Review Agenda Item
Meeting Date: 10/28/2021 - 6:00 PM
Category: Finance and Operations
Type: Action
Subject: 11.15 Resolution to Accept Energy Savings Program Monies for Roof Repairs
and to Increase a Corresponding Roof Contract by an Equal Amount
Strategic Plans:
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.
Enclosure
File Attachment:
Summary: WHEREAS, a resolution was passed on January 28, 2021 to award contract 9146, to Johnson Controls, Inc. (“JCI”) an energy service company, to develop and implement an Energy Savings Plan (“ESP”) through an Energy Savings Improvement Plan (“ESIP”); and

WHEREAS, Pursuant to the ESP developed by JCI, a resolution was passed on May 27, 2021 awarding a contract to JCI to provide and install Energy Conservation Measures (“ECMs”) at various school sites, services which included the repair of school roofs in preparation for the installation of ECMs, at a cost of approximately $100,000,000.00; and

WHEREAS, also pursuant to the ESP, a resolution was passed on May 4, 2021 to award contract 9287 to National Energy Partners (“NEP”) to provide solar generated electricity under a Power Purchase Agreement (“PPA”) through the construction of solar energy systems at 51 school locations; and

WHEREAS, as part of NEP’s proposal for contract 9287, NEP committed to contributing five million dollars ($5,000.000.00) for roof repair and/or the re-installation of roofs at one or more of the solar energy systems sites upon the execution of the PPA; and

WHEREAS, since the award of contract 9287, PPAs were executed between the Board and NEP for 51 individual school locations; and

WHEREAS, since NEP is ready to release the five million dollars to the Board, the parties drafted a letter agreement to formally confirm NEP’s obligation to contribute and pay the five million dollars to the Board for repairs and/or re-installation of roofs at one or more of the solar energy systems sites; and

WHEREAS, upon receipt of the five million dollars, JCI’s ECM contract which includes the repair of roofs, is to be increased by five million dollars so that NEP’s contribution can be directly allocated for roof repairs;

WHEREAS, the recommendation to accept the five million dollars, to execute the letter agreement and to increase the JCI contract by the same corresponding amount was reviewed and approved by Rodney L. Williams, Director of Energy & Sustainability.
Funding :
Recommendation to the Board: NOW THEREFORE BE IT RESOLVED, that the Newark Board of Education hereby authorizes and approves the receipt of five million dollars ($5,000,000.00) from NEP for roof repair as part of contract 9287.

BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the execution of the letter agreement which formally confirms NEP’s five million dollar contribution to the Board for roof repairs.

BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes the increase of the JCI contract for ECMs for an additional five million dollars ($5,000,000.00) representing the monies received from NEP for roof repairs.

EXPLANATION: To authorize the receipt of monies for roof repairs, the execution of a letter agreement and to increase the roofing vendor’s contract accordingly.
Approvals:
Recommended By:
Signed By:
Rodney Williams - Director
Signed By:
Imani Moody - Assistant Business Administrator
Signed By:
Valerie Wilson - School Business Administrator
Signed By:
Roger León - Superintendent
Vote Results:

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 five million dollars ($5,000,000.00) from NEP for roof repair as part of contract 9287.

BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes and approves the execution of the letter agreement which formally confirms NEP’s five million dollar contribution to the Board for roof repairs.

BE IT FURTHER RESOLVED, that the Newark Board of Education hereby also authorizes the increase of the JCI contract for ECMs for an additional five million dollars ($5,000,000.00) representing the monies received from NEP for roof repairs.

EXPLANATION: To authorize the receipt of monies for roof repairs, the execution of a letter agreement and to increase the roofing vendor’s contract accordingly.'. 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