12-13-2021 FINAL Packet - Laserfiche WebLink

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BILL NO. ------- RESOLUTION NO. ----- 0£C U 2 2021 . -�-----.. _J l)j\\AI(✓ M. ,JOi\J .) CITY C Fil'\,•" uy· .. 1 l¾END, !N A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SELECTING A QUALIFIED PROVIDER, APPROVING A GUARANTEED ENERGY SA VIN GS CONTRACT FOR IMPROVEMENTS TO THE MORRIS PERFORMING ARTS CENTER, AND TAKING ALL OTHER NECESSARY, RELATED ACTION STATEMENT OF PURPOSE AND INTENT WHEREAS, pursuant to Ind. Code 36-1-12.5, the City of South Bend, a political subdivision of the State of Indiana ("the City"), is authorized and empowered to approve a Guaranteed Energy Savings Contract, as defined by Ind. Code 36-1-12.5-2, between the City and a "Qualified Provider" of energy conservation measures, and the City is further empowered to carry out the terms of such a contract; and WHEREAS, Ameresco, Inc., a corporation headquartered in the State of Massachusetts, 1s experienced in the design, implementation, and installation of energy conservation measures. It also provides engineering services with respect to energy conservation measures by a professional engineer licensed under IC 25-31 who is under Ameresco, Inc. 's direct employment and supervision; and WHEREAS, this Council previously approved on April 13, 2015 a Guaranteed Savings Contract between the City and Ameresco, Inc., Inc. regarding energy savings at Century Center in Ordinance No. 10357-15 which to date has delivered effective guaranteed savings to the City. Ameresco, Inc. is, therefore, a "Qualified Provider" within the scope and meaning of Ind. Code 36-1-12.5-3; and WHEREAS, the Guaranteed Energy Savings Contract which is attached hereto as Exhibit 1 is for the benefit of the Morris Performing Arts and the Palais Royale ( each located within one integrated building structure hereafter designated as "the Morris facility"); and WHEREAS, in anticipation of enacting this or similar Guaranteed Energy Savings Contracts, this Council, in 2017, designated the City's Board of Public Works and Department of Public Works to be the authorized agents for the South Bend Common Council: "for purposes of meeting the provisions required oflndiana Code §36-1-12.-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 across many facilities in the Department of Venues Parks and Arts." (South Bend Common Council Resolution No. 4690-17, Section 1 (1), adopted December 18, 2017.); and 21-54