HomeMy WebLinkAbout76-16 RESOLUTION113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Resolution: 76-16
File Number: 2016-0149
WALTON FAMILY FOUNDATION AGREEMENT CATO SPRINGS TRAIL:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND GRATITUDE TO THE
WALTON ,FAMILY FOUNDATION FOR ITS GENEROUS $2,000,000.00 MATCHING GRANT FOR THE
CONSTRUCTION OF THE CATO SPRINGS TRAIL FROM THE TOWN BRANCH TRAIL TO THE
REGIONAL PARK, TO APPROVE THE GRANT AGREEMENT AND TO APPROVE A BUDGET
ADJUSTMENT TO RECOGNIZE THIS $2,000,000.00 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 as offered a 50150 grant in the amount of $2,000,000.00 for the
construction of the Cato Springs Trail which will connect the City's existing trail system to the new 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 than and expresses its gratitude to
the Walton Family Foundation for its generous 2,000,000.00 matching grant for the construction of the Cato
Springs Trail from the Town Branch Trail to the Regional Park, 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 approves the budget adjustment
attached to this Resolution.
Page 1 Printed on 416116
File Number: 2016-0149
Resolution: 76-16
PASSED and APPROVED on 4/5/2016
Attest:
Page 2
Sondra E. Smith, City Cleric
Treasureru.rE.rss
=': FAYETfEVILLE:
=z; ,.
s v .�
Printed on 416116
City of Fayetteville, Arkansas 113 West Mountain Street
j Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0149
Agenda Date: 4/5/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 2
WALTON FAMILY FOUNDATION AGREEMENT - CATO SPRINGS TRAIL:
A RESOLUTION TO EXPRESS THE CITY COUNCIL'S THANKS AND GRATITUDE TO THE
WALTON FAMILY FOUNDATION FOR ITS GENEROUS $2,000,000.00 MATCHING GRANT
FOR THE CONSTRUCTION OF THE CATO SPRINGS TRAIL FROM THE TOWN BRANCH
TRAIL TO THE REGIONAL PARK, TO APPROVE THE GRANT AGREEMENT AND TO
APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE THIS $2,000,000.00 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 $2,000,000.00
for the construction of the Cato Springs Trail which will connect the City's existing trail system to the
new 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 $2,000,000.00 matching grant for the
construction of the Cato Springs Trail from the Town Branch Trail to the Regional Park, 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 approves the budget
adjustment attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 41612016
City of Fayetteville Staff Review Form
2015-0149
Legistar File ID
4/5/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich 3/17/2016 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of grant agreement #2015-1250 with the Walton Family Foundation in the amount of
$2,000,000 and approval of a budget adjustment to recognize this revenue. The grant funds will be used for the
construction of the Cato Springs Trail from the Town Branch Trail to the Regional Park.
Budget Impact:
4470.9470.5814.05
Sales Tax Capital Improvements
Account Number
Fund
Trail Development
02016.1405
Cato Springs Trail
Project Number
Project Title
Budgeted Item? Yes
Current Budget $ 3,694,698.00
Funds Obligated $ 900,844.97
Current Balance $ 2,793,853,03
Does item have a cost? No
Item Cost
Budget Adjustment Attached? Yes
Budget Adjustment $ 2,000,000.00
Remaining Budget 4,1. �; u:3.03
V20140610
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
'ttv!1e
ARKANSAS
MEETING OF APRIL 5TH, 2016
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: March 18th, 2016
SUBJECT: 2016-0149 Walton Family Foundation Agreement - Cato Springs Trail
RECOMMENDATION:
Staff recommends approval of grant agreement #2015-1250 with the Walton Family Foundation
in the amount of $2,000,000 and approval of a budget adjustment to recognize this revenue.
The grant funds will be used for the construction of the Cato Springs Trail from the Town Branch
Trail to the Regional Park.
BACKGROUND:
The proposed Cato Springs Trail will extend approximately 2.7 miles south from the Town
Branch Trail starting Greathouse Park and continuing southwest along the Cato Springs Branch
to the Fayetteville Regional Park and Kessler Mountain. The trail has been designed as a 12
foot wide concrete shared -use paved trail with pedestrian lighting. This trail will also include a
bridge across the Cato Springs Branch, a bridge over the Fulbright Expressway and a tunnel
under Razorback Road. All aspects of the trail design and construction will meet the standards
of the Razorback Regional Greenway.
The Fayetteville Regional Park and Kessler Mountain will soon be a major recreational
destination. As soon as the property acquisition took place, the community began requesting a
safe alternative transportation route to the new park. The Walton Family Foundation also
expressed interested in the trail connection. In June of 2014, the City was graciously awarded a
matching grant from the Walton Family Foundation for the design and engineering of the Cato
Springs Trail. Garver, LLC was selected to perform the design. To date, Garver is finalizing the
90% design drawings and are working to obtain the necessary permits.
With design nearing completion, the City applied for an additional grant from the Walton Family
Foundation for the construction phase of the Cato Springs Trail. On March 7th, 2016, the City
was awarded the matching grant of 2,000,000 and the award letter is attached. The City in-
house trail construction crew plans to start work soon on approximately 1.7 miles of the project
and the remaining approximately 1 mile of trail including the bridges and tunnel is planned to be
constructed by a private contractor. Bids will be solicited and submitted to the City Council for
approval in estimated in mid -2016.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
The completion of the Cato Springs Trail will extend the Razorback Regional Greenway to the
Fayetteville Regional Park and the Kessler Mountain and provide an active transportation route
for all the residents of Northwest Arkansas to visit and enjoy the cultural and recreation
amenities and beautiful natural areas in Fayetteville.
DISCUSSION:
The Walton Family Foundation continues to be very supportive of the City of Fayetteville trail
system and they are pleased to work together on this extension of the Razorback Regional
Greenway to the new Regional Park and Kessler Mountain.
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 2016 and includes the labor cost for the in-house construction crew.
Attachments:
Clabber Creek Trail Map
Walton Family Foundation Grant #2014-1250 agreement
Budget Adjustment
4
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DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949C0FD
fhr
\A/A LTC) N FA M I LY
'_ E) Ii N I) A I 1 ()
March 7, 2016
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2015-1250
Dear Mayor Jordan,
P.O. Box 20.0 l erifonvilie, AR 72712-2030
4.79.464.1 770.0 phone 1 479.464.1580 tax
www.waliorl<orl-iilyfouridctiori.org
It is my pleasure to inform you that The Walton Family Foundation, Inc. ("Foundation") has approved a
17 -month grant of up to $2,000,000.00 to the City of Fayetteville ("Grantee"). The project term will be
March 1, 2016 to July 1, 2017. This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is to be used for the construction of the "Cato Springs Trail" in
the southwest part of Fayetteville. The proposed Cato Springs Trail will extend approximately 2.4 miles
south from the Town Branch Trail to the Fayetteville Regional Park and Kessler Mountain. This trail has
been designed as a 12 -foot -wide concrete multi -use trail with pedestrian lighting. This grant is more fully
described in Grantee's proposal dated September 23, 2015. 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 Two Million Dollars ($2,000,000.00).
Grant payments will be made as follows:
'Installment] Amount
#1 ] Up to $1,000,000.00
#2 Up to $1000000.00
Date
12/1/2016
1/15/2017
3. Payable: The Foundation will make payments and match revenue collected by Grantee
according to the conditions outlined below:
Installment One (December 1, 2016): up to $1,000,000 shall be payable upon receipt of a copy of
this letter acknowledging the terms and conditions set forth herein, evidence that all rights-of-
way/easements have been secured, proof that a construction contract with a qualified and
experienced contractor has been executed, a letter of commitment from the City stating they will
maintain this section of the trail and proof that 100% of matching funds has been allocated for this
project. Upon completion of the terms WFF will fund up to 50% of the project costs.
DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949C0FD
Installment Two (January 15, 2017): up to $1,000,000 shall be payable upon receipt of
documentation showing that 50% of the project is complete and upon inspection and approval, WFF
will fund the remaining costs of construction not to exceed the remaining grant amount.
At each payment request, the City will submit a financial and narrative report outlining work completed
and expenses paid to date related to the construction of the identified sections of trail.
All terms must be met by no later than July 1, 2017 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
12/15/2016
7/1/2017
Report Type
Interim Financial and Narrative
Final Financial and Narrative
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-
1250 on all reports submitted.
In addition to matching requirements, 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;
2
DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949C0FD
(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:
(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 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.
3
DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949C0FD
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 #2015-1250 in your communication.
By electronically signing this letter the Grantee acknowledges and agrees to the terms and conditions
herein. A copy of the completed document will be emailed to the Grantee through DocuSign. If the
electronic signing of this letter is not completed by March 14, 2016 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,
E
DocuSigned by:
5B5647728CAF4FE...
Buddy D. Philpot
Executive Director
4
DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949C0FD
Appendix A: City of Fayetteville
Cato Springs Trail
Measured or
Who will do what and how much? By when?
evaluated by?
Outputs
The City of Fayetteville will acquire all rights -of -way or Signed easement
easements and permits needed to complete the Cato Springs 12/31/2016 documents and
Trail. approved permits
The City of Fayetteville will construct approximately 8,976 linear
feet, or 1.7 miles of 12 -foot -wide concrete shared use paved trail,
meeting the uniform design and construction standards per
design guidelines outlined in the "Trails Design Resource
Notebook" developed by ALTA Planning and utilized for the
Razorback Regional Greenway, as evidenced by inspection of
Walton Family Foundation consultant.
The City of Fayetteville will oversee the completion of a minimum
of 5,280 linear feet, or 1 mile of trail, including a bridge over the
Fulbright Expressway, a tunnel under Razorback Road and a
bridge over the Cato Springs Branch (work to be completed by a
qualified and experienced contractor). Trail and all built
structures will meet the uniform design and construction
standards per design guidelines outlined in the "Trails Design
Resource Notebook" developed by ALTA Planning and utilized
for the Razorback Regional Greenway, as evidenced by
inspection of Walton Family Foundation consultant.
OutComf'S
The completed trail
will be measured by
06/01/2017 the length of shared
use paved trail
installed.
The completed trail
will be measured by
06/01/2017 the length of shared
use paved trail
installed.
The City of Fayetteville will commit to manage and maintain this A signed letter by
section of the Cato Springs Trail to the same standards as the 03/31/2016 the Mayor.
Razorback Regional Greenway.
The City of Fayetteville will commit match funding in the amount I
3/31/2016 A signed letter by
of up to $2 million for this project. the Mayor.
DocuSign Envelope ID: 133F7DD7-085A-4F74-A484-BA91C949COFD
Authorization for Direct Deposit via ACH (ACH Credits)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
I hereby authorize The Walton Family Foundation ("WFF") to electronically credit grant
payments to the following account and if necessary, to electronically debit the account to correct
erroneous credits.
The account is located at the depository financial institution named below:
Financial Institution Name 5 a G'ee r pcwrnenfi l nor Jl On
Account Number
Name on Account
Routing Numbe
WFF will provide transaction notification electronically at the email address provided below.
Contact name
email address
I understand that this authorization will remain in full force and effect until either party cancels
this authorization. I/we will notify WFF in writing by mail to P.O. Box 2030, Bentonville, AR
72712-2030 if I/we wish to revoke this authorization. I/We understand that WFF requires at least
1 week prior notice in order to cancel this authorization.
Nam
Sign
itle: Mayor
Date G�
it
le
ARKANSAS
PAYMENT INFORMATION:
To insure payments are applied promptly and accurately:
ACH/Wire Information:
Routing number: 082900872
Bank Account number: 4841984406
Bank Name: Arvest Bank
Bank Address: 75 North East Avenue, Fayetteville, AR 72701
Beneficiary Account: CITY OF FAYETTEVILLE
Prior to ALL Wire/ACH's, an email or fax must be sent to
Email: sturberville(a),fayetteville-ar.gov and/or kcavette(a,fayetteville-ar.gov
Fax number: 479-575-8273
Contact number: 479-575-8281
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51ED55D39C
I !, c.
\VA\LI ON FAMILY
I O 1: N II :\ I I O N
April 8, 2016
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2015-1250
Dear Mayor Jordan,
l3,_:x 21_C)(I I Bentc.,riviIle-, AR 72112-20 iC)
479 4f,4 1 510 ph - ri? 1 479,464.1 581) fax
www.waItonfamiIyfcOundation.or(I
It is my pleasure to inform you that The Walton Family Foundation, Inc. ("Foundation") has approved a
17 -month grant of up to $2,000,000.00 to the City of Fayetteville ("Grantee"). The project term will be
March 1, 2016 to July 1, 2017. This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is to be used for the construction of the "Cato Springs Trail" in
the southwest part of Fayetteville. The proposed Cato Springs Trail will extend approximately 2.4 miles
south from the Town Branch Trail to the Fayetteville Regional Park and Kessler Mountain. This trail has
been designed as a 12 -foot -wide concrete multi -use trail with pedestrian lighting. This grant is more fully
described in Grantee's proposal dated September 23, 2015. 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 Two Million Dollars ($2,000,000.00).
Grant payments will be made as follows:
Installment
` Amount
Date
#1
U to $1,000,000.00
12/1/2016
#2
U to $1,000,000.00
1/15/2017
3. Payable: The Foundation will make payments and match revenue collected by Grantee
according to the conditions outlined below:
Installment One (December 1, 2016): up to $1,000,000 shall be initiated upon receipt of this
completed letter and payment authorization form from Grantee acknowledging the terms and
conditions set forth herein, evidence that all rights-of-way/easements have been secured, proof that a
construction contract with a qualified and experienced contractor has been executed, a letter of
commitment from the City stating they will maintain this section of the trail and proof that 100% of
matching funds has been allocated for this project. Upon completion of the terms WFF will fund up to
50% of the project costs.
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51ED55D39C
Installment Two (January 15, 2017): up to $1,000,000 shall be payable upon receipt of
documentation showing that 50% of the project is complete and upon inspection and approval, WFF
will fund the remaining costs of construction not to exceed the remaining grant amount.
At each payment request, the City will submit a financial and narrative report outlining work completed
and expenses paid to date related to the construction of the identified sections of trail.
All terms must be met by no later than July 1, 2017 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
12/15/2016 I Interim Financial and Narrative
7/1/2017 Final Financial and Narrative
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-
1250 on all reports submitted.
In addition to matching requirements, 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;
2
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51 ED55D39C
(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:
(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 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.
3
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51 ED55D39C
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 #2015-1250 in your communication.
We have enclosed the grant letter and a payment authorization form. By electronically signing these
items the Grantee acknowledges and agrees to the terms and conditions herein. A copy of the
completed documents will be emailed to the Grantee through DocuSign. If the electronic signing of
this letter is not completed by April 18, 2016 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,
DocuSigned by:
SB564772BCAF4FE...
Buddy D. Philpot
Executive Director
ACKNOWLEDGED AND AGREED
Dace Signed by' ..
�1ou�bi^ Ubka jbr'I. ,t, 4/11/2016 I 2:36:27 PM CT
By: E2e3{i;i91₹Pfr43
Lioneld Jordan (Date)
City of Fayetteville
4
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51ED55D39C
Appendix A: City of Fayetteville
Cato Springs Trail
Who will do what and how much?
By when? Measured or
evaluated by?
Outputs
The City of Fayetteville will acquire all rights -of -way or
Signed easement
easements and permits needed to complete the Cato Springs
12/31/2016
documents and
Trail.
approved permits
The City of Fayetteville will construct approximately 8,976 linear
feet, or 1.7 miles of 12 -foot -wide concrete shared use paved trail,
The completed trail
meeting the uniform design and construction standards per
will be measured by
design guidelines outlined in the "Trails Design Resource
06/01/2017
the length of shared
Notebook" developed by ALTA Planning and utilized for the
use paved trail
Razorback Regional Greenway, as evidenced by inspection of
installed.
Walton Family Foundation consultant.
The City of Fayetteville will oversee the completion of a minimum
of 5,280 linear feet, or 1 mile of trail, including a bridge over the
Fulbright Expressway, a tunnel under Razorback Road and a
The completed trail
bridge over the Cato Springs Branch (work to be completed by a
will be measured by
qualified and experienced contractor). Trail and all built
06/01/2017
the length of shared
structures will meet the uniform design and construction
"Trails
use paved trail
standards per design guidelines outlined in the Design
installed.
Resource Notebook" developed by ALTA Planning and utilized
for the Razorback Regional Greenway, as evidenced by
inspection of Walton Family Foundation consultant.
Outcomes
The City of Fayetteville will commit to manage and maintain this
A signed letter by
section of the Cato Springs Trail to the same standards as the
03/31/2016
the Mayor.
Razorback Regional Greenway.
The City of Fayetteville will commit match funding in the amount
3/31/2016
A signed letter by
of up to $2 million for this project.
the Mayor.
DocuSign Envelope ID: D3F29CA4-C968-4D6F-B76D-7E51ED55D39C
Authorization for Direct Deposit via ACH (ACH Credits)
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
I hereby authorize The Walton Family Foundation ("WFF") to electronically credit grant
payments to the following account and if necessary, to electronically debit the account to correct
erroneous credits.
The account is located at the depository financial institution named below:
Arvest Bank
Financial Institution Name
4841984406
Account Number
Routing Number 082900872
City of Fayetteville General Fund
Name on Account
WFF will provide transaction notification electronically at the email address provided below.
Contact name Shelly Turbervi l l e
sturberville@fayetteville-ar.gov
email address
I understand that this authorization will remain in full force and effect until either party cancels
this authorization. I/we will notify WFF in writing by mail to P.O. Box 2030, Bentonville, AR
72712-2030 if I/we wish to revoke this authorization. I/We understand that WFF requires at least
1 week prior notice in order to cancel this authorization.
Name: Lioneld Jordan
Title: Mayor
t]ncu5lgnad by:
bV' ('A0W JOr 4/11/2016 1 2:36:27 PM CT
Signature _�,�� Date
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division: Transportation Services Adjustment Number
201 6 Dept.: Transportation Services
Requestor: John Nelson
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
The Walton Family Foundation approved the City's application for a grant (2015-1250) in the amount of $2,000,000 for
the construction of the Cato Springs Trail from the Town Branch Trail to the Regional Park.
This grant requires a 50:50 match and the City's portion has been budgeted in the Trail Development capital project.
RESOLUTION/ORDINANCE
COUNCIL DATE:
LEGISTAR FILE ID#:
4/5/2016
2016-0149
'B cv-v 4''Gv 72U'
3/18/2016 2:01 PM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
TOTAL 2,000,000 2,000,000 v.20160302
Increase / (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub AT Account Name
4470.9470.5814.05 2,000,000 - 02016 1405 EX Trails
4470.0947.4305.00 - 2,000,000 02016 1405 RE Commercial Grants
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