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1200 COUNTY -CITY BUILDING <br />227 W. JEFFERSON BOULEVARD <br />SOUTH BEND, INDIANA 46601 -1830 <br />CRISTAL C. BRISCO <br />CORPORATION COUNSEL <br />CITY OF SOUTH BEND PETB BU71IGIEG, MAYOR <br />DEPARTMENT OF LAW <br />March 18, 2015 <br />Mr. Tim Scott <br />President, South Bend Common Council <br />0 Floor, County -City Building <br />South Bend, IN 46601 <br />PxONF: 574/235 -9241 <br />FAX 574/235 -7670 <br />TTY 574/235 -5567 <br />ALADEAN M. DEROSE <br />CITY A1•roRNEY <br />Filed In Clark's Office <br />HAR 18 2015 <br />CITY CLERK, SOU N BEND, IN <br />Re: Ordinance Approving Guaranteed Energy Conservation Contract and Related Financing <br />Dear President Scott: <br />You and the other South Bend Common Council members may recall that on August 11, <br />2014 the Council passed Resolution No. 4382 -14 approving a Guaranteed Energy Savings Project <br />Development Agreement with Ameresco Inc. pursuant to provisions of Ind. Code Section 36 -1- <br />12.5. That Agreement required an energy audit and a proposal for detailed scope of work for <br />installation of energy savings improvements at Century Center. Ameresco has performed the <br />energy audit and incorporated all of its recommendations into a Guaranteed Energy Savings <br />Contract. <br />Attached for filing with the Council at this time is a Bill which is an ordinance for approval <br />of the final version of the Guaranteed Energy Savings Contract as contemplated by the Council's <br />approval in Resolution No. 4382 -14 which the City's Department of Law has determined to be <br />appropriate and consistent with the requirements of Ind. Code Section 36 -1 -12.5. The contract <br />itself is attached to the Ordinance as Exhibit 1. That contract (Exhibit 1) was also approved by the <br />Board of Public Works at a public meeting held February 24, 2015 as Resolution No. 08 -2015, a <br />copy of which is attached to the proposed Council ordinance as Exhibit 2. <br />As you are aware from prior discussions, this Guaranteed Energy Savings Contract <br />(referred to in the attached ordinance as the "Qualified Provider Agreement ") will enable Century <br />Center to make extensive repairs and replacements resulting in energy savings, hence reduced <br />operating costs. Certain cost savings are guaranteed by Ameresco as provided in Section 6 and <br />Attachments C and D to the Qualified Provider Agreement per IC 36 -1- 12.5 -5 (a)(3) and (d)(3), <br />while some are "stipulated ", meaning that they will incidentally reduce energy consumption costs <br />which permits this project to qualify for qualified energy conservation bonds at an attractive rate <br />for the City. <br />ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY TASHA REED OUTLAW <br />MICHAEL J. SCHMIDT PAUL E. SINGLETON STEPHANIE STEELE <br />