HomeMy WebLinkAbout190-15 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701 (479)
575-8323
Resolution: 190-15
File Number: 2015-0476
WALTON FAMILY FOUNDATION:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND GRATITUDE TO THE
WALTON FAMILY FOUNDATION FOR ITS GENEROUS $390,000.00 MATCHING GRANT FOR THE
CONSTRUCTION OF THE CLABBER CREEK TRAIL, TO APPROVE THE GRANT AGREEMENT AND
TO APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE THIS $390,000.00 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 $390,000.00 for the
construction of the Clabber Creek Trail which will connect the existing trail on Rupple Road to Holcomb
Elementary School; and
WHEREAS, this portion of the Clabber Creek Trail will include a 600 foot long boardwalk to cross over
designated wetland areas between Rupple Road and Salem Road and a trail bridge along Salem Road for
which the City has been awarded an $81,248.00 grant by the Safe Routes To Schools Program.
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 $390,000.00 matching grant for the construction of
the Clabber Creek 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 2. That the City Council of the City of Fayetteville, Arkansas hereby thanks the Safe Routes to
Schools Programs for its $81,248.00 grant and approves the attached budget adjustment.
Page 1 Printed on 10123115
PASSED and APPROVED on 10/20/2015
Attest:
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Resolution Number: 190-15
Sondra E. Smith, City Clerk Treasurer NXIIII I I r I itIII
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Page 2 Printed on 10/23/15
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
AL (479) 575-8323
t
Text File
File Number: 2015-0476
Agenda Date: 10/20/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 2
WALTON FAMILY FOUNDATION:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND GRATITUDE TO THE
WALTON FAMILY FOUNDATION FOR ITS GENEROUS $390,000.00 MATCHING GRANT FOR
THE CONSTRUCTION OF THE CLABBER CREEK TRAIL, TO APPROVE THE GRANT
AGREEMENT AND TO APPROVE A BUDGET ADJUSTMENT TO, RECOGNIZE THIS
$390,000.00 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 50150 grant in the amount of $390,000.00 for
the construction of the Clabber Creek Trail which will connect the existing trail on Rupple Road to
Holcomb Elementary School; and
WHEREAS, this portion of the Clabber Creek Trail will include a 600 foot long boardwalk to cross
over designated wetland areas between Rupple Road and Salem Road and a trail bridge along Salem
Road for which the City has been awarded an $81,248.00 grant by the Safe Routes To Schools Program.
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 $390,000.00 matching grant for the
construction of the Clabber Creek 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 2. That the City Council of the City of Fayetteville, Arkansas hereby thanks the Safe Routes To
Schools Programs for its $81,248.00 grant and approves the attached budget adjustment.
City of Fayetteville, Arkansas Page 1 Printed on 10/2312015
City of Fayetteville Staff Review Form
2015-0476
Legistar File ID
10/20/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich 9/30/2015 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of grant agreement #2015-225 with the Walton Family Foundation in the amount of
$390,000 and approval of a budget adjustment to recognize this revenue. The grant funds will be used for the
construction of the Clabber Creek Trail from Rupple Road to Holcomb Elementary School.
Budget Impact:
4470.9470.5814.05 Sales Tax Capital Improvements
Account Number
02016.1402
Fund
Trail Development
Clabber Creek Trail (Rupple to Holcomb)
Project Number Project Title
Budgeted Item? Yes
Current Budget
$ 390,200.00
Funds Obligated
$ 20,265.59
Current Balance
�$ 369,934.41
Does item have a cost? No
Item Cost
$ -
Budget Adjustment Attached? Yes
Budget Adjustment
$ 390,000.00
Remaining Budget
$ 759,934.41
V20140610
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
CITY OF
•
a �ttvtie
ARKANSAS
MEETING OF OCTOBER 20TH 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: September 30th, 2014
SUBJECT: 2015-0476 Walton Family Foundation Agreement - Clabber Creek Trail
RECOMMENDATION:
Staff recommends approval of grant agreement #2015-225 with the Walton Family Foundation
in the amount of $390,000 and approval of a budget adjustment to recognize this revenue. The
grant funds will be used for the construction of the Clabber Creek Trail from Rupple Road to
Holcomb Elementary School.
BACKGROUND:
The first section of the Clabber Creek Trail from Rupple Road to Hosta Drive was opened in
2007. This 3 mile section of trail has been heavily used by the surrounding residents who have
requested that the trail be extended. Approval of the Walton Family Foundation grant will allow
the in-house trail construction crew build the next phase of the Clabber Creek Trail from Rupple
Road to Holcomb School. The trail will connect to the existing trail on the west side of Rupple
Road and extend back east under the Rupple Road Bridge across Salem Road and along the
south side of Gary Hampton Softball Complex to connect to Holcomb Elementary School as
shown on the attached map. The trail will include a 600 foot long boardwalk to cross over
designated wetland areas between Rupple Road and Salem Roads.
DISCUSSION:
The Walton Family Foundation has been very supportive of the City of Fayetteville trail system
and their commitment continues with this extension of the highly requested Clabber Creek Trail.
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 2015. In addition, the City has been awarded $81,248 for the trail bridge along Salem road
through the Safe Routes to Schools Program.
Attachments:
Clabber Creek Trail Map
Walton Family Foundation Grant #2014-225 agreement
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The
WALTON FAMILY
P.C.i. Eic:x 2()3G Bntorlviilr. AR 7?7i? 2030
F O U N D A. T I O N
September 14, 2015
Lioneld Jordan
Mayor
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2015-225
Dear Mayor Jordan,
RECEIVED
SEP 1 8 2015
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
It is my pleasure to inform you that The Walton Family Foundation, Inc. ("Foundation") has approved
an 18 -month grant in the amount of up to $390,000.00 to the City of Fayetteville ("Grantee"). This
grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is to construct a .67 -mile extension of the Clabber Creek Trail
from Rupple Road to Holcomb Elementary School, completing an important section of the "West
Fayetteville Loop." This grant is more fully described in Grantee's proposal dated February 3, 2015.
Grantee agrees to use all grant fiends 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 Three Hundred Ninety Thousand Dollars ($390,000.00).
Grant payments will be made as follows:
Installment
Amount
Date
#1
$195,000.00
Upon completion of a signed grant agreement
payments will be eligible for reimbursement
per terms listed in ara ra h three.
#2
$195,000.00
To be paid by 12/31/2016 per terms listed in
paragraph three
3. Payable: Upon receipt of a copy of this letter from Grantee acknowledging the terms and
conditions set forth herein grantee will be eligible to receive payments. The first payment in the
amount of up to 25% of the cost of construction, as reflected in grantee's proposal dated February, 3
2015 is eligible for payment upon receipt of the following evidence:
• Documentation that all rights of way and/or easements have been fully acquired
• Documentation showing that all required permits have been fully acquired
• A signed letter from the Mayor committing a minimum of $390,000 to be used for the
construction.
The second payment will occur upon receipt of satisfactory evidence showing that at least 50% of
project has been completed. A WFF consultant will inspect the work completed for adherence to
design standards as well as original budget and, upon approval, WFF will pay the remaining funding
P. 4 7 9 4 6 4 1 5 17 0 1 F, 4 7 9, 4 6 4. 1 5 8 0 1 w w w w a I t o n f a m fl y f o u n d o t i o n. o r g
required to complete project not to exceed 50% of the cost of construction, up to $390,000.00. All
payment requests must be received by no later than December 31, 2016 to be eligible for payment.
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
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
2/28/2016
Financial & Narrative
12/31/2016
Final report
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 #2015-
225 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
2
(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.
(d) Grantee does not support, directly or indirectly, terrorist activities or violence of any
kind, and takes reasonable steps to ensure that (i) Grantee's board, staff and volunteers have no
dealings with, and do not support, terrorist activities or violence of any kind, and (ii) grant funds will
not ultimately be used to support terrorist activities or violence of any kind.
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:
(a) Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a) above;
(b) Grantee fails to comply with the terms of this letter; or
(c) 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
3
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@wffinail.com. Please reference Grant #2015-225 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 October 15, 2015,
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.
Sind ly,
uddy D. Philpot
Executive Director
ACKNOWL)GED AND AGREED
4
Appendix A: City of Fayetteville
Clabber Creek Trail
Who is doing what?
By When?
Measured By?
Goal: To complete the section of Clabber Creek Trail from Rupple Road to Holcomb Elementary
School.
Outputs
The City will commit to manage and maintain this
By January 31,
A signed letter by the
section of trail to the same standards as the
2016
Mayor.
Razorback Regional Greenway.
The City of Fayetteville will design and construct
approximately 3,531 linear feet, or 0.67 miles of
12 -foot -wide concrete shared use paved trail and
boardwalk. This trail will be a minimum of 12-
The completed trail will
foot -wide wide concrete and will be built to
be measured by the
uniform design and construction standards per
December 31, 2016
length of shared use
design guidelines outlined in the "Trail Design
paved trail, boardwalk
Resource Notebook" developed by ALTA
and bridge installed.
Planning and utilized for the Razorback Regional
Greenway as evidenced by inspection of WFF
consultant.
Outcomes
The City will successfully acquire all required
December 31, 2015
Program records
permits (FEMA, Corps...).
The City will successfully acquire all rights of
way, easements and or property required for
January 31, 2016
Program records
proposed trail corridor.
Legend
Existing Clabber Creek Trail
Clabber Creek Trail Extension
........ Future Trails
Elementary
School
'
Crystal Springs
ry
°°°uneva%en Balsam n°°°N
Proposed Clabber Creek
Trail Extension
3/4 Miles Long
F
0
N Clabber Creek Trail Extension
WE E 0 125 250 500 750 1,000Ta'y4V�eFeetS 3/4 Miles LongAS
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Transportation Services Adjustment Number
2015 Dept.: Transportation Services
Requestor: Ginny Gundlach
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
The Walton Family Foundation approved the City's application for a grant (#2015-225) in the amount of $390,000 for
the construction of the Clabber Creek Trail from Rupple Road to Holcomb Elementary School.
This grant requires a 50:50 match and the City's portion has been budgeted in the Trail Development capital project.
COUNCIL DATE:
LEGISTAR FILE ID#:
10/20/2015
2015-0476
Ba rba.Ycv 1e11,
10/5/2015 10:47 AM
Budget Director Date
TYPE:
DESCRIPTION:
I GLDATE:
RESOLUTION/ORDINANCE POSTED: /
TOTAL 390,000 390,000 v.20150925
Increase / (Decrease) Proiecf.Sub#
Account Number Expense Revenue Project Sub AT Account Name
4470.9470.5814.05 390,000 - 02016 1402 EX Trails
4470.0947.4305.00 - 390,000 02016 1402 RE Commercial Grants
C:\Users\dmccoy\AppData\Roaming\L5\Temp\a31 f3b3b-4c29-43do-a764-580aa0eee8ba 1 of 1
Bell, Peggy
From: mmihalevich@fayetteville-ar.gov
Sent: Wednesday, September 30, 2015 4:11 PM
To: Legistar FYI Group
Subject: Legistar- Approval Tracking - FYI Notification
This email notice is For Informational Purposes Only.
A proposed Resolution, 2015-0455 has been submitted by Matt Mihalevich and is available for your review. The
expected introduction date is 10/20/2015. The description is as follows:
"Approval of grant agreement #2015-225 with the Walton Family Foundation in the amount of $390,000 and approval of
a budget adjustment to recognize this revenue. The grant funds will be used for the construction of the Clabber Creek
Trail from Rupple Road to Holcomb Elementary School.
Please check the item in Legistar for details. You can locate the item by searching for the File ID in the Files section of
Legistar.
If you have any questions or need Legistar support, please contact:
Sondra Smith or Lisa Branson at extension 8323 ssmith@fayetteville-ar.gov
"i'0 50 3 LBii' 1:08290013721: L 5 24 3 700i''
The
WALTON FAMILY
1 P.O. Box 2030 I Bentonville AR 72712-2030
F O U N D A T I O N
December 10, 2015
Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2015-225
Dear Mayor Jordan,
RECEIVED
DEC 14 2015
h
CITY OF FAYETTEVILLE N
MAYOR'S OFFICE lM
N
I am pleased to enclose a grant from The Walton Family Foundation, Inc. ("Foundation") in the
amount of $195,000.00 to City of Fayetteville ("Grantee") to construct a .67 -mile extension of the
Clabber Creek Trail from Rupple Road to Holcomb Elementary School, completing an important
section of the "West Fayetteville Loop." This grant is pursuant to our grant agreement dated
September 14, 2015.
The Foundation desires that all of the Grantee's resources be dedicated to accomplishing
Grantee's philanthropic purposes. Therefore, Grantee agrees that it will not furnish the
Foundation, any of its Board of Directors, staff, or affiliates with any membership,
commemorative items, recognition plaques or gratuities of any sort.
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. Publicizing the grant and the
Foundation in Grantee's publications and communications in a manner consistent with similar
grants obtained by Grantee is permitted.
For all communications regarding this grant, please contact the Foundation by email at
HomeRegion@wffmail.com. Please reference Grant #2015-225 in your communication.
Sincerely,
4uddy . Philpot
Executive Director
Enclosure
P.479.464. 1 570 I F.479.464. 1 580 1 www.waItonfamiIyfoundation.org