HomeMy Public PortalAbout2020.152 - (11-17-20) RESOLUTION NO. 2020.152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE AMENDED AND RESTATED ENERGY SAVINGS PERFORMANCE.
AGREEMENT WITH LERVS, LLC; AUTHORIZING THE CITY MANAGER
TO NEGOTIATE TERMS AND EXECUTE SAID AGREEMENT IN A FORM
APPROVED BY THE CITY ATTORNEY; AND AUTHORIZING THE
APPROPRIATION IN THE AMOUNT OF $1,975,233 FROM
UNAPPROPRIATED STREET LIGHTING FUND (FUND 2651), WATER
FUND (FUND 6051), SEWER FUND (FUND 6401) AND LEASE
REVENUE BOND (FUND 9053) TO BE LATER REIMBURSED FROM
THE CALIFORNIA ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION LOAN FOR CERTAIN QUALIFYING
COSTS
WHEREAS, on August 21, 2018,the City Council authorized staff to submit a loan
application from the California Energy Commission (CEC)to implement energy efficiency
projects and authorized the City Manager to accept a loan ; and
WHEREAS, on April 2, 2019,the City Council approved an Interim Agreement with
Go Green Consultants, LLC and authorized the City Manager to negotiate and approve
an Energy Service Contract, including a Power Purchase Agreement, finance document
and related documents with Go Green Consultants, LLC (Go Green); and
WHEREAS, in September 2019, the City Manager approved the Energy Savings
Performance and Power Purchase Agreement with Go Green.; and
WHEREAS, in December 2019,the City Manager executed a loan agreement with
CEC in the amount of$1,734,071 to implement exterior lighting and street lighting LED
conversion, Natatorium pool pump, transformers and the HVAC as authorized by the City
Council under Resolution No. 2018.154; and
WHEREAS, Go Green is agreeable to entering into a proposed restated Energy
Savings Performance Agreement reducing the scope of work to the following ECMs: 1)
exterior lighting upgrades to LED at Adolfo Medina Park, Yvonne Burke-John D. Ham
Park, City Hall, Community Center, Lynwood Park, Natatorium, Public Works Yard, and
Rose Park; 2) street lighting conversion of City owned street lights to LED citywide; 3)
transformer replacements at the Public Works Yard and Community Center; 4) HVAC
replacements at City Hall and Public Works Yard (Project); and
WHEREAS, although the proposed amended scope of work and price were
concurred between staff and Go Green at the time of drafting this agenda item, additional
edits to the proposed amended and Restated Agreement are still needed to be made and
negotiated with Go Green; and
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WHEREAS, LERVS is a special purpose entity created by Go Green Consultants
for financing and constructing the project with the City and LERVS is a subsidiary of Go
Green; and
WHEREAS, the CEC loan disbursement is based on reimbursement and
appropriation is needed to advance the fund; and
WHEREAS, to move forward with this Project, appropriation is needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood hereby approves the Amended
and Restated Energy Savings Performance Agreement with LERVS, LLC attached here
to as Exhibit A.
Section 2. That the City Council of the City of Lynwood hereby authorizes the Acting
City Manager or her designee to negotiate remaining terms and to execute the Amended
and Restated Energy Savings Performance Agreement in a form approved by the City
Attorney.
Section 3. That the City Council of the City of Lynwood approves the following
appropriation:
APPROPRIATION
Fund I Dept I Div I Object I Description I Amount
Budgetary Transfer Out.
2651 95 991 68020 Street Lighting Fund $450,000
to Capital Projects
Fund
9053 95 991 68020 2017 Lease Revenue $1,475,272
Bond to Capital
Projects Fund
6051 95 991 68020 Water Fund to $28,450
Capital Projects Fund
6401 95 991 68020 Sewer Fund to $21,511
Capital Projects Fund
Budgetary Fund ($1,975,233)
Balance
Budgetary Transfer In
4011 95 38120 Capital Projects Fund $450,000
from Street Lighting
Fund
4011 95 38300 Capital Projects Fund $1,475,272
from 2017 Lease
Revenue Bond
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I 4011 95 38110 Capital Projects Fund $28,450
from Water Fund
4011 95 38111 Capital Projects Fund $21,511
from Sewer Fund
4011 67 856 To Be Energy Conservation $1,975,233
Determined Measures Project
Section 4. That the City Council of the City of Lynwood authorizes the Director of
Finance &Administration Services to reimburse the funds used above with the proceeds
from the CEC loan.
Section 6. The City Council of the City of Lynwood authorizes the Acting City Manager
or her designee under LMC 6-3.15(d)to exceed the specific dollar amounts or percentage
limitations under LMC 6-3.15(a) and authorizes the Acting City Manager to approve
modifications and change orders related to the Project up to the available Project Budget.
Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
PASSED, APPROVED and ADOPTED this 17th de: of Move . bar 2020.
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pc,A. ,
Aide Castro, Mayor
ATTEST:
/ Ad (1/44144jd(H. d• (4*.N>c,
Maria Quinonez, City Clerk / Michelle Ramirez
City Clerk Acting City Manager
APPROVED AS TO FOR"4: APPROVED AS TO CONTENT:
Noel Tapia fgichard J. Sandzipker
City Attorney Director of Public Works
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STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution was duly adopted by the City Council of said City at its
regular meeting thereof held in the City Hall of the City on the 17th day of November,
2020 and passed by the following vote:
AYES: COUNCIL MEMBERS ALATORRE, SANTANA,SOLACHE, MAYOR PRO
TEM CASANOVA, AND MAYOR CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
aria uinonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council
of said City, do hereby certify that the above and foregoing is a full, true and correct copy
of Resolution No. 2020.152 on file in my office and that said resolution was adopted on
the date and by the vote therein stated. Dated this 17th day of November, 2020.
C-46 6,U4A/
Maria Quirionez,
City Clerk
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