HomeMy WebLinkAbout2025-01-27 - Agendas - FinalFayetteville Advertising and
Promotion Commission
January 27, 2025
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
Jennifer Walker, Interim CEO
Agenda
I.Call to order at 2:00 p.m.
II.Old Business
A.Review and approval of meeting minutes from December 9th, January 9th and
January 16th.
III.New Business
A.Vote. Appointment of a commission chairperson. In accordance with our by-laws, a
chairperson must be voted on by the active commissioners at the first meeting of
every year. The chair serves a one-year term.
B.CEO Report. Jennifer Walker. An executive overview of the previous month.
C.Financial Report. Jennifer Walker, Interim CEO | Vice President of Finance
D.Master Destination Plan Presentation. Sara Meaney, Managing Partner, Coraggio
Group
E.Vote. Contract renewal for Outright. Sarah King, VP of Marketing and
Communications. Staff recommends the commission authorize the interim CEO to
enter an agreement for Agency of Record services with Outright in the amount of
$234,000 and to amend the end date of the MSA to 12/31/2025. Memo, Change
Order and Agreement (SOW) attached.
F.Vote. Agreement with Arrivalist. Sarah King, VP of Marketing and Communications.
Staff recommends the commission authorize the Interim CEO to enter into an
agreement with Arrivalist, LLC in the amount of $52,250. Memo and Agreement
attached.
G.Vote Agreement with Archetype for Visitors Guide. Sarah King, VP of Marketing and
Communications. Staff recommends that the commission authorize the Interim CEO
to enter into an agreement with Archetype in the amount of $46,800 for a printed
Visitors Guide. Memo and Agreement attached.
1
H.Vote. Memorandum of Understanding with Bishop Racing, LLC. Sarah King, VP of
Marketing and Communications.
Staff recommends that the commission authorize the Interim CEO to enter into an
agreement with Bishop Racing, LLC in the amount of $23,000 for the development of
an adventure biking documentary with an appropriation of $23,000 from the Cycling
Legacy Fund. Memo, Project Summary and MOU attached.
I.Vote. Updating Bank Account Authorized Signers. Jennifer Walker, Interim CEO.
Staff recommends, in accordance with the commission’s financial policies, a vote to
authorize the following individuals as signers with full authority on all four accounts: the
2025 chairperson and Amy Stockton, Director of Operations. Memo Attached.
J.Vote. Removing Bank Account Authorized Signers. Jennifer Walker, Interim CEO
Staff recommends a vote to authorize the removal of individuals listed as signers not
included in the updated list. Memo Attached.
K.Vote. Alcohol Permit Holder – Change of Manager. Jennifer Walker, Interim CEO
With Molly Rawn’s departure, staff recommends appointing staff member Tyler Wilson
as the new alcohol permit manager. Memo Attached.
L.Additions to the agenda may be added upon request from a majority of the
commissioners.
IV.Announcements:
A. Fayetteville Advertising and Promotion Commission will soon have two open
seats.
i.Commissioner Martin’s tourism and hospitality seat and Commissioner
Prysby’s at-large seat both expire on March 31st. Both declined to reapply.
ii.Applications were advertised and collected until November 15th 2024. We have
received a total of 7 applications.
iii.Staff recommends a selection committee conduct interviews and present
recommendations at the February Commission meeting for a vote.
iv.Final recommendations should be sent to Fayetteville City Council by February
28th (agenda request deadline) for March 18th City Council Meeting.
v.Suggested Selection Committee Members:
Commission Chairperson or designee
Amy Stockton | Director of HR,
Operations and Jennifer Walker | Interim CEO
V.Adjourn
2
Fayetteville Advertising and Promotion Commission
Minutes December 9th, 2024
Fayetteville Town Center
Commissioners
Present:
Commissioners
Absent:
Staff:
Chrissy Sanderson, Chair, Tourism & Hospitality Representative
Elvis Moya, Tourism & Hospitality Representative (virtual)
Mike Wiederkehr, City Council Representative
Sarah Bunch, City Council Representative
Katherine Kinney, Tourism & Hospitality Representative (virtual)
Andrew Prysby, At Large Position
Todd Martin, Tourism & Hospitality Representative
Molly Rawn, CEO; Jennifer Walker, VP of Finance
I.Chair Sanderson called the meeting to order at 2:00 pm and declared a quorum.
II.Old Business
A.Chair Sanderson asked if there were any corrections or additions to the minutes
and hearing none, stated that the minutes stand as presented.
B.Chair Sanderson then made a motion to add an agenda item related to CEO
transition with CEO Rawn being newly elected as incoming Mayor. It was
seconded by Commissioner Wiederkehr.
III.New Business
A.CEO Report
CEO Rawn presented the 2025 A&P Commission meeting calendar, noting that the
May meeting would be moved from the 4th to the 3rd Monday due to Memorial Day
holiday.
B.Vote. 2025 Budget Presentation.
CEO Rawn began by covering 5 overarching items about the 2025 proposed budget:
1)We are projecting a 4% increase in HMR from our 2024 budgeted amount.
2)8% personnel increase – relatively flat at EF, increases at FTC
3) $200,000 contribution to TheatreSquared
4)Significant capital expenditures of $1 Million to finish EF’s renovation and
continue with needed upgrades at FTC
5)Presenting a balanced operating budget
Rawn continued by showing in and outflows of $6,272,940 and some key changes for
2025.
1)Key events included Music Cities Activations, Party Animals and Cyclocross
national championships
2)HMR Tax Increase has been budgeted with a 4% increase
3)FTC shows 8% increase in revenue and 600K in capital projects
4)Downtown – we will continue our $125,000 contract with the city, increasing the
amount that flows directly to DFC 3
5) Personnel – market adjustments at FTC and 3% COLA
She mentioned that the Cyclocross national championships will include a contract that
can be funded by the Cyclocross legacy funds rather than our operating budget.
The fund balance amounts were mentioned: our fund balance is approximately
$6,322,000 with a $1,000,000 operating reserve. Capital reserve is currently depleted
with the number of projects we have done and VP Walker shared that if the commission
wanted to replenish the capital reserves, it could do that.
CEO Rawn asked for questions concerning the presented budget. Commissioner Moya
asked about funds for welcome signage work and Rawn said there was $10,000 in a
specified line item for work on that, noting it would most likely be used for creative
concept and design work.
Rawn also noted that there are funds in Other Events Expenses for a 4th of July
celebration if the team decides to do that.
Commissioner Moya asked about the increase in the DFC line item and Rawn stated it
was because more of the city grant was being allocated to DFC rather than EF, allowing
DFC to pay for more of their operational expenses. Commissioner Moya requested a
breakdown of DFC’s budget as an FYI and Rawn stated she could do that.
A capital reserves discussion ensued with Commissioner Wiederkehr suggesting a 10
year rolling calendar of system upgrades so incoming staff and commissioners know
when items needed to be replaced. VP Walker stated that this was a full spending
capital plan and it was decided that this could be a project for our incoming CEO. With
discussion on how much to fund our capital reserve, VP Walker recommended we first
create our capital plan and then we can be better informed on capital reserve amounts
and there was general agreement to go this route.
With no more questions, Commissioner Sanderson asked for a motion to approve the
2025 budget. Commissioner Moya made the motion to do and it was seconded by
Commissioner Prysby and was approved unanimously via a roll call vote.
CEO Rawn asked if the commission could address the included 2025 Cyclocross
Legacy Fund budget that was included in the packet. She stated that while it was not
included in the operating budget, it would be helpful for the upcoming year.
Commissioner Wiederkehr moved to approve the 2025 Cyclocross Legacy Fund budget
as presented and this was seconded by Commissioner Prysby and was approved via a
unanimous roll call vote.
C.Vote. Furniture purchase for Experience Fayetteville Renovation.
CEO Rawn stated that Amy Stockton secured three quotes from furniture companies
and that this cost was included in the 2025 budget that was just approved. We would like
to move forward with Innerplan, a company also located in downtown Fayetteville.
You will note that we did not include a contingency as we normally do as we hope to get
the total purchase under 160K.
CEO Rawn reviewed the floor plan that this furniture would cover.
Chair Moya asked if the other quotes were in line, price wise, with this quote and Rawn
answered that when the quote was adjusted to reflect the amount of furniture we would
need, and other factors, this quote was in line with the others.
4
With no other questions, Chair Sanderson asked if we had a motion to authorize the
CEO to accept the Innerplan Office Interiors’ quote and approve expenditures up to
$163,779.30. Commissioner Prysby made the motion with Commissioner Wiederkehr
seconding and it was approved unanimously via a roll call vote.
.
D.CEO Transition
CEO Rawn began by stating she has worked for Experience Fayetteville for 8 years and
has thoroughly enjoyed it. As she takes on the new role of Mayor, she plans to submit a
resignation letter and that she would like to stay employed through January 1st and work
with staff throughout the holidays.
She has had conversations with VP Jennifer Walker about Walker serving as the Interim
CEO and Walker is on board with this recommendation. VP Walker stated that she is
not at this time interested in the role, but was happy to serve in this interim role.
Chair Sanderson asked if there was a motion to approve VP Jennifer Walker as Interim
CEO effective January 2, 2025. Commissioner Wiederkehr made the motion with
Commissioner Prysby seconding it and it was approved unanimously via a roll call vote.
CEO Rawn stated that it was her recommendation that she and Amy Stockton create a
posting and timeline for the position and work with Chair Sanderson on that as
Sanderson had volunteered for that.
Commissioner Wiederkehr suggested we discuss using a hiring firm and it was decided
that the staff and Chair Sanderson would begin a search process for a firm with the plan
being to present a proposal at a special meeting to be called in early January.
With no further announcements, there was a motion and a second by several
commissioners to adjourn the meeting at 3:17pm.
Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville
5
Fayetteville Advertising and Promotion Commission
Minutes January 9th, 2025
Virtual Meeting
Commissioners
Present:
Commissioners
Absent:
Staff:
Chrissy Sanderson, Chair, Tourism & Hospitality Representative
Elvis Moya, Tourism & Hospitality Representative
Mike Wiederkehr, City Council Representative
Sarah Bunch, City Council Representative
Todd Martin, Tourism & Hospitality Representative
Andrew Prysby, At Large Position
Katherine Kinney, Tourism & Hospitality Representative
Jennifer Walker, Interim CEO
I.Chair Sanderson called the meeting to order at 2:03pm.
II.New Business
A.Chair Sanderson called for an executive session to discuss the Interim CEO’s
salary and promotion.
After Executive Session, Chair Sanderson said the decision was made to table
this issue until either the next regularly scheduled meeting or a special meeting.
B.Vote. Executive Search Firm Contract.
Interim CEO Walker informed the commission that there was a memo and an
agreement from Winner Partners in their packets.
She stated that the search committee had spoken with three different search firms
and that the search firm’s proposals were all very similar in price.
She shared that the committee was recommending Winner Partners due to their more
comprehensive approach and strong local connections in the destination marketing
industry. She noted that she conducted two references checks, both with very
positive feedback. She also stated that the general timeline to conduct the search
would be 80 days. The contract is for $48,000 plus pre-approved expenses of
approximately $12,500 which is mainly for travel costs of candidates and advertising
Chair Sanderson opened it up for questions of Winner Partners’ team, who was
attending the meeting.
Commissioner Wiederkehr asked “what do you see as Fayetteville’s biggest
challenge and also one of our greatest assets when you look at marketing it for a
search?” Dennis Tracy with Winner Partners introduced himself and his ties to
Arkansas, having worked at the Little Rock CVB and also assisting in searches for
that organization. Tracy noted the positive would be numerous but one large asset is
the infrastructure growth such as direct flights, and amenities such as Crystal Bridges.
6
Any negative would be that it is a competitive job market right now for DMOs. Tina
Winner stated it would be a great asset to be able to tell the story of how the former
CEO is still available as the mayor and also that our outdoor attractions, especially
cycling, were very attractive.
Chair Sanderson also mentioned the very hands-on approach Winner Partners
presented, which she appreciated. Commissioner Martin asked about the process,
noting that he thought the timeline seemed longer than he anticipated. More
discussion was had concerning the timeline and the commissioners’ desire that the
firm focus on Fayetteville’s attributes, not necessarily NW Arkansas attributes.
Commissioner Moya asked for clarification of the advertising expenses and Winner
addressed those. Commissioner Prysby asked how we would handle an entry slate
of candidates that really miss the mark and Winner explained that with weekly check
ins and engagement sessions, they had several mechanisms baked into the process
to ward against that happening.
After more discussion, Chair Sanderson asked for a motion. Commissioner
Wiederkehr made a motion to authorize interim CEO Walker to execute a contract
with Winner Partners for the CEO executive search and Commissioner Moya
seconded this.
Chair Sanderson read the formal recommendation which is a vote to authorize Interim
CEO Jennifer Walker to execute a contract with Winner Partners for the CEO
executive search, with a professional fee of $48,000 plus pre-approved expenses. It
passed unanimously via a roll call vote.
C.Vote. Appropriate funds from the Unreserved Fund Balance to cover the expense of
the executive search.
Chair Sanderson asked for a motion to appropriate funds from the Unreserved Fund
Balance in the amount of $65,000 to cover the professional fee and direct expenses
related to the search which Commissioner Martin made and Commissioner
Wiederkehr seconded.
It was approved unanimously via roll call vote.
The meeting was adjourned at 12:36pm with a motion from Commissioner Martin
and a second from Commissioner Moya
Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville
7
Fayetteville Advertising and Promotion Commission
Minutes January 16, 2025
Virtual Meeting
Commissioners
Present:
Commissioners
Absent:
Staff:
Chrissy Sanderson, Chair, Tourism & Hospitality Representative
Elvis Moya, Tourism & Hospitality Representative
Mike Wiederkehr, City Council Representative
Sarah Bunch, City Council Representative
Todd Martin, Tourism & Hospitality Representative
Andrew Prysby, At Large Position
Katherine Kinney, Tourism & Hospitality Representative
n/a
Jennifer Walker, VP of Finance
I.Chair Sanderson called the meeting to order at 10:01am
II.New Business
A.The meeting opened with the discussion concerning the commission’s ability to
enter executive session to address the agenda item. The commissioners
consulted Attorney Philip Elmore to determine if they could go into executive
session for some discussion specific to the interim CEO role.
When and if the conversation included a staff member, that staff member had the
right to be invited. With this being understood, the commission went into
executive session at 10:08am.
The executive session ended at 11:07am with Commissioner Martin making a
motion to extend the offer of Interim CEO to Jennifer Walker at a salary of
$165,000 for the interim period of time retroactive to January 2, 2025, with a
return to the budgeted salary for the VP of Finance position when the new CEO
begins employment. This was seconded by Commissioner Wiederkehr who
added that he wished to honor the former CEO’s professional agreement and
written memo and also honor the current employee who is stepping into this
role. It was approved unanimously via a roll call vote.
B.Vote. Creation of a CEO transition policy for inclusion in A&P employee
handbook.
With no questions, a motion was made by Commissioner Martin to allow the
creation of a CEO transition policy for inclusion in the employee handbook with
the understanding it would be brought to the commission for approval. It was
seconded by Commissioner Kinney. It was passed unanimously via roll call vote.
Chair Sanderson called the meeting adjourned at 11:11am.
Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville
8
Executive Updates
December Updates for January A&P Commission Meeting
Executive Updates
• Office renovations remain on schedule, with construction expected to conclude in
February.
o Furniture assembly and office move-in are planned for March.
• The Destination Master Plan creation phase is complete, and Coraggio is presenting the
plan today. A special thanks to Commissioner Moya for his direct contributions as part of
the core team on this project.
o The plan will be unveiled to key stakeholders tomorrow at 11am at the Fayetteville
Town Center. All are welcome to attend and engage as we transition into the “Get
Moving” phase.
• Arkansas Governor’s Conference on Tourism and the 2nd annual Outdoor Economy
Summit will be held in Bentonville, AR on February 23-25.
o This event will feature sessions on tourism trends, outdoor economic impacts,
workforce development, and more.
o The February Commission meeting is currently set for Feb 24; rescheduling may
be requested.
• CEO Search update
o Initial planning meeting with Winner Partners has been completed.
o Site visits and stakeholder interviews are tentatively set for January 28-29, with
virtual options available if needed.
o A draft job description and proposed salary range will be presented to the
Commission for approval. A special meeting may be scheduled to avoid delays.
• Gretchen Hunt has joined our team as a part-time Accounting Specialist. Please join me
in welcoming her!
• Today’s agenda includes adjustments for staff transitions, such as updates to permit
holders and bank signers.
Marketing and Communications
• Managed press releases and media requests for Lights of the Ozarks (LOTO) parade
and Light Night
• Facilitated local media appearances for CEO transition and KFSM’s Outdoor segment
promoting bikepacking routes.
• Fayetteville Trail Guides have been updated, printed, and received in January.
• 2025 Streetlight Banners plan includes new Pride banners, Downtown banners (Fall),
Razorback banners, and music themed banners during Music Cities Convention.
9
•Visitors Guide proposal is being presented today in partnership with Archetype
Sales and Tourism Activity
•EF Sales team attended Travel South International Showcase in Atlanta as part of the
Arkansas State Tourism team.
o Conducted 40 appointments with media and group traveler advisors
•EF Sales team secured two association meetings for 2025.
•Preliminary planning underway for 2025 USA Cycling Cyclocross National
Championships, with the contract expected to be presented at the February Commission
meeting.
•EF Sales team supported planning and secured 2025 Arkansas Enduro Series with
Ozark Foundation.
•Our LinkedIn EF page gained 115 new followers in December, bringing the total to 4,562
for the year.
•Occupancy December 2024: 45.9%. This represents a 4.3% increase over prior year;
Occupancy YTD is 64.5, up 5% over 2023
•ADR (Average Daily Rate) December 2024 is $104.47, up over 1.6% over prior year;
ADR YTD is $130.88, up 7% over 2023
•Visitor Center welcomed 324 visitors in December.
o 77% decrease from December 2023 (1,434)
o Visitors from Australia, France, Germany, and India
Fayetteville Town Center
•The Fayetteville Town Center entered a busy holiday season in December, hosting 17
events.
o Most notably a four-day transportation and shipping expo for JB Hunt with over
500 attendees.
•Worked with the City’s facilities department on plaza heating system repairs and flower
bed repairs.
Downtown Initiatives
•Successfully wrapped up Lights of the Ozarks season.
•Spring Season events updates scheduled for February’s meeting.
10
$382,586
Monthly A&P Tax Collections 2024**
0.24%
-1.99%
-3.15%
% change
from 2023
Previous YTD (Dec) HMR A&P Tax Collection Totals
2020
$3,008,949
2021
$3,998,903
2022
$4,659,525
2023
$4,994,999
2024
$5,267,698
$21,777
Prior Dues Collected
$473,720
Total HMR Collected
December Collection
(October Activity)
$66,254
Lodging
$385,689
Restaurant
+
-18.70%32.90%16.52%7.20%5.46%
% change over previous year
** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department.
$349,739
$401,088
$416,573 -4.31%
-6.09%
0.89%
2.09%
1.89%
11.86%
3.24%
24.04%
9.79%
$410,352
$444,020
$419,784
$394,928
$453,844
$476,619
$473,720
$546,090
11
Memo
To: Jennifer Walker, Interim CEO, Experience Fayetteville
Fayetteville Advertising & Promotion Commissioners
From: Jennifer Walker, VP Finance, Experience Fayetteville
Date: January 15, 2025
Re: Financial Statements – December 2024
This packet contains Experience Fayetteville Financial Statements for the month ended
December 31, 2024. The following reports are included in the packet:
Summary P&L Financials for month ended December 31, 2024
Balance Sheet for month ended December 31, 2024
Target Budget November – 100%
Revenue target 100% of budget or higher by the end of December 2024.
Expenditures target 100% or lower at December 2024.
Total Revenue YTD: $6,414,905 or 106%; We are 6% above target.
Tax Receipts - $5,267,698 (5% above budget ytd)
Town Center - $795,944 (22% above budget ytd)
Other - $351,263
Total Operating Expenditure YTD: $5,504,265 or 91%; this is 9% under budget.
EF Main - $4,411,983
Town Center - $1,092,283
HMR tax – YTD December Collections (November activity) are 5% above the
seasonally adjusted budget.
Operating Net Income is $910,640 year to date.
DRAFT FINANCIALS - UNAUDITED
12
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ December 31, 2024
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue 5,267,698 5,031,000 236,698 104.7%
Rental Revenue 749,170 605,255 143,915 123.8%
Event Revenue 40,768 60,000 (19,232) 67.9%
Visitor Center Store Revenue 34,746 46,500 (11,754) 74.7%
Parking Revenue 40,916 35,000 5,916 116.9%
Advertising Revenue 4,225 4,000 225 105.6%
Grant/Other Revenue 209,372 210,000 (628) 99.7%
Interest and Investment Revenue 68,010 55,100 12,910 123.4%
Total Revenue 6,414,905 6,046,855 368,050 106.1%
Expenses
Operating Expenses
Rental Expenses 109,386 214,500 (105,114) 51.0%
Event Expenses 83,369 130,100 (46,731) 64.1%
Visitor Center & Museum Store 22,491 53,619 (31,128) 41.9%
Personnel 1,941,998 2,060,934 (118,936) 94.2%
Sales & Marketing 1,322,925 1,440,267 (117,342) 91.9%
Office and Administrative 770,803 845,812 (75,009) 91.1%
Bond Payments 697,800 700,000 (2,200) 99.7%
Contribution to Capital Reserves 100,000 100,000 - 0.0%
Other Tourism Support - Community, Art Court, DFC 255,492 311,500 (56,008) 82.0%
TheatreSquared Contribution 200,000 200,000 - 100.0%
Total Operating Expenses 5,504,265 6,056,732 (552,467) 90.9%
Net Operating Income/(Loss)910,640 (9,877) 920,517 -9219.8%
Other Income
Unrealized Gain/(Loss) on Investments 55,730 0.0%
Other Expenses
FFE & Improvements 769,135 971,000 (201,865) 79.2%
Depreciation Expense 222,334 0.0%
Cost of Goods Sold 2,958 0.0%
Net Income/(Loss) (without CX Grants)(28,058) (980,877) 897,089 2.9%
CONSOLIDATED
Year-to-Date
DRAFT FINANCIALS - UNAUDITED
13
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ December 31, 2024
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Hotel, Motel, Restaurant Taxes Revenue 5,267,698 5,031,000 236,698 104.7%
Rental and Event Revenue 35,024 46,350 (11,327) 75.6%
Visitor Center Store Revenue 34,746 46,500 (11,754) 74.7%
Advertising Revenue 4,225 4,000 225 105.6%
Grant & Other Revenue 209,372 210,000 (628) 99.7%
Interest and Investment Revenue 67,896 55,000 12,896 123.4%
Total Revenue 5,618,961 5,392,850 226,111 104.2%
Expenses
Operating Expenses
Event Expenses 71,640 97,100 (25,460) 73.8%
Visitor Center & Museum Store 22,491 53,619 (31,128) 41.9%
Personnel 1,298,816 1,397,503 (98,687) 92.9%
Sales & Marketing 1,310,998 1,410,917 (99,919) 92.9%
Office and Administrative 454,746 470,507 (15,761) 96.7%
Bond Payments 697,800 700,000 (2,200) 99.7%
Contribution to Capital Reserve 100,000 100,000 - 0.0%
Other Tourism Support - Community, Art Court, DFC 255,492 311,500 (56,008) 82.0%
TheatreSquared Contribution 200,000 200,000 - 0.0%
Total Operating Expenses 4,411,983 4,741,146 (329,164) 93.1%
Net Income/(Loss) Before Other Revenue and Expenses 1,206,978 651,704 555,274 185.2%
Other Income
Unrealized Gain/(Loss) on Investments 55,730 - 55,730 0.0%
Other Expenses
FFE & Improvements 456,977 511,000 (54,023) 89.4%
Depreciation Expense 103,132
Cost of Goods Sold 2,958
Net Income/(Loss)699,641 140,704 503,207 497.2%
Experience Fayetteville
Year-to-Date
DRAFT FINANCIALS - UNAUDITED
14
Modified Accrual Fayetteville A and P Commission
Statement of Budget, Revenue and Expense
Year-to-Date @ December 31, 2024
Actual Budget Over/(Under)
Budget % of Budget
Revenue
Rental Revenue 749,170 605,255 143,915 123.8%
Event Revenue 5,744 13,650 (7,906) 42.1%
Parking Revenue 40,916 35,000 5,916 116.9%
Interest and Investment Revenue 114 100 14 114.2%
Total Revenue 795,944 654,005 141,939 121.7%
Expenses
Operating Expenses
Rental Expenses 109,386 214,500 (105,114) 51.0%
Event Expenses 11,730 33,000 (21,270) 35.5%
Personnel 643,183 663,431 (20,248) 96.9%
Sales & Marketing 11,927 29,350 (17,423) 40.6%
Office and Administrative 316,057 375,305 (59,248) 84.2%
Total Operating Expenses 1,092,283 1,315,586 (223,303) 83.0%
Net Income/(Loss) Before Other Revenue and Expenses (296,339) (661,581) 365,242 44.8%
Other Expenses
FFE & Improvements 312,159 460,000 (147,841) 32.1%
Depreciation Expense 119,202 0.0%
Net Income/(Loss)(727,699) (1,121,581) 393,882 64.9%
Town Center
Year-to-Date
DRAFT FINANCIALS - UNAUDITED
15
ASSETS
Current Assets
Cash 3,877,511
Investments 1,303,840
Accounts Receivable 612,841
Prepaid Expenses 40,014
Deposits 40,838
Inventory Asset 21,449
Total Current Assets 5,896,494
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 426,390
Accumulated Depreciation (1,913,268)
Total Other Assets 3,325,657
TOTAL ASSETS 9,222,150
LIABILITIES AND EQUITY
Current Liabilities
Accounts Payable 161,782
Unearned Revenue 166,086
Total Liabilities 327,868
Long Term Liabilities
Notes Payable - City of Fayetteville Solar 386,825.75
Total Liabilities 386,825.75
Equity
Unreserved Fund Balance 6,958,825
Operating Reserve 1,000,000
Capital Reserve 412,000
Temporarily Restricted Funds 45,558
Net Revenue
Gain/(Loss) on Investments 55,730
Net Revenue 35,343 91,073
Total Equity 8,507,456
TOTAL LIABILITIES AND EQUITY 9,222,150
Fayetteville A&P Commission
Balance Sheet
As of December 31, 2024
DRAFT FINANCIALS - UNAUDITED
16
MEMO
TO: Jennifer Walker, Interim CEO and Fayetteville Advertising &
Promotion Commissioners
From: Sarah King, VP of Marketing & Communications
Date: January 17, 2025
RE: Agency of Record Contract Renewal
Background
Outright was selected as Experience Fayetteville’s Agency of Record after a Request for
Proposals was issued in Summer 2023.
Agency services include audience and campaign research, advertising strategy
development, media planning, buying, and execution; Creative production for paid media
assets; Ad hoc graphic design; Managing media relations & media pitches.
For your consideration:
•A change order extending the original Master Services Agreement (MSA) approved
in November 2023
•Scope of Work for 2025. Our original agreement, set forth in the MSA, stipulates that
a new Scope of Work be submitted for each year of the three year term.
Budgetary Impact
This expense, a total of $234,000, was approved in the 2025 budget. The annual cost is the
same as it was in 2024.
Recommendation
It is our recommendation that the commission authorize the interim CEO of Experience
Fayetteville to enter an agreement for Agency of Record services with Outright in the
amount of $234,000 and to amend the end date of the Master Services Agreement to
12/31/2025.
17
- 1 -
CHANGE ORDER NO. 1
This Change Order No. 1 to Master Services Agreement is entered into this 8 th day of January, 2025 by and
between and between DRD CREATIVE, LLC, a Maryland limited liability company, trading as OUTRIGHT
AGENCY, all of its affiliated and subsidiary entities (collectively referred to as “Outright”) and Fayetteville
Advertising and Promotion Commission (“Client”; collectively Outright and Client are referred to as the
“Parties”), pursuant to the terms of the Master Services Agreement dated December 5, 2023.
PROJECT INFORMATION
A.The Agreement is changed as follows:
12.1 Term of Agreement. The term of this Agreement shall be extended for twelve (12)
months ending December 31, 2025.
WITNESS WHEREOF, each of the Parties hereto has caused this Change Order No. 1 to be executed
by its duly authorized agent.
By: By:
Name: Jared Schwartz Name: Jennifer Walker
Company: Outright Company:_Experience Fayetteville
Title: CEO Title: Interim CEO
18
SCOPE OF WORK No. 3
Statement of Work for
Fayetteville Advertising & Promotion
Commission
This Statement of Work (“SOW”) #3, dated as of January 1, 2025, is subject to the terms and
conditions of the Master Services Agreement (the “Agreement”), DRD CREATIVE, LLC, a
Maryland limited liability company, trading as OUTRIGHT AGENCY, all of its affiliated and
subsidiary entities (collectively referred to as “Outright”) and Fayetteville Advertising &
Promotion (“Client”) dated as of January 1, 2024. The terms below shall be in addition to all
terms contained in the Agreement, which will continue in full force and effect. In the event of a
conflict between this Statement of Work and the Agreement, this Statement of Work shall control.
Term for this Statement of Work
This Statement of Work is effective as of January 1, 2025.
Scope And Definition of Relationship
This SOW confirms that the Fayetteville Advertising & Promotion Commission, hereinafter referred to as
Client, has Outright Agency, hereinafter referred to as Outright, as their Agency of Record beginning on
January 1, 2024. SOW#3 covers the second year of a 3-year engagement. Subsequent years of the
relationship will be covered by future SOWs.
As your Agency of Record partner, Outright has been retained to execute and/or oversee the research,
planning, creative production and execution on advertising and marketing projects needed to promote the
Client and as directed by the Client. Under this agreement, the Agency has authority to purchase media
and outside services on Client's behalf, as well as receive standard agency compensation.
Deliverables
Agency services to be covered by the retainer include the following:
•Ongoing project management
•Weekly meetings
•Audience and campaign research
•Strategy development
•Media planning, buying, and execution
•Ongoing media optimizations
•Ongoing and ad-hoc reporting
•Creative campaign concepting
•Creative production for paid media assets
•Motion & static asset development
•Landing page and website design improvements
•Ad hoc graphic design
•Managing media relations & media pitches
•Correspondence with vendors, earned media & client
19
Assumptions:
1)Outright’s regular working hours are 9:00 am - 6:00 pm EST, Monday through Friday,
excepting holidays. It is expected that all work will take place roughly within these hours.
2)The Client will assign a dedicated Project Manager to the engagement that will serve as
Outright's single point of contact throughout all phases of the work. It will be the
responsibility of the Client Project Manager to set up and schedule all interviews and
meetings with appropriate Client key stakeholders, administration, and staff.
3)The Client will designate one (1) person responsible for approval and signoff of all
documents including but not limited to milestones and contracts.
4)Outright will submit all advertising plans, creative assets and media schedules to
the Client for approval prior to launching paid media campaigns.
5)The Client will be available to answer questions, provide project-related decisions and
remove roadblocks in a timely manner.
6)The Client will provide access to social media, Google Analytics, Arrivalist, and/or
other platforms required for running paid media campaigns.
7)Client will be responsible for approving final ad copy and ad proofs. Client will be
responsible for any translation services required.
8)Client will provide Outright access to existing photography and video assets for use in
campaign creative.
9)This scope of work does not include fee services related to: Visitor's Guide design,
development, printing and advertising, Video production services, Photography
services, Website development or Social media content marketing/management.
10)Development of campaign motion assets assumes creation of simple, social assets
(i.e. :06-:15 video, IG stories, etc). Creation of video content requiring video
production, long-form content, scripting/storyboarding would require a separate SOW.
11)Assumes time for Outright to make up to 2 on-site trips to Client each year. Additional
trips may require additional budget. Travel expenses to be billed separately.
12)Assumes ongoing management for 2-3 platforms: programmatic + one other (search,
social, tbd) + one out-of-home (bus, billboards, tbd). Inclusion of additional platforms
may impact services budget. Outright reserves the right, in its sole and absolute
discretion, to select ad vendors (including itself and/or any related or affiliated
entities) for performance of the Services. Notwithstanding anything contained herein
to the contrary, the respective fees charged by such ad vendors shall be paid by the
Client and shall be non-refundable.
13)Outright can assist in simple website updates related to campaign landing pages (i.e.
providing landing page design assets and direction), however development and
implementation will require additional budget, or will fall under the responsibility of the
Client.
14)Outright can assist with selection and coordination of printers and out-of-home
vendors, but estimate does not include cost for material printing or installation.
15)Outright can pay media vendors on behalf of the Client for a 5% service fee and
media funds must be received before Outright can pay vendors on behalf of the
Client.
Table 1 – Media Budget
The 2025 media budget is still to be determined but assumed to be in line with recent media
budgets (~$300,000). Significant increases in the media budget may result in increased
project fees.
20
Outright can pay vendors on behalf of the Client for a 5% service fee and media funds must
be received before Outright can pay vendors on behalf of the Client. Outright will invoice
Client on a quarterly basis for prepaid media fees.
Table 2 – Project Fees
The project will be billed on a monthly retainer of $19,500 per month. Outright will track time
spent to the retainer over the course of the calendar year and notify Client if activities or
requests would exceed retained services and require additional budget or a new scope of
work.
Specific services will vary month to month, but an approximate monthly breakdown is provided
below. The costs below reflect a fixed monthly price based upon estimated monthly hours
dedicated to supporting Client as your Agency of Record. We recognize that some months
may have more time dedicated to design and campaign concepting and planning, while others
may be more focused on ongoing advertising management, data analysis, etc.
Estimated Ongoing Agency Monthly Retainer Fees
Task Deliverable Hours Cost
Project Management •Ongoing project management time
•Biweekly meetings
16 $3,040
Paid Media Campaign
Management & Reporting
•Research
•Strategy development
•Media planning, buying, and execution
•Ongoing optimizations
•Reporting
32 $6,080
Creative Design & Development •Campaign concepting
•Creative production for paid media assets
•Video & static creative development
•Landing page and website design assets
•Ad hoc design requests
42 $7,980
Earned Media, Media Relations,
Crisis Communications
•Managing media relations
•1-2 media pitch per month
•Briefing sheets, correspondence with media &
client
•Reactive vetting of journalists + fam tour vetting
•Support for crisis communications as needed (up
to 2 scenarios total, not monthly)
18 $3,420
Monthly Subtotal 108 $20,520
Monthly Total 5% Outright AoR Discount Applied (-$1,020) $19,500*
Yearly Total $234,000
21
BILLING SCHEDULE:
RATES: All Client approved services in excess of the project fee will be on a Time and Materials
(‘T&M”) per hour basis of $225 per hour for all anticipated Roles.
NOTE 1: For any services requested outside the scope of Services described herein, consulting
fees shall be charged using the $225 per hour rate for all anticipated roles. Outright will obtain
Client’s prior approval before performing any Consulting Services not covered in the Scope of
Services herein.
NOTE 2: Client will provide all logos, font information, and photography to be used on the site
and will have secured all necessary rights to these materials. Any royalty stock photography,
audio and video clips, and special fonts that are selected for the site by Outright with Client
approval will be invoiced in addition to Outright professional service fees.
NOTE 3: Reimbursable expenses are invoiced at cost and are in addition to any Services defined
above and would typically include, but are not limited to:
•Travel mileage at current IRS allowed rates. (This rate may change during the course of
this contract based on new IRS allowances.)
•Travel (air fare, car rental, etc.) related to project activities including hotel stays at Client
locations
•Stock photography, Stock video footage, Sound bed, Voice Over talent, Sound design
•Meals while traveling on Client business
•Large Report preparation costs (copying, binding, presentation boards, etc.)
•Overnight delivery and other postage
•Software, hardware or other equipment costs.
•Invoices for reimbursable expenses are due upon receipt.
Outright Agency
SCOPE OF WORK No. 3
Statement of Work for
Fayetteville Advertising & Promotion
Commission
Agreed and Accepted by:
Outright Agency Client
By: By: __________________________
Name: Name:
Title: Title:
Date: Date:
22
THIS MASTER SERVICES AGREEMENT (“Agreement”) is entered into __________,
2023 by and between DRD CREATIVE, LLC, a Maryland limited liability company, trading as
OUTRIGHT AGENCY, all of its affiliated and subsidiary entities (collectively referred to as
“Outright”) and the Fayetteville Advertising and Promotion Commission, a governmental
agency established by Ordinance No. 2310 of the City of Fayetteville pursuant to Arkansas law
(Ark. Code Ann. § 26-75-605) (“Client”; collectively Outright and Client are referred to as the
“Parties”).
RECITALS
WHEREAS, Outright is a professional firm that provides creative communication services
through various vehicles, including without limitation, branding, website design, collateral
development, motion graphics and data visualization as well as general marketing and consulting
services and anything incidental or ancillary to the above, all as used in business (collectively,
“Marketing Services” or “Services”);
WHEREAS, the Client has engaged Outright to provide Marketing Services within the
Client’s business, including without limitation any subsidiaries;
WHEREAS, Client acknowledges that Outright provides Marketing Services under this
Agreement, which may be supplemented with “Statements of Work” or other agreements signed
by the Parties that may contain additional terms and conditions relating to a specific Marketing
Service; and
WHEREAS, the Parties wish to memorialize the terms, conditions and rights conferred
upon the Parties.
NOW THEREFORE, in consideration of the foregoing Recitals (which are incorporated
into and will be deemed a substantive part of this Agreement) and the mutual promises and
covenants herein contained, the Parties hereto agree as follows:
1.DEFINITIONS. Throughout this Agreement, the following capitalized terms shall have the
meanings specified:
1.1 Best Efforts. The phrase “Best Efforts” shall mean that Outright will make their best
attempt, in good faith, to accomplish the objectives set forth in a specific Statement of
Work or project.
1.2 Control of Client. The phrase “Control of Client” shall refer to those environmental factors
to which Outright service efforts are subordinate and are impacted by the Client’s degree
of influence and management over its resources. A determination whether a factor is
within the Control of Client shall be made at Outright’s reasonable discretion.
23
1.3 Outside of Scope. The phrase “Outside of Scope” refers to a service requested by the Client
and/or performed by Outright which is not delineated in the specifications of a Statement
of Work, and thereby, may be subject to additional fees.
1.4 Statement of Work. The phrase “Statement of Work” refers to any offer for services and/or
product issued by Outright be it in the form of a proposal, quotation, change order,
professional service request, professional scope document, work order or statement of
work.
2.PROFESSIONAL SERVICES. For each project requiring Services, the parties will execute a
mutually agreed upon Statement of Work with respect to such project provided, however,
that neither party is obligated to enter into any Statement of Work. Product purchases will be
made pursuant to a Statement of Work, purchase order, or by a quotation to Client from which
Client places an order. The Parties agree that the terms and conditions of this Agreement shall
apply to all Statements of Work, quotations, Change Order Statements and/or purchase
orders executed simultaneous or subsequent to this Agreement and shall be deemed
incorporated into and made a part of this Agreement.
3.STATEMENT OF WORK, OUTSIDE OF SCOPE, CLIENT DELAYS & FORCE MAJEURE.
3.1. Statement of Work. Services to be provided pursuant to a Statement of Work are strictly
limited to those services listed on the Statement of Work. Any modification, enhancement,
installation, continuation of processes or any service of any kind not specifically listed on the
Statement of Work is considered “Outside of the Scope” of the Statement of Work and may
be subject to additional terms and fees.
3.2. Outside of the Scope. Outright shall not be obligated to perform any request that in its
reasonable discretion it deems is Outside of the Scope of the Statement of Work until a formal
written “Change Order Statement” is completed and signed by the Parties.
3.2.1. A Change Order Statement shall be limited to the specific items set forth therein
and shall not otherwise obviate, amend or supersede a Statement of Work unless
expressly set forth in such Change Order Statement.
3.2.2. Any hours expended by Outright to prepare a Change Order Statement requested
by Client are billable to the Client even if the Client does not ultimately approve
the requested Change Order Statement, it being acknowledged and understood
that Outright is not obligated to prepare or pursue any Change Order Statement.
3.3. Client Delays. Client acknowledges that its failure to meet scheduled dates of performance
may have a detrimental effect on meeting project milestone dates. In these circumstances,
Outright reserves the right to reasonably amend the milestone dates outlined in the Statement
of Work to reflect the delay.
3.4. Force Majeure. Outright shall be excused for the period of any delay in the performance of
any obligation hereunder when prevented from so doing by cause or causes beyond
24
Outright’s control which shall include, without limitation, all labor disputes, civil commotion,
war, warlike operations, invasion, rebellion, hostilities, military or usurped power, sabotage,
governmental regulations or controls, fire or other casualty, inability to obtain any material
or services or through acts of God.
4.TRAVEL & INCIDENTAL EXPENSES. Unless otherwise provided in any Statement of Work
issued pursuant to this Agreement, amounts quoted by Outright for services under this
Agreement or any Statement of Work do not include travel or incidental expenses. The Client
agrees to pay for all actual Travel Expenses or Incidental Expenses incurred by Outright or its
subcontractors. Notwithstanding the foregoing, Outright shall be required to obtain prior
approval of the Client for all Travel Expenses, in Client’s sole discretion.
4.1. Travel Expenses. “Travel Expenses” consist of transportation costs incurred by Outright to
travel on-site to a customer's location including, but not necessarily limited to: (1) the actual
cost of economy fare travel by airplane, train, bus, taxi or other transportation other than a
personal or Outright vehicle; (2) in the event of use of a personal or Outright vehicle, Travel
Expenses shall include a mileage expense calculated by multiplying the actual miles to the
Client’s site from the nearest Outright branch office by the current Internal Revenue Service
(“IRS”) standard mileage rate for business miles; and (3) travel time, which shall equal fifty
percent (50%) of the hourly rate.
4.2. Incidental Expenses. “Incidental Expenses” consist of out of pocket expenses incurred by
Outright while on-site at a customer’s location including without limitation reasonable
lodging, meals, parking fees and tolls, and supplies for the engagement.
4.3. Invoicing. Travel and Incidental Expenses are invoiced to the Client as the expenses are
incurred.
5.PURCHASE OF LICENSED INTELLECTUAL PROPERTY.
5.1. Third-Party Owned Intellectual Property. In addition to the other provisions of this
Agreement, Client acknowledges that, it may be required to sign additional licensing or other
related agreements as required by any third-party owner of any Intellectual Property that
may be incorporated in any Service provided by Outright. For purposes of this Agreement,
“Intellectual Property” (or “IP”) shall mean any work or invention that is the result of
creativity, such as a manuscript or a design, to which one has rights and for which one may
apply for a patent, copyright, trademark or similar protection. Outright may provide the
Client with guidance on the selection of such Intellectual Property; however, Client
acknowledges that such guidance is intended as a suggestion only. The terms and conditions
of any licensing agreement in effect at the time of delivery of the Service will have the same
force and effect as though the agreement had been signed directly by the Client and the Client
agrees to adhere to the terms and conditions of any such agreement.
5.2. Third Party Owned Intellectual Property. Outright does not guarantee, assure or represent
that any third-party Intellectual Property is owned exclusively by such third-party.
25
5.3. Non-Refundable. Client acknowledges and understands that the licensing of IP or sale of IP
is final, non-refundable and cannot be returned or exchanged for any reason whatsoever,
including but not limited to, the Client canceling any Statement of Work issued under this
Agreement, to the extent permissible, or canceling any service of any kind. Outright shall be
entitled to collect, and the Client shall be obligated to pay in full, any and all payments due
on the licensing or purchase of IP.
5.4. Sales Tax Exemption. Until such time as Client provides to Outright a sales tax exemption
certificate, the applicable sales tax shall be included on the invoicing of any IP, to the extent
lawfully required. The Client agrees to pay any applicable sales tax.
6.PAYMENT.
6.1. Priority of Payment Terms. The Parties acknowledge that they have mutually agreed to the
terms of payment stipulated in this Agreement or any Statement of Work issued under this
Agreement and that such amounts and due dates delineated therein are not subordinate to or
dependent upon the execution of any terms or conditions existing outside this Agreement, in
particular, but not restricted to, those terms and conditions that may exist in any financing or
leasing arrangement engaged in by the Client with any person or entity not a party to this
Agreement.
6.2. Third-Party IP Invoicing. Unless otherwise provided in any Statement of Work issued under
this Agreement, third-party IP, if any, will be invoiced in full immediately and the standard
payment term extended on invoices is “Due upon Receipt” and shall not be contingent upon
obtaining a specified result. Unless expressly otherwise set forth on a Statement of Work,
Outright will render all other invoices on a monthly basis.
6.3. Services Payment Terms. Notwithstanding anything to the contrary stated in any Statement
of Work issued under this Agreement, the standard payment term extended on service
Invoices is “Net 30 Days”.
6.4. Late Payment Interest; Cost of Collection. The Client agrees that any payment that remains
unpaid thirty (30) days after payment is due shall accrue interest at twelve percent (12%) per
annum. Client agrees to pay all costs incurred by Outright in the collection of any outstanding
fees, interest, and including without limitation reasonable attorneys’ fees, and court and other
costs.
6.5. Payment Retention. If, for any reason whatsoever, the Client declines, cancels or prevents the
rendering of services engaged under this Agreement prior to the completion of such services
(“Cancellation”), Outright shall be entitled to full payment for the services it provided
through the date of Cancellation. Should the amounts collected by Outright for services from
the Client be in excess of the amount due Outright through the date of Cancellation, such
excess shall be refunded to the Client by Outright within thirty (30) days of the Cancellation
26
date. The amount due for services through the date of Cancellation shall be determined by
Outright in collaboration with Client.
7.ACCEPTANCE.
7.1. Acceptance Period. Upon the later of (1) receipt of any Statement of Work deliverable or
service, or (2) upon the receipt of invoice for services billed as incurred, the Client shall, within
a period of thirty (30) days of such receipt, provide Outright with a detailed written
description of all objections, if any, relative to the deliverable or service (“Acceptance
Period”). Outright shall, as expeditiously as possible, provide resolution (“Rework”) for any
such objections that Outright and the Client mutually determine fall within the intended
scope of the Statement of Work. The Client shall be deemed to have accepted the deliverable
or service unless the Client provides Outright written notice of such objections within the
Acceptance Period.
7.2. Resolution Period. Within ten (10) days after the receipt of the Rework, the Client must notify
Outright in writing if any of the “agreed to” objections provided under Section 7.1 remain
unsatisfied. If the Client does not so notify Outright in writing of any remaining objections
within the such ten (10) day period, the Rework shall be deemed to have been accepted by
the Client. If it is mutually determined that any remaining objections fall within the originally
intended scope of the agreement, Outright will make additional revisions as expeditiously as
possible and the process described in this section shall be repeated until the objections are
resolved.
7.3. Charges for Rework. Hours incurred for Rework as a result of factors under the Control of
the Client shall be invoiced to the Client at the rates set by Outright in the applicable Statement
of Work. Hours incurred for Rework as a result of factors under the control of Outright shall
not be billable to the Client. The determination of whether a factor is in the control of Outright
or the Client is made by Outright in collaboration with Client. At Outright’s reasonable
discretion, Outright may detail the billable services for Rework in a Change Order Statement
in accordance with other provisions of this Agreement.
8.CLIENT RESPONSIBILITIES.
8.1. Compliance. It is the sole responsibility of the Client to ensure that its systems, processes and
procedures comply with any and all relevant laws or regulations and any industry, reporting
or process standard including, but not limited to, Securities & Exchange Commission
standards, FASB, AICPA or any other accounting standards, IRS regulations, HIPAA privacy
Client Negligence and/or Performance Failure. Assistance or support provided by Outright
in cases of Client negligence or performance failure(s) may, at Outright’s sole discretion, be
billable to the Client.
8.2. Insurance Requirements. The Client shall carry and maintain insurances of the types and
minimum coverage amounts as reasonably requested by Outright under the Statement of
Work or as requested by Outright thereafter, in all such cases naming Outright as an
27
additional insured. All such insurance shall be issued by a highly rated company as approved
by Outright. The Client shall have no rights in any policy or policies of insurance maintained
by Outright, or any proceeds paid or payable therefrom, and shall not, by reason of this
Agreement be entitled to be named as a named insured thereunder, except as expressly
otherwise set forth in a Statement of Work or Change Order. The Client hereby releases
Outright, its members, owners, officers, directors, employees, agents from liability or
responsibility or anyone claiming through or under them by way of subrogation or otherwise,
for any loss or damage to property covered by valid and collectable “Special Perils Insurance”,
or other policy of insurance covering casualty losses, even if the fire or other casualty has been
caused by the fault or negligence of Outright or anyone for whom that party may be
responsible.
9.OWNERSHIP RIGHTS.
9.1. Custom Applications. Client acknowledges that any custom applications, designs, graphics
or other IP provided or created by Outright, or collaboratively with the Client, are on a non-
exclusive basis and that Outright or Client retains the right to re-use the substantially similar
applications, designs, graphics or other IP.
9.2. Intellectual Property. All Intellectual Property, ideas, concepts, know-how, processes or
techniques developed pursuant to this Agreement by Outright, or collaboratively with the
Client, belong solely to Outright. However, subject to Outright’s rights under Section 9.1, the
Client shall be a co-owner of any designs, graphics, code or other materials that Outright
creates pursuant to this Agreement for the Client; for the avoidance of doubt, Client’s
ownership shall not prevent Outright from re-using a substantially similar application, design
or graphic or other IP for any other customer, upon obtaining client’s prior written consent,
which consent shall not be unreasonably conditioned, withheld or delayed.
9.3. Portfolio Use. Regardless of any provision of this Agreement, with permission from the
Client, Outright may use any Intellectual Property, designs, graphics or any other marketing
materials that Outright created or provided pursuant to this Agreement for its professional
portfolio and may display any such items to other customers or any other person for any other
reasonable purposes. Client may use any Intellectual Property, designs, graphics or any other
marketing materials that Outright created or provided pursuant to this Agreement for its
professional portfolio and may display any such materials.
9.4. Safeguarding of Proprietary Rights. The Client agrees to safeguard Outright’s proprietary
Services and IP with the same degree of care and skill that it accords Client's own proprietary
data. The Client's employees or agents shall not divulge, transfer, assign, sell, license,
franchise, sublease or otherwise convey the Services and IP or any portion thereof, whether
in printed, electronic, magnetic or any other form to any third party, person, or organization
except as contained in this Agreement so long as Outright labels in writing such information
as confidential.
28
9.5. Client’s Confidentiality. Subject to the limitations set forth below, with respect to financial,
statistical, or personnel data relating to the Client's business which is clearly designated as
confidential, and which is submitted to Outright by the Client in order to carry out this
Agreement, Outright will instruct its personnel to keep such information confidential by
using the same care and discretion that it uses with similar data that Outright designates as
confidential.
9.5.1. Outright shall not be required to keep confidential any data which is or becomes
publicly available, is within Outright’s possession prior to the execution of this
Agreement, is independently developed by Outright outside the scope of this
Agreement or can be rightfully obtained from third parties.
9.5.2. Outright shall not be required to keep confidential any ideas, concepts, know-
how, processes or techniques relating to data processing submitted to it or
developed during the course of this Agreement by Outright’s personnel or jointly
by Outright’s and the Client's personnel.
9.6. Non-Exclusive Services. Client acknowledges that services provided under this Agreement
are on a non-exclusive basis and Outright is not restricted in any way from performing similar
services for other clients either concurrent with, or subsequent to, this Agreement.
Notwithstanding the foregoing, during the term of this Agreement, Outright shall be
prohibited from performing similar services for any other advertising and promotion
commission, visitor’s center, or equivalent city tourism office or agency, within a 120-mile
radius of Fayetteville, Arkansas.
9.7. Non-Exclusive Personnel. The Client acknowledges that Outright personnel provided under
this Agreement are provided on a non-exclusive basis and that Outright possesses full control
of the assignment of its personnel. The Client acknowledges that Outright may from time to
time assign the same personnel to multiple clients, either concurrent with, or subsequent to,
this Agreement. Outright will make every effort consistent with sound business practices to
honor the specific requests of the Client with regard to the assignment of Outright personnel.
9.8. Right to Use Subcontractors. The Client acknowledges and agrees that Outright may, without
consent, approval or notice to Client, subcontract with any affiliated or unaffiliated
subcontractors or companies for Services to be performed under any Statement of Work or
this Agreement, all as may be required from time to time; provided, however, that Outright
shall be fully responsible for the acts and omissions of any subcontractor.
9.9. Non-Solicitation of Employees; Non-Compete. The Client warrants and agrees that it will not
hire, retain, solicit or attempt to hire or solicit Outright personnel to work for the Client
directly, or indirectly through any associated or affiliated entity or as an independent
contractor or with another provider, for the duration of the term (including renewals) of this
Agreement and for one (1) year after the termination of this Agreement.
29
9.9.1. Client acknowledges and understands that any attempt to hire or persuade an
Outright employee or subcontractor to terminate his or her employment or other
relationship with Outright is a direct violation and/or interference with such
employment relationship as well as any existing non-compete agreement
between the employee and Outright.
9.9.2. The Client acknowledges that it shall be directly liable to Outright for such
violation/interference, and as such, shall pay a penalty to Outright equal to two
(2) times the annual total compensation (including without limitation all bonuses)
of the solicited employee or thirty (30) times the total payments to a subcontractor
during the most recent twelve (12) month period.
9.9.3. The Parties expressly agree and acknowledge that it is not their intention that this
Section 9.9 violate any public policy or statutory or common law. If a court of
competent jurisdiction renders a ruling (sustained on appeal, if any) holding that
any one or more of these provisions, including the stated term and geographic
coverage, constitutes an unreasonable restriction, then the parties specifically
agree that these provisions will not be rendered void but will apply to such extent
and as to such time period and geographic areas as the court may determine
constitutes a reasonable restriction under the circumstances.
9.9.4. The Client acknowledges and agrees that the covenants contained in this Section
9.9 are reasonable covenants under the circumstances, and further agrees that if,
in the opinion of any court of competent jurisdiction, such covenants are not
reasonable in any respect, such court shall have the right, power and authority to
excise or modify such provision or provisions of such covenants as to the court
shall appear not reasonable and to enforce the remainder of such covenants as so
amended.
10. LIMITATION ON LIABILITY.
10.1. Limitation of Liability. EXCEPT IN THE CASE OF INTENTIONAL MIDCONDUCT OR
GROSS NEGLIGENCE BY OUTRIGHT OR OUTRIGHT’S AGENTS, EMPLOYEES, OR
CONTRACTORS, CLIENT ACKNOWLEDGES AND AGREES THAT OUTRIGHT’S
LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE SPECIFIC PERFORMANCE
OF THE DELIVERABLES AS DEFINED IN ANY STATEMENT OF WORK ISSUED UNDER
THIS AGREEMENT, AS DIRECTED AND APPROVED BY CLIENT.
10.2. Waiver of Damages Liability. IN THE EVENT ANY PROVISION OF THIS SECTION IS
HELD INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, OUTRIGHT'S
LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES RELATING TO
THE WORK GIVING RISE TO THE CLAIM PAID BY THE CLIENT TO OUTRIGHT UNDER
THIS AGREEMENT OR ANY STATEMENT OF WORK ISSUED HEREUNDER, OR IF NO
SUCH AMOUNT IS IDENTIFIED, AN AMOUNT REASONABLY ASCRIBED BY
OUTRIGHT IN CONNECTION WITH SUCH CLAIM. HOWEVER, SUCH WAIVER OF
30
DAMAGES PROVIDED HEREUNDER IS AGREED TO SO LONG AS CLIENT HAS
APPROVED AND AGREED TO OUTLOOK’S PERFORMANCE AND DELIVERABLES.
10.3. Exception. Nothing in this Section 10 shall be construed to limit the rights and
responsibilities of the Parties relating to indemnification under this Agreement in any way.
11.LIMITED WARRANTIES.
11.1. Limited Professional Service Warranty. OUTRIGHT WARRANTS ONLY THAT THE
SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY STATEMENT OF WORK
ISSUED HEREUNDER SHALL BE PERFORMED IN A PROFESSIONAL AND WORKMAN-
LIKE MANNER CONFORMING TO COMMERCIALLY REASONABLE STANDARDS AND
PRACTICES.
11.2. Limited Warranty on Products. THE CLIENT’S SOLE AND EXCLUSIVE REMEDY FOR IP
PURCHASED OR LICENSED FROM THIRD-PARTIES, IN EQUITY OR IN LAW, SHALL BE
LIMITED TO THE EXTENT OF THE PROVIDER OR SELLER.
11.3. Remedy for Breach of Warranties. THE CLIENT’S SOLE REMEDY WITH RESPECT TO A
BREACH OF WARRANTY UNDER THIS AGREEMENT SHALL BE TO HAVE OUTRIGHT
REWORK IN ACCORDANCE WITH THIS AGREEMENT. IF OUTRIGHT IS UNABLE TO
DO SO WITHIN A REASONABLE PERIOD OF TIME, THEN, SUBJECT TO THE
LIMITATIONS SET FORTH IN THIS AGREEMENT, THE CLIENT MAY PURSUE ITS
REMEDIES AT LAW TO RECOVER DIRECT DAMAGES RESULTING FROM THE BREACH
OF THE APPLICABLE WARRANTY ONLY IF THE CLIENT HAS PAID ALL MONIES
OWED TO OUTRIGHT UNDER THIS AGREEMENT OR ANY STATEMENT OF WORK
HEREUNDER. THE REMEDIES SPECIFIED IN THIS SECTION ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER REMEDIES, AND REPRESENT OUTRIGHT’S SOLE OBLIGATIONS
FOR A BREACH OF ANY OF THE FOREGOING WARRANTIES. IN ORDER TO VALIDATE
ANY OF THE LIMITED WARRANTIES, THE CLIENT MUST PROVIDE THE
APPROPRIATE NOTICE OF OBJECTIONS AS REQUIRED PURSUANT TO THIS
AGREEMENT.
11.4. Disclaimer of Warranty. THE LIMITED WARRANTIES SPECIFIED IN THIS SECTION
ARE THE CLIENT’S SOLE AND EXCLUSIVE WARRANTIES. OUTRIGHT MAKES NO
OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN WHOLE OR IN PART,
OR ANY OTHER MATTER UNDER THIS AGREEMENT. OUTRIGHT EXPLICITLY
DISCLAIMS ALL WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE.
12.TERM & TERMINATION.
12.1. Term of Agreement. The initial term of this Agreement shall be for twelve (12) months
commencing January 1, 2024 and ending December 31, 2024.
12.2. Termination.
31
12.2.1. Without Cause. This Agreement may be terminated by Outright without cause
effective provided that Outright delivers written notice of its intent to terminate to
the Client at least thirty (30) days prior. This Agreement may be terminated by
Client without cause provided that the Client delivers written notice of its intent
to terminate to Outright at least thirty (30) days prior to such termination.
12.2.2. With Cause. At any time during the term in effect, should either party be in breach
of any of its obligations under this Agreement and such breach shall remain
unresolved for thirty (30) days following written notice of such breach by the
aggrieved party, at its election, the aggrieved party may terminate this Agreement
with notice to the other party.
12.2.2.1. “With Cause” shall mean:
i)The initiation of an assignment for the benefit of creditors of either
party;
ii)The voluntary filing of a petition for bankruptcy on either party;
iii)The adjudication of bankruptcy or insolvency by either party;
iv)The consent in an appointment of a Trustee or Receiver to the
liquidation of substantially all property;
v)The reorganization, liquidation, sale or dissolution of a party’s
business entity;
vi)A party files a petition seeking liquidation, reorganization,
composition, arrangement, reorganization, readjustment or similar
relief under any statute, law or regulation;
vii) The Client’s solicitation or hiring of Outright’s employees;
viii)A material breach of this Agreement or a Statement of Work; and
ix)The Client’s failure to make timely payment, and such failure
continues for a period of (5) business days.
12.2.2.2. “With Cause” does not include delay or failure of performance on the part
of either party wherein such delay or failure is due to circumstances
beyond such party’s reasonable control.
12.2.2.3. Any termination of this Agreement pursuant to Section 12.2 shall become
effective ten (10) days following receipt of notice of such termination.
32
12.2.2.4. Except as otherwise set forth in this Agreement, upon termination,
Outright shall transfer all work-product in Outright’s possession to the
Client, to the extent permissible as well as all contracts with any third-
parties that pertain to Services provided hereunder. The Client expressly
acknowledges that Outright is a signatory to certain union agreements
covering talent used in broadcast materials, which generally cannot be
assigned except to signatories to such collective bargaining agreements
governing services rendered by such talent.
12.3. Survivability. The rights and obligations owed to Outright and acquired through the date
of termination shall survive the termination of this Agreement and shall not be affected in
any way by such termination.
12.4. Effect on Statement of Works. The provisions of this section are notwithstanding any
additional terms for termination stated in any Statement of Work issued under this
Agreement, and as such, said additional terms shall also apply. Unless prohibited in any
Statement of Work issued under this Agreement, the termination of this Agreement shall also
simultaneously terminate all Statements of Work in effect at the time of termination.
13. OUTRIGHT REMEDIES. In the case of a breach by the Client of any provision of this
Agreement, Outright shall be solely entitled to direct damages and late fees, as follows:
13.1. Late Fees. Client shall pay Outright an amount equal to the underpaid fees, if any, based
on the then-current Outright price list as well as any applicable late charges; late charges shall
be assessed against the amount due in arrears at one and one-half percent (1.5%) per month
in addition to any interest charges;
14. MISCELLANEOUS PROVISIONS.
14.1. Incorporation & Priority of Terms. The terms and provisions of this Agreement shall govern
and be incorporated in all Statements of Work issued under this Agreement. The terms and
conditions of this Agreement shall supersede any conflicting provisions contained in any
proposal or Statement of Work issued under this Agreement. The terms and conditions of this
Agreement shall supersede any conflicting provisions proposed by the Client in its terms and
conditions of its purchase orders, contract or other notifications. Any payment received by
Outright or performance by Outright shall not be deemed to be, or be evidence of, Outright's
assent to any terms and conditions other than the terms and conditions stipulated in this
Agreement. Payment made by the Client shall be deemed to be, and shall evidence, Client's
assent to the terms and conditions of this Agreement.
14.2. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties with respect to the subject matter hereof, and supersedes any and all prior and
contemporaneous agreements, understandings, negotiations, representations by Outright,
and discussions of the Parties, whether oral or written.
33
14.3. Amendments. No amendment, modification or waiver of this Agreement shall be binding
unless executed in writing by the Parties hereto, or in the case of a waiver, by the party
granting such waiver.
14.4. Waiver of Terms. No waiver of any provision of this Agreement shall constitute a waiver
of any other provision of this Agreement, whether or not similar, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided in writing.
14.5. Indemnification. Each party shall defend, indemnify and hold harmless the other party and
its affiliates and their officers, directors, employees and managers from and against all actions,
suits, claims, losses, liabilities and damages, costs, expenses, including, but not limited to,
reasonable attorneys’ fees, arising from or relating to any act or omission of the indemnifying
party, its employees, agents, or other independent contractors or arising out of or relating to
this Agreement, including, but not limited to, the infringement of a third party’s intellectual
property or other proprietary rights. Each party will promptly notify the other of any claim
asserted against it for which such indemnification is sought. In no event will the
indemnifying party, without the reasonable consent of the indemnified party, enter into any
settlement that reasonably can be expected to require a material affirmative obligation of,
results in any ongoing material liability to, or materially prejudices the indemnified party.
14.6. Governing Law. The rights of the parties granted under this Agreement shall be governed,
construed, and enforced under the laws of the State of Maryland.
14.7. Jurisdiction; Venue. The Parties consent to the jurisdiction of the state and federal courts
situated in Maryland as to all claims or disputes arising hereunder. All parties agree that
venue shall be proper in the District and Circuit Courts of Baltimore County, Maryland or the
United States District Court for the District of Maryland.
14.8. Waiver of Trial by Jury. THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE
ANY AND ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING INVOLVING ANY
DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT.
14.9. Severability. If any provision or part of any provision of this Agreement shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions or the remaining part of any effective
provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal
or unenforceable provision or part thereof had never been contained herein, but only to the
extent of its invalidity, illegality, or unenforceability.
14.10. Assignment. This Agreement may not be assigned without the prior written consent of the
parties, which consent shall not be unreasonably conditioned or withheld.
14.11. Modification of Provisions. No modification of this Agreement shall be binding on either
party unless it is in writing and signed by both Outright and Client.
34
14.12. Use of Names. Outright may use the name of the Client in any advertising or other form
of publicity with the prior written permission of the Client.
14.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, and all of which together shall constitute one and the same agreement.
This Agreement may be executed and delivered via facsimile or e-mail transmission with the
same force and effect as if it were executed and delivered by the parties in the presence of one
another.
14.14. Notice. Unless otherwise provided in this Agreement, any notice required or permitted
hereunder to the parties hereto will be deemed to have been duly given if delivered in writing
personally, sent via e-mail or mailed first class, registered or certified mail to Client and/or
Outright, Inc. at the addresses set forth below:
IF TO CLIENT: Fayetteville Advertising & Promotion Commission
Attn: CEO
21 South Block Avenue, Suite 100
Fayetteville, Arkansas 72701
IF TO OUTRIGHT: DRD Creative, LLC t/a Outright Agency
Attn: Darin Ruchirek
Outright
9841 Washingtonian Blvd #200,
Gaithersburg, MD 20878
Darin@WeAreOutright.com
14.15. Counsel. Throughout the course of the negotiations leading to the execution of this
Agreement, both parties acknowledge that they have had the opportunity to consult with
legal counsel of their own choice regarding the provisions of this Agreement.
14.16. Rule of Construction. The Parties have reviewed and commented on this Agreement. The
normal rule of construction to the effect that any ambiguities are to be resolved against the
drafting party may not be employed in the interpretation of this Agreement or any
amendments, Statement of Work, or exhibits hereto.
14.17. Headings. Section headings or captions are used in this Agreement for convenience only
and do not limit or otherwise affect the meaning of any provision of this Agreement.
14.18. Binding Effect. This Agreement is binding upon and inures to the benefit of the successors
and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each
caused to be affixed hereto its hand and seal by the undersigned duly authorized representatives
on the day indicated hereinbefore.
35
DRD CREATIVE, LLC, t/a OUTRIGHT AGENCY _____________________________
By: By:
Name: Jared Schwartz Name:
Company: Outright Company:
Title: VP of Strategy Title:
36
MEMO
TO: Jennifer Walker, Interim CEO and Fayetteville Advertising &
Promotion Commissioners
From: Sarah King, VP of Marketing & Communications
Date: January 17, 2025
RE: Agreement with Arrivalist
Background
Arrivalist is a cloud-based tourism intelligence platform that uses mobile location datasets
to provide insights on consumer behavior and media effectiveness.
Last summer, the commission approved a 12-month engagement with the Arrivalist “Trip”
module. This contract extends the term of that module and adds a second module, “Media
Attribution”
• Our Destination Master Plan sets a goal of increasing visitors’ length of stay. The
Trip module provides the “nights in market” metric that shows progress toward that
goal.
• The Media Attribution module is key to shaping our media plan – it allows us to trace
visitors’ arrivals in Fayetteville to their exposure to advertising and other media.
• This contract synchronizes the terms of both modules so that they will both expire
on the same date.
Budgetary Impact
$45,000 is earmarked for this purpose in the 2025 budget. The expense for 2026 services
will be appropriated in the 2026 budget.
Recommendation
It is our recommendation that the commission authorize interim CEO of Experience
Fayetteville to enter into an agreement with Arrivalist, LLC in the amount of $52,250
37
Experience Fayetteville - Attribution & Visitation
Renewal 2025
Experience Fayetteville
21 S Block Ave
United States
Sarah King
sking@experiencefayetteville.com
Reference: 20250108-211858303
Quote created:January 9, 2025
Quote expires:January 31, 2025
Arrivalist Co (Licensor)
390 NE 191st St STE 8794
Miami,FL 33179
Prepared by: Mike Robertson
mike.robertson@airdna.co
Order Information
Terms of this Order Form:17 months
Order Form Start Date: February 2, 2025
Payment Terms
Billing Period: Bi-annually
Billing Method: Invoice - Bank transfer/ACH
Payment Terms:Net 30
Method of Payment:Invoice - Bank transfer/ACH
Currency: USD
Fayetteville, AR 72701
38
Comments
Terms of Agreement:
Arrivalist Attribution: 17 months February 2, 2025-June 30, 2026
Arrivalist Visitation renewal: 12 Months: July 1, 2025-June 30, 2026
Billing terms:
$8,750 to be billed in February 2025 (5 months of attribution product)
$43,500 to be billed in July 2025 (12 months of attribution and visitation)
PRODUCTS & SERVICES QUANTITY PRICE DISCOUNT TOTAL
Arrivalist Attribution 1 $29,750.00
for 17 months
$29,750.00 /
Arrivalist Trip - Dashboard 1 $22,500.00
for 1 year
$22,500.00
Total $52,250.00
Applicable sales tax will be added to the Customer's invoice and will be payable in addition to the product subscription fee
39
License Terms
Arrivalist Services provided under this Order Form are governed by the Arrivalist Terms of Service available HERE
("ToS"), the terms of which are incorporated into this Order Form. The Terms of Service and the Arrivalist Account
Set Up Process available here ("ToS") apply to Customer to the extent the specific Service is included in this Order
Form, the terms of which are incorporated into this Order Form.
No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in
writing by both parties. Any purchase order or similar document (other than a mutually executed and delivered
Order Form) that may be issued by the undersigned Licensee in connection with this Order Form does not modify
this Order Form or the Order Form to which it pertains. No such modification will be effective unless it is in writing,
is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Order Form).
Arrivalist's Terms of Service are available here: https://www.arrivalist.com/terms-service
Permitted Uses
List of explicit uses permitted by Arrivalist: Internal use only limited to the rights of reproduction, derivation and
distribution to internal company employees. This means no Derivative products are permitted to include Arrivalist
Data unless agreed in writing by both parties nor is resale to or use by any business other than the Customer
Company name in this Order Form. This restriction includes affiliate companies. Individual login details are not
permitted to be shared.
Negotiated Exceptions to the Terms of Services
No exceptions to the Terms of Services
Signature
I HEREBY REPRESENT THAT: (I) I AM AN AUTHORIZED SIGNATORY FOR CUSTOMER; (II) I HAVE READ AND AGREED TO THE
TERMS OF THIS Order Form; AND (III) BY SIGNING THIS Order Form, I AM ENTERING INTO A LEGALLY BINDING CONTRACT.
Signature Date
Printed name
Countersignature
40
Countersignature Date
Printed name
41
MEMO
TO: Jennifer Walker, Interim CEO and Fayetteville Advertising &
Promotion Commissioners
From: Sarah King, VP of Marketing & Communications
Date: January 17, 2025
RE: Contract with Archetype for Visitor’s Guide
Background
Experience Fayetteville has not printed a physical visitor’s guide since 2021 – the visitor’s
guide has been offered only in a digital version that has been updated periodically. Note
that design of a visitor’s guide is specifically excluded from the Agency of Record contract.
EF issued a request for proposals last fall, and three proposals were submitted.
Archetype is a Fayetteville creative firm with clients including Arsaga’s and Slim Chickens.
The contract under consideration includes community engagement, research including
interviews, copywriting, original illustration, design, and printing vendor management.
Budgetary Impact
$120,000 is budgeted for development and printing of a visitor’s guide. Printing costs will
be submitted for commission approval later this year.
Recommendation
It is our recommendation that the commission authorize interim CEO of Experience
Fayetteville to enter into an agreement with Archetype in the amount of $46,800.
42
Item Type Description Quantity Unit Price Amount
Product PROJECT OUTLINE, STRATEGY, COPYWRITING - 2025 VISITORS
GUIDE :: EXPERIENCE FAYETTEVILLE
Overview:
Archetype to work collaboratively with Experience Fayetteville to produce a
new Visitors Guide for the City of Fayetteville for 2025.
Content Planning + Project Outline
Archetype will begin the project by meeting with key stakeholders to gather
insights and content considerations. From this discussion, Archetype will
craft a thematic outline and propose relevant companies, individuals, and
experiences aligned with the framework. This outline will then evolve into a
detailed project roadmap, which will be submitted to Experience
Fayetteville for approval prior to content production.
Deliverables:
- Stakeholder interviews for content considerations
- Thematic content outline + plan
Community Engagement
With content planning and project outlines underway, Archetype is
developing a strategy to gather community input for the new Visitors
Guide. Feedback will be collected through methods such as social media
engagement or third-party surveys. The focus is on simplicity,
aligning questions with the established Visitors Guide categories—
like food, recreation, and entertainment—to ensure meaningful and
actionable insights.
Deliverables:
- Digital social toolkit with up to 5 posts and stories: design + copywriting
- Data management
Community Interviews
After the content roadmap and themes are approved, Archetype will
conduct community interviews featuring a diverse array of artists, chefs,
athletes, business owners, and more. These interviews will inform the
copywriting for editorial-style articles in the Visitors Guide.
175.00 $120.00 $21,000.00
Estimate
From Archetype
831 S. School Ave
Fayetteville, AR 72701
Estimate For Experience Fayetteville Estimate ID 2021189
Issue Date 01/07/2025
Subject Experience Fayetteville + Archetype: 2025 Visitors Guide v3
43
Deliverables:
- Community interviews
- Community representation for each content theme
Copywriting
Archetype will bring each theme to life with vibrant, editorial-style stories
that spotlight Fayetteville’s community leaders and must-visit destinations.
Picture your favorite magazine feature—immersive, engaging, and
brimming with personality. These narratives will dive deep, making every
page a fun and exciting read.
Deliverables:
- Copywriting for up to 40 pages of content
- Minor revisions for each theme/article included
Product DESIGN - 2025 VISITORS GUIDE :: EXPERIENCE FAYETTEVILLE
Overview:
Once the copy is approved, Archetype will transform the content into a
visually stunning, editorial-style Visitors Guide. Designed for both print and
digital, the guide will pair vibrant photography and thematic illustrations to
bring each story to life. With contemporary, editorial flair, every page will
exude style and creativity, making it as exciting to look at as it is to read.
Deliverables:
- Layout and design of up to 40 pages of content
- Custom illustrations featured throughout
- Custom map illustration general
-Minor revisions for each page included
-Final artwork packaged in InDesign
- Custom envelope design
Note: photography provided by Experience Fayetteville. Additional editorial
photography available upon request.
160.00 $120.00 $19,200.00
Product VENDOR MANAGEMENT - 2025 VISITORS GUIDE ::
EXPERIENCE FAYETTEVILLE
Overview:
Archetype will identify potential vendors and obtain pricing from a minimum
of two providers. Upon scope and contract approval, Archetype will
collaborate with the selected vendor to ensure quality assurance across
bindings, inserts, materials, and color specifications.
Deliverables:
- Contract management
- Vendor management: press checks an quality assurance
Note: printing costs to be provided from chosen vendor and are not
reflected on this estimate.
55.00 $120.00 $6,600.00
Subtotal $46,800.00
Tax (0%)$0.00
Estimate Total $46,800.00
Notes
Proposed Milestine Timeline:
January 2025 - Experience Fay Master Plan meeting
February 2025 - Project kickoff with stakeholders
*
44
February 2025 - Community survey
February 2025 - Vendor outreach
March 2025 - Outline draft
March 2025 - Outline approvals
March 2025 - Community interviews
April 2025 - Vendor approvals
April - June 2025 - Copywriting drafts provided to Experience Fay on a rolling basis
April - June 2025 - Design drafts provided to Experience Fay on a rolling basis
July 2025 - Full first draft
August 2025 - Print production/management
September 2025 - Launch toolkit
45
MEMO
TO: Jennifer Walker, Interim CEO and Fayetteville Advertising &
Promotion Commissioners
From: Sarah King, VP of Marketing & Communications
Date: January 20, 2025
RE: Agreement with Bishop Racing for an Adventure Cycling Documentary
Background
The Impossible Route is a popular documentary series, featuring mountain-biking pro Jeremiah
Bishop as he traverses beautifully filmed and photographed landscapes. Past episodes include
Death Valley, West Yellowstone, Telluride Hellride, and France.
Our agency of record evaluated the potential reach of this documentary and found it to be very
favorable and a good value. In addition to the promotional value of the documentary,
Experience Fayetteville will also have rights to high-quality photography for our unlimited use.
The proposed agreement also includes a screening of the film along with a public event this fall.
Budgetary Impact
As this project is fully in keeping with the goals of the Cyclocross Legacy Fund, we recommend
that Legacy funds be used. Staff is asking for an appropriation of Cycling Legacy funds in the
amount of $23,000.
There is no impact to the FAP general operating budget.
Recommendation
It is our recommendation that the commission authorize interim CEO of Experience Fayetteville
to enter into an agreement with Bishop Racing in the amount of $23,000 for development of an
adventure biking documentary with an appropriation of $23,000 from the Cycling Legacy Fund.
46
Project Summary
IMPOSSIBLE ROUTE Rockumentary Episode in Fayetteville: Gateway to Outdoor Adventure
Overview:
We propose to feature Fayetteville, Arkansas, in an episode of our Impossible Route Gravel
Expedition documentary series. This episode will highlight Fayetteville as the ultimate
gateway to outdoor adventure, showcasing its unique blend of urban charm and natural
beauty. We will explore the newly created Bikepacking Roots route, the Ozarks Mega Loop,
using the ride to connect audiences with the area's untapped potential for cycling and
beyond.
Objective:
This project aims to increase awareness of Fayetteville as a premier destination for outdoor
enthusiasts, emphasizing its opportunities for both on-the-bike adventures and off-the-
bike experiences.
EPISODE PLAN
Exploring Fayetteville’s Trails and Culture:
First we will look around for a guest rider! This guest rider will only have 24 hours notice to get ready.
Jeremiah Bishop will ride around the networks of trails single track and gravel paths looking for a
couple riders who show fitness and skill and are up to take on a crazy trip. This set up will highlight
the town’s investment in outdoor recreation infrastructure, we’ll demonstrate why Fayetteville is a
top-tier adventure hub.
Gearing Up Locally:
The narrative will include scenes at local outdoor shops, where we’ll purchase gear and essentials.
These moments will spotlight Fayetteville’s vibrant outdoor economy, introducing viewers to the
passionate businesses and community fueling its growth.
Fueling the Adventure:
We will visit a few of Fayetteville’s local eateries before taking on an epic challenge.
Riding the Ozarks Mega Loop:
The centerpiece of the episode will be a journey along the Ozarks Mega Loop. This recently
established bikepacking route provides the perfect canvas to display Fayetteville’s riding is not just
for easy strolls but also have some rugged terrain. With breathtaking vistas, remote gravel
stretches, and challenging climbs, the route will inspire viewers to take on their own adventures.
Impact and Outcomes:
This episode will showcase Fayetteville as a dynamic destination for cyclists and adventurers alike,
with its seamless access to nature, thriving cultural scene, and supportive community. By
47
presenting scenes of local interaction, gear preparation, and culinary indulgence, we’ll encourage
audiences to see Fayetteville as more than just a starting point—it’s an experience in itself.
The episode will have impact on Social media Channels YouTube and may include Outside
Streaming (pending Renew) 750,000- 1 million views over 2 years
In exchange for the production investment, we will provide the following high-value assets designed
to maximize Fayetteville’s exposure across various platforms. These deliverables will highlight
Fayetteville as a premier destination for outdoor adventure hub and create evergreen promotional
value for Experience Fayetteville, new cycling interest and fun visual of what is like that speaks
volumes to a place and its warm hospitality.
Title Brand Presence
Prominent integration of Experience Fayetteville branding in all print and digital media related to the
episode. 750k -1million views Goal over 7channels of social and visual media including Youtube
Instagram Facebook and Strava Possibly Outside +
48
Memorandum of Understanding
Between Experience Fayetteville/Fayetteville Advertising and Promotion Commission and Bishop
Racing, LLC
Purpose
This Memorandum of Understanding (MOU) outlines the agreement between Experience
Fayetteville/Fayetteville Advertising and Promotion Commission ("Experience Fayetteville") and
Bishop Racing, LLC ("Bishop Racing") for the production of a new episode of the Impossible Routes
series, highlighting bikepacking and the hospitality of Fayetteville.
Responsibilities of Bishop Racing
Bishop Racing agrees to:
Produce a 30-40-minute feature episode for the Impossible Routes series, showcasing Fayetteville
and a mutually agreed route in the Ozarks starting and ending in Fayetteville.
Fulfill the following deliverables:
Video Content:
(1) 30-40-minute feature edit (4K+ resolution) for the Impossible Routes YouTube Channel
(can air elsewhere, no license restrictions).
(4) 60-second teasers for pre-promotion.
(10) 15-second action clips.
Photography:
(30) high-resolution photos following a requested shot list for commercial use.
Social Media Content:
(4) behind-the-scenes social posts with photos.
(6) daily action reels or Instagram Stories with at least six frames each.
Bishop Racing will assume responsibility for all expenses associated with production, including:
Creative Cinematography
Social Media Staffer
Rental Vehicles & Gas
49
Flights & Baggage
Production Supplies
Hotels
Sound & Color Grading
Graphics
Per Diem (2 people, 1 week)
Editing
Photography
Graphics (Kris Hull)
Editing (Danny Awang)
Music licensing – using Fayetteville-based music if possible.
Payment Schedule
Experience Fayetteville will pay $23,000 on the following payment schedule:
1.Initial Payment: $7,000 upon:
a.Approval of this MOU.
b.Agreement on production dates in Fayetteville. (anticipated Spring/Early Summer
2025)
2.Second Payment: $6,000 upon satisfactory completion of:
a.Photography deliverables.
b.Social media content deliverables.
3.Final Payment: $7000 upon delivery of:
a.Video content deliverables.
b.Anticipated delivery: Early fall 2025.
4.Final Payment: $3000 on delivery of public screening of the documentary in Fayetteville,
including Jeremiah Bishop appearance and activity in coordination with Fayetteville cycling
group
Bishop Racing will assume responsibility for all expenses associated with production, including:
Creative Cinematography
Social Media Staffer
50
Rental Vehicles & Gas
Flights & Baggage
Production Supplies
Hotels
Sound & Color Grading
Graphics
Per Diem (2 people, 1 week)
Editing
Photography
Graphics (Kris Hull)
Editing (Danny Awang)
Music licensing – using Fayetteville-based music if possible.
Ownership of Content
Ownership of the content produced for Experience Fayetteville will be shared, granting both parties
non-exclusive rights to all products.
• Feature-length videos.
• Reels.
• Shorts and mini-episodes.
• High quality photos
Dispute Resolution
In the event of a dispute arising from this MOU, the parties agree to attempt resolution through
negotiation or mediation before pursuing legal action.
Signatures
Experience Fayetteville/Fayetteville Advertising and Promotion Commission
Name: _____________________________________
51
Title: _____________________________________
Date: _____________________________________
Bishop Racing, LLC
Name: _____________________________________
Title: _____________________________________
Date: _____________________________________
52
Memo
To: Fayetteville Advertising & Promotion Commissioners
From: Jennifer Walker, Interim CEO | VP Finance, Fayetteville Advertising
and Promotion Commission
Date: January 15, 2025
Re: First Security Bank Signer Updates
In accordance with the Fayetteville A&P Commission Financial Policies, the following
directive is outlined under Section III. Internal Controls, C. Cash Handling: “Bank
accounts will include the following signatories: CEO, Commission Chair, and Director
of Operations.”
Due to recent changes in staffing and Commission membership, updates to the
authorized bank signers are necessary. It is important to note that Interim CEO
Jennifer Walker should not be listed as a signer on any bank account. This aligns with
the need to maintain appropriate separation of duties, given the financial
responsibilities already assigned to her role as Vice President of Finance. Including her
as a signer would create significant conflict with the Commission’s financial control
protocols.
The Fayetteville A&P Commission currently maintains three operating checking
accounts with First Security Bank and one checking account with Arvest Bank, as
detailed below:
First Security Bank: Arvest Bank:
Bank account ending in 8714 Bank account ending in 4636
Bank account ending in 4209
Bank account ending in 1528
Staff Recommendations:
1. A vote to authorize the following individuals as signers with full authority on all
accounts listed above:
a. Chairperson ___________________________
b. Amy Stockton, Director of Operations
2. A vote to authorize the removal of any individuals currently listed as signers who are
not included in the updated list above.
53
Memo
To: Fayetteville Advertising & Promotion Commissioners
From: Jennifer Walker, Interim CEO | VP Finance, Fayetteville Advertising
and Promotion Commission
Date: January 15, 2025
Re: Alcohol Permit Holder – Change of Manager
The Fayetteville A&P Commission and the Fayetteville Town Center currently hold an
Arkansas Alcoholic Beverage Control (ABC) permit for on-premises alcohol sales, as
well as a City of Fayetteville Large Attendance Facility Alcoholic Beverage Permit.
With the departure of Molly Rawn, the current registered permit holder, it is necessary
for the A&P Commission to appoint a new permit manager. To comply with state
regulations, we must submit a Substitution of Manager application to the ABC.
Staff recommends appointing Tyler Wilson, Executive Director of the Fayetteville Town
Center and Vice President of Strategic Initiatives, as the new alcohol permit manager.
Tyler’s leadership role at the Town Center aligns directly with oversight of the alcohol
sales operations conducted on the premises, ensuring proper management and
compliance.
Staff Recommendation:
A vote to authorize Tyler Wilson to apply for both the Arkansas ABC alcohol permit and
the City of Fayetteville Large Attendance Facility Alcoholic Beverage Permit on behalf
of the Fayetteville A & P Commission and the Fayetteville Town Center.
54