programs relating to building operation that reduce operating
costs, including, without limitation, computerized programs, training and
other similar activities.
(l) Programs for improvement of steam traps to reduce operating
costs.
(m) Devices that reduce water consumption in buildings, for lawns
and for other irrigation applications.
(n) Any additional improvements to building infrastructures that
produce energy and operating cost savings, significantly reduce energy
consumption or increase the operating efficiency of the buildings for
their appointed functions, provided that such improvements comply with
applicable building codes.
(o) Trash compaction and waste minimization.
5. Investment in educational programs relating to occupational
behavior that are designed to reduce the consumption of energy or water,
or both, and the generation of waste.
(Added to NRS by 2003, 3054 )—(Substituted in revision for NRS 333.540)
“Performance
contract” means a contract between a using agency and a qualified service
company for the evaluation, recommendation and implementation of one or
more operating cost-savings measures.
(Added to NRS by 2003, 3055 )—(Substituted in revision for NRS 333.550)
“Qualified
service company” means a person with a record of established projects or
a person with demonstrated technical, operational, financial and
managerial capabilities to design and carry out operating cost-savings
measures and other similar building improvements, and who has the ability
to secure necessary financial measures to ensure related guarantees for
operating cost savings.
(Added to NRS by 2003, 3055 )—(Substituted in revision for NRS 333.560)
“Using agency” means all
officers, departments, institutions, boards, commissions and other
agencies in the Executive Department of the State Government which derive
their support from public money in whole or in part, whether the money is
provided by the State of Nevada, received from the Federal Government or
any branch, bureau or agency thereof, or derived from private or other
sources. The term includes the Nevada System of Higher Education, but
does not include the Nevada Rural Housing Authority, local governments as
defined in NRS 354.474 , conservation districts and irrigation districts.
(Added to NRS by 2003, 3055 )
1. Notwithstanding any provision of this chapter, chapter 333
and 338 of NRS to the contrary, a using agency may enter into a performance
contract with a qualified service company for the purchase and
installation of one or more operating cost-savings measures to reduce
costs related to energy, water and the disposal of waste, and related
labor costs.
2. Any operating cost-savings measures put into place as a result
of a performance contract must comply with all applicable building codes.
(Added to NRS by 2005, 2895 )
1. The State Public Works Board shall determine those companies
that satisfy the requirements of qualified service companies for the
purposes of this chapter. In making such a determination, the State
Public Works Board shall enlist the assistance of the staffs of the
Office of Energy within the Office of the Governor, the Buildings and
Grounds Division of the Department of Administration and the Purchasing
Division of the Department of Administration. The State Public Works
Board shall prepare and issue a request for qualifications to not less
than three potential qualified service companies.
2. In sending out a request for qualifications, the State Public
Works Board:
(a) Shall attempt to identify at least one potential qualified
service company located within this State; and
(b) May consider whether and to what extent the companies to which
the request for qualifications will be sent will use local contractors.
3. The State Public Works Board shall adopt, by regulation,
criteria to determine those companies that satisfy the requirements of
qualified service companies. The criteria for evaluation must include,
without limitation, the following areas as substantive factors to assess
the capability of such companies:
(a) Design;
(b) Engineering;
(c) Installation;
(d) Maintenance and repairs associated with performance contracts;
(e) Experience in conversions to different sources of energy or
fuel and other services related to operating cost-savings measures
provided that is done in association with a comprehensive energy, water
or waste disposal cost-savings retrofit;
(f) Monitoring projects after the projects are installed;
(g) Data collection and reporting of savings;
(h) Overall project experience and qualifications;
(i) Management capability;
(j) Ability to access long-term financing;
(k) Experience with projects of similar size and scope; and
(l) Such other factors determined by the State Public Works Board
to be relevant and appropriate to the ability of a company to perform the
projects.
Ê In determining whether a company satisfies the requirements of a
qualified service company, the State Public Works Board shall also
consider whether the company holds the appropriate licenses required for
the design, engineering and construction which would be completed
pursuant to a performance contract.
4. The State Public Works Board shall compile a list of those
companies that it determines satisfy the requirements of qualified
service companies.
(Added to NRS by 2003, 3056 ; A 2005, 2901 )
1. The Purchasing Division of the Department of Administration
shall work directly with any using agency interested in entering into a
performance contract, using the list of qualified service companies
compiled by the State Public Works Board pursuant to NRS 333A.080 . The Purchasing Division, in conjunction
with the using agency, shall ensure that each appropriate qualified
service company is notified of the using agency’s interest in entering
into a performance contract and coordinate an opportunity for each such
qualified service company to:
(a) Visit the site pertaining to which the using agency wishes to
enter into a performance contract;
(b) Perform a comprehensive audit in the manner prescribed in NRS
333A.084 ; and
(c) Submit a proposal, including, without limitation, the
comprehensive audit, and make a related presentation to the using agency
for all operating cost-savings measures that the qualified service
company determines would be practicable to implement.
2. The using agency shall:
(a) Evaluate the proposals and presentations made pursuant to
subsection 1;
(b) Evaluate the financial stability of the qualified service
companies that made proposals and presentations pursuant to subsection 1
based on the financial statements and ratings of the qualified service
companies; and
(c) Select a qualified service company,
Ê pursuant to the provisions of this chapter and any regulations adopted
pursuant thereto, for evaluating and awarding contracts.
3. A qualified service company selected by a using agency pursuant
to subsection 2 shall prepare a financial-grade operational audit, which
must include, without limitation:
(a) A detailed explanation of the operating cost savings that will
result from the performance contract; and
(b) A comparison of the costs of implementing the operating
cost-savings measures to the operating cost savings that are anticipated
as a result of the performance contract.
4. Except as otherwise provided in this subsection, the
financial-grade operational audit prepared by the qualified service
company pursuant to subsection 3 becomes, upon acceptance, a part of the
final performance contract and the costs incurred by the qualified
service company in preparing the financial-grade operational audit shall
be deemed to be part of the performance contract. If, after the
financial-grade operational audit is prepared, the using agency decides
not to execute the performance contract, the using agency shall pay the
qualified service company that prepared the financial-grade operational
audit the costs incurred by the qualified service company in preparing
the financial-grade operational audit, if the Legislature has
specifically appropriated money for that purpose. An appropriation by the
Legislature for the purchase and installation of an operating
cost-savings measure creates no presumption that the using agency for
which the money was appropriated is required to enter into such a
performance contract.
(Added to NRS by 2005, 2895 )
1. Each comprehensive audit performed pursuant to paragraph (b) of
subsection 1 of NRS 333A.082 must
include, without limitation:
(a) An assessment of any operating cost-savings measure that might
be implemented within the building of the using agency, including,
without limitation, any operating cost-savings measure specifically
requested by the using agency;
(b) An estimate of the costs associated with implementing an
operating cost-savings measure described in paragraph (a);
(c) A comparison of the energy and water consumption in the
building of the using agency to the energy and water consumption in
similar buildings; and
(d) A report that compares the current pattern of the costs to the
using agency associated with energy consumption, water consumption and
the disposal of waste, and related labor costs, to the projected costs if
the using agency implements operating cost-savings measures.
2. A comprehensive audit must be based on:
(a) A review and analysis of the historical energy and water usage
of the using agency; and
(b) Surveys, plans, specifications or drawings that provide details
of the structure or design of the building of the using agency.
3. The using agency shall provide to each qualified service
company that intends to perform a comprehensive audit the records of the
energy and water consumption of the building.
(Added to NRS by 2005, 2896 )
1. A using agency that selects a qualified service company
pursuant to NRS 333A.082 shall retain
the professional services of a third-party consultant to work on behalf
of the using agency in coordination with the qualified service company.
2. A third-party consultant retained pursuant to subsection 1 must
be certified by the Association of Energy Engineers as a “Certified
Energy Manager” or hold similar credentials from a comparable nationally
recognized organization.
3. The duties of a third-party consultant retained pursuant to
subsection 1 may include, without limitation:
(a) Assisting the using agency in reviewing the operating
cost-savings measures proposed by the qualified service company;
(b) Overseeing the construction of the operating cost-savings
measures; and
(c) Monitoring the operating cost savings after the construction of
the operating cost-savings measures is completed.
4. The Purchasing Division of the Department of Administration may
procure sufficient funding from the qualified service company, through
negotiation, to pay for the third-party consultant out of the proceeds
relating to the performance contract. A qualified service company shall
not pay a third-party consultant directly for the work described in
subsection 3.
5. A third-party consultant retained pursuant to subsection 1 may
recommend that the using agency not execute the performance contract. If
the using agency does not execute the performance contract, the using
agency shall pay the third-party consultant a prenegotiated fee based on
the work completed by the third-party consultant.
(Added to NRS by 2005, 2897 )
1. Any financing related to a performance contract must be
approved by the Board.
2. A performance contract may be financed through:
(a) A person other than the qualified service company.
(b) An installment-purchase contract or lease-purchase contract.
Such an installment-purchase contract or lease-purchase contract is not
subject to:
(1) The provisions of NRS 353.500 to 353.630 , inclusive.
(2) Any requirement of competitive bidding or other
restriction imposed on the procedure for the awarding of contracts or the
procurement of goods or services.
3. A performance contract may be structured as:
(a) A performance contract that guarantees operating cost savings,
which includes, without limitation, the design and installation of
equipment, the operation and maintenance, if applicable, of any of the
operating cost-savings measures and the guaranteed annual savings which
must meet or exceed the total annual contract payments to be made by the
using agency, including, without limitation, any financing charges to be
incurred by the using agency over the life of the performance contract.
The using agency may require that these savings be verified:
(1) When the work required by the performance contract is
completed and 1 year after that work is completed; or
(2) Over a sufficient period that demonstrates savings.
(b) A shared-savings contract which includes provisions mutually
agreed upon by the using agency and qualified service company as to the
negotiated rate of payments based upon operating cost savings and a
stipulated maximum consumption level of energy or water, or both energy
and water, over the life of the contract.
4. The annual operating cost savings resulting from a performance
contract must meet or exceed the total annual contract payments to be
made by the using agency, including any financing charges to be incurred
by the using agency over the life of the performance contract.
5. A change order to a performance contract executed pursuant to
NRS 333A.080 may not be approved by
the using agency if the cost of the change order would cause the annual
operating cost savings resulting from the performance contract to be less
than the total annual contract payments to be made by the using agency,
including any financing charges to be incurred by the using agency over
the life of the performance contract, unless approval of the change order
is more economically feasible than termination of the operating
cost-savings measure.
(Added to NRS by 2003, 3058 ; A 2005, 2903 )
In connection with any
installment-purchase contract or lease-purchase contract entered into to
finance a performance contract, the Board may:
1. Grant a security interest in any property that is the subject
of the installment-purchase contract or lease-purchase contract and
execute an instrument to evidence such a security interest, including,
without limitation, a deed of trust, a leasehold interest deed of trust,
a mortgage or a financing agreement.
2. Offer certificates of participation.
3. If the installment-purchase contract or lease-purchase contract
involves an improvement to property owned by the State of Nevada or the
using agency, enter into a lease of the property to which the improvement
will be made and any property that is adjacent to that property if the
installment-purchase contract or lease-purchase contract:
(a) Except as otherwise provided in NRS 333A.0916 , has a term of not more than 15 years
beyond the date on which construction of the work required by the
installment-purchase contract or lease-purchase contract is completed; and
(b) Provides for rental payments that approximate the fair market
rental of the property before the improvement is made, as determined by
the Board at the time the parties enter into the lease, which must be
paid if the installment-purchase contract or lease-purchase contract
terminates before the expiration of the lease because the Legislature
fails to appropriate money for payments due pursuant to the
installment-purchase contract or lease-purchase contract.
Ê A lease entered into pursuant to this subsection may provide for
nominal rental payments to be paid pursuant to the lease before the
installment-purchase contract or lease-purchase contract terminates.
4. Enter into any other agreement, contract or arrangement that
the Board determines would be beneficial to the purpose of the
installment-purchase contract or lease-purchase contract, including,
without limitation, contracts for professional services, trust
indentures, paying agent agreements and contracts of insurance.
(Added to NRS by 2005, 2897 )
For
the period during which an installment-purchase contract or
lease-purchase contract that was entered into to finance a performance
contract is in effect, the property that is the subject of the
installment-purchase contract or lease-purchase contract:
1. Is exempt from ad valorem property taxation by this State and
its political subdivisions if:
(a) An improvement is being constructed on the property pursuant to
the installment-purchase contract or lease-purchase contract; or
(b) This State or a using agency is in possession of the property.
2. Shall be deemed to be the property of this State or the using
agency that is a party to the installment-purchase contract or
lease-purchase contract for the purposes of statutory limits on damages
that may be awarded against this State, including, without limitation,
the limits in chapter 41 of NRS, with respect
to any action or claim, including a claim for civil damages, that arises
from or is related to the property and is brought by a person who is not
a party to the installment-purchase contract or lease-purchase contract
if:
(a) An improvement is being constructed on the property pursuant to
the installment-purchase contract or lease-purchase contract; or
(b) This State or the using agency is in possession of the property.
(Added to NRS by 2005, 2898 )
Any
obligations of this State issued in accordance with this chapter may be
refunded on behalf of the State by the Board without the necessity of the
refunding obligations being authorized by this chapter by the adoption of
a resolution by the Board authorizing the issuance of obligations to
refund, pay and discharge all or any part of such outstanding obligations
of any one or more or all outstanding issues:
1. For the acceleration, deceleration or other modification of the
payment of such obligations, including, without limitation, any interest
on such obligations that is in arrears or about to become due for any
period not exceeding 3 years after the date of the issuance of the
refunding obligations, unless the capitalization of interest on
obligations constituting an indebtedness increases the debt of the State
in excess of the limitation set forth in Section 3 of Article 9 of the
Nevada Constitution.
2. For the purpose of reducing interest costs or effecting other
economies.
3. For the purpose of modifying or eliminating restrictive
contractual limitations appertaining to the issuance of additional
obligations, otherwise concerning the outstanding obligations, or
otherwise relating to any operating cost-savings measure appertaining
thereto.
4. For any combination of the purposes set forth in subsections 1,
2 and 3.
(Added to NRS by 2005, 2898 )
1. Except as otherwise provided in NRS 333A.0906 to 333A.0916 , inclusive, the proceeds of refunding
obligations issued pursuant to NRS 333A.0906 must be immediately applied to the
retirement of the obligations to be refunded or be placed in escrow or
trust in any trust bank or trust banks within or without or both within
and without this State to be applied to the payment of the refunded
obligations or the refunding obligations, or both, upon their
presentation for payment to the extent, in such priority and otherwise in
the manner which the using agency may determine.
2. The incidental costs of refunding obligations may be paid by
the purchaser of the refunding obligations or be defrayed from any
revenues in the State General Fund, subject to appropriations for such
revenues as otherwise provided by law, or other available revenues of the
State under the control of the Board or from the proceeds of the
refunding obligations, or from the interest or other yield derived from
the investment of the proceeds of any refunding obligations or other
money in escrow or trust, or from any other sources legally available
therefor, or any combination thereof, as the using agency may determine.
3. Any accrued interest and any premium appertaining to a sale of
refunding obligations may be applied to the payment of the interest on or
principal of those refunding obligations, or both, or may be deposited in
a reserve therefor, or may be used to refund obligations by deposit in
escrow, trust or otherwise, or may be used to defray any incidental costs
appertaining to the refunding, or any combination thereof, as the using
agency may determine, but in no event by the incurrence of additional
debt in excess of the limitation on state debt set forth in Section 3 of
Article 9 of the Nevada Constitution.
(Added to NRS by 2005, 2899 )
1. Any escrow or trust into which the proceeds of refunding
obligations are placed pursuant to NRS 333A.0908 must not necessarily be limited to proceeds
of refunding obligations but may include other money available for its
purpose.
2. Any proceeds of refunding obligations placed in escrow or
trust, pending such use, may be invested or reinvested in federal
securities, and in the case of an escrow or trust for the refunding of
outstanding obligations issued in accordance with NRS 333A.0906 to 333A.0916 , inclusive, in other securities issued by
the Federal Government if the resolution by the Board authorizing the
issuance of such outstanding state securities or any trust indenture or
other proceedings appertaining thereto expressly allows any such
investment or reinvestment in such securities issued by the Federal
Government other than federal securities.
3. A trust bank accounting for federal securities and other
securities issued by the Federal Government in such escrow or trust may
place the securities for safekeeping wholly or in part in any trust bank
or trust banks within or without or both within and without this State.
4. A trust bank shall continuously secure any money placed in
escrow or trust and not so invested or reinvested in federal securities
and other securities issued by the Federal Government by a pledge in any
trust bank or trust banks within or without or both within and without
the State of federal securities in an amount at all times at least equal
to the total uninvested amount of such money accounted for in such escrow
or trust.
5. Such proceeds and investments in escrow or trust, together with
any interest or other gain to be derived from any such investment, must
be in an amount at all times at least sufficient to pay principal,
interest, any prior redemption premiums due, and any charges of the
escrow agent or trustee and any other incidental expenses payable
therefrom, except to the extent provision may have been previously
otherwise made therefor, as such obligations become due at their
respective maturities or due at designated prior redemption date or dates
in connection with which the using agency has exercised or is obligated
to exercise a prior redemption option on behalf of the State.
6. The computations made in determining such sufficiency must be
verified by a certified public accountant licensed to practice in this
State or in any other state.
7. Any purchaser of any refunding obligation issued pursuant to
NRS 333A.0906 to 333A.0916 , inclusive, is not responsible for the
application of the proceeds of the refunding obligation by the State, the
Board, the using agency or any of the officers, agents or employees of
the State.
8. As used in this section, “federal securities” means bills,
notes, certificates of indebtedness, bonds or other similar securities
which are direct obligations of the United States or which are
unconditionally guaranteed as to payment, both of principal and of
interest, by the United States.
(Added to NRS by 2005, 2899 )
Obligations for refunding and obligations
for any other purpose authorized pursuant to NRS 333A.0906 to 333A.0916 , inclusive, or by any other law may be
issued separately or issued in combination in one series or more by the
State in accordance with the provisions of NRS 333A.0906 to 333A.0916 , inclusive.
(Added to NRS by 2005, 2900 )
Except as otherwise provided in NRS 333A.0906 to 333A.0916 , inclusive, the relevant provisions
elsewhere herein appertaining generally to the issuance of obligations to
defray the cost of any operating cost-savings measure are equally
applicable in the authorization and issuance of refunding obligations,
including, without limitation, their terms and security, the covenants
and other provisions of the resolution authorizing the issuance of the
obligations, or other instrument or proceedings appertaining thereto, and
other aspects of the obligations.
(Added to NRS by 2005, 2900 )
1. An obligation may not be refunded pursuant to NRS 333A.0906
to 333A.0916 , inclusive, unless the holder of the
obligation voluntarily surrenders the obligation for exchange or payment,
or unless the obligation matures or is callable for prior redemption
under its terms within 25 years after the date of issuance of the
refunding obligations. Provision must be made for paying the securities
within that period.
2. The maturity of any obligation refunded may not be extended
beyond 25 years, or beyond 1 year next following the date of the last
outstanding maturity, whichever limitation is later.
3. The principal amount of the refunding obligations may:
(a) Exceed the principal amount of the refunded obligations; or
(b) Be less than or equal to the principal amount of the
obligations being refunded if provision is duly and sufficiently made for
their payment.
(Added to NRS by 2005, 2900 )
The determination of the using
agency that the limitations imposed upon the issuance of obligations
pursuant to this chapter, including, without limitation, any obligations
for funding or refunding obligations, have been met shall be conclusive
in the absence of fraud or arbitrary and gross abuse of discretion
regardless of whether the authorizing resolution or the obligations
authorized by that resolution contain a recital as authorized by NRS
333A.092 .
(Added to NRS by 2005, 2900 )
A resolution providing for the issuance of a
performance contract, including, without limitation, an
installment-purchase contract or lease-purchase contract or other
proceedings appertaining thereto, may provide that the obligations
contain a recital that the obligations are issued pursuant to this
chapter, which recital is conclusive evidence of the validity of the
obligations.
(Added to NRS by 2005, 2901 )
1. Notwithstanding any provision of this chapter to the contrary,
a performance contract entered into pursuant to this chapter does not
create a debt for the purposes of Section 3 of Article 9 of the Nevada
Constitution.
2. Except as otherwise provided in this section, the term of a
performance contract may extend beyond the biennium in which the contract
is executed, provided that the performance contract contains a provision
which states that all obligations of the State under the performance
contract are extinguished at the end of any fiscal year if the
Legislature fails to provide an appropriation to the using agency for the
ensuing fiscal year for payments to be made under the performance
contract. If the Legislature fails to appropriate money to a using agency
for a performance contract, there is no remedy against the State, except
that if a security interest in any property was created pursuant to the
performance contract, the holder of such a security interest may enforce
the security interest against that property. Except as otherwise provided
in NRS 333A.0916 , the term of a
performance contract must not exceed 15 years after the date on which the
work required by the performance contract is completed.
3. The length of a performance contract may reflect the useful
life of the operating cost-savings measure being installed or purchased
under the performance contract.
(Added to NRS by 2003, 3058 ; A 2005, 2904 )
1. A performance contract must provide that all payments, other
than any obligations that become due if the contract is terminated before
the contract expires, must be made over time.
2. The period over which payments are made on a performance
contract must equal the period over which the operating cost savings are
amortized. Payments on a performance contract must not commence until the
operating cost-savings measures have been installed by the qualified
service company.
(Added to NRS by 2003, 3058 )—(Substituted in revision for NRS 333.610)
If a performance
contract entered into pursuant to this chapter requires the employment of
skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled
workmen or unskilled labor to perform the performance contract, the
performance contract must include a provision relating to the prevailing
wage as required pursuant to NRS 338.020 to 338.090 , inclusive.
(Added to NRS by 2003, 3058 )
1. During the term of a performance contract, the qualified
service company shall monitor the reductions in energy or water
consumption and other operating cost savings attributable to the
operating cost-savings measure purchased or installed under the
performance contract, and shall prepare and provide a report to the using
agency documenting the performance of the operating cost-savings measures:
(a) At the time that the work required by the performance contract
is completed and 1 year after that work is completed; or
(b) At such other intervals as specified in the performance
contract.
2. A qualified service company and the using agency may agree to
make modifications in the calculation of savings based on:
(a) Subsequent material changes to the baseline consumption of
energy or water identified at the beginning of the term of the
performance contract.
(b) A change in utility rates.
(c) A change in the number of days in the billing cycle of a
utility.
(d) A change in the total square footage of the building.
(e) A change in the operational schedule, and any corresponding
change in the occupancy and indoor temperature, of the building.
(f) A material change in the weather.
(g) A material change in the amount of equipment or lighting used
at the building.
(h) Any other change which reasonably would be expected to modify
the use of energy or the cost of energy.
(Added to NRS by 2003, 3059 ; A 2005, 2904 )
A qualified service company shall provide to the
Office of Energy within the Office of the Governor information concerning
each performance contract which the qualified service company enters into
pursuant to this chapter, including, without limitation, the name of the
project, the using agency for which the project is being carried out and
the expected operating cost savings. The Office of Energy may report any
energy savings realized as a result of such performance contracts to the
United States Department of Energy pursuant to 42 U.S.C. § 13385.
(Added to NRS by 2003, 3059 )
A performance contract must include appropriate
financial mechanisms determined to be necessary by the State Treasurer to
guarantee that operating cost savings are realized by the using agency if
the actual cost savings do not meet the predicted cost savings.
(Added to NRS by 2003, 3059 )—(Substituted in revision for NRS 333.650)
