HomeMy WebLinkAbout144-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 144-17
File Number: 2017-0366
WALTON FAMILY FOUNDATION GRANT AGREEMENT:
A RESOLUTION TO THANK THE WALTON FAMILY FOUNDATION, TO APPROVE THE GRANT
AGREEMENT WITH THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF UP TO
$1,361,428.00 AS A 50/50 MATCHING GRANT FOR THE CONSTRUCTION OF A MODEL TWO-WAY
CYCLE TRACK ALONG OLD WIRE ROAD AND TO APPROVE A BUDGET ADJUSTMENT
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 the Walton Family
Foundation, and approves the Grant Agreement with the Walton Family Foundation in the amount of up to
$1,361,428.00 as a 50/50 matching grant for the construction of a model two-way cycle track along Old
Wire Road.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the budget adjustment
attached to this Resolution.
PASSED and APPROVED on 7/18/2017
Page 1
Attest:
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Printed on 7/19/17
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0366
Agenda Date: 7/18/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 3
WALTON FAMILY FOUNDATION GRANT AGREEMENT:
A RESOLUTION TO THANK THE WALTON FAMILY FOUNDATION, TO APPROVE THE
GRANT AGREEMENT WITH THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF UP
TO $1,361,428.00 AS A 50/50 MATCHING GRANT FOR THE CONSTRUCTION OF A MODEL
TWO-WAY CYCLE TRACK ALONG OLD WIRE ROAD AND TO APPROVE A BUDGET
ADJUSTMENT
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 the Walton Family
Foundation, and approves the Grant Agreement with the Walton Family Foundation in the amount of up
to $1,361,428.00 as a 50/50 matching grant for the construction of a model two-way cycle track along
Old Wire Road.
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 7/19/2017
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
20.7-036x&
Legistar File ID
7/18/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/29/2017 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a budget adjustment recognizing grant revenue from the Walton Family Foundation, and approval
of the grant agreement for the Old Wire Road cycle track.
4470.800.8835-5809.00
Account Number
06035.2600
Project Number
Budgeted Item? Yes
Budget Impact:
Sales Tax
Fund -
Trans. Bond Program/Old Wire Road
Project Title
Current Budget $ 2,455,014.00
Funds Obligated $ 2,129,678.00
Current Balance
- Does item have a cost? No Item Cost
Budget Adjustment Attached? Yes Budget Adjustment $ 1,361,428.00
Remaining Budget
V20140710
Previous Ordinance or. Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
~~ a` ARKANSAS
MEETING OF JULY 18, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
FROM: Chris Brown, City Engineer
DATE: June 29, 2017
CITY COUNCIL MEMO
SUBJECT: Old Wire Road -Walton Family Foundation Grant
Approval of Grant Agreement and Recognition of Revenue
RECOMMENDATION:
Staff recommends approval of grant agreement #201.6-1797 with the Walton Family Foundation
in the amount of up to $1,361,428.00 and approval of a budget adjustment to recognize this
revenue. The grant funds will be used for the construction of a cycle track along Old Wire
Road, between Ash Street and Gulley Park.
BACKGROUND:
Improvements to Old Wire Road, between Mission Blvd. and Crossover Road, are part of the
Transportation Bond Program. Improvements are in various stages of completion. When all
work is complete, the Old Wire Road corridor will have improvements for vehicular traffic,
including signalization at Mission, intersection improvements at Township Street, and a turn
lane at Ash Street; for pedestrians, including sidewalks on at least one side for the entire
route, and improved crossings at Old Missouri Road and at Stanton Avenue; and for bicycles,
by construction of bike lanes, a multi -use path, and a two-way cycle track on various
segments of the project.
The two-way cycle track planned between Ash Street and Gulley Park will be an enhanced
bikeway that will provide a protected facility, separated from both cars and pedestrians, which
will create the safest possible environment for all users. The cycle track will be constructed
with several enhancements for safety and efficiency, to provide a world-class facility that can
be used as a template elsewhere in the City and by other jurisdictions in the region.
DISCUSSION:
The City has partnered with the Walton Family Foundation multiple times on alternative
transportation and other projects that enhance the quality of life in the City; the proposed
partnership on this project is the next great opportunity to further those efforts. The proposed
50/50 matching grant, in the amount of up to $1,361,428, is to pay for the cost of the cycle
track and necessary appurtenances, including bicycle signals at Township Street, safety
markings at other intersections, a concrete buffer between the street and the cycle track, and
numerous other elements. The grant is payable in 2 installments: upon completion of right of
way acquisition and permitting, and at 50% completion of construction.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The Walton Family Foundation Grant is a 50/50 matching grant program. The City's portion of
the matching funds is available through the Transportation Bond Program.
Attachments:
Cycle track renderings and cross section
Walton Family Foundation Grant #2016-1797 agreement
Budget Adjustment
WALTON FAMILY
F 0 UA N D A I 1 0 N
June 27, 2017
Mayor Lioneld Jordan
Mayor
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
RE: Grant #2016-1797
Dear Mayor Lioneld Jordan,
It is my pleasure to inform you that the Walton Family Foundation, Inc. ("Foundation") has
approved a grant of up to $1,361,428.00 to the City of Fayetteville ("Grantee"). The project term
will be June 30, 2017 to June 30, 2019. This grant is subject to the following terms and
conditions:
1. Purpose: The purpose of the grant is to construct the Old Wire Cycle Track, an initial phase
of the East Fayetteville Loop. This grant is more fully described in Grantee's proposal dated October
28, 2016. 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 Million, Three Hundred Sixty -One Thousand, Four Hundred
Twenty -Eight Dollars ($1,361,428.00).
Grant payments will be made as follows:.
Installment
Amount
Requirement
Date
#1
Up to $680,714.00
See Installment One
11J30/2017
#2
Up to $680,714.00
See Installment Two
6/30/2018
3. Matching Grant Payable: The Foundation will match revenue collected by Grantee
according to the conditions outlined below:
Installment One (November 30, 2017): One dollar for every one dollar of revenue
collected from all sources, up to $1,361,428.00. This payment of up to $680,714.00 shall be
payable upon the receipt of this completed letter from Grantee acknowledging the terms and
conditions set forth herein, as well as written documentation of matching funds collected, and
evidence that all required permits and approvals have been secured, a commitment from the
City to maintain all aspects of the project, a bid and construction schedule, and a copy of final
completed construction plans.
Expiration: Qualifying matching contributions for Installment One must be collected and
documented for the Foundation by November 30, 2017. In the event the matching contributions
are not documented by this deadline, all outstanding obligations of the Foundation will
terminate.
9
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Installment Two (June 30, 2018): $680,714.00 shall be contingent upon the
Foundation's approval of Grantee's activities as evidenced by the reports described in
paragraph 5 below and other information the Foundation may gather, as well as a construction
contract with a qualified and experienced contractor must be executed, documentation from a
qualified third party showing that no less than 50% of the project is complete, and upon
inspection and approval the Foundation will fund the remaining costs of construction not to
exceed the remaining grant amount.
Funds collected and applied to other Foundation match requirements may not be used to satisfy
this match requirement.
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
Match
11/30/2017
3/1/2018
Update
5/31/2018
Interim Financial and Narrative
1/31/2019
Final Financial and Narrative
6/30/2019
Update
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
#2016-1797 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;
(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:
above;
(a) Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a)
(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 oe 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 #2016-1797 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 July 21, 2017 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,
Kyle J. Peterson
Executive Director
ACKNOWLEDGED ANRAGREED
May,5rie beeId Jor n (Date)
City of Faye e
Appendix A: City of Fayetteville
Old Wire Cycle Track
Outputs And Outcomes
Who will do what and how much? By when? Measured or evaluated
by.
AL
Outputs
The City of
The City will acquire all rights-of-way or
Fayetteville will
provide a copy of any
easements and permits needed to complete the
1/ /17
1 30
applicable public
pp p
Old Wire Cycle track/East Fayetteville Loop
documents at the
Phase I.
request of the Walton
Family Foundation.
The City will enter into a construction contract
Signed Construction
with a qualified and experienced Construction
03/01/2018
Contract with a qualified
company.
General Contractor
The City will establish a baseline of bicycle
usage along the Old Wire Road corridor in
hourly and daily increments, using electronic
counters or similar means. Measurements shall
03/01/2018
Program records
be taken over a period of time (subject to WFF
input) to capture reliable data accounting for
weather and time of year, and shall commence
a minimum of 45 days prior to construction.
The City of Fayetteville will construct
approximately 4,600 linear feet, or 0.87 miles of
8.5 -foot wide concrete cycle track and adjacent
6 -foot wide sidewalk with buffer strip and
lighting. Bicycle specific signals will be installed
at Township Street and enhanced pavement
A third party consultant
markings, protected crossings and other design
12/31/18
will provide verification to
features shall be installed along the corridor as
the foundation.
warranted. The cycle track will meet the uniform
design and construction standards outlined in
the "Trails Design Resource notebook"
developed by ALTA Planning and utilized for
the Razorback Regional Greenway as
evidenced by inspection of a Walton Family
Foundation consultant.
Outcomes
The City of Fayetteville will commit to manage A letter from the Mayor
and maintain this section of the East expressing the City's
Fayetteville Loop — Phase I (Old Wire Cycle 09/08/17 commitment to
Track) to the same standards as the Razorback maintenance
Regional Greenway.
The City of Fayetteville will commit match A signed letter from the
funding in the amount of up to $1,361,428 for 09/08/17 Mayor
this project.
General and commuting usage of the cycle -
track along Old Wire Road will increase in the
six months following completion of construction 06/30/2019 Program records
at 100% of the baseline established by the
initial measurement. I
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City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2017
Reyuestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognition of Grant Revenue from the Walton Family Foundation for expenses on the Old Wire Road Bond Project
RESOLUTION/ORDINANCE
COUNCIL DATE: 6/29/2017
LEGISTAR FILE ID#: 2017-0366
3 a4-bvwcl Fell
7/3/2017 8:15 AM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
TOTAL 1,361,428 1,361,428 v.20161220
Increase / (Decrease) Project.5ub#
Account Number Expense Revenue Project Sub AT Account Name
4470.800.8835-5809.00 1,361,428 - 06035 2600 EX Street Improvements - Street Improveme
4470.800.8835-4305.00 - 1,361,428 06035 2600 RE "Commercial Grants - Commercial Grant
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