ATTACHMENT 1
RESOLUTION NO. 23-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION
4217.12(A)(1)-(2) AND AUTHORIZING THE CITY MANAGER TO
FINALIZE NEGOTIATIONS THAT ARE IN THE BEST INTERESTS OF
THE CITY FOR AN ENERGY SERVICES CONTRACT WITH SYSERCO
ENERGY SOLUTIONS, INC. FOR THE ACQUISITION OF ENERGY
CONSERVATION EQUIPMENT
WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy generation; and
WHEREAS, California Government Code 4217.10-18 authorizes the City of Norwalk (“City”) to enter into an energy services contract for the implementation of energy related improvements in public buildings or City-owned property if the City Council finds that it is in the best interest of the City to enter into such energy services contract and that the anticipated cost to the city for the thermal energy, electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the City of the thermal, electrical or other energy that would have been consumed in the absence of those purchases; and WHEREAS, the City of Norwalk, in alignment with the City’s Strategic Plan, desires to re-invest in existing and aging infrastructure, build great public destinations, maintain the City's financial resiliency, protect and conserve natural resources and protect people by reducing the effects of pollution.
WHEREAS, an energy services contract has been presented to the City of Norwalk City Council, to be finalized and executed by and between the City and Syserco Energy Solutions, Inc. (“SES”); and
WHEREAS, pursuant to the Energy Services Contract, SES will sell to the City certain equipment, install and provide other services related to the equipment, to enable the City to reduce energy use and make more efficient use of energy (the “Project”); and WHEREAS, the Project is to be implemented in accordance with the energy services contract and will include design, engineering, permits, fees, approvals, project management, installation and start up, training, checkout, warranty and insurance specifically associated with the work to be performed; and WHEREAS, City Council desires to finalize and execute the energy services contract, subject to modifications as the City Manager, in consultation with the City Attorney, reasonably deems necessary following the City Council’s adoption of this Resolution; and
Resolution No. 23-68 Page 2 of 2
2 9
3 3
WHEREAS, the City Council’s approval to finalize and execute the energy services contract referenced above, in accordance with Government Code section 4217.12, is also fully contingent upon the City’s ability to secure financing for the Project in compliance with separate findings and procedural requirements of Government Code Section 4217.13; and
WHEREAS, in accordance with Government Code Section 4217.10 et seq, not less than fourteen (14) days before the regularly scheduled meeting where this Resolution will be considered, the City posted notice of a Public Hearing at which the City Council would consider this Resolution and the contract referenced; and WHEREAS, the Public Hearing was opened at the City Council regular meeting of November 7, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The City Council finds that all the foregoing Recitals are true and correct.
Section 2.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 7th day of November 2023.
ANA VALENCIA
MAYOR
____________________________
THERESA DEVOY, CMC
CITY CLERK