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CITY OF NORTH OLMSTED RESOLUTION NO. 2023 - 50 By: Mayor Jones and Councilman Limpert A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A GUARANTEED ENERGY SAVINGS CONTRACT WITH LEOPARDO ENERGY LLC, BASED ON AN ENERGY AUDIT AUTHORIZED BY ORDINANCE 2022-38, AS AMENDED BY ORDINANCE 2022-114, IN THE AMOUNT OF $3,962,095.00, ASAMENDED. WHEREAS, the Mayor and Administration recommend and requests authorization from this Council for the Mayor to enter into a Guaranteed Energy Savings Contract with Leopardo Energy LLC, based upon the results of energy audits performed pursuant to Ord. No. 2022-38, as amended by Ord. No. 2022-114, in the amount of $3,962,095.00, to complete an Energy Savings Project; and WHEREAS, by separate legislation this Council is asked to consider an Ordinance providing for the issuance and sale of Notes, not to exceed $4,000,000.00, in anticipation of the issuance of Bonds, to provide funds to pay the costs of acquiring and installing energy conservation measures; and WHEREAS, contracts for acquisition, installation and construction of improvements for energy conservation measures pursuant to guaranteed energy saving audits projects are exempt from competitive bidding and authorized by R.C. 717.02; and WHEREAS, it is the desire of this Council, based on the recommendation of the Administration, to authorize the Mayor to enter into an Agreement with Leopardo Energy LLC, as described by Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor be and she is hereby authorized to enter into a Guaranteed Energy Savings Contract with Leopardo Energy LLC, a copy of which is attached as Exhibit A, to perform work in accordance with the Energy Savings Project outlined therein. Any contract executed by the Mayor shall be in a form and substance consistent with Exhibit A, subject to the provisions of this Resolution, and further subject to such amendments as shall be subject to approval by the Director of Law. The Mayor is further authorized to enter into such other contracts with third party vendors, sub iect to approval by the Board of Control as may be required to effectuate the scone of work set forth in the Guaranteed Energv Savings Contract. SECTION 2: That the Mayor's authorization to enter into the Contract, attached as Exhibit A, as provided in Section 1, is and shall be subject to and conditioned upon the separate