HomeMy Public PortalAbout022-2009 - Special Ordinance - Ameresco GES ContractORDINANCE NO. 22-2009
A SPECIAL ORDINANCE MAKING CERTAIN FINDINGS AND
AUTHORIZING THE CITY OF RICHMOND TO ENTER INTO
GUARANTEED ENERGY SAVINGS CONTRACT
WHEREAS, Indiana Code 36-1-12.5 authorizes a Legislative Body to enter into a
Guaranteed Energy Savings Contract with Qualified Providers for the purposes of installation
and upgrades of energy savings and conservation measures;
WHEREAS, On April 7, 2007, the Common Council of the City of Richmond granted
permission to the Mayor to proceed with the Request for Proposal process pursuant to Indiana
Code 36-1-12.5-5 and IC 5-3-1-1, and the City issued those Requests on July 7, 2008;
WHEREAS, Responses to the Requests for Proposals were reviewed by the Mayor, the
Director of Purchasing, and a Review Committee, and, after review, Ameresco was chosen as the
Qualified Provider to enter into the proposed Guaranteed Energy Savings Contract with the City;
WHEREAS, The proposed Guaranteed Energy Savings Contract will cover the
installation of energy conservation measures for the City Municipal Building and Fire Station
Number 1;
WHEREAS, The proposed Guaranteed Energy Savings Contract is attached to this
Special Ordinance and has been designated for recordation purposes with the City Clerk's office
as Contract Number 60-2009; and
WHEREAS, Indiana Code requires that prior to the execution of the Guaranteed Energy
Savings Contract, the Legislative Body must make certain findings with regard to the proposed
Contract and the savings guaranteed by the Qualified Provider.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA
MAKES THE FOLLOWING FINDINGS:
1. FINDING: That the amount the City of Richmond will spend on the
conservation measures under the proposed Guaranteed Energy Savings Contract
with Ameresco (hereinafter "Contract Number 60-2009"), and which are
recommended in Ameresco's report, are not likely to exceed the amount to be
saved by the City of Richmond in energy consumption costs and other operating
costs over the ten (10) year period from the date of installation if the
recommendations in Ameresco's report are followed; and
2. FINDING: That Ameresco provided a written guarantee in proposed
Contract Number 60-2009 affirming that the savings resulting from the
conservation measures implemented by the City of Richmond are guaranteed to
cover the City's costs of the payments for those measures and that Ameresco will
reimburse the City of Richmond for the difference between the guaranteed
savings and the actual savings.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
RICHMOND, INDIANA that the Common Council, as the Legislative Body of the City of
Richmond, wishes to enter into a Guaranteed Energy Savings Contract with a Qualified Provider
for the purposes of installation and upgrades of energy savings and conservation measures,
pursuant to Indiana Code 36-1-12.5.
NOW, THEREFORE, BE IT ALSO ORDAINED that the Common Council of the City of
Richmond acknowledges that the Guaranteed Energy Savings Contract with Ameresco, Contract
Number 60-2009, as attached to this Special Ordinance, meets the requirements set forth in
Indiana Code 36-1-12.5.
NOW, THEREFORE, BE IT ALSO ORDAINED that the Common Council of the City of
Richmond authorizes the City of Richmond to enter into the Guaranteed Energy Savings
Contract with Ameresco, Contract Number 60-2009, as attached to this Special Ordinance.
NOW, THEREFORE, BE IT ALSO ORDAINED that the Common Council of the City of
Richmond authorizes the Common Council President to execute Contract Number 60-2009 as a
duly authorized representative of the legislative body.
Passed and adopted by the Common Council of the City of Richmond this 4th day of
May , 2009.
S/S Clay Miller
Clay Miller, Vice President
Common Council of the City of Richmond
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
Presented by me to the Mayor of the City of Richmond, Indiana, this 5th _ day of _May ,
2009, at 9:00 a.m.
_S/S Karen Chasteen City Clerk
(Karen Chasteen)
Signed and Approved by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this
_5th day of May , 2009, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)