Guaranteed energy cost savings contracts, definitions--bids required,when--proposal request to include what--contract, to whom awarded,to contain certain guarantees.
8.231. 1. For purposes of this section, the following terms shallmean:
(1) "Energy cost savings measure", a training program or facilityalteration designed to reduce energy consumption or operating costs, andmay include one or more of the following:
(a) Insulation of the building structure or systems within thebuilding;
(b) Storm windows or doors, caulking or weather stripping,multiglazed windows or doors, heat absorbing or heat reflective glazed andcoated window or door systems, additional glazing reductions in glass area,or other window and door system modifications that reduce energyconsumption;
(c) Automated or computerized energy control system;
(d) Heating, ventilating or air conditioning system modifications orreplacements;
(e) Replacement or modification of lighting fixtures to increase theenergy efficiency of the lighting system without increasing the overallillumination of a facility, unless an increase in illumination is necessaryto conform to the applicable state or local building code for the lightingsystem after the proposed modifications are made;
(f) Indoor air quality improvements to increase air quality thatconforms to the applicable state or local building code requirements;
(g) Energy recovery systems;
(h) Cogeneration systems that produce steam or forms of energy suchas heat, as well as electricity, for use primarily within a building orcomplex of buildings;
(i) Any life safety measures that provide long-term operating costreductions and are in compliance with state and local codes;
(j) Building operation programs that reduce the operating costs; or
(k) Any life safety measures related to compliance with the AmericansWith Disabilities Act, 42 U.S.C. Section 12101, et seq., that providelong-term operating cost reductions and are in compliance with state andlocal codes;
(2) "Governmental unit", a state government agency, department,institution, college, university, technical school, legislative body orother establishment or official of the executive, judicial or legislativebranches of this state authorized by law to enter into contracts, includingall local political subdivisions such as counties, municipalities, publicschool districts or public service or special purpose districts;
(3) "Guaranteed energy cost savings contract", a contract for theimplementation of one or more such measures. The contract shall providethat all payments, except obligations on termination of the contract beforeits expiration, are to be made over time and the energy cost savings areguaranteed to the extent necessary to make payments for the systems.Guaranteed energy cost savings contracts shall be considered public workscontracts to the extent that they provide for capital improvements toexisting facilities;
(4) "Operational savings", expenses eliminated and future replacementexpenditures avoided as a result of new equipment installed or servicesperformed;
(5) "Qualified provider", a person or business experienced in thedesign, implementation and installation of energy cost savings measures;
(6) "Request for proposals" or "RFP", a negotiated procurement.
2. No governmental unit shall enter into a guaranteed energy costsavings contract until competitive proposals therefor have been solicitedby the means most likely to reach those contractors interested in offeringthe required services, including but not limited to direct mailsolicitation, electronic mail and public announcement on bulletin boards,physical or electronic. The request for proposal shall include thefollowing:
(1) The name and address of the governmental unit;
(2) The name, address, title and phone number of a contact person;
(3) The date, time and place where proposals shall be received;
(4) The evaluation criteria for assessing the proposals; and
(5) Any other stipulations and clarifications the governmental unitmay require.
3. The governmental unit shall award a contract to the qualifiedprovider that provides the lowest and best proposal which meets the needsof the unit if it finds that the amount it would spend on the energy costsavings measures recommended in the proposal would not exceed the amount ofenergy or operational savings, or both, within a fifteen-year period fromthe date installation is complete, if the recommendations in the proposalare followed. The governmental unit shall have the right to reject any andall bids.
4. The guaranteed energy cost savings contract shall include awritten guarantee of the qualified provider that either the energy oroperational cost savings, or both, will meet or exceed the costs of theenergy cost savings measures, adjusted for inflation, within fifteen years.The qualified provider shall reimburse the governmental unit for anyshortfall of guaranteed energy cost savings on an annual basis. Theguaranteed energy cost savings contract may provide for payments over aperiod of time, not to exceed fifteen years, subject to appropriation offunds therefor.
5. The governmental unit shall include in its annual budget andappropriations measures for each fiscal year any amounts payable underguaranteed energy savings contracts during that fiscal year.
6. A governmental unit may use designated funds for any guaranteedenergy cost savings contract including purchases using installment paymentcontracts or lease purchase agreements, so long as that use is consistentwith the purpose of the appropriation.
7. Notwithstanding any provision of this section to the contrary, anot-for-profit corporation incorporated pursuant to chapter 355, RSMo, andoperating primarily for educational purposes in cooperation with public orprivate schools shall be exempt from the provisions of this section.
Guaranteed energy cost savings contracts, definitions--bids required,when--proposal request to include what--contract, to whom awarded,to contain certain guarantees.
8.231. 1. For purposes of this section, the following terms shallmean:
(1) "Energy cost savings measure", a training program or facilityalteration designed to reduce energy consumption or operating costs, andmay include one or more of the following:
(a) Insulation of the building structure or systems within thebuilding;
(b) Storm windows or doors, caulking or weather stripping,multiglazed windows or doors, heat absorbing or heat reflective glazed andcoated window or door systems, additional glazing reductions in glass area,or other window and door system modifications that reduce energyconsumption;
(c) Automated or computerized energy control system;
(d) Heating, ventilating or air conditioning system modifications orreplacements;
(e) Replacement or modification of lighting fixtures to increase theenergy efficiency of the lighting system without increasing the overallillumination of a facility, unless an increase in illumination is necessaryto conform to the applicable state or local building code for the lightingsystem after the proposed modifications are made;
(f) Indoor air quality improvements to increase air quality thatconforms to the applicable state or local building code requirements;
(g) Energy recovery systems;
(h) Cogeneration systems that produce steam or forms of energy suchas heat, as well as electricity, for use primarily within a building orcomplex of buildings;
(i) Any life safety measures that provide long-term operating costreductions and are in compliance with state and local codes;
(j) Building operation programs that reduce the operating costs; or
(k) Any life safety measures related to compliance with the AmericansWith Disabilities Act, 42 U.S.C. Section 12101, et seq., that providelong-term operating cost reductions and are in compliance with state andlocal codes;
(2) "Governmental unit", a state government agency, department,institution, college, university, technical school, legislative body orother establishment or official of the executive, judicial or legislativebranches of this state authorized by law to enter into contracts, includingall local political subdivisions such as counties, municipalities, publicschool districts or public service or special purpose districts;
(3) "Guaranteed energy cost savings contract", a contract for theimplementation of one or more such measures. The contract shall providethat all payments, except obligations on termination of the contract beforeits expiration, are to be made over time and the energy cost savings areguaranteed to the extent necessary to make payments for the systems.Guaranteed energy cost savings contracts shall be considered public workscontracts to the extent that they provide for capital improvements toexisting facilities;
(4) "Operational savings", expenses eliminated and future replacementexpenditures avoided as a result of new equipment installed or servicesperformed;
(5) "Qualified provider", a person or business experienced in thedesign, implementation and installation of energy cost savings measures;
(6) "Request for proposals" or "RFP", a negotiated procurement.
2. No governmental unit shall enter into a guaranteed energy costsavings contract until competitive proposals therefor have been solicitedby the means most likely to reach those contractors interested in offeringthe required services, including but not limited to direct mailsolicitation, electronic mail and public announcement on bulletin boards,physical or electronic. The request for proposal shall include thefollowing:
(1) The name and address of the governmental unit;
(2) The name, address, title and phone number of a contact person;
(3) The date, time and place where proposals shall be received;
(4) The evaluation criteria for assessing the proposals; and
(5) Any other stipulations and clarifications the governmental unitmay require.
3. The governmental unit shall award a contract to the qualifiedprovider that provides the lowest and best proposal which meets the needsof the unit if it finds that the amount it would spend on the energy costsavings measures recommended in the proposal would not exceed the amount ofenergy or operational savings, or both, within a fifteen-year period fromthe date installation is complete, if the recommendations in the proposalare followed. The governmental unit shall have the right to reject any andall bids.
4. The guaranteed energy cost savings contract shall include awritten guarantee of the qualified provider that either the energy oroperational cost savings, or both, will meet or exceed the costs of theenergy cost savings measures, adjusted for inflation, within fifteen years.The qualified provider shall reimburse the governmental unit for anyshortfall of guaranteed energy cost savings on an annual basis. Theguaranteed energy cost savings contract may provide for payments over aperiod of time, not to exceed fifteen years, subject to appropriation offunds therefor.
5. The governmental unit shall include in its annual budget andappropriations measures for each fiscal year any amounts payable underguaranteed energy savings contracts during that fiscal year.
6. A governmental unit may use designated funds for any guaranteedenergy cost savings contract including purchases using installment paymentcontracts or lease purchase agreements, so long as that use is consistentwith the purpose of the appropriation.
7. Notwithstanding any provision of this section to the contrary, anot-for-profit corporation incorporated pursuant to chapter 355, RSMo, andoperating primarily for educational purposes in cooperation with public orprivate schools shall be exempt from the provisions of this section.
Guaranteed energy cost savings contracts, definitions--bids required,when--proposal request to include what--contract, to whom awarded,to contain certain guarantees.
8.231. 1. For purposes of this section, the following terms shallmean:
(1) "Energy cost savings measure", a training program or facilityalteration designed to reduce energy consumption or operating costs, andmay include one or more of the following:
(a) Insulation of the building structure or systems within thebuilding;
(b) Storm windows or doors, caulking or weather stripping,multiglazed windows or doors, heat absorbing or heat reflective glazed andcoated window or door systems, additional glazing reductions in glass area,or other window and door system modifications that reduce energyconsumption;
(c) Automated or computerized energy control system;
(d) Heating, ventilating or air conditioning system modifications orreplacements;
(e) Replacement or modification of lighting fixtures to increase theenergy efficiency of the lighting system without increasing the overallillumination of a facility, unless an increase in illumination is necessaryto conform to the applicable state or local building code for the lightingsystem after the proposed modifications are made;
(f) Indoor air quality improvements to increase air quality thatconforms to the applicable state or local building code requirements;
(g) Energy recovery systems;
(h) Cogeneration systems that produce steam or forms of energy suchas heat, as well as electricity, for use primarily within a building orcomplex of buildings;
(i) Any life safety measures that provide long-term operating costreductions and are in compliance with state and local codes;
(j) Building operation programs that reduce the operating costs; or
(k) Any life safety measures related to compliance with the AmericansWith Disabilities Act, 42 U.S.C. Section 12101, et seq., that providelong-term operating cost reductions and are in compliance with state andlocal codes;
(2) "Governmental unit", a state government agency, department,institution, college, university, technical school, legislative body orother establishment or official of the executive, judicial or legislativebranches of this state authorized by law to enter into contracts, includingall local political subdivisions such as counties, municipalities, publicschool districts or public service or special purpose districts;
(3) "Guaranteed energy cost savings contract", a contract for theimplementation of one or more such measures. The contract shall providethat all payments, except obligations on termination of the contract beforeits expiration, are to be made over time and the energy cost savings areguaranteed to the extent necessary to make payments for the systems.Guaranteed energy cost savings contracts shall be considered public workscontracts to the extent that they provide for capital improvements toexisting facilities;
(4) "Operational savings", expenses eliminated and future replacementexpenditures avoided as a result of new equipment installed or servicesperformed;
(5) "Qualified provider", a person or business experienced in thedesign, implementation and installation of energy cost savings measures;
(6) "Request for proposals" or "RFP", a negotiated procurement.
2. No governmental unit shall enter into a guaranteed energy costsavings contract until competitive proposals therefor have been solicitedby the means most likely to reach those contractors interested in offeringthe required services, including but not limited to direct mailsolicitation, electronic mail and public announcement on bulletin boards,physical or electronic. The request for proposal shall include thefollowing:
(1) The name and address of the governmental unit;
(2) The name, address, title and phone number of a contact person;
(3) The date, time and place where proposals shall be received;
(4) The evaluation criteria for assessing the proposals; and
(5) Any other stipulations and clarifications the governmental unitmay require.
3. The governmental unit shall award a contract to the qualifiedprovider that provides the lowest and best proposal which meets the needsof the unit if it finds that the amount it would spend on the energy costsavings measures recommended in the proposal would not exceed the amount ofenergy or operational savings, or both, within a fifteen-year period fromthe date installation is complete, if the recommendations in the proposalare followed. The governmental unit shall have the right to reject any andall bids.
4. The guaranteed energy cost savings contract shall include awritten guarantee of the qualified provider that either the energy oroperational cost savings, or both, will meet or exceed the costs of theenergy cost savings measures, adjusted for inflation, within fifteen years.The qualified provider shall reimburse the governmental unit for anyshortfall of guaranteed energy cost savings on an annual basis. Theguaranteed energy cost savings contract may provide for payments over aperiod of time, not to exceed fifteen years, subject to appropriation offunds therefor.
5. The governmental unit shall include in its annual budget andappropriations measures for each fiscal year any amounts payable underguaranteed energy savings contracts during that fiscal year.
6. A governmental unit may use designated funds for any guaranteedenergy cost savings contract including purchases using installment paymentcontracts or lease purchase agreements, so long as that use is consistentwith the purpose of the appropriation.
7. Notwithstanding any provision of this section to the contrary, anot-for-profit corporation incorporated pursuant to chapter 355, RSMo, andoperating primarily for educational purposes in cooperation with public orprivate schools shall be exempt from the provisions of this section.
