HomeMy WebLinkAbout83-20 RESOLUTIONF',AYE Tr
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 83-20
File Number: 2020-0152
2020 LEED FOR CITIES AND COMMUNITIES GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 LEED FOR CITIES AND
COMMUNITIES GRANT AWARDED BY THE U.S. GREEN BUILDING COUNCIL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the
acceptance of a U.S. Green Building Council 2020 LEED for Cities and Communities Grant and
authorizes Mayor Jordan to sign the grant agreement attached to this Resolution.
PASSED and APPROVED on 3/3/2020
Lioneld Jordan,
Attest:
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Kara Paxton, City Clerk Treasu`gFi Y,�E�/CLE:
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Page 1 Printed on 314120
City of Fayetteville, Arkansas 113 West Mountain Street
s Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0152
Agenda Date: 302020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 11
2020 LEED FOR CITIES AND COMMUNITIES GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2020 LEED FOR CITIES AND
COMMUNITIES GRANT AWARDED BY THE U.S. GREEN BUILDING COUNCIL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of a
U.S. Green Building Council 2020 LEED for Cities and Communities Grant and authorizes Mayor Jordan to
sign the grant agreement attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 31412020
City of Fayetteville Staff Review Form
2020-0152
Legistar File ID
3/3/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Leif Olson 2/14/2020 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date Division / Department
Action Recommendation:
City staff recommends the City Council approve a resolution authorizing the Mayor to sign an agreement letter
accepting the U.S. Green Building Council (USGBC) 2020 LEED for Cities and Communities Grant Award.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
NA Item Cost
NA Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 3, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Peter Nierengarten, Environmental Director
FROM: Leif Olson, Long Range Planner
DATE: February 4, 2020
CITY COUNCIL MEMO
SUBJECT: Acceptance of the U.S. Green Building Council's 2020 LEED for Cities and
Communities Grant.
RECOMMENDATION:
City staff recommends the City Council approve a resolution authorizing the Mayor to sign an
agreement letter accepting the U.S. Green Building Council (USGBC) 2020 LEED for Cities and
Communities Grant Award.
BACKGROUND:
In January of 2020, the USGBC with support from the Bank of America Charitable Foundation
accepted applications to the 2020 LEED for Cites and Communities Grant Program. The grant
selected up to 20 U.S. local governments committed to certifying in LEED for Cities and
Communities rating system and accelerating progress on urban sustainability. Local
governments will participate as a cohort, collaborating and exchanging ideas with peers as they
get organized, set goals, collect data, and apply for certification.
Grant award recipients were evaluated on various criteria, including demonstrated need,
leadership support, commitment to data driven decision making, staff capacity, and coordination
with other local initiatives. Local governments that best met the stated criteria were selected.
DISCUSSION:
In February of 2020, the City of Fayetteville was notified that we were selected as one of the
2020 LEED for Cities and Communities Grant award recipients. As an award recipient, the City
of Fayetteville will receive a two-day in-person training and orientation program for two staff
members. The larger cohort of local governments will meet regularly throughout the year via
phone calls and web conferencing to report progress and share best practices. Fayetteville will
also receive a dedicated USGBC coordinator who will check-in regularly and help to resolve
issues and provide feedback and support.
The grant award package is as follows:
• One, annual USGBC Silver membership ($750),
• Registration in LEED v4.1 for Cities and Communities ($2,500),
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Certification review fees, for LEED v4.1 for Cities and Communities ($5,000),
• Access to the Arc reporting platform to encourage continuous improvement and
benchmarking,
• A two-day, in-person orientation workshop for two local government officials/staff,
• Access to online education resources, project management tools and monthly
conference calls, and
• A dedicated USGBC staff liaison with ongoing programmatic and technical support
The USGBC has provided a 2020 LEED for Cities and Communities Grant Program Agreement
for City Council approval and Mayor Jordan's signature.
BUDGET/STAFF IMPACT:
None, there is no match required for this LEED for Cities and Communities Grant
Attachments:
USGBC LEED for Cities and Communities Agreement
2020 LEED FOR CITIES AND COMMUNITIES GRANT PROGRAM AGREEMENT
This LEED FOR CITIES AND COMMUNITIES GRANT PROGRAM AGREEMENT (this "Agreement") is made as of the
10 day of February, 2020 ("Effective "Date"), by and between the City --of Fayetteville (the "Grantee") a city
government with a principal address of 113 W. Mountain St. Fayetteville, AR 72701 and the U.S. Green Building
Council, Inc. ("USGBC"), a DC nonprofit corporation located at 2101 L St, NW, Suite 500, Washington, DC 20037,
agree that Grantee's project, Project ID No.: 1000113608 ("Project") having been selected as a recipient of the
2020 LEED for Cities and Communities Grant Program ("Program"), both parties shall abide by the following
terms and conditions:
1. LEED FOR CITIES AND COMMUNITIES GRANT PROGRAM
A. The Program (as defined below) convenes a cohort of US leadership cities and counties as they register, certify
and continuously improve in the LEED for Cities and Communities certification program. The Grantee was
selected to participate based on the application and accompanying materials submitted by Grantee, which shall
be incorporated by reference hereto (the "Grant Application"). The term of this agreement is February 1, 2020
through December 31, 2020 unless extended by USGBC as described in Section 2, below. The Program is defined
as consisting of (i) a training and education package, (ii) a one-year USGBC membership at the Silver level, (iii) a
waiver of the LEED for Cities or LEED for Communities registration fee, and (iv) a waiver of the LEED for Cities
and Communities certification fee (if submitted and completed within the term of this Agreement).
The training and education package consists of one multi -day in-person technical assistance workshop for two
representatives of the Grantee; access for two team members to any future LEED for Cities and Communities
reference guide and education resources for one year; and access to technical assistance including regular
conference calls and support from USGBC staff.
The above award may only be provided to a local form of government (e.g. city, town or county) based in the
United States. Grantee hereby warrants and represents that it is a public, governmental agency.
2. TERM EXTENDED; PROGRESS REPORTS
Grantee shall apply for certification within the term of this Agreement. However, if the Grantee is unable to
meet that deadline, USGBC may, in its sole discretion, extend the term by up to twelve months, provided,
however, in such event, beginning February 1, 2021, Grantee then shall furnish bi-annual Progress Reports
February 1 and August 1. Progress reports must include updates on the project including any challenges, a list
of milestones to be accomplished within the following six months, and an estimated date for certification
submission. Further, Grantee is expected to participate in regular conference calls as scheduled by USGBC.
Failure by Grantee to furnish any Progress Report to USGBC as specified in this Grant Agreement shall constitute
a material breach of the Grant Agreement, and may result in the immediate termination of the Agreement.
3. USE AND PROTECTION OF TRADEMARK AND OTHER INTELLECTUAL PROPERTY
USGBC and the Grantee acknowledgethat each party owns certain names, trademarks, service marks, copyrights
and other intellectual property (the "Marks"), and owns or has certain merchandising rights in and to the Marks,
and all goodwill associated with or symbolized by them. It is understood that in promoting USGBC's activities,
USGBC may make various references to the activities and may display the word marks and logo of Grantee
(hereinafter, "Marks"), and photographs of the activities of Grantee, including but not limited to the Project.
Grantee agrees that it has the authority to grant such rights and hereto grants to USGBC a nonexclusive,
nontransferable license to use its Marks and photographs during the term of this Grant Agreement and for a
period of five years after termination or expiration of this Grant Agreement. Grantee agrees that it shall obtain
USGBC's advance approval for use of any USGBC Marks and understands that this Grant Agreement itself
provides no such permission.
4. TERMINATION FOR BREACH; INSOLVENCY
USGBC may terminate this Grant Agreement if, in the reasonable determination of USGBC, (1) the third party
funding committed to USGBC to support this Program is reduced or eliminated; (2) Grantee repudiates or
breaches any of the terms of this Grant Agreement; or (3) Grantee fails to make progress so as to endanger
timely and proper completion of its obligations hereunder; and does not correct such failure or breach within
ten (10) days, or such shorter period if commercially reasonable, after receipt of written notice from USGBC
specifying such failure or breach. In the event of termination under this Section 5, Grantee agrees to forfeit use
of the LEED certification fee waiver and any unused award package items at that time.
The foregoing remedies are in addition to, and not in lieu of, any other rights or remedies that a party may have
at law or in equity; provided however, that in no event will either party be liable to the other for incidental,
consequential or punitive damages arising out of a breach of this Cities Grant Agreement.
S. COMPLIANCE WITH LAWS
Each party will perform its obligations underthis Grant Agreement in compliance with all applicable laws, orders,
or regulations of all appropriate jurisdictions.
6. NO ASSIGNMENT
Neither party may assign its rights, nor delegate its obligations under this Grant Agreement, without the prior
written approval of the other party.
7. RELATIONSHIP OF THE PARTIES
USGBC and the Grantee are independent parties, and nothing contained in this Grant Agreement shall be
deemed to create a partnership, joint venture or agency relationship between them, nor does it grant either
party any authority to assume or create any obligation on behalf of or in the name of the other.
S. NOTICES
Any notice required or permitted to be given by either party under or in connection with this Grant Agreement
shall be in writing and shall be deemed duly given when personally delivered or sent by registered or certified
mail, return receipt requested, postage prepaid, expedited courier service, or by cable or facsimile, confirmed
by letter, as aforesaid to the addresses indicated in the introductory paragraph of this Grant Agreement, unless
otherwise agreed to by the parties. If accepting these terms, Grantee shall designate a primary contact by
completing the section below. All communications pertaining to the Grant Agreement shall be directed to the
person designated below.
Grantee:
City/County Contact: Peter Nierengarten
Address 1: 113 W. Mountain St.
Address 2:
City: Fayetteville State/Province: AR
Zip/Postal Code: 72701
Telephone: 479-575-8272
Email:,pnierenaartent@favetteville-ar.us
Website: htto://www.fayetteville-ar.gov/
USGBC:
Mahesh Ramanujam
Chief Executive Officer
U.S. Green Building Council, Inc.
2101 L St., NW, Suite 500
Washington, DC 20037
202-828-7422
email: mraman@usgbc.org
www.(Jsitbc.org
With a copy to: legal fe usgbc.orR
9. ENTIRE AGREEMENT
This Grant Agreement (i) contains the entire understanding of the parties hereto, (ii) supersedes all prior
agreements including but not limited to the agreement provided in Grantee's initial application, and (iii) shall
not be amended except by a written instrument hereafter signed by all parties hereto. No waiver of any
provision of this Grant Agreement shall be effective unless evidenced by a written instrument signed by the
waiving party. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT, IN ENTERING INTO THIS GRANT
AGREEMENT, THEY HAVE NOT IN ANY WAY RELIED UPON ANY ORAL OR WRITTEN AGREEMENTS,
UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, NOT SPECIFICALLY SET FORTH
IN THIS GRANT AGREEMENT.
10. CONDITION PRECEDENT/SIGNATURE
This Grant Agreement shall become effective only should USGBC select Grantee's Project as a recipient of the
2020 LEED for Cities and Communities Grant Program by or before March 1, 2020. This Grant Agreement shall
not constitute a binding agreement until signed in writing by all parties.
IN WITNESS' WHEREOF, the parties hereto; by their duly authorized representatives, have executed this
Agreement under seal, with the intention of making it a sealed instrument, as of the day and year first above
written.
U.S. GREEN BUILDING COUNCIL, INC.
BY:
Susan E. DGeneral Counse
DATE: �'-�j,_
CITY OF F
PRINTED NAME: MAYOR LIONELD JORDAN
TITLE: MAYOR
DATE: Q3 O oZOo�O