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Amended Bill No. 17-80 <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA TO <br />APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS <br />AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT <br />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; and <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 replacement of old or failing <br />equipment at facilities in the Department of Venues Parks and Arts, including the power to <br />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 Arts Recreation and Culture Committee and at a regular Common <br />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.