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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RESOLUTION NO. 35-2014 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET SEQ. AND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THE APPROVAL AND 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, in compliance with the requirements of Indiana law including, but not limited to, IC 36 -1 -12.5, the Board has taken certain actions as authorized agent to the Council including preparation of specifications and evaluation criteria for a Guaranteed Energy Savings Contract, publication of notice as required by IC 36 -1- 12.5 -5 requesting qualified providers to submit proposals, and has opened at a public meeting of the Board those proposals that were received in response to the notice, and has evaluated said proposals; and WHEREAS, the Board has heretofore reviewed the proposed form of Project Development Agreement with Ameresco, Inc. as attached hereto and incorporated herein as Exhibit A which provides for a detailed energy audit evaluating Century Center's conservation needs in anticipation of a Guaranteed Energy Savings Contract to implement such conservation measures as are determined through the energy audit; and WHEREAS, the Department's legal counsel has determined that the proposed form of Project Development Agreement is consistent with and meets the legal requirements of IC 36 -1- 12.5; and WHEREAS, the Board affirms that the actions referred to in its Resolution No. 35 -2014 are taken by the Board and the Department solely at the direction of and as authorized agents to the Council and not on the Board's own behalf. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, that: Section 1. The Board of Public Works hereby makes its advisory recommendation to the Common Council of the City of South Bend that the Council approval and execute a F:\ *. *\BPWV2eso1utions\Rcs 35 -2014 - BPW Recommending Guaranteed Energy Savings at Century Center_070611 'C„ x 1+1 B I I L