04-13-15 Agenda, Packet & Committee Meeting Notice

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l 1 �o, Substitute Bill No. 17 -15 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET. SEQ, AND RENDERING FINAL APPROVAL OF A GUARANTEED ENERGY SAVINGS CONTRACT RELATING TO CENTURY CENTER, APPROPRIATING MONIES FROM CENTURY CENTER CAPITAL IMPROVEMENT FUND ( #671), ESTABLISHING A NEW FUND (NO. 672) TO BE KNOWN AS THE CENTURY CENTER ENERGY CONSERVATION DEBT SERVICE FUND, AND TAKING ALL OTHER ACTION IN CONNECTION THEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City ") is a political subdivision of the State of Indiana, and is authorized and empowered to adopt this Ordinance and to carry out its provisions. Pursuant to Ind. Code 36 -1 -12.5 the City received a proposal from Ameresco, Inc. (the "Qualified Provider ") to undertake certain energy conservation measures at the City's Century Center convention facility, including, but not limited to, (a) updated lighting, (b) replacement and /or renovation of the heat and air conditioning equipment, (c) replacement of the roof for the facility, (d) improved lighting and HVAC control systems, and (e) any projects related to any of the foregoing projects (clauses (a) through and including (e) collectively, the "Conservation Measure Projects "), which Conservation Measure Projects shall be undertaken by the Qualified Provider in accordance with the terms of an Energy Services Agreement by and between the City and the Qualified Provider (the "Qualified Provider Agreement "). Such Qualified Provider Agreement constitutes a "Guaranteed Savings Contract" as defined by IC 36- 1- 12.5 -2. On August 11, 2014 this Council approved a Project Development Agreement which was Exhibit A to Resolution No. 4382 -14. With that approval, the Qualified Provider completed the first step of a Guaranteed Savings Contract, "to evaluate and recommend to the governing body conservation measures" (IC 36 -1- 12.5 -5 -2), and it identified the above - listed Conservation Measure Projects with detailed cost estimates for all work to be performed and including the amounts by which energy and operating costs will be reduced, pursuant to IC 36 -1- 12.5 -6. This Qualified Provider Agreement will implement the Qualified Provider's recommended Conservation Measure Projects, the second step of a Guaranteed Savings Contract under Indiana Code 36 -1- 12.5 -2. The City's Department of Law has negotiated with the Qualified Provider and agreed upon this final version of the Qualified Provider Agreement which includes a "Savings Guarantee" with "Measurement and Verification Plan," all as prescribed by Council Resolution