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Meeting Date:
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10/28/2021 - 6:00 PM
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Category:
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Finance and Operations
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Type:
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Action
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Subject:
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11.14 Resolution to Pay Project Development Costs Related to an ESIP
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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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File Attachment:
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Summary:
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WHEREAS, a resolution was passed on March 26, 2020 to award contract 9134 to CHA Consulting, Inc. (“CHA”) for professional engineering services for an energy Savings Improvement Plan (“ESIP”) for a total of $500,000.00; and
WHEREAS, a subsequent resolution was passed on January 28, 2021 to increase the value of contract 9134 to $1,500,000.00; and
WHEREAS, pursuant to the ESIP, a resolution was passed on May 4, 2021 to award contract number 9287 to National Energy Partners (“NEP”) to provide solar generated electricity under a Power Purchase Agreement (“PPA”) to build solar energy systems at 51 school locations; and
WHEREAS, the PPA, Sec. 16.10 requires that upon execution, NEP must pay the Board $325,000.00 representing payment/reimbursement for certain Project Development Costs consisting of $240,000.00 in engineering services related to the ESIP, with the remainder representing the cost for legal services rendered during the negotiation and finalization of the PPA; and
WHEREAS, a resolution was previously passed on November 11, 2019 to retain the law firm of Wilentz, Goldman and Spitzer, PA to represent the Board in various legal matters; and
WHEREAS, since the award of contract 9287, PPAs were executed between the Board and NEP for 51 individual school locations; and
WHEREAS, NEP is now ready to release the $325,000.00 payment to the Board as part of the PPA; and
WHEREAS, the recommendation to accept the $325,000.00 representing payment for project development costs in the form of engineering services provided by CHA and legal services provided by Wilentz, Goldman and Spitzer, PA, was reviewed and approved by Rodney L. Williams, Director of Energy & 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 authorizes and approves the receipt of the $325,000.00 disbursement from NEP representing payment/reimbursement for Project Development Costs.
BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the payment of $240,000.00 from the NEP disbursement to CHA for professional engineering services rendered as part of the ESIP.
BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the payment of $85,000.00 from the NEP disbursement to Wilentz, Goldman and Spitzer, PA, for legal services rendered in relation to the PPA.
EXPLANATION: To authorize the payment of monies for project development costs consisting of engineering and legal services that were rendered pursuant to an ESIP.
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Approvals:
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Recommended By:
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Signed By:
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Rodney Williams - Director
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Signed By:
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Imani Moody - 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 Hasani Council Moved, Member Josephine Garcia seconded to approve the Original motion 'NOW THEREFORE BE IT RESOLVED, that the Newark Board of Education hereby authorizes and approves the receipt of the $325,000.00 disbursement from NEP representing payment/reimbursement for Project Development Costs.
BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the payment of $240,000.00 from the NEP disbursement to CHA for professional engineering services rendered as part of the ESIP.
BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the payment of $85,000.00 from the NEP disbursement to Wilentz, Goldman and Spitzer, PA, for legal services rendered in relation to the PPA.
EXPLANATION: To authorize the payment of monies for project development costs consisting of engineering and legal services that were rendered pursuant to an ESIP.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 9 Nay: 0. | | The motion Carried 9 - 0 | | | | | Josephine Garcia | Yes | | Flohisha Johnson | Yes | | Dawn Haynes | Yes | | Asia J. Norton | Yes | | Shayvonne Anderson | Yes | | A'Dorian Murray-Thomas | Yes | | Hasani Council | Yes | | Vereliz Santana | Yes | | Daniel Gonzalez | Yes | |
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