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RESOLUTION NO. 08-2015 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH <br />BEND, INDIANA RATIFYING, CONFIRMING AND APPROVING THE ENERGY <br />SAVINGS AGREEMENT WITH AMERESCO, INC. <br />WHEREAS, the City of South Bend Board of Public Works ( "Board ") is the contracting <br />body for the City of South Bend, Indiana (`City ") and the Board has the authority to design, <br />construct and execute the construction of certain public improvements pursuant to Indiana Code <br />§ 36 -9-6; and <br />WHEREAS, in compliance with the requirements of Indiana law including, but nol <br />limited to IC 36 -1 -12.5, and upon the powers granted to it by the City of South Bend Common <br />Council ( "Common Council ") acting through Resolution No. 4382 -14, attached as Exhibit 1 and <br />incorporated herein, the Board negotiated au Energy Savings Agreement ( "Agreement') with <br />Ameresco, Inc. attached as Exhibit 2 and incorporated herein; and <br />WHEREAS, the Board is now asked to ratify the Agreement pursuant to funding being <br />approved at a later date by the Common Council so that the required documents for the public <br />bond may be finalized; and <br />WHEREAS, time is of the essence in this matter. <br />NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public <br />Works as follows: <br />The Energy Savings Agreement as negotiated with Ameresco, Inc. is hereby <br />ratified for the explicit propose of securing financing by way of a public bond. <br />2. This Resolution sliall be in full force and effect after its adoption by the City of <br />South Bend Board of Public Works. <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana <br />held on February 24, 2015, at 1308 County -City Building, 227 West Jefferson Boulevard, South <br />Bend, Indiana 46601. <br />BOARD OF PUBLIC WORJF'Ied In Clerk's <br />;A 16 2015 <br />Gary A. Gil'ot, President JOi <br />t o' t, <br />SOIJi <br />191vid P. Relos, Member <br />Henthorn, Member <br />IN <br />Brian J. Pawlowski, Member <br />YW <br />Attest: Lee A. Bene, Acting Clerk <br />