HomeMy WebLinkAbout2023-09-25 - Agendas - FinalFayetteville Advertising and
Promotion Commission
September 25, 2023
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
Mike Wiederkehr, City Council Representative
Staff: Molly Rawn, CEO
Agenda
Call to order at 2:00 p.m.
Old Business
A. Review and approval of August minutes.
III. New Business
A. CEO Report. An executive overview of the previous month
B. Financial Report. Jennifer Walker, Vice President of Finance
C. Marketing Report. Sarah King, VP of Marketing and Communications
D. Vote. Bikepacking Roots and Experience Fayetteville agreement. The
CEO is seeking authority to sign an agreement with Bikepacking Roots to
develop a bikepacking route to establish Fayetteville as a premier
destination for bikepackers. The agreement is for $30,000. Memo
attached.
E Vote. BOK Financial 457(b) and 401(a) Retirement Solutions. The CEO is
seeking authority to accept a proposal from BOK Financial for $12,000.
This will allow Fayetteville Advertising and Promotion to transition to a
more appropriate retirement solution. Memo and fee proposal attached.
F. Vote. Tourism Master Plan with Coraggio Group. The CEO is seeking
authority to sign a contract with Coraggio Group for a Tourism Master
Plan. The contract is for $203,613. Memo and contract attached.
G. Additions to the agenda may be added upon request from a majority of the
commissioners.
IV. Adjourn
Fayetteville Advertising and Promotion Commission
Minutes August 28t", 2023
Fayetteville Town Center
Commissioners
Present: Todd Martin, Chair Tourism & Hospitality Representative
Mike Wiederkehr, City Council Representative
Sarah Bunch, City Council Representative
Chrissy Sanderson, Tourism & Hospitality Representative
Katherine Kinney, Tourism & Hospitality Representative
Commissioners
Absent: Andrew Prysby, Commissioner at -large
Elvis Moya, Tourism & Hospitality Representative
Staff:
Molly Rawn, CEO; Jennifer Walker, VP of Finance; Sarah King, VP of
Marketing and Communications
Commissioner Martin called the meeting to order at 2:00 pm and declared a quorum.
Old Business
A. Chair Martin presented the July minutes and hearing no additions or
corrections, they stand approved.
III. New Business
A. CEO Report.
We received four proposals for tourism master planning work and Rawn stated
that members of her team as well as Chair Martin were reviewing the proposals
and planned to have a decision by September 1st and hopefully a contract at the
September commission meeting.
We expect to have a contract for our Agency of Record at the October meeting.
Congratulations to Kelly and DFC on the funding proposal that was approved by the
city. We will receive $60,000 this year with the potential to receive more in coming
years.
Julie Pennington received the Presidents Award from South Central Motorcoach
Association, Alabama Motorcoach Association and Georgia Motorcoach
Association. She also just returned from an e-sports summit, a rapidly growing
field, in an effort to recruit teams and events to Fayetteville.
The sales team also supported the Arkansas Government Finance Officers
Association for their annual conference. It was their first time in Fayetteville and it
had a direct economic impact of over $203,287.
The Visitors Center welcomed 1461 visitors in July with visitors from Poland,
Canada, Ireland, Singapore, Japan, England and a host of other countries.
She shared that the Black Owned business Expo, which was held last weekend,
continues to grow after relocating to the town center; it was very successful.
The town center only has 10 days left of booking in September and October and
Rawn also offered congratulations to Tyler and the FTC team for landing a long-
term contract with Legacy Church.
The Downtown Fayetteville Coalition has selected Public Sphere Project to help with
their strategic plan and governance work this fall.
Also, Save the Date for first Falltoberfest on Sunday October 1 st on Dickson Street -
and thanks for latest sponsor to it, South by Northwest Hospitality, thank you Chair
Martin.
We host our 5t" Bicycle Friendly Bootcamp on September 13t" and it's our goal to
double the number of restaurants that are bicycle friendly.
The Arkansas Graveler, was announced last week and will be a 3 day gravel ride
featuring 400 taking off from Fayetteville and ending in Jonesboro.
Rawn then shared some background information about the financial pledge to
TheatreSquared:
In October 2022 the preliminary budget contained $200,000 for TheatreSquared and
it was also presented in the November 2022 meeting at which time the A & P
Commission voted to remove the $200,000.
In the July 2023 budget revision, the $200,000 was also not present in the
budget. Rawn stated that she has had good conversations with Todd Simmons,
TheatreSquared's board president, and also Shannon Jones who will serve as
the new Executive Director and is also present at this meeting. She hoped that
with continued transparency with TheatreSquared, the $200,000 for 2024 would
be included in the 2024 budget. Rawn stated that she did not intend to
recommend that the commission make the funding distribution for 2023.
Commissioner Kinney asked for clarification and that she would like to request
2023 funding and that she would like to work with Chair Martin to determine how
to fund that as Rawn stated it would need to come from the reserve fund.
Chair Martin has stated that he would like transparency and accountability with
TheatreSquared and he is hoping with new leadership that transparency and
accountability will increase and that the A & P needs to be a good steward of
public funds. He met with Todd Simmons last week and he stated that he gave a
letter to Simmons outlining his concerns and that he could certainly make that
available to our commission. Commissioner Sanderson stated that she would
like to see the letter. Commissioner Bunch also stated that she would like to see
it. Chair said he would be happy to share that information with the
commissioners.
It was decided the topic would be revisited next month
B. Financial Report. Jennifer Walker, VP of Finance
VP Walker stated that the financial report is in the packet with a P&L
through July and a Balance Sheet. The target revenue and expense percentage is
58% and our revenue is at 57% with expenditures at 53%. HMR tax collections are
on target with a 0% variance with the seasonally adjusted budget. Walker pointed
out that our expenditures are 5% below budget and our numbers continue to trend
positively. Our operating net income is $428,477 year to date. Walker also stated
that unearned revenue bookmarked for 2023 events at the town center is
approximately $190,000. The Chair turned it over to Cynthia Burnes, CPA with
Forvis to present the 2022 audit.
C. Audit Presentation, Cynthia Burns, CPA, Forvis
Ms Burns began by reviewing the management letter which outlined what both
parties are responsible for and that it's audited under government auditing
standards and that the A&P Commission is under the regulatory basis of accounting
which is approved under Arkansas law.
A key thing she wants to bring to everyone's attention is that there were no
adjustments required by the audit and this is excellent news and is not always the
case. The financial team and staff did a great job preparing information for the
audit.
In the audit itself, you will see that our numbers are getting back to normal and that
the financial statements are materially correct on the regulatory basis of accounting.
With the leases standard being implemented this year, you'll see some additional
footnotes pertaining to that matter, but nothing of concern.
You will see you received unmodified opinions, which are the best opinions you
can receive. There was also nothing in the controls as they were doing their
testing to show a significant deficiency or material weakness. She commended the
team on a great audit.
D. Marketing Report. Sarah King, VP of Marketing and Communications
VP King shared the tag along series from visitors and community members in their
own voices — this resource is on our website for visitors and community members
alike to share. She also shared updated trails guides and stated we would have
those soon.
She shared an updated Ale Trail passport which goes along with the 101h
anniversary of the Ale Trail.
Mike Sells reviewed some recent ads with the commission — gravel ride, Ride Texas
magazine, Arkansas Travel Guide. He then went over website top referral sources,
with arkansasrazorbacks.com being the top source.
Overall traffic for the website — sessions and page views are both high, with pages
per session showing increased engagement.
He stated that our traffic comes from these top sources: organic is the top source
with paid search and display advertising being the top 2 and 3.
Social Media is up 54% when comparing July 2023 to July 2022. Email is up 693%
compared to July 2022.
In comparing 2019 YTD to 2023 YTD (precovid): Overall website sessions are up
55% and average duration is up 32%. Arkansasrazorbacks.com represents almost
half of the referral traffic.
Sells also talked about our emerging metros and spoke about our Arrivalist platform
which is now starting to track our data as of 2.5 business days ago. This will allow
us to show our emerging metro markets due to actual visitation rather than website
visitors.
D. Vote. Experience Fayetteville Office and Bathroom Renovation .
Chair Martin asked Rawn to speak about this updated proposal. Rawn stated that
that this proposal is to cover the estimated architect fees which will be 7.5% fixed
fee of project cost with an estimated construction cost of $435,000. The expected
budgetary impact of this scope of work is a minimum of $32,443.
Commissioner Sanderson made a motion which Commissioner Kinney seconded to
authorize the CEO to sign the attached agreement which represents 7.5% of overall
project. It passed unanimously.
E. Announcements
With no other agenda items to address, Chair Martin brought up the 2024 Eclipse
where significant portions of Arkansas (not NWA) will be in the path of totality. He
asked how Experience Fayetteville is planning for this event. Rawn stated that the
last Hospitality in a Heartbeat covered this topic, with Kim Williams from the state
serving as the speaker.
We will order branded Eclipse glasses. It was pointed out that much of the lodging
in the path of totality has already been reserved and that many of the lodging
options have 4 night minimums which will mean that travelers will have time to travel
and very well may visit Fayetteville. Rawn said we will see how we can best support
our hospitality partners during this time.
With no other business or announcements, Chair Martin asked for a motion to
adjourn the meeting. Commissioner Kinney made a motion, which Commissioner
Sanderson seconding, to adjourn. The meeting was adjourned at 2:58 pm.
Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville
Fayetteville Advertising and Promotion Commission
CEO Updates
September 2023
Executive Summary
• We are recommending Coraggio Group to lead our Tourism Master Plan and have
included a contract to present at this meeting.
• Marketing Agency of Record RFP update. We have begun reviewing proposals, but will
not have a decision to share until the October meeting.
• We plan to have a preliminary 2024 budget to present at the October Commission
Meeting.
• 1 met with Shannon Jones, newly named Executive Director of Theatre Squared. I
believe our relationship is in a great place and we look forward to working together more
closely, particularly in 2024.
Tourism Activity
• Sales assisted in securing two pieces of business for 2024, (1) Association conference
with an estimated El of $450,000 (1) Social Conference with an estimated El of
$150,000 both alongside our partners at Graduate Fayetteville & FTC.
• Tina and Melissa supported the UA New Faculty Orientation by being onsite with Vanny
for questions about area attractions with over 100 new faculty members present.
• Tina and Griffin attended Connect Marketplace alongside Arkansas State Tourism.
o They had 27 association appointments resulting in 10 solid leads
o During the tradeshow we also hosted an Arkansas Tourism private event with 50
planners. It was a great success with wonderful feedback.
• Visitors Center
o Welcomed 1,079 visitors in August
o Welcomed visitors from Germany, Mexico, Canada, England and Scotland
0 6 Ale Trail Passports completed
o We are partnering with Fayetteville Menstrual Dignity Program through the end of
the year by serving as a drop off site for menstrual products
Community Engagement
• First Folksday was a success! We enjoyed partnering with many historical & cultural
nonprofits, learning how to use a drop spindle, an art installation on the FTC plaza and
more. We had photographers Meredith Mashburn & Travis Kersh to capture content to
use in future promotions.
• Preparing for the season finale of First Thursday, Down the Rabbit Hole, themed after
Alice in Wonderland. Attendees can look forward to circus performers, psychedelic
colors, and a Road to Rewired arcade, and more!
• We are still seeking sponsors for Lights of the Ozarks! Please reach out to Chloe if you
know of a business that would be a good fit.
Cycling Tourism
• In partnership with the City of Fayetteville, the Fayetteville Town Center, and the League
of American Bicyclists - Experience Fayetteville hosted its 5t" Bicycle Friendly Business
Bootcamp on September 13t". Businesses represented included bike shops, restaurants,
breweries, coffee shops, and architect consultants.
o The next round of Bicycle Friendly Business applications are due November 2nd
The Ozark Randonnuer — a first year endurance gravel cycling event created in
partnership with the Ozark Gravel Cyclists began and ended from Downtown Fayetteville
on Saturday, September 16t"
o The event featured a unique format where participants raced against the clock
and not each other
o Participants from 9 different states tackled the challenging gravel terrain
accessible from Fayetteville
o The event garnered national media attention, including a partnership with Bikes
or Death, a popular podcast for bikepacking, gravel cycling, and mountain biking.
In partnership with service providers Spin and Veo, Experience Fayetteville and the
Fayetteville Town Center Staff participated in a team activity on Monday afternoon,
September 18tn
o Staff were provided the opportunity to familiarize themselves with the dockless
rental eBikes and eScooters available for our guests while exploring a portion of
Fayetteville extensive trail network including the Razorback Greenway, the Lower
Ramble, and more.
The inaugural Fayetteville Tandem Rally is set to take place in Fayetteville the weekend
on Sept 28-October 1st
o The event has attracted close to 50 tandem couples that are joining us here in
Fayetteville for three days of road and gravel cycling — including a parade of
tandems down Dickson Street on Saturday morning, September 30t"
o Experience Fayetteville will be hosting a complimentary Dinner Roll and Bike
Valet on Friday evening, September 29t". Event participants will pedal to
Downtown from their host hotels for a "Dine Around" experience in the
Entertainment District.
• Our Director of Cycling Tourism, Brannon Pack, is currently attending the Outdoor Media
Summit in Boise, Idaho — a professional development opportunity and conference where
the brightest minds in outdoor media and marketing gather to share their secrets and
forecast the future of the industry.
Fayetteville Town Center
Since our last meeting, the Fayetteville Town Center has effectively hosted 16 events.
The venue is experiencing a high booking rate, particularly for midweek dates in the fall,
which were historically underutilized.
• We are pleased to announce that Christ Church has extended their contract through the
remainder of the year. Starting in January, we will commence a year -long contract with
Legacy Church.
• In collaboration with Experience Fayetteville, FTC successfully organized the second
annual Touge Con event. This event has shown remarkable growth, attracting drivers
from across the country and gaining substantial social media attention. We anticipate
continued significant expansion of this event.
• FTC is thrilled to reveal that we've secured a contract to host a national True Crime
Podcast convention, previously held in a neighboring city. The event is scheduled for
August 2024 and is expected to draw 700-1000 attendees, including vendors. Tickets
will be available for purchase starting on October 2nd, and the event has a history of full
event sell -out.
• FTC has effectively hosted Startup Junkie's Startup Crawl, which has experienced
tremendous growth. We are actively collaborating with them to transform the event into a
comprehensive facility -wide experience for 2024, including the FTC plaza, and
downtown square.
Downtown Initiatives
• Save the Date DFC's first downtown festival, Falltoberfest, is October 1 st from 12:00 —
6:00 p.m. on Dickson Street.
Looking forward
• Molly will be a panelist at the National Town Builders Association Convention here in
Fayetteville, at the Graduate Hotel.
• Molly will be a panelist at the Music Cities Convention in Huntsville, AL on October 20th.
• Lights of the Ozarks Lighting Night is November 17th — both sponsorship opportunities
and parade entry forms are available on our website.
V�i�Illl' Monthly A&P Tax Collections 2023**
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%change over previous year
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apr
(may
jun
jul
aug
sep
Oct
nov
dec
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58.30%
4.58%
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1.89%
7.48%
6.66%
4.54%
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O O CD 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 o g
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** 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: September 15, 2023
Re: Financial Statements — August 2023
This packet contains Experience Fayetteville Financial Statements for the month ended
August 31, 2023. The following reports are included in the packet:
• Summary P&L Financials for month ended August 31, 2023
• Balance Sheet for month ended August 31, 2023
Target Budget July —67%
Revenue target 67% of budget or higher by the end of August 2023.
Expenditures target 67% or lower at August 2023.
Total Revenue YTD: $3,668,659 or 65%; We are 2% below target.
Tax Receipts - $3,255,882 (under budget by 1 % ytd)
Town Center - $ 297,299 (under budget by 10% ytd)
Other - $115,478
Total Operating Expenditure YTD: $3,224,547 or 61 %; this is 6% under budget.
EF Main - $2,637,714
Town Center - $586,833
HMR tax — YTD August Collections (July activity) are now 1 % above the seasonally
adjusted budget.
Operating Net Income is $444,112 year to date.
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year -to -Date @ August 31, 2023
CONSOLIDATED
Year -to -Date
Actual
Budget
Over/(Under)
Budget
%of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue
3,255,882
4,960,000
(1,704,118)
65.6%
Rental Revenue
270,940
485,500
(214,560)
55.8%
Event Revenue
35,311
56,500
(21,189)
62.5%
Visitor Center Store Revenue
29,327
40,700
(11,373)
72.1%
Parking Revenue
18,088
26,000
(7,912)
69.6%
Advertising Revenue
1,775
3,500
(1,725)
50.7%
Grant/Other Revenue
27,100
83,000
(55,900)
32.7%
Interest and Investment Revenue
30,236
25,050
5,186
120.7%
Total Revenue
3,668,659
5,680,250
(2,011,591)
64.6%
Expenses
Operating Expenses
Rental Expenses
38,728
208,000
(169,272)
18.6%
Event Expenses
71,736
140,600
(68,864)
51.0%
Visitor Center & Museum Store
16,579
34,700
(18,121)
47.8%
Personnel
1,200,622
1,968,562
(767,940)
61.0%
Sales & Marketing
753,382
1,218,423
(465,041)
61.8%
Office and Administrative
553,061
825,756
(272,695)
67.0%
Bond Payments
465,200
700,000
(234,800)
66.50
Contribution to Capital Reserves
-
-
0.0%
Other grants
125,239
223,000
(97,761)
56.2%
Total Operating Expenses
3,224,547
5,319,041
(2,094,494)
60.6%
Net Operating Income/(Loss)
444,112
361,209
82,903
123.0%
Other Income
Unrealized Gain/(Loss) on Investments
(54,753)
0.0%
Other Expenses
FFE & Improvements
298,045
921,000
(622,955)
32.4%
Depreciation Expense
126,807
0.0%
Cost of Goods Sold
(973)1
10.00
Net Income/(Loss) (without cx Grants)
(34,519)
(559,791)
580,025
1 6.2%
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year -to -Date @ August 31, 2023
Experience Fayetteville
Year -to -Date
Actual
Budget
Over/(Under)
Budget
%of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue
3,255,882
4,960,000
(1,704,118)
65.6%
Rental and Event Revenue
27,126
49,000
(21,874)
55.4%
Visitor Center Store Revenue
29,327
40,700
(11,373)
72.1%
Advertising Revenue
1,775
3,500
(1,725)
50.7%
Grant & Other Revenue
27,100
83,000
(55,900)
32.7%
Interest and Investment Revenue
30,151
25,000
5,151
120.6%
Total Revenue
3,371,360
5,161,200
(1,789,840)
65.3%
Expenses
Operating Expenses
Event Expenses
60,702
110,600
(49,898)
54.9%
Visitor Center & Museum Store
16,579
34,700
(18,121)
47.8%
Personnel
867,408
1,399,952
(532,544)
62.0%
Sales & Marketing
747,926
1,191,902
(443,976)
62.8%
Office and Administrative
354,659
498,257
(143,598)
71.2%
Bond Payments
465,200
700,000
(234,800)
66.5%
Contribution to Capital Reserve
-
-
-
0.0%
Other Grants
125,239
223,000
(97,761)
56.2%
Total Operating Expenses
2,637,714
4,158,411
(1,520,697)
63.4%
Net Income/(Loss) Before Other Revenue and Expenses
733,646
1,002,789
(269,143)
73.2%
Other Income
Unrealized Gain/(Loss) on Investments
(54,753)
-
(54,753)
0.0%
Other Expenses
HE & Improvements
8,850
545,000
(536,150)
1.6%
Depreciation Expense
68,293
Cost of Goods Sold
(973)
!Net Income/(Loss)
602,724
457,789
199,688
131.7%
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year -to -Date @ August 31, 2023
Town Center
Year -to -Date
Actual
Budget
Over/(Under)
Budget
%of Budget
Revenue
Rental Revenue
270,940
485,500
(214,560)
55.8%
Event Revenue
8,186
7,500
686
109.1%
Parking Revenue
18,088
26,000
(7,912)
69.6%
Interest and Investment Revenue
85
50
35
170.3%
Total Revenue
297,299
519,050
(221,751)
57.3%
Expenses
Operating Expenses
Rental Expenses
38,728
208,000
(169,272)
18.6%
Event Expenses
11,033
30,000
(18,967)
36.8%
Personnel
333,215
568,610
(235,395)
58.6%
Sales & Marketing
5,455
26,521
(21,066)
20.6%
Office and Administrative
198,402
327,499
(129,097)
60.6%
Total Operating Expenses
586,833
1,160,630
(573,797)
50.6%
Net Income/(Loss) Before Other Revenue and Expenses
(289,534)
(641,580)
352,046
45.1%
Other Expenses
FFE & Improvements
289,195
376,000
(86,805)
23.10o
Depreciation Expense
58,514
1 0.0%
Net Income/(Loss)
(637,243)
(1,017,580)
380,337
1 62.6%
Fayetteville A&P Commission
Balance Sheet
As of August 31, 2023
ASSETS
Current Assets
Cash
3,573,672
Investments
1,173,459
Accounts Receivable
591,218
Prepaid Expenses
35,261
Deposits
28,369
Inventory Asset
29,139
Total Current Assets
5,431,118
Other Assets
Capital Assets
Furniture & Fixtures
121,169
Equipment
723,463
EF/CVB Building
940,410
EF/CVB Land
198,621
Building Additions
1,142,641
Walker -Stone House
1,167,218
Vehicles
122,860
Construction in Progress
104,548
Accumulated Depreciation
(1,653,175)
Total Other Assets
2,867,753
TOTAL ASSETS 8,298,871
LIABILITIES AND EQUITY
Current Liabilities
Accounts Payable 77,399
Unearned Revenue 350,062
Total Liabilities 427,461
Equity
Unreserved Fund Balance
5,431,416
Operating Reserve
1,000,000
Capital Reserve
1,100,000
Temporarily Restricted Funds
382,431
Net Revenue
Gain/(Loss) on Investments
(54,753)
Net Revenue without Cyclocross
20,234
Net Revenue for Cyclocross
(7,918) (42,437)
Total Equity
7,871,411
TOTAL LIABILITIES AND EQUITY 8,298,871
SEPTEM
ER 202 MARKETING REPORT
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Come check out a tandem bike rally, Oktoberfest celebrations and
more unique, one -of -a -kind events this fall in Fayetteville.
EXPERIENCEFAYETTEVILLECOM
Welcoming You, Two By Two
Fayetteville Arkansas Events
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Experience Fayetteville Come check out a tandem
bike rally, Oktoberfest celebrations and more unique, one
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V ARRIVALIST
Fayetteville's Arrivalist
platform is now live.
Experience Fayetteville
and Sells Agency staff
have completed initial
training with more
scheduled for early
October.
OARRIVALIST Horizon Fayetteville, AR Q v
Dates Origin Region Origin DMA Primary Destination Length Of Say
pa,m 92ro.On. A6 All,w�ra
an updmed:w¢paa 16, 2923 t--A
'U. + Arkansas is the Rl origin market with over 793k tripsto the
ion (Top 10) Visitation by Reg " _ destination, with visitors staying an average of 0.62 nights.
The top ten origin states for the period by volume are:
I 1.Arkansas
1 e6jp� f'r'� 2. Texas
„ K. �► 3. Oklahoma
�d a6r 4. Missouri
iak 25M S. Kansas
aatk� 6. Tennessee
981Y t.otk
7. Louisiana
�. 8. Illinois
tag% 9. California
1O. Mississippi
.. •Mns�"o n�� OGimOW�lr1a94asaKaaO
Trip Volume by Top Origin States Average Nights in Destination
Arkanaaa 9931, Mkansas 062
Texas 138k Texas 1.80
OkleM1ama 121 Oklalroma a61
Missouri 95k Missouri 096
Kans 25k Kansas 1A6
Tennessee 12k Tennessee 1.02
Louisiana 12k Louisiana 6
Illinois ]5k Illinois 300
Glllomie "k California 1.22
Mlae saippi a.9k Mlsaasippi 1.51
0 100k 2001, 300k a00k 5001, 5001, 7001, 8001, 0.00 e20 0.40 0.60 0.a0 100 1.20 IA0 1.60
Q ARRIVALIST
Share of Overnight Visits
2022 Calendar Year
2022 Share of Trip Volume Share of Overnight Visits/Total Visits
by Nights in Market 70.00/6
Day -Trips ' ' • • • 60.0% 58.0%
56.7%
54.6%
50.4% 51.10
1 Night • • 50.0% 47.7% 48.10%/.
46.1 °
43.7%
2 Nights M
40.00/6
3 Nights 9
5.4% 30.00/6
4+Nights F
4.7% 20.00/6
Jan Feb March April May June July Aug Sept Oct
50.9%
.7%
Nov Dec
V ARRIVALIST
Website Top 15 DMAs
Ft. Smith/Fayetteville/Spri...
Dallas/Ft. Worth
Chicago 4.2%
Little Rock/Pine Bluff 4.2%
Oklahoma City - 3.9%
Kansas City - 3.7%
Tulsa
- 1.9%
St. Louis
. 1.8%
Denver
■ 1.6%
Columbus
■ 1.4%
Houston
■ 1.5%
Springfield
■ 1.4%
Nashville
■ 1.2%
Minneapolis/St. Paul
Wichita/Hutchinson
12.0%
Top 15 DMAs - Web Sessions
8/01 /22— 7/31 /23
20.6%
V ARRIVALIST
Overnight Trip Share Top 15 DMAs
Little Rock/Pine Bluff
Ft. Smith/Fayetteville/Spri...
Dallas/Ft. Worth
7.0%
Springfield
4.4%
Tulsa
_
3.7%
Kansas City
-
3.0%
Memphis
-
2.8%
St. Louis
-
2.6%
Shreveport
-
2.2%
Jonesboro
-
2.2%
Oklahoma City
. 2.1
Houston
. 2.1
Austin
■ 1.6%
Joplin/Pittsburg
'
0.7%
El Dorado/Monroe
Top 15 Origin DMAs
8/01 /22— 7/31 /23
(Overnight stays only)
Top 15 Origin DMAs Not in Web Visits
• Memphis
24.5% • Shreveport
■ 14.8% . Jonesboro
12.8% • Austin
• Joplin/Pittsburg
• El Dorado/Monroe
Top 15 Web Visit DMAs Not in Origin
• Chicago (17)
• Denver (18)
• Columbus
• Nashville (24)
• Minneapolis/St. Paul (29)
• Wichita/Hutchinson (19)
V ARRIVALIST
Next Steps
M
• Continue training in Trip Insights platform
• Points of Interest
• Assessment of most profitable markets
• Incorporate insights into 2024 media plans
• Initial training in Lodging platform
Memo E
x
P
To: Fayetteville Advertising & Promotion Commissioners
From: Brannon Pack, Director of Cycling Tourism, Experience Fayetteville
Date: September 15, 2023
Re: Agreement with Bikepacking Roots
Background
Cycling has continued to be a tourism driver for our city. We have identified growth
potential in the concept of "bikepacking" — a combination of biking and camping.
Bikepackers cover longer distances over multiple days, cycling with all of their gear on
their bikes. Fayetteville is well positioned to promote this activity as bikepackers are
accustomed to riding different terrains. In Fayetteville we have a spectacular network of
gravel roads and mountain bike trails, connected by hard surface roads and paved
trails, all of which are suitable for this type of sport.
Through this project, Bikepacking Roots will develop a first of its kind bikepacking route
network and accompanying resources, establishing Fayetteville as a premier
destination for novice to experienced bikepackers, and a jumping off point to
experience all that Northwest Arkansas has to offer.
Budgetary Impact
Revenue from the 2022 World Cyclocross World Championships enabled Experience
Fayetteville to establish a legacy fund for future cycling events and initiatives. The
current balance of that fund is $686,664.
As part of the 2023 budget conversation, we intended to spend $40,500 from the fund;
current projections show we are $25,159 under budget on expenses.
Recommendation
Staff recommends the commission authorize signing the agreement with Bikepacking
Roots and allocating the $30,000 from the CX Legacy Fund.
,* BINEPA[NING ROOTS
Northwest Arkansas Bikepacking Route Network
Partnership Agreement between
Bikepacking Roots & Experience Fayetteville
This agreement is entered into between Bikepacking Roots and Experience Fayetteville. Bikepacking Roots,
the only national 501c3 non-profit dedicated specifically to supporting and advancing bikepacking and
growing the bikepacking community. Bikepacking Roots is a pioneer in world -class route development and
stewardship, led by co-founder Kurt Refsnider.
Through this project, Bikepacking Roots will develop a first of its kind bikepacking route network and
accompanying resources, establishing Fayetteville as a premier destination for novice to experienced
bikepackers, and a jumping off point to experience all that Northwest Arkansas has to offer.
Project Scope:
• Development of a progressive bikepacking loop system with options for riders of all abilities,
including those looking to build up to the Arkansas High Country Route. This will include a range of
overnight, 2-night and 3-night itineraries. The network will include a well-balanced mixture of terrain
highlighting both the singletrack trail networks and gravel roads of NW Arkansas.
• Creation of a conveniently sized, visually appealing guidebook to serve as a planning resource and
quick -reference guide to set riders up for success during their trip. This guide will include not only
overview maps and details of each route option, but also include highlights of the area's human and
natural history and essential planning tips and bikepacking basics aimed at beginners. It will also
serve as a means to highlight local businesses, including dining, lodging, bike shops and other
attractions in Fayetteville as well as other communities along the route.
Deliverables:
• Route network guide content, design and layout, in a mutually agreed upon format.
*Note: this cost does not include printing and distribution of the guides
• Detailed GPX files for user-friendly navigation including POls (points of interest) for each route within
the network.
• Professional photography of routes to use for the guide and other promotional materials.
• Promotion of the route network on Bikepacking Roots website (featured on our national route map
as well as a dedicated page with network details and linkage to Experience Fayetteville's website).
• Promotion of the project among Bikepacking Roots' membership and social media following.
Project Phases:
• Strategic planning and research (Fall 2023)
o Project kick-off
o Finalization of project scope and key decision points
o Gathering of data on NW Arkansas resources
o Stakeholder introductions and relationship building
• Route and Guide development (Winter 2023 - Spring 2024)
o On -the -ground route reconnaissance
o Building of detailed GPX files
,* BINEPA[KING ROOTS
o Route testing and refinement, liaising with local experts
o Development & graphic design for guidebook materials
• Route network and guide launch (Summer 2024)
o Joint marketing and promotion plan
*Bikepacking Roots would be happy to discuss budget and scope for an in -person launch event at a later
date.
Budget and Payment Schedule
In exchange for the completion of the scope and deliverables outlined above, Experience Fayetteville agrees
to pay Bikepacking Roots a fixed cost of $30,000.
The payment schedule will be:
• $10,000 initial payment upon agreement signing.
• $10,000 in advance of Kurt's in -person reconnaissance trip (date TBD).
• $10,000 upon project completion and network and guide launch.
Accepted for Bikepacking Roots Accepted for Experience Fayetteville
Signature Signature
Printed Name Printed Name
Title Title
Date Date
Memo
To: Fayetteville Advertising & Promotion Commissioners
From: Molly Rawn, CEO, Experience Fayetteville
Date: September 15, 2023
Re: BOK Financial 457(b) and 401(a) Retirement Plan
Background
PFAYe
Fayetteville Advertising and Promotion Commission currently offers a SIMPLE IRA to
all qualified employees with a 3% employer match. In January 2024 we will transition to
a retirement solution with BOK Financial which will include a 457(b) for employee
deferrals and a 401(a) for employer contributions.
This plan will allow FA&P is best suited for a governmental organization and allows us
the option of providing a higher percentage employer match.
The fully bundled proposal from BOK Financial includes annual fees of $12,000 in
addition to any employer match. The employer match would be included in the 2024
budget for commission approval.
Annual fees are outlined in the enclosed proposal and include an asset -based fee to
meet the $12,000 minimum required. FA&P plans to pay the asset -based fee as it is
undetermined what amount of employee assets would be transferred to this new plan.
BOKF would provide all necessary services to operate the plans.
Recommendation
Staff recommends that the commission authorize the CEO to sign the enclosed BOK
Financial Retirement Platform Solution Fee Proposal which includes the annual fee of
$12,000 minimum.
10 [30K FINANCIAL
BOK Financial Retirement Platform Solution Fee Proposal
Experience Fayetteville 457(b) and 401(a) Plans
September 2023
Annual Fees
Directed Trustee, Recordkeeping, and Administrative Services
Base fee: $2,000
Participant based fee: $50.00 per participant per plan
Asset based fee: .0075 of the market value of plan assets*
*Applies to all plan assets including participant loans, company stock, self -directed assets, and assets held in the
forfeiture account, if applicable.
Total annual fees are subject to a $12,000 minimum.
BOK Financial's trustee, recordkeeping, and administration services fee is applied to all Plan assets, including participant loans,
company stock, self -directed assets, assets held in the forfeiture account, as well as assets held in BOK Financial affiliated or
proprietary investments.
Additional Charges
Employee Meetings and Enrollment Materials
Employee enrollment packets — provided online:
Employee enrollment packets — printed booklet:
Onsite Employee Group Meetings
No additional fee
$5 per booklet
Includes up to one day of employee education meetings for the plan conversion to BOK Financial. Additional onsite
employee education meetings for the conversion and in the future can be provided at a cost of $500 per day plus
travel related expenses.
Virtual Employee Meetings/Webinars
Virtual meetings/webinars: No additional charge
Fee Reductions and Credits
Any 12b-1, sub -TA, or shareholder servicing fees that are paid to and received by BOK Financial on any investments
utilized by the plan will be rebated back to the plan.
BOK Financial@ is a trademark of BOKF, NA. Member FDIC. Equal Housing Lender.
BOK Financial Fiduciary Solution Fee Proposal
Additional Charges that May Apply
Distribution by check (paid by participant):
Distribution by wire (paid by participant):
In —kind distribution (paid by participant):
Loan origination fee (paid by participant):
Discrimination testing refund checks:
Annual 72 required minimum distribution package:
QDRO review and calculation:
Printing, postage, handling and shipping on all items mailed:
Electronic statement storage:
Self -directed investment option accounts:
Specialized services:
Termination of Services
$50 each
$75 each
$50 each
$100 each
$75 per refund
$250
$185 per hour
Charged back at our cost
Charged back at our cost
See SDO Account Addendum
See Specialized Services Addendum
A termination fee of $500 plus $2 per participant will be charged to cover the costs of the final accounting, and the
transfer of records and assets to the new provider.
In addition, if BOK Financial's services are terminated within the first three years, for any reason, an additional early
termination penalty will be assessed equal to 10% of BOK Financial's total annual fees.
Notes and Assumptions
The above quoted fees assume and are based upon the following:
• In addition to the above fees for its services, BOK Financial or its affiliates ("BOK Financial") (1) earns
investment management, 12b-1, shareholder servicing, administration, and custody fees for services it
provides to the Cavanal Hill Funds, (2) earns Trustee fees for services it provides to the BOK Financial Target
Date Series, BOK Financial Risk Return Series, and BOK Financial Strategic Funds, and (3) may receive 12b-1
(marketing), sub -transfer agent shareholder servicing, and/or other fees for services it provides to unaffiliated
mutual funds when these funds are used as plan investment options, or are purchased by participants for self -
directed option accounts. See the prospectus for information on fund expenses. Except as stated under the
heading "Fee Reductions/Credits" above, BOK Financial will retain all such revenue and will consider such
revenue in pricing its plan fee proposal.
• The plan sponsor will provide BOK Financial email addresses for plan participants to facilitate electronic
delivery of transaction confirmations and participant statements.
• Contributions and loan payments received for daily valued plans must balance to the payroll data submitted
and must be submitted in an electronic format acceptable to BOK Financial.
• BOK Financial retains float, which is interest that is earned on funds held by BOK Financial pending investment
or the cashing of outstanding checks. Float is not rebated to your account, as the cost to calculate the float
and rebate it to your account would be greater than the amount earned.
• This fee estimate is applicable for a period of ninety days. Fees are subject to change upon thirty days prior
notice. Unusual circumstances may warrant a variance in this fee schedule.
• This fee estimate is contingent upon a review of the governing instrument, accounting statements, and a final
assessment of the work involved in converting the plan from the current provider.
• All fees, charges and other amounts payable to BOK Financial do not include any sales, use, excise, value
added, income or other applicable taxes, tariffs or duties, payment of which client agrees to pay if applicable
or if they become applicable.
• Services described in proposal are provided by BOKF, NA.
Approved and accepted by:
Signature of plan representative
Date
BOK Financial@ is a trademark of BOKF, NA. Member FDIC. Equal Housing Lender.
BOK Financial Fiduciary Solution Fee Proposal
Self -Directed Account Option (SDO) Fee Addendum
Self -Directed Trading Account Option
For accounts trading in public securities.
Annual Account Fee:
Trading Fees (trades placed online)
Equity trades:
Mutual fund trades:
Fixed income trades:
Electronic trade confirms:
Paper trade confirms:
Electronic statements:
Paper statements:
SEC fee (Section 31 transaction fee):
Foreign trading fees:
Notes & Assumptions
$150 per account
$5 per trade
No additional fee
Quoted at the time of trade
No additional fee
$1.25 per confirm
No additional fee
$1.25 per statement
Passed through if incurred
Passed through if incurred
The Cavanal Hill Government Securities Money Market Fund Premier (APPXX) will be utilized as the cash
management sweep vehicle; a prospectus can be accessed at https://www.cavanalhillfunds.com/mutual-
funds/money-market/government-securities-fund.
Self -Directed Managed Account Option
For accounts that are managed, have an outside broker trading DVP, or holding an illiquid security converted to this
platform.
Annual Account Fee: $150 per account
Trading Fees
Non -publicly traded securities: Subject to prior review and approval
Additional fees will apply
Trades placed with an outside broker: the participant is responsible for negotiating their own commission rates
with their broker, and is responsible for any brokerage commissions incurred by their broker. The trading fees
provided below may still apply in addition to any outside broker commission.
Managed accounts: the participant is responsible for negotiating their own managed account fees. The trading
fees provided below may still apply in addition to any managed account fees.
Equity trades 0-4,999 shares: ................................................................................................................ $15.95 per trade
Equity trades over 5,000 shares: ......................................... $15.95 per trade, plus $0.01 per share on the entire trade
Mutual fund trades: ................................................................................................................................ No additional fee
Fixed income trades: .............................................................................................................. Quoted at the time of trade
Electronic trade confirms: ...................................................................................................................... No additional fee
Electronic statements: ........................................................................................................................... No additional fee
Notes & Assumptions
The Cavanal Hill Government Securities Money Market Fund Administrative (APCXX) will be utilized as the cash
management sweep vehicle; a prospectus can be accessed at https://www.cavanalhillfunds.com/mutual-
funds/money-market/government-securities-fund.
BOK Financial@ is a trademark of BOKF, NA. Member FDIC. Equal Housing Lender.
BOK Financial Retirement Platform Solution Fee Proposal
Specialized Services Fee Addendum
Charges for Specialized Testing, Plan Design, and Calculation Services $250 per hour
The following are examples of the types of services available at this rate:
• Plan design studies
• Employer contribution calculation
• Review and verification of employer calculated contributions
• Non-standard discrimination testing
• Preparation of additional discrimination tests, consulting on test failures and plan corrections
• 414(s) compensation ratio testing
• Average benefits testing
• Multiple business/plan testing
• 410(b) average benefit tests
• Controlled group special testing requirements
• Affiliated services group special testing requirements
• Reconciliation and research services
Charges Related to Special Circumstances
Late submission of annual census data and/or plan questionnaire: $300
Plan restatements: $1500 each
Plan sponsor directed plan amendments: $400 each
IRS/DOL correction program: $250 per hour plus $900 government submission
Determination letter filing: $500
IRS submission fee for the determination letter: paid by the plan sponsor
DOL or IRS audit support: $185 per hour if > 2 hours
BOK Financial@ is a trademark of BOKF, NA. Member FDIC. Equal Housing Lender.
Memo E
X
P
To: Fayetteville Advertising & Promotion Commissioners
From: Molly Rawn, CEO, Experience Fayetteville
Date: September 15, 2023
Re: Tourism Master Plan
Background
In June of this year, Experience Fayetteville staff issued a Request for Proposals
(RFP) for Tourism Master Planning services. From the RFP:
Experience Fayetteville is seeking proposals from experienced and qualified consulting
firms to facilitate a process that will result in a tourism master plan to guide the
growth and development of tourism in the city. The resulting plan should identify
our unique value proposition as a city, tourism infrastructure needs, gaps in
programming and policies needed to guide long-term development of
Fayetteville as a tourism destination. The selected firm(s) will be responsible for
developing a comprehensive Tourism Master Plan for Experience Fayetteville that will
help the tourism industry in Fayetteville maximize its economic potential and quality of
life impact.
We received four responses, all from qualified firms.
Over the course of the past two months our team reviewed each written proposal,
listened to presentations from each firm, and conducted follow-up interviews with two
firms. The core group leading the decision process consisted of:
Amy Stockton, Director of Operations
Jennifer Walker, Vice President of Finance
Tyler Wilson, Executive Director & VP of Strategic Initiatives, Fayetteville Town Center
Molly Rawn, CEO
Todd Martin, A&P Commission Chair
Additional team members participated in the follow-up interviews including our Vice
President of Sales, Director of Cycling Tourism and VP of Marketing and
Communication.
The budget communicated by Experience Fayetteville was $100,000. This was our
educated guess at what a plan would cost.
Coraggio's proposal included a $121,000 plan with optional add-ons including Resident
Sentiment Research and a TravelUSA Visitation Study. It is these optional services
that make Coraggio so compelling and thus we are presenting the commission with a
contract that includes them all.
Budgetary Impact
The budgetary impact in this fiscal year will not exceed $17,000, consisting of the initial
invoice and related travel reimbursements. This amount is currently within our
approved budget. For context, the initial 2023 approved budget allocated $125,000 to
tourism master planning efforts, $100,000 was removed from the July budget revision
as the launch timing was shifted to Q4.
The impact to the 2024 budget will be approximately $186,600.
Recommendation
Staff recommends that the commission authorize the CEO to sign the enclosed
agreement with Coraggio for $203,613.64
C
Consulting Services Agreement
This Consulting Services Agreement ("Agreement") is entered into as of DATE, 2023 (the
"Effective Date"), between Coraggio Group, LLC, having an address of 2240 N. Interstate Avenue, Suite
300, Portland, OR 97227 ("Coraggio") Fayetteville Advertising and Promotion Commission, d.b.a.
Experience Fayetteville, a governmental agency established by Ordinance No. 2310 of the City of
Fayetteville pursuant to Arkansas law (Ark. Code Ann. 26-75-605) having an address of 21 S. Block Ave.,
Fayetteville, AR 72703 ("Experience Fayetteville") E-XPERIENIC-E F-AYETTE-VILLE,, having an addr✓ss
of 21 Seuth E3'eGk Ave, Suite-100, Fayetteville, AR 72701 ("Client"). The parties acknowledge receipt and
sufficiency of good and valuable consideration and agree as follows:
Services.
1.1 Client hereby engages Coraggio as an independent contractor to provide certain services
that may include strategy and organization change consulting services as set forth in the attached Exhibit
A (collectively the "Services").
1.2 The specific time and place that Coraggio chooses to provide the Services are in
Correggio's sole discretion and control. Coraggio will provide its own equipment, supplies, and materials
as needed at its own expense. Coraggio will use commercially reasonable efforts to complete requested
Services in a timely manner in accordance with the timeframes set forth in Exhibit A. With respect to any
ongoing Services which are expected to be provided over a time period exceeding one month, Coraggio
will use commercially reasonable efforts to report at least monthly concerning the status of the requested
Services to Client.
2. Term and Termination.
2.1 This Agreement will begin on the Effective Date and unless terminated earlier as provided
in this Agreement, will continue in effect for the period of time set forth in Exhibit A. If Exhibit A does not set
forth the length of the term, this Agreement will continue in effect for an initial term of one (1) year, and will
automatically renew for successive periods of thirty (30) days each unless either party provides to the other
party written notice no later than thirty (30) days prior to the then -current scheduled expiration of the term
of that party's intention that the Agreement not be renewed.
2.2 Either party may terminate this Agreement for convenience by providing the other party
with at least thirty (30) days written notice of such termination.
2.3 Either party may terminate this Agreement because of the other party's material breach,
provided that the nonbreaching party has given the other party at least ten (10) days' written notice of and
the opportunity to cure the breach, except that in the event of unlawful conduct, fraud, or material
misrepresentation by either party, the other party will be entitled to terminate this Agreement immediately.
Termination for breach will not alter or affect the terminating party's right to exercise any other remedy for
breach.
2.4 Either party may terminate this Agreement immediately by providing written notice to the
other party if the other party becomes insolvent, if a petition in voluntary or involuntary bankruptcy is filed
by or against the other party under any chapter of the United States bankruptcy laws and not bonded or
discharged within thirty (30) days of the date a receiver or trustee is appointed or if the other party makes
an assignment for the benefit of creditors.
2.5 Upon termination or expiration of this Agreement, Client will pay to Coraggio all amounts
for Services and Deliverables provided through the effective date of such expiration or termination.
2.6 Any obligations and duties that by their nature extend beyond the expiration or termination
of this Agreement will survive the expiration or termination of this Agreement. Without limiting the foregoing,
Sections 2.5, 2.6, 5, 6, 7, 9, 10.2, and 14 will survive the expiration or termination of this Agreement.
3. Compensation, Expense Reimbursement, and Invoicing.
3.1 As consideration for the Services and the rights granted under this Agreement in the
Deliverables, Client agrees to pay to Coraggio the fees in the amounts and on the schedule set forth in
Exhibit A. Coraggio will submit monthly invoices of the fees due and payable to it under this Agreement,
and Client agrees to pay amounts due under such invoices. Invoices shall be due and payable not later
than thirty (30) days after receipt of the invoice. Payments more than 30 days overdue are subject to interest
of 1.5% per month on any overdue amounts, or the maximum permitted by law, whichever is less.
3.2 The fees for the Services do not include any excise, sales, use, value added or other taxes,
tariffs or duties that may be applicable to the Services. When Coraggio has the legal obligation to collect
such taxes, tariffs or duties, the amount of such taxes, tariffs and duties will be invoiced to Client and Client
will pay such amount unless Client provides Coraggio with a valid tax exemption certificate authorized by
the appropriate taxing authority. All payments by Client for the Services will be made free and clear of, and
without reduction for, any withholding taxes. Any such taxes which are otherwise imposed on payments to
Coraggio will be Client's sole responsibility. Client will provide Coraggio with official receipts issued by the
appropriate taxing authority or such other evidence as is reasonably requested by Coraggio to establish
that such taxes have been paid.
3.3 Client will pay or reimburse Coraggio all reasonable out-of-pocket costs and expenses
Coraggio or its subcontractors incurs in connection with the performance of its obligations under this
Agreement (including but not limited to reasonable transportation, lodging and meals).
4. Relationship of the Parties.
4.1 Coraggio is an independent contractor, and this Agreement is not intended to form a
partnership, joint venture, franchise or agency relationship between the parties. Coraggio and any person
or entity performing services on Coraggio's behalf, including but not limited to Coraggio's employees,
agents, affiliates, subsidiaries, and subcontractors (collectively "Coraggio's Personnel") are and will be
either independent contractors of Coraggio or Coraggio's employees, and are not employees or agents of
Client. Neither Coraggio nor any of Coraggio's Personnel are entitled to participate in any benefit program
provided by Client to its employees. Coraggio is solely responsible for payment of compensation to
Coraggio's Personnel and will withhold and timely pay to appropriate authorities all taxes, contributions,
and assessments imposed or required under all laws with respect to payments made to Coraggio's
Personnel.
4.2 Coraggio will abide by all reasonable instructions and directions issued by Client and
comply with Client's safety or other policies applicable to third party contractors, as may be amended from
time to time.
5. Rights to Intellectual Property.
5.1 As used in this Agreement, the term "Deliverables" means all materials and information
provided by Coraggio to Client under this Agreement but does not include Background Materials (defined
below).
5.2 The Deliverables shall be considered works made for hire and owned by Client. To the
extent the Deliverables cannot be considered works made for hire, Coraggio hereby assigns to Client
2
Coraggio's entire right, title and interest, including all patent, copyright, trade secret, trademark and other
proprietary rights, in the Deliverables.
5.3 Notwithstanding the foregoing provisions, Coraggio shall retain all right, title and interest,
including but not limited to all rights pertaining to copyright, trademark, trade secrets, patent and all other
intellectual property rights embodied within or associated with Coraggio's Background Materials.
"Background Materials" means any information, materials, software, technologies, know-how or the like
created or developed by or for Coraggio, or acquired by Coraggio (including materials and technology
available to Coraggio in accordance with a license grant) either (i) prior to the Effective Date of this
Agreement, (ii) subsequent to such Effective Date if conceived, reduced to practice, authored, created or
developed separately and independently of Coraggio's performance under this Agreement, or (iii) of general
utility to Coraggio in the performance of services in the marketplace.
6. Confidentiality.
6.1 "Confidential Information" means all information disclosed (orally or in writing) by one
party ("Discloser") to any other party ("Recipient") prior to the termination of this Agreement (before or
after the Effective Date) which is marked "proprietary" or "confidential" or which the Recipient reasonably
ought to know the Discloser regards as confidential. Without limiting the generality of the foregoing, Client
Confidential Information includes any program participant information, or any other information which has
been entrusted to Client by third parties, which Client identifies as confidential or which Coraggio knows or
should reasonably know is confidential.
6.2 In order to gather candid and impartial information, as part of Coraggio's standard
procedure, Coraggio maintains confidentiality of participant identity, including information of both
interviewees and survey takers. Consequently, participant identity information will not be shared directly
with Client. Client agrees not to request such information form Coraggio.
6.3 Each party will hold the other party's Confidential Information in confidence with at least as
much care as it holds its own confidential information (and in no event using less than reasonable care),
and neither party will disclose any of the other party's Confidential Information to any third party.
6.4 The duties of confidentiality and nondisclosure under this Agreement will not apply to any
information that (i) at the time of disclosure to Recipient, had previously been published or was otherwise
publicly available; (ii) is published or becomes otherwise publicly available after having been disclosed to
Recipient, unless through the breach by Recipient of its obligations under this Agreement; (iii) is
independently developed by Recipient without reliance on the Confidential Information; (iv) prior to
disclosure to Recipient, was already in Recipient's possession on a non -confidential basis, or (v) has been
or is made available to a third party on a non -confidential basis.
6.5 Each party may use the Confidential Information solely for purposes of its performance
under this Agreement, and may disclose such information to its employees and professional advisors
("Representatives") only on a need -to -know basis, provided that such employees are bound by obligations
of confidentiality at least as restrictive as those set forth in this Agreement. Each party agrees to be
responsible for its own breach of this Agreement, including any action of any of its Representatives causing
or resulting in such a breach.
6.6 Recipient may disclose Confidential Information of Discloser as required by a subpoena,
court order or otherwise by law or self -regulatory organization rule, provided that it gives Discloser written
notice in advance of such disclosure sufficient to permit Discloser to seek to quash the subpoena or obtain
an appropriate protective order and, if nonetheless required to disclose, provides only the minimum
Confidential Information necessary to comply with the subpoena, order, or as otherwise lawfully required.
6.7 Upon termination of this Agreement or at any time upon written request of Discloser,
Recipient will return (or destroy at Discloser's option) all copies of Confidential Information in its possession,
3
custody, or control, except that Recipient may retain a copy of Confidential Information solely tc
demonstrate its compliance with its obligations under this Agreement. Upon written request of Discloser,
Recipient will certify in writing its compliance with this requirement.
6.8 Each party's obligations under this section will survive termination of this Agreement and
will continue in full force and effect with respect to Confidential Information of the other party for five (5)
years from the date of disclosure of such Confidential Information, except that nothing herein is intended to
limit or abridge the protection of trade secrets under applicable trade secrets law, and if any Confidential
Information is a trade secret under applicable law, Recipient will treat such Confidential Information as
confidential for the longer of five years or such later date such Confidential Information is no longer a trade
secret.
7. Mutual Defense and Indemnification.
7.1 Indemnification by Coraggio. Coraggio will defend, indemnify and hold Client harmless in
accordance with this section. Coraggio will defend Client and its officers, directors, employees and agents
("Client Indemnified Parties") against any claim, demand, suit or proceeding made or brought against any
of the Client Indemnified Parties by a third party alleging that any portion of the Deliverables infringes or
misappropriates such third party's intellectual property rights (a "Claim Against Client"), and will indemnify
the Client Indemnified Parties from any damages, attorney fees and costs finally awarded against such
Client Indemnified Parties, or as Coraggio agrees with the applicable third party in the settlement of the
claim, demand, suit or proceeding.
7.2 Indemnification by Client. Client will defend Coraggio and its officers, directors, employees
and agents ("Coraggio Indemnified Parties") against any claim, demand, suit or proceeding made or
brought against Coraggio by a third party arising from Client's operation of its business (a "Claim Against
Coraggio"), and will indemnify Coraggio from any damages, attorney fees and costs finally awarded against
Coraggio, or as Coraggio agrees with the applicable third party in the settlement of the claim, demand, suit
or proceeding.
8. Insurance. Coraggio will maintain insurance coverage of the types and to the extent customary in
the industry in connection with the Services and as may be required by applicable law. Coraggio will provide
to Client all documentation reasonably requested to evidence the coverages and amounts required under
this section.
9. LIMITATION OF LIABILITY. In no event will either party be liable for any indirect, special,
punitive, or consequential damages that may arise in connection with this Agreement, regardless
of the cause of action or characterization of the damages, even if the party to be held liable has
been advised of the possibility of such damages. In no event will Coraggio's aggregate liability to
Client exceed the amount of fees paid or payable by Client to Coraggio in the 12-month period
immediately preceding the event giving rise to liability.
10. Warranties and Disclaimers.
10.1 Coraggio warrants that the Services will be performed and the Deliverables developed and
delivered in a diligent and skillful manner consistent with generally accepted industry standards for like
services and deliverables.
10.2 Except as expressly set forth in this Agreement, Coraggio makes no warranties or
representations to Client with respect to any aspect of its performance under this Agreement,
whether oral or written, express, implied or statutory. Without limiting the foregoing, any implied
warranty or condition of merchantability, and the implied warranty or condition of fitness for a
particular purpose, are expressly excluded and disclaimed.
11. Conflict of Interest Disclosure. Coraggio will disclose all direct or indirect actual or potential
0
conflicts of interest it may have with Client to Client Representative. "Direct or indirect actual or potential
conflict of interest" is defined as any situation in which Coraggio has or may be reasonably construed to
have a direct or indirect personal or financial interest in any business affairs of Client, whether (i) because
of a proposed contract or transaction to which the Client may be a party, in which Client may be interested,
or which is under consideration by Client, or (ii) because such conflict is purely conceptual, because of
similarity of business interests or affairs ("Conflict of Interest"). Coraggio agrees to promptly inform the
Client Representative of any Conflict of Interest with Client which becomes apparent during the term of this
Agreement.
12. Representations and Warranties. Each party hereby represents and warrants to the other party
that: (a) it is a business entity duly organized, validly existing and in good standing under the laws of the
jurisdiction of its formation, has all requisite power and authority to carry on its business and to own and
operate its properties and assets, (b) it has obtained all authorizations, consents and approvals,
governmental or otherwise, necessary for the execution and delivery of this Agreement, and to otherwise
perform its obligations under this Agreement, (c) there is no pending or, to its knowledge, threatened
litigation involving it which would have any material adverse effect on this Agreement or on its ability to
perform its obligations hereunder, and (d) there is no agreement to which it is a party or by which it is bound
that prohibits or would prohibit its execution of and performance under this Agreement.
13. Marketing and Publicity. Except as provided herein, no press release, announcement, publication
or other use of the other party's insignia, logos, trademarks, tradename, or service marks (collectively, the
"Marks") shall be made by either party without the other party's approval. All use by either party of the other
party's Marks will inure to the benefit of the party owning the Marks. Consistent with the terms of this
Agreement, including Coraggio's obligations of confidentiality and nondisclosure, Coraggio may list Client
as a client of Coraggio in the following Coraggio marketing materials: representative client lists, screen
shots, case studies, and printed and digital sales material, all of which will be prepared in a manner
consistent with the highest standards of professionalism. Coraggio may provide a link to Client's website
on Coraggio's website. Coraggio agrees that Client's may revoke this permission at any time in its
reasonable discretion.
14. General Provisions.
14.1 Governing Law. This Agreement will be g ned On all r is by the laws of the State
of Oregen as they apply te agreemeRts eRtered inte and te be perfermed eRtirely within Oregon between
Orogen residents, withe t regard tG GGRfliGt of law p
14.2 Dispute Resolution.
(a) Each party agrees that any dispute between the parties relating to this Agreement
will first be submitted in writing to a panel of two senior executives each party, who will promptly meet and
confer (telephone communications sufficient) in an effort to resolve such dispute through good faith
consultation and negotiation. Each party's executives shall be identified by notice to the other party, and
may be changed at any time thereafter also by notice to the other. Any decisions of the executives will be
final and binding on the parties. In the event the executives are unable to resolve any dispute within thirty
(30) days after submission to them, either party may then commence legal proceedings as provided in this
Agreement.
(b) Nothing in this section, however, requiring informal dispute resolution prior to
instituting legal proceedings will prohibit either party from seeking injunctive relief in situations where such
proceedings may be appropriate, including but not limited to threatened or actual infringement of intellectual
property or misuse or disclosure of proprietary or confidential information.
(c) Any dispute arising under this Agreement will be subject to binding arbitration by
a single arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry
rules, if any. The arbitration will be held in Multnomah County, Oregon. The arbitrator will have the authority
5
to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any
award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) In the event of any arbitration or litigation in connection with this Agreement, the
prevailing party in such proceeding shall be entitled to recover from the other all its costs and expenses
incurred, including reasonable attorney fees, both in trial court and appeal, and including any bankruptcy
proceeding.
14.3 Execution in Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic
signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other
transmission method and any counterpart so delivered shall be deemed to have been duly and validly
delivered and be valid and effective for all purposes. Minor variations in the form of the signature page,
including footers from earlier versions of this Agreement or any such other document, shall be disregarded
in determining the party's intent or the effectiveness of such signature.
14.4 Order of Precedence. If there is a conflict or ambiguity between any provision of this
Agreement and any exhibit, the provisions of this Agreement will prevail, unless and to the extent that any
exhibit expressly provides that any portion of that exhibit will prevail.
14.5 Headings. The headings in this Agreement are for reference only and shall not affect the
meaning, construction, or interpretation of this Agreement.
14.6 No Third -Party Beneficiaries. This Agreement is made and entered into for the sole
purpose and legal benefit of the parties, and no other person shall be a direct or indirect legal beneficiary
of, or have any direct or indirect cause of action or claim in connection with, this Agreement.
14.7 Severability. If any court of competent jurisdiction finds any portion of any provision of this
Agreement to be unenforceable or contrary to applicable law, the parties agree that the provision will be
deemed modified to the least extent necessary to make it enforceable, and all other provisions of this
Agreement will remain unaffected.
14.8 No Waiver. The failure of either party to exercise any right, or the waiver by either party of
any breach, shall not prevent a subsequent exercise of such right, or be deemed a waiver of any subsequent
breach, of the same or any other provision of this Agreement. All waivers must be in writing, and signed by
the party waiving its rights.
14.9 Mutually Drafted. This Agreement will not be construed more strictly against one party than
the other merely by virtue of the fact that it has been prepared initially by one party, it being recognized that
both parties and their respective legal counsel have had a full and fair opportunity to negotiate and review
the terms and provisions of this Agreement and to contribute to its substance and form.
14.10 Notices. All notices or other communications that are required or permitted under this
Agreement must be in writing and will be sufficient if delivered personally or sent by nationally -recognized
overnight courier or by certified mail, postage prepaid, return receipt requested, to the addresses set forth
at the beginning of this Agreement, or to any other address provided in accordance with this section.
14.11 Authority. Each of the individuals signing this Agreement represents and warrants that he
or she has been properly authorized by the party for whom the individual is signing this Agreement to enter
into this Agreement.
14.12 Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter, and supersedes all other agreements (express or implied), proposals,
negotiations, representations or communications relating to the subject matter. Both parties acknowledge
[ei
that they have not been induced to enter this Agreement by any representations or promises not specifically
stated in this Agreement. The protections of this Agreement will apply to actions of the parties performed
in preparation for and anticipation of the execution of this Agreement. Any amendment to this Agreement
must be in writing and signed by duly authorized representatives of the parties.
The parties have executed this Agreement to be effective as of the date first set forth above.
Coraggio Group, LLC Client
Signature
Printed name
Signature
Printed name
Title Title
Date Date
[Signature page — Consulting Services Agreement]
7
Exhibit A
STATEMENT OF WORK NO. 1
SOW Effective Date:
DATE
Name of Client:
EXPERIENCE FAYETTEVILLE
Initial Term:
[year(s) / months ]
Renewal Term:
[year(s) / months ]
This statement of work ("Statement of Work" or "SOW") is entered into as of the SOW Effective Date set
forth above and is made a part of the Consulting Services Agreement entered into between Coraggio and
the Client identified above (the "Agreement"). Capitalized terms not defined in this Statement of Work have
the meanings given in the Agreement.
Term
The term of this Statement of Work will begin on the SOW Effective Date and unless terminated earlier as
provided in the Agreement, will continue in effect for the length of the Initial Term set forth above, and will
automatically renew for the period of the Renewal Term set forth above, unless either party provides to the
other party written notice no later than thirty (30) days prior to the then -current scheduled expiration of the
Initial Term or Renewal Term of that party's intention that the Statement of Work not be renewed.
Services
Coraggio will provide the following Services:
1. An inventory and assessment of the city's tourism assets, including attractions, accommodations,
restaurants and other amenities.
2. An analysis of the city's tourism industry, including market trends, visitor demographics and
economic impact.
3. Interviews with 10-15 stakeholders to assess the current view of tourism industry in Fayetteville.
4. An electronic survey publicly available to assess public awareness of Experience Fayetteville,
perception of economic impact of tourism, attitude toward events and other tourism amenities.
5. A review of Experience Fayetteville's sales and marketing efforts, including an analysis of the
effectiveness of current strategies.
6. Identification of potential opportunities, including niche markets and emerging trends.
7. Development of a strategic plan for investment in tourism infrastructure and amenities, including
recommendations for public -private partnerships and funding sources.
8. Identification of strategies for enhancing the visitor experience.
Deliverables
Coraggio will provide the following Deliverables:
E-3
12406904
GET CLEAR
hL I
GET FOCUSED
>
GET MOVING
• Immersion/Kickoff Meeting
• Document Request and
Review
• Stakeholder Survey
• Stakeholder Listening
Sessions
• Stakeholder 1:1 Interviews
• Destination Resilience
Assessment
• Marketing/Communications
Assessment
• Asset Assessment
• Resident Sentiment
Research
• Visitor Profile Research
• Comprehensive Situation
Assessment
Compensation
• Planning Committee Work
Session 1—Situation
Assessment & Visitor
Journey
• Stakeholder Check -In
• Planning Committee Work
Session 2—Vision, Mission,
Values, Hard Truths
• Planning Committee Work
Session 3—Destination
Imperatives, Objectives &
Draft Destination Strategies
• Planning Committee Work
Session 4—Destination
Strategies
• Planning Committee Work
Session 5—Finalize Plan
and Implementation
Planning
• Tourism Master Plan
Documentation
• Collective Impact
Workshop
• Implementation Coaching
• Coraggio will not perform any work over the agreed budget unless a written agreement from
Customer is received.
• If the scope of work and needs of Client evolve to exceed these services and deliverables
outlined, then Coraggio will inform Client prior to starting any work.
• Budgets and hourly rates outlined in this Statement of Work are based on the standard Coraggio
rates.
• Payment terms are net 15
• Estimated travel costs are excluded from this fee schedule, as noted, and will be billed to Client at
cost, as incurred.
December 2023:
$
14,393.38
January 2024:
$
14,393.38
February 2024:
$
14,393.38
March 2024:
$
14,393.38
April 2024:
$
14,393.38
May 2024:
$
14,393.38
June 2024:
$
14,393.38
July 2024:
$
14,393.38
August 2024:
$
14,393.38
September 2024:
$
14,393.38
October 2024:
$
14,393.38
November 2024:
$
14,393.38
December 2024:
$
14,393.38
Fees subtotal:
$ 187,113.94
Estimated travel costs:
$
16,500.00
Total:
$ 203,613.94
Coraggio will invoice Client for the fees as provided in the Agreement.
9
[Space intentionally left blank]
10
The parties have executed this Statement of Work No. as of the date first set forth above.
Coraggio Group, LLC. Client
Signature
Printed name
Title
Date
Signature
Printed name
Title
Date
[Signature page — Exhibit A]
11