HomeMy WebLinkAbout2024-03-25 - Agendas - FinalFayetteville Advertising and
Promotion Commission
March 26, 2024
Location: Fayetteville Town Center, 15 W. Mountain Street
Commissioners:
Staff:
Chrissy Sanderson, Chair, Tourism & Hospitality Representative
Katherine Kinney, Tourism & Hospitality Representative
Todd Martin, Tourism & Hospitality Representative
Elvis Moya, Tourism & Hospitality Representative
Andrew Prysby, Commissioner at-large
Sarah Bunch, City Council Representative
Mike Wiederkehr, City Council Representative
Molly Rawn, CEO
I.Call to order at 2:00 p.m.
II.Old Business
Agenda
A.Review and approval of February minutes.
III.New Business
A.CEO Report. Molly Rawn. An executive overview of the previous month.
B.Financial Report. Jennifer Walker, VP of Finance
C.Vote. Recommendation to appoint Chrissy Sanderson for a second full term on the
A&P Commission.
D.Vote. Forge Productions Contract for First Thursday, memo attached
E.Vote. Copier Lease Renewal, memo attached
F.Presentation. Sarah King, VP of Marketing and Communications
G.Additions to the agenda may be added upon request from a majority of the
commissioners.
IV.Adjourn
Fayetteville Advertising and Promotion Commission
Minutes February 26, 2024
Fayetteville Town Center
Commissioners
Present:
Commissioners
Absent:
Staff:
Chair Chrissy Sanderson, Tourism & Hospitality Representative
Mike Wiederkehr, City Council Representative
Katherine Kinney, Tourism & Hospitality Representative
Sarah Bunch, City Council Representative
Elvis Moya, Tourism & Hospitality Representative
Andrew Prysby, Commissioner at-large (online)
Todd Martin
Molly Rawn, CEO; Jennifer Walker, VP of Finance, Sarah King, VP of
Marketing and Communications
I.Chair Sanderson called the meeting to order at 2:00 pm and declared a quorum.
II.Old Business
A.Chair Sanderson presented the January minutes and hearing no
additions or corrections, she stated that the minutes stood approved as
presented.
B.Roll call attendance reflected that Commissioner Martin is absent and
Commissioner Prysby is attending virtually, with the other
commissioners present in person.
III.New Business
A.CEO Report
In Personnel, AC Day has transitioned from her part-time role as an Event
Services Coordinator to a new role as a part-time Marketing Coordinator for
Fayetteville Town Center. We also hired a new part-time Event Services
Coordinator, Camille Letchford.
Rawn then shared an update on our Tourism Master Planning work with
Coraggio Group - by the end of the day, each of the commissioners will
have received a stakeholder survey and they have also received a
resilience survey. We will also be hosting listening sessions (in person
and virtual) with stakeholders. She is speaking with the city of Fayetteville
to see if we can host the residence survey on the Speak Up Page.
In sales, she reported that we landed the NICA conference in June,
additionally the Arkansas Black Music Festival’s estimated economic
impact was $25,000 and was a great event.
We have two staff members, Madison Hurley and Monica Jannati who are
now both Servsafe certified.
Fayetteville Restaurant Week starts February 25th and we have surpassed
76 signed up restaurants.
Rawn stated she is asking Kelly Rich to come and update the commission
at an upcoming meeting to share the Downtown Fayetteville Coalition’s
strategic plan. The DFC will also host their first annual meeting in April.
Kelly has also successfully rolled out a new process to inform downtown
merchants of special events. Finally, the DFC has announced a
Strawberry festival to be May 19th.
Rawn then shared the 2023 Community Investment sheet and the process
that Sarah King and Tina Archer Cope created. Rawn stated that the
community is understanding the process and that she anticipates that we
will run out of funds as more and more community event organizers learn
about this opportunity.
B. Financials
CEO Rawn shared the 2023 HMR slide which showed a 7.2% increase
over the prior year’s collection.
VP of Finance Walker shared that we ended 2023 with 104% in revenue
and 96% in expenses and $786,000 in operating net income. She stated
that these are not audited financial statements, these numbers are subject
to change.
The balance sheet for December shows $5.1 million dollars in cash and
investments.
In reviewing the January financials, she pointed out that 8% is our target for
both revenue and expenses with both coming in around 7%. With almost
$383,000 in HMR tax collections, we were 2% below our seasonally
adjusted budget. Our net operating loss is ($42,938) due to some large
quarterly or annual expenses that are paid in January.
C. Vote. Engagement letter with Forvis, LLP
Rawn stated this is our 4th year for the Forvis team doing our audit and we
budgeted $30,000 to do this work for our 2023 financial audit and she is
asking for a vote to authorize her to sign this engagement letter. Chair
Sanderson asked for any questions. With no questions, Commissioner
Wiederkehr made a motion which Commissioner Kinney seconded to
authorize Rawn to sign the engagement letter. It was approved
unanimously via a roll call vote.
D. Vote. Internal AV Upgrade at Fayetteville Town Center
This will upgrade the Creston system. Commercial Audio Systems is the
recommended vendor as they are the only local vendor certified to provide
the necessary upgrade. Chair Sanderson asked if we had a motion to
accept the quote from Commercial Audio Systems for the projector and the
equipment refresh and authorize the CEO to spend up to $48,600, which
represents the quote plus 10 percent to do the necessary upgrades.
Commissioner Kinney made the motion with Commissioner Bunch
seconding it and it was approved unanimously.
E. Conclusion.
Commissioner Sanderson asked if there were any additions or
announcements and Commissioner Prysby asked if we could consider
linking our website to the Coalition of Hip Hideaways which is a project with
NWA Council and involves Missoula, MT, Chattanooga, TN, Colorado
Springs, CO and NWA. Rawn stated that she just finished doing an
interview about that and she would love to work with the NWA Council to
see how we could work together.
With no further business, Chair Sanderson asked for a motion to adjourn
the meeting and Commissioner Moya made a motion with Commissioner
Kinney seconding it to adjourn the meeting
Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville
Monthly A&P Tax Collections 2024**
** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department.
% change
from
2023
-1.99%
0.24%
February Collection
$38,341 + $284,248
Lodging Restaurant
Prior Dues Collected
$349,739
Total HMR Collected
27.59% 18.27% 4.19%
2010 2021 2022 2023 2024
Memo
To: Molly Rawn, CEO, Experience Fayetteville
Fayetteville Advertising & Promotion Commissioners
From: Jennifer Walker, VP Finance, Experience Fayetteville
Date: March 12, 2024
Re: Financial Statements – February 2024
This packet contains Experience Fayetteville Financial Statements for the month ended
February 29, 2024. The following reports are included in the packet:
• Summary P&L Financials for month ended February 29, 2024
• Balance Sheet for month ended February 29, 2024
Target Budget February – 17%
Revenue target 17% of budget or higher by the end of February 2024.
Expenditures target 17% or lower at February 2024.
Total Revenue YTD: $817,808 or 13%; We are 4% below target.
Tax Receipts - $732,325 (3% below budget ytd)
Town Center - $ 71,614 (5% below budget ytd)
Other - $13,870
Total Operating Expenditure YTD: $938,802 or 15%; this is 2% under budget.
EF Main - $784,193
Town Center - $154,609
HMR tax – YTD February Collections (January activity) are 3.6% below the seasonally
adjusted budget.
Operating Net Loss is ($120,994) year to date.
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ February 29, 2024
Experience Fayetteville
Year-to-Date
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue 732,325 5,208,000 (4,475,675) 14.1%
Rental and Event Revenue - 55,350 (55,350) 0.0%
Visitor Center Store Revenue 2,876 46,500 (43,624) 6.2%
Advertising Revenue 500 3,500 (3,000) 14.3%
Grant & Other Revenue - 210,000 (210,000) 0.0%
Interest and Investment Revenue 10,494 25,000 (14,506) 42.0%
Total Revenue 746,194 5,548,350 (4,802,156) 13.4%
Expenses
Operating Expenses
Event Expenses - 89,550 (89,550) 0.0%
Visitor Center & Museum Store 6,233 53,619 (47,386) 11.6%
Personnel 188,146 1,412,532 (1,224,386) 13.3%
Sales & Marketing 367,046 1,494,392 (1,127,346) 24.6%
Office and Administrative 75,737 489,312 (413,575) 15.5%
Bond Payments 116,300 700,000 (583,700) 16.6%
Contribution to Capital Reserve - 100,000 (100,000) 0.0%
Other Tourism Support - Community, Art Court, DFC 30,731 311,500 (280,769) 9.9%
TheatreSquared Contribution - 200,000 (200,000) 0.0%
Total Operating Expenses 784,193 4,850,905 (4,066,712) 16.2%
Net Income/(Loss) Before Other Revenue and Expenses (37,999) 697,445 (735,444) -5.4%
Other Income
Unrealized Gain/(Loss) on Investments (35,935) - (35,935) 0.0%
Other Expenses
FFE & Improvements 22,230 511,000 (488,770) 4.4%
Depreciation Expense 17,189
Cost of Goods Sold (4,076)
Net Income/(Loss) (109,277) 186,445 (259,786) -58.6%
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ February 29, 2024
Town Center
Year-to-Date
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Rental Revenue 70,838 578,340 (507,502) 12.2%
Event Revenue 756 13,650 (12,894) 5.5%
Parking Revenue - 27,000 (27,000) 0.0%
Interest and Investment Revenue 20 100 (80) 20.0%
Total Revenue 71,614 619,090 (547,476) 11.6%
Expenses
Operating Expenses
Rental Expenses 6,554 231,500 (224,946) 2.8%
Event Expenses 5,435 35,000 (29,565) 15.5%
Personnel 87,327 672,612 (585,285) 13.0%
Sales & Marketing 1,099 35,650 (34,551) 3.1%
Office and Administrative 54,194 373,305 (319,111) 14.5%
Total Operating Expenses 154,609 1,348,067 (1,193,458) 11.5%
Net Income/(Loss) Before Other Revenue and Expenses (82,995) (728,977) 645,982 11.4%
Other Expenses
FFE & Improvements - 460,000 (460,000) 100.0%
Depreciation Expense 19,867 0.0%
Net Income/(Loss) (102,862) (1,188,977) 1,086,115 8.7%
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ February 29, 2024
CONSOLIDATED
Year-to-Date
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue 732,325 5,208,000 (4,475,675) 14.1%
Rental Revenue 70,838 578,340 (507,502) 12.2%
Event Revenue 756 69,000 (68,244) 1.1%
Visitor Center Store Revenue 2,876 46,500 (43,624) 6.2%
Parking Revenue - 27,000 (27,000) 0.0%
Advertising Revenue 500 3,500 (3,000) 14.3%
Grant/Other Revenue - 210,000 (210,000) 0.0%
Interest and Investment Revenue 10,514 25,100 (14,586) 41.9%
Total Revenue 817,808 6,167,440 (5,349,632) 13.3%
Expenses
Operating Expenses
Rental Expenses 6,554 231,500 (224,946) 2.8%
Event Expenses 5,435 124,550 (119,115) 4.4%
Visitor Center & Museum Store 6,233 53,619 (47,386) 11.6%
Personnel 275,473 2,085,144 (1,809,671) 13.2%
Sales & Marketing 368,145 1,530,042 (1,161,897) 24.1%
Office and Administrative 129,931 862,617 (732,686) 15.1%
Bond Payments 116,300 700,000 (583,700) 16.6%
Contribution to Capital Reserves - 100,000 (100,000) 0.0%
Other Tourism Support - Community, Art Court, DFC 30,731 311,500 (280,769) 9.9%
TheatreSquared Contribution - 200,000 (200,000) 0.0%
Total Operating Expenses 938,802 6,198,972 (5,260,170) 15.1%
Net Operating Income/(Loss) (120,994) (31,532) (89,462) 383.7%
Other Income
Unrealized Gain/(Loss) on Investments (35,935) 0.0%
Other Expenses
FFE & Improvements 22,230 971,000 (948,770) 2.3%
Depreciation Expense 37,056 0.0%
Cost of Goods Sold (4,076) 0.0%
Net Income/(Loss) (without CX Grants) (212,139) (1,002,532) 826,329 21.2%
ASSETS
Fayetteville A&P Commission
Balance Sheet
As of February 29, 2024
Current Assets
Cash 3,726,972
Investments 1,179,349
Accounts Receivable 557,874
Prepaid Expenses 29,951
Deposits 28,369
Inventory Asset 27,898
Total Current Assets 5,550,413
Other Assets
Capital Assets
Furniture & Fixtures
169,248
Equipment 756,009
EF/CVB Building 940,410
EF/CVB Land 198,621
Building Additions 1,451,322
Walker-Stone House 1,174,064
Vehicles 122,860
Construction in Progress 19,205
Accumulated Depreciation (1,727,990)
Total Other Assets 3,103,750
TOTAL ASSETS 8,654,163
LIABILITIES AND EQUITY
Current Liabilities
Accounts Payable 162,738
Unearned Revenue 307,480
Total Liabilities 470,219
Equity
Unreserved Fund Balance
6,167,913
Operating Reserve 1,000,000
Capital Reserve 1,100,000
Temporarily Restricted Funds
Net Revenue
Gain/(Loss) on Investments
(35,935)
126,817
Net Revenue without Cyclocross (177,203)
Net Revenue for Cyclocross 2,352 (210,786)
Total Equity 8,183,944
TOTAL LIABILITIES AND EQUITY 8,654,163
Memo
To: Fayetteville Advertising and Promotion Commissioners
From: Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission
Date: March 20, 2024
Re: Authorization to Sign Agreement with FORGE Production for First
Thursday Festival
Background:
The team responsible for First Thursday relies on third-party vendors for staging,
lighting, and sound production for the mainstage at each of its five First Thursday
events:
May
June
August
September
October
Three quotes were sought, and we are recommending FORGE for their ability to
provide the mobile hydraulic stage and production services throughout the entire
season without supplementing their services.
Recommendation:
The CEO recommends she be authorized to sign an agreement totaling $30,000 with
FORGE Production for production of the First Thursday Festival.
Fayetteville A&P
Commission
124 WOODCLIFF RD. - SPRINGDALE, AR 72764
SOUND AND LIGHTING SERVICE CONTRACT
Agreement made this 19th day of March 2024, by and between FORGE PRODUCTIONS
(Production Company) (hereinafter referred to as the “Contractor”) and EXPERIENCE
FAYETTEVILLE (hereinafter referred to as the “Buyer”) for the purpose of contracting
production reinforcement between the undersigned parties.
CONTRACTOR hereby agrees to provide all sound, lighting, and necessary
production equipment specified in Exhibit A , attached hereto and made part of this
agreement. CONTRACTOR'S equipment listed in Exhibit A is in good working order
and equal to the manufacturer's operating specifications.
SCHEDULE AND LOCATION OF EVENTS
The EVENT LOCATION (S)/DATE(S) are:
2024 First Thursday Series
The Downtown Fayetteville Square
Fayetteville, Arkansas
LOAD-IN may commence at:
1:00pm – May 2, 2024
1:00pm – June 6, 2024
1:00pm – August 1, 2024
1:00pm – September 5, 2024
1:00pm – October 3, 2024
SHOWTIME(S) are:
6:00pm – May 2, 2024
6:00pm – June 6, 2024
6:00pm – August 1, 2024
6:00pm – September 5, 2024
6:00pm – October 3, 2024
The CONTRACTOR shall OPERATE AND LEAVE EQUIPMENT SET UP
UNTIL :
End of event/show for each of the above-listed dates, after which the Contractor
shall remove all equipment and personnel from the venue by: 11:59 P.M. on such
date.
BUYER shall pay to CONTRACTOR a total purchase price of $30,000.00. A deposit
of $15,000.00 (equal to 50% of the purchase price) will be due upon execution of this
contract , and the remaining $15,000.00 will be paid in 5 equal installments of
$3,000.00, with each installment payment due upon arrival to the venue for the buildout
of each of the above scheduled shows. CHECKS PAYABLE TO : FORGE
PRODUCTIONS
Contractor will provide qualified personnel to operate all equipment provided for in this
Agreement. No other personnel, including Buyer and/or his employees, shall operate
the Contractor’s equipment without the express consent of Contractor.
Buyer shall provide adequate security to protect the Contractor's equipment and
personnel during the term of this Agreement.
Contractor shall have no obligation for furnishing or providing any other duties or
equipment or utility cost other than what is stated in this contract.
Buyer agrees that it shall apply for, obtain, and provide for the benefit of Forge
Productions, all insurance certificates, permits, licenses, electric and construction
permits, etc... as required under applicable local and state law, at the premises upon
which such concerts/events will be performed, at no cost to Contractor.
Buyer assumes all risk of loss for any or all damages to the production equipment and
any other contracted equipment except in those instances when said damages have been
caused by the active neglect of Contractor. In the event of loss or damage to the
equipment due to the gross negligence of the Buyer, Buyer at the option of Contractor
shall (a) place the same in good repair; or (b) pay Contractor in cash, the depreciated
value of equipment lost or damaged.
Contractor shall at all times be considered under the terms of this Agreement, an
independent contractor and shall not be responsible for any obligation of Buyer with
respect to third parties whatsoever. Buyer and Contractor agree that they shall hold
each other harmless and indemnify from and against any and all liabilities, claims, loss,
expense including attorney's fees, of any kind, or nature, for property damage or
damage or injury to any person or incurred at or during the concert(s)/event(s)
Contractor shall not be liable in damages to Buyer for any acts of omission, or the
consequences thereof, which shall result from any cause beyond the reasonable control
of Contractor. Buyer is, in addition, liable for all terms and conditions contained within
any and all riders hereafter attached to this agreement.
Contractor and Buyer, each at their own expense (with insurance companies having a
current A.M. Best & Company's rating of not less than "A" excellent), will carry
commercial general liability insurance with a minimum limit of one million
($1,000,000) and name each other as additionally insured throughout the Term of this
Agreement. Proof of coverage, as well as Contractor license number and other such
information, will be provided upon request of the Buyer.
There shall be no reduction of the above contract price in the event of cancellation or
non-completion of the concert(s)/event(s)/rental(s) in whole or in part whether resulting
from weather, failure of performers to appear or perform, sickness, accident, strike, riot,
act of God, or any cause whatsoever.
Buyer shall issue all-access permits to performance and production areas to all
designated employees of the Contractor in advance of Contractor's arrival at the venue.
The personnel designated for such access are:
Clay Helder
Adam Putman
Zach Lay
Mason Rios
Justin Rucker
Chase Julian
Buyer shall be notified in advance of Contractor’s arrival at the venue if there are any
changes in the list of Contractor's personnel required to complete the terms of this
Agreement. Contractor will use only personnel directly connected to the production of
the event under the terms of this Agreement.
BUYER shall provide 0 HOTEL ROOMS for Contractor from:
Buyer shall provide the electrical power and circuits necessary for Contractor to
perform his duties hereunder. The Contractor's electrical requirements are listed in
Exhibit B attached hereto. Contractor will use only licensed and bonded electricians in
preparing the Contractor's electrical requirements. Power must be in place and of the
specifications in Exhibit B one hour before the load -in time specified herein.
Buyer will provide adequate parking immediately adjacent to the staging area for the
loading and unloading of equipment and parking/vehicle access permits to contractor
and designated vehicles. Parking shall be reserved in advance for any vehicle the
Contractor may need in the performance of his duties hereunder. It is Buyer's
responsibility to retain access to and from the stage area and to secure Contractor's
parking during the entire term of this Agreement.
Contractor is acting as an independent contractor in the performance of his duties
herein. Buyer is not responsible for any workman compensation insurance of any kind
for Contractor or Contractor's employees or personnel. All expenses pertaining to
Contractor's employees and personnel, including but not limited to taxes, insurance,
union or guild dues, or any other expenses regarding Contractor's employees or
personnel are the sole responsibility of the Contractor.
The agreement is for services rendered rain or shine. I n the event of inclement weather
or any other condition which Contractor or Buyer regard as hazardous to any person or
persons, Contractor shall notify Buyer of such concerns/hazards and will, only after
mutual agreement, interrupt the performance of Contractor’s duties until such concerns
are fully resolved. Any such interruption, postponement or cancellation of services
shall not affect the Contractor's compensation specified herein.
If the performance is CANCELLED for any reason prior to show date, the deposit
paid will be held by Forge Productions LLC or 50% of contracted payment is required
if no deposit was issued. If performance is CANCELLED within 24 hours of the
scheduled loadin, full payment is required . Please do not hesitate to contact us if
you have any questions or wish to discuss the logistics of the event further.
Neither party may assign any of its rights or obligations under this agreement without
the written consent of the other party, provided, however, Contractor may assign this
agreement to any of its affiliates or any successor to its business without the prior
written consent of the Buyer.
ADDITIONAL TERMS AND CONDTIONS:
See Attached Rider (If Any)
Should any portion of this Agreement prove to be invalid, illegal or unenforceable, it
shall not affect the balance of this Agreement. This Agreement is guided by and
governed by the laws of the State of ARKANSAS and WASHINGTON County shall
be the place of execution and jurisdiction.
Should any litigation arise between the parties hereto regarding the performance of this
Agreement, the prevailing party shall be compensated for whatever damages are
awarded, plus reasonable attorney's fees by the other party.
This Agreement is the complete understanding between the parties and supersedes and
replaces all previous agreements or representations both written and oral.
THE UNDERSIGNED PARTIES have read and understand the terms and conditions of this
Agreement and do hereby set their hands.
_____________________________ _____________________________
CONTRACTOR SIGN BUYER SIGN
_____________________________ _____________________________
CONTRACTOR PRINT BUYER PRINT
______________ ________________
DATE DATE
FORGE PRODUCTIONS EXPERIENCE FAYETTEVILLE
124 WOODCLIFF RD. 21 S. BLOCK ST.
SPRINGDALE, AR 72764 FAYETTEVILLE, AR 72701
EXHIBIT A
PROJECT EQUIPMENT LIST : See attached estimate #1244
ITEMIZED LIST NOT FINAL
EXHIBIT B
FORGE POWER REQUIREMENTS FROM VENUE
BUYER WILL PROVIDE
Minimum 60amp power service tie-in via bare wire or RV style plug
FORGE PRODUCTIONS WILL SUPPLY
N/A
OR AS APPROVED BY FORGE PRODUCTIONS
Memo
To: Molly Rawn, CEO Fayetteville A&P Commissioner,
Fayetteville A&P Commissioners,
From: Amy Stockton, Experience Fayetteville Director of Operations
Date: March 14, 2024
Re: Copier Equipment Lease Renewal
Background
Our two 60-month copier leases for both Experience Fayetteville and Fayetteville Town
Center are expiring.We solicited and received proposals from four different companies.
After reviewing proposals, we recommend renewing a contract with TDSIT, our current
provider, for two Xerox C8055 copiers and two Xerox C405 copiers.
TDSIT has provided prompt, reliable service and their new maintenance agreement
includes a significantly lower cost-per-print on the desktop copiers.
Budgetary Impact
The lease agreement for Experience Fayetteville is $240.21 a month and the lease
agreement for Fayetteville Town Center is $149.92 a month, both for 60 months. The
two 60-month lease agreements combined are a total of $23,407.80. This breaks down
to a monthly cost slightly lower than we have budgeted for 2024.
Recommendation
Staff recommends the commission authorize the CEO to sign two lease agreements
with TDSIT via GreatAmerica Financial Services Corporation for a total of
$23,407.80 for 60 months.
CUSTOMER (“YOU” OR “YOUR”)
AGREEMENT
GREATAMERICA FINANCIAL SERVICES CORPORATION
PAYMENT ADDRESS:
PO BOX 660831, DALLAS TX 75266-0831
AGREEMENT NO.: 1969108
FULL LEGAL NAME: Fayetteville Advertising & Promotion Commission DBA Experience Fayetteville
ADDRESS: 21 S Block Ave Ste 100 Fayetteville AR 72701-6499
Total Document Solutions Lowell, AR
TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES SEE ATTACHED SCHEDULE
1 Xerox C8055 copier
2 Xerox C405 copier
EQUIPMENT LOCATION: As Stated Above (*PLUS TAX)
TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT*: $240.21
AGREEMENT. You want us to now pay your Vendor for the equipment and/or software
referenced herein (“Equipment”) and the amounts your Vendor included on the invoice to
us for the Equipment for related installation, training, and/or implementation costs, and
you unconditionally agree to pay us the amounts payable under the terms of this
agreement (“Agreement”) each period by the due date. This Agreement will begin on the
date the Equipment is delivered to you or any later date we designate. If we do not
receive by the due date, at the remittance address indicated on your invoice, any amount
payable to us, you will pay a late charge equal to: 1) the greater of ten (10) cents for each
dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less.
NET AGREEMENT. THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE
AGREEMENT TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT
BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO
PAY US UNDER THE TERMS OF THIS AGREEMENT, WITHOUT SET-OFFS FOR ANY
REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF
IT IS NOT YOUR FAULT.
EQUIPMENT USE. You will keep the Equipment in good working order, use it for
business purposes only, and not modify or move it from its initial location without our
consent. You must resolve any dispute you may have concerning the Equipment with the
manufacturer or Vendor. Payments under this Agreement may include amounts you owe
your Vendor under a separate arrangement (for maintenance, service, supplies, etc.),
which amounts may be invoiced by us on your Vendor’s behalf for your convenience.
SOFTWARE/DATA. Except as provided in this paragraph, references to “Equipment”
include any software referenced above or installed on the Equipment. We do not own the
software and cannot transfer any interest in it to you. We are not responsible for the
software or the obligations of you or the licensor under any license agreement. You are
solely responsible for protecting and removing any confidential data/images stored on the
Equipment prior to its return for any reason.
NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HAVE ACCEPTED THE EQUIPMENT “AS-IS”. YOU CHOSE THE EQUIPMENT,
THE VENDOR AND ANY/ALL SERVICE PROVIDER(S) BASED ON YOUR JUDGMENT.
YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF
ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU
ANY WARRANTIES GIVEN TO US.
ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement
without our written consent. We may sell or assign this Agreement or our rights in the
Equipment, in whole or in part, to a third party without notice to you. You agree that if we
do so, the assignee will have our rights but will not be subject to any claim, defense, or
set-off assertable against us or anyone else.
LAW/FORUM. This Agreement and any claim related to this Agreement will be governed
by Iowa law. Any dispute will be adjudicated in a state or federal court located in Linn
County, Iowa. You consent to personal jurisdiction and venue in such courts and waive
transfer of venue. Each party waives any right to a jury trial.
LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment.
No such loss or damage will relieve you from your payment obligations hereunder. We
are not responsible for, and you will indemnify us against, any claims, losses or damages,
including attorney fees, in any way relating to the Equipment or data stored on it. This
indemnity will survive the expiration of this Agreement. In no event will we be liable for
any consequential or indirect damages.
INSURANCE. You agree to maintain commercial general liability insurance acceptable
to us. You also agree to: 1) keep the Equipment fully insured against loss at its
replacement cost, with us named as loss payee; and 2) provide proof of insurance
satisfactory to us no later than 30 days following the commencement of this
Agreement, and thereafter upon our written request. If you fail to maintain property loss
insurance satisfactory to us and/or you fail to timely provide proof of such insurance,
we have the option, but not the obligation, to secure property loss insurance on the
Equipment from a carrier of our choosing in such forms and amounts as we deem
reasonable to protect our interests. If we secure insurance on the Equipment, we will
not name you as an insured party, your interests may not be fully protected, and you
will reimburse us the premium which may be higher than the premium you would pay if
you obtained insurance, and which may result in a profit to us through an investment in
reinsurance. If you are current in all of your obligations under the Agreement at the
time of loss, any insurance proceeds received will be applied, at our option, to repair or
replace the Equipment, or to pay us the remaining payments due or to become due
under this Agreement, plus our booked residual, both discounted at 3% per annum.
TAXES. We own the Equipment. You will pay when due, either directly or by
reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales
or use tax due upfront will be payable over the term with a finance charge.
END OF TERM. At the end of the term of this Agreement (or any renewal term) (the
“End Date”), this Agreement will renew month to month unless a) we receive written
notice from you, at least 60 days prior to the End Date, of your intent to return the
Equipment, and b) you timely return the Equipment to the location designated by us, at
your expense. If the returned Equipment is not immediately available for use by
another without need of repair, you will reimburse us for all repair costs. You cannot
pay off this Agreement or return the Equipment prior to the End Date without our
consent. If we consent, we may charge you, in addition to other amounts owed, an
early termination fee equal to 5% of the amount we paid for the Equipment.
DEFAULT/REMEDIES. If a payment becomes 10+ days past due, or if you otherwise
breach this Agreement, you will be in default, and we may require that you return the
Equipment to us at your expense and pay us: 1) all past due amounts and 2) all
remaining payments for the unexpired term, plus our booked residual, discounted at
3% per annum; and we may disable or repossess the Equipment and use all other
legal remedies available to us. You agree to pay all costs and expenses (including
reasonable attorney fees) we incur in any dispute with you related to this Agreement.
You agree to pay us interest on all past due amounts at the rate of 1.5% per month, or
at the highest rate allowed by applicable law, if less.
UCC. You agree that this Agreement is (and/or shall be treated as) a “Finance Lease”
as that term is defined in Article 2A of the Uniform Commercial Code (“UCC”). You
agree to forgo the rights and remedies provided under sections 507-522 of Article 2A
of the UCC.
MISCELLANEOUS. This Agreement is the entire agreement between you and us
relating to the Equipment and supersedes any prior representations or agreements,
including any purchase orders. Amounts payable under this Agreement may include a
profit to us. The parties agree that the original hereof for enforcement and perfection
purposes, and the sole “record” constituting “chattel paper” under the UCC, is the
paper copy hereof bearing (i) the original or a copy of either your manual signature or
an electronically applied indication of your intent to enter into this Agreement, and (ii)
our original manual signature. If any provision of this Agreement is unenforceable, the
other provisions herein shall remain in full force and effect to the fullest extent
permitted by law. Any change must be in writing signed by each party.
THIS AGREEMENT IS NON-CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EQUIPMENT.
OWNER: GreatAmerica Financial Services Corporation CUSTOMER: (As Stated Above)
SIGNATURE: DATE: SIGNATURE: X DATE:
PRINT NAME & TITLE: PRINT NAME & TITLE:
The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted.
SIGNATURE: X NAME AND TITLE: DATE:
ZG01(RL)_0510 03/13/24 135
VENDOR (VENDOR IS NOT OUR AGENT AND IS NOT AUTHORIZED BY US TO ACT ON OUR BEHALF OR TO WAIVE OR ALTER ANY PROVISION OF THIS AGREEMENT)
EQUIPMENT AND PAYMENT TERMS
ADDITIONAL TERMS AND CONDITIONS
OWNER (“WE”, “US”, “OUR”) CUSTOMER’S AUTHORIZED SIGNATURE
CERTIFICATE OF DELIVERY AND ACCEPTANCE
CUSTOMER (“YOU” OR “YOUR”)
AGREEMENT GREATAMERICA FINANCIAL SERVICES CORPORATION
PAYMENT ADDRESS:
PO BOX 660831, DALLAS TX 75266-0831
AGREEMENT NO.: 1969105
FULL LEGAL NAME: Fayetteville Advertising & Promotion Commission DBA Fayetteville Town Center
ADDRESS: 15 W Mountain St Fayetteville AR 72701-6068
Total Document Solutions Lowell, AR
TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES SEE ATTACHED SCHEDULE
1 Xerox C8055 copier
EQUIPMENT LOCATION: As Stated Above (*PLUS TAX)
TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT*: $149.92
AGREEMENT. You want us to now pay your Vendor for the equipment and/or software
referenced herein (“Equipment”) and the amounts your Vendor included on the invoice to
us for the Equipment for related installation, training, and/or implementation costs, and
you unconditionally agree to pay us the amounts payable under the terms of this
agreement (“Agreement”) each period by the due date. This Agreement will begin on the
date the Equipment is delivered to you or any later date we designate. If we do not
receive by the due date, at the remittance address indicated on your invoice, any amount
payable to us, you will pay a late charge equal to: 1) the greater of ten (10) cents for each
dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less.
NET AGREEMENT. THIS AGREEMENT IS NON-CANCELABLE FOR THE ENTIRE
AGREEMENT TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT
BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO
PAY US UNDER THE TERMS OF THIS AGREEMENT, WITHOUT SET-OFFS FOR ANY
REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF
IT IS NOT YOUR FAULT.
EQUIPMENT USE. You will keep the Equipment in good working order, use it for
business purposes only, and not modify or move it from its initial location without our
consent. You must resolve any dispute you may have concerning the Equipment with the
manufacturer or Vendor. Payments under this Agreement may include amounts you owe
your Vendor under a separate arrangement (for maintenance, service, supplies, etc.),
which amounts may be invoiced by us on your Vendor’s behalf for your convenience.
SOFTWARE/DATA. Except as provided in this paragraph, references to “Equipment”
include any software referenced above or installed on the Equipment. We do not own the
software and cannot transfer any interest in it to you. We are not responsible for the
software or the obligations of you or the licensor under any license agreement. You are
solely responsible for protecting and removing any confidential data/images stored on the
Equipment prior to its return for any reason.
NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HAVE ACCEPTED THE EQUIPMENT “AS-IS”. YOU CHOSE THE EQUIPMENT,
THE VENDOR AND ANY/ALL SERVICE PROVIDER(S) BASED ON YOUR JUDGMENT.
YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF
ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU
ANY WARRANTIES GIVEN TO US.
ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement
without our written consent. We may sell or assign this Agreement or our rights in the
Equipment, in whole or in part, to a third party without notice to you. You agree that if we
do so, the assignee will have our rights but will not be subject to any claim, defense, or
set-off assertable against us or anyone else.
LAW/FORUM. This Agreement and any claim related to this Agreement will be governed
by Iowa law. Any dispute will be adjudicated in a state or federal court located in Linn
County, Iowa. You consent to personal jurisdiction and venue in such courts and waive
transfer of venue. Each party waives any right to a jury trial.
LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment.
No such loss or damage will relieve you from your payment obligations hereunder. We
are not responsible for, and you will indemnify us against, any claims, losses or damages,
including attorney fees, in any way relating to the Equipment or data stored on it. This
indemnity will survive the expiration of this Agreement. In no event will we be liable for
any consequential or indirect damages.
INSURANCE. You agree to maintain commercial general liability insurance acceptable
to us. You also agree to: 1) keep the Equipment fully insured against loss at its
replacement cost, with us named as loss payee; and 2) provide proof of insurance
satisfactory to us no later than 30 days following the commencement of this
Agreement, and thereafter upon our written request. If you fail to maintain property loss
insurance satisfactory to us and/or you fail to timely provide proof of such insurance,
we have the option, but not the obligation, to secure property loss insurance on the
Equipment from a carrier of our choosing in such forms and amounts as we deem
reasonable to protect our interests. If we secure insurance on the Equipment, we will
not name you as an insured party, your interests may not be fully protected, and you
will reimburse us the premium which may be higher than the premium you would pay if
you obtained insurance, and which may result in a profit to us through an investment in
reinsurance. If you are current in all of your obligations under the Agreement at the
time of loss, any insurance proceeds received will be applied, at our option, to repair or
replace the Equipment, or to pay us the remaining payments due or to become due
under this Agreement, plus our booked residual, both discounted at 3% per annum.
TAXES. We own the Equipment. You will pay when due, either directly or by
reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales
or use tax due upfront will be payable over the term with a finance charge.
END OF TERM. At the end of the term of this Agreement (or any renewal term) (the
“End Date”), this Agreement will renew month to month unless a) we receive written
notice from you, at least 60 days prior to the End Date, of your intent to return the
Equipment, and b) you timely return the Equipment to the location designated by us, at
your expense. If the returned Equipment is not immediately available for use by
another without need of repair, you will reimburse us for all repair costs. You cannot
pay off this Agreement or return the Equipment prior to the End Date without our
consent. If we consent, we may charge you, in addition to other amounts owed, an
early termination fee equal to 5% of the amount we paid for the Equipment.
DEFAULT/REMEDIES. If a payment becomes 10+ days past due, or if you otherwise
breach this Agreement, you will be in default, and we may require that you return the
Equipment to us at your expense and pay us: 1) all past due amounts and 2) all
remaining payments for the unexpired term, plus our booked residual, discounted at
3% per annum; and we may disable or repossess the Equipment and use all other
legal remedies available to us. You agree to pay all costs and expenses (including
reasonable attorney fees) we incur in any dispute with you related to this Agreement.
You agree to pay us interest on all past due amounts at the rate of 1.5% per month, or
at the highest rate allowed by applicable law, if less.
UCC. You agree that this Agreement is (and/or shall be treated as) a “Finance Lease”
as that term is defined in Article 2A of the Uniform Commercial Code (“UCC”). You
agree to forgo the rights and remedies provided under sections 507-522 of Article 2A
of the UCC.
MISCELLANEOUS. This Agreement is the entire agreement between you and us
relating to the Equipment and supersedes any prior representations or agreements,
including any purchase orders. Amounts payable under this Agreement may include a
profit to us. The parties agree that the original hereof for enforcement and perfection
purposes, and the sole “record” constituting “chattel paper” under the UCC, is the
paper copy hereof bearing (i) the original or a copy of either your manual signature or
an electronically applied indication of your intent to enter into this Agreement, and (ii)
our original manual signature. If any provision of this Agreement is unenforceable, the
other provisions herein shall remain in full force and effect to the fullest extent
permitted by law. Any change must be in writing signed by each party.
THIS AGREEMENT IS NON-CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EQUIPMENT.
OWNER: GreatAmerica Financial Services Corporation CUSTOMER: (As Stated Above)
SIGNATURE: DATE: SIGNATURE: X DATE:
PRINT NAME & TITLE: PRINT NAME & TITLE:
The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted.
SIGNATURE: X NAME AND TITLE: DATE:
ZG01(RL)_0510 03/13/24 135
VENDOR (VENDOR IS NOT OUR AGENT AND IS NOT AUTHORIZED BY US TO ACT ON OUR BEHALF OR TO WAIVE OR ALTER ANY PROVISION OF THIS AGREEMENT)
EQUIPMENT AND PAYMENT TERMS
ADDITIONAL TERMS AND CONDITIONS
OWNER (“WE”, “US”, “OUR”) CUSTOMER’S AUTHORIZED SIGNATURE
CERTIFICATE OF DELIVERY AND ACCEPTANCE
Feb 25 - March 2, 2024
*
*
*
A Successful 2nd
Annual Fayeeville
Restaurant Week!
79 participating restaurants (up from 54
participants in 2023!)
Almost all restaurants said they had new
business as a result of FRW
Social media interactions doubled during FRW
* New and enhanced connections with UARK
From a participant:
I just want to say thanks to you and to everyone who makes
Restaurant Week possible. Besides helping small businesses
like mine, it gives us the opportunity to reward current
customers and to aract new ones. The free marketing
provided by EFRW had a very positive results for Golden
Kolache Bakery and it is very appreciated!”
-Isabella M.
“
Advertising Creative Snapshot
Paid Advertising Summary
1.6M
9,000+
Experience Fayeeville ran digital
and radio ads to promote
Fayeeville Restaurant Week
(Feb. 8-March 1)
Advertising Channels:
Programmatic display, radio ads,
and NWA Daily newsleer
impressions served from
digital ads
526
radio ad spots aired with
locally owned radio
stations (Jon/Deek,
KISS/KQIS, 106.5 KBVA, Red
Dirt 96.7)
clicks to the FRW
page on website
228 Users Tagged Experience Fayeeville
During Restaurant Week
Earned Media Coverage
University of Arkansas partnerships