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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 256-19
File Number: 2019-0699
WALTON FAMILY FOUNDATION GRANT ACCEPTANCE:
A RESOLUTION TO THANK THE WALTON FAMILY FOUNDATION, TO AUTHORIZE MAYOR
JORDAN TO ACCEPT A GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT
OF $410,000.00 TO FUND THE DESIGN OF BICYCLE AND PEDESTRIAN IMPROVEMENTS
ALONG PORTER ROAD, DEANE STREET, SYCAMORE STREET AND POPLAR STREET TO
CREATE THE MIDTOWN TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on October 15, 2019, the City Council approved an application for a Walton Family
Foundation grant that would fund 50% of the cost of designing bicycle and pedestrian improvements
along Porter Road, Deane Street, Sycamore Street, and Poplar Street with the 50% match funded by the City
of Fayetteville; and
WHEREAS, the Walton Family Foundation recommended the addition of the design of an on -street
bikeway along Woodland Avenue and a crossing of Sycamore to connect the new soft surface trails at
Gregory Park which will increase the grant amount to $410,000.00.
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 the Walton
Family Foundation, and authorizes Mayor Jordan to execute a Grant Agreement with the Walton
Family Foundation in the amount of $410,000.00 to fund the design of bicycle and pedestrian
improvements along Porter Road, Deane Street, Sycamore Street and Poplar Street to create the
Midtown Trail with the 50% match to be funded by the City of Fayetteville
Page 1 Printed on 11120119
File Number.' 2019-0699
Resolution 256-19
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.
PASSED and APPROVED on 11/19/2019
UTY
Attest: FA
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Lisa Branson, Deputy City Clerk
Page 2 Printed on 11120119
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611B3D5
WALTON FAMILY
1 0 lI N 1) A 1 1 0 N
November 21, 2019
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR, 72701
RE: Grant 2019-652
Dear Mayor Jordan,
At the Walton Family Foundation, we work to tackle tough social and environmental problems with
urgency and a long-term approach to create access to opportunity for people and communities. To do
this, we know we must work with individuals and groups closest to these challenges because they often
have the most thoughtful, insightful solutions.
As we support efforts to improve K-12 education, protect our rivers and oceans and the livelihoods they
support, and promote quality of life in our Home Region, we look to groups like yours. I am pleased to
inform you that your grant request has been approved in the amount of up to $410,000.00 for the
development of construction -ready design plans for a --2.5-mile east -west bicycle and pedestrian
connection from 1-49 (Meadow Valley Trail) to College Avenue in Midtown Fayetteville. The attached
grant agreement outlines the details.
On behalf of the Walton Family Foundation, I express my appreciation for what your organization has
accomplished so far and my optimism for your future success. Together, we can have an impact that
improves lives today and that will last to benefit future generations.
Sincerely,
DocuSigned by
bS& k.elAh__A)
78B441247E384D2
Lisa Montez
Secretary and General Counsel
PO Box 2030 44 Cook Street, Suite 255 111 Town Square Place, Suite 420 919 1811 Street, NW, Suite 400
Bentonville, AR 72712 Denver, CO 80206 Jersey City, NJ 07310 Washington, D.C. 20006
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611B3D5
Grant Agreement
November 21, 2019
Grant 2019-652
The Walton Family Foundation, Inc. ("Foundation") has approved a grant in the amount of up to
$410,000.00 to the City of Fayetteville ("Grantee"). The project term will be November 1, 2019 to
December 30, 2020. This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is for the development of construction -ready design plans for
a —2.5 -mile east -west bicycle and pedestrian connection from 1-49 (Meadow Valley Trail) to College
Avenue in Midtown Fayetteville. This grant is more fully described in Grantee's proposal dated October 16,
2019. 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.
Amount: Up To Four Hundred Ten Thousand Dollars ($410,000.00).
Grant payments will be made as follows:
Installment Amount I Requirement
#1 Up to $410,000.00 1 See Matching_Grant Payable
3. Matching Grant Payable: The Foundation will match 1:1 of funds committed from the City's
authorized budget up to $410,000.00. This payment shall be payable upon receipt of a copy of this
letter from Grantee acknowledging the terms and conditions set forth herein, as well as written
documentation of committed funds from the City's authorized budget.
Expiration: Qualifying matching commitments for Installment One must be documented for the
Foundation by November 30, 2019. In the event the matching commitments are not documented by
this deadline, all outstanding obligations of the Foundation will terminate.
Funds committed 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).
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611 B3D5
Report Date
Report Type
4/15/2020
Update
10/15/2020
Update
12/30/2020
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 #2019-
652 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. 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 10. Publicizing the grant and the Foundation in Grantee's publications and communications
in a manner consistent with similar grants obtained by Grantee is permitted.
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1 611 B3D5
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.
9. 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.
10. Contact: For all communications regarding this grant, please contact the Foundation by
email at HomeRegion@wffmail.com. Please reference Grant #2019-652 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 November 27, 2019 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.
Walton Family Foundation, Inc.,
DocuSigned by:
(�Sa NID
By: 11/25/2019 1 9:25:42 AM CST
Lisa Montez (Date)
Secretary and General Counsel
IMI
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611B3D5
Appendix A: City of Fayetteville
Midtown Trail
Outputs And Outcomes
Who will do what and how much?
By when?
Measured or
evaluated by?
Goal: Three Trails Bikeway
The City of Fayetteville will select a qualified, experienced
Executed contract
consultant to complete the design of the Midtown Trail
12/20/2019
project.
The selected consultant will develop a design schedule and
01/15/2020
(Schedule)
Receipt of design
submit plans at each specified level (30/60/90% completion)
Plan set
schedule and plan sets
for internal review and a third -party review and comment as
for review at each
part of the design process.
reviews
benchmark
vary
The selected design firm and City will lead at least two public
input sessions (at least one within the neighborhood) and
Meeting agendas,
utilize an online public engagement tool to guide the
attendance and
development of conceptual designs that will create the most
04/30/2020
conceptual design
desirable facility. The design firm will present conceptual
drawings will be
designs to the Active Transportation Advisory Committee
provided.
and the Transportation Committee. At least 50 participants
will engage in the public input process.
The selected design team will produce a set of final
construction- and bid -ready Plans, Specifications and
Estimates, along with a full bid package, for at least 2.5 miles
Construction
of on -street bicycle/pedestrian infrastructure in the Porter,
documents provided to
Deane, Garland, Sycamore and Poplar Street corridors for
12/20/2020
be reviewed by a
the city to bid for construction. All designs will be prepared to
Walton Family
meet uniform design and construction standards, and where
Foundation consultant
possible utilize Complete Streets and National Association of
City Transportation Officials best practices for bicycle -friendly
streets.
)utcorne_
The City of Fayetteville will commit matching funding in the
Letter from Mayor
minimum amount of $410,000 and cover any remaining costs
12/20/2019
to complete the project design and construction documents.
The City will commit to utilizing the City of Fayetteville
Targeted Bicycle Network Strategy developed for the
12/20/2019
Letter from City
NWARPC by Toole Design to guide the Midtown Trail
Engineer
improvements.
The City will approve the final construction plans and
Copy of approvals,
establish a phasing plan, construction schedule and funding
12/20/2020
preliminary schedule
plan for the project.
and funding plan
-^� City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
_
File Number: 2019-0699
Agenda Date: 11/19/2019 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: C. 3
WALTON FAMILY FOUNDATION GRANT ACCEPTANCE:
A RESOLUTION TO THANK THE WALTON FAMILY FOUNDATION, TO AUTHORIZE MAYOR
JORDAN TO ACCEPT A GRANT FROM THE WALTON FAMILY FOUNDATION IN THE
AMOUNT OF $410,000.00 TO FUND THE DESIGN OF BICYCLE AND PEDESTRIAN
IMPROVEMENTS ALONG PORTER ROAD, DEANE STREET, SYCAMORE STREET AND POPLAR
STREET TO CREATE THE MIDTOWN TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on October 15, 2019, the City Council approved an application for a Walton Family Foundation
grant that would fund 50% of the cost of designing bicycle and pedestrian improvements along Porter Road,
Deane Street, Sycamore Street, and Poplar Street with the 50% match funded by the City of Fayetteville; and
WHEREAS, the Walton Family Foundation recommended the addition of the design of an on -street bikeway
along Woodland Avenue and a crossing of Sycamore to connect the new soft surface trails at Gregory Park
which will increase the grant amount to $410,000.00.
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 the Walton Family
Foundation, and authorizes Mayor Jordan to execute a Grant Agreement with the Walton Family Foundation in
the amount of $410,000.00 to fund the design of bicycle and pedestrian improvements along Porter Road,
Deane Street, Sycamore Street and Poplar Street to create the Midtown Trail with the 50% match to be
funded by the City of Fayetteville
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.
City of Fayetteville Arkansas
Page I Printed on 11/20/2019
City of Fayetteville Staff Review Form
2019-0699
Legistar File ID
11/19/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 10/31/2019 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of grant agreement #2019-652 with the Walton Family Foundation in the amount of
$410,000 and approval of a budget adjustment to recognize this revenue. The grant funds will be used for the
design of bicycle and pedestrian improvements along Porter Ave., Deane St., Sycamore St, and Poplar Street to
create the Midtown Trail.
4601.860.7218-5860.02
4602.860.7218-5860.02
Budget Impact:
4601 - Bond Program Grant Matching
4602 - Street Projects 2019 Bonds
Account Number Fund
46020.7218.1000 46020.7218.1000 - Streets Project,
Porter/Deane/Sycamore/Poplar Design
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 36,260,961.00
$ 2,808,069.53
$ 33,452,891.471
$ 410,000.00
$ 33,862,891.47
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 232-19
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 19TH, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: November 1 st, 2019
CITY COUNCIL MEMO
SUBJECT: 2019-0699 Acceptance of Walton Family Foundation design funding
RECOMMENDATION:
Staff recommends approval of grant agreement #2019-652 with the Walton Family Foundation
in the amount of $410,000 and approval of a budget adjustment to recognize this revenue. The
grant funds will be used for the design of bicycle and pedestrian improvements along Porter
Ave., Deane St., Sycamore St, and Poplar Street to create the Midtown Trail.
BACKGROUND:
The Mobility Plan project prioritization scoring toolbox ranks the Porter Ave., Deane St.,
Sycamore St. and Poplar St. corridor high due to the connectivity to significant number of
residents to commercial districts, Woodland Junior High School and the Razorback Regional
Greenway. The corridor is 2.3 miles in length and runs in an east -west direction through a flat
part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. According
to census data there are 3,326 jobs and over 6,000 residents within '/4 mile from this corridor.
Within 1/2 mile of the corridor there are 12,000 residents with 33% of these residents living
below the poverty line and 11 % of these residents do not have access to a vehicle. With
existing transit in proximity to the corridor this improved bicycle and pedestrian corridor will have
a huge impact on mobility and be a major step toward the active transportation plan goal of
providing a trail connection within '/z mile of every resident in Fayetteville.
In addition to the bicycle and pedestrian improvements, the corridor will feature improvements at
the 1-49 interchange, intersection improvements to include turn lanes and signalization where
necessary, and improvements to transit amenities.
On August 14th, 2019, the Active Transportation Advisory Committee reviewed the corridor and
unanimously supported the project moving forward. They also supported shifting the corridor
from Sycamore Street to Poplar Street east of the Razorback Greenway to take advantage of
flat grades along Poplar Street. On August 27th, 2019, the Transportation Committee reviewed
the corridor and supported the shift to Poplar Street as well. They also recommended moving
forward with the selection of a design consultant for the project.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
On October 15th, the City Council approved application for the grant in an amount of up to
$400,000 as resolution 232-19. Since that time, The Walton Family Foundation recommended
the addition of the design of an on -street bikeway along Woodland Avenue and a crossing of
Sycamore to connect the new soft surface trails at Gregory Park. The addition of this bikeway
increased the actual grant amount to $410,000 to cover the additional design cost for this
connection.
The bicycle & pedestrian improvements proposed along Porter, Deane, Sycamore and Poplar
corridor will consist of designated space for pedestrians and bicyclists physically separated from
the roadway with the goal of attracting users of all ages and all abilities. The vehicular and
transit improvements will increase safety and reduce congestion at key locations.
Olsson Associates, Inc. has been selected as the design consultant to assist with the
conceptual design and public meetings. Olsson's design scope and fee has been submitted
concurrently as agenda item #2019-0700. If approved, a design charrette is planned in the
surrounding neighborhood in early 2020 to gather public input to guide the design of the
Midtown Trail Corridor.
BUDGET/STAFF IMPACT:
This Walton Family Foundation Grant is a 50:50 matching grant up to $410,000. The City
portion of the matching funds are available in the first phase of the transportation portion of the
recently approved bonds.
Attachments:
Walton Family Foundation Grant Letter
Overall project corridor map
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Mcadow Valley Trail
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Proposed Roundabout
Future Police Headquarters
Proposed separated
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Proposed turn lanes at
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FAYET�®
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WALTON FAMILY
F O U N D A T I O N
October 22, 2019
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR, 72701
RE: Grant 2019-652
Dear Mayor Jordan,
At the Walton Family Foundation, we work to tackle tough social and environmental problems with
urgency and a long-term approach to create access to opportunity for people and communities. To do
this, we know we must work with individuals and groups closest to these challenges because they often
have the most thoughtful, insightful solutions.
As we support efforts to improve K-12 education, protect our rivers and oceans and the livelihoods they
support, and promote quality of life in our Home Region, we look to groups like yours. I am pleased to
inform you that your grant request has been approved in the amount of up to $410,000.00 for the
development of construction -ready design plans for a —2.5 -mile east -west bicycle and pedestrian
connection from 1-49 (Meadow Valley 'Trail) to College Avenue in Midtown Fayetteville. The attached
grant agreement outlines the details.
On behalf of the Walton Family Foundation, I express my appreciation for what your organization has
accomplished so far and my optimism for your future success. Together, we can have an impact that
improves lives today and that will last to benefit future generations.
Sincerely,
Lisa Montez
Secretary and General Counsel
PO Box 2030 44 Cook Street, Suite 255 111 Town Square Place, Suite 420 919 18th Street, NW, Suite 400
Bentonville, AR 72712 Denver, CO 80206 Jersey City, NJ 07310 Washington, D.C. 20006
Grant Agreement
October 22, 2019
Grant 2019-652
The Walton Family Foundation, Inc. ("Foundation") has approved a grant in the amount of up to
$410,000.00 to the City of Fayetteville ("Grantee"). The project term will be November 1, 2019 to
December 30, 2020. This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is for the development of construction -ready design plans for
a —2.5 -mile east -west bicycle and pedestrian connection from 1-49 (Meadow Valley Trail) to College
Avenue in Midtown Fayetteville. This grant is more fully described in Grantee's proposal dated October 16,
2019. 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 Four Hundred Ten Thousand Dollars ($410,000.00).
Grant payments will be made as follows:
Installment
I Amount
IRequirement
#1
1 Up to $410,000.00 1
See Matching Grant Payable
3. Matching Grant Payable: The Foundation will match 1:1 of funds committed from the City's
authorized budget up to $410,000.00. This payment shall be payable upon receipt of a copy of this
letter from Grantee acknowledging the terms and conditions set forth herein, as well as written
documentation of committed funds from the City's authorized budget.
Expiration: Qualifying matching commitments forInstallmentOne must be documented for the
Foundation by November 30, 2019. In the event the matching commitments are not documented by
this deadline, all outstanding obligations of the Foundation will terminate.
Funds committed 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
4/15/2020
Update
10/15/2020
Update
12/30/2020
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 #2019-
652 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. 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 10. 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.
9. 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.
10. Contact: For all communications regarding this grant, please contact the Foundation by
email at HomeRegion@wffmail.com. Please reference Grant #2019-652 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 November 26, 2019 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.
Walton Family Foundation, Inc.,
AN
Lisa Montez (Date)'
Secretary and General Counsel
City of Fayetteville
13
Lioneld Jordan (Date)
Mayor
Appendix A: City of Fayetteville
Midtown Trail
Outputs And Outcomes
Who will do what and how much? By when? Measured or
evaluated by?
Outputs
The City of Fayetteville will select a qualified, experienced
Executed contract
consultant to complete the design of the Midtown Trail
12/20/2019
project.
The selected consultant will develop a design schedule and >
01/15/2020
(Schedule)
``Receipt of design
submit plans at each specified level (30/60/90% completion)
Plan set
schedule and plan sets
for internal review and a third -party review and comment as
for review at each
part of the design process.
aviews
benchmark
ry
The selected design firm and City will lead at least two public
input sessions (at least one within the neighborhood) and "
Meeting agendas,
utilize an online public engagement tool to guide the
attendance and
development of conceptual designs that will create the most
04/30/2020
conceptual design
desirable facility. The design firm will present conceptual
drawings will be
designs to the Active Transportation Advisory Committee
provided.
and the Transportation Committee. At least 50 participants
will engage in the public input process.
The selected design team will produce a set of final
construction- and bid -ready Plans, Specifications and
Estimates, along with a full bid package, for at least 2.5 miles
Construction
of on -street bicycle/pedestrian infrastructure in the Porter,
documents provided to
Deane, Garland, Sycamore and Poplar Street corridors for
12/20/2020
be reviewed by a
the city to bid for construction. All designs will be prepared to
Walton Family
meet uniform design and construction standards, and where
Foundation consultant
possible utilize Complete Streets and National Association of
City Transportation Officials best practices for bicycle -friendly
streets.'
Outcomes
The City of Fayetteville will commit matching funding in the
Letter from Mayor
minimum amount of $410,000 and cover any remaining costs
12/20/2019
to complete the project design and construction documents.
The City will commit to utilizing the City of Fayetteville
Targeted Bicycle Network Strategy developed for the
12/20/2019
Letter from City
NWARPC by Toole Design to guide the Midtown Trail
Engineer
improvements.
The City will approve the final construction plans and
Copy of approvals,
establish a phasing plan, construction schedule and funding
12/20/2020
preliminary schedule
plan for the project.
and funding plan
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
Non -Departmental (800)
2019 /Org2
Requestor: Kevin Springer
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of grant agreement #2019-652 with the Walton Family Foundation in the amount of
$410,000 and approval of a budget adjustment to recognize this revenue. The grant funds will be used for the design of
bicycle and pedestrian improvements along Porter Ave., Deane St., Sycamore St, and Poplar Street to create the
Midtown Trail.
RESOLUTION/ORDINANCE
COUNCIL DATE: 11/19/2019
LEGISTAR FILE ID#: 2019-0699
KeAviw spYbrtge--
10/22/2019 10:37 AM
Budget Director
TYPE:
JOURNAL #:
GLDATE:
CHKD/POSTED:
Date
D - (City Council)
TOTAL 410,000 410,000 v.20190924
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4601.860.721_8-43_05.00 _ - 410,000 4_602_0 72_18.1000_ RE Commercial Grants
4601.860.7218-5860.02 410,000 - 46020 7218.1000 EX Capital Prof Svcs - Engineering
H:\BudgetAdjustments\2019-Budget\City Council\1 1-19-2019\2019-0699 BA Walton Foundation Grant Porter Deane Sycamore.klofil
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611133D5
WALTON FAMILY
F O U N D A T I O N
November 21, 2019
Mayor Lioneld Jordan
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR, 72701
RE: Grant 2019-652
Dear Mayor Jordan,
At the Walton Family Foundation, we work to tackle tough social and environmental problems with
urgency and a long-term approach to create access to opportunity for people and communities. To do
this, we know we must work with individuals and groups closest to these challenges because they often
have the most thoughtful, insightful solutions.
As we support efforts to improve K-12 education, protect our rivers and oceans and the livelihoods they
support, and promote quality of life in our Home Region, we look to groups like yours. I am pleased to
inform you that your grant request has been approved in the amount of up to $410,000.00 for the
development of construction -ready design plans for a —2.5 -mile east -west bicycle and pedestrian
connection from 1-49 (Meadow Valley Trail) to College Avenue in Midtown Fayetteville. The attached
grant agreement outlines the details.
On behalf of the Walton Family Foundation, I express my appreciation for what your organization has
accomplished so far and my optimism for your future success. Together, we can have an impact that
improves lives today and that will last to benefit future generations.
Sincerely,
EDocu Signed by:
SX i*vkt j
78B441247E384D2..
Lisa Montez
Secretary and General Counsel
PO Box 2030 44 Cook Street, Suite 255 111 Town Square Place, Suite 420 919 1811 Street, NW, Suite 400
Bentonville, AR 72712 Denver, CO 80206 Jersey City, NJ 07310 Washington, D.C. 20006
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611B3D5
Grant Agreement
November 21, 2019
Grant 2019-652
The Walton Family Foundation, Inc. ("Foundation") has approved a grant in the amount of up to
$410,000.00 to the City of Fayetteville ("Grantee"). The project term will be November 1, 2019 to
December 30, 2020. This grant is subject to the following terms and conditions:
1. Purpose: The purpose of the grant is for the development of construction -ready design plans for
a —2.5 -mile east -west bicycle and pedestrian connection from 1-49 (Meadow Valley Trail) to College
Avenue in Midtown Fayetteville. This grant is more fully described in Grantee's proposal dated October 16,
2019. 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 Four Hundred Ten Thousand Dollars ($410,000.00).
Grant payments will be made as follows:
Installment I
Amount
I Requirement
#1 1
Up to $410,000.00
1 See Matching Grant Payable
3. Matching Grant Payable: The Foundation will match 1:1 of funds committed from the City's
authorized budget up to $410,000.00. This payment shall be payable upon receipt of a copy of this
letter from Grantee acknowledging the terms and conditions set forth herein, as well as written
documentation of committed funds from the City's authorized budget.
Expiration: Qualifying matching commitments for Installment One must be documented for the
Foundation by November 30, 2019. In the event the matching commitments are not documented by
this deadline, all outstanding obligations of the Foundation will terminate.
Funds committed 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).
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611B3D5
Report Date
Report Type
4/15/2020
Update
10/15/2020
Update
12/30/2020
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 #2019-
652 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.
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. 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 10. Publicizing the grant and the Foundation in Grantee's publications and communications
in a manner consistent with similar grants obtained by Grantee is permitted.
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A1611133D5
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.
9. 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.
10. Contact: For all communications regarding this grant, please contact the Foundation by
email at HomeRegion@wffmail.com. Please reference Grant 92019-652 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 November 27, 2019 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.
Walton Family Foundation, Inc.,
�DocuSigned a A4_61&1by:
S11/25/2019 1 9:25:42 AM CST
By:
Lisa Montez (Date)
Secretary and General Counsel
City of Fayetteville
DocuSigned by:
�tbin,t,� 2l6r " 11/27/2019 i 10:46:03 AM CST
By:
ionel ordan (Date)
Mayor
DocuSign Envelope ID: D4BBEFD5-5FB0-4452-A5D6-217A16111331D5
Appendix A: City of Fayetteville
Midtown Trail
Outputs And Outcomes
Who will do what and how much? By when? Measured or
evaluated by?
Outputs
The City of Fayetteville will select a qualified, experienced
Executed contract
consultant to complete the design of the Midtown Trail
12/20/2019
project.
The selected consultant will develop a design schedule and
01/15/2020
(Schedule)
Receipt of design
submit plans at each specified level (30/60/90% completion)
Plan set
schedule and plan sets
for internal review and a third -party review and comment as
for review at each
part of the design process.
vary ws
benchmark
The selected design firm and City will lead at least two public
input sessions (at least one within the neighborhood) and
Meeting agendas,
utilize an online public engagement tool to guide the
attendance and
development of conceptual designs that will create the most
04/30/2020
conceptual design
desirable facility. The design firm will present conceptual
drawings will be
designs to the Active Transportation Advisory Committee
provided.
and the Transportation Committee. At least 50 participants
will engage in the public input process.
The selected design team will produce a set of final
construction- and bid -ready Plans, Specifications and
Estimates, along with a full bid package, for at least 2.5 miles
Construction
of on -street bicycle/pedestrian infrastructure in the Porter,
documents provided to
Deane, Garland, Sycamore and Poplar Street corridors for
12/20/2020
be reviewed by a
the city to bid for construction. All designs will be prepared to
Walton Family
meet uniform design and construction standards, and where
Foundation consultant
possible utilize Complete Streets and National Association of
City Transportation Officials best practices for bicycle -friendly
streets.
Outcomes
The City of Fayetteville will commit matching funding in the
Letter from Mayor
minimum amount of $410,000 and cover any remaining costs
12/20/2019
to complete the project design and construction documents.
The City will commit to utilizing the City of Fayetteville
Targeted Bicycle Network Strategy developed for the
12/20/2019
Letter from City
NWARPC by Toole Design to guide the Midtown Trail
Engineer
improvements.
The City will approve the final construction plans and
Copy of approvals,
establish a phasing plan, construction schedule and funding
12/20/2020
preliminary schedule
plan for the project.
and funding plan