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REGULAR MEETING <br />JUNE 25, 2007 <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, that <br />Section 1. The Common Council of the City of South Bend, hereby accepts the <br />favorable recommendation of the Public Works and Property Vacation Committee that <br />the Council approve and execute the Energy Savings Contract with Johnson Controls, <br />Inc., the final form of which is attached hereto as Exhibit 1. <br />Section 2. The Common Council of the City of South Bend hereby finds that the <br />contract as described in this Resolution and as presented at this meeting in the best <br />interests of the City of South Bend. <br />Section 3. The Common Council of the City of South Bend hereby authorizes <br />President to sign and the City Clerk to attest to the execution of the documents as <br />described in this Resolution and as presented at this meeting. <br />Section 4. The Common Council of the City of South Bend hereby reaffirms its <br />direction to Board of Public Works that, upon approval and execution of the Energy <br />Savings Contract by the Council, staff members of the Department of Public Works shall <br />supervise all work done incidental to the Guaranteed Savings Contract concerning traffic <br />signals, including the authorization change orders, and continued compliance Indiana <br />law. <br />Section 5. The Common Council of the City of South Bend hereby ratifies, <br />confirms and approves the actions taken by the Board of Public Works, its legal counsel <br />and the Department of Public Works of the City of South Bend, on behalf of the <br />Common Council in the negotiation and in the implementation of the Contract. <br />Section 6. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />Adopted this 25~` day of June, 2007. <br />s/Timothy A. Rouse <br />Member of the Common Council <br />Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, <br />reported that this committee held a Public Hearing on this bill this afternoon and voted to <br />send it to the full Council with a favorable recommendation. <br />Mr. Gary Gilot, Public Works Director, Department of Public Works, 13~` Floor County- <br />City Building, South Bend, Indiana, made the presentation for this bill. <br />Mr. Gilot advised that this resolution approves the final form the energy savings contract <br />that has been negotiated on the Council's behalf with Johnson Controls, Inc. By state law <br />governing energy savings contracts, the Council is the ultimate contracting authority. At <br />the Council's request, the Board of Public Works and the Department of Public Works <br />will supervise the work done incidental to the contract. <br />A Public Hearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution, Councihnember Dieter made a motion to adopt this <br />Resolution. Councihnember White seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of nine (9) ayes. <br />RESOLUTION NO. 3763-07 A RESOLUTION OF THE COMMON <br />20 <br />