HomeMy WebLinkAbout316-20 RESOLUTION •
ci- IIAYi`•y)
113 West Mountain Street
Fayetteville,AR 72701
(479)575-8323
Resolution: 316-20
File Number: 2020-1011
NIOKASKA CREEK TRAIL LED LIGHTING:
A RESOLUTION TO APPROVE A CONTRACT WITH SOUTHWESTERN ELECTRIC
POWER COMPANY TO PARTICIPATE IN AN ENERGY EFFICIENCY REBATE PROGRAM
AND ACCEPT AN INCENTIVE REBATE IN THE AMOUNT OF$5,643.63 FOR ENERGY
SAVINGS GENERATED FROM THE USE OF LED LIGHTING ON THE NIOKASKA CREEK
TRAIL,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 a contract with
Southwestern Electric Power Company to participate in an energy efficiency rebate program and
accept an incentive rebate in the amount of$5,643.63 for energy savings generated from the use of
LED lighting on the Niokaska Creek Trail.
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 12/15/2020
Approv : Attest: ` GERK//Tf�i���
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Lioneld Jo a ayor Kara Paxton, City Clerk Treasurtr�, Ev/'LE;
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Text File
�RKANS PS
File Number: 2020-1011
Agenda Date: 12/15/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.13
NIOKASKA CREEK TRAIL LED LIGHTING:
A RESOLUTION TO APPROVE A CONTRACT WITH SOUTHWESTERN ELECTRIC POWER
COMPANY TO PARTICIPATE IN AN ENERGY EFFICIENCY REBATE PROGRAM AND ACCEPT
AN INCENTIVE REBATE IN THE AMOUNT OF $5,643.63 FOR ENERGY SAVINGS GENERATED
FROM THE USE OF LED LIGHTING ON THE NIOKASKA CREEK TRAIL,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 a contract with
Southwestern Electric Power Company to participate in an energy efficiency rebate program and accept an
incentive rebate in the amount of$5,643.63 for energy savings generated from the use of LED lighting on the
Niokaska Creek Trail.
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 12/16/2020
City of Fayetteville Staff Review Form
2020-1011
Legistar File ID
12/15/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Matt Mihalevich 11/16/2020 ENGINEERING (621)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Staff recommends approval of a contract with the Southwestern Electric Power Company to receive a rebate in the
amount of$5,643.63 for energy savings generated from the use of LED lighting on the Niokaska Creek Trail Lighting
project and approval of a budget adjustment to recognize the revenue.
Budget Impact:
4470.800.8830-5420.00 Sales Tax Capital Improvements
Account Number Fund
02016.1301 Trail Development/Trail Maintenance
Project Number Project Title
Budgeted Item? Yes Current Budget $ 69,639.00
Funds Obligated $ 28,303.76
Current Balance $ 41,335.24
Does item have a cost? No Item Cost
Budget Adjustment Attached? Yes Budget Adjustment $ 5,643.00
Remaining Budget $ 46,978.24
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
tip ARKANSAS
MEETING OF DECEMBER, 15T" 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Terry Gulley, Transportation Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich
DATE: November 16th, 2020
SUBJECT: 2020-1011 Niokaska Creek Trail Lighting Rebate
RECOMMENDATION:
Staff recommends approval of a contract with the Southwestern Electric Power Company to
receive a rebate in the amount of$5,643.63 for energy savings generated from the use of LED
lighting on the Niokaska Creek Trail Lighting project and approval of a budget adjustment to
recognize the revenue.
BACKGROUND:
The Niokaska Creek Trail was be completed in October of 2020 connecting Gulley Park to the
Razorback Greenway. Energy efficient LED trail lighting has been installed along this 3-mile-
long trail.
DISCUSSION:
The lighting project includes a total of 107 LED trail lights within SWEPCO territory that are
eligible for this rebate through the Southwestern Electric Power Company (SWEPCO) through
their Commercial & Industrial Energy Efficiency Program (CIEEP).
BUDGET/STAFF IMPACT:
The rebate funding in the amount of$5,643.63 will go back to the trail construction program.
Attachments:
Niokaska Creek Trail Lighting Map
Southwest Electric Power Company - (CIEEP) Contract
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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Mud Creek Trail R,o
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CITY
Y E` Niokaska Creek Trail Map November 2020
FAYETTEVILLE
SOUTHWESTERN Commercial & ustrial Energy Efficiency
ELECTRIC POWER Program ("CIEEP")
COMPANY
Project Application
A.-,��C p p
Section 1 : General Information
ustomer Information
Application Date: 11/11/2020 SWEPCO Acct. No.: Multiple Accounts
Company/Customer Name: City of Fayetteville
Mailing Address: 113 W Mountain Street
City: Fayetteville State: AR Zip: 72701
Customer Tax ID No. 71-6018462 Tax Exempt? (YIN) N
Contact First Name: Lioneld Last Name: Jordan
Primary Phone: 479-575-8330 Secondary Phone: 479-575-8268
E-mail Address: mayor@fayetteville-ar.gov
Project Site Address: Gulley Park, Niokaska Creek Trail, Sweetbriar Trail
City: Fayetteville State: AR Zip: 72703
roject Information - For Official Use
Project Name: C&I, CoF Trail Lights, Lighting, BC
Project Type: New Construction Retrofit
Has project changed from the Yes No
initial application? If yes, provide details of change:
What are the estimated installation start and completion dates:
Start Date: Completion Date:
Project Sponsor III Check if information is the same as Customer Information above
Project Sponsor Name:
Mailing Address:
City: State: Zip:
Project Sponsor Tax ID No.* Tax Exempt? (Y/N)
*Required only if Customer assigns incentive payment to Project Sponsor using Customer Acknowledgment Form.
Page 1 of 8
ISOUTHWESTERN
ELECTRIC POWER
COMPANY
An MP Company
Installation Information
Is the installation being conducted by in-house staff or by a Contractor?
1 In-House Staff Contractor
If a Contractor is used, provide the following information:
Company Name:
Contact First Name: Last Name:
Mailing Address:
City: State: Zip:
Primary Phone: Secondary Phone:
E-mail Address:
Incentive and Savings Information—For Official Use
Customer Name: City of Fayetteville Energy Advisor: Brian Craig
Project Name. C&I, CoF Trail Lights, Lighting, BC Project ID. C I E E P-6 1 79Oa
Measure Description Estimated Savings Incentive Rate Estimated Incentive
kW kWh $/kWh
New Construction LED Lighting -Outdoor Trail Lighting 0.00 40,312 .14 $5,643.63
Total Incentive Reserved*
$5,643.63
*The amount listed as the Total Incentives Reserved is based on estimated savings. The actual incentive amount will
be based on verified savings. The total incentives paid cannot exceed the amount noted 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 8
SOUTHWESTERN
I i
ELECTRIC POWER
COMPANY
,
M AEP Company
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: https://swepcosavings.com/downloads/1117-SWEPAR-960639-
CIEEP%20Manual-R2.pdf. 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, 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
Page 3 of 8
of SWEPCO. In performing any such inspection or review or in accep,.,,,y 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
f f
PERMITTED BY 1 AU/ SWCQCO AND ITC AFATCC AC WC i AC ITS RESPECTE DIRECTORC
f C11 I f I IV
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OF-RGERSf f f f
1 OSSES AND EXPENSES fII I ' TI INC (DING_REASONAB C ATTORNEYS FEES AN COSTS fARISING OUT
OF ANY THIRD PARTY CI AIMS CAI ICED BY OR RES111 THUG FROM ANY ACT /IQ OMISSION OF
PRO ICCT SPONSOR OR OF AAIV OFFICER f AGENT fOR E IOY MPEE OF PRO ICCT SPONSOR IN TIDE
PERFORMANCE—CIF ITSOBLIGATIONS UNDER THIS -AGR€€MEN, EXCEPT THAAT—PROJECT
sPONSOR'S OB1 IGATION TO INDEMNIFY SWEPT'^ SHALL NOT APPLY TO THE EXTENT Y
V TJI Ivvl�v VOGIpT11 Ivl• IQ-11'wCl*IIVI 1 .7v— 4— T
LIABILITIES ARKS FROM CWCPCO'C NEG_1 IGENCC
CUSTOMER AGREES TO REI EASE SWEPC/I AND AAIY INDIVIDI IAI CORPORATION PARTAICQCIJIP
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f f f
ANlY KIND DIRECTI Y OR INDIR€GTLY CONTROLLING CONTROLLEDD BY, OR 'UNDDERCO"M,MON 1 1Z 11 fP-V'Ii�CV 1 C 1-�11 11\
CONTROL WITH SWEPCO`—AND ITS AND THEIR€SPEC,�TIIVE—SSHAtEHOLDERS, MEMBERS,
PARTN€RS�^PF-IQ€R , DIRECTOR,MANAGERS,TRUSTEES, IN RATIONS, AGENTS,
ATTORNEYS f CONSUL TANTC f SERVANTS fREPRESENTATIVES AND EAAPt OYEES FROMAI AYND A
AI 1 CI AIMS f DEMANDS f1 OSSES f DAMAGES f COSTS f TI 1 AN EAI IAB11 ITV NCI UDING fBUT NOT
G` I I
1 IMITED TO A) IN IURV fTH DEA G PERSONS f D OR AMAGE TO O PRPERTY 9) DAMAGE I I TO NATRAI
RESOURCES, 3) VIOLATION OF ANY LOCAL, STATE, OR FEDERAL LAW OR REGULATION
INGLUDINNGG,, BUT NO-T LIMIT€D TO,ENVIRONM€NTAL AND—H€ALTH AND CACEP(--LAWSSOOR
REGULATIONS, N f AI STRICT 1 IAQ11 ITV IAAPOSCII QV AAIV 1 ALA/ /IQ REGU1 ATIO G) E MEN QUIPT
M_AI FUNCTIONS f� 1 c
6) SERVICES PROVIDEDAI I CONNECTION WITH THIS AGREEMENTR O 7) ENERGY
T
SAVINGS SHORTFALLS ARISING OUT OF fI RE ATED TO f I OR N AAIV 1A/AY CONNECTED 1 VIT H THE
PROJECT. THIS PROVISION SHAI 1 NOT APPI YTO CI AIMS DEMANDS 1 OSSEC DAMAGES COSTS
f f f f
AND LEGAL LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF SWEPCO IN THE
CONDUCT OF SWEPCO'C ON CITE INSPECTION /IC THE PROJECT CITC
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.
Page 4 of 8
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.
ARTICLE VIII-LIMITATION OF LIABILITY
8 S EPGO AND ANY INDIVIDUALGGRPORATION, PARTN€RSHIP,LIMIT€D LIABILITY COM A
ASSOCIATION TRUST OR OTH€Rr BUSIN€SS ORGANIZATION--OF-ANY a II,ND D.�--�CTLY OR
:vvvvvc r IVIT, 1 Itvo r, vlt v 1
INDIRECTI Y CONTROL 1 ING_f1 CONTROL ED BV fOR 1 INDER COMMON CONTROL WITH O SWEPC AND
r r 1 r ,
MANAG€RS, TRUST€€S, INC^ RATORS, AGENTS, ATTORNEYS,, CONSULTAN SERVA TS,
REPRESENTATIVES, AND €MPLOY€€S SHALL NOT B€ LIABL€ TO PRO IECT SPONSOR OR ANY
r rcI l rCOCIT I rr 1 1 T Cp
CI STO MER FOR ANYI OSSEC COSTS IN II IRIEC 1 IABI1 ITIEC EXPENSES(INCI I IDING ATTORNEY'C
FEES),OR CI AIMS F.OR INCID€NTw-AL, SP€GIAL, INDIRQrr PUNITIVE CONSEll11ENTIAL
v yr c��crvmo
DAMAGES OF ANY NATI IRE CONNECTED WITH OR REC111 TI If^ FROM
v rrlrrrrcvcv vl TIN•r Icrrlvrcc-vvrtrTcv-r���rrm-vrc-rtcvvc-1
(4) NEGOTIATION EXECI ITION OPERATION OR TERMINATION OF THIS AGREEMENT•
f f f f
(41 RERFORMANCE OR NON PERFORMANCE OF ANY COMMITMENT TO A CI STO MER
\�^Tl r�cpl cl vlclrlT'[I�vc vlc I�v1� 1 cicl vlcl�rTS1wC GT' rn,
(444AN-Y-AC-T-SGMISSIONSI-QR-RERRESENTAT4GNS-MADE-B-Y-PRGJEGT-SRGNSQR4N,
FUNCTIONS,
INCI I(DING` WITHOI IT 1 IMITATION, CLAIMS IN THE_•NATI IRE OF LOST REVEN ES, INCOME OR
rlTvcovrrTQ-TTr r 1 Icry r cl -ter rTrT'Ivic� Q rc rtv
PROFIT —I, RR€SP€CTIVE OF WH€TEN€R CUCH CLAIMS ARE BAS€D � -A-W NT,
�QTTvS
N€GLIG€NC€, STRICT LIABILITY, CONTRACT, OPERATION OF LAW OOR—^-TH€RWISE A"'.ND ROJECT
SPONSOR SHAI 1 PROTECT INDEMNIFY AND HOl D SWEPCO HARMI ESS FROM SAMS
f
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.
Page 5 of 8
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:
Southwestern Electric Power Company Project Sponsor
Name: Gregory Perkins Name:
Address: 101 W. Township Address:
Fayetteville, AR
Phone: (479) 973-2435 Phone:
E-mail: gaperkins@aep.com E-mail:
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 6 of 8
SOUTHWESTERN
ELECTIRIC POWER
COMPANY
M ALP Company
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 anyparty
Y
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
or a third-party program evaluator may request to interview the Customer regarding the Customer's
experience with CIEEP, and may request to visit the Project Site, in order to verify the completion of
the Project as documented by SWEPCO.
Page 7 of 8
•
SOUTHWESTERN
I ELECTRIC POWER
COMPANY
•
n/Fv .:
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly
authorized representatives.
Southwestern Electric Power Customer
Company
Name: A S J) r k,� Name Lioneld Jordan
6 ''2` of
Signature: Sig e:s
Title: 0 itle: City yetteville Mayor
Date: Date:
3 --2. 6-Zo2 o 1 -/5-20
Project Sponsor
Name:
Signature
Title.
Date.
Date Incentive Reservation Expires:
6Etys)tective Date Plus 90
a
Page 8 of 8
City of Fayetteville, Arkansas adget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 TRANSPORTATION SERVICES (410)
2020
Requestor: Matt Mihalevich
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 for the Niokaska Creek Trail Lighting resulting from the use of
energy efficient LED lights on the project.
COUNCIL DATE: 12/15/2020
LEGISTAR FILE ID#: 2020-1011
Hai y Black,
11/18/2020 7:07 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
12/15/2020
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED: /
TOTAL 5,643 5,643 v.20201112
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4470.800.8830-4900.00 - 5,643 02016 1301 RE Miscellaneous Revenue- base
4470.800.8830-5420.00 5,643 - 02016 1301 EX Trail Maintenance
H:\Budget Adjustments\2020_Budget\City Council\12-15-2020\2020-101 1 BA Niokaska Trail Lighting Rebate 1 of 1