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 20 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; 2017, 1436)
Structure Nevada Revised Statutes
Chapter 333A - Purchasing: State Performance Contracts for Operating Cost-Savings Measures
NRS 333A.005 - Legislative declaration.
NRS 333A.015 - "Board" defined.
NRS 333A.020 - Building" defined.
NRS 333A.030 - Operating cost savings" defined.
NRS 333A.040 - Operating cost-savings measure" defined.
NRS 333A.050 - Performance contract" defined.
NRS 333A.060 - Qualified service company" defined.
NRS 333A.070 - "Using agency" defined.
NRS 333A.084 - Requirements for comprehensive audits.
NRS 333A.086 - Third-party consultants.
NRS 333A.0906 - Refunding of obligations: Resolution; purposes.
NRS 333A.0912 - Issuance of refunding and other obligations separately or in combination.
NRS 333A.0914 - Other statutory provisions applicable to refunding obligations.
NRS 333A.0916 - Conditions for refunding obligations.
NRS 333A.0918 - Conclusive determination of using agency that statutory limitations have been met.
NRS 333A.092 - Recital in resolution as conclusive evidence of validity of obligation.
NRS 333A.100 - Indebtedness of State under contract; term of contracts.
NRS 333A.110 - Period over which payments become due.
NRS 333A.120 - Prevailing wage requirement.
NRS 333A.130 - Monitoring of cost savings attributable to operating cost-savings measures.
NRS 333A.140 - Information concerning performance contract provided to Office of Energy.
NRS 333A.150 - Financial mechanisms to guarantee operational cost savings are realized.