10252016 Board of Public Works Agenda

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REGULAR MEETING OCTOBER25.2016 338 WIIEREAS, the City of South Bend Board of Public Works ("Board") is the contracting body for the City of South Bend, Indiana ("City") and the Board has the authority under the laws of Indiana to purchase, acquire and lease property; and WHEREAS, the Board have determined that a need exists for the purchase and subsequent financing of certain property for the benefit of the City's operation; and WHEREAS, in order to acquire such property, the Board has entered into a certain Master Equipment Lease -Purchase Agreement and Related Schedules including the Escrow -- Agreement with PNC Equipment Finance, LLC in the form attached and incorporated hereto at Exhibit A; and WHEREAS, time is of the essence in this matter. NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: 1. The Master Equipment Lease -Purchase Agreement and Related Schedules including the Escrow Agreement substantially in the form and substance submitted as of this meeting with PNC Equipment Finance, LLC is hereby approved. 2. The Board hereby authorizes John Murphy, in his capacity as Controller of the City of South Bend, Indiana to act on behalf of the Board in executing any documents to effect the intent of the Board in connection with the Master Equipment Lease -Purchase Agreement with PNC Equipment Finance, LLC. 3. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on OCTOBER 25, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Suzanna Fritzberg s/ Elizabeth A. Maradik s/ Therese J. Doran s/ James A. Mueller ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 51-2016 - A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH REND. INDIANA APPROVING THE DONATION OF FUNDS TO AN INDIANA NON-PROFIT CORPORATION FOR WEATHER AMNESTY PURPOSES Attorney Michael Schmidt stated by this resolution, the city is not purchasing the building, they are making a donation to an entity that can provide services to the homeless population in inclement weather. He noted the city has the legal authority to make the donation and the intent is to lock in the money for that purpose. He added before any money can get spent, they are making sure the legal process is in effect. Mr. Gilot noted Hope Ministries, as a 501(c)(3) organization, lessens the burden on government. Mr. Schmidt agreed noting they are creating a public benefit to the welfare of the community. He stated if it is found that the resolution is not fully vetted by Legal for any reason, there will be a future resolution to replace this one. Otherwise, he added, there will be no further action required of the Board. Mr. Mueller stated it is important to note that this is a temporary solution to the problem and work needs to be done on finding a permanent solution. Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the following Resolution was adopted by the Board of Public Works: