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RESOLUTION NO. 3 ~ ~ ZJ ~ <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA AUTHORIZING AND APPROVING THE EXECUTION OF A <br />GUARANTEED ENERGY SAVINGS CONTRACT FOR TRAFFIC SIGNALS <br />WITH JOHNSON CONTROLS, INC. <br />WHEREAS, on February 12, 2007, the Common Council of the City of South <br />Bend ("Council") adopted its Resolution No. 3705-07 thereby appointing the Board of <br />Works ("Board") and the Department of Public Works of the City of South Bend <br />("Department") as authorized agents of the Council for purposes of meeting the <br />provisions required by IC 36-1-12.5 and other Indiana laws leading up to the final review <br />of and the execution by the Council of a Guaranteed Energy Savings Contract for the use <br />of LED technology in mechanized traffic signals; and <br />WHEREAS, on June 11, 2007, the Board adopted its Resolution No. 22-2007 <br />confirming the Board's compliance with IC 36-1-12 and further making its advisory <br />recommendation to the Common Council of the City of South Bend, Indiana of the <br />approval of a Guaranteed Energy Savings Contract for traffic signals with Johnson <br />Controls, Inc.; and <br />WHEREAS, on June 11, 2007, the Council adopted its Resolution No. 3758-07 <br />thereby accepting the Board's advisory recommendation, ratifying, confirming and <br />approving certain actions taken by the Board, and approved the execution of a <br />Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc. with <br />such changes as suggested by legal counsel; and <br />WHEREAS, pursuant to the authority granted by the aforementioned resolutions <br />of the Board and the Council, the Board's legal counsel has completed negotiations with <br />representatives of Johnson Control's, Inc. and has recommended the changes which have <br />been incorporated in the final form of agreement that is attached hereto and incorporated <br />herein as Exhibit I ("Contract"); and <br />WHEREAS, the Council's attorney has reviewed the Contract and recommends <br />approval of the changes which have been negotiated on the Council's behalf; and <br />1 <br />*. *\Resolution\SBCCouncil2_Energys avings-LEDSignals_JohnsonControls.doc <br />