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1200 COUNTY- CI1'YBUILDING <br />227 W. JEFFERSON BOULEVARD <br />SOUTH BEND, INDIANA 46601 -1830 <br />CRUSTAL C. BRISCO <br />CORPORATION COUNSEL <br />CITY OF SOUTH BEND PETE BU=GIEG, I&WOR <br />DEPARTMENT OF LAW <br />August 4, 2014 <br />The South Bend Common Council <br />4`h Floor County -City Building <br />South Bend, Indiana 46601 <br />PHONE 574/235 -9241 <br />FAx 574/235 -7670 <br />ALADEAN M. DEROSE <br />CITY ATTORNEY <br />Re: Proposed Resolution Accepting Board of Public Works Advisory Recommendation and <br />Authorizing Execution of Project Development Agreement Related to Guaranteed Energy Savings <br />Contract for Century Center <br />Dear Council Members: <br />Under the provisions of Indiana Code 36 -1 -12.5, the South Bend Common Council as "governing body" of <br />a "political subdivision" is granted the authority to enter into a Guaranteed Energy Savings Contract as <br />defined by IC 36 -1- 12.5 -2. In accordance with the statute, the Council adopted its Resolution No. 4302 -13 <br />on November 25, 2013 appointing the Board of Public Works ( "Board ") as the Council's authorized agent <br />for purposes of meeting the requirements of IC 36 -1 -12.5 with respect to a Guaranteed Energy Savings <br />Contract for the use of energy saving technology at Century Center. In compliance with state law and the <br />authority granted by the Council as the Council's agent, the Board has reviewed a proposed form of Project <br />Development Agreement with Ameresco, Inc., a for -profit corporation providing comprehensive energy <br />efficiency and energy solutions for facilities throughout the United States. The Project Development <br />Agreement provides for the evaluation of energy conservation measures through an energy and <br />infrastructure audit and is consistent with the requirements of IC 36 -1 -12.5. It is anticipated that upon <br />completion of the energy audit and evaluation of the facility, Ameresco would prepare a proposal detailing <br />the scope of work for installation of energy improvements under a Guaranteed Energy Savings Contract. <br />The Guaranteed Energy Savings Contract will be reviewed by the Board and submitted to the Council for <br />its approval and execution by separate resolution. <br />This proposed Resolution is the second of three (3) resolutions which the Common Council would be asked <br />to act upon. Therese Dorau, Director of Sustainability, and Eric Horvath, Director of Public Works, will be <br />working with the Council in this matter, and Eric Horvath or his designee will present this Resolution. <br />Filed in Clerics Office <br />AUG -6 2014 <br />I <br />JOHN VOORDE <br />C1TY CLERK, SOUTH BEND, IN <br />S ely <br />Che . Gr <br />Assistant City ttoxney and <br />Legal Counsel to the Board of Public Works <br />