SECTION 260:65-15-9. Energy service contract

  The energy service contract shall consist of, but not be limited to the following:

(1)   The duration of the equipment portion of the contract shall be equal to or less than the term of the lease purchase agreement.

(2)   Service portion of the contract:

(A)   The ESC shall guarantee savings for at least each year of the lease-purchase agreement, but may guarantee savings beyond the completion of the lease purchase agreement.

(B)   The ESC shall provide sufficient training to maintenance, custodial, and other such personnel as have need to know regarding the proper use and maintenance for the efficient operation of equipment contained in the equipment portion of the contract.

(C)   ESC shall be responsible for maintaining the equipment for the duration of the lease-purchase agreement but may provide maintenance for a greater duration as may be defined in the energy service contract if the State does not elect to otherwise contract for maintenance services. [61 O.S. Section 210(A)(5)]

(3)   Required bonds:

(A)   ESC shall provide a declining balance surety performance bond in an amount not less than 25% of the balance of agency's total financial obligation.

(B)   ESC shall provide a performance bond in an amount determined by the agency to guarantee the restoration of the facility in the event of default. [61 O.S. Section 210(A)(3)]

(4)   ESC shall purchase public liability insurance, property damage insurance, and workers' compensation insurance or as specified in the bid documents.

(5)   All modifications to any contract or agreement which the State is requested to execute must be submitted to the Department's legal counsel for approval at least ten days prior to submitting to the Department for execution.

[Source: Added at 31 Ok Reg 1423, eff 9-12-14]