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AGENDA REVIEW SESSION AUGUST 7 2014 249 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on August 7, 2014, by Board President Gary A. Gilot with Board Members David Relos, Patrick Henthorn, and Brian Pawlowski present. Board Member ICathryn Roos was absent. Also present was Attorney Cheryl Greene. Ms. Lee Bene, Engineering, presented the Board with a proposed agenda of items presented by the public and by City Staff. APPROVE RECOMMENDATION OF AWARD — GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACT FOR CENTURY CENTER In a memo to the Board, Ms. Therese Dorau, Office of Sustainability, stated after review of evaluations based upon all submissions to the Request for Proposals; presentations by the top three candidates; and the gathering of additional information on the top two candidates, Ameresco was chosen by the majority vote of the review committee. Therefore, Ms. Dorau stated, she requests the Board of Public Works approve Resolution No. 35 -2014, which will serve as the Board's formal recommendation to the Common Council to select Ameresco as the provider and subsequently to execute the Project Development Agreement. Upon a motion by Mr. Relos, seconded by Mr. Henthom and carried, the Board approved the recommendation to recommend Ameresco to the Common Council for award of the above contract. ADOPT 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 Upon a motion made by Mr. Relos, seconded by Mr. Henthorn and carried, the following Resolution was adopted by the Board of Public Works: 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