Loading...
2022-04-25 - Agendas - FinalFayetteville Advertising and Promotion Commission April 25, 2022 Location: Fayetteville Town Center, 15 W. Mountain Street Commissioners: Todd Martin, Chair, Tourism & Hospitality Representative Katherine Kinney, Tourism & Hospitality Representative Chrissy Sanderson, Tourism & Hospitality Representative Elvis Moya, Tourism & Hospitality Representative Andrew Prysby, Commissioner at -large Sarah Bunch, City Council Representative Mark Kinion, City Council Representative Staff: Molly Rawn, CEO Agenda Call to order at 2:00 p.m. Old Business A. Review and approval of March 2022 minutes. III. New Business A. Discussion. Amendment to the by-laws allowing for virtual meetings and virtual attendance at in -person meetings. This amendment is being proposed for the first time and will be voted on at a subsequent meeting. B. CEO Report. Molly Rawn. An executive overview of the previous month's activity, issues and opportunities facing the organization. C. Financial Report. Jennifer Walker, Vice President of Finance D. Vote. Cyclo-Cross payments. Approval of vendors paid amounts greater than $20,000 from the Cyclo-cross grant funds. Memo attached. E. Vote. Town Center Tower repair. Vote to approve spending an additional $29,750 with Nabholz Construction for sealing of the tower. Memo Attached. F. Vote. Fayetteville Town Center HVAC Unit. Approval of a quote for $54,585 from Multi -Craft Contractors for replacement of a roof -top HVAC unit. Memo attached. G. Vote. Fayetteville Town Center Interior Door Replacement. Approval of a materials quote from Felix Thompson Company and an installation quote from David Tipton, totaling $136,525. Memo attached. H. Vote. Buxton Company Consumer Insights tool. Approval of a $25,000 one-year subscription for a tourism and consumer insights package. Memo attached. I. UCI Cyclo-Cross World Championship Report. A presentation of the 2022 Walmart UCI Cyclo-cross World Championships prepared by Experience Fayetteville and Sells Agency. J. Tour of Fayettevan, "Vanny" IV. Adjourn Fayetteville Advertising and Promotion Commission Minutes from March 28, 2022 Meeting Fayetteville City Hall Commissioners Todd Martin, Chair, Tourism & Hospitality Representative Present: Elvis Moya, Tourism & Hospitality Representative Andrew Prysby, Commissioner at -large Sarah Bunch, City Council Representative Mark Kinion, City Council Representative Commissioners Katherine Kinney, Chrissy Sanderson Absent Molly Rawn, CEO; Jennifer Walker, Vice President of Staff: Finance; Hazel Hernandez, Vice President of Marketing and Communications Chair Martin called the meeting to order at 2:00 pm. Old Business A. Commissioner Martin asked if there were any revisions or additions to the February 2022 minutes. Hearing none, he said the minutes were approved. III. New Business A. CEO Report. Rawn began by updating the agenda today by saying that Steve Smith with the Clinton House Museum would not be presenting today but may present another month. She then updated the commissioners on the commission's open seat, currently held by Commissioner Moya. With 4 applications received, we determined that one did not live in city limits, and one did not fit the qualification of being in the Tourism and Hospitality industry. Of the two qualified applicants, Commissioner Moya being one, the commissioners unanimously recommended that we interview Commissioner Moya for the open seat. Rawn thanked the commissioners for participating in the Governor's conference on Tourism and thanked the team for a job well done in hosting the event. It has been more than 14 years since Fayetteville has hosted the event and it provided more than 520 room nights for Fayetteville. She discussed the new Huddle Up tool, the Sports Index Scout, which is software that matches our Sales team with organizers of sporting events and should be able to pay for itself with presenting options that are normally found by traveling to a trade show. The Visitors Center attendance was up in February, compared to January and we saw almost $4,000 in sales of the limited Cyclo-cross poster. In giving an update on Community Engagement, she announced we will have a full slate of First Thursdays this season — the first time since 2019 add and we also want to congratulate Chloe Bell who has been asked to serve on a leadership council for CACHE. In Cycling news, US Pro Cup will be back April 21-24 and Experience Fayetteville serves as a sponsor. The full Cyclo-Cross report will be presented at the April commission meeting. The Fayetteville Town Center updates include a busy schedule of events, ongoing repairs to the plaza and several other capital improvements that were listed in the agenda as requested at the February meeting. Rawn updated the commission on HMR numbers. Our HRM collections were down overall although lodging collections for February 2022, representing January's activities, shows an increase of 124%. It represented the best January in HMR lodging activity that Rawn could identify. Restaurant collections were down for January compared to our budget. Chair Martin offered a side note that the snow event in January closed some restaurants for up to 5 days; additionally January was a month of high numbers of Omicron infections. Rawn gave an update on Walker Stone House which included hosting a meeting on March 81" with Hugh Kincaid, the former owner of the house; Ethel Goodstein, the Associate Dean of the Fay Jones School of Architect; Maylon Rice, representing the Washington County Historical Society; Britain Bostick, Long Range Planner with City of Fayetteville; Vince Chadick, the A&P's legal counsel; Steve Clark, Fayetteville Chamber of Commerce and a member of the Arkansas Archeological Survey. She shared a letter from the Washington County Historical Society that stated they recommend the hiring of a consultant to assist in finding a good purpose for the future of the Walker Stone House. Rawn said she would be, with Britain Bostick's help, crafting an RFP to hire a consultant and would have an update for the April meeting. Rawn also referenced an additional letter in the agenda packet from Bass Trumbo and Hugh Kincaid that recommended we work to preserve the home, referencing the Curran Hall in Little Rock as an example. Rawn believes that the commission is really aligned with both the Historical Society and the former owners of the home and by working with a consultant we can come up with a plan to address many of the factors brought forth. Several commissioners offered support in seeing an RFP at the April meeting and they were in favor of working with a consultant. Chair Martin invited Maylon Rice to speak and Rice reiterated that the number one goal of the Historical Society would be to preserve the building and that they are in favor of A&P hiring a consultant and the society is happy to help however they can. e. Vote. A vote to recommend an eligible applicant to fill the open tourism and hospitality representative commission seat. This recommendation will go to the city council for approval. Chair Martin stated that the commission would like to bring forth Commissioner Moya to fill this position, one he has occupied since being voted to fill a partial term in January 2021 and asked if anyone had any questions for Commissioner Moya. With there being none, Commissioner Kinion made a motion which Commissioner Bunch seconded of Commissioner Moya being appointed to the open position. Chair Martin asked each commissioner with the exception of Commissioner Moya to vote and it was unanimously approved to recommend Commissioner Moya. C. Financial Report. Jennifer Walker, Vice President of Finance Walker stated that the full set of financial statements are in the packet. At the end of February, our typical target for both expenses and revenue is 17% and we are at 13% with revenue and 12% with expenditures. We ended February with a net operating income of approximately $70,000. The balance sheet shows cash and investments at approximately $4.9 million with more than $140,000 in future booking, or unearned revenue, at the Fayetteville Town Center. CEO Rawn asked Walker to confirm where on the balance sheet the money for the improvements for the town center would come from, if approved. Walker directed people to the unreserved fund balance which is at almost $5.3 million and the capital reserve is at $1 million. The additional funds would be appropriated from the unreserved fund balance. Rawn stated that now would be a good time to invest in the Fayetteville Town Center as the facility hasn't seen many capital improvements in its life span. At one time, the Town Center was almost the sole place to have events, that is no longer the case and we want to continue to remain competitive. Rawn said it is her recommendation to move $1 million from the unreserved balance to the capital reserve fund. Projects over $20,000 will still be brought to the commission. Chair Martin asked if there was a motion to move $1 million dollars from the unreserved fund balance to the capital reserve balance. Commissioner Bunch moved to make this motion with Commissioner Moya seconding it. It was unanimously approved by a roll call vote. Commissioner Moya said CEO Rawn referenced that the Town Center used to be the place to hold events and he asked what some of the needs were to making the Town Center "the place" to once again hold events. Rawn mentioned she'd like to confirm with General Manager Tyler Wilson and his team, but some items like a signage package, new chairs and tables would be included. Rawn also mentioned that some of the capital improvements already identified are also going to make this facility an even more appealing facility. Commissioner Prysby asked if we could look at a "have to have" and a "nice to have" list so that we could see if some of the "nice to have" items can be folded into some of the "have to have." Signage for the town center was also considered. Commissioner Moya asked if we could see what items are being offered by our top 3 competitors that we could consider if we need to be offering. D. Vote. Engagement letter for 2021 audit. Staff is recommending signing the engagement letter with BKD for the 2021 audit and filing the Clinton House Museum's 990 for a budgetary impact of $24,850. Memo attached. CEO Rawn stated we have worked with BKD for the last three years and VP of Finance Walker told the group that BKD would be assigning the same staff to our audit as the City of Fayetteville which would be beneficial for reporting. Commissioner Moya asked Walker if she thought the audit schedule was sufficient for this and Walker stated yes, BKD has been a great firm to work with. Commissioner Kinion asked if we could have a schedule of fees and Walker said she could ask for one. Commissioner Moya made a motion which Commissioner Prysby seconded to approve the engagement letter which passed unanimously via a roll call vote. E. Marketing Report. Hazel Hernandez, Vice President of Marketing and Communication Hernandez shared with the group that we had a website refresh last week with some of our permanent attractions becoming static while still including blogs, which helps with our SEO content. The site is more user friendly and includes a calendar which allows for organizations to submit events. Rawn mentioned that we've made our A&P collection data easier to locate on the site. Hernandez talked about Fayettevan, our mobile visitors center van and how we will be introducing it to the community this spring. Hernandez showed some pictures of the van getting wrapped and also Fayettevan merchandise. Chair Martin asked how the van would travel back to Fayetteville and she shared that Ashely Cane, our Marketing Manager, and Hernandez will be driving it back to Fayetteville and be stopping at many visitors center and other destinations, talking about how Fayetteville is a great place to include in a road trip. Commissioner Prysby asked if Fayettevan would have its own social media and Hernandez said it would be on Experience Fayetteville's social media with the hashtag #Fayettevan. Hernandez thanked the Sells Agency for all their help with this process. Rawn stated that with all the Razorback sports doing so well, we cannot underestimate the economic driver Razorback athletics are. Chair Martin once again congratulated Commissioner Moya for being re-elected to another term. With no further items, Chair Martin adjourned the meeting at 2:58 pm. Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville. Fayetteville Advertising and Promotion Commission CEO Updates April 2022 Commission • What to expect in the coming months: o May — Lease for Dickson Street Art Court; Walker Stone house consulting agreement o June — Budget revision; new plan for receiving funding proposals; report from Auditors Personnel • The Fayetteville Town Center hired a part time Event Coordinator, Anna Claire Day. We also have both a part-time and a full-time Event Coordinator position open. • Experience Fayetteville hired a part time Visitors Center Coordinator, Anna Manthe, who begins in May. Experience Fayetteville Sales • Experience Fayetteville Sales team initialized and moderated a virtual state sales meetup for CVB/ DMO sales professionals across the state to connect on event funding applications and best practices. These meetups will take place twice a year virtually and in -person. The next one is scheduled in person in August (Russellville CVB to host). • We have secured meetings with several bus tour group operators for an upcoming FAM tour, and we are currently working regionally to bid on the 2023 South Central Motorcoach Association. We are facilitating a group project with the Fayetteville Town Center and Graduate Fayetteville to bring back the "Meet Us on the Square" promo and selling this to all our association, conference and group markets. • University of Arkansas Facilities and EF Sales teams continue to discuss how to better collaborate in in planning events. UA Facilities are an asset to our sales team — particularly the sports market — and making sure our relationships are strong is essential. Visitor Center Sales and Attendance VC saw 1,040 visitors in March 2022 • 74% increase from February 2022 (352) • Two busiest days: Saturday, March 19th (147) and Saturday, March 26th (133) • VC had $3,752.05 in sales in March 2022 • 39% decrease from February 2022 ($6,192.70, of which $3,990 were Cyclo-Cross poster sales) • We've ordered numerous new items from local artists. In March we saw visitors in from Romania, Australia, Germany, England, Japan, Spain and Ethiopia. Community Engagement • The themes for this year's First Thursday program are May: Natura, June: In Bloom, July: Ozark Oasis, August: Dog Daze, September: A closer look, and October: Larger than Life. Each theme has unique immersive elements that add to the traditional programming components, including scavenger hunts, a dog costume contest, and various art installations. • We have $19,400 committed in sponsorship to date for First Thursday and are still looking for two sponsors for the sustainability category and the main stage. Cycling The U.S. Pro Cup returns to Fayetteville April 20-24th for 4 days of professional, elite junior, and amateur cross-country mountain bike racing at Centennial Park. o Pre -registration for the event exceeded 2021, with close to 1400 registrants including past and current national champions, world champions, and Olympians racing in Fayetteville. 0 6 different countries and most states represented o New this year, the event was lived streamed through a partnership with FloSports, increasing visibility for mountain biking in Fayetteville. • Timed with National Bike Month, Experience Fayetteville is rolling out two cycling tourism focused opportunities in May: o Partnering with 5 restaurants to promote bike -ability through "Dinner Roll" programming — encouraging our community and guests to take advantage of complementary Bike Valet and cycle to dinner every Tuesday in May. o Experience Fayetteville will be co -hosting a one -day complimentary Bike Friendly Bootcamp workshop for business owners to learn what it means to be a bicycle - friendly business and apply for national Bicycle -Friendly Business designation. The 45th Annual Joe Martin Stage Race returns to Fayetteville May 19th-22na o Culminates with the 4th and final stage — the "Experience Fayetteville Criterium" in Downtown Fayetteville. ■ Sunday's "Experience Fayetteville Criterium" will be internationally live streamed. To increase additional spectators and traffic to downtown, the promotor is producing a live music festival in the West & Dickson parking lot during Sunday's race. Fayetteville Town Center • Fayetteville Town Center has hosted 12 events since our last meeting. • At our two most recent events, we reached a bar revenue high for the year, averaging $4,100 in sales each event. • Business on the books continues to grow more quickly than anticipated and has prompted the hiring of additional event staff • We have continued work on the north tower repairs. Additional leakage was discovered once the roof was sealed and prompted additional work to seal the water penetration in the space. The additional work that occurred is included in the agreement from Nabholz $29,750 and the executed agreement is included in this packet. • Town Center has continued to work diligently to bring back legacy events and focus on new opportunities. We rebooked the Dream Big Gala for the Children's Safety Center after a two-year hiatus, among others. Additionally, we are focused on building sales in the associations market segment through our affiliation with the Arkansas Society of Association Executives. • Weather delayed the repairs to the plaza tiles and heating system, but Milestone has now completed the project, and the pavers, sand and heating element have all been successfully replaced. • Town Center staff has been working with Multi -Craft Contractors to determine the most appropriate repair for the Peace Fountain. We have isolated the malfunctioning part and are working with the manufacturer to get a replacement. Marketing • We will be presenting the Cyclo-Cross report in the commission meeting We will be presenting a proposal from Buxton for a subscription to gather consumer insights. HMR and Lodging Info • Occupancy March 2022: 61.4 %, a 3% increase over March prior year • Occupancy YTD 2022: 53% a 12% increase over prior YTD • ADR (Average Daily Rate) March 2022 is up 21 % over prior March, and 26% higher than prior YTD. Financial Reports • See attached memos Fayetteville, Arkansas Advertising and Promotion Commission By -Laws I. Creation and Membership of Commission Section 1. Creation of the Commission. The Fayetteville Advertising and Promotion Commission, hereafter referred to as "the Commission," has been created by and in accordance with provisions of Acts of Arkansas 185 of 1995, 123 of 1969, and 58 of 1970, codified as Arkansas Code Annotated §26-75-605 et seq., ("the Statute"); and City Ordinance No. 2310 (passed and approved March 1, 1977), which formally established the Commission. Section 2. Purpose of the Commission. To operate in accordance with all applicable laws, including without limitation the Statute and City Ordinance No. 2310, in using proceeds of the City of Fayetteville's hotel, motel, and restaurant tax ("HMR tax") to advertise and promote the City of Fayetteville and its environs and for any other lawful, appropriate purposes. Section 3. Membership of the Commission. The membership of the Commission will be composed in accordance with the Statute, and unless preempted by conflicting provisions of the Statute, the seven (7) members will include: i. Four (4) members that shall be owners or managers of businesses in the tourism industry, at least three of whom shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years; ii. Two (2) members that shall be members of the governing body of the City of Fayetteville, selected by the governing body, and shall serve at the will of the governing body; and, iii. One (1) member that shall be from the public at large and shall serve for a term of four (4) years. Section 4. Officers of the Commission. At the first meeting of each year, the Commission will elect one of its members as its Chair whose term will be for one (1) year. The Chair can be elected for succeeding terms. Section 5. Vacancies on the Commission. A vacancy in any of the tourism industry positions or in the at -large position shall be filled by appointment of the Commission with the approval of the governing body of the City of Fayetteville. A vacancy may result from the expiration of a regular term or be declared by the Chair if at any time a Commissioner resigns, dies, or is absent from three (3) consecutive meetings without just cause. II. Duties of the Commission Section 1. Essential Function. The Commission is the body that determines the use of the City of Fayetteville's advertising and promotion fund resulting from the HMR tax. Section 2. Hiring of Staff. The Commission will be responsible for the hiring, supervision, and continued employment of an Executive Director. The Commission delegates to the Executive Director all authority and responsibility necessary to properly administer the business of the Commission and its agencies, within policies set by the Commission and subject to its review, including financial policies specifically addressing spending and budgeting activities. Section 3. Regular Meetings. The Commission will hold meetings regularly on a consistent day and time, either in -person or virtually, notice of which shall be published. The time, place and method of meetings are subject to change at the discretion of the Chair, upon published notice. Section 4. Hybrid meetings. Whenever possible, in -person commission meetings will be made available for virtual attendance. Commissioners should make every effort to be present for in -person meetings. When circumstances prohibit in -person attendance, commissioners may participate virtually so long as their virtual attendance at in -person meetings does not exceed three meetings in a calendar year. Seeflo�� Section 5. Special meetings. Special meetings of the Commission may be called, for any purpose, by the Chair or any three members of the Commission at such times deemed necessary, provided: i. Advance notice, and corresponding agenda, of every special meeting of the Commission shall be distributed for each Commissioner not less than three (3) days before such meeting; and, ii. No business shall be transacted in special meetings, other than business referred to in the agenda. Section-5 Section 6. Quorum. No formal business shall be conducted without a quorum of the Commission, defined as a majority of the Commissioners. cep Section 7. Proxy. No Commissioner may vote by proxy. Se Section 8. Budget. The Commission will annually approve a budget for the operation of the Commission and its agencies. III. Reporting Section 1. Meeting Schedule. The Commission's meeting schedule will be published and accessible to the public. Section 2. Meeting Agendas. The agenda and supporting documents for meetings of the Commission will be distributed no later than three (3) business days before the scheduled meeting. Section 3. Tax Summaries. The consolidated HMR tax report summaries will be published and accessible to the public. IV. Financial Policies and Conflicts of Interest Section 1. Financial Policies. Through its Executive Director, the Commission will develop financial policies, implement financial procedures in accordance with those policies, and ensure the practices of the Commission and its agencies are carried out in accordance with those policies. Section 2. Conflict of Interest. No Commissioner may participate in, vote on, influence, or attempt to influence an official decision of the Commission, unless the pecuniary interest that may accrue to the Commissioner is incidental to their vocation or accrues to the Commissioner to no greater extent than the pecuniary interest could be foreseen to accrue to all other members of the vocation. V. Amendment of the By -Laws Amendments. Amendments to these By -Laws shall be proposed in writing at a regular meeting of the Commission and voted on at a subsequent meeting. Amendments to these By -Laws shall be effective with an affirmative vote of 2/3 of the members of the Commission. If the proposed, written amendment has been distributed to all Commissioners, a special meeting for the purpose of voting on the proposed amendment can be called after ten (10) days following distribution to the Commissioners of the proposed amendment. By majority action of the Fayetteville Advertising and Promotion Commission, these by laws as amended are approved on this 16 day of July, 2018 Matthew Petty, Chairperson 0 IrA9160 IIFAA • 1-1 5.01% 1.90% 1.50% 0 • -6.73% % change over previous year rI—A it's, 24.77% jan feb S apr I (may I jun jul I aug I sep Oct I nov I dec Monthly A&P Tax Collections 2022** S353,407] S3969004 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD CD 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LC) C9 I� 00 G) O T- N m q Ln Q0 I� 00 Cr O N CY) � L-0 C9 I- 00 6) 0 N N N N N N (Iq N N N C`) C'7 C`7 C`') C`') CY') C'7 C`7 C`') C`) 171- 34.04% -0.15% 35.69% change from 2021 28.38% -17.18% 42.55% change from 2019 ** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department. Memo P l[AY� To: Molly Rawn, CEO, Experience Fayetteville Fayetteville Advertising & Promotion Commissioners From: Jennifer Walker, VP Finance, Experience Fayetteville Date: April 10, 2022 Re: Financial Statements — March 2022 This packet contains Experience Fayetteville Financial Statements for the month ended March 31, 2022. The following reports are included in the packet: • Summary P&L Financials for month ended March 31, 2022 • Balance Sheet for month ended March 31, 2022 Target Budget March — 25% • Revenue target 25% of budget or higher by the end of March 2022. Expenditures target 25% or lower at March 2022. Total Revenue YTD: $1,061,114 or 22%; We are 3% behind target. Tax Receipts - $974,831 (under budget by 1.5% ytd) Town Center - $61,480 (note $168k+ unearned revenue on Balance Sheet) Other - $24,803 Total Operating Expenditure YTD: $810,922 or 17%; this is 8% under budget. EF Main - $639,921 Town Center - $171,002 HMR tax — YTD March Collections (February activity) were above seasonally adjusted budget expectations by 0.3%. Operating Net Income is $250,192 year to date. A cumulative financial reporting of CX funds are included in this packet. Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ March 31, 2022 CONSOLIDATED Year -to -Date Actual Budget Over/(Under) Budget %of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 974,831 4,154,500 (3,179,669) 23.5% Rental Revenue 58,404 478,800 (420,396) 12.2% Event Revenue 702 33,550 (32,848) 2.1% Visitor Center Store Revenue 22,697 42,000 (19,303) 0.0% Parking Revenue 2,320 23,000 (20,680) 10.1% Advertising Revenue 200 5,000 (4,800) 4.0% Grant/Other Revenue - 86,500 (86,500) 0.0% Interest and Investment Revenue 1,959 22,000 (20,041) 8.9% Total Revenue 1,061,114 4,845,350 (3,784,236) 21.9% Expenses Operating Expenses Rental Expenses 6,537 106,000 (99,463) 6.2% Event Expenses 3,235 88,450 (85,215) 3.7% Visitor Center & Museum Store 16,272 43,700 (27,428) 37.2% Personnel 338,399 1,439,624 (1,101,225) 23.5% Sales & Marketing 121,874 1,152,453 (1,030,579) 10.6% Office and Administrative 136,419 722,818 (586,399) 18.9% Bond Payments 175,395 707,000 (531,605) 24.8% Contribution to Capital Reserves - 100,000 (100,000) 0.0% Other grants 7,300 155,600 (148,300) 4.7% Mobile VC 5,493 35,000 (29,507) 15.7% TheatreSquared Contribution - 200,000 (200,000) 0.0% Total Operating Expenses 810,922 4,750,645 (3,939,723) 17.1% Net Operating Income/(Loss) 250,192 94,705 155,487 0.0% Other Income Unrealized Gain/(Loss) on Investments 26,892 0.0% Other Expenses FIFE & Improvements 117,506 595,000 (477,494) 19.7% Depreciation Expense 33,369 0.0% Cost of Goods Sold (647) 0.0% Net Income/(Loss) (without Cyclocross Grants) 126,857 (500,295) 600,260 -25.4% Net Income/(Loss) for Cyclocross Events (458,577) Total Net Income/(Loss) (331,720) Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ March 31, 2022 Experience Fayetteville Year -to -Date Actual Budget Over/(Under) Budget % of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 974,831 4,154,500 (3,179,669) 23.5% Rental and Event Revenue - 44,350 (44,350) 0.0% Visitor Center Store Revenue 22,697 42,000 (19,303) 54.0% Advertising Revenue 200 5,000 (4,800) 0.0% Grant Revenue (Cycling Coord / DSAC) - 86,500 (86,500) 0.0% Interest and Investment Revenue 1,906 19,000 (17,094) 10.0% Total Revenue 999,634 4,351,350 (3,351,716) 23.0% Expenses Operating Expenses Event Expenses 1,653 88,450 (86,797) 1.9% Visitor Center & Museum Store 16,272 43,700 (27,428) 37.2% Personnel 244,551 1,020,194 (775,643) 24.0% Sales & Marketing 117,864 1,126,353 (1,008,489) 10.5% Office and Administrative 71,394 379,523 (308,129) 18.8% Bond Payments 175,395 707,000 (531,605) 24.8% Contribution to Capital Reserve - 100,000 (100,000) 0.0% Other Grants 7,300 155,600 (148,300) 0.0% Mobile VC 5,493 35,000 (29,507) 0.0% TheatreSquared Contribution - 200,000 (200,000) 0.0% Total Operating Expenses 639,921 3,855,820 (3,215,899) 16.6% Net Income/(Loss) Before Other Revenue and Expenses 359,713 495,530 (135,817) 72.6% Other Income Unrealized Gain/(Loss) on Investments 26,892 - 26,892 0.0% Other Expenses FFE & Improvements - 90,000 (90,000) 0.0% Depreciation Expense 18,833 Cost of Goods Sold (647) Net Income/(Loss) 368,419 405,530 (64,003) 90.8% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ March 31, 2022 Town Center Year -to -Date Actual Budget Over/(Under) Budget o of Budget / Revenue Rental Revenue 58,404 468,000 (409,596) 12.5% Event Revenue 702 - 702 0.0% Parking Revenue 2,320 23,000 (20,680) 10.1% Interest and Investment Revenue 54 3,000 (2,946) 0.0% Total Revenue 61,480 494,000 (432,520) 12.4% Expenses Operating Expenses Rental Expenses 6,537 106,000 (99,463) 6.2% Event Expenses 1,582 - 1,582 0.0% Personnel 93,848 419,430 (325,582) 22.4% Sales & Marketing 4,010 26,100 (22,090) 15.4% Office and Administrative 65,024 343,295 (278,271) 18.9% Total Operating Expenses 171,002 894,825 (723,823) 19.1% Net Income/(Loss) Before Other Revenue and Expenses (109,522) (400,825) 291,304 27.3% Other Expenses FFE & Improvements 117,506 505,000 (387,494) 76.7% Depreciation Expense 14,535 Net Income/(Loss) (241,562) (905,825) 664,263 26.7% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ March 31, 2022 Cyclocross Events Year -to -Date Actual Budget Over/(Under) Budget o / of Budget Revenue Other Revenue Cyclocross Grant Funds - - - 0.0% Cyclocross Events Revenue 1,147,071 300,000 847,071 382.4% Interest and Investment Revenue 1,039 - 1,039 0.0% Total Revenue 1,148,110 300,000 848,110 382.7% Expenses Operating Expenses Contract Labor - - 0.0% Marketing - 0.0% Office and Administrative Expenses - 0.0% Cyclocross Events 1,606,688 1,715,000 (108,312) 93.7% Total Operating Expenses 1,606,688 1,715,000 (108,312) 93.7% Net Income/(Loss) (458,577) (1,415,000) 956,423 32.4% Grant Carry -Forward 1,541,067 Cumulative Net Income / (Loss) 1,082,490 Note: this is the March 2022 financial report. A cumulative financial report is presented separately. Fayetteville A&P Commission Balance Sheet As of March 31, 2022 ASSETS Current Assets Cash 3,180,182 Investments 1,232,549 Accounts Receivable 411,618 Prepaid Expenses 39,503 Deposits 30,617 Visitors Guide Trade 3,052 Inventory Asset 20,480 Total Current Assets 4,918,003 Other Assets Capital Assets Furniture & Fixtures 96,641 Equipment 641,976 EF/CVB Building 940,410 EF/CVB Land 198,621 Building Additions 971,952 Walker -Stone House 1,167,218 Construction in Progress 27,109 Accumulated Depreciation (1,399,802) Total Other Assets 2,644,124 TOTAL ASSETS 7,562,127 LIABILITIES AND EQUITY Current Liabilities Accounts Payable 62,378 Unearned Revenue 168,400 Total Liabilities 230,778 Equity Unreserved Fund Balance 4,223,172 Operating Reserve 1,000,000 Capital Reserve 2,000,000 Temporarily Restricted Funds 439,895 Net Revenue Gain/(Loss) on Investments 26,892 Net Revenue without Cyclocross 99,965 Net Revenue for Cyclocross (458,574) (331,718) Total Equity 7,331,349 TOTAL LIABILITIES AND EQUITY 7,562,127 Memo UFA To: Fayetteville Advertising & Promotion Commissioners Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission From: Jennifer Walker, VP Finance, Experience Fayetteville Date: April 12, 2022 Re: Summary of Cyclo-cross Expenses Nov 2021 — Mar 2022 In July 2021, the Commission approved a limited amendment to Experience Fayetteville financial policies for the presentation of Cyclo-cross Grant Funded Vendor Payments in a batch presentation after each event. The UCI Cyclo-cross World Cup event was held in Fayetteville, AR on October 13, 2021 and the Walmart UCI Cyclo-cross World Championship event was held on January 28-30, 2022. The following financial reports are attached: 1) Cumulative financial report showing Incoming and Outgoing use of funds for the WPPG grant and total Cyclo-cross project. 2) A Vendor Payment report for payments totaling more than $20,000. Note this report was previously provided and approved by vote at the November 2021 Commission meeting. This report includes all payments since that first report. Staff Recommendation: A vote approving the payments in the attached report for Vendors paid more than $20,000. Inflows ITEM GRANTFUNDS NON GRANT PROJECTTOTAL WPPG Grant $3,735,000 $0 $3,735,000 Rapha Grant $150,000 $0 $150,000 Sponsors $0 $387,500 $387,500 Ticket Revenue $0 $556,533 $556,533 Other Event Revenue $0 $96,494 $96,494 Total Inflows $3,885,000 $1,040,527 $4,925,527 Outflows ITEM GRANT FUNDS NON GRANT PROJECTTOTAL Race Production $1,335,263 $0 $1,335,263 Race Director $690,625 $0 $690,625 Race Fees and Prizes $561,694 $0 $561,694 Race Operations $528,841 $0 $528,841 Fan Engagement $412,296 $0 $412,296 Marketing $103,997 $136,248 $240,245 Other $83,559 $0 $83,559 Indirect /Overhead $168,725 $15,512 $184,237 Total Outflows $3,885,000 $151,760 $4,036,760 Net Funds $0 $888,767 $888,767 Summary of Cyclo-Cross Spending Payments to vendors greater than $20,000 October 2021 through April 2022 Avad3 Event Production LLC Avis Rent-A-Car Contractors Portables Inc Crossland Construction Co Inc Flying Fish Productions Inc Lighting and Sound Ground Travel Bathrooms Race Production TV Production Graduate Fayetteville Lodging Hilton Garden Inn Lodging Holiday Inn Express. Lodging Homewood Suites Lodging Hugg & Hall Equipment Co Equipment Rental Insane Impact LLC TV Rentals Intents Party Rentals Keystone Technologies MCQ Enterprises Corporation Medalist Sports LLC Orange Guy Inc Ozark Regional Transit Safe Way Consulting & Event Staffing Sells Agency, Inc. Staybridge Suites The Event Group Union Cycliste Internationale Vision Screen Printing & Graphics Williams Scotsman Inc Tent Rentals Internet/Wifi Hospitality Race Director Fencing Shuttles Security Marketing Lodging Hospitality Rights Fees Signage Trailers $65,172 $32,622 $21,643 $37,329 $430,000 $34,033 $20,835 $30,522 $22,598 $86,355 $39,775 $76,268 $34,620 $264,479 $185,290 $30,500 $62,398 $41,939 $120,225 $25,107 $35,953 $150,035 $55,607 $30,269 E Memo x P[AY� To: Molly Rawn, CEO, Fayetteville Advertising & Promotion Commission Fayetteville Advertising & Promotion Commissioners From: Jennifer Walker, VP Finance, Fayetteville Advertising and Promotion Commission Date: April 20, 2022 Re: Emergency Work Order Notification — work added to original project previously approved Background: Fayetteville Advertising and Promotion Commission contracted with Nabholz Construction in July 2021 to perform Fayetteville Town Center Roof, Window and Drywall repairs. The original contract is valued at $54,900. During the project, additional waterproofing repairs were identified. The Town Center General Manager sought quotes for the work to ensure fair pricing and determined Nabholz provided the lowest cost estimate for these repairs. To complete the repairs in a cost-effective manner, an additional emergency work order was required to complete the necessary work, and authorized by the CEO. The additional contracted work is attached for the Commission's review. This contract is valued at $29,750. �w u�rrr 1 CONSTRUCTION SERVICES Proposal Number: 21-5894-22 Revision: 1 Lump Sum Proposal / Agreement Proposal For: Miletus Callahan-Barile Fayetteville Town Center P.O. Box 4157 Fayetteville, Arkansas, United States 72701 E-mail: miletus@twncenter.com Project Information: Project Title: Fayetteville Town Center Waterproofing Location: Proposal Number: 21-5894-22 Revision: 1 Proposal Date: 03/03/2022 Nabholz Construction Services ("Nabholz") is pleased to submit this Lump Sum Proposal/Agreement (inclusive of the General Terms and Conditions attached hereto) ("Agreement") for the above referenced project. This pricing is valid for 15 day(s). If acceptable, please sign where indicated, date and fax (or return) a copy to Nabholz. Thank you for the opportunity to be of service. The pricing and terms of the Agreement are confidential. SCOPE OF WORK is based on our site visit and as clarified below. Nabholz shall furnish all labor, materials and equipment unless otherwise noted, for the following specific scope of work: 1. Provide crane and flagger for duration of the resealing project 2. Provide road/lane closure permit from the city for duration of the project 3. Provide barriers and signage as needed to block the street for crane set up 4. Provide perimeter sealant around all windows located at the Tower sectio 5. Price includes only perimeter sealant of the windows to the masonry 6. This doesn't include any sealant within the system EXCLUSIONS from the scope of work in this proposal are as follows: 1. Proposal is based on competitive industry rates. Certified Payroll, Davis -Bacon or Prevailing Wages are not included. 2. Excludes any item not specifically called out in the scope 3. Any item discovered during the course of the work not specifically addressed will be subject to additional charges. 4. A clean clear work area must be provided for Nabholz craftsmen, Subcontractors, and the use of mobile equipment. 5. Damage, repair, or relocation of unforseen underground utilities. 6. Damage to paving due to normal construction traffic SCHEDULE for the above scope of work ("Work"), is based o Nabholz Normal Working Hours and Work Days, and shall not exceed N/A work days from the project start date. Unless otherwise agreed, Normal Working Hours and Work Days are defined as Monday through Friday, 7 a.m. — 3:30 p.m. Upon receipt of your written acceptance of this proposal and receipt of applicable permits and governmental approvals, up to 15 work days shall be required as lead time prior to the project start date. If Nabholz is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, or of an employee, or separate contractor or designer employed by the Owner; or by changes ordered in the Work, or by labor disputes, fire, weather, access to work areas, unusual delay in deliveries, unavoidable casualties or other causes beyond the control of Nabholz; or by delay authorized by the Owner; or by other causes which may justify delay in the Owner's reasonable discretion, then the Schedule shall be extended and additional general conditions costs resulting from the delay shall be paid by Owner. PAYMENT TERMS for this proposal shall be based on monthly progress invoices, no retainage withheld, submitted by Nabholz with payments due in full no later than 30 day(s) from the invoice date. 3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com Page 1 This page contains information Nabholz deems trade secret, proprietary or otherwise confidential and exempt from disclosure to third parties. Such information is also designated as excepted from disclosure under applicable Freedom of Information Act(s) for publicly funded projects. © 2015 Nabholz Construction Corp Fayetteville Town Center Proposal Number: 21-5894-22 Miletus Callahan-Barile Revision: 1 LUMP SUM PRICE OF THIS PROPOSAL $29,750.00 3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com Page 2 This page contains information Nabholz deems trade secret, proprietary or otherwise confidential and exempt from disclosure to third parties. Such information is also designated as excepted from disclosure under applicable Freedom of Information Act(s) for publicly funded projects. © 2015 Nabholz Construction Corp Fayetteville Town Center Miletus Callahan-Barile Proposal Number: 21-5894-22 Revision: 1 LUMP SUM PROPOSAL/AGREEMENT GENERAL TERMS AND CONDITIONS Agreement For: Project Information: Fayetteville Town Center Project Title: Fayetteville Town Center Waterproofing Contract Documents: Upon execution of this Agreement by the Owner or commencement of Work, whichever occurs first, this Lump Sum Proposal/Agreement ("Agreement"), shall constitute the Contract Documents and shall govern the rights of the parties hereto. In the event of any inconsistencies this Agreement shall control. Scope of the Work: shall be per the Contract Documents and shall constitute the "Work". Nabholz shall exercise the degree of care, skill and diligence in the performance of the Work, to assure its Work is performed in a good and workmanlike manner, consistent with construction industry standards for similar projects and circumstances in the same geographic area (hereinafter the "Standard of Care"). Nabholz shall have responsibility and control over the performance of the Work, including construction methods, techniques, manner, and sequences for coordinating and completing the various portions of the Work. Nabholz' Standard of Care specifically excludes any design or design -related responsibilities, and any action taken by Nabholz under this Agreement does not and shall not be construed to approve, represent or warrant the adequacy and suitability of the plans and specifications for the purpose for which they are provided. Owner expressly warrants that any plans, drawings, specifications, surveys, soil test and reports, and hazardous material studies furnished by the Owner are true, correct and complete; and Nabholz is entitled to rely upon the adequacy, accuracy and completeness of such documents. Payment: Owner agrees to pay Nabholz for the performance of the Work, subject to additive or deductive modifications requested by the Owner. Payments are due in full no later than 30 days from the invoice date. Payments due and unpaid invoices shall bear interest at the rate of six percent (6%) per annum or highest rate allowed by law, whichever is less. Final Payment shall be due when the Work is completed, and final invoice is submitted. IMPORTANT NOTICE TO OWNER: IF BILLS FOR LABOR, SERVICES, OR MATERIALS USED TO CONSTRUCT OR PROVIDE SERVICES FOR AN IMPROVEMENT TO REAL ESTATE ARE NOT PAID IN FULL, A CONSTRUCTION LIEN MAY BE PLACED AGAINST THE PROPERTY. THIS COULD RESULT IN THE LOSS, THROUGH FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR REAL ESTATE BEING IMPROVED. THIS MAY OCCUR EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY PAYING THE ABOVE NAMED PROVIDER OF LABOR, SERVICES, OR MATERIALS DIRECTLY, OR MAKING YOUR CHECK PAYABLE TO THE ABOVE NAMED PROVIDER AND CONTRACTOR JOINTLY. Insurance & Waiver of Subrogation: Nabholz shall maintain insurance for Workers' Compensation, Builders Risk, Employer's Liability, Comprehensive Automobile Liability, and Comprehensive or Commercial General Liability on an occurrence basis. Owner and Nabholz waive all rights against each other and any of their subcontractors, sub -subcontractors, agents, and employees, each of the other, for damages caused by fire or other causes of loss, to the extent those losses are covered by insurance required by the Agreement or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance. The policies of insurance purchased and maintained by Owner and Nabholz shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to an Owner and Nabholz (1) even though the party would otherwise have a duty of indemnification, contractual or otherwise, (2) even though the party did not pay the insurance premium directly or indirectly, or (3) whether or not the party had an insurable interest in the damaged property. Disputes: If a dispute arises out of or relates to this Agreement, including the breach thereof, the parties shall first attempt to settle the dispute through direct discussions, then by mediation as a condition precedent to binding arbitration. Unless parties mutually agree otherwise, mediation shall be conducted in accordance with the current Construction Mediation Rules of the American Arbitration Association (AAA). Disputes not resolved by discussion or mediation shall be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The arbitration shall be held in the county and state in which the Project is located unless otherwise agreed in writing. Termination: Owner and Nabholz may terminate this Agreement only in the event of a material breach and only after providing ten (10) calendar days prior written notice to the address stated herein (i) delivered by facsimile or electronic mail, provided sender can provide evidence of successful transmission and that such day is a business day, or (ii) by registered or certified U.S. Mail, return receipt requested. In the event either party fails to cure or fails to diligently commence to cure an alleged material default to the reasonable satisfaction of the non -defaulting party within ten (10) calendar days of receipt of such written notice, the non - defaulting party may terminate this Agreement. Notwithstanding, Nabholz may terminate this Agreement upon ten (10) days prior written notice to Owner if the Work is stopped for a period of 120 consecutive days through no act or fault of Nabholz, including but not limited to when the Work is stopped due to an order of a court or other public authority having jurisdiction, actions by government agencies, or declaration of a national emergency. 3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com Page 3 This page contains information Nabholz deems trade secret, proprietary or otherwise confidential and exempt from disclosure to third parties. Such information is also designated as excepted from disclosure under applicable Freedom of Information Act(s) for publicly funded projects. © 2015 Nabholz Construction Corp Fayetteville Town Center Miletus Callahan-Barile Proposal Number: 21-5894-22 Revision: 1 Exclusion of Warranties: NABHOLZ MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. ALL IMPLIED COVENANTS ARE HEREBY WAIVED. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Miscellaneous: This Agreement is severable, and any part deemed unenforceable shall not render the remaining part unenforceable. All covenants of the Agreement shall be subject to all federal and state laws, executive orders, rules, or regulations, and this Agreement shall not be terminated, in whole or in part, nor the parties held liable in damages, for failure to comply therewith, if compliance is prevented by, or if such failure is the result of any such law, order, rule, or regulation or acts of God. Notwithstanding, Nabholz will be entitled to an extension of the time to complete its Work and an equitable adjustment of the contract Price, due to labor shortages, material escalation, or otherwise, for the performance of Nabholz' Work due to events and conditions beyond Nabholz' control, including but not limited to direct and indirect impacts from the Coronavirus pandemic, epidemics, and actions by government agencies. Nabholz will employ efforts to mitigate such delays and increased costs, in consultation with Owner, and will provide updates to Owner as to any time or cost impacts resulting from this provision. Disputes as to the entitlement of extensions of time to complete the Work or increases in the contract Price shall be resolved pursuant to the Disputes provisions of this Agreement. In the event of an Owner -related or third -party union -related dispute or activities on or near the Project, not directly involving Nabholz or its Subcontractors, affecting the schedule or cost of the Project, Owner shall agree to an equitable adjustment of the schedule and cost by Change Order and take all appropriate actions to assure the Work is not disrupted. This Agreement is intended to be the final expression of the parties, and there are no other written or oral agreements relating to the subject thereof. This Agreement may only be amended by a further written agreement signed by both parties. This Proposal/Agreement, when signed by both parties, constitutes the entire agreement and contract between the parties for the performance of the Work described in this Proposal. Faxes of signed Proposal/Agreement are acceptable. As proof of such Agreement, Owner is hereby notified of Nabholz's objection to any terms inconsistent herewith and to any additional terms proposed by Owner in accepting or acknowledging this Proposal/Agreement or otherwise and such terms shall not become a part of this Agreement unless accepted in writing by Nabholz. Neither Nabholz's subsequent lack of objection to any such terms, nor the beginning of Work shall constitute or be deemed an agreement by Nabholz to any such terms. Nabholz will not be responsible for consequential damages of any type under any circumstances. Unless otherwise noted in the Proposal, Nabholz excludes performance and payment bonds; rock excavation; asbestos or any other hazardous material removal, disposal, or encapsulation; services of licensed professionals such as attorneys, architects, or engineers; costs for the after -hour work, shift work, weekend or holiday work. Market Fluctuations: The price is based on material prices at the time of the Proposal. Any significant price increase (meaning a price increase exceeding 5%) in materials necessary to perform the Work, that occur after the date of this Proposal, shall cause the contract Price to be adjusted by an amount reasonably necessary to cover any increase in costs or to pay for an acceptable substitute and associated costs. Price increases shall be documented through quotes, invoices, or receipts. Nabholz will not be liable for additional costs or damages associated with delays in material deliveries not occasioned by the fault of Nabholz. EEO: Nabholz complies with both Federal and State laws pertaining to Equal Employment Opportunity (EEO) and does not discriminate in employment opportunities or practices on the basis of race, color, religion, sex, national origin, age (except as otherwise required by child labor statutes), disability, genetic information, sexual orientation, gender identity, veteran status, or any other characteristic protected by law. Additional Work: Unless otherwise provided in writing between the parties, any additional work requested directed by Owner or its representative(s) shall be governed by the General Terms and Conditions of this Agreement. Confidential & Competitive Information: Owner acknowledges that certain information provided to it by Nabholz contains information deemed trade secret, proprietary or otherwise confidential. Such information includes but is not limited to Nabholz' research, development, methods, processes, techniques, operations, computer programs; pricing/price modeling, and financial data of Nabholz, its related companies, for payment, change orders, or commercial information, including value engineering and constructability studies; current and prospective clients, subcontractors, and/or competitors; and proposals. Recipient acknowledges the value of such information to Nabholz and agrees to use reasonable diligence in protecting this information from unauthorized disclosures to third parties (excluding any governmental regulatory bodies entitled to access such information by law, or Recipient's parent, subsidiary or affiliated companies, or Recipient's auditors or lenders to the extent such disclosure is necessary). The Recipient agrees it shall not use the information provided in this proposal, in whole or part, for any purpose other than to evaluate the proposal, except that if a contract is awarded to Nabholz as a result of or in connection with the submission of the proposal, Recipient may use the information to the extent provided and consistent with the terms and conditions stated in the contract. Governing Law: This Proposal/Agreement shall be construed, and its performance governed, by the laws of the state in which the Work is performed. 3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 1 Fax: 479-621-8089 1 www.nabholz.com Page 4 This page contains information Nabholz deems trade secret, proprietary or otherwise confidential and exempt from disclosure to third parties. Such information is also designated as excepted from disclosure under applicable Freedom of Information Act(s) for publicly funded projects. © 2015 Nabholz Construction Corp Fayetteville Town Center Miletus Callahan-Barile Respectfully Submitted: James Scantlin Project Manager Nabholz Construction Services Proposal Number: 21-5894-22 Revision: 1 Accepted by Acceptance Date: ,3aa- Desired Project Start 4� 4 s� 3301 North Second Street Rogers, Arkansas 72756 1 Phone: 479-659-7802 i Fax: 479-621-8089 1 www.nabholz.com Page 5 This page contains information Nabholz deems trade secret, proprietary or otherwise confidential and exempt from disclosure to third parties. Such information is also designated as excepted from disclosure under applicable Freedom of Information Act(s) for publicly funded projects. ® 2015 Nabholz Construction Corp Memo EFAY To: Fayetteville Advertising & Promotion Commissioners From: Tyler Wilson, General Manager, Fayetteville Town Center Miletus Callahan-Barile, Facilities Manager, Fayetteville Town Center Date: April 20, 2022 Re: RTU 2 Unit Replacement at Fayetteville Town Center Background: Upon inspection, Fayetteville Town Center must replace the RTU 2 HVAC unit. The current quote from Multi -Craft Contractors includes complete turnkey install of the new unit and removal of the malfunctioning unit. This quote also includes a hail guard and heat pump. Cost: The projected cost is $54,585. This capital expense was included in the 2022 approved annual budget. Recommendation: It is the staff recommendation that the commission accept the $54,585 quote from Multi -craft contractors. April, 14 2022 Fayetteville Town Center RE: RTU 2, HP, RTU 1 Hail Guards if approved together MCC _'11 MULTI -CRAFT CONTRACTORS, INC. From Concept to Complednn ■ Quote: 12SO4141212 Attn: Mr. Miletus Callahan-Barile PH: PH: 479-935-4551 miletus@twncenter.com The Service division of Multi -Craft Contractors, Inc. is pleased to present the following proposal. Scope of work: RTU 2_15 ton • Complete JSA (Job Site Safety Analysis) before work begins. • Disable and Lock Out corresponding electrical circuit. • Provide necessary permits for closing off of South Block Ave for crane access. • Provide hauling, crane, and rigging req's for removing and installing of RTU 3 (Trane like for like). • Disconnect electrical, plumbing, and controls; remove and dispose of unit per EPA standards. • Provide and install NEW 15 ton ton Rooftop unit. • Provide and install new electrical disconnect. • Provide and install and configure factory economizer sectional option. • Provide and install factory condensing coil hail guards option. • Provide all material(s) and component(s) to connect all necessary controls, electrical, and plumbing services. • Return RTU electrical service perform startup and verify proper equipment and control(s) operation(s). • Integrate NEW RTU 3 into BMS and verify all proper operation. Scope of work: Heat Pump System_5 ton • Complete JSA (Job Site Safety Analysis) before work begins. • Disable and Lock Out corresponding electrical circuit. • Demo existing equipment and haul off per EPA guidelines. • Provide and install NEW Heat Pump outdoor unit. • Provide and install NEW Air Handler with electrical heat strip option. • Provide all labor and materials for necessary duct transitions. • Provide labor and materials to repair ceiling tile grid as needed. • Provide all labor and materials for converting/flushing/cleaning existing refrigerant lines to NEW refrigerant type. • Return Heat Pump electrical/piping/plumbing service(s), perform startup and verify proper equipment and control(s) operation(s). Scope of work: RTU 1 Hail Guards install • Complete JSA (Job Site Safety Analysis) before work begins. • Provide and install factory hail guard assemblies. a HI Ff�TWIf'61 a h.A11 I MiWif;HT a L"RnTlf'C a CHFFT EAFT61 a P.8RQ1f'4T1"K1 a Hi?Of'Q a Exclusions: • Any scopes/repairs/replacements not stated above are not included. Warranty: • RTU and Equipment to come with standard manufacturer warranty. MCC to provide 1 year labor warranty Parts and Materials: $ 35,116.00 plus applicable taxes Labor: $ 9,507.00 External Ceiling grid: $ 2,000.00 plus applicable taxes Crane/rentals/permits: $ 3,000.00 plus applicable taxes Price Before tax: $ 49,623.00 Total Price: $ 54,585.00 all taxes included This price is based upon all work being performed during normal daytime business hours. Above stated price is valid through May 14, 2021. We appreciate this opportunity to be of service to you. If you have any questions, please contact us. Sincerely, Tony Chavez Project Manager Multi -Craft Contractors, Inc. Office: (479) 751-7411 Cell: (479) 236-8443 Notice to Proceed Please provide written acceptance of this proposal via approval signature below, or purchase order referencing the proposal number herein. Payment Terms On contracts exceeding $5,000, a 25% down payment will be required upon acceptance. Monthly progress payments may be required depending on the length of the project at MCC's discretion. Progress payments will not exceed 90% of the total contract amount. The final 10% will be invoiced upon completion. Purchaser agrees to pay Multi -Craft Contractors, Inc. (MCC) for the performance of the work as set forth herein, subject to revision via written change orders signed by both parties. Credit card payments will be subject to added 3% convenience fee. Payments due in full no later than 30 days from invoice date. Payments due and invoices unpaid shall bear interest at the maximum lawful rate. Terms as follows: • Balance due net 30 days Warranty and Exclusions A. Customer will provide and permit reasonable access to all necessary areas. MCC will be allowed to start and stop equipment as necessary to perform its services and be permitted access to existing facilities and building services covered under this Agreement. B. In the unlikely event of failure to perform its obligations, MCC's liability is limited to repair or replacement at its option. Under no circumstances will MCC be responsible for loss of use, loss of profits, or increased operating claims of the customer, or any special, indirect or consequential damages. C. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, etc. It does not include responsibility for system, equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s). D. MCC will not be liable for delays or failure to obligate due to fire, flood, freezing, unavailability of material, riots, acts of God, or any cause beyond reasonable control. E. This agreement does not include any services occasioned by improper operation, negligence except the negligence of MCC, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by MCC. Also excluded is the furnishing of materials and supplies for painting or refurbishing equipment. F. MCC shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal, State, Municipal or other authorities except as otherwise included in this Agreement. G. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and defending the claim, as the case may be. H. MCC shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. MCC shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement. MCC shall not be held liable for any loss by reason of delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or agency. I. In the event of additional freight, labor, or material costs resulting from the customer's request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, the customer agrees to pay these additional costs. J. MCC's service shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event MCC encounters such material in performing its work, MCC will have the right to discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists. K. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced. L. This agreement does not include the disposal of hazardous waste. Any charges incurred for their proper disposal will be borne by the customer as an extra to the contract price. Disputes Disputes arising out of or in relation to this document that cannot be resolved first through direct discussion between parties involved, shall be decided by arbitration at the location of the project or Multi -Craft Contractors Inc.'s office at Multi -Craft Contractors Inc.'s discretion, and shall be governed by Arkansas law. This agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable. Authorized Purchaser & Title Acceptance Date Purchase Order Number Fayetteville Town Center 12SO4141212 If accepted please sign and fax to 479-751-0316 Page 3 of 3 Initials Memo To: Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission; Fayetteville Advertising and Promotion Commissioners From: Tyler Wilson, General Manager, Fayetteville Town Center Miletus Callahan-Barile, Facilities Manager, Fayetteville Town Center Date: April 25, 2022 Re: Interior door replacement at Fayetteville Town Center Background: The life cycle of the FTC interior doors and mechanisms has reached its completion. Multiple interior entries have functionality issues as well as cosmetic damage. Town Center staff solicited three quotes for door replacement. The project requires two separate vendors: one for materials and one for installation and removal. Cost: The total projected cost of this project is $136,525. This capital expense was included in the 2022 approved annual budget. Recommendation: It is the recommendation of the facilities manager, The Fayetteville Town Center General Manager, and the CEO that the commission accept the $108,910 materials quote from Felix Thomson Company and the $27,615 quote from David Tipton. FELIX THOMSON FELIX THOMSON COMPANY Building Specialties Est. 1951 2101 S. Arkhola Drive Springdale, AR. 72764 Phone: 479-756-1000 Fax: 479-756-1044 ROJECT: FAYETTEVILLE TOWN CENTER I LOCATION: FAYETTEVILLE, AR (PHONE: ARCHITECT: TTN PRICING SHOWN BELOW IS GUARANTEED FOR 30 DAYS. DUE TO CURRENT INSTABILITY IN MATERIAL COSTS, ANY PURCHASE ORDER ISSUED AFTER THAT TIME WILL BE SUBJECT TO REVISION AND A NEW QUOTE MAY BE ISSUED AND WILL NEED TO BE ACCEPTED BEFORE WE CAN PROCEED. TO AVOID ANY POTENTIAL PRICE INCREASES, WE RESERVE THE RIGHT TO ORDER AND STORE MATERIAL IN OUR WAREHOUSE AND TO BILL FOR SAID STORED MATERIAL IF REQUESTED SHIP DATES ARE MORE THAN 6 MONTHS AFTER RECEIPT OF APPROVED SUBMITTALS. LEAD TIMES LISTED BELOW ARE CURRENT AS OF THIS DATE. DUE TO ONGOING MATERIAL SHORTAGES AND SHIPPING DELAYS, LEAD TIMES MAY VARY AND CANNOT, AT THIS TIME, BE GUARANTEED. FINISH HARDWARE.............................................................................................................. $56,550.00 + TAX NOTE: PRICE BASED ON OUR INTERPRETATION USING FALCON MORTISE LOCKS, YALE EXIT DEVICES, LCN CLOSERS, AND ROCKWOOD ACCESSORIES NOTE: ALL HARDWARE IN OR MATCHING BRUSHED CHROME FINISH NOTE: CURRENT LEAD TIME IS 6-8 WEEKS AFTER APPROVALS WOOD DOORS(PRE-MACHINED)......................................................................................... $52,360.00 + TAX 37-DOOR LEAVES NOTE: PRICE BASED ON ROTARY WHITE BIRCH PRE -FINISHED IN CUSTOM COLOR FACTORY FINISH NOTE: WE EXCLUDE GLASS AND GLAZING NOTE: CURRENT LEAD TIME IS 15-17 WEEKS AFTER APPROVALS We recognize Addendum Number(s) 0 Page 1 of 1 The above prices are valid for 30 days from the date listed, after which time they may be subject to revision. All prices are F.O.B. shipping point, with freight allowed to the jobsite unless otherwise indicated. Any delivery by Felix Thomson Company truck will be TAIL GATE only to one jobsite location with all unloading by others. Quoted prices DO NOT include tax or installation unless specifically listed. We cannot accept liability or failure due to manufacturing issues or other causes beyond our control. Lead time for submittals is two weeks after receipt of formal purchase order. Prices are subject to review if approvals are held for over thirty days after submittal or if any requested information to process the order is not provided in a timely manner. Felix Thomson Company will not accept any back charges unless authorized in writing. Accepted: Felix Thomson Company By: Date: Jordan Wallace Date: Thursday April 07, 2022 Tipton Construction Quality Contracting Proposal Submitted To: Town Center Street Address: City State & Zip: Fayetteville AR Proposal RE: Town center door replacement - Fayetteville AR Install the following 35 new wood doors with finish hardware to replace existing doors Demo is included 9 pairs to get new doors,automatic closers, continious hinges, edge guards kickplates,floor stops,threshold and reuse existing vert. rod panic devices 2 pairs to get new doors, closers, dead bolt, push/pull, continious hinges floor stops and kickplates 1 pair to get new doors, hinges,push/pull, deadbolt, floor stop,kickplates and closers. 11 single doors to get new doors, hinges, closers, kickplates and reuse existing lock or panic device Bid details: doors to be staged in back hallway area, demo and reinstall to take place at the same time, dumpster provided on lower level with freight elevator access, if existing panic device hardware is unuseable a charge for fitting new hardware will be accessed. Total: $ 27,615.00 Addendas noted: none Exclusions: Signature: David Tipton Confidentiality Notice: this proposal, including any attachments, is for the sole use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. This proposal expires in 30 days. 7391 Bellgrove Ave Springdale AR 72762 Cell (479) 530-3533 Fax 479-203-6041 Memo To: Fayetteville Advertising & Promotion Commissioners From: Molly Rawn, CEO, Experience Fayetteville Date: April 20, 2022 Re: Subscription to Buxton Platform Background: PAY Experience Fayetteville would benefit from more visitor insight and the ability to make more data driven decisions. Buxton offers a platform with two components — SCOUT and Mobilytics - that will allow us to see our visitor profiles; who our visitors are, where they are coming from, and when they are visiting. This tool will allow us to track visitor volume over time as well as visitation patterns for specific locations and destinations. This data will then inform decisions regarding events and festivals, future promotions and campaigns, and media buys. Cost: $25,000 for a 12-month subscription. Recommendation: The CEO recommends signing the agreement with Buxton and funding the expense from the available fund balance. This will be reflected in the budget revision presented to the commission in May or June. 6ovnsume Package ®a • o.�:.•ae '" � a�e�� v�6�. � v o�A ,yam • . 0 e . �� .�• e � �. ®- -o,xs , ems. r..�o ��``" �� o ono Posy ot•�� - SM Or Prepared by Ryan Shelburne I Expires 4/30/2022 Proposal The Buxton Difference Decades of Experience. One Powerful Platform. With more than two decades of experience developing analytics solutions for clients in both the private and public sector, Buxton is on a mission to revolutionize the way businesses and communities understand their consumers and make decisions. Today, we've distilled our data, insights, and experience into powerful technology designed to give you the tools you need to answer your most important tourism and development questions. Empower your community leaders with data visualization, reporting, and tools to guide your strategic decision -making processes. Your P—T LSite Ya Po[ Ud Site 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com buxtm The American Rescue Plan Act (ARPA) The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), part of the American Rescue Plan Act (ARPA), delivers funds to state, local, and Tribal governments across the country. These funds must be used on or after March 3, 2021, obligated by December 31, 2024, and expended by December 31, 2026. How Communities Can Use the Federal Funds The federal government has stipulated that municipalities and counties, as well as their non-profit partners, can use the ARPA funds to support the following four categories impacted by COVID-19: small businesses, hospitality, travel, and tourism. Additionally, the funds can be used to implement economic relief programs by investing in data analysis, targeted outreach, technology infrastructure, and evaluation and evidence resources, as well as capacity building resources, such as consultants. How Buxton's Technology Meets the Federal Guidelines Buxton's public sector technology is a qualified tool that cities can purchase with funds from the ARPA to guide their economic recovery efforts. More specifically, the applications within the Buxton Platform, such as SCOUT, Mobilytics, and Match, provide the evaluation, evidence, and data analysis resources that you need to help small businesses, hospitality, travel, and tourism, as well as help with economic recovery. Using the SCOUT Application SCOUT includes a suite of standard reports on consumer demographics, lifestyles, and more. This tool enables users to gather, assess, share, and use data to help small businesses, representatives of key industries, and local government leaders to make informed economic development decisions. Using the Mobilytics Application Mobilytics can help communities evaluate the composition and volume of visitors in any area of your community over any time period, providing insights into pre- and post -pandemic consumer trends for your downtown, business districts, key tourist attractions, and more. Communities can also include or exclude visitors based on distance from home to understand non-resident consumers and improve tourism marketing strategies. Additionally, Mobilytics reports can be offered as a resource to small businesses to give them the local market knowledge necessary to revise their business strategies. Ultimately, it is a tool that empowers local governments to make data -driven decisions to guide economic recovery. Using the Match Application With Match, communities can evaluate the feasibility of a brand to fill a vacant location. These insights provide the evidence you need to recruit retail and restaurant businesses, which can help stimulate the economy, support tourism and visits from non-residents, and increase tax revenue. Also, Match may be used to identify feasible opportunities to address needs of underserved neighborhoods and communities, such as food, health, and banking deserts. For more information regarding the government's final rules for the American Rescue Plan Act (ARPA), please visit https:Hhome.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf. 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com Buxton" Benefits of the Consumer Insights Package With two great applications housed in one web -based platform, Buxton's Consumer Insights Package gives you on -demand information about residents and visitors to guide tourism marketing, development decisions, and more. Put Consumers at the Center of Your Strategy Understand the residents and visitors in your community not just in terms of demographics, but also in terms of psychographics. Understand Visitor Trends Identify the types of consumers visiting key districts or attractions, where they live and work, and trends in visitor volume to enhance tourism marketing, inform policies, and more. Empower Your Team Give your team access to best -in -class data that will assist them in making better decisions. Use Data to Tell Your Community's Story Get to know your community through data visualization and reporting. Use data to encourage development and support local businesses. Get Information Faster On -demand reporting speeds up the decision -making process by providing data when you need it to answer questions when they arise. 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com Buxton® Product Definitions Your Buxton subscription will include the following -product , which will be reflected in the Fee Schedule in the attached Order Form. We are constantly making improvements to our products; therefore, features may be added or changes may be made to the products listed below. Consumer Insights Package This public sector technology package comes standard with SCOUT and Mobilytics. SCOUT with Public Sector Reporting SCOUT is Buxton's proprietary analytics technology application in the Buxton Platform. It is a geospatial tool that comes with a host of standard data, mapping, and reporting capabilities. Visualize data, run reports, and empower your community with in-depth market insights. Mobilytics The Mobilytics application within the Buxton Platform allows your users to study brands and/or locations for date ranges and dayparts by leveraging Buxton's proprietary consumer mobile device data. Mobilytics uses household level data to provide the most granular and detailed view of visitors possible. You will be able to understand who visitors are, where they live and work, where they frequently visit, trends in visitor volume, as well as differences between visitors of up to eight sites. Additionally, users can quantify percentage of visitors or visits by geography and exclude or include visitors by distance. This will allow you to identify the consumer dynamics and trends for your key tourist attractions, shopping centers, areas of interest, neighboring communities, and more. Standard Support Package Your subscription includes support from Buxton's Support Team. This includes one live training session (up to 1 hour), which will be recorded and available throughout the duration of your Contract term; account set up; access to our Support Team during normal business hours (8 a.m. to 5 p.m. Central Time) ; access to live chat; and access to our knowledge base and training materials within the platform. 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com Buxton® User Access Your users have access to all the applications in your subscription. Optional Enhancements Your Buxton subscription may include some or all of the following optional products, which are available for additional fees. Please refer to the Fee Schedule in the attached Order Form for the list of enhancements included in your subscription and talk to your Buxton representative if you would like to upgrade your subscription to include any of the following. We are constantly making improvements to our products; therefore, features may be added or changes may be made to the products listed below. Match The Match application helps users find retail or restaurant brands that are a good fit for a potential site. The application uses Buxton's proprietary mobile device data to compare visitors at the brand's current locations to the potential customers in the proposed site's trade area. Understand how the customer potential of a site compares to a brand's existing locations in terms of quantity, concentration, and household mix. Furthermore, for each location your site is compared to, you will be able to understand its performance "strength" in terms of customer volume. Actively pursue your targeted retailers and make a compelling case for their expansion to your community by providing data -driven metrics around the most important success variable - customers. Technical Requirements The Buxton Platform can be accessed at the following URL: www.buxtonco.com. The Buxton Platform is a web -based application accessible on any desktop, laptop, or mobile tablet device that has an Internet connection. When operating the platform, Buxton's recommended hardware configuration is 4-core CPU and 8 GB RAM (or higher). Modern-day laptops or desktops purchased within the last 3 to 5 years will perform without issue. The recommended browser for accessing the Buxton Platform is the latest version of Chrome. 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com buxtong Order Form Fee Schedule Contract Start Date: upon execution Contract End Date: 365 days after execution Subscription QTY Number of Fee Per Year Subtotal Years Per Item Consumer Insights Package (National) 1 1 $25,000.00 $25,000.00 National -level subscription to SCOUT with public sector reporting package and Mobilytics. Three (3) User Bundle 1 1 $0.00 $0.00 Included in your subscription. Standard Support Package 1 1 $0.00 $0.00 Included in your subscription. Total contract value: $25,000.00 Total fee per year: $25,000.00 The geography included in your subscription level: USA *If this Order Form is executed and/or returned to Buxton Company by Client after the Contract Start Date above, Buxton Company may adjust the Contract Start Date and Contract End Date, without increasing the Total Fee, based on the date Buxton Company activates the products and provided that the total term length does not change. Fees shown above do not include any taxes that may apply. Any such taxes are the responsibility of Client. This is not an invoice. 2651 South Polaris Drive I Fort Worth, TX 76137 1 1-888-2BUXTON I www.buxtonco.com Buxton®