File #: 12-1294    Version: 1 Name: Competitive Contracting Resolution- ESCO
Type: Resolution Status: Filed
File created: 5/31/2012 In control: Economic and Housing Development
On agenda: 7/3/2012 Final action: 7/3/2012
Title: Dept/ Agency: Economic & Housing Development Action: ( ) Ratifying (X) Authorizing ( ) Amending Type of Service: Solicitation of Sealed Bids Purpose: Authorizing Competitive Contracting for engagement of Energy Services Company
Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Solicitation of Sealed Bids
Purpose: Authorizing Competitive Contracting for engagement of Energy Services Company


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WHEREAS, the Legislature, has provided municipalities with a frame work to implement Energy Savings Improvement Programs, which are defined as an initiative to implement energy conservation measures in existing facilities, provided that the value of the energy savings resulting from the program will be sufficient to cover the cost of the program’s energy conservation measures; and

WHEREAS, in order to implement an Energy Savings Improvement Plan, the Legislature has further authorized the engagement of Energy Services Companies (hereinafter, “ESC”) by municipalities to develop and implement an Energy Savings Plan (hereinafter, “ESP”), through the competitive contracting procedure set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-4.1 et seq., more specifically, N.J.S.A. 40A:11-4.6, in lieu of the standard public bidding process; and

WHEREAS, the City of Newark (hereinafter, the “City”) is desirous of implementing an Energy Savings Improvement Program in the fashion set forth in the Local Public Contracts Law, N.J.S.A. 40A:11-4.6 et seq. and therefore has a need to contract with an ESC to develop and implement an ESP; and

WHEREAS, N.J.S.A. 40A:11-4.6 specifically authorizes the City to use competitive contracting to enter into an energy savings services contract with an ESC to implement the energy savings improvement program in the manner provided by sections 1 through 5 of P.L.1999, c.440 (C.40A:11-4.1 et seq.); and

WHEREAS, the development of an ESP will improve the operational efficiency and address deferred maintenance of municipal buildings, reduce the City of Newark’s energy use and carbon footprint, and reduce the municipal budget; and

WHEREAS, pursuant to N.J.S.A. 40A:11-4.3(a), ...

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