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HomeMy WebLinkAboutOrdinance 5606ORDINANCE NO.5606 AN ORDINANCE TO ACCEPT A GRANT FROM THE NATIONAL ENDOWMENT OF THE ARTS IN THE AMOUNT OF $100,000.00 FOR A STREETSCAPE DESIGN PROJECT ON SCHOOL AVENUE, TO APPROVE A TECHNICAL ASSISTANCE AGREEMENT WITH THE UNIVERSITY OF ARKANSAS TO DESIGN THIS PROJECT, TO APPROVE AN AGREEMENT WITH THE WALTON ARTS CENTER FOR ITS CONTRIBUTION OF $40,000.00 IN MATCHING REVENUE, PLUS PERSONNEL SERVICES TO ASSIST IN THE PROJECT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, with the assistance of the Community Design Center of the University of Arkansas, the City of Fayetteville in conjunction with the Walton Arts Center applied early this year to the National Endowment of the Arts for an Our Town grant to fund a streetscape project to incorporate art, landscape and sustainability within infrastructure improvements on School Avenue from the Walton Arts Center to the Fayetteville Public Library; and WHEREAS, Fayetteville's grant application for $100,000.00 was one of the 59 requests to be approved out of over 250 submitted applications; and WHEREAS, the Community Design Center of the University of Arkansas has a proven record of unique and specialized knowledge and ability to design such project that it envisioned and helped prepare the grant application for; and WHEREAS, the Walton Arts Center was a required partner for this grant and will provide additional funding as well as expertise to make this artistic streetscape design project successful. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts with sincere appreciation to the National Endowment of the Arts its Our Town grant in the amount of $100,000.00 and approves the attached Budget Adjustment. Page 2 Ordinance No. 5606 Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines that because of the unique and vital abilities of the Community Design Center of the University of Arkansas to successfully design and fulfill the goals of this project and for the other reasons stated above, the City Council determines that it would not be feasible or practical to follow the normal bidding requirements and therefore waives the formal bidding requirements and approves the attached Technical Assistance Agreement with the University of Arkansas. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby determines for the reasons stated earlier that the formal bidding procedures for the Agreement with Walton Arts Center would be impractical and not feasible and therefore waives these formal bidding requirements and approves the attached Agreement with the Walton Arts Center. PASSED and APPROVED this 20th day of August, 2013. APPROVED: ATTEST: ,.By: �6� s SONDRA E. SMITH, City Clerk/Treasurer cc . ;m_ FAYE7lEVILLE:A' City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Chief of Staff Request Date 2013 1 Department: Chief of Staff 8/15/2013 BUDGET ADJUSTMENT DESCRIPTION 1 JUSTIFICATION $100,000 for the acceptance of the NEA School Grant. /\6 0°0.14ta1� Division F Date get ector Date OA.tS.7Dt5 Date 461k /3 Date D e� V13.0107 Adjustment Number Prepared By: Kevin C Springer Reference: Budget & Research Use Only Type: A B C General Ledger Date Posted to General Ledger Checked / Verified D E P Initial Date Initial Date TOTAL BUDGET ADJUSTMENT 100,000 100,000 Increase/ (Decrease) Project.Sub Account Name Account Number Expense Revenue Number *Federal Grants - Capit* 2230.0923.4309.00 - 100,000 31306.1 *Fixed Assets* 2230.8002.5801.00 100,000 - 31306.1 H:16udget\Budget Adjustments\2013_Budget\Kevin\BA2013_NEA_SCHOOL_GRANT.xlsm 1 of 1 City of Fayetteville Staff Review Form 0 City Council Agenda Items and Contracts, Leases or Agreements 8/20/2013 City Council Meeting Date Agenda Items Only Jeremy Pate Development Services Development Services Submitted By Division Department MGLIYI I Acceptance of a grant from the National Endowment of the Arts "Our Town" program in the amount of $100,000 for at arts -integrated streetscape design project entitled School Avenue: Integrating Art, Landscape and Sustainability, and entering into an agreement with the University of Arkansas and Walton Arts Center to assist with the grant proposal) wA Jt0Vd A a bvdtet ASM(n*1- #�QQt00o $ too -boo u6A sty Lt �i tt� Cost of this request Category / Project Budget Program Category / Project Name SIM-Q9ti1.4101.00 Account Number 31106.E Project Number Budgeted Item -Ulw cj% Departmen irector City Attorney e Funds Used to Date $ tnn nee Remaining Balance Budget Adjustment Attached Program / Project Category Name Fund Name G%Ac�'Pls Previous Ordinance or Resolution # Date Original Contract Date: 15- j3 Original Contract Number: Date 446�(:4L, Fina ce an Intern I Services Director Date _ Received in City., _;- ; 3 Clerk's Office & °' v Chief of ff Date Received in ®B M vor gDAe Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council From: Jeremy Pate, Development Services Director Date: August 14, 2013 Subject: National Endowment for the Arts "Our Town" Grant Acceptance Staff recommends the City Council adopt an ordinance accepting the recently awarded $100,000 Our Town grant from the National Endowment for the Arts, and waive competitive bidding to enter into an agreement with the University of Arkansas (Community Design Center) and Walton Arts Center to facilitate a design process for the School Avenue Streetscape Project. The National Endowment for the Arts (NEA) recently announced 59 Our Town grant awards totaling $4.725 million and reaching 34 states in the Our Town program's third year of funding. The City of Fayetteville is one of those grantees that applied for funding and will receive $100,000 for the design of School Avenue: Integrating Art, Landscape, and Sustainability, an arts -integrated streetscape. The City's partners, University of Arkansas Community Design Center (UACDC), Walton Arts Center (WAC), and artist Stacy Levy are nationally — if not internationally — recognized in their respective fields. Through Our Town, the NEA supports creative placemaking projects that help transform communities into lively, beautiful, and sustainable places with the arts at their core. The grantee projects will encourage creative activity, create community identity and a sense of place, and help revitalize local economies. All Our Town grant awards were made to partnerships that consisted of at least one nonprofit organization and a local government entity. Project Description: The School Avenue: Integrating Art, Landscape, and Sustainability project will go beyond an engineering -driven solution to merely build new sidewalks; it will create a new identity for School Avenue, one that leverages art to promote greater pedestrian activity. The City of Fayetteville Arts Council Action Plan, adopted in December 2009, listed the incorporation of functional art into municipal infrastructure as its first goal. The NEA Our Town grant will be used to design a transformation for downtown School Avenue into an "artscape" with public art serving a dual purpose as infrastructure. Funding for the project will be sought for, after the design has been completed. Sidewalks, lighting, and/or stormwater services will be reimagined as art that engages residents and visitors in Fayetteville's ecological narrative. The project area is anchored on either end by Fayetteville Public Library (FPL) and Walton Arts Center, which combined draw more than 500,000 visitors annually. The project connects the cornerstone institutions with the local National Public Radio (NPR) affiliate and Hillcrest Towers, Fayetteville's largest public housing facility for the elderly and disabled. The NEA received 254 applications for Our Town grants this year. Grant amounts ranged from $25,000 to $200,000 with a median grant amount of $50,000. THE CITY OF FAYETTEVILLE, ARKANSAS DISCUSSION Acceptance of the grant will formalize the partnership with the UACDC and Walton Arts Center. A technical services agreement between the City and these entities has been created, to allow for the UACDC to operate as the primary design team for the project with City staff input and collaboration, and for the Walton Arts Center to provide guidance in artistic selection, communication, scheduling and coordination during the project. The UACDC is providing up to $35,300 in design consultant funding and the Walton Arts Center has pledged personnel, time and a financial commitment of $20,000 of in -kind matching, as well as $40,000 in matching cash as part of the Artosphere Festival for 2015. Both agreements require a waiver of competitive bidding, due to the unique characteristics that both the University and the Walton Arts Center provide as public entities in the design of this project. The UACDC prepared the grant application, with assistance from the City, as a sub - grantee. BUDGETIMPACT $4,700 of in -kind match from Development Services staff time dedicated to providing input, collaboration and review of project plans. Departmental Correspondence NSA Kit Williams CityAttorney Jason B. Kelley Assistant City Attorney TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City DATE: August 15, 2013 RE: City Council members are prohibited from having a financial interest in any contract to supply goods or services to the City Common law prohibits City Council members from self -dealing. A.C.A. § 14-42-107 prohibits City Council members from having any interest in the profits of a contract furnishing services to the City. "No alderman or council member shall be interested, directly or indirectly, in the profits of any contract for the furnishing of supplies, equipment, or services to the municipality unless the governing body of the city shall have enacted an ordinance specifically permitting aldermen or council members to conduct business with the city and prescribing the extent of this authority." A.C.A. §14-42-107. "At common law, and generally under statutory enactment, it is now established beyond question that a contract made by an officer of a municipality with himself, or in which he is interested, is contrary to public policy, and tainted with illegality; and this rule applies whether such officer acts alone on behalf of the municipality, or as a member of a board or council. Neither the fact that a majority of the votes of a council, or board, in favor of the contract are cast by disinterested officers, nor the fact that the officer interested did not participate in the proceedings, necessarily relieves the contract from its vice. The facts [sic] that the interest of the offending officer in the invalid contract is indirect, and is very small, is immaterial." Thompson v. Roberts, 333 Ark. 544, 548, 970 S.W. 2d 239,241 (1998). When I recently became aware of City Council Member Matthew Petty's relationship to the U of A's Community Design Center and his involvement with creating the NEA grant application, I met with City Council Member Matthew Petty to understand whether the City could go forward with the $60,000.00 contract (financed by the grant) with the Community Design Center. I have attached City Council Member Matthew Petty's letter to this memo which explains that he did draft much of the grant application, but will not work on this project even though he may still work at the University of Arkansas Community Design Center as a part-time Development and Research Assistant. In his letter, Matthew emphasizes that he is not in a managerial nor executive position in the Community Design Center. That is important because of the final subsection of § 14-42- 107. "(2) The prohibition prescribed in this subsection shall not apply to contracts for furnishing supplies, equipment, or services to be performed for a municipality by a corporation in which no alderman, council member, official, or municipal employee holds any executive or managerial office or by a corporation in which a controlling interest is held by stockholders who are not aldermen or council members." `A As long as City Council Member Matthew Petty is not "interested, directly or indirectly, in the profits" of the Technical Assistance Agreement, does not work on this project or earn wages funded by this City agreement, nor "holds any executive or managerial office" in the Community Design Center, it appears this agreement will not be in violation of A.C.A. § 14-42- 107. TO: City Council City Attorney Mayor FROM: Matthew Petty, Alderman RE: NEA Grant Application 13-946350 Date: August 14, 2013 As you know, the City was recently awarded an Our Town grant from the National Endowment for the Arts to design a new streetscape and to procure public art for S School Ave, between Dickson St and Fayetteville Public Library. I am writing this memo in the interest of full disclosure because I work for the design consultant listed in the grant application. Though my involvement with this project was limited to grant development and I am planning to disclose my relationship verbally during a City Council meeting, both the City Attorney and I thought it prudent to disclose my relationship in writing for inclusion in our agenda packet. The design consultant for the project is University of Arkansas Community Design Center. I began working for UACDC about two years ago when I received a federal work-study award. I was hired to develop and write grant applications as well as conduct general research. Today, I work for them as an hourly employee for approximately 10 hours each week. In regards to this grant, I conceived the project, vetted it, developed the partnerships, and wrote the grant application on UACDC time. I was paid by UACDC for that work and my wage was not contingent on winning the grant. The Our Town grant category requires that each application be submitted by a lead applicant, the municipality, and a primary partner cultural arts institution. When I began vetting this project, we learned that the City was not planning to apply for this grant and did not have the staff capacity to complete the application by the deadline. This is a common scenario for many UACDC grant opportunities, and as usual, we offered to do all of the legwork on the application. I wrote the application, compiled the relevant documentation, and City staff ensured federal and regulatory compliance. In the end, the City assumed ownership of the application and submitted it to the NEA in January of this year. Through this arrangement the City was able to submit, and ultimately win, an award for a public arts and infrastructure project with minimal staff commitment. This is relevant information because now that the City has won the grant, the City must enter into a Technical Services Agreement with UACDC in order to receive the funds. State law prohibits municipalities from awarding contracts for services to entities in which an Alderman has a managerial or executive role, and if I held such a role, the City would not be able to enter into a contract with UACDC nor accept this grant. The City Attorney has submitted a memo detailing the relevant state law. My title at UACDC is Development and Research Associate. I do not manage projects for UACDC. I am not a Project Designer on any UACDC projects, including this one. In no way will any of the grant funds be used to pay my wage at UACDC. I have moved on to two other projects which take up all of my working hours at UACDC. It is not hard to fill my time with other work because I only work there 10 hours each week. I stress once more that I hold neither a managerial nor executive role at UACDC. I am essentially an intern. I will explain this verbally at the Council meeting when the contract is discussed, and I will answer any questions you or members of the public have about the grant and my relationship with UACDC. Sincerely yours, ,P P Alderman Matthew Petty ORDINANCE NO. AN ORDINANCE TO ACCEPT A GRANT FROM THE NATIONAL ENDOWMENT OF THE ARTS IN THE AMOUNT OF $100,000.00 FOR A STREETSCAPE DESIGN PROJECT ON SCHOOL AVENUE, TO APPROVE A TECHNICAL ASSISTANCE AGREEMENT WITH THE UNIVERSITY OF ARKNASAS TO DESIGN THIS PROJECT, TO APPROVE AN AGREEMENT WITH THE WALTON ARTS CENTER FOR ITS CONTRIBUTION OF $40,000.00 IN MATCHING REVENUE, PLUS PERSONNEL SERVICES TO ASSIST IN THE PROJECT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, with the assistance of the Community Design Center of the University of Arkansas, the City of Fayetteville in conjunction with the Walton Arts Center applied early this year to the National Endowment of the Arts for an Our Town grant to fund a streetscape project to incorporate art, landscape and sustainability within infrastructure improvements on School Avenue from the Walton Arts Center to the Fayetteville Public Library; and WHEREAS, Fayetteville's grant application for $100,000.00 was one of the 59 requests to be approved out of over 250 submitted applications; and WHEREAS, the Community Design Center of the University of Arkansas has a proven record of unique and specialized knowledge and ability to design such project that it envisioned and helped prepare the grant application for; and WHEREAS, the Walton Arts Center was a required partner for this grant and will provide additional funding as well as expertise to make this artistic streetscape design project successful. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKNNSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts with sincere appreciation to the National Endowment of the Arts its Our Town grant in the amount of $100,000.00 and approves the attached Budget Adjustment. Page 2 Ordinance No. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby determines that because of the unique and vital abilities of the Community Design Center of the University of Arkansas to successfully design and fulfill the goals of this project and for the other reasons stated above, the City Council determines that it would not be feasible or practical to follow the normal bidding requirements and therefore waives the formal bidding requirements and approves the attached Technical Assistance Agreement with the University of Arkansas. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby determines for the reasons stated earlier that the formal bidding procedures for the Agreement with Walton Arts Center would be impractical and not feasible and therefore waives these formal bidding requirements and approves the attached Agreement with the Walton Arts Center. PASSED and APPROVED this 20`h day of August, 2013. APPROVED: ATTEST: 0 Un LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer TECHNICAL ASSISTANCE AGREEMENT Agreement, made this _ day of , 2013 by and between the Board of Trustees of the University of Arkansas acting for and on behalf of University of Arkansas, Fayetteville campus, 210 Administration Building,1 University of Arkansas, Fayetteville, AR 72701 (hereinafter referred to as "University°), and the City of Fayetteville (hereinafter referred to as "City"), WITNESSETH: WHEREAS, City desires to engage University to perform a Technical Assistance Project to assist with designand engineering documents for a new 1,200-foot long School Ave strestscape that creates a unique pedestrian experience, integrated with public art and mitigating impacts to downtown on -street parking facilities as described in Exhibit l` (hereinafter referred to as "Project"); and WHEREAS, University has personnel and facilities that would allow performance of the Technical Assistance as described in Project, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, both University and City consider it desirable and inthe public interest to perform the Project; NOW, THEREFORE, the parties agree as follows: 1. Statement of Work and Services. a. City agrees to engage the services of University as an independent contractor to perform the Project. The Project will be under the supervision of StephenLuoni (Project Director) at University; with the assistance of appropriate associates and colleagues at University as maybe required. Such Project was originally approved' by University in accordance with University policy and may be subsequently amended only in accordance with University policy and the written agreement of University and City. b. University shall commence the performance of Project promptly after the effective date of this Agreement, and shall use its best efforts to perform such Project in accordance with the terms and conditions of this Agreement. c. In the event that the Project Director becomes unable or unwilling to continue Project and a mutually acceptable substitute is not available, and University thereby is unable to complete Project in accordance with this Agreement, City and/or University shall have the option to terminate said Project. d. W ritten program reports shall be provided by University to City as mutually agreed to by the parties to this Agreement. 2. Award and Payment. City agrees to pay Sixty Thousand Dollars ($60,000.00) on a fixed cost basis for expenses and other related costs incurred in conjunction with the Project. This cost, as shown by approximate category of expense in the attached Exhibit I which is attached hereto and is incorporated herein by reference, for information only, shall be payable upon receipt of invoices submitted to City by University. 3. Basic Term. This Agreement shall become effective September t, 2013, and unless earlier terminated as hereinafter provided, shall expire June 30, 2015. 4. Public . University will not use the name of City or of any member of School Ave Streetscape Project staff, in any publicity, advertising, or news release without the prior written approval of. City. City will not use the name of University nor any employee of University, in any publicity without the prior written approval of University. 5.- Responsibility The parties each agree to assume individual responsibilityfor the actions and omissions of their respective employees, agents and assigns in conjunction with this Project. 6.Default and Termination. In the event that either party to this Agreement shall be %MU the not Of termination. 7 Entire Agreement. The parties acknowledge thatthis Agreement and the attached Exhibits hereto represent the sole and entire Agreement between the parties hereto pertaining to the Project and that such supersedes all prior Agreements, understandings, negotiations and discussions) between the parties regarding the same, whether oral or written. There are no warranties, representations of other Agreements between the parties in connection with the subject matter hereof except as specifically. set forth herein. No supplement, amendment, alteration, modification, waiver or termination of this Agreement shall be binding unless executed in writing bythe parties hereto. This document supersedes any other document between the parties relating to the project. 8. Notices. Any notices, statements, payments, or reports required by this Agreement shall be considered given if sent by United States Certified Mail, postage prepaid and addressed as follows: If to University: Kathy Scheibe[, Assistant Director Research & Sponsored Programs University of Arkansas 210 Administration Building, i University of Arkansas Fayetteville, AR 72701 If to City: Mayor L.Ioneld Jordan City of Fayetteville 113 West Mountain Ave Fayetteville, AR 72701 9. Governina Law. This Agreement shall be governed and interpreted in accordance with the substantive laws of the State of Arkansas, without reference to its conflict of laws principles, and with applicable laws of the United States of America. IN WITNESS WHEREOF, University and City entered into this Agreement effective as of the date first hereinabove written and have executed two (2) originals each of which' are of equal dignity. CITY OF FAYETTEVILLE BOARD OF TRUSTEES OF THE - UNIVERSITY OF ARKANSAS By: By: 'Kathy'SchdW, Assistant D rector Tide: Titles R s arch'-& Soonsored Prodrams Date: Date: 6 f /l/s TECHNICAL ASSISTANCE AGREEMENT Agreement, made this 1 iay of 2Q4e],, by and between the Walton Arts Center Council acting for and on behalf oT Walton Arts Center, 229 N. School Ave, Fayetteville, AR 72701 (hereinafter referred to as "WAC"), and City of Fayetteville (hereinafter referred to as "City"), WITNESSETH: WHEREAS, City of Fayetteville desires to engage WAC to perform a Technical Assistance Project to assist with public art design, construction, and installation for a new 1,200 foot long School Ave streetscape that creates a unique pedestrian experience, as described in Exhibit 1 (hereinafter referred to as "Project"); and WHEREAS, WAC has personnel and facilities that would allow performance of the Technical Assistance entitled as described in Project, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, both WAC and City consider it desirable and in the public interest to perform the Project; NOW, THEREFORE, the parties agree as follows: 1. Statement of Work and Services. a. City agrees to engage the services of WAC as an independent contractor to perform the Project. The Project will be under the supervision of Jenni Swain (Project Director) at WAC, with the assistance of appropriate associates and colleagues at WAC as may be required. Such Project was originally approved by WAC in accordance with WAC policy and may be subsequently amended only in accordance with WAC policy and the written agreement of WAC and City. b. WAC shall commence the performance of Project promptly after the effective date of this Agreement, and shall use its best efforts to perform such Project in accordance with the terms and conditions of this Agreement. c. In the event that the Project Director becomes unable or unwilling to continue Project and a mutually acceptable substitute is not available, and WAC thereby is unable to complete Project in accordance with this Agreement, City and/or WAC shall have the option to terminate said Project. d. Written program reports shall be provided by WAC to City as mutually agreed to by the parties to this Agreement. 2. Award and Payment. City agrees to pay forty thousand and NO/100 Dollars ($40 000.00 on a fixed cost basis for expenses and other related costs incurred in conjunction with the Project. This cost, as shown by approximate category of expense in the attached Exhibit I which is attached hereto and is incorporated herein by reference, for information only, shall be payable upon receipt of invoices submitted to City by WAC. 3. Basic Term. This Agreement shall become effective September 1, 2013, and unless earlier terminated as hereinafter provided, shall expire June 30, 2016. 4. Publicitv. WAC will, not use the name of City or of any member of City Project staff, in any publicity, advertising, or news release without the prior written approval of City. City will not use the name of WAC nor any employee of WAC, in any publicity without the prior written approval of WAC. 5. Resoohsibility. The parties each agree to assume individual responsibility for the actions and omissions of their respective employees, agents and assigns in conjunction with this Project. 6. Default and Urrefination' In the event that either party to thisAgreement shall be in default of any of its material obligations hereunder and shall fail to remedy such default within thirty (30) daysafter recelptofwritten notice:thereof,:the party..hotin default'shail have the option of ternfinating this Pxgreement by,giving written notiaeahereof, "natwithstanding anything to the contrary contained in this Agreement. Termination of thi's Agreement shall not affect the rights and obligations of the parties that accrued prior to the effective date of termination. B.Entire Anreement. The parties acknowledge that this Agreement and the attached Exhibits hereto represent the sole. and entire Agreement between. the. parties hereto pertaining to the Project and that such supersedes all prior Agreements, understandings, negotiations and discussions between the parties regarding the same, whether oral or written. There are no warranties, representations of other.Agreem6nts between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, amendment, alteration, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the parties hereto. This Agreement supercedes any other document including. Sponsor Purchase Order(s). g. Notices: Any notices,, statements, payments, or reports required by this Agreement shall be considered given if sentby United States Certified Mail, postage prepaid and addressed as follows: If to WAC: VJ&1hrn i1e�n3tX`: "n 'S unat FAH ptf--c6 jk -7Zia' If to City: 10.. Goverhino Law. This Agreement shall be .governed and interpreted in accordance with the substantive laws of the State of Arkansas and with applicable laws of the United States of America. IN WITNESS WHEREOF, WAC and City entered into this Agreement effective as of the date first hereinabove written and have executed two (2) originals each of which are of equal dignity. '0aurd okkvw&W tH,& W`t0• C� ak 1 le, BYt- By. e&M � Title: Date: Ck/ // ) / / :1- Date: Exhibit t Scope of Work • Develop artscape approach with Stacy Levy and Community By Design (civil engineer). This involves identification of potential sites for placement of art, as well development of creative strategies by which art forms and artistic expressions are manifested throughout the street corridor. • Explore with Community By Design new right-of-way configurations for the four block segment of School Avenue connecting the Fayetteville Library with the Walton Arts Center complex. This involves coordination of sidewalk and/or ramp improvements, retaining walls, parking facilities, street furniture, surface treatments, and streetscapes including stormwater management. This is complicated by the hillside terrain and tight right-of-way widths along portions of School Avenue. Civil engineering documents will be prepared for the City for the four block segment. • Coordinate streetscape design with planned upgrades to the Walton Arts Center, Hillcrest Towers, and new parking structure to be constructed by the City of Fayetteville. • UACDC will prepare site plans, sections, elevations, and renderings of the proposal for fundraising to implement the proposal. ExhibiH Proposed to (Sponsor): Proposed Start & End Dates UA Lead Investigator: SALARIES & WAGES PI, academic or cal. year sal. PI, summer salary Co -PI #1, acad. or cal. year Cc -PI at, summer Co -Pi 42, aced, or cal, year Co -PI #2, summer Project Designer (J. Huber) Project Designer (C. Amos) Research Assistant or Tech. Graduate Assistant (PhD.) Notashom RSSP: (1) Oo not Inca M grey -shelled cells. (2) Foa w instructions in cells win a red comer biangk. (3) Dekte these notes when the budget is 61u1. TWe I PERSON -MONTHS 6miYr1 mmolm CAL AY SMR 12... Total S&W FRINGE BENEFITS Institutional Rate: Facultyistaff academic I calendar salary 27.10% Faculty summer salary 16.00% GRA(s) 3,10% Hourly, non -student 7.30% Hourly, enrolled student 0.40 % Total F8 Total Safari" • Berel TRAVEL -Domestic TRAVEL - Foreign MATERIALS & SUPPLIES (not fees or services, which am 'Other") JOURNAL PUBLICATION FEES OTHER DIRECT COSTS (Itembe by type; insert India rows if needed.) Engineer Subtotal Other Direct Costs Modified Total Direct Coats (above subtotal costs subject to FBA Cost) F & A COST (MTDC a RATE): 25% F&ACOST (UNRECOVERED): 0% F & A COST (COST -SNARE): 25% Modified Total Direct Costs (first $251K of each subaward) F&ACOST (MTDC Z RATE)SUB(S): 0% (DBect Costs not sabred to FM Cost, wM Me exception that the And $2W ofeach sehaward is s.bJbct to F&A): Yr2 Cumulative 5,500 4,000 7,500 6.WU 13,000 t0,5U0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,160 2,500 3,900 3,500 8,060 6,000 3.558 2,388 3,706 3.331 7,264 5,719 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13,218 8,688 15,106 13,331 28,324 22,219 3.502 2,409 4.094 3.613 7,676 6.021 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,562 Z409 4,094 3,613 7.876 6,021 16,800 11,297 19,200 16,944 36,000 28,240 0 0 0 0 0 0 0 0 0 0 9 2,824 0 4,236 7,060 0 0 0 0 0 0 GRA TU ITION(estimated 10%1noressert'd Credit Hours: 21 Rate $362 0 0 0 0 EQUIPMENT @ > $2500 each 0 0 PARTICIPANT (TRAINEE) SUPPORT 0 0 SUBAWARD#1. total (Inedhition): 0 0 SUBAWARO#2, total (InstiWtion): 0 0 SUBAWARO t13, 001 (Institution): 0 0 TOTAL DIRECT COST 28,800 11,297 19,200 16,944 48,000 28,240 TOTAL PROJECTCOST $36,000 $14,121 $24,000 $21,180 60,000 35,300 Note: My slight discrepancy in calculation is due to spreadsheet rounding. -ifY1�l5+4 mod' i $t�m_*4 Afr 9mk L4+Wt� Wrr.w1 y u+ud Revised Project Budget Application # namelmailing address): City of Fayetteville 113 W Mountain St Fayetteville, Arkansas 72701-6069 Award # OMB No. 3135-0112 Expires 11/30/13 Rev. 7,26/12 13-946350 (Use 2-digit numerals, e.g., 01/01/13 for Jan. 1, 2013): Start!n / IJ 13 Endin . Revised Project Description. If it is necessary to revise your project, clearly describe how the recommended grant and matching funds would be spent. Give a justification for the change (e.g., reduced amount of funding recommended as conveyed by the Endowment). The City of Fayetteville, AR (pop. 73,000) seeks funding to design a public space and install integrated art to connect two cornerstone cultural institutions in its downtown district. The scope has been revised to limit the extent of the public art delivered by the project, due to reduced amount of funding recommended as conveyed by the Endowment. Certain matching funding sources were removed as specified by the Endowment. 4. Project Budget Summary: Amount Recommended Plus "Total match for this project' Must equal `Total project costs" see accompanying memo $ 100,000 +$ 100,000 =$ 2001000 S. Authorizing Official (Last, first): Jordan, Lioneld O Mr. ❑ Ms. Title: Mayor Telephone: (479 ) 5758330 ext. Fax: (479) 5758257 E-Mail: mayor@ci.fayetteville.ar.us _ Date: 7 / 15 / 13 6. Project Director (Last, first): Pate, Jeremy Q Mr. ❑ Ms. Title: Development Services Director E-Mail: jpate@ci.fayetteville.ar.us Telephone: (479 ) 5758265 ext. Fax: (479) 5758202 Project Budget Income 7 Total MATCH for this project. Be as specific as possible. Asterisk (') those funds that are committed or secured. CASH (refers to the cash donations, grants, and revenues that are expected or received for this project.) Amount Walton Family Foundation grant: Artosphere Festival FY2015 40,000 Total cash a. $ 40,000 IN -KIND (these same items also must be listed as direct costs under "Expenses" below.) Amount Artosphere FY14 and FY156 personnel, production, and admin 20,000 City of Fayetteville: personnel 4,700 Design consultant: UACDC personnel 35,300 Total in -kind b. $ 60,000 Total MATCH for this project (a. + b.) $ 100,000 Revised Project Budget Expenses 8. Direct costs: SALARIES AND WAGES (Do not include salaries associated with fund raising.) Title and/or type of personnel Number of Annual or average salary % of time devoted to Amount personnel range this project Project director 1 94628 1.23 910 Staff engineers 3 83556 0.87 1,707 Current planner 1 52872 0.9 356 Other 2 52141 0.58 606 Total salaries and wages a. $ 3,579 Fringe benefits Total fringe benefits b. $ 1,121 Total salaries, wages, and fringe benefits (a. + b.) $ 4,700 9. Direct costs: TRAVEL (Include subsistence.) # of travelers From To Amount 1 3 design trips from Pennsylvania Fayetteville, Arkansas 3,000 1 3 implemntation trips from PA Fayetteville, Arkansas 3,000 Total travel $ 6,000 10. Direct costs: OTHER EXPENSES (such as consultant and artist fees, contractual services, telephone, utilities, photocopying, postage, supplies and materials, publication, distribution, transportation of items other than personnel, rental of space or equipment, etc.) Amount Art: design fee 22,000 Art: labor and materials 52,000 Artosphere Festival coordination: site -specific costs, personnel, administration 20,000 Streetscape: design and engineering consultant 95,300 Total other expenses $ 189,300 11. Total DIRECT COSTS (0.+9,+10.) $ 200,000 12. INDIRECT COSTS (if applicable. Include a copy of federal indirect cost rate agreement): Federal Agency: Rate (%) x Base = $ 13. TOTAL PROJECT COSTS (11. + 12.) $ 200,000 M iolZ0.1 Endowm2n,� ' f �44 AY6 City of Fayetteville Staff Review Form N� ^ /l JIUJ( , �Wn Gmyvt City Council Agenda Items and Contracts, Leases or Agreements Mayors Signature City Council Meeting Date Agenda Items Only Jeremy Pate Development Services Development Services Submitted By Division Department Aczion Est to submit an application for the National Endowment for the Arts Our 1 own Grant, a partnership with the Arts Center and University of Arkansas Community Design Center, entitled School Avenue Artscape. Cost of this request Category / Project Budget Account Number Funds Used to Date Project Number Remaining Balance Budgeted Item = Budget Adjustment Attached Date PD-!3 Date Finance and Internal Services Director Date / /D-/3 Date Date Program Category / Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inC41-10-13P12:15 RCVC Clerk's Office Received in D Mayor's Office Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Development Services Memo To: Mayor Jordan Thru: Don Marr, Chief of Staff From: Jeremy Pate, Development Services Director(5 Date: January 10, 2013 Subject: NEA Our Town Grant application — School Street Artscape BACKGROUND Aldmerman Matthew Petty has coordinated submittal of a grant application on behalf of the City of Fayetteville to the National Endowment for the Arts, for an Our Town Grant, in a partnership between the City of Fayetteville and the Walton Arts Center. This project has been discussed in the past few weeks with Mayor Jordan, Chief of Staff Don Marr, Finance Director Paul Becker and Development Services Director Jeremy .Pate. Mr. Petty is currently working with the University of Arkansas Community Design Center, which is anticipated to conduct much of the concept design work on the project. The City of Fayetteville is the lead applicant for the grant, with Jeremy Pate appointed as Project Director. Jeremy will be the primary city liason related to the project, and will work with the Finance Department on all federal reporting and compliance requirements related to the grant. The project is described in summary within the attached grant application. It consists of a $200,000 grant proposal to create a public space design on School Avenue, between the Fayetteville Public Library and the Walton Arts Center, featuring public art. If awarded, the grant will fund design of the streetscape and the integration of ecologically-themed public art which will be integrated with the new street and Low Impact Development stormwater facilities. This item is being routed at the request of Mayor Jordan, to ensure all parties are aware of the grant application. If awarded, the grant must be accepted by the City Council in order to become official. Timeliness of review is critical; the application is due on Monday, January 14. 1 0 W.Ai1' on ittdty Pro�n:nr7 J BUDGETIMPACT In -kind match of approximately $4700 from city staff review time THE CITY OF FAYETTEVILLE, ARKANSAS ADMINISTRATION 113 west Mountain January 8, 2013 To the National Endowment of the Arts, Our Town Panel: Re: School Ave Artscape: Integrating Art, Landscape, and Sustainability On behalf of the citizens of the City of Fayetteville, I would like to thank you for considering our city for an Our Town award. Our proposal to design a new streetscape with integrated art for School Ave was carefully chosen to meet the livability goals of the Arts Endowment. Our partners, the University of Arkansas Community Design Center, the Walton Arts Center, and artist Stacy Levy are nationally - if not internationally - recognized in their respective fields. The proposed School Ave Artscape: Integrating Art, Landscape, and Sustainability will go beyond an engineering -driven solution to merely build new sidewalks and will create a new identity for School Ave, one that leverages art to promote greater pedestrian activity. Our Arts Council Action Plan, adopted in December 2009, listed the incorporation of functional art into municipal infrastructure as its first goal, and I believe this public investment combining art and infrastructure will incent private investment in quality, mixed -use infill development. This project will enable the public, elected and appointed officials and staff to contemplate how we want our cultural arts district to grow in the future and what policies will help us reach that vision. If you need further information or have additional questions, please contact my office at 479- 575-8330. We appreciate the opportunity to work with the National Endowment for the Arts on this important initiative to help create innovative urban design solutions to enhance our city. In the City of Fayetteville, our Mayor is the highest ranking government official. This letter designates this project as the City of Fayetteville's submission for an Our Town award. Sin rely, Lioneld ordan Mayor Telecommunications Device for the Deaf TDD(479)521-1316 713 West Mountain- Fayetteville, AR 72701 Walton Arts Center life is sweet January 9, 20I3 Dear Panel Members! It is my pleasure, on behalf of Walton Arts Center's Board and staff, to thank you for considering Fayetteville as a recipient of an Our Town grant as requested by the City of Fayetteville. The proposed project, School Ave Ariscape. IntegratragArt, Landscape, and Sustainabdirysupports both the city%s and Walton Axes Center's vision for a beautiful, arts -rich, environmentally friendly community space. It will be a much needed enhancement to the streetscape of Fayetteville's cultural district, and Walton Arts Center is thrilled to be one of several community entities engaged in such a worthwhile project In 20I0 Walton Airs Center launched the first arts and nature festival in Arkansas. Artosphere, conceived to celebrate artists, the natural world and sustainable living, is a regional performing and visual axis festival taking place in May and June each year. The Festival features the acclaimed Artosphere Festival Orchestra under the baton of Corrado Rovaris, the signature Trail Mix Concert Tours, childrem's theater, modern dance, visual arts exhibits and public art installations in parks, chapels, trails and other venues throughout the Northwest Arkansas region. Most events are offered free of charge and more than 20,000 community members attend each year. It is during Artosphere 20I0 that we began working with this project's featured artist Stacy Levy. Her inspiring installation of our region's Beaver Lake shoreline was the highlight of the festival's Beyond Sublime visual am exhibition. I share this program with you because Armsphere, along with an organization -wide commitment to sustainability, energy saving and resource -use reduction, are indicative of the importance the Walton Arts Center places on the confluence of arts, sustainability and community. This project fn thets that belief along with our commitment to artistic excellence and community leadership. We are happy to pledge personnel, time and a financial commitment of $160,000 in matching funds to advances our vision and practices and support the success of this project If you need further information or have additional questions, please contact my office at 479-57I-2770. We ate looking forward to the opportunity to work with the National Endowment for the Arts to create innovative urban design solutions that demonstrate how the arts strengthen our communities. Sincex , Peter B. Lane President/CEO UA4WUNIVERSITY OF ARKANSAS DCOMMUNITY DESIGN CENTER 104 North East Avenue Fayetteville, AR 72701 phone 479-575-5772 fax 479-575-7045 http://uacdc.uark.edu outreach center of the school of architecture January 8, 2013 To the National Endowment of the Arts, Our Town Panel: Re: School Ave Artscape: Integrating Art, Landscape, and Sustainability On behalf of the University of Arkansas Community Design Center, I would like to thank you for considering the City of Fayetteville as the recipient of an Our Town grant. I believe this project will complement and enhance the City of Fayetteville's developed master plans. The proposed project, School Ave Artscape: Integrating Art, Landscape, and Sustainability, will enable the public, elected and appointed officials and staff to contemplate how the City's relationship to art and artists can be showcased within street rights -of -way. As a partner, UACDC has committed $35,300 in matching support toward the project's success. If you need further information or have additional questions, please contact my office at 479-575-5772. We appreciate the opportunity to work with the National Endowment for the Arts on this important initiative to help create innovative urban design solutions that demonstrate how the arts strengthen our communities. Sincerely, 0-/" 1 Stephen Luoni, Director Steven L. Anderson Chair! n Architecture and Urban Studies 76 Upper Georges 'Valley Road Spring Mills, FA 16375 814-360-4346 1 stacy@stacylevy.com January 8, 2013 To the National Endowment of the Arts, Our Town panel Re: School Ave Artscape: Integrating Art, Landscape, and Sustainability I would like to thank you for considering the City of Fayetteville as the recipient of an Our Town grant. As the artist selected for the project, I am excited to work with the University of Arkansas Community Design Center and the City of Fayetteville to design a streetscape that tells an ecological story. I work extensively with municipalities, engineers, architects, and landscape architects on most of my sites. I try to design a project so that the site tells the ecological story of itself. I like to explore the idea of nature in the city and make it visible to people, and I look for sites which give me the opportunity to bring the patterns and processes of the natural world into the built environment. If you need further information or have additional questions, please contact me at 814- 360-4346. Sincerely, Stacy Levy Artist NEA Application Read the OMBExpires ,vaazuis instructions for Consortium Partner Information_ this form before (For official Consortium Applications only) you start. To be completed only by the one primary consortium partner and included in the application package Lead Applicant for Consortium City of Fayetteville (official IRS name): Y Primary Consortium Partner's IRS name: Walton Arts Center Council, Inc. Popular name (if different): Walton Arts Center Primary ❑s Mr. ❑ Ms. First: peter B. Last: Lane Consortium Partner's Authorizing Official Email Address: plane@waltonartscenter.org Address: PO Box 3547 City/State/zip Code (9-digit number): Fayetteville, AR 72702-5134 Consortium Partner's Taxpayer to Number (9-digit number): 71 _ 0647212 Web Address: http:// www•waltonartscenter.org Contact: ❑ Mr. Ms. First: Jenni Taylor Last: Swain Title: VP, Programs E-mail: JTSwain@waltonartscenter.org Telephone: (479) 571-2771 ext. Fax: (479) 443-6461 Organization's Total Operating Expenses for the most recently completed fiscal 9,755,124 year (unaudited figures are acceptable): $ Mission/purpose of your organization: Walton Arts Center brings great performning artists and entertainers from around the world to Northwest Arkansas, connecting and engaging people through inspiring arts experiences. Briefly describe your organization's involvement in planning and executing the consortium project including programming, management, finances, and any responsibilities for matching the Arts Endowment's grant. Be specific; do not provide a general statement of support for the project. Use this space only. Walton Arts Center's involvement with this project includes providing guidance to the artistic direction, selection of project artist(s), communication, scheduling and coordination during the project period with artist(s). WAC will lend its experience as a partner and collaborator in working with integrated arts projects, including project management, volunteer involvement and coordination and communicating the project to public. WAC will provide matching funds. University of Arkansas, Programmatic Activities List UACDC Programmatic Activities List Title of Project/Funding Agency UACDC Programs Stephen Luoni Director 2012-2015 Initiation of Watershed Management Plan for Little Creek-Palarm Creek Sub -Watershed/ U.S. Environmental Protection Agency and Arkansas Natural Resources Commission 2011-2012 Creative Corridor for Little Rock, Arkansas/ National Endowment for the Arts Funding Awards 2012 USA Ford Fellow 2010 AIA Honor/Education 2010 McIntosh Faculty Award 2010 Sierra Club Award/Advocacy 2009 Fayetteville Chamber Award 2009 USGBC Award/Education $50,000 2012 WAN Regeneration Finalist Revitalization Plan for Pettaway Neighborhood, Little $30,000 2013 AIA Honor/Urban Design Rock, AR/ 2012-2013 ASCA/AIA Housing/Education National Endowment for the Arts 2012 American Architecture Award 2011 Residential Architect/Design 2030 Scenario Plans for Fayetteville, AR $20,000 2012 WAF Future Masterplanning Finalist National Endowment for the Arts 2012 CNU Honorable Mention 2012 AIA Honor/Urban Design 2011 WAN Urban Design Finalist 2010-2011 Low Impact Development: a design manual for urban 2011-2012 ACSA Collaborative Practice areas/ 2011 EDRA Places Award Finalist U.S. Environmental Protection Agency and Arkansas 2011 ASLAAward/Communications Natural Resources Commission $101000 2011 AIA Honor/Urban Design Arkansas Forestry Commission 2010 Arkansas APA/Planning U.S. Green Building Council (AR Chapter) Beaver Water District Ozarks Water Watch Upper White River Basin Foundation National Center for Appropriate Technology Illinois River Watershed Partnership Ralph Bunche Agape Neighborhood Vision Plan/ Central Arkansas Development Council: Benton, AR Townscape Plan for City of Farmington, AR/ National Endowment for the Arts $5,000 $2,500 $2,500 $2,500 $2,500 $2,500 $5,000 $15,900 2011 Residential Architect/Design $10,000 2012 American Architecture A $20,000 2011 AIA Honor/Urban Design University of Arkansas, Programmatic Activities List Public Xeriscape Garden Design for Fayetteville, AR WastewaterTreatment Plants/ CH2MHILL 2009-2010 American Recovery and Reinvestment Act/ National Endowment for the Arts 2007-2010 Low Impact Residential Development/ U.S. Environmental Protection Agency and Arkansas Natural Resources Commission 2010 Arkansas AI 2010 BSA/Design $22,000 $50,000 $468,000 2011-2012 ACSA/Collaborative Practice 2010 AIA Honor/Education 2010 Residential Architect/Design 2009 American Architecture Award 2009 56'h Progressive Architecture 2009 AIA Honor/Design , Walton Arts Center Programmatic Activities List r #tteradance/ Ais1 . ,w + :j, la �ltletx[ArtiSy}.... k0eatt�n. , Pik. Fees. Yt. jt Y-`i �' -N d'}44Y y� o 1Ya .�'.. Y l fx(f t" `: .. f'A Beyond Sublime: Changing Nature — Eric Aho, Emmet Gowin, Stacy Levy, Eileen Neff, Paula WAC 1192, N/A $35,000 Winokur Mm Oliver Lecture WAC 489, 40.7% $20,000 '_" ;x 'r CS�.x .:✓i n. � x /s .�3 k .S. r. ;: xi. u`,�`�""xss, Silent Poems, Anita Huffin ton WAC 4000, N/A $3000 Watermarks, Bethany Springer WAC 4000, N/A $3,000 Garden as Muse - Syd Carpenter, Markus Baenziger, Sally Apfelbaum, Sarah McEneaney WAC 5000, N/A $37,000 and Lois Dodd Out and About: Rani Arbo and Daisy Mayhem; WAC, Crystal Bridges Museum, 902, N/A $12,000 workshops and performances Area Schools Trail Mix Concert Tour featuring: Hot Club of Hog Town, ArkanSalsa, Razia Said, Lake 600, N/A $27,700 Annie Hickman's Weaving the Wild Fayetteville Trail Artosphere Festival Orchestra with Maestro 1,147, 95% WAC $158,671 Corrado Rovaris 1,189, 99% Tom Chapin Bentonville Town 1,800, N/A $3,600 Square 2011r2012 ".67, Then & Now, Leon Niehues WAC 5000, N/A $3000 2 University of Arkansas, Programmatic Activities List Made in the USA, Jeannie Hulen WAC 3000, N/A $3000 Structuring Nature, Orit Hofshi, Andrew Moore, WAC 5000, N/A $40,000 Serena Perrone, Ben Peterson and Randall Exon Trail Mix Concert Tour - featuring Annie Hickman's Weaving the Wild, Lucky Crystal Bridges Peterson, Pine Leaf Boys, Bruce Barth and the Museum & Lake 1,050, N/A $27,000 Grateful Jazz Project, NewFound Road, The Old Fayetteville Trail 78s and Trio DeJaneiro. Massey Burke Residency & Karst Installation WAC 1000+, N/A $4,000 Diavolo Dance Theatre - Performances & Master WAC 3344, 62% $34,000 Classes Polyglot Theatre's We Built this City WAC 798, 73% $23,500 Out of the Woodwork, Patrick Dougherty - WAC 40,000+, $31,000 residency & installation N/A City of Fayetteville Programmatic Activities List 2010 • Block Avenue Design/Construction —street featuring Low Impact Development stormwater facilities • Low Impact Development ordinance adopted • Cottage Housing Ordinance: design standards for small -footprint attainable housing • Multi -use Trails - Mud Creek extension, Bryce Davis, Frisco (Maple to Spring), Oak Ridge, • Awarded Bronze Bicycle Friendly Community status • Urban Residential Design Standards for multi -family development, requiring a more urban form 2011 • City Plan 2030 — comprehensive land use plan, recipient of CNU Charter Award • Master Transportation Plan — updated with context -sensitive street cross -sections • Streamside Protection Ordinance adopted • Fayette Junction Master Plan rezoning - rezoned 225 acres to form -based districts • Trails: Oak Ridge, Meadow Valley Trail 2012 • Wedington Corridor Plan • Sidewalk Enhancement project for Mountain Street, Center Street and College Avenue • Regional Wayfinding Sign Program • Adoption of IECC energy codes • Flyover Design • Mixed -use Trails: Meadow Valley Trail, Lake Fayetteville Trail, Clear Creek Trail; secured $350,000 in grant funding for trails • North Street Recycling Facility Design 2013 (planned) • Update to Commercial Design Standards to require commercial developments use an urban form • Mixed -use Trails: Lake Fayetteville, Town Branch Trail, Frisco Trail South extention, Tsa La Gi; over 4 miles planned to be constructed, over $4 million in grant funding • Local foods/urban agricultural policy and ordinance updates • Renovation of Historic Maple and Lafayette Bridges design National Environmental Policy Act andlor National Historic Preservation Act Documentation The activities of this project will take place only within the existing street -right-of-way. All adjacent properties will be preserved in their current state. No landmarked properties exist adjacent to the project area and the project does not take place in a sensitive environmental area. The State of Arkansas does not require a historic preservation or environmental review for this project. City of Fayetteville, Arkansas Overview Incorporated 1828. Mission: To protect and improve our quality of life by listening to and serving the people with pride and fairness. Fayetteville is a college town with a population of 75,000 and the region has a population of approximately 520,000. The population of Fayetteville is expected to grow by 50,000 residents by 2030. The city is 84.8% white, 6% African American, 3.1 % Asian, 1.1 % Native American, and 6% of other or mixed race. 42.6% of adults hold a bachelor's degree or higher. The median household income is $34,393. Previous activities relevant to the project include the Downtown Master Plan and City Plan 2030, recognized with a Congress for the New Urbanism Charter Award. Other work includes the Fayette Junction Master Plan, a transit -oriented development plan, and the recently completed Wedington Corridor Master Plan. The City makes routine use of citizen surveys and design charrettes to reach a broad segment of the population. A large portion of the City's Community Development Block Grant funding goes to its Housing Rehabilitation program, which rehabilitates and repairs the homes of low- income families. The City also supports a transit program for the disabled. Walton Arts Center (WAC) Overview Incorporated: 1986. Mission: To bring great performing artists and entertainers from around the world to Northwest Arkansas, connecting people through inspiring arts experiences. WAC presents a variety of acclaimed musical theater, dance, world arts, comedy, jazz, visual arts, opera, symphonic and popular music performances. Attendance in 2012 topped 240,000, including 50,000 students and teachers. WAC hosts four resident arts organizations and provides performance space for the University of Arkansas, regional choirs and dance academies and meeting and event space for community access. WAC has a successful history of partnering with artists to create work that enhances our community. Commissioned works include: Intermission by Ken Stout, a 9' x 50' mural incorporated as a permanent feature of the building during WAC's construction in 1992; 1- 540 Flowers (2007) by Lee Littlefield, 20 colorful 15' to 30' floral and vegetal sculptures sited along the region's 1-540 Interstate; Slow Dancing (2008) by David Michalek, an outdoor video installation of larger -than -life, hyper -slow-motion video portraits of dance artists; and Out of the Woodwork, by Patrick Dougherty. As part of WAC's 2012 Artosphere: Arkansas' Arts & Nature Festival, the site -specific cluster of seven 30' tall "dramatic figures" was created using locally harvested saplings. Efforts to reach audiences hindered by financial access include discounted school matinee tickets, fully subsidized in -school residencies, bussing subsidies for area schools, and a free seat program for underserved community members. 1 of 1 a) Major project activities. The City of Fayetteville, AR (pop. 73,000) seeks funding to design a public space with integrated art to connect two cornerstone cultural institutions in downtown Fayetteville. Fayetteville Public Library (FPL), Library Journal's 2005 Library of the Year, and Walton Arts Center (WAC), a regional performing and visual arts center, are located on School Ave. This serves as the primary entrance for visitors to downtown. The institutions are separated by a mere three blocks, but there is no contiguous sidewalk connecting the two. Land use is auto -dominated but ripe with opportunity for further urban infill. This request is part of a larger initiative to retrofit School Ave as a pedestrian -oriented, Complete Street featuring public art. If awarded, this grant will fund design of the streetscape and the integration of ecologically- themed public art which will be integrated with new street and Low Impact Development stormwater facilities. Design consultant for this project is the University of Arkansas Community Design Center (UACDC), selected for its internationally -recognized urban designs emphasizing livability and Low Impact Development principles. UACDC will provide the City with design and engineering documents for a new 1,200-foot long School Ave streetscape that creates a unique pedestrian experience, integrated with public art and mitigating impacts to downtown on -street parking facilities. UACDC's work will begin in September 2013 and will be presented in March 2014. WAC is the City's primary partner for this grant, selected to leverage the success of their annual performance and visual arts festival, Artosphere, a multi -month festival which emphasizes the connections between art, nature, and sustainability using indoor and outdoor performances and exhibits. Artosphere 2010 and 2013 were partially funded by N EA grants. WAC is providing matching funds for the procurement of public art and will provide guidance to the artistic direction of the project. The art will be unveiled during their 2015 Artosphere festival, which takes place in May and June. The three -block public space complements the $20 million in architectural and urban design improvements to the WAC main facility scheduled over the next two years. WAC has selected Stacy Levy as artist for this project. Trained as an forester and sculptor, Ms. Levy's projects are sites which tell ecological stories. She works extensively with municipalities, engineers, architects, and urban design professionals to develop spaces that translate the patterns and processes of the natural world into the language of human understanding, blurring the boundaries between nature and urbanity. She often works with drainage infrastructure to create artful rainwater interventions that treat stormwater and make the watershed more visible. As part of a larger initiative to improve downtown walkability, the City's Street Committee will consider the allocation of city revenues for construction of UACDC's streetscape design in the latter half of 2014. b) Goals and impact. This project will serve as an example to other communities of a properly - located livability project that links public housing, cultural institutions, an entertainment district, and under -developed land. The first goal is to frame further urban development with an arts -based civic infrastructure between two of Fayetteville's most important cultural institutions. Bookended by FPL and WAC, 1 of 3 the project area contains a recently completed $1.5 million facility for local NPR affiliate KUAF Public Radio. The space is also home to the City's largest public housing project, the 120-unit Hillcrest Towers Senior Center, whose residents currently have no ADA-compliant route to access FPL, WAC, or the rest of the entertainment district in this hilltown. A shared streetscape negotiating a challenging topography will directly impact their quality of life as well as others' who live, work, and play downtown. The second goal is to convey an ecological story through the integration of public art with street and stormwater facilities. A comprehensible visual metaphor for otherwise invisible natural processes, such as the spiraling hydrological patterns of an underground stream, will encourage new pedestrian activity on School Avenue and raise the ecological literacy of downtown patrons. c) Outcome(s) and Measurements. This project goes beyond simple sidewalk construction and traffic calming to create a unique identity for School Avenue - one which leverages art to reward greater pedestrian activity. The City believes that the incorporation of functional art into municipal infrastructure will incent quality mixed -development from the private sector. The City document public meetings and conduct surveys of downtown patrons and residents to determine the success of the project. d) Budget. City of Fayetteville seeks $200,000 to be itemized as follows: $140,000 for artist fees and materials and $60,000 for design consultant fees. Matches totaling $200,000 will be provided by City of Fayetteville, UACDC, and WAC. They are: • • WAC: $80,000 for artist fees; $25,000 for site -specific project costs. In -kind: $16,000 of personnel time and $20,000 for design of upcoming building renovation anchoring the project area; $20,000 for space; personnel, production, and administrative costs for Artosphere Festival Visual Arts Component; $15,000 personnel time for upcoming building renovation. • UACDC: $35,300 for personnel time • City: $4,700 for personnel time for engineering, fire safety, and regulatory reviews e) Schedule. • Jul2013: Funding allocation for streetscape construction (not included in project budget). • Sep 1, 2013: UACDC design work commences. • Mar/Apr 2014: Presentation of design and artistic concepts to governing body. • Q3/Q4 2014: Streetscape construction (not included in the proiect budpet). • Q3 2014 - Q12015: Artistic concepts finalized. Creation of art. • Q2 2015: Art installed and unveiled. f) Partners, key organizations, individuals (All are committed) • City of Fayetteville: The City has regulatory oversight of street design and will provide in -kind matches involving staff services. The City and WAC have a long history of collaboration dating back to the founding of WAC in 1992. The City is currently in the design phase for a mixed -use parking structure located on the WAC campus, which will serve as an anchor for UACDC's streetscape design. 2of3 • Walton Arts Center, a performing and visual arts center: The WAC campus anchors the planning area and is currently in the design phase of a major $20 million renovation to its lobbies, theatres, back -of -house, and administrative offices. School Ave is WAC's main entrance. WAC's annual, multi -month Artosphere festival and its Trail Mix concert series has become nationally known in only four seasons and received NEA funding twice. • University of Arkansas, Fayetteville: UACDC staff (including a landscape architect and a civil engineer) will work with the City and artist Stacy Levy to design a new streetscape. UACDC and the City have been partners on NEA and EPA grants, including development of codes permitted Low Impact Development (ecologically -based stormwater management) in public rights -of -way, one of a few cities nationally to do so. • Stacy Levy, artist: Ms. Levy will work with UACDC to integrate public art within the streetscape design and will coordinate with WAC and the City to install and unveil her creation during Artosphere 2015. g) Target community. This project serves two communities. First is the City of Fayetteville, for which the grant provides design services otherwise unavailable to a small planning department with limited resources. The second audience is downtown patrons, a diverse community composed of all ages and incomes. Combined, FPL and WAC serve more than 500,000 people annually, of which more than 90,000 are children from school districts in the region. h) Plans for promoting and publicizing. The City-WAC partnership has been an important development force in Fayetteville. Expanding upon prior partnerships, public hearings for this project will once again feature the partnership's contributions. The City's Street Committee, planning staff, and WAC's development team will use the plan to secure investments. UACDC will produce a project portfolio for state and national distribution. The project will be posted on the websites of the UACDC and City of Fayetteville, and will be submitted to design publications, as UACDC does with all of its work. The plan will be incorporated into Fayetteville's Downtown Master Plan. i) Plans for documenting and evaluating. The plan is part of an ongoing effort to develop public assets downtown in a manner consistent with Fayetteville's award -winning 2030 Plan for compact town development. The planning process will meet the City's well-known tradition of public participation, deliberation, and publication. j) Accessibility. The project will be published electronically in conformance with federal, state, and University of Arkansas guidelines for accessibility. 3of3 TECHNICAL ASSISTANCE AGREEMENT Agreement, made thisax, day of 2013, by and between the Board of Trustees of the University of Arkansas acting or and on behalf of University of Arkansas, Fayetteville campus, 210 Administration Building,1 University of Arkansas, Fayetteville, AR 72701 (hereinafter referred to as "University"), and the City of Fayetteville (hereinafter referred to as "City"), W ITNESSETH: WHEREAS, City desires to engage University to perform a Technical Assistance Project to assist with design and engineering documents for a new 1,200-foot long School Ave streetscape that creates a unique pedestrian experience, integrated with public art and mitigating impacts to downtown on -street parking facilities as described in Exhibit 1 (hereinafter referred to as "Project'); and WHEREAS, University has personnel and facilities that would allow performance of the Technical Assistance as described in Project, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, both University and City consider it desirable and in the public interest to perform the Project; NOW, THEREFORE, the parties agree as follows: 1. Statement of Work and Services. a. City agrees to engage the services of University as an independent contractor to perform the Project. The Project will be under the supervision of Stephen Luoni (Project Director) at University, with the assistance of appropriate associates and colleagues at University as may be required. Such Project was originally approved by University in accordance with University policy and may be subsequently amended only in accordance with University policy and the written agreement of University and City. b. University shall commence the performance of Project promptly after the effective date of this Agreement, and shall use its best efforts to perform such Project in accordance with the terms and conditions of this Agreement. c. In the event that the Project Director becomes unable or unwilling to continue Project and a mutually acceptable substitute is not available, and University thereby is unable to complete Project in accordance with this Agreement, City and/or University shall have the option to terminate said Project. d. Written program reports shall be provided by University to City as mutually agreed to by the parties to this Agreement. 2. Award and Payment. City agrees to pay Sixty Thousand Dollars ($60,000.00) on a fixed cost basis for expenses and other related costs incurred in conjunction with the Project. This cost, as shown by approximate category of expense in the attached Exhibit I which is attached hereto and is incorporated herein by reference, for information only, shall be payable upon receipt of invoices submitted to City by University. 3. Basic Term. This Agreement shall become effective September 1, 2013, and unless earlier terminated as hereinafter provided, shall expire June 30, 2015. 4. Publicity. University will not use the name of City or of any member of School Ave Streetscape Project staff, in any publicity, advertising, or news release without the prior written approval of City. City will not use the name of University nor any employee of University, in any publicity without the prior written approval of University. 5. Resoonsibility. The parties each agree to assume individual responsibility for the actions and omissions of their respective employees, agents and assigns in conjunction with this Project. 6. Default and Termination. In the event that either party to this Agreement shall be in default of any of its material obligations hereunder and shall fail to remedy such default within thirty (30) days after receipt of written notice thereof, the party not in default shall have the option of terminating this Agreement by giving written notice thereof, notwithstanding anything to the contrary contained in this Agreement. Termination of this Agreement shall not affect the rights and obligations of the parties that accrued prior to the effective date of termination. 7. Entire Agreement. The parties acknowledge that this Agreement and the attached Exhibits hereto represent the sole and entire Agreement between the parties hereto pertaining to the Project and that such supersedes all prior Agreements, understandings, negotiations and discussions between the parties regarding the same, whether oral or written. There are no warranties, representations of other Agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, amendment, alteration, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the parties hereto. This document supersedes any other document between the parties relating to the project. 8. Notices. Any notices, statements, payments, or reports required by this Agreement shall be considered given if sent by United States Certified Mail, postage prepaid and addressed as follows: If to University: Kathy Scheibel, Assistant Director Research & Sponsored Programs University of Arkansas 210 Administration Building, 1 University of Arkansas Fayetteville, AR 72701 If to City: 9. Governing Law. This Agreement shall be governed and interpreted in accordance with the substantive laws of the State of Arkansas, without reference to its conflict of laws principles, and with applicable laws of the United States of America. IN WITNESS WHEREOF, University and City entered into this Agreement effective as of the date first hereinabove written and have executed two (2) originals each of which are of equal dignity. CIT By: Title Dat BOARD OF TRUSTEES OF THE UNIVERSIT OF ARKANSAS By: Kathy Schei el ssistant Director Title: Research & Sponsored Programs Date: 8//z/ /3 Exhibit 1 Scope of Work • Develop artscape approach with Stacy Levy and Community By Design (civil engineer). This involves identification of potential sites for placement of art, as well development of creative strategies by which art forms and artistic expressions are manifested throughout the street corridor. • Explore with Community By Design new right-of-way configurations for the four block segment of School Avenue connecting the Fayetteville Library with the Walton Arts Center complex. This involves coordination of sidewalk and/or ramp improvements, retaining walls, parking facilities, street furniture, surface treatments, and streetscapes including stormwater management. This is complicated by the hillside terrain and tight right-of-way widths along portions of School Avenue. Civil engineering documents will be prepared for the City for the four block segment. • Coordinate streetscape design with planned upgrades to the Walton Arts Center, Hillcrest Towers, and new parking structure to be constructed by the City of Fayetteville. • UACDC will prepare site plans, sections, elevations, and renderings of the proposal for fundraising to implement the proposal. Exhibit 1 to (Sponsor Start & End Notes from RSSP.(1) Do not type in gray -shaded cells. (2) Followinsubcdons in ca0s with a red comer Mangle. (3) Delete these notes when the budget is final SALARIES&WAGES Pl, academicorcal. year sal. PI, summer salary Base Salary Type Appoint. PERSON -MONTHS CAL AY SMR Yr1 Yr2 Cumulative 5,500 0 0 0 0 0 4,160 3,558 0 0 4,000 2,500 2,388 7,500 6,500 0 0 0 0 0 3,900 3.500 3,706 3,331 0 0 13.000 0 0 0 0 0 D 8,080 7,264 0 0 10,500 0 0 0 0 0 0 6,000 5,719 0 0 $164833 12 mo. 9 mo. 9 mo. Co -PI #1, acid. or cal. year Co -PI 91, summer Co -PI #2, acid. or cal. year Co -PI #2, summer Project Designer (J. Huber) $76,035 12 mo. Project Desi ner C. Amos) - $42,Mo 12 mo. 70M Research Assistant or Tech. I mo. Graduate Assistant (Ph.D.) - Total S&W FRINGE BENEFITS Institutional Rate: Facultylstaff academic I calendar salary 27.10% Faculty summer salary 16.01) GRA(s) 3.10 % Hourly, non -student 7.30% Hourly, enrolled student 0.40% Total FB Total Salaries + Benefits TRAVEL - Domestic TRAVEL - Foreign MATERIALS & SUPPLIES (not fees or services, which are "Other') JOURNAL PUBLICATION FEES OTHER DIRECT COSTS itemize by type, insert exha rows it needed.) Engineer Subtotal Other Direct Costs Modified Total Direct Costs (above subtotal costs subject to F&A Cost) F & A COST (MTDC : RATE): 25% F&ACOST (UNRECOVERED): 0% F & A COST (COST -SHARE): 26 Modified Total Direct Costs (first $25K of each subawaml) F & A COST (MTDC x RATE)SUB(S): ETD - (Direct Costs not subject to F&A Cost, with me exception that the first $25K ofeach subawald is subject to F&A): GRA TUITION (estimated 10%IncreaselYr) W Credit Hours: 21 EQUIPMENT (r$ > $2500 each PARTICIPANT (TRAINEE) SUPPORT 13,218 8.888 15,106 13,331 28,324 22,219 3,582 2,409 4,094 3,613 7,676 6,021 D D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,582 2,409 4,094 3,613 7,676 6,021 16,800 11,297 19,200 16,944 36,000 28,240 0 0 0 0 0 0 0 0 12,000 12,000 0 0 0 12,000 0 0 0 12,000 0 28,800 11,297 19,200 16,944 48,000 28,240 73200 4,800 12,000 0 0 0 2,824 0 4,236 7,060 SUBAWARD#1, total (Institution): SUBAWARD#2, total (Institution): SUBAWARD i/3, total (Institution): TOTAL DIRECT COST 28,800 11,297 19,200 16,944 TOTAL PROJECT COST $36,000 $14,121 $24,000 $21,180 Note: Any slight discrepancy in calculation is due to spreadsheet rounding. 0 0 0 0 0 48,000 60,000 0 0 0 0 0 28,240 36,300 TECHNICAL ASSISTANCE AGREEMENT Agreement, made this lzoay of �Nq 20-14, by and between the Walton Arts Center Council acting for and on behalf of Walton Arts Center, 229 N. School Ave, Fayetteville, AR 72701 (hereinafter referred to as "WAC), and City of Fayetteville (hereinafter referred to as "City"), WITNESSETH: WHEREAS, City of Fayetteville desires to engage WAC to perform a Technical Assistance Project to assist with public art design, construction, and installation for a new 1,200 foot long School Ave streetscape that creates a unique pedestrian experience, as described in Exhibit 1 (hereinafter referred to as `Project'); and WHEREAS, WAC has personnel and facilities that would allow performance of the Technical Assistance entitled as described in Project, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, both WAC and City consider it desirable and in the public interest to perform the Project; NOW, THEREFORE, the parties agree as follows: 1. Statement of Work and Services. a. • City agrees to engage the services of WAC as an independent contractor to perform the Project. The Project will be under the supervision of Jenni Swain (Project Director) at WAC, with the assistance of appropriate associates and colleagues at WAC as may be required. Such Project was originally approved by WAC in accordance with WAC policy and may be subsequently amended only in accordance with WAC policy and the written agreement of WAC and City. b. WAC shall commence the performance of Project promptly after the effective date of this Agreement, and shall use its best efforts to perform such Project in accordance with the terms and conditions of this Agreement. c. In the event that the Project Director becomes unable or unwilling to continue Project and a mutually acceptable substitute is not available, and WAC thereby is unable to complete Project in accordance with this Agreement, City and/or WAC shall have the option to terminate said Project. d. Written program reports shall be provided by WAC to City as mutually agreed to by the parties to this Agreement. 2. Award and Payment. City agrees to pay forty thousand and NO/100 Dollars ($40.000.00) on a fixed cost basis for expenses and ,other related costs incurred in conjunction with the Project. This cost, as shown by approximate category of expense in the attached Exhibit I which is attached hereto and is incorporated herein by reference, for information only, shall be payable upon receipt of invoices submitted to City by WAC. 3. Basic Term. This Agreement shall become effective September 1, 2013, and unless earlier terminated as hereinafter provided, shall expire June 30, 2015. 4. Publicity. WAC will not use the name of City or of any member of City Project staff, in any publicity, advertising, or news release without the prior written approval of City. City will not use the name of WAC nor any employee of WAC, in any publicity without the prior written approval of WAC. 5. Responsibility. The parties each agree to assume individual responsibility forthe actions and omissions of their respective employees, agents and assigns in conjunction with this Project. 6. Default and Termination. In the event that either party to this Agreement shall be in default of any of its material obligations hereunder and shall fail to remedy such default within thirty (30) days after receipt of written notice thereof, the party not in default shall have the option of terminating this Agreement by giving written notice thereof, notwithstanding anything to the contrary contained in this Agreement. Termination of this Agreement shall not affect the rights and obligations of the parties that accrued prior to the effective date of termination. 8. Entire Agreement. The parties acknowledge that this Agreement and the attached Exhibits hereto represent the sole and entire Agreement between the parties hereto pertaining to the Project and that such supersedes all prior Agreements, understandings, negotiations and discussions between the parties regarding the same, whether oral or written. There are no warranties, representations of other Agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, amendment, alteration, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the parties hereto. This Agreement supercedes any other document including Sponsor Purchase Order(s). 9. Notices. Any notices, statements, payments, or reports required by this Agreement shall be considered given if sent by United States Certified Mail, postage prepaid and addressed as follows: If to City: 10. Governing Law. This Agreement shall be governed and interpreted in accordance with the substantive laws of the State of Arkansas and with applicable laws of the United States of America. IN WITNESS WHEREOF, WAC and City entered into this Agreement effective as of the date first hereinabove written and have executed two (2) originals each of which are of equal dignity. Oka of off VIM GITV GFsnv9TTC\/11 I$ tl.✓li Ma en��p�R� nr Tpl ICTFFC , C Titl o CLi 11 Title: Date: Date: 22 NORTHWEST ARKANSAS DEMOCRATGAZEITE NORTHWEST ARKANSAS THE MORNINGNEWSFSPRINGDALE �SPAPERSLLC NE ERS THNORTH EST ARK OFRWERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EASTAVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607. 72702 1 479-442-17001 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5606 Was inserted in the Regular Editions on: August 29, 2013 Publication Charges: $ 142.97 1 Holly Andrews Subscribed and sworn to before me This 4 day of Sef+— , 2013. OA+'� Lod" Notary Public My Commission Expires: 7,2o,La1� S�mob°oN C,ATHYJ WILES Benton County 4 My Commission Expires 2meita`°` February 20,2014 x _ * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED SEP 12 2013 CITY CLERKS OFFICES