§ 36-1-12.5-3 — "Qualified provider" defined

Indiana § 36-1-12.5-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 12.5: Guaranteed Savings Contracts; Energy Efficiency

Text

(a) As used in this chapter, "qualified
provider" means the following:
(1) Before July 1, 1999, the term means a person that satisfies
both of the following:
(A) The person is experienced in the design, implementation,
and installation of energy conservation measures.
(B) The person submits to the school corporation or political
subdivision a performance bond to ensure the qualified
provider's faithful performance of the qualified provider's
obligations over the term of the guaranteed energy savings
contract.
(2) After June 30, 1999, the term means a person that satisfies all
of the following:
(A) Subject to subdivision (3), the person is experienced in the
design, implementation, and installation of energy conservation
measures.
(B) The person is certified and meets the requirements of IC 4-13.6-4. The person's response to the request for proposals
must include a copy of the person's certificate of qualification
issued under IC 4-13.6-4.
(C) Subject to subdivision (3), the person provides energy
conservation engineering services by a professional engineer
licensed under IC 25-31 who is under the person's direct
employment and supervision. The person's response to the
request for proposals must include the license number of each
professional engineer employed by the person to satisfy the
requirement of this clause.
(D) The person provides:
(i) monitoring for the facility performance guarantee; and
(ii) service personnel under the person's direct employment
and supervision;
for the duration of the contract's guarantee.
(E) The person performs at least twenty percent (20%) of the
work (measured in dollars of the total contract price) with its
own workforce.
(F) The person submits to the school corporation or political
subdivision a performance bond to ensure the qualified
provider's faithful performance of the qualified provider's
obligations over the term of:
(i) the guaranteed energy savings contract; or
(ii) the guaranteed savings contract.
(3) With respect to conservation measures for which a contract is
executed after June 30, 2006, the term includes a person that
satisfies the following:
(A) The person is experienced in the design, implementation,
and installation of conservation measures.
(B) The person provides engineering services with respect to
conservation measures by a professional engineer licensed
under IC 25-31 who is under the person's direct employment
and supervision. The person's response to the request for
proposals must include the license number of each professional
engineer employed by the person to satisfy the requirement of
this clause.
(b) For purposes of a guaranteed energy savings contract entered
into before July 1, 1999, a person who was a qualified provider under
subsection (a)(1) at the time the contract was entered into remains a
qualified provider for that contract after June 30, 1999. If the person
enters into:
(1) a guaranteed energy savings contract after June 30, 1999, and
before July 1, 2006, the person must satisfy the requirements of
subsection (a)(2); or
(2) a guaranteed savings contract after June 30, 2006, the person
must satisfy the requirements of subsection (a)(2) and (a)(3);
to be considered a qualified provider.

Legislative History

As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.6; P.L.58-1999, SEC.10; P.L.168-2006, SEC.8.