Resolution No 35-2021 - Ameresco Inc. Qualified Provider Approval Guaranteed Energy Savings Contract Morris

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RESOLUTION NO. 35-2021 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS CONFIRMING COMPLIANCE WITH IC 36-1-12.5-1 ET. SEQ, AND RECOMMENDING APPROVAL OF AMERESCO, INC. AS A QUALIFIED PROVIDER AND APPROVAL OF A GUARANTEED ENERGY SAVINGS CONTRACT RELATING TO THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE WHEREAS, on December 18, 2017, the Common Council of the City of South Bend, Indiana (“the Common Council”) designated the City’s Board of Public Works and Department of Public Works to be the Common Council’s authorized agents: “for purposes of meeting the provisions required of Indiana 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.” (Common Council Resolution No. 4690-17, Section 1 (1)); and WHEREAS, in that same Resolution No. 4690-17, the Common Council also requested the City’s Board of Public Works and the Department of Public Works to “make an advisory recommendation to the Common Council concerning the selection of a company to contract with for a Guaranteed Energy Savings Contract.” (Id., Section 1 (2) ); and WHEREAS, in compliance with the notice and publication requirements of Ind. Code 36- 1-12.5-5 (b) and (c), the City Department of Public Works and Board of Public Works sought proposals from qualified providers to propose conservation measures through a guaranteed energy savings contract and received, a proposal, among others that it fully evaluated, from Ameresco, Inc. (the “Qualified Provider”) to evaluate, recommend, and then undertake certain energy conservation measures at the Morris Performing Arts and the Palais Royale (each located within one integrated building structure hereafter designated as “the Morris facility”); WHEREAS, Ameresco Inc., is a corporation with its principal place of business in Framingham, Massachusetts, experienced in the design, implementation, and installation of energy conservation measures. It provides engineering services with respect to conservation measures by a professional engineer licensed under IC 25-31 who is under Ameresco’s direct employment and supervision. Therefore, Ameresco is a “Qualified Provider” within the scope and meaning of Ind. Code 36-1-12.5-3; and WHEREAS, the City through the Common Council and by recommendation of this Board previously approved on April 13, 2015 a Guaranteed Savings Contract between the City and Ameresco, Inc. regarding energy savings at Century Center in Ordinance No. 10357-15 which to date has delivered effective guaranteed savings to the City; and WHEREAS, attached hereto and incorporated herein as Exhibit 1 is a proposed contract between the City and Qualified Provider Ameresco (Exhibit 1) which includes as attachments all