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HomeMy WebLinkAbout183-11 RESOLUTIONRESOLUTION NO. 183-11 A RESOLUTION APPROVING A PARTICIPATION AND UNSECURED LOAN AGREEMENT WITH THE BOTANICAL GARDEN OF THE OZARKS TO INSTALL TEN (10) LED LIGHTS AND POLES IN THE AMOUNT OF $34,911.38 AS PART OF THE CITY OF FAYETTEVILLE COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a participation and unsecured loan agreement with the Botanical Garden of the Ozarks in the amount of $34,911.38 as part of the City of Fayetteville Community Revolving Loan Fund for Energy Efficiency. PASSED and APPROVED this 18th day of October, 2011. APPROVED: B 0 ' ELD JO r P A ► , Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer i?AS°Jo X141 G i ONe�Ga``e. John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/18/2011 City Council Meeting Date Agenda Items Only Division Action Required: Sustainability & Strategic Planning Department A resolution to approve an agreement with the Botanical Garden of the Ozarks to install ten (10) LED lights and poles in the amount of $34,911.38 through the Community Revolving Loan Fund. The project will light the garden area and allow for expanded hours at BGO. The project is funded by the Energy Efficiency and Conservation Block Grant. 34, 911.38 Cost of this request 2210. `010 .. 3`{z- . Si Account Number 09011.0020 Project Number Budgeted Item 220,000.00 Category / Project Budget 16, 866.36 Energy Block Grant Program Category / Project Name Energy Block Grant Funds Used to Date Program / Project Category Name $ 203,133.64 Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached Depart ctor 9/4 Date W519/( orney Date '4)0A Q . 9 -36 -2®r Finance and Internal Services Director Date M _ yor 0 -1I Date 1/ Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Cit9-30-1 1 P02:22 RCVD Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8272 TO: Lioneld Jordan, Mayor FROM:_. -----John Coleman, Director of Sustainability & Strategic Planning y-- Thru: Don Marr, Chief of Staff DATE: September 30, 2011 SUBJECT: Community Revolving Loan Fund — Botanical Garden of the Ozarks Description Using funds from the Energy Efficiency and Conservation Block Grant as part of the American Recovery and Reinvestment Act (ARRA), the City has allocated $220,000 to create the Community Revolving Loan Fund. This Fund provides low interest loans to non- profits to perform energy efficiency and renewable energy improvements for which they payback using the energy savings. The purpose of this resolution is to approve an agreement in the amount of $34,911.38 with the Botanical Garden of the Ozarks. Through this agreement the City will pay for energy efficient lighting and set a schedule for repayment. The scope of work includes ten (10) LED light fixtures and poles to light the garden area utilizing Resolution 102-10 with Premier Lighting Group. The scope also includes electrical wiring and installation of lights through an annual service contract with King Electrical Contractors. Budget Impact The $34,911.38 cost of the project will be paid for by Energy Efficiency and Conservation Block Grant funding as obtained by the City of Fayetteville in September 2009. RESOLUTION NO. A RESOLUTION APPROVING A PARTICIPATION AND UNSECURED LOAN AGREEMENT WITH THE BOTANICAL GARDEN OF THE OZARKS TO INSTALL TEN (10) LED LIGHTS AND POLES IN THE AMOUNT OF $34,911.38 AS PART OF THE CITY OF FAYETTEVILLE COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a participation and unsecured loan agreement with the Botanical Garden of the Ozarks in the amount of $34,911.38 as part of the City of Fayetteville Community Revolving Loan Fund for Energy Efficiency. PASSED and APPROVED this 18th day of October, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY PARTICIPATION AND UNSECURED LOAN AGREEMENT 5�,c-0r , 20 `i , by and between the City of Fayetteville, Arkansas, an Arkansas municipal corporation with its principal offices at 113 W. Mountain Street, Fayetteville, Arkansas 72701 ("City"), and tadit cJe OrtLo2 an Arkansas (corporation/limited liability company with its �( principal offices at -7b.I��t�`#i•Gr-vim Rel ' 1k I 7a74 ("Borrower"), herein collectively referred to as �h.e "parties". THIS AGREEMENT, made and entered this day of IN CONSIDERATION OF THE MUTUAL OBLIGATIONS AND COVENANTS CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Borrower agrees to participate in the City's Community Revolving Loan Fund for Energy Efficiency ("fund") for the provision of energy efficiency upgracles to real estate located at 4L g e5f" %'1 Qe..,rcl5r-v►'`+ k Oa ca,,, ("property") pursuant to its approved application and description of work which are incorporated into this Agreement as Exhibit 1. 2. Borrower covenants that it is financially sound, and has not, within the past ten (10) years, filed for bankruptcy protection under Title 11 of the United States Code, and has no plans to do so. 3. Borrower agrees that the provision of energy efficiency upgrades to the property by the City is made pursuant a fund program established by the City and funded by a federal grant. Usage of said fund is governed by local, state and federal law and regulations, as well as conditions in the City's grant agreement with the federal government. Borrower agrees that it will, in all ways, comply with any and all requirements imposed as a condition of the grant, or as otherwise required by law. 4. Borrower agrees to pay to the City the costs incurred by the City for energy efficiency upgrades to the property, and further agrees to execute a promissory note, payable to the City of Fayetteville, upon completion of the work, in the full amount of the costs of the upgrades performed on the property. 5. City agrees to procure and effectuate energy efficiency upgrades for the property pursuant to the approved application and description of work incorporated as Exhibit 1, 1 and agrees to accept a promissory note from Borrower in an amount equal to the cost of all energy efficiency improvements performed by the City and/or its contractors or agents on the property. 6. Default. The occurrence of any of the following shall constitute default under this Agreement: (c) (d) (e) Borrower's failure to pay the City the costs incurred by the City for energy efficiency upgrades to the property; Borrower's failure to execute a promissory note payable to the City in the total amount of the cost of the energy efficiency upgrades to the property; Borrower's failure to observe, perform, or comply with any non -monetary conditions or covenants of this Agreement, including failure to abide by applicable local, state or federal law, or applicable federal grant requirements of the City, or any other condition of the fund; Any change in the status of the Borrower as an Arkansas corporation or limited liability company authorized to do business in the State of Arkansas; Borrower's failure or Borrower's protection under Code. Any sale, pledge, assignment, transfer or hypothecation of the property in any manner without the City's prior written consent; Borrower's failure to comply with any requirement relating to its corporate status or qualification; and Borrower's failure to comply with any condition, requirement or purpose of the City's fund, as created and authorized pursuant to federal grant funding provided pursuant to the American Recovery and Reinvestment Act of 2009 and applicable federal regulations. to pay any debt when due filing for bankruptcy Title 11, United States 7. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. 2 8. This Agreement and all other documents, including the promissory note to be executed by Borrower, shall be governed by the laws of the State of Arkansas. No change, modification or waiver of any provision thereof shall be valid unless in writing, and signed by the party to be charged. The parties hereby agree that the forum for any and all legal disputes arising regarding this Agreement shall be in the Circuit Court of Washington County, Arkansas, with Arkansas law to apply. 9. Indemnification. Borrower shall indemnify City and its officers, employees, and agents and defend and hold each harmless from and against all claims, injury, damage, loss and liability, cost and expense (including attorneys' fees, costs, and expenses) of any and every kind to any persons or property by reason of (i) the work procured by this Agreement or the operation or maintenance of the property, (ii) any construction on or about the property, (iii) any environmental matters or hazardous materials located on or about the property, (iv) any Default, as defined herein, or (v) any other matter arising in connection with the loan, Borrower, the property or the work procured by this Agreement as a whole. 10. Insurance. Borrower shall at all times maintain liability insurance on the property. 11. All notices, requests, demands, consents, waivers and other communications given under any of the provisions of this Agreement shall be in writing and shall be delivered by first- class U.S. Mail, addressed as stated below or to such other address as the addressee may have specified in a notice duly given to the other addresses. To City: City of Fayetteville Office of Mayor 113 W. Mountain Fayetteville, AR 72701 � v Vt>x 1 e14tI7 -Pa- 72:7153 To Borrower: 12. Severability. If any provision of this Agreement shall, for any reason, be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability 3 shall not affect any other provision of the Agreement, the Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein. 13. No delay or failure on the part of the City in exercising any rights under this Agreement, or the promissory note to be executed pursuant hereto, and no partial or single exercise thereof, shall constitute a waiver of such rights or of any other rights under the Agreement or promissory note. 14. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City, Borrower will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101, et seq.) . Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its duly -authorized representative as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS, An Arkans._ Munici• Corporation By : 4>,......°,°,....6";,',,;, K/TR , Ma • r �.:".‘_..,°0‘ OF•®� Attest:6440t1.. /you,, ® v ®FAYETTEVILLE 9s. • 9,QK67°.ANSP. 2 f3of lki e4 G a at of -ft.,.. O z.c� ks iv .c.. An Arkansas corporation/limited liability company City Clerk Treasurer By: Name Authorized Agent 4 COMMUNITY REVOLVING LOAN FUND FOR ENERGY EFFICIENCY UNSECURED NOTE $34,9( -- 3 -,9((. 3E> .G day of ; 9AtIr elr , 20 11 FAYETTEVILLE, ARKANSAS FOR VALUE RECEIVED, the undersigned (the :`Borrower") :promi4es to pay to the order of THE CITY OF FAYETTEVILLE, ARKANSAS ("Payee"), the principal sum of 43f-nj.i."113 ($.3.4W100316). ` Provided that no event of default exists hereunder, this Promissory Note shall bear interest from the date of this Promissory Note at the rate of ONE percent (1 %) per annum. In the event of a default hereunder, this Promissory Note shall bear interest at the maximum rate of interest allowable under the laws of the state of Arkansas. This., Promissory Note shall become due and payable, as follows: Principal and interest shall. be due and payable in ( 56 ) consecutive monthly/quarterly (select one) installments of " $ 16$1.5'( each. The first such installment shall be due and payable on 734INN (0140a. and each successive monthly installment shall be due and payable on the first day of each calendar month thereafter until this -Promissory Note is paid in full. All payments shall be applied first "to interest and the balance to principal. The Borrower. .andLany:;maker, endorsers, sureties, guarantors, and all other persons now or hereafter liable hereon waive presentment, demand for payment, protest and notice of dishonor, and the endorsers, sureties, and guarantors consent that the Payee or holder hereof shall have the right, without notice, to deal in any way at any time with any party hereto or to grant to any such'party any extensions of time for payment of any of said indebtedness or any other indulgences or forbearances whatever without in any way affecting the personal liability of any party hereunder. If at any time any payment under this Promissory Note becomes more than sixty (60) days past due, the Payee or holder of this Promissory Note shall have the right and option to declare the entire unpaid balance of principal and interest due and owing hereunder to be immediately due and payable. If this obligation, after default, is placed in the hands of an attorney for collection, the Borrower will be obligated to pay the Payee or the holder hereof an additional sum as an attorney's fee, not_ to exceed ten percent (10%) of the unpaid principal plus all accrued interest together with all costs and expenses of collection. Any notices required to be given hereunder shall be deemed effective if made to the following addresses: If to Payee: 1 CITY OF FAYETTEVILLE, ARKANSAS OFFICE OF MAYOR 113 W. MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 If to Borrower: Any party to this •Promissory Note may dlanie their respective address for notice by the giving of written notice to each party. The loan evidenced by this Promissory Note was negotiated and consummated in the state of Arkansas and it is understood and agreed that the legality, enforceability, and construction hereof shall be governed by Arkansas law, and to the extent applicable, by the laws of the United States of America. This Promissory.. Note can bepre-paid in whole or in part at any time without penalty. BORROWER:. &slntni�al 611-clerit Sodelld of t4ir2 csrloas By: AUTHORIZE iTth 2 BGO LEDs 1 message Mikel Lolley <mikel.lolley@gmail.com> John Coleman <jcoleman@ci.fayetteville.ar.us> To: Mikel Lolley <mikel.lolley@gmail.com> Cost for poles & LEDs = $19,042.28 Fri, Sep 23, 2011 at 11:12 AM KING ELECTRICAL CONTRACTORS 2145 W MOORE LANE FAYETTEVILLE AR 72701 479-443-0006 FAX 479-443-1719 Email Chris@ckingelectric.net PROPOSAL TO: City of Fayetteville PHONE DATE 9-19-11 JOB NAME Botanical Garden Pole Lights and Bollards JOB DESCRIPTION Furnish and install wiring for 10 pole lights and 0 bollard lights. Includes ditch by walk behind trencher, 5 - bores under obstacles, conduit, wire, pole bases, breakers. Lights to be fed from existing breaker boxes, lights to be turned on and off by breakers. Does not include light poles, fixtures or lamps. Does not include removing plants for ditch digging, replace plants, sod, seeding or maintaining trench backfill. Botanical garden will be responsible for clearing area for trencher, pole bases, equipment paths, and restoring areas of construction back to original. Contractors License #0063870412 PROPOSAL GOOD FOR 30 DAYS DOLLARS: Base Bid $15,869.10 TERMS: PAYMENT DUE UPON RECEIPT OF INVOICE A FINANCE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS OF .0833% PER MONTH. ALL ATTORNEY FEES WILL BE COLLECTED ON PAST DUE ACCOUNTS. AUTHORIZED SIGNATURE THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. ACCEPTANCE SIGNATURE Proposal King Electrical Contractors 2145 W Moore Lane Fayetteville AR 72704 479-443-0006 Fax 479-443-1719 email Chris@ckingelectric.net uity OT rayetteviiie Attn: Date 9/21/2011 Job Name: Fayetteville Botanical Gardens LED lighting Descriptior Botanical Gardens 10 Poles and 0 Bollards Material $7,713.00 Tax $713.45 Total $8,426.45 MU 10% $842.65 Grand Total Material $9,269.10 Labor $30.00 Hours 120.00 $3,600.00 Labor $25.00 Hours 120.00 $3,000.00 Grand Total Material and Labor $15,869.10 RESOLUTION NO. 102-10 A RESOLUTION AWARDING BID #10-36 AND APPROVING THE PURCHASE OF THIRTY-TWO (32) LED LIGHT FIXTURES AND POLES IN THE AMOUNT OF $60,935.28 FROM DYNAMIC LIGHTING SOLUTIONS FOR INSTALLATION AS PART OF THE BLOCK STREET IIVIPROVEMEN T PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #10-36 and approves the purchase of thirty-two (32) LED light fixtures and poles in the amount of $60,935.28 from Dynamic Lighting Solutions for installation as part of the Block Street Improvement Project. PASSED and APPROVED this 15th day of June, 2010. APPROVED: By:• `Tb "LDJO Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer COMMUNITY REVOLVING LOAN. FUND FOR ENERGY EFFICIENCY PARTICIPATION AND UNSECURED LOAN AGREEMENT THIS AGREEMENT, made and entered this day of , 20 , by and betw'en the City of Fayetteville, Arka.sas, an Arkansas municipa / corporation with its principal offic-s at 113 W. Mountain St eet, Fayetteville, Arkansas 72701 ("Cit "), and an Arkansas (corpora on/limited liability company) with its principal offices at ("Borrower"), herein col`,-ctively referred o as the "parties". IN CONSIDERATION OF CONTAINED HEREIN, AND OTHER PARTIES HEREBY AGREE AS FOLLO HE MUTUAL OB GATIONS AND COVENANTS OOD AND V ABLE CONSIDERATION, THE S: 1. Borrower agrees to pa:ticip Revolving Loan Fund for Energ. Ef provision of energy efficiency u at a e in the City's Community iciency ("fund") for the r., des to real estate located ("property") pursuant to its approved application and d incorporated into this Agreement a 2. Borrower covenants tha not, within the past ten (1 protection under Title 11 of t plans to do so. 3. Borrower agrees efficiency upgrades to the a fund program established grant. Usage of said federal law and regulati grant agreement with t that it will, in all w imposed as a condition law. cription of work which are E . ibit 1. it years e United i. financially sound, has filed for bankruptcy tates Code, and has no that the pro roperty by the Ci by the City and fu nd is governed by 1 s, as well as condition e federal government. Bo ys, comply with any and all of the grant, or as otherwise ision of energy is made pursuant ded by a federal cal, state and in the City's rower agrees equirements equired by 4. Borrower grees to pay to the City the costs ncurred by the City for e ergy efficiency upgrades to the property, and further agrees to execute a promissory note, payable to the City of Fayetteville, upon completion of the work, in the full amount of the costs of the upgrades performed on the property. 5. City agrees to procure and effectuate energy efficiency upgrades for the property pursuant to the approved application and description of work incorporated as Exhibit 1, 1 and agrees to accept a promissory note from Borrower in an amount equal to the cost of all energy efficiency improvements performed by the City and/or its contractors or agens on the property. 6. Default. The occurrence of any of the folowing shall constitute default under this Agreement: (a) Borrower's failure to pay they City the costs incurred by the City for energy efficiency upgrades to the property; (b) Borrowers failure to ex,cute a promissory note payable to the City/in the total amount of the cost of the/ energy efficiency upgrades to the property; (c) Borrower's failure to' observe, perform, or comply with any nonmonetary conditions or covenants of this Agreement, including failure to abipe b/y applicable local, state or federal law, 9/1. applicable federal grant requirements of the City, or any other condition of th und; (d) Any change in he tatus of the Borrower as an Arkansas corpora ion or limited liability company aut.orized \,o do business in the State of Ar ansas; (e) Borrower's failure to pay any debt when due or Borrower's filing for bankruptcy protection under Title, 11, United States Code. (f) Any s.: le, pledge, assigtm nt, transfer or hypot ecation of the property in any manner wit out the City's prior writ en consent; (g) Bor ower's failure to comp y with any r-.uirement relating to its corporate status o qualification; and (h) :orrower's failure to compl7 with any condition, requirement or purp\os: of the City's fund, as created and \authorized pursuant to federal grant funding provided pursuant to the American Recovery and Reinvestment Act of 2009 and applicable federal regulations. 7. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. 2 8. This Agreement and all other documents, including the promissory note to be executed by Borrower, shall .e governed by the laws of the State of Arkansas. No change, m.-dification or waiver of any provision thereof shall be va id unless in writing, and sig' -d by the party to be charge.. The parties hereby agree that the forum for any and all legal disputes arising regarding t s Agreement shall be in e Circuit Court of Washington County, rkansas, with Arkansas law to apply. 9. Indemnificati its officers, employees, harmless from and agains liability, cost and expen and expenses) of any and by reason of (i) the work operation or maintenance of on or about the property, hazardous materials located Default, as defined herein, connection with the loan, Borrowe procured by this Agreement as a whol n. Borrower shall and agents and d all claims, inju e (including at ery kind to a rocured by t propert (ii ) any on .r abo or a ndemnify City and fend and hold each y, damage, loss and orneys' fees, costs, y persons or property this Agreement or the , (ii) any construction nvironmental matters or t the property, (iv) any y other matter arising in ,/ the property or the work 10. Insurance. Borrower Asha liability insurance on the property. demands, r any of and shall b s stated belo y have specifie 11. All notices, requests other communications given and Agreement shall be in writing class U.S. Mail, addressed address as the addressee m given to the other addresse To City: To Borrower: at all times maintain consents, waivers and e provisions of this delivered by first - or to such other in a notice duly City off Fayetteville Office of Mayor 113 ,W. Mountain Fayetteville, AR 72701 12. Severability. If any provision of this Agreement shall, for any reason, be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability 3 shall not affect any other provision of the Agreement, the Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained h-'ein. 13. No delay or failure on the part •f the City in exercising any rights under this Agreement, o the promissory note to be executed p suant hereto, and no •artial or single exercise thereof, shall onstitute a waiver osuch rights or of any other rights under th- Agreement or prom sory note. 14. Freedom of In ormation Act. City contracts and documents prepared while p=rforming cit, contractual work are subject to the Arkansas Fr-edom of formation Act. If a Freedom of Information Act r -quest is presented to the City, Borrower will do everything pos ible to provide the documents in a prompt and timely manner as p-scri•ed in the Arkansas Freedom of Information Act (Ark. Code An.. -. 25-19-101, et seq.). Only legally authorized photo copying .•sts pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, each/ party hereto has caused this Agreement to be executed by yts duly -authorized representative as of the day and year first above writte CITY OF FAYETTEVILLE, ARKAN AS, An Arkansas Municipal Corp ration By: Mayor Attest: City Clerk/Treasurer; i , An Arkansas cor'oration/limited liability company /131 By: Name Authorized gent 4