HomeMy WebLinkAbout134-14 RESOLUTIONRESOLUTION NO. 134-14
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND
GRATITUDE TO THE WALTON FAMILY FOUNDATION FOR ITS
GENEROUS $150,000.00 MATCHING GRANT FOR THE DESIGN AND
ENGINEERING OF THE CATO SPRINGS TRAIL, TO APPROVE THE
GRANT AGREEMENT AND TO APPROVE A BUDGET ADJUSTMENT TO
RECOGNIZE THIS $150,000.00 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
$150,000.00 for the design and engineering of the Cato Springs Trail which will provide the
access for our trail system to our Regional Park and Mount Kessler.
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 $150,000.00 matching
grant for the design and engineering of the Cato Springs Trail, 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:
NELD OR 1 N, ayor
City of Fayetteville Staff Review Form
2014-0277
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 #2014-734 with the Walton Family Foundation in the amount of
$150,000 and approval of a budget adjustment to recognize revenue. The grant funds will be used for the design
and engineering of the Cato Springs Trail from Greathouse Park to the Fayetteville Regional Park and Mt. Kessler
Preserve.
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
3,625,008.00
1,952,546.00
$ 1,672,462.00
Item Cost $
Budget Adjustment $
Remaining Budget
150,000.00
$ 1,822,462.00
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
LedA /2 y
G4-41/
V20140610
Approval Date:
CITY OF
ye
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 — Cato Springs Trail Design
RECOMMENDATION:
Staff recommends approval of grant agreement #2014-734 with the Walton Family Foundation
in the amount of $150,000 and approval of a budget adjustment to recognize this revenue. The
grant funds will be used for the design and engineering of the Cato Springs Trail from
Greathouse Park to the Fayetteville Regional Park and Mt. Kessler Preserve.
BACKGROUND:
The City of Fayetteville is undertaking an aggressive trail building campaign in southern
Fayetteville over the next 5 years. The Frisco Trail extension south from MLK Boulevard across
S. School St. and into Walker Park was opened to the public on April, 12th 2014. 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.
DISCUSSION:
The Walton Family Foundation grant funding will matched 50:50 with City funds and utilized to
hire an engineering consultant to perform the complete design and permitting for the Cato
Springs Trail project. The Cato Springs Trail will go south along the Cato Springs Branch and
portions of Razorback Road across the Fulbright Expressway and 1-49 to the Fayetteville
Regional Park and the Mt. Kessler Preserve. This Trail will be designed as a 12 foot wide
concrete multi -use trail with pedestrian lighting. In addition, the trail will include a bridge across
the Cato Springs Branch and a bridge over the Fulbright Expressway that will require
considerable design and permit approval from the Arkansas State Highway and Transportation
Department. Preliminary estimates establish its length at 10,836 linear feet or slightly over 2
miles. The City estimates that the design and permitting phase will take 18 months, from July of
2014 until January of 2016. This trail project will then be bid and constructed by a private
contractor while the City's in-house trail construction crews continues work on other trail
connections.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
BUDGET/STAFF IMPACT:
The Walton Family Foundation Grant is a 50:50 matching grant program. The $150,000 in grant
funding will be matched with $150,000 in City funds for a total design budget of $300,000. The
City portion of the matching funds are available through the Trail Development Capital
Improvement Program for 2014.
Attachments:
Walton Family Foundation Grant #2014-734 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 $150,000.00 MATCHING GRANT FOR THE DESIGN AND
ENGINEERING OF THE CATO SPRINGS TRAIL, TO APPROVE THE
GRANT AGREEMENT AND TO APPROVE A BUDGET ADJUSTMENT TO
RECOGNIZE THIS $150,000.00 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
$150,000.00 for the design and engineering of the Cato Springs Trail which will provide the
access for our trail system to our Regional Park and Mount Kessler.
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 $150,000.00 matching
grant for the design and engineering of the Cato Springs Trail, 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 $150,000 for the design and
engineering of the Cato Springs Trail. This grant requires a 50:50 match with the City portion available through the Trail
Development Capital Improvement Program for budget year 2014.
Grant #2014-734
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
7/15/2014
2017-0277
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED: /
TOTAL
150,000 150,000
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub AT Account Name
v.20140619
4470.0947.4305.00 150,000 02016 1405 RE Commercial Grants
4470.9470.5814.05 150,000 - 02016 1405 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_2014-734
1 of 1
The
WALTON FAMILY
P.O. Box 2030 Bentonville
FOUNDATION
June 11, 2014
Lioneld Jordan
Mayor
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2014-734
Dear Mayor Jordan,
AR 72712 2030
It is my pleasure to inform you that The Walton Family Foundation, Inc. (the "Foundation") has
approved a grant in the amount of up to $150,000.00 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 support the design phase of the planned Cato Springs Trail
project. The Cato Springs Trail will go south along the Cato Springs Branch and portions of Razorback
Road across the Fulbright Expressway and I-49 to the Fayetteville Regional Park and the Mt. Kessler
Preserve. This Trail will be designed as a 12 -foot wide concrete multi -use trail with pedestrian lighting.
This trail will include a bridge across the Cato Springs Branch and a bridge over the Fulbright Expressway.
This grant is more fully described in Grantee's proposal dated April 24, 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 One Hundred Fifty Thousand Dollars ($150,000.00).
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 $150,000.00 shall be eligible for payment on a
drawdown basis no more frequently than quarterly. With each payment request, the City will submit a
report outlining work completed as well as all paid invoices to date. A WFF consultant will inspect the
work completed for adherence to design standards as well as original budget and, upon approval, WFF
will reimburse no more than 50% of eligible paid invoices and expenses, not to exceed 50% of the cost
of construction, up to $150,000.00. All payment requests must be received by no later than August 15,
2016 to be eligible for payment.
Further installments 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.
P.479.464.1570
1
F.479.464. 1 580 1 www.waltonfamilyfoundation.org
(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
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
12/15/2015
Financial & Narrative
8/15/2016
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@wffmail.com. Please reference Grant #2014-
734 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.
2
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:
(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.
above;
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.
3
11. Contact: For all communications regarding this grant, please contact the Foundation by email
at HomeRegion@wffmail.com. Please reference Grant #2014-734 in your communication.
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.
Sincere!
uddy D. Philpot
Executive Director
ACKNOW/R GED ANIS AGREED
ioneld •rd. (Dc to
City of •etteville
4
Appendix A: City of Fayetteville
Cato Springs Trail - Design, engineering & permitting
Who is doing what?
By When?
Measured By?
Goal: Develop construction -ready design and engineering documents for the Cato Springs
Trail in Fayetteville, AR.
Outputs
City of Fayetteville will sign a
contract with a qualified and
experienced design and engineering
firm.
July 31, 2014
Signed contract
The design firm will conduct all
required public input sessions.
December 31, 2015
Program records
The design firm will develop a set
of construction -ready design and
engineering documents for the Cato
Springs Trail in Fayetteville,
Arkansas that adheres to uniform
design and construction standards,
per state and federal requirements,
as well as design guidelines
outlined in the "trail design resource
notebook" developed by ALTA
Planning and utilized for the
Razorback Regional Greenway.
May 31, 2016
As reviewed by WFF consultant
Outcomes
The design firm will obtain all
AHTD approvals for proposed
design and route.
July 31, 2016
Signed AHTD approval
document
5