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A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA <br /> TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC <br /> WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS <br /> CONTRACT FOR VENUES PARKS AND ARTS <br /> Whereas, the City of South Bend desires to implement a program to replace old or failing <br /> equipment with energy-efficient and reliable equipment across many facilities in the Department of <br /> Venues Parks and Arts; and <br /> Whereas, these upgrades will decrease energy consumption and greenhouse gas emissions; <br /> reduce utility, operations, and maintenance budgets; and improve the quality of our parks and public <br /> spaces-land <br /> Whereas, pursuant to Indiana Code §36-1-12.5-5 the Common Council is authorized to enter into <br /> an agreement to participate in a utility efficiency program or a guaranteed savings contract in order to <br /> implement energy savings measures; and <br /> Whereas, in 2015, the City of South Bend executed a guaranteed savings contract for a similar <br /> project at the Century Center, resulting in significant energy cost savings and operational improvements, <br /> and over-performing guaranteed savings by 14.6% in its first year. <br /> Now, Therefore, Be It Resolved by the Common Council of the City of South Bend, Indiana, as <br /> follows: <br /> Section I The South Bend Common Council hereby believes that the following guidelines and policies are <br /> in the best interests of the City of South Bend Indiana in order to advance potential energy efficiencies <br /> and energy savings at Venues Parks and Arts facilities: <br /> 1. The Board of Public Works and the Department of Public Works of the City of South Bend Indiana <br /> shall be the authorized agents for the South Bend Common Council for purposes of meeting the <br /> provisions required of Indiana Code §36-1-12.5-5 and other Indiana laws leading up to the final <br /> review of and the execution by the South Bend Common council of a Guaranteed Energy Savings <br /> Contract for implementing a program to replace old or failing equipment with energy-efficient and <br /> reliable equipment across many facilities in the Department of Venues Parks and Arts. Such <br /> authorization would include without limitation the preparation of specifications and evaluation <br /> criteria, advertisement for proposals, opening of proposals, evaluating proposals, rejecting non <br /> responsive proposals, and making advisory recommendations to the Common Council. <br /> 2. The Board of Public Works and the Department of Public Works shall make an <br /> advisory recommendation to the South Bend Common Council concerning the selection of a <br /> company to contract with for a Guaranteed Energy Savings Contract, with the South Bend <br /> Common Council retaining the sole and exclusive authority to enter into such a contract. <br /> 3. The Board of Public Works and the Department of Public Works are authorized to supervise all <br /> work done on the Guaranteed Savings Contract concerning the Century Center including the <br /> power to authorize change orders and amendments. <br /> 4. The Board of Public Works and the Department of Public Works shall report to the South Bend <br /> Common Council via the Parks Recreation Cultural Arts Entertainment Committee and at a <br /> regular Common Council meeting under Special Business as requested by the Council. <br /> Section II This Resolution shall be in full force and effect from and after its adoption by the Common <br /> Council and approval by the Mayor. <br /> Member of the Common Council <br />