Accepting the Advisory Recommendation of a Project Development Agreement with Ameresco Inc. Related to a guaranteed Energy Savings Contract for Century Center

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RESOLUTIONNO.t" M- -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE ADVISORY RECOMMENDATION OF THE BOARD OF PUBLIC WORKS, RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF A PROJECT DEVELOPMENT AGREEMENT WITH AMERESCO, INC. RELATED TO A GUARANTEED ENERGY SAVINGS CONTRACT FOR CENTURY CENTER WHEREAS, on November 25, 2013, the Common Council of the City of South Bend ( "Council ") adopted its Resolution No. 4302 -13 appointing the Board of Works ( "Board ") and the Department of Public Works of the City of South Bend ( "Department ") as authorized agents of the Council for purposes of meeting the provisions required by IC 36 -1 -12.5 and other Indiana laws leading up to the final review of and the execution by the Council of a Guaranteed Energy Savings Contract for the use of energy saving technology at Century Center; and WHEREAS, IC 36 -1- 12.5 -2.5 -2 defines a "guaranteed savings contract" as a contract to (i) evaluate and recommend to the governing body conservation measures, and (ii) provide for the implementation of at least one (1) conservation measure; and WHEREAS, on August 7, 2014, the Board adopted its Resolution No. 35 -2014 confirming the Board's compliance with IC 36 -1 -12 and further making its advisory recommendation to the Common Council of the City of South Bend, Indiana that the Council approve and execute a Project Development Agreement with Ameresco, Inc., the form of said agreement being attached hereto and incorporated herein as Exhibit 1, and a copy of said Resolution No. 35 -2014 attached hereto and incorporated herein as Exhibit 2, and WHEREAS, the Board has heretofore reviewed the proposed form of Project Development Agreement as attached hereto and incorporated herein as Exhibit 1 to the Board's Resolution No. 35 -2014 and upon completion of the energy audit as described in the Project Development Agreement, Ameresco shall prepare and deliver a Project Proposal which shall be incorporated into a separate Energy Savings Contract which upon recommendation of the Board of Public Works is intended to be approved and executed as a separate agreement by and between the Council and Amerersco, Inc. WHEREAS, the Board has affirmed that the actions referred to in its Resolution No. 35- 2014 were undertaken solely at the direction of and as authorized agents to the Council pursuant to the Council's Resolution No. 3705 -07 and not on the Board's own behalf; and WHEREAS, the Common Council of the City of South Bend desires to accept the Board's advisory recommendation and to approve and execute the Guaranteed Energy Savings Contract with such changes as may be suggested by the City's Department of Law; and WHEREAS, the Common Council of the City of South Bend further desires to ratify, confirm and approve various other actions undertaken to date by the Board and the Department in 1 * *Vtes SBCCouncil Project Development, Century Center—Ameresco—FINAL 14085