HomeMy WebLinkAbout133-14 RESOLUTIONRESOLUTION NO. 133-14
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND
GRATITUDE TO THE WALTON FAMILY FOUNDATION FOR ITS
GENEROUS $815,000.00 MATCHING GRANT FOR THE COMPLETION OF
TOWN BRANCH AND TSA -LA -GI TRAILS, TO APPROVE THE GRANT
AGREEMENT AND TO APPROVE A BUDGET ADJUSTMENT TO
RECOGNIZE THIS $815,000.00 GRANT
WHEREAS, the Walton Family Foundation has proven to be a strong supporter of
Fayetteville's trail systems including the Mount Kessler acquisition; and
WHEREAS, the Walton Family Foundation has offered a 50/50 grant in the amount of
$815,000.00 for the completion of the Town Branch and Tsa-La-Gi Trails which will provide the
basis for further expansion of our trail system to our Regional Park.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby thanks and
expresses its gratitude to the Walton Family Foundation for its generous $815,000.00 matching
grant for the completion of Town Branch and Tsa-La-Gi Trails, approves the attached Grant
Agreement, authorizes Mayor Jordan to sign this Grant Agreement and agrees to match the grant
using the Trail Development Capital Improvement Program.
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached budget adjustment.
PASSED and APPROVED this 15th day of July, 2014.
APPROVE I . ATTEST:
LIONE i DAN, ayor
By: 1^ `' e. 414.4
SONDRA E. SMITH, City Clerl runsurqi
City of Fayetteville Staff Review Form
2014-0276
Legistar File ID
7/15/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich
Submitted By
6/23/2014
Submitted Date
Engineering /
Development Services Department
Action Recommendation:
Division / Department
Staff recommends approval of grant agreement #2014-731 with the Walton Family Foundation in the amount of
$815,000 and approval of a budget adjustment to recognize revenue. The grant funds will be used for the
construction of three sections of the Town Branch Trail from Walker Park west to Interstate 49.
Budget Impact:
4470.9470.5814.05
Account Number
02016
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? Yes
Sales Tax Cap Imp
Fund
Trail Development
Project Title
Current Budget $
Funds Obligated $
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
3,625,008.00
1,952,546.00
$ 1,672,462.00
$
815,000.00
$ 2,487,462.00
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval D.te:
V20140610
thtek kez/
V.,4014,
CITY OF
ay'F�iile
MEETING OF JULY 15T", 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: June 26th, 2014
SUBJECT: Walton Family Foundation Grant Acceptance — Town Branch Trail
RECOMMENDATION:
Staff recommends approval of grant agreement #2014-731 with the Walton Family Foundation
in the amount of $815,000 and approval of a budget adjustment to recognize this revenue. The
grant funds will be used for the construction of three sections of the Town Branch Trail from
Walker Park west to Interstate 49.
BACKGROUND:
The development of the Regional Park and acquisition of the Mt Kessler property has spurred
an interest for completing a series of planned trails in south Fayetteville that would connect the
Regional Park and Mt. Kessler properties to the Razorback Regional Greenway. On April 121h,
2014 the extension of the Frisco Trail from MLK Boulevard southward to Walker Park opened to
the public allowing increased connectivity to the southern areas of Fayetteville. With this critical
connection complete, the Fayetteville Alternative Transportation and Trails (FATT) Master Plan
envisions a series of three trails extending to the south; the Tsa-La-Gi Trail located parallel to
MLK Blvd, which is 80% completed, the Town Branch Trail that is located south of 15th Street
and is partially completed and the Cato Springs Trail which follows the Cato Springs Branch and
will pass over the Fulbright Expressway and under 1-49 along Razorback Road. With this grant
award, the City of Fayetteville will complete the Tsa-La-Gi and Town Branch Trails identified as
Project 1 and divided into phases A, B and C on the attached map. The 5 year trails work plan
includes these three trail connections to be designed and constructed in-house by the City's
Engineering and Transportation Divisions.
DISCUSSION:
The completion of the Town Branch and Tsa-La-Gi Trails will provide the basis for the further
expansion of the trail system to the Regional Park and Mt. Kessler preserve through the future
construction of the Cato Springs and Shiloh Trails. The south Fayetteville trail network, once
completed, will connect the entire Northwest Arkansas region to the open space amenities
provided by the Mt. Kessler preserve and Regional Park via the Razorback Regional Greenway.
The qualitative benefits of this extensive active transportation network will advance regional
sustainability through reductions in vehicle miles travelled, increased opportunities for
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
community health and wellness benefits and through the exposure that people will have to the
adjacent natural systems replete with flora and fauna.
BUDGET/STAFF IMPACT:
The Walton Family Foundation Grant is a 50:50 matching grant program. The City portion of
the matching funds are available through the Trail Development Capital Improvement Program
for 2014 and 2015. The $815,000 in grant funding will be divided into the three trail project
phases as described below and shown on the attached map:
Project A — Walker Park to 71B $325,000 (2014)
Project B — Greathouse Park to Razorback Road $230,000 (2015)
Project C - Beechwood to Hollywood Streets $260,000 (2015)
$ 815,000
Attachments:
Walton Family Foundation Grant #2014-731 agreement
Map - Regional Park/Kessler Reserve Connection Trails
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RESOLUTION NO.
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND
GRATITUDE TO THE WALTON FAMILY FOUNDATION FOR ITS
GENEROUS $815,000.00 MATCHING GRANT FOR THE COMPLETION OF
TOWN BRANCH AND TSA -LA -GI TRAILS, TO APPROVE THE GRANT
AGREEMENT AND TO APPROVE A BUDGET ADJUSTMENT TO
RECOGNIZE THIS $815,000.00 GRANT
WHEREAS, the Walton Family Foundation has proven to be a strong supporter of
Fayetteville's trail systems including the Mount Kessler acquisition; and
WHEREAS, the Walton Family Foundation has offered a 50/50 grant in the amount of
$815,000.00 for the completion of the Town Branch and Tsa-La-Gi Trails which will provide the
basis for further expansion of our trail system to our Regional Park.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby thanks and
expresses its gratitude to the Walton Family Foundation for its generous $815,000.00 matching
grant for the completion of Town Branch and Tsa-La-Gi Trails, approves the attached Grant
Agreement, authorizes Mayor Jordan to sign this Grant Agreement and agrees to match the grant
using the Trail Development Capital Improvement Program.
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached budget adjustment.
PASSED and APPROVED this 15th day of July, 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year
2014
Division: Development Services
Dept.: Development Services
Requestor: Matt Mihalevich
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
The Walton Family Foundation approved the City's application for a grant in the amount of $815,000 for the
construction of the Town Branch Trail to be divided into three funding phases. This grant requires a 50:50 match with
the City portion available through the Trail Development Capital Improvement Program for budget years 2014 and
2015.
(;rant 117r11d-7R1
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
7/15/2014
2017-276
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
/
TOTAL
815,000 815,000
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub AT Account Name
v.20140619
4470.0947.4305.00 325,000 02016 1302 RE Commercial Grants
4470.0947.4305.00 230,000 02016 1403 RE Commercial Grants
4470.0947.4305.00 260,000 02016 1404 RE Commercial Grants
4470.9470.5814.05 325,000 - 02016 1302 EX Trails
4470.9470.5814.05 230,000 02016 1403 EX Trails
4470.9470.5814.05 260,000 02016 1404 EX Trails
K:\Trails\Trail Program Planning & Schedules\Grant Funding\Walton Family Foundation\Town Branch - Tsa La Gi Loop\City
Council \BA_BUDGET_ADJUSTMENT_ FORM_LEGISTAR_2014-731
1 of 1
The
WALTON FAMILY
FOUNDATION
June 3, 2014
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2014-731
Dear Mayor Jordan,
P.O. Box 2030 Bentonville AR 72712-2030
RECEIVED
JUN 6 2014
CITY OF FAYETTEVILLE
MAYORS OFFICE
It is my pleasure to inform you that The Walton Family Foundation, Inc. ("WFF" - the "Foundation")
has approved a grant in the amount of up to $815,000.00 to the City of Fayetteville (the "Grantee").
This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is to provide funding to complete the Tsa-La-Gi and Town
Branch Trails. The successful completion of these two trails will create a key East-West Loop at the
southern terminus of the Razorback Regional Greenway. This grant is more fully described in Grantee's
proposal dated April 22, 2014. Grantee agrees to use all grant funds exclusively for the grant's purposes.
Any changes in these purposes must be authorized in advance by the Foundation in writing.
2. Amount: Up to Eight Hundred Fifteen Thousand Dollars ($815,000.00).
3. Payable: Upon receipt of a copy of this letter acknowledging the terms and conditions set forth
herein, payments in the amount of up to $815,000 shall be eligible for payment on a drawdown basis
no more frequently than monthly. With each payment request, the City will submit a report outlining
work completed and expenses incurred to date, as well as all paid invoices. A WFF consultant will
inspect work completed for adherence to design standards as well as original budget and, upon
approval, WFF will reimburse no more than 50% of paid invoices and eligible expenses, not to exceed
50% of the cost of construction, up to $815,000. All payment requests must be received no later than
December 1, 2015 to be eligible for payment.
All payments shall be contingent upon the Foundation's approval of the Grantee's activities of the
grant as evidenced by the reports described in paragraph 5) below and other information the
Foundation may gather.
4. Accounting: (a) The Foundation encourages, whenever feasible, the deposit of grant funds
in an interest-bearing account. For purposes of this letter, the term "grant funds" includes the grant and
any income earned thereon.
(b) Grantee will maintain records of receipts and expenditures made in connection with the
grant funds and will keep these records during the period covered by the Grantee's reporting
obligations specified in paragraph 5 and for at least four years thereafter ("Maintenance Period").
Grantee will make its books and records in connection with the grant funds available for inspection by
P_479.464.1 570 F.479.464. 1 580 www.waltonfamilyfoundation.org
the Foundation during normal business hours as the Foundation may request at any time during the
Maintenance Period.
5. Reporting and Evaluation: Grantee will provide the Foundation with financial and narrative
reports by the due dates listed in the report schedule below. Each report shall include an account of
expenditures of grant funds, and a brief narrative of what was accomplished (including a description of
progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with
the terms of the grant).
Report Date
Report Type
12/15/2014
Financial & Narrative
6/30/2015
Financial & Narrative
12/31/2015
Final report - end of grant
Success will be measured against the outputs and outcomes described in Appendix A.
All reports will be sent electronically to HomeRegion@wffinail.com. Please reference Grant #2014-
731 on all reports submitted.
Grantee payments are always contingent upon the Foundation's approval of Grantee's operations based
on the above reports and the Foundation's satisfaction with such information as it chooses to obtain
from other sources.
6. Representations: Grantee represents and warrants to the Foundation that:
(a) Grantee is an organization in good standing, is either an organization described in
section 501(c) (3) of the Internal Revenue Code ("Code") or a governmental unit, and is not a "private
foundation" described in section 509(a) of the Code. Grantee will promptly notify the Foundation of
any change in Grantee's tax status under the Code.
(b) In no event will Grantee use any grant funds:
(i) to carry on propaganda, or otherwise to attempt, to influence legislation;
(ii) to influence the outcome of any specific public election or to carry on, directly
or indirectly, any voter registration drive; or
(iii) to undertake any activity other than for a charitable, educational or other exempt
purpose specified in section 170(c)(2)(B) of the Code.
(c) Grantee will comply with all applicable laws and regulations.
7. Repayment: Grantee agrees to repay to the Foundation any portion of the grant funds not
used for the grant's purposes. In addition, the Foundation may discontinue any further payments to
Grantee, and may direct Grantee to repay any unexpended grant funds to the Foundation, if any of the
following events occurs:
2
above;
(i)
Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a)
(ii) Grantee fails to comply with the terms of this letter; or
(iii) There is a material change in Grantee's key personnel that in the sole opinion of
the Foundation adversely affects Grantee's management of the grant.
8. Release and Indemnity: Unless prohibited by law, Grantee shall release, indemnify, defend
and hold harmless the Foundation and its directors, officers, employees and agents from and against
any and all claims, actions, suits, demands, damages, losses, expenses and liabilities, arising out of or
related in any way to the actions or omissions of Grantee (or its directors, officers, employees, agents
or contractors) in connection with the Grant and the project funded by the Grant, except to the extent
caused by the Foundation's (or its directors', officers', employees' or agents') negligent actions or
omissions. Grantee further agrees to carry insurance in such forms and amounts as are commercially
reasonable and appropriate to cover Grantee's operations and to enable Grantee to indemnify and
defend the Foundation as provided hereunder.
9. Grant Publicity: Grant publicity related to this grant consistent with Grantee's normal
practice is permitted, subject to the following provisions. The Foundation expects any announcements
and other publicity to focus on Grantee's work and the project or issue funded by the
grant. Recognition of the Foundation's role in funding the project is permitted, provided that the
timing, content and strategic focus of such publicity should be approved by the Foundation contact
listed in paragraph 11. Publicizing the grant and the Foundation in Grantee's publications and
communications in a manner consistent with similar grants obtained by Grantee is permitted.
The Foundation may ask Grantee to provide illustrations, photographs, videos, recordings, information
or other materials related to the grant (collectively "Grant Work Product") for use in Foundation
communications including the Foundation's website, annual report, newsletters, board materials,
presentations, communications and other publications. Grantee agrees to provide the Foundation with
such items upon the Foundation's reasonable request and hereby grants to the Foundation and anyone
acting under the authority of the Foundation a fully paid-up, world-wide, right and license to use,
reproduce, display and distribute the Grant Work Product in connection with the Foundation's
charitable operations and activities. In connection therewith, Grantee shall be responsible for obtaining
all necessary rights and permissions from third parties for the Foundation to use the Grant Work
Product for these purposes. By signing this Agreement, Grantee also acknowledges and agrees to use
by the Foundation of historical, programmatic and other information relating to Grantee and the grant
hereunder.
10. Gratuities: The Foundation desires that all of Grantee's resources be dedicated to
accomplishing its philanthropic purposes. Therefore, Grantee agrees that it will not furnish the
Foundation or its Board of Directors, officers, staff or affiliates with any type of benefit related to this
grant including tickets, tables, memberships, commemorative items, recognition items, or any other
benefit or gratuity of any kind.
11. Contact: For all communications regarding this grant, please contact the Foundation by email
at HomeRegion@wffmail.com. Please reference Grant #2014-731 in your communication.
3
We have enclosed two original grant letters. Please sign one copy as Grantee's acknowledgment of the
terms and conditions herein stated and return it to me in the enclosed self-addressed envelope. If the
signed acknowledgment of this letter is not received in the Foundation's office by June 30, 2014, the
Foundation will consider the Grantee to have declined the grant.
On behalf of the Foundation, I extend every good wish for the success of your organization's
endeavors.
Sincerely,
rft dy D. Philpot
Executive Director
ACKNOW3DGED A
4
13
AGREED
Lioneld J
City q
etteville
[5-14
(Date)
4
Appendix A: City of Fayetteville
Town Branch/Tsa-La-Gi Loop Trail
Output Performance Measures:
• The City will successfully acquire all rights-of-way or easements needed to complete this trail by
November 2015.
• The City will complete construction of a minimum of 10,975 linear feet of 12' wide concrete trail
by December 2015. This trail will be a minimum of 12' wide concrete and will be built to
uniform design and construction standards per design guidelines outlined in the "Trail Design
Resource Notebook" developed by ALTA Planning and utilized for the Razorback Regional
Greenway as evidenced by inspection of WFF consultant.
Outcome Performance Measures:
• By January 2016, the City will commit to manage and maintain this section of trail to the same
standards as the Razorback Regional Greenway as evidenced by a signed letter by the Mayor.
5