As used in NRS 332.300 to 332.440, inclusive, unless the context otherwise requires, the words and terms defined in NRS 332.310 to 332.350, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 3049; A 2009, 965; 2013, 2119)
“Building” means any existing structure, building or facility, including any equipment, furnishings or appliances within the existing structure, building or facility, that is owned or operated by a local government. The term includes, without limitation, occupied and unoccupied existing structures, buildings and facilities, and any other existing improvements owned or operated by a local government […]
“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 […]
“Operating cost-savings measure”: 1. 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, without limitation, those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and […]
“Performance contract” means a written contract between a local government and a qualified service company for the evaluation, recommendation and implementation of one or more operating cost-savings measures. (Added to NRS by 2003, 3050; A 2009, 966)
“Qualified service company” means a person who is qualified to bid on a performance contract pursuant to NRS 332.351 or 332.353. (Added to NRS by 2003, 3050; A 2009, 966)
1. Except as otherwise provided in NRS 332.353, a person who wishes to qualify as a qualified service company and submit a proposal for a performance contract with a local government must file an application with the local government. 2. Upon receipt of an application pursuant to subsection 1, the local government shall: (a) Investigate […]
1. Except as otherwise provided in NRS 332.353, a local government shall use the following criteria for determining whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360: (a) The financial ability of the applicant to perform the work required by the local government; (b) Whether the applicant possesses […]
Notwithstanding the provisions of NRS 332.352, a governing body may deem a person a qualified service company if the person has been determined by: 1. The State Public Works Division of the Department of Administration or a local government pursuant to NRS 338.1379 to be qualified to bid on a public work; or 2. Another […]
1. The Office of Energy shall: (a) Provide to local governments information and educational resources relating to operating cost-savings measures and performance contracts. (b) Include on the Internet website maintained by the Office, if any, information and educational resources relating to operating cost-savings measures and performance contracts. 2. The Office of Energy may, upon receiving […]
1. Notwithstanding any provision of this chapter and chapter 338 of NRS to the contrary, a local government may enter into a performance contract with a qualified service company for the purchase and installation of an operating cost-savings measure to reduce costs related to energy, water and the disposal of waste, and related labor costs. […]
1. The board of trustees of a school district shall adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract. The policy must include, without limitation: (a) The criteria for determining the work which will be evaluated pursuant to the […]
1. A performance contract may be financed through a person other than the qualified service company. 2. A performance contract must be structured to guarantee 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 […]
A performance contract that guarantees operating cost savings must identify the specific dollar amount and units or percentages of consumption that the qualified service company anticipates will be eliminated or avoided on a long-term basis as a result of the operating cost-savings measures that the local government is implementing. (Added to NRS by 2009, 965)
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. Except as otherwise provided in this subsection, a performance contract, and the payments provided thereunder, may extend beyond the fiscal year in which the […]
1. If a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers 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 338.013 to 338.090, inclusive. […]
Notwithstanding any provision of NRS 332.300 to 332.440, inclusive, to the contrary, a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, must include a clause that sets out the rights of the local government and the qualified service company if the local government does not appropriate sufficient money for payments to be […]
A local government may use any savings realized throughout the term of a performance contract to: 1. Make any payments required under the performance contract, including, without limitation, the payment of finance charges; and 2. Reinvest into other operating cost-savings measures provided the local government: (a) Is satisfying all its other obligations under the performance […]
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 […]
A qualified service company shall provide to the Office of Energy information concerning each performance contract which the qualified service company enters into pursuant to NRS 332.300 to 332.440, inclusive, including, without limitation, the name of the project, the local government for which the project is being carried out and the expected operating cost savings. […]
