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HomeMy WebLinkAboutConfirming BPW Approving the Execution of Contract of Traffic Signals - LEDRESOLUTION 3758-07 Passed by the Common Council of the City of South Bend, Indiana June 11, 07 20 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 12, 20 07 City Clerk Approved and signed by me June 13 , 2042- . ~~ RESOLUTION NO. 3~ s8'~l A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE ADVISORY RECOMMENDATION OF THE BOARD OF PUBLIC WORKS, RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF A GUARANTEED ENERGY SAVINGS CONTRACT FOR TRAFFIC SIGNALS WITH JOHNSON CONTROLS, INC. WHEREAS, on February 12, 2007, the Common Council of the City of South Bend ("Council") adopted its Resolution No. 3705-07 thereby appointing the Board of Works ("Board") and the Department of Public Works of the City of South Bend ("Department") as authorized agents of the Council for purposes of meeting the provisions required by IC 36-1-12.5 and other Indiana laws leading up to the final review of and the execution by the Council of a Guaranteed Energy Savings Contract for the use of LED technology in mechanized traffic signals; and WHEREAS, on June 11, 2007, the Board adopted its Resolution No. 22-2007 confirming the Board's compliance with IC 36-1-12 and further making its advisory recommendation to the Common Council of the City of South Bend, Indiana of the approval of a Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc., a copy of said Resolution No. 22-2007 attached hereto and incorporated herein as Exhibit l ;and WHEREAS, the Board has heretofore reviewed the proposed form of Guaranteed Energy Savings Contract as attached hereto and incorporated herein as Exhibit A to the Board's Resolution No. 22-2007 and has recommended that the Common Council of the City of South Bend approve and execute an Energy Savings Contract with Johnson Controls, Inc., 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. WHEREAS, the Board has affirmed that the actions referred to in its Resolution No. 22-2007 were undertaken solely at the direction of and as authorized agents to the Council pursuant to the Council's Resolution No. 3705-07 and not on the Board's own behalf; and 1 *. *~S B CCouncil_Energysavings-LEDSignals_JohnsonControls.doc 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 Adopted this a~ day of -.~ ~ ~ ~ , 2007. Member, South Be Common Council Attest: 'ty Cl rk Presented by me to the Mayor of the City of South Bend, Indiana, on the t~h day of > ~a ~ , 2007, at I L_~"o'clock t!? .m. ,~ ~ City erk ~ ~~ Approved and signed by me on the ~Z day of , 2007, at 'clock .m. Mayor, City South Bend Fii~f~ En, ~1~=~ Qf~fice JUN - 6 2007 PRESENTED v ~{ l~ ~~ ~Q;;,~ VCORDE NOT. APPROVED CITY CLEis;S, SU. 2Et3D, -N. ,~[)OPTER ~ `~ `~ ~ ~ 3 *.*\SBCCouncil_EnergyS avings-LEDs ignals_JohnsonControls.doc TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE ADVISORY RECOMMENDATION OF THE BOARD OF PUBLIC WORKS, RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF A GUARANTEED ENERGY SAVINGS CONTRACT FOR TRAFFIC SIGNALS WITH JOHNSON CONTROLS, INC Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Acting Chairperson