Attachment 1ATTACHMENT 1
RESOLUTION 2018-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING FINDINGS DISPENSING WITH THE FORMAL BIDDING
REQUIREMENTS PER THE CALIFORNIA GOVERNMENT CODE SECTIONS
4217.10-4217.18 AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ENERGY
SERVICES AGREEMENT WITH SYSERCO, INC. FOR THE DESIGN, INSTALLATION AND
COMMISSIONING OF HVAC AND LIGHTING IMPROVEMENTS AT VARIOUS TOWN
FACILITIES FOR A TOTAL PROJECT COST NOT TO EXCEED $1,664,358.
WHEREAS, Syserco, Inc. has developed an Energy Services Proposal (Exhibit A) to provide
a turnkey, comprehensive approach towards designing, building, managing, commissioning,
monitoring and validating Energy Conservation Measures (ECMs);
WHEREAS, the Energy Services Proposal allows for implementing energy conservation
projects at designated Town facilities to address existing building infrastructure needs providing
for more energy efficient, safe, reliable, and sustainable operations;
WHEREAS, in order to participate in the Energy Services Program, the Town hired Syserco,
Inc. to perform an Investment Grade Audit (IGA), consisting of professional engineering services
necessary to complete a full assessment of energy efficiency opportunities at Town Hall, Library,
Police Operations Building, Adult Recreation Center, Youth Recreation Center, Lot #4 Garage , and
the Corporation Yard;
WHEREAS, Syserco, Inc. has issued the IGA Final Report (included in Exhibit A), which
identified a variety of economically viable energy efficiency and operational upgrades, including
capital improvement projects that, when implemented, will allow the Town of Los Gatos to
achieve long-term sustainability goals;
WHEREAS, California Government Code Section 4217.12 allows the Town to forgo
standard procurement processes for “energy services contracts” if it finds it best serves the
Town’s interest and that the anticipated cost to the Town for the conservation services provided
under the contract will be less than the anticipated marginal energy cost to the Town that would
have been incurred in the absence of the contract;
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Resolution 2018 - October 2, 2018
WHEREAS, the Energy Services Agreement terms include: a scope of work containing the
ECMs selected by the Town Council, insurance and indemnity provisions approved by the Town
Risk Manager and Town Attorney, and those terms in the Town’s standard construction contract
necessary to comply with all applicable public contracting laws, including prevailing wage, bonds,
etc.; and
WHEREAS, the Town Council held a public hearing on October 2, 2018, to consider Energy
Conservation Measure options as required by California Government Code Sections 4217.12.
NOW, THEREFORE, the Town Council of the Town of Los Gatos, California, does resolve
as follows:
Section 1. Based upon reports of staff, reviewed by the Town Council in connection herewith,
and pursuant to Government Code section 4217.12, the Town Council finds that the anticipated
cost to the Town for the Energy Conservation Measure s provided pursuant to the terms of the
Energy Services Agreement will be less than the anticipated marginal costs to the Town of
thermal, electrical or other energy that would have been consumed by the Town in the absence
of such purchases.
Section 2. It is in the best interest of the Town to enter into an agreement pursuant to the terms
set forth in the Energy Services Agreement in Exhibit A, subject to minor revisions approved by
staff and legal counsel that do not alter the Town’s obligations thereunder, or reduce the benefits
to the Town approved in this Resolution.
Section 3. The Town Manager is authorized to negotiate and execute the attached Energy
Services Agreement with Syserco, Inc. to implement the Energy Conservation Measures
described in the agenda report to the Town Council dated October 2, 2018, subject to approval
as to form by the Town Attorney.
Section 4. The Town Manager is authorized to enter into a financing agreement with PG&E for
the On-Bill Financing (OBF) Program.
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Resolution 2018 - October 2, 2018
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of October 2018 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________