Mike Amyx

City of Lawrence

City Hall PO Box 708

Lawrence, KS 66044

Re: The American Institute of Architects and the City of Lawrence

Sustainable Design Assessment Team Community Assistance Project

Dear Mayor Amyx:

On behalf of The American Institute of Architects (“AIA”), I would like to reiterate how excited we are to be able to work with the City of Lawrence (“City”) in a Sustainable Design Assessment Team (“SDAT”) community assistance project. We anticipate a collaborative SDAT project that will bring together design and planning professionals assembled to help provide a roadmap for the City to improve its sustainability – as defined by its ability to meet the environmental, economic, and social equity needs of today without reducing the ability of future generations to meet their needs.

With that in mind, I would like to take this occasion to suggest a framework that we might use as we work together in key areas in the future. We will look forward to addressing each of these areas with you as SDAT preparations move forward.

1. Mission

Reflecting its overall mission, we anticipate that the SDAT process will:

• Advance the principles of sustainability in the City;

• Help the City understand the structure of the community at various scales and contexts, particularly in light of regional appropriateness;

• Explore larger contexts and interactions of ecological, sociological, economic, and physical systems;

• Visualize potential futures;

• Articulate the qualities of the community by preserving elements of the past, addressing present needs, and planning for the needs of future generations; and

• Define the role of stakeholders and players in the public and private sectors.

2. The AIA’s Role

We anticipate that the AIA will cooperate with the City in doing the following:

• Work with the City to achieve three visits, and undertake an intervening conference call approximately six months after the full team visit to discuss progress. The visits will consist of:
• A preliminary scoping and research visit;
• A three-day SDAT full team visit; and
• A follow-up visit.

• Provide interim advice/consultation on implementation of recommendations.

• Select and secure commitment of an SDAT Team Leader.

• Select and secure commitment of multidisciplinary SDAT members.

• Act as the liaison with SDAT members.

• Provide reasonable logistical support (i.e., for travel and lodging arrangements, facilities, supplies, accounting/invoicing, budget oversight, conference calls).

• Produce a presentation on the SDAT’s work.

• Produce a final report, with lead responsibility for text and design, printing and distribution, and posting on the Web (if appropriate).

• Provide media assistance (as appropriate).

• Provide up to $15,000 in financial support (as described more fully below).

3. The City’s Role

We anticipate that the City will cooperate with the AIA in the activities described above, and will also:

• Cooperate with the AIA in developing an SDAT project budget.

• Form and coordinate a local Steering Committee and appropriate sub-committees, which will:
• Engage local professionals and community leaders in the SDAT process;
• Furnish appropriate background materials and information;
• Provide appropriate outreach to the community and to local media;
• Furnish guidance on lodging, facilities, and other logistical factors; and
• Organize and conduct appropriate tours/flyovers.

• Provide appropriate financial support (as described more fully below).

4. Financial Considerations

We would like to propose the following financial arrangements for the SDAT project with the City:

• The AIA and the City will cooperate in preparing a project budget.

• The AIA will commit to funding of an amount not to exceed $15,000 in support of the project.

• The City will commit an appropriate level of funding to cover all project expenses that are not to be paid by the AIA, including a $5000 cash payment (local match).

• The AIA and the City will agree on appropriate financial management arrangements (e.g., for payment of invoices and bills submitted by third party vendors).

A final settlement of accounts between the AIA and the City will take place within 90 days after the conclusion of the project, but no later than January 9, 2007. The AIA and the City will each keep accurate financial books and records relating to its project activities and expenditures, and, if requested, will make them available for inspection by the other party (at that party’s expense).

5. Project Managers

The AIA’s primary liaison for the SDAT project will be Erin Simmons. We look forward to your designating a person who will serve as the City’s primary liaison.

6. Miscellaneous Provisions

Assuming that the activities and financial arrangements outlined above are acceptable to you, we suggest that the following miscellaneous provisions be put into place for the benefit of both the AIA and the City:

• Binding Agreement. The terms of this letter will become a binding agreement between the AIA and the City, effective on the date you sign it. It will supersede all prior discussions and agreements between us concerning the SDAT project, and will be modified (if at all) only in a written document signed by both the AIA and the City.

• Indemnification. Each party will indemnify the other against any claims or losses to the degree they arise from that party’s intentional or negligent actions or omissions. If both parties contribute to causing the claims or losses, the indemnification duties will be divided accordingly between them.

· Insurance. Each party will obtain and maintain sufficient comprehensive general liability coverage for its activities under this agreement. The AIA has insurance coverage in the following amounts:

§ General aggregate limit: $2 million

§ Personal injury limit: $1 million

§ Each occurrence limit: $1 million

§ Medical payments: $10,000

The City is self-insured for any claims pursuant to the Kansas Tort Claims Act.

· Force Majeure. Neither party will be responsible for any losses resulting if the fulfillment of any terms is delayed or prevented by civil disorders, wars, acts of terrorism, strikes, acts of God, or by any other cause which is beyond the control of the party whose performance is hindered, and which that party could not have prevented through the exercise of reasonable diligence. In the event that any such occurrence may make it inadvisable, unsafe, illegal, or impossible to perform under this agreement, then either party may terminate the agreement without penalty, obligation or liability of any type by providing written notice to the other party. Such right of termination shall not be unreasonably exercised.

· Publicity/Public Relations. The AIA and the City will coordinate closely on all project-related publicity and public relations materials prepared by either of them, and all those materials will be prepared and distributed in a manner agreed upon by both of them.

If all the terms in this letter agreement are acceptable to the City, I ask that you sign and complete the signature block below, and return the letter to me. If there are items that require further discussion, however, I would be delighted to talk with you about them and resolve any differences that may remain at this point. I look forward to hearing from you soon.

Sincerely,

Ann Livingston, Esq.

Director, Center for Communities by Design

The American Institute of Architects

The agreement stated above is understood and accepted by The City of Lawrence.

By:

Mike Amyx

Title: Mayor, City of Lawrence

Date:

The agreement stated above is understood and accepted by the American Institute of Architects.

.

By:

Helene Dreiling, FAIA

Title: Team Vice President, AIA Community

Date: