4690-17 Appointing the Board of Public Works and the Department of Public Works as its agent for overseeing the guaranteed energy savings contract

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Amended Bill No. 17-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR VENUES PARKS AND ARTS Whereas, the City of South Bend desires to implement a program to replace old or failing equipment with energy-efficient and reliable equipment across many facilities in the Department of Venues Parks and Arts; and Whereas, these upgrades will decrease energy consumption and greenhouse gas emissions; reduce utility, operations, and maintenance budgets; and improve the quality of our parks and public spaces; and Whereas, pursuant to Indiana Code §36-1-12.5-5 the Common Council is authorized to enter into an agreement to participate in a utility efficiency program or a guaranteed savings contract in order to implement energy savings measures; and Whereas, in 2015, the City of South Bend executed a guaranteed savings contract for a similar project at the Century Center, resulting in significant energy cost savings and operational improvements, and over-performing guaranteed savings by 14.6% in its first year. Now, Therefore, Be It Resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I The South Bend Common Council hereby believes that the following guidelines and policies are in the best interests of the City of South Bend Indiana in order to advance potential energy efficiencies and energy savings at Venues Parks and Arts facilities: 1. The Board of Public Works and the Department of Public Works of the City of South Bend Indiana shall be the authorized agents for the South Bend Common Council for purposes of meeting the provisions required of Indiana Code §36-1-12.5-5 and other Indiana laws leading up to the final review of and the execution by the South Bend Common council of a Guaranteed Energy Savings Contract for implementing a program to replace old or failing equipment with energy-efficient and reliable equipment across many facilities in the Department of Venues Parks and Arts. Such authorization would include without limitation the preparation of specifications and evaluation criteria, advertisement for proposals, opening of proposals, evaluating proposals, rejecting non responsive proposals, and making advisory recommendations to the Common Council. 2. The Board of Public Works and the Department of Public Works shall make an advisory recommendation to the South Bend Common Council concerning the selection of a company to contract with for a Guaranteed Energy Savings Contract, with the South Bend Common Council retaining the sole and exclusive authority to enter into such a contract. 3. The Board of Public Works and the Department of Public Works are authorized to supervise all work done on the Guaranteed Savings Contract concerning replacement of old or failing equipment at facilities in the Department of Venues Parks and Arts, including the power to authorize change orders and amendments. 4. The Board of Public Works and the Department of Public Works shall report to the South Bend Common Council via the Parks Arts Recreation and Culture Committee and at a regular Common Council meeting under Special Business as requested by the Council. Section II This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor.