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Home My WebLink About57-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 57-18 File Number: 2018-0094 SOUTHWESTERN ELECTRIC POWER COMPANY AGREEMENT: A RESOLUTION TO APPROVE AN AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PARTICIPATE IN AN ENERGY EFFICIENCY REBATE PROGRAM AND ACCEPT AN INCENTIVE REBATE IN THE AMOUNT OF $14,664.60, AND TO APPROVE A BUDGET ADJUSTMENT 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 an agreement with Southwestern Electric Power Company to participate in an energy efficiency rebate program and accept an incentive rebate in the amount of $14,664.60. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution and made a part hereof. PASSED and APPROVED on 2/20/2018 Attest: f 4 Sondra E. Smith, City Clerk Treasurer �drtt�irrrrrrta 4„ 4 �Jyy • Y�� `^! ox. p'�.� A: `ya 17LV1•' x' ~ F F @ N :,ref AA Nr') /�iltflfki�,l Page 1 Printed on 2121118 City of Fayetteville, Arkansas 113 West Mountain Street ryr Fayetteville. AR 72701 , (479) 575-8323 Q . {' Text File File Number: 2018-0094 Agenda Date: 2/20/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 5 SOUTHWESTERN ELECTRIC POWER COMPANY AGREEMENT: A RESOLUTION TO APPROVE AN AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY TO PARTICIPATE IN AN ENERGY EFFICIENCY REBATE PROGRAM AND ACCEPT AN INCENTIVE REBATE IN THE AMOUNT OF $14,664.60, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1T That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Southwestern Electric Power Company to participate in an energy efficiency rebate program and accept an incentive rebate in the amount of $14,664.60. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 2/21/2018 Matt Mihalevich City of Fayetteville Staff Review Form 20180094 Legistar File ID 2/20/2018 City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item 2/2/2018 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with the Southwestern Electric Power Company to accept an incentive rebate in the amount of $14,664.60 for energy savings generated from the use of LED lighting on the Mud Creek Trail Lighting project and a budget adjustment recognizing the revenue. Budget Impact: 4470.800.8830-5814.05 Account Number 15017 Project Number Sales Tax Cap Imp Fund Mud Creek Trail Lighting Project Title Budgeted Item? Yes Current Budget $ 857,020.00 Funds Obligated $ 852,533.00 Current Balance $ 4,487.00 Does item have a cost? No Item Cost $ Budget Adjustment Attached? Yes Budget Adjustment $ 14,665.00 Remaining Budget $ 19,152.00 Previous Ordinance or Resolution # V20140710 Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 20TH, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: February 1s', 2018 SUBJECT: 2018-0094 Mud Creek Trail Lighting Rebate CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval of a contract with the Southwestern Electric Power Company to accept an incentive rebate in the amount of $14,664.60 for energy savings generated from the use of LED lighting on the Mud Creek Trail Lighting project and a budget adjustment recognizing the revenue. BACKGROUND: Based on strong citizen support for lighting of the Mud Creek Trail, a capital improvement project was established in the 2015 with a budget of $250,000 allocated. In 2016, the City was awarded an 80/20 Transportation Alternatives Grant in the amount of $500,000. The grant funding has allowed the scope of the lighting project to include all of Mud Creek Trail as well as the northern portion of the Razorback Greenway for 3.4 miles of new trail lighting. The installation of the new trail lighting along the Mud Creek Trail and Razorback Greenway is well under way with estimated completion in the Spring of 2018. DISCUSSION: The lighting project includes 178 LED trail lights that due to their efficiency are eligible for this rebate through the Southwestern Electric Power Company (SWEPCO) through their Commercial & Industrial Energy Efficiency Program (CIEEP). The Sustainability & Resilience Department was familiar with the rebate program and completed the successful application for the funding. BUDGET/STAFF IMPACT: The rebate funding in the amount of $14,664.60 is planned to be used to include approximately 6 additional lights along the Clabber Creek Trail extension from the Razorback Greenway to Gregg Ave. Attachments: Mud Creek Trail Lighting Map Southwest Electric Power Company - (CIEEP) Contract Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 E � Fayetteville Vicinity Map _ x y 7 - �� 0 H`c/CyT`S�v0 � O to /p44/ 3y Mud Creek Trail OPRIVATE 4245 EPHERD LN -- > - JANE CIRCLE DR GEORGETOWNE SQUARE DRQLLJ _ m YVONNE DR { J = Y g Trail Lighting Project MARY DR UpTow Apart ents +S 370 U its f/fir Appro ed Q�� >, a (E S rail Q) Waterma Noodle ud by N z CO A artment w m (�LU3115 Units N x` �� . RAINFORw v~ Approved Oad Cre z > z Courtyard O L" O _ VAN y+ _ Ma. riot � v 01 Olive Panera Bread * PRIVATE 1 FARGO RD Garden SAIN ST Target ati Butterfield Trail Senior Village ¢pR> FULBRIGH TF�Ag�' OV OOQ w Q Op Y PRIVP FR�'NPgS .9T DS B O + p F� O VC Shy }' { i i r z J rhrr 1Ci ,,"`c l ¢ 2eS cn _ nt v SWALLOW ClR.. , �Q J 50 m � ff w hti� �� EX�i 150 O� BROOKHA�VEN DR FU TR ALS � O Z w ELAINE AVE J Legend w Q LONGVIEW ST 1 kk!Cr KENRAYg Existing Shared -Use Paved Trail z a o Proposed Trail Lighting - 3.4 Mile = ry: Existing Trail Lighting - 8 Miles Fayetteville Standard LED Trail Light m — - FARMt N— '(�� i;`�0 250 500 1,000 1,500 2,000 gRazorback Regional Greenway and Mud Creek Trail Lighting . ,• vl Feet Fulbright Expressway to Old Missouri Road - 3.4 Miles = �_ SOUrHWiSTERN Commercial & Industrial Energy Efficiency ELEClRIC POWER Program ("CIEEP") COMPANY :, AXP Project Application Section 1: General Information �:,customer Information Application Date. 01/19/2017 SWEPCo Acct. No.: Multiple Accounts Company/Customer Name: City of Fayetteville Mailing Address: 113 W. Mountain St. City: Fayetteville State: AR Zip: 72701 Customer Tax ID No. 71-6018462 Tax Exempt? (Y/N) ISI Contact First Name: Lloneld Last Name: Jordan Primary Phone: (479) 575-8330 Secondary Phone: E-mail Address: mayor@fayetteville-ar.gov Project Site Address: Mud Creek Trail (Gregg Ave. to Old Missouri Rd.) City: Fayetteville State: AR Zip: . - Official Project Name: Mud Creek Trail Lighting Project Type: PNew Construction Retrofit Has project changed from the ®Yes ONo If yes, provide details of change: initial application? What are the estimated installation start and completion dates: Start Date: 01/01/2018 1Completion Date: 05/01/2018 Project Sponsor Name: City of Fayetteville Mailing Address: 113 W. Mountain St. City: = FayettevilleState: AR zip: 72701 Project Sponsor Tax ID No.* Tax Exempt? (Y/N) N *Required only if Customer assigns incentive payment to Project Sponsor using Customer Acknowledgment Form. Page 1 of 9 "UTiM WE TERN rEiiEC�'iRiC C!?AF�fVI 1� A, AEP r _VWJY Is the installation being conducted by in-house staff or by a Contractor? FlIn-House Staff ! V Contractor If a Contractor is used, provide the following information.- Company nformation:Company Name: A&A Service Electric, Inc Contact First Name: Alex Last Name. Guajardo Mailing Address: 11420 Jack Duncan Rd. City: Cabot State. -AR zip: 72023 Primary Phone: 501-529-10891 Secondary Phone.- E-mail hone: E-mail Address: alexguaj@aol.com Customer Name: City of Fayetteville Energy Advisor: Max Light Project Name: Mud Creek Trail Lighting Project ID: CIEEP-34789a Measure Description NC Lighting (LED) - Estimated Estimated Savings kW kWh 0 104,747 Incentive Rate $/kW $/kWh 014 Total Incentive Reserved" Estimated Incentive $14.66460 $14,664.60 utar ,,,ccirtrotrs rNuserveu is uasea on esrnmarea savings. itie actual incentive amount will be based on verified savings. The total incentives paid cannot exceed the amount notes) in this section. The Arkansas Technical Reference Manual establishes the kWh savings that utilities may attribute to energy efficiency measures. Adjustments to this Manual may cause a change in the estimated incentive amounts. SWEPCO will make the final determination of the energy savings and thus the actual incentive amount to be paid. Page 2 of 9 SLOEUC vE rl t ELEC'iR11C COMM d i' Section 2: Program Agreement This Commercial and Industrial Energy Efficiency Program Agreement (the "Agreement") is made and entered into by and between SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation (hereinafter "SWEPCO"), and city of Fayetteville — (hereinafter "Project Sponsor"), (SWEPCO and Project Sponsor each hereinafter referred to as a "Party" and together as the "Parties"). ARTICLE I – TERM AND TERMINATION The term of this Agreement shall commence on the date of execution by SWEPCO (the "Effective Date") and, unless otherwise terminated as set forth herein, shall continue in force and effect until payment by SWEPCO of the Performance Payment due pursuant to the CIEEP Program Manual, or until eighteen (18) months following the Effective Date, whichever occurs first. ARTICLE II – COMPLIANCE WITH CIEEP PROGRAM MANUAL 2.1 By executing this Agreement, Project Sponsor acknowledges that it received a copy of the CIEEP Program Manual prior to submission of its Project Application. The latest revision of the CIEEP Program Manual is available for download at: http._iJ%_v_ww.swepcogrridsmart.comlarkansaslcommercial-industrial-overview. h Project Sponsor represents and affirms that its participation in the CIEEP has at all times been in compliance with the procedures and conditions set forth in the CIEEP Program Manual and that any failure to comply therewith may be treated as a breach of this Agreement notwithstanding the fact that such failure occurred prior to the execution of this Agreement. Project Sponsor also acknowledges that it meets or exceeds all of the qualifications required to participate in the CIEEP as described in the CIEEP Program Manual and that failure to meet the qualifications therein may be treated as a breach of this Agreement. 2.2 Procedures or conditions set forth in the CIEEP Program Manual may only be waived or modified by written agreement of both Parties. Any such agreement shall be attached hereto and incorporated herein for all purposes. ARTICLE III – PROJECT IMPLEMENTATION 3.1 Measures shall be designed, constructed and installed in a good and workmanlike manner only with materials and equipment of appropriate quality, and, in any event, in accordance with Prudent Electrical Practices, 3.2 Within fifteen (15) business days of completing installation of Measures at a Project Site, Project Sponsor shall so notify SWEPCO. Within thirty (30) business days of receipt of the notification, SWEPCO may complete an inspection of all or some of the Measure installations at the Project Site. This inspection shall be used to determine whether the Measures were installed and are capable of performing their intended function of producing Energy Savings. This inspection shall not include evaluations of workplace safety or compliance with codes or laws. Approval shall be granted if SWEPCO reasonably determines that the Measures at the Project Site have been installed, tested and inspected to the extent required by SWEPCO and found to be capable of providing Energy Savings in material compliance with the submitted project documents. If Measures are rejected, Page 3 of 9 sc�rt�iUSNI sdErra�Wl�I�COMPA AEP SWEPCO will set forth the written reasons for such rejection and Project Sponsor may attempt to remedy the deficiencies. If any Measure is rejected a second time, SWEPCO will consider it a material breach of this Agreement and will not pay any incentive for such Measure. The Estimated Savings attributable to the Measures documented in the final inspection will be used for purposes of calculating the Installation Payment, 3.3 Project Sponsor acknowledges that any review, inspection, or acceptance by SWEPCO of any Project Site or of the design, construction, installation, operation and maintenance of the Measures is solely for the information of SWEPCO. In performing any such inspection or review or in accepting the Measures, SWEPCO makes no representation or warranty whatsoever as to the economic or technical feasibility, capability, safety or reliability of the Measures, their installation by Project Sponsor or their compatibility with the Customer's facilities. 3.4 The execution of this Agreement reserves incentive funds for the Project detailed herein for ninety (90) days. After 90 days, the funds reserved for this Project may be released. A request to waive the 90 day requirement must be submitted in writing. SWEPCO will review said requests and may grant a reprieve for extenuating circumstances. ARTICLE IV - AUDIT AND RECORDS 4.1 Project Sponsor or its assignee shall keep and maintain accurate and detailed records and documentation relating to the Project and its associated Energy Savings under this Agreement for a period of not less than three (3) years beyond the termination of this Agreement. During the retention period, such records shall be made available, upon reasonable notice, for inspection during normal business hours by SWEPCO or any governmental agency having jurisdiction over the CIEEP or any portion of the Project. 4.2 Project Sponsor understands that the Arkansas Public Service Commission ("APSC") may request or require an audit of the matters addressed in this Agreement or commence an investigation or other regulatory proceeding. Project Sponsor agrees to cooperate with any such process and make available detailed records and documentation relating to the Project, upon reasonable notice by SWEPCO or any governmental agency having jurisdiction over the CIEEP. ARTICLE V - INSURANCE Project Sponsor represents and agrees that it and its subcontractors will carry all statutorily required insurance for the protection of its employees and that each of its subcontractors will carry such insurance for the protection of their respective employees. ARTICLE VI -INDEMNITY i-y►+I 69-4 PRWECT SPONSOR SHALL IIN 3EM1 F'+', oEF if -AhIn 44OL4---HARML-E_;S, TO- THE FJJL -EST E#TEUT�PERMt•TTEC W -t.,4 ., S RSANDl� .TSS AFFIL--1ATE , AS T",zLL AS ITS RESPECTWE- E ;-�-FWEE , AGE4T,4R_ AAIB frI2 E€ -S --FR ANQB AlNST AL -L CLAIMS, L ! e 64 REASONABLE AST-TGR14E-YS! KES A90COSTS,ST�S�;^-+-AFrI 1144 OUT OFLAHNY TSAR-ry CLAIMS G,�A ^ -EJ-B1Y OR - CI ! �!#W AC 4}R �,mi ast�irvi� tYP T`i4 K •art-�-AlwY O€ -F ERn-A�-#T, 04�-MW;#04EE-OP4440J r,TZP"SORAN T44EE-REERFQRWlAWE-I,F4TS Page 4of9 SOUTHWESrERN ELECTRIC POWER COMPANY :... AEP OBUGAtTX�)NS ---UNDER TH--AGREE11A NT--fXQE,RT - TKAT . t�tlll�rl�a n earea zcnRn E��P: CUS~TWER- GRE—E-9,-T--REL€ASD- A14Y =tVIQUAL,—CQwoRAT PARTTNE IIR;-L4MITEQ LIAE4L4TY--G0MPAh.Y.- A.SSOCtATIOW, TFiI ►T, -Aid- Tf 8$IStNE�c ni�rne�a7nTinr.� E-CSL-Y--OR--Irur►io,��v--COI�T6�A�IAIOx CONTROLLED --BY-; 04'UNDER-COMMON CONTROI=-WITH.SWEPCO AND ITS AN94140R #*E.SRE-C44-VE MEA BE � PARTNER.% O�rmICFJZS, []4 MANAGER,%- :r.Ru9TEzS, INCORPOR Tg.:W��_AJTORNE4Sr- 1861 ;-rAm r SERVA>T-"-,--REPRE-SEWTATtV€-9-AN17----t„"'',... OYEES---FP�OfW AgY AND --ALL-_. AIIIAS, BEMANQ�,,--LO'SSE�� -d, er�� r-neTe nE�AL-�es�,-T1�--;ttioLr inih��^± r:a �r arra r LJAAITEQ-T-0-14INJURY 81MA7 H -OF PE IAISF 9F AANtAOE TO -P ER_W_2�-9AmAC E .T.J0 NATURAL= -RESOURCES, 3) VIOLATION OE ANY LOCAL, -STATE, -OR- FEQERAI= I= -A GR SAJ=ETY LAWS- OR IEGULAX40NS,4-STRICT -LIABILITY tMP EQ BY A4Y- -LAW OR REGULATION; 44 EQUIPMENT MALT NOTIONS; 61 Srz,R1 W -E -s PROVOED-19,CONmE-C-TIGN WIT#4-THM--AGREE- -lri-T-it--T-)- €-NII=AGY—SA-V KG& SHO RTFAL '�",.� 14 ---O , RELATED -TO,, OR IN ANYWAY C43N4NEGTE-0-W4 TM-TIDE-P-ROJECT-. THIS PROVISION -SHALL: NOT--APP4-Y-TO-CLA MSS-DEMN i %, LASES, DAMAGE-S-rCOSIS-AND _LEOAL-L4A8IL4TY-T4D T4=tE-E-4(T-E -GAUSE) �E " 4WGE-NCE---G"WEPCO IN THE CONDUCT OF SWEPCO'S ON SITE INSPECTION OF THE PROJECT SITE. 6.3 The representations, warranties, covenants, indemnities, and other obligations or protections provided by Project Sponsor pursuant to this Article VI shall not be limited by time and shall survive the completion of the Project or any other completion, expiration or termination of this Agreement - ARTICLE VII - PERMITS, LICENSES AND COMPLIANCE WITH LAWS 7.1 Project Sponsor shall be responsible for all royalties, fees, or claims for any licensed, copyrighted or similarly protected intellectual property, device, process or procedure used installed, or provided by it. Project Sponsor shall defend any suit that may be brought against SWEPCO and shall hold SWEPCO and any individual, corporation, partnership, limited liability company, association, trust, or other business organization of any kind directly or indirectly controlling, controlled by, or under common control with SWEPCO and its and their respective shareholders, members, partners, officers, directors, managers, trustees, incorporators, agents, attorneys, consultants, servants, representatives, and employees harmless from any liability or infringement of any such intellectual property used by Project Sponsor in the implementation of the Project. 7.2 All work performed by Project Sponsor in connection with the implementation of the Project and all Measures installed or maintained by Project Sponsor shall conform to all applicable laws, statutes, ordinances, rules, regulations, and decrees of any governmental or administrative body having jurisdiction over the CIEEP or any portion of the Project, including without limitation, the Occupational Safety and Health Administration ("OSHA") regulations, the National Electric Safety Code ("NESC"), the National Electric Code ("NEC") and Sections 11-5-301 through 11-5-309 of the Arkansas Code Annotated. Handling of hazardous waste must be in compliance with all applicable federal, state and local laws, rules and regulations. Page 5 of 9 FUTS'0ELECl nuwE�tfC PORAN'll� WMr ARTICLE VIII - LIMITATION OF LIABILITY 84SWEI2GAND -ANY-- iNDWIDUAL, CORPGRAT"f. 'BART EFS"Ipr- AM4ED- 1.�ABIt=1TX DIREJDTLL- Y -AR.-IND4; E-GTL—C- ! l NTRGL4.-D-W-,�---UNDER--COMMON CGNTRG Y IT14-SWEPCO-AND ITS AND THEIR R-ESEC-TIVE- SHAREHOLDER%-AAEEAAB€RS, PARTNERS, OFFICERS, DIRE-GTTOR.S, MANAGE4;t% TRUSTEE-,% INCORPORATORS, AGEN- ST ATTARNE-YS; G045AJ.L-TANT- , SECANTS, € EPRE-SENTATWE-% AND EMPLO-YEE-SSI=IALL .C+IOT BE-LIABL€ TO PROJEC-T SPONS4DR-4R--AIS ANY OS ES; OI TS, .Ifd#�IEI `►,L4ABIUTIES XFZ4-5 M -E54; (fi--,-ODMS -F-OR-- NCIDEN,TAL,---SPECIA1,-4NDRECT, RUNtTIVE- SBR- -CONSEQUENTIAL DAMAGE -94)r -ANY -NATURE CONI►IECTE414W4TK4DR-RESULT1NG-F4ROM NEGOTIATI-D(+�Ir--E-XECUTKMv- Co T _.OR-. _TE -TE ----OF- -TgtS AGR0---ME-NT-j RERFO-RMANGE ,,-OR-..-AI9N�ERF-ORMANCE--OF--4iY-._COMMt'T-ME-N-T-TQ -A CUSTGME-R-r-OR 4H) ANY AC -TS, - ONSSIONS,BR--f I2RESENTA-TIONS--MADE Y- l -C-T SRONSAR-44-C�CTUW-A FIT# :SAL � RFOI AAIAIC ANS-aTHER FUNCTION.% Mr-LUDINO,-WI THOUT-:.4MIT,kTION-,--CL-ANS-4N4RE-NAT I OF LOST -RE N1JE-Sj-INCOINIE GR.}2 E}Ttc= RPE4PE-r-TI �F-SAI4E-THEP, UG4-r-L-AIMSAFW4;A&E"J2- N. WARRANTY, NMOL-IGENCt ;QTR}GT-LIABIL,ITY� CONTRACT, QpERATIGN OP LAW -OR OT14ERWIS€-AND PROJECT -SPONSOR SHALL PROTECT, INDEMNIFY AND HOLD SWEPCO HARMLESS FROM SAME. ARTICLE IX - INDEPENDENT CONTRACTOR Project Sponsor will act as and be deemed to be an independent contractor, and nothing in this Agreement shall be construed to create the relationship of employer and employee, master and servant, principal and agent or joint ventures. Project Sponsor will be solely responsible for and have the sole right to control and directly supervise the method, manner and details of the Project providing it is in accordance with the submitted project documents. SWEPCO shall have no responsibility with respect to withholding, deductions or payment of any federal or state tax on behalf of Project Sponsor or any of Project Sponsor's employees. Project Sponsor agrees to pay and comply with and hold SWEPCO harmless from and against the payment of all contributions, taxes and premiums which may be payable by Project Sponsor under federal, state or local laws arising out of the performance of this Agreement and all other taxes of whatever nature levied or assessed against Project Sponsor arising out of this Agreement, including any interest or penalties, and Project Sponsor hereby waives any and all claims for additional compensation because of any increase in the aforementioned taxes. ARTICLE X - NOTICES 10.1 All notices from one Party to the other will be deemed to have been delivered if hand delivered or sent by United States mail to the following addresses: Page 6 of 9 SOUTHWESTERN ELECTRIC POWER COMPANY AA Southwestern Electric Power Company Name. Gregory Perkins Address: 101 W. Township Fayetteville, AR Phone: (479) 973-2435 Project Sponsor Name: City of Fayetteville Address: 113 W. Mountain St. Fayetteville, AR 72701 Phone: (479) 575-$330 E-mail: gaperkins@aep.com E-mail: mayor@fayetteville-ar.gov 10.2 Either Party may change its address by written notice to the other in accordance with this Article X. ARTICLE XI — AMENDMENT No amendment or modification of this Agreement shall be binding on either Party unless it is in writing and signed by both Parties. Amendments to this Agreement will be attached hereto and made a part hereof for all purposes. ARTICLE XII — NONDISCLOSURE 12.1 If either Party hereto provides confidential information to the other in writing and identified as such, the receiving Party shall protect the confidential information from disclosure to third parties. Neither Party shall be required to hold confidential any information which (i) becomes publicly available other than through the recipient; (ii) is required to be disclosed by a governmental or judicial order, rule or regulation; (iii) is independently developed by the receiving Party as evidenced by written records; or (iv) becomes available to the receiving Party without restriction from a third party These obligations shall survive expiration or termination of this Agreement. 12.2 Should any person or entity seek to legally compel a receiving Party (by oral questions, interrogations, requests for information or documents, subpoena, civil investigative demands, regulation, statute or otherwise) to disclose any confidential information, the receiving Party will provide the disclosing Party prompt written notice so that the disclosing Party may seek a protective order or other appropriate remedy (including participating in any proceeding to which the receiving Party is a party, which receiving Party will use its reasonable business and legal efforts to permit). If, in the absence of a protective order, the receiving Party is, in the opinion of its legal counsel, compelled to disclose the confidential information, the receiving Party may disclose only such of the confidential information to the person or entity compelling disclosure as is required by applicable law, order, regulation or rule. ARTICLE XIII — MISCELLANEOUS 13.1 Project Sponsor will not assign, transfer or otherwise dispose of any of its obligations or duties without the prior written approval of SWEPCO. No assignment of this Agreement shall relieve Project Sponsor of any of its obligations under this Agreement. When duly assigned in accordance with the Page 7 of 9 FE"L AN► i� A[P+ - foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. Any assignment or transfer made without the express written approval of SWEPCO will be null and void. No part of the work contemplated under this Agreement may be performed by subcontractors without the prior written approval of SWEPCO. 13,2 The submitted project documents constitute the entire Agreement between the Parties with respect to the subject matter hereof and there are no express or implied warranties or representations upon which any party may rely beyond those set forth therein. The execution of this Agreement supersedes all previous agreements, discussions, communications and correspondence with respect to such subject matter. 13.3 In the event any provision of this Agreement is held to be void, unlawful, or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 13.4 This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Arkansas excluding any conflict or choice of law rules that direct the application of the laws of another jurisdiction, irrespective of the place of execution or of the order in which the signature of the Parties hereto are affixed or of the place or places of performance. Except for matters and disputes with respect to which the APSC is the sole proper venue for dispute resolution pursuant to applicable law or this Agreement, the Parties agree that the proper venue and jurisdiction for any cause of action relating to the Agreement will be in the county of Arkansas where the project was completed and the Parties hereto submit to the exclusive jurisdiction of the federal and state courts located in such county with respect to such matters and disputes. 13.5 Project Sponsor shall not use SWEPCO's corporate name, trademark, trade name, logo, identity or any affiliation for any reason, including soliciting customers for participation in its project, without SWEPCO's prior written consent. 13.6 Project Sponsor acknowledges that incentive funds are available only if one or more of the incentive amounts listed on Page 2 of this Agreement was an influencing factor in the product purchasing decision(s) for this Project. 13.7 Project Sponsor acknowledges and will inform Customer that, following project completion, SWEPCO ora third -party program evaluator may request to interview the Customer regarding the Customer's experience with C1EEP, and may request to visit the Project Site, in order to verify the completion of the Project as documented by SWEPCO. Page 8 of 9 FEMEUNR A�WESTi�#C PO�i Aa AiA�h"' A0 ASP C'a a4A iy IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. Southwestern Electric Power Company Customer Name: Name: Signature: Signature: Title: Title: Date: �� Date. Project Sponsor Nal Sig Titl( Dat Date Incentive Reservation Expires: Page 9 of 9 -141 31J 0I (Effective Date Plus 90 Days) IIc City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 TRANSPORTATION SERVICES (410) 2018 Requestor: John Nelson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: This budget adjustment recognizes rebate funds from the Southwestern Electric Power Company Commercial and Industrial Energy Efficiency Program. The rebate is from the Mud Creek Trail Lighting due to the use of energy efficient LED lights on the project. RESOLUTION/ORDINANCE COUNCIL DATE: 2/20/2018 LEGISTAR FILE ID#: 2018-0094 L ilk h utclae+w 2/5/2018 11:14 AM Budget Director TYPE: DESCRIPTION: GLDATE: POSTED: Date TOTAL 14,666 14,666 v.20180119 Increase / (Decrease) Proie� cf.Sub9 Account Number Expense Revenue Project Sub AT Account Name 4470.800.8830-4900.00 14,666 15017 1 RE "Miscellaneous Revenue - base 4470.800.8830-5814.05 14,666 - 15017 1 EX Sidewalk/Trails - Trails C:\Users\losmifh\AppData\Roaming\L5\Temp\a19a65fb-b63b-41d6-8472-63edd3be6eOc 1 of 1 Branson, Lisa From: Max Light <max.light@clearesult.com> Sent: Monday, February 26, 2018 4:04 PM To: Mihalevich, Matthew Cc: Branson, Lisa Subject: RE: Mud Creek Trail Rebate Hey Matt, I am glad to hear the City Council has approved the project. You do not need to worry about putting a date on the "Incentive Reservation" line, that is there more for our internal use and to keep track of projects. If you can have the Mayor sign under the "Project Sponsor" section and then send the application over to me then we will be good to go! Thank you, Max Light, CEM, CMVP Energy Engineer II, Commercial & Industrial Programs Direct 479.439.9319 • Mobile 479.879.0540 CLEAResuit 479.935.9002 • clearesult.com 3425 N. Futrall Drive, Suite 101 • Fayetteville, AR 72703 We change the way people use energyTM From: Mihalevich, Matthew [mailto:mmihalevich@fayetteville-ar.gov] Sent: Monday, February 26, 2018 2:23 PM To: Max Light <max.light@clearesult.com> Cc: Branson, Lisa <Ibranson@fayetteville-ar.gov> Subject: Mud Creek Trail Rebate Hey Max, The City Council has approved the agreement for the rebate for Mud Creek Trail. One question, on the form below we plan to have the Mayor sign the section under Project Sponser. Do we need to include a date for the expiration? We plan to leave customer blank. Please provide direction, Thanks, Matt