§ 48-05-11 — Guaranteed energy savings contracts

The governmental unit shall provide public notice of the meeting at which it proposes to
award a guaranteed energy savings contract, the names of the parties to the proposed contract,
and the purpose of the contract. After reviewing the report under section 48-05-10, a
governmental unit may enter a guaranteed energy savings contract with a qualified provider if
the governmental unit finds that the amount the governmental unit would spend on the energy

conservation measures recommended in the report is not likely to exceed the amount to be
saved in energy and operation costs over a period not exceeding fifteen years from the date of
installation if the recommendations in the report are followed. The contract must include a
written guarantee of the qualified provider that the energy and operating cost-savings will meet
or exceed the costs of the project, including costs of the system, a list of subcontractor pricing,
the financing costs for the project, and any provider fees. The written guarantee must be for a
period equal to the financing period, which may provide payments over a period not exceeding
fifteen years. If the governmental unit can document that savings meet or exceed the payment
for a period of not less than three years, the governmental unit may request a waiver of the
guaranteed portion of the contract for the remainder of the financing term. A guarantee waiver
request must be approved by a committee administered by the division of community services.
If the contract involves facility alteration or real property improvement, a qualified provider to
whom the contract is awarded shall give a sufficient bond to the governmental unit for the
faithful performance of the contract.