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, at least once a year or at such other intervals specified in the performance contract, prepare and provide a report to the local government documenting the performance of the operating cost-savings measures.
2. A performance contract must identify the methodology that the local government will use to validate the cost savings identified by the qualified service company.
3. A qualified service company and the local government 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, 3053)
Structure Nevada Revised Statutes
Chapter 332 - Purchasing: Local Governments
NRS 332.015 - "Local government" defined.
NRS 332.025 - Other terms defined.
NRS 332.027 - Application of chapter to local school precincts.
NRS 332.043 - Solicitation: Required contents.
NRS 332.045 - Advertisement of contract: Publication; contents.
NRS 332.047 - On-line solicitation.
NRS 332.091 - Maintenance of records of solicitations and responses.
NRS 332.095 - Assignment of contracts.
NRS 332.112 - Emergency contracts.
NRS 332.148 - Failure to receive responsible responses.
NRS 332.175 - Trade-in allowances for personal property.
NRS 332.310 - Building" defined.
NRS 332.320 - Operating cost savings" defined.
NRS 332.330 - Operating cost-savings measure" defined.
NRS 332.340 - Performance contract" defined.
NRS 332.350 - Qualified service company" defined.
NRS 332.352 - Criteria for qualification as qualified service company.
NRS 332.353 - Additional circumstance in which person may be deemed qualified service company.
NRS 332.370 - Financing and structure of performance contract.
NRS 332.371 - Requirements for performance contract that guarantees operating cost savings.
NRS 332.380 - Period over which payments become due.
NRS 332.410 - Use of savings realized throughout term of contract.
NRS 332.420 - Monitoring of cost savings attributable to operating cost-savings measures.
NRS 332.431 - Duty of local governments to report to Legislature.
NRS 332.440 - Financial mechanisms to guarantee operational cost savings are realized.
NRS 332.810 - Prohibited acts by responding offerors before award of contract; penalty.
NRS 332.820 - Effect of collusion among responding offerors or advance disclosures of information.