11-25-13 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 25, 2013 Section I. The South Bend Common Council hereby believes that the following guidelines and policies are in the best interests of the City of South Bend, Indiana, in order to advance potential energy efficiencies and energy savings at the Century Center: 1. The Board of Public Works and the Department of Public Works of the City of South Bend, Indiana, shall be the authorized agents for the South Bend Common Council for purposes of meeting the provisions required of Indiana Code § 36-1-12.5-5, and other Indiana laws leading up to the final review of and the execution by the South Bend Common council of a Guaranteed Energy Savings Contract for upgrading and implementing more energy efficient programs and equipment in the Century Center in order to conserve energy and energy costs. Such authorization would include without limitation the preparation of specifications, evaluation criteria, and advertisement for proposals, opening of proposals, evaluating proposals, rejecting non-responsive proposals, and making advisory recommendations to the Common Council. 2. The Board of Public Works and the Department of Public Works shall make an advisory recommendation to the South Bend Common Council concerning the selection of a company to contract with for an Energy Savings Contract, with the South Bend Common Council retaining the sole and exclusive authority to enter into such a contract. 3. The Board of Public Works and the Department of Public Works are authorized to supervise all work done on the Guaranteed Savings Contract concerning the Century Center, including the power to authorize change orders. 4. The Board of Public Works and the Department of Public Works shall report to the South Bend Common Council via the Parks, Recreation, Cultural Arts & Entertainment Committee and at a regular Common Council meeting under"Special Business" as requested by the Council, and to any scheduled meetings between any company which submits a proposal and a member of the Board of Public Works or a Department of Public Works employee. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. • s/Derek D. Dieter Member of the Common Council Councilmember Henry Davis, Jr., Chairperson, PARC Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ann-Carol Nash, Assistant City Attorney, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nash advised that they had a little debate who might be presenting this,but I appreciate that Mr. Davis was actually the person who helped usher this through and I think Council Attorney Farrand also was the person who helped with this so much. As Council is probably well aware the Century Center Board of Managers hopes to enter into a Guaranteed Energy Savings Contract, and it wants to do adequate research and obtain as much information as possible from potential contractors and so our office has been working with Jonathan Burke from the public works and with Scott Herczeg and other people in order to prepare a request for qualifications and as part of the process, actually the most important part of the process, is that the Council will ultimately need to enter into the guaranteed energy savings contract on behalf of Century Center . Board of Managers and this resolution is to allow the Board of Public Works to do the working out of that contract and to do that on behalf of the Common Council. If there are any other questions I would be glad to try to answer them. But we also have Scott Herczeg(inaudible) from Century Center, and of course Councilmember Davis is familiar with this as well. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. 29