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
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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