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AGENDA REVIEW SESSION AUGUST 7, 2014 250 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 Project Development Agreement with Ameresco, Inc., the form of said agreement being attached hereto and incorporated herein as Exhibit A with such changes as may be suggested by legal counsel with approval of such changes evidenced by the execution and attestation respectfully, of the agreement. Section 2. 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. Section 3. The Board of Public Works hereby assures the Council that, upon approval and execution of the Project Development Agreement and /or the Energy Savings Contract by the Council, staff members of the Department of Public Works shall supervise all work done incidental to the Guaranteed Savings Contract concerning Century Center, including the power to authorize change orders. Section 4. The Board of Works hereby assures the Council of the Board's continued assistance as set forth in the Council's Resolution No. 4302 -13. Section 5. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on August 7, 2014, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Patrick M. Henthorn s/ Brian J. Pawlowski ATTEST: s /Lee Bene, Secretary ADOPT RESOLUTION NO. 36 -2014 — A RESOLUTION OF THE BOARS OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA RATIFYING, CONFIRMING AND APPROVING ACTIONS TAKEN BY LT. CHRISTOPHER VOROS RELATED TO i2 SOFTWARE AGREEMENT 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. 36-2014 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA RATIFYING, CONFIRMING AND APPROVING ACTIONS TAKEN BY LT. CHRISTOPHER VOROS RELATED TO i2 SOFTWARE AGREEMENT WHEREAS, pursuant to Indiana Code §36 -9 -6 -2 and Indiana Code §36- 9 -6 -3, the City of South Bend, Indiana Board of Public Works (`Board ") has authority over City property and is the City's contracting agency; and WHEREAS, Lt. Christopher Voros is the Assistant Director of the Services Division for