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HomeMy WebLinkAbout112-19 RESOLUTIONF SPY E7T gRKA�y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 112-19 File Number: 2019-0260 DOMINO'S PIZZA, LLC: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A PAVING FOR PIZZA GRANT THROUGH DOMINO'S PIZZA, LLC IN THE AMOUNT OF $5;000.00 FOR FILLING POT HOLES, 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 authorizes acceptance of a Paving For Pizza grant through Domino's Pizza, LLC in the amount of $5,000.00 for the purpose of filling potholes. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant funds. PASSED and APPROVED on 5/7/2019 Page 1 Attest: / rrrr�,t►1r� TR6i,,� Sondra E. Smith, City Clerk Treasu G; *bl Y op •,�G� 'rry, •� V:. FAYETTTTEVILLE r�r�iS'••�kAN���• i„ i QN r% Printed on 518119 City of Fayetteville, Arkansas 113 West Mountain Street � ,tel' _:� Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0260 Agenda Date: 5/7/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 15 DOMINO'S PIZZA, LLC: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A PAVING FOR PIZZA GRANT THROUGH DOMINO'S PIZZA, LLC IN THE AMOUNT OF $5,000.00 FOR FILLING POT HOLES, 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 authorizes acceptance of a Paving For Pizza grant through Domino's Pizza, LLC in the amount of $5,000.00 for the purpose of filling potholes. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant funds. City of Fayetteville, Arkansas Page 1 Printed on 3/8/2019 City of Fayetteville Staff Review Form 2019-0260 Legistar File ID 5/7/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda item Terry Gulley 4/18/2019 TRANSPORTATION SERVICES (410) Submitted By Submitted Date Division / Department Action Recommendation: Approve a resolution authorizing the acceptance of The Paving for Pizza Grant for $5,000 for the purpose of filling potholes in the city and approving a budget adjustment to accept the funds and allocate them into a capital project. 4470.410.8410-5417.00 Account Number 33030.1901 Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? Yes Budget Impact: Sales Tax Capital Improvements Fund Domino's Paving for Pizza Grant Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,000.00 $ 5,000.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEviLLE ARKANSAS MEETING OF MAY 07, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff C11.1rY COUNCIL MEMO FROM: Terry Gulley, Transportation Services Director DATE: April 18, 2019 SUBJECT: Approve a resolution authorizing the acceptance of the Paving for Pizza Grant for $5,000 for filling potholes in the city and approving a budget adjustment to accept the funds and allocate them into a capital project. RECOMMENDATION: Staff recommends approving a resolution authorizing the acceptance of a Paving for Pizza Grant for $5,000 for filling potholes in the city and approving a budget adjustment to accept the funds and allocate them into a capital project. BACKGROUND: The ad campaign for Domino's had planned to provide a $5,000 grant, the idea being that the cities would put that money to use repairing roads. It's "Paving for Pizza" campaign aims to repair roads to reduce damage to pizzas. DISCUSSION: The Domino's campaign helps showcase the importance of road safety. The promotion means cities get free money for repairs, and Domino's quietly works in the background to get some goodwill and publicity out of it. Cities are completely free to choose which streets would be repaired, meaning the pizza chain did not ask them to repair streets around their own stores. BUDGET/STAFF IMPACT: The grant award is not a matching grant, so no city funds are obligated with this request. The budget adjustment is attached to recognize the grant revenue and establish a capital project for the grant. Attachments: Agreement Signed by Domino's Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOMINO'S "PAVING FOR PIZZA" AGREEMENT As we have discussed, Domino's would like to engage with Fayetteville, Arkansas to improve road conditions by providing funds to fill potholes in accordance with the terms set forth below. Accordingly, the City and Crispin Porter & Bogusky LLC ("CPB"), as agent for Domino's Pizza LLC. ("Domino's"), agree as follows: Funds: Domino's will provide to City funds in the amount of $5,000.00, payable December 31, 2019 provided that this agreement has been fully executed by City and Domino's and further provided that City is in compliance with this agreement. Use of Funds: City agrees to use the Funds solely for the purpose of filling potholes in the City. City agrees that the potholes will be filled no later than November 30, 2019. City will provide CPB with the total number of potholes that will be filled using the Funds. Materials/Usage: City agrees to film or photograph at least two (2) of the potholes before and after they are filled and provide the film/photographs (collectively, the "images") to CPB for Domino's use. City agrees that Domino's may use the images, may identify the City as a beneficiary of the Paving for Pizza Program and may indicate that Domino's provided the City with Funds to fill potholes in the City, in any and all media and materials, anywhere in the world, for any lawful purpose, including without limitation for purposes of advertising and trade, in perpetuity, in connection with Domino's "Paving for Pizza" campaign. Messaging: Domino's agrees that messaging or other materials that reference the City and potholes and/or the Paving for Pizza Program (collectively, the "Materials"): (a) will not portray the City in a negative light, nor will the Materials suggest that the City has difficulty filling potholes or has an excessive number of potholes; and (b) will comply with brand protection or compliance guidelines provided by the City to CPB. Accordingly, Agency will provide the Materials to the City for its review so that the City may confirm that the Materials comply with this "Messaging" provision. City agrees that the City will respond to any Agency request for review of Materials within five (5) business days of receipt of the applicable Materials. If the City believes that any Materials do not comply with this "Messaging" provision, the City agrees to explain its reasons for this belief in writing and with specificity. If the City does not respond within five (5) business days of Agency's request for review, the applicable Materials will be deemed in compliaince with this "Messaging" provision. Representations and Warranties: The signatory to this agreement for the City represents and warrants that the signatory has the right, power and authority to enter into and bind City to the terms of this agreement. Use of Domino's Name and Trademark: City agrees that City shall not use Domino's name or trademark in any public -facing materials unless City obtains Domino's written approval in each instance. Release: City agrees that City shall have no claim to compensation or benefits (other than as specifically set forth herein) nor any claim arising out of or in connection with this agreement, including without limitation, any claim in connection with City's use of the Funds, the filling of the potholes, or the use of the Images and City's name. Contingency: City understands and agrees this agreement has been fully executed by both parties, CPB/Domino's shall have the right, but not the obligation, to terminate this agreement, and in such event the terms of this agreement shall be deemed null and void and of no force or effect and neither party shall have any obligation to the other party. Confidentiality: Unless otherwise required by law or legal process. City will not disclose the terms of this agreement to any third parties other than, on a confidential basis, to its business representatives and legal counsel or as required by law or court order. ACCEPTED AND AGREED: City of F CRISPIN PORTER & BOGUSKY LLC as agent for Domino's Pizza LLC. Title: Sr. Business Affairs Manager Date: 4.18.19 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number TRANSPORTATION SERVICES (410) /Org2 2019 Requestor: Diana Hendricks BUDGET ADJUSTMENT DESCRIPTION /JUSTIFICATION: Approving a resolution authorizing the acceptance of Domino's Paving for Pizza Grant and approving a budget adjustment to accept the funds and allocate them into a capital project. The project is 100% funded by a grant from Domino's Pizza. Upon completion of the project, Domino's will provide to City funds in the amount of $5,000.00. The purpose of the grant is to fill potholes in the city. COUNCIL DATE: 5/7/2019 LEGISTAR FILE ID#: 2019-0260 HCRY-BLaciU 4/19/2019 2:30 PM Budget Director Date TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: J TOTAL 5,000 5,000 v.20190115 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.410.8410-4305.00 - 5,000 33030 1901 RE "Commercial Grants -Commercial Gran, 4470.410.8410-5417.00 5,000 - 33033 1901 EX Street Maintenance - Street MaintenancE K\Budget Adjustments\2019_Budget\City Council\05-07-2019\2019-0260 Domino's Paving for Pizza Grant 1 of 1