25-22 Resolution Adopting Indiana Code § 5-23 in Its Entirety and Authorizing the City of South Bend Board of Public Works to Take All Other Actions Related Thereto

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April 4, 2025 Filed in Clerk's Office Honorable Canneth Lee Bianca Tirado City Clerk, South Bend, IN President, South Bend Common Council 4th Floor, County-City Building 227 W Jefferson Blvd South Bend, IN 46601 Subject: Resolution to Adopt Indiana Code § 5-23 for Future Infrastructure Options Honorable President Lee and Members of the South Bend Common Council: Please find enclosed for your consideration Bill No. 25-22, a resolution to adopt Indiana Code § 5-23. This action will authorize the City of South Bend Board of Public Works to utilize the Build, Operate, Transfer(BOT)procurement mechanism, as outlined in the statute,should the need arise in the future. This resolution is a proactive measure to expand the City's toolkit for future infrastructure development. By adopting Indiana Code § 5-23, we are positioning South Bend to potentially leverage BOT projects, which offer benefits such as: • Potential for accelerated project timelines. • Opportunities for enhanced efficiency and innovation in project delivery. It is important to emphasize that there are no immediate projects contemplated for the use of this procurement mechanism. This resolution is solely to provide the City with the option of BOT as a future tool, if deemed beneficial. Specifically,this resolution will: • Adopt the provisions of Indiana Code § 5-23. • Designate the City of South Bend Board of Public Works to manage potential future BOT projects. • Authorize necessary actions to implement the statute, if needed. I believe that adding this option to our procurement capabilities will strengthen South Bend's ability to address future infrastructure needs efficiently. We respectfully request your favorable consideration and approval of this resolution.