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CC Resolution 12556RESOLUTION NO.12556 A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENERGY SERVICES PERFORMACE CONTRACT FOR ENERGY EFFICIENCY MEASURES WITH SYSERCO ENERGY SOLUTIONS (SYSERCO), AUTHORIZING IMPLEMENTATION OF THE ENERGY EFFICIENCY MEASURES (ECM) DETERMINED BY THE INVESTMENT GRADE AUDIT (IGA) AND APPROVING THE APPLICATION OF FUNDING AGREEMENTS WITH PG&E AND THE CALIFORNIA ENERGY COMMISSION. WHEREAS, on October 4th, 2016, the City Council authorized staff to issue a Request for Qualifications for firms qualified to perform an Investment Grade Audit regarding energy consumption in City facilities; and WHEREAS, as a result of issuing the RFQ, staff evaluated several firms and selected Syserco to perform an Investment Grade Audit of energy consumption on selected City facilities, and WHEREAS, SYSERCO has developed an ENERGY SERVICES PROPOSAL to provide a turnkey, comprehensive approach towards designing, building, managing, commissioning, and validating Energy Conservation Measures (ECMs); and, WHEREAS, the ENERGY SERVICES PROPOSAL allows for a streamlined solution to implementing energy conservation projects with the goal of implementing energy saving projects at the City of Campbell that address existing building infrastructure needs providing for a more energy efficient, safe, reliable and sustainable operation; and, WHEREAS, in order to participate in the ENERGY SERVICES PROGRAM, the City permitted SYSERCO to perform an Investment Grade Assessment (IGA), consisting of professional engineering services necessary to complete a full assessment of energy efficiency opportunities at the City of Campbell; and, WHEREAS, SYSERCO has completed the IGA Final Report for the City buildings, which identified a variety of economically viable energy efficiency and operational upgrades, including capital .improvement projects that, when implemented, will allow the City of Campbell to achieve many of its long-term sustainability goals; and, WHEREAS, SYSERCO has identified the PG&E On -Bill Financing Program and the California Energy Commission Energy Efficiency Loan Program as funding sources for the identified projects; and WHEREAS, California Government Code Section 4217.12 allows the City to issue a Request for Qualifications and select a firm based on best overall value and, that the anticipated cost to the City for the conservation services provided under the contract will be less than the anticipated marginal energy cost to the City that would have been incurred in the absence of the contract. WHEREAS, the energy services contract terms will include: a scope of work containing the ECMs selected by the City Facilities & Operations Staff, insurance and indemnity provisions approved by the City, Risk Manager and City Attorney, and those terms in the Energy Services Construction Contract necessary to comply with all applicable Public Construction Contracting laws, including prevailing wage, bonds, etc.; and, WHEREAS, on February 18, 2020, the City Council held a Public Hearing as required by Government Code Sections 4217.12 , to consider Energy Conservation Measure options. NOW, THEREFORE, the Council of the City of Campbell hereby resolves as follows: Based upon reports of staff, reviewed by the City Council in connection herewith, and pursuant to Government Code section 4217.12, the City Council finds that the anticipated cost to the City for the Energy Conservation Measures provided pursuant to the terms of the Contract will be less than the anticipated marginal costs to the City of thermal, electrical or other energy that would have been consumed by the City in the absence of such purchases. That the City's payment to Syserco is anticipated to be offset by below -market energy purchases or other benefits provided under the Contract. It is in the best interests of the City to enter the Contract pursuant to the terms as. indicated in the form of Contract, subject to minor revisions approved by staff and legal counsel that do not alter or reduce the "best interests" approved in this Resolution. The City Manager or designee is authorized to negotiate and execute agreements with SYSERCO to implement the Energy Conservation Measures included and described in the Energy Services Proposal to the staff report to Council dated February 18, 2020, subject to approval as to form by the City Attorney. The City Manager or designee is also authorized to apply for funding through the PG&E On -Bill Financing Program and the California Energy Commission Energy Efficiency Loan Program in or up to amounts as identified in the staff report to Council dated February 18, 2020. PASSED AND ADOPTED this 18t" day of February, 2020 by the following roll call vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ATTEST: Wendy od, City Clerk Waterman, Bybee, Resnikoff, Gibbons, Landry None None APPROVED: Susan M. Landry, M*or