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Meeting Date:
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8/25/2022 - 6:00 PM
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Category:
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Purchasing
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Type:
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Action
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Subject:
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9.42 Consent to Assignment and Assumption for Contract 8344 Energy Savings Improvement Program
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Strategic Plans:
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Priority 1.5 1.5 Develop a capital strategy aligned with the Long-Range Facilities Plan and strategic plan to modernize all facilities, and plan for enrollment projections, academic programs, and community needs.
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Enclosure
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Assignment and Assumption with Consent Agreement
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File Attachment:
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Summary:
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WHEREAS, Tozour Energy Services was awarded contract 8344 for Energy Savings Improvement Plan during the May 27, 2014 Board Meeting for a term not to exceed fifteen (15) years; and
WHEREAS, the Newark Board of Education approved the amendment of term contract during the May 22, 2018 Board Meeting for inclusion of solar photovoltaics; and
WHEREAS, the Newark Board of Education approved a second amendment during the May 27, 2021 Board Meeting (A) authorizing the execution and delivery of an amendment to the contract with Tozour energy systems for the implementation of an energy savings plan AN (“2015 ESP”), (B) authorizing the submission of an application to the local finance board seeking approval to adopt a refinancing bond ordinance to finance the 2015 ESP, and (C) approving, on first reading, an ordinance for the issuance of energy savings obligations refunding bonds to finance the 2015 ESP; and
WHEREAS, effective August 25, 2022 Tozour Energy Services shall assign their contract obligation to DCO Energy LLC, so that Tozour Energy Services’ rights, duties, obligations, title, and interests related to contract 8344 will be likewise assigned to DCO Energy LLC; and
WHEREAS, there are no other changes to the terms and conditions of contract 8344; and
WHEREAS, under the terms of this contract, any assignment of a contract must be approved by the Newark Board of Education; and
WHEREAS, the recommendation to consent to the assignment and assumption of contract 8344 has been reviewed and approved by the Office of General Counsel and Rodney Williams, Director of Energy and Sustainability.
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Funding :
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Recommendation to the Board:
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NOW THEREFORE BE IT RESOLVED, that the Newark Board of Education hereby accepts, approves and consents to the assignment and assumption of contract 8344 from Tozour Energy Services to DCO Energy LLC with no other changes in the terms and conditions of contract 8344 for Energy Savings Improvement Plan for a term not to exceed fifteen (15) years from commencement of the Energy Savings Improvement Services.
EXPLANATION: Consent required to maintain the current contract.
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Approvals:
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Recommended By:
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Signed By:
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Sherelle Spriggs - Senior Purchasing Manager
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Signed By:
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Krystle Whitlock - Assistant Business Administrator
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Signed By:
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Valerie Wilson - School Business Administrator
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Signed By:
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Roger León - Superintendent
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Vote Results:
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| Original Motion | Member Josephine Garcia Moved, Member Daniel Gonzalez seconded to approve the Original motion 'NOW THEREFORE BE IT RESOLVED, that the Newark Board of Education hereby accepts, approves and consents to the assignment and assumption of contract 8344 from Tozour Energy Services to DCO Energy LLC with no other changes in the terms and conditions of contract 8344 for Energy Savings Improvement Plan for a term not to exceed fifteen (15) years from commencement of the Energy Savings Improvement Services.
EXPLANATION: Consent required to maintain the current contract.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 8 Nay: 0. | | The motion Carried 8 - 0 | | | | | Josephine Garcia | Yes | | Flohisha Johnson | Yes | | Dawn Haynes | Yes | | Asia J. Norton | Yes | | A'Dorian Murray-Thomas | Yes | | Vereliz Santana | Yes | | Daniel Gonzalez | Yes | | Crystal Williams | Yes | |
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