Confirming BPW Approving the Execution of Contract of Traffic Signals - LED

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WHEREAS, the Common Council of the City of South Bend desires to accept the Board's advisory recommendation and to approve and execute the Guaranteed Energy Savings Contract with such changes as maybe suggested by legal counsel; and WHEREAS, the Common Council of the City of South Bend further desires to ratify, confirm and approve various other actions undertaken to date by the Board and the Department in their respective capacities as authorized agents of the Common Council incidental to the authority granted by Council Resolution No. 3705-07. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: Section 1. The Common Council of the City of South Bend hereby accepts the advisory recommendation of the Board of Public Works of the City of South Bend that the Council approve and execute an Energy Savings Contract with Johnson Controls, Inc. Section 2. The Common Council of the City of South Bend hereby authorizes the execution of the documents as described in this Resolution and as presented at this meeting with such changes as may be suggested by legal counsel with approval of such changes evidenced by the execution and attestation respectfully, of the contract. Section 3. The Common Council of the City of South Bend hereby acknowledges the Board of Public Works assurance and commitment as expressed in the Board's ~ Resolution No. 22-2007 that, upon approval and execution of 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 traffic signals, including the authorization change orders, shall ensure its continue compliance Indiana law and its continued adherence to the direction expressed in the Council's Resolution No. 3705-07. Section 4. The Common Council of the City of South Bend hereby ratifies, confirms and approves the actions taken by the Board of Public Works and the Department of Public Works of the City of South Bend in their respective capacities as authorized agents to and on behalf of the Common Council pursuant to the Council's Resolution No. 3705-07. Section 5. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. *** [SIGNATURE PAGE ATTACHED] 2 *. *\SBCCouncil_Energysavings-LEDs ignals_JohnsonControls.doc