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Home My WebLink About2021-06-28 - Agendas - FinalFayetteville Advertising and Promotion Commission June 28th, 2021 2:00 p.m. Location: Fayetteville Town Center, 15 West Mountain, Fayetteville AR Commissioners: Katherine Kinney, Chair, Tourism & Hospitality Representative Todd Martin, Tourism & Hospitality Representative Chrissy Sanderson, Tourism & Hospitality Representative Elvis Moya, Tourism & Hospitality Representative Andrew Prysby, Commissioner at -large Matthew Petty, City Council Representative Sarah Bunch, City Council Representative Staff: Molly Rawn, Chief Executive Officer; Jennifer Walker, Vice President of Finance; and Hazel Hernandez, Vice President of Marketing and Communications Agenda Call to order at 2:00 p.m. II. Old Business A. Review and approval of May 2021 minutes III. New Business A. CEO Report, Molly Rawn B. Financial Report, Jennifer Walker, Vice President of Finance C. Marketing Report, Hazel Hernandez, Vice President of Marketing and Communications D. Vote. Approving a quote from Multi -Craft Contractors for replacement of a Town Center roof top HVAC unit. Memo attached. E. Presentation on the Dickson Street Art Court from Jordan Garner, Tyson Family Foundation F. Vote. Tyson Family Foundation Grant Memo attached. G. Agenda Additions. Additions to the agenda may be added upon request from a majority of commissioners. IV. Announcements V. Adjourn Fayetteville Advertising and Promotion Commission Minutes from May 2411, 2021 Meeting Virtual Public Meeting, Via Zoom Commissioners Present: Katherine Kinney, Chairperson, Matthew Petty, Todd Martin, Andrew Prysby, Sarah Bunch, Elvis Moya Commissioners Absent: Chrissy Sanderson Staff: Molly Rawn, CEO; Hazel Hernandez, VP of Marketing and Communications; and Jennifer Walker, VP of Finance Chairperson Kinney called the meeting to order at 2:00 p.m. Old Business a. Commissioner Martin motioned to approve the April 2021 minutes with Commissioner Petty seconding. The minutes were unanimously approved. III. New Business a. CEO Report i. HMR Data: Our numbers, which reflect March activity, are up more than 59% from a year ago. This reflects a 100% increase in lodging collections and a 55% increase in restaurant collections. ii. Visitors Center: We had $2,044 in sales and saw 455 visitors in April which is a 45% decline compared to April 2018 which is our closest comparison year as we were closed in April 2019 for remodeling and April 2020 for Covid. We are now open on Saturdays and are seeing many more visitors and more sales. iii. STR report from lodging institutions: Our average daily rate (ADR) is down 12% year to date. Additionally, our occupancy rate is down 5%. Rawn reminded the group that Fayetteville had really strong tourism months in January and February 2020 and it will take a few months to get occupancy and rates back to normal levels. iv. Finance snapshot: Our April revenue and expenses are targeted to be at 33% and they are both right at 30%, which is really positive news. v. Masks at Fayetteville Town Center: we understand the city will be addressing the mask ordinance next week. If repealed, our plan is that town center staff will wear masks but we will not require guests wear masks. b. Financial Report, Jennifer Walker, VP of Finance Total revenue and expenses for the year are on par with each other, running at about 30% of budget. Walker is pleased to be both closing the gap and also keeping our expenses in line with revenue. Pulling out just the HMR revenue, you can see that we are at 33% of budget. In giving the PPP Loan program summary, she stated we expect to have some if not all of these funds forgiven, and the report shows we're at 62.6% of usage of this loan. c. Marketing Report, Hazel Hernandez, VP of Marketing and Communications Website usage is significantly up compared to same time last year, showing a 50% increase in both overall users and sessions. Landing page last month was down 13% and is now up 39%; that is because we've just launched our paid summer media flight to our larger markets. Online guide requests saw an increase of about 1,500 and the breakdown by state is comparable to our targeted media campaigns. Hernandez then discussed our current paid search metrics. As a reminder, paid searches are ads that are served to viewers actively searching for us and they have all been doing well, with our leisure and town center searches garnering the most impressions and clicks. We see that our Spanish searches continue to do well. We will likely reduce spending to our Fayetteville Together search as our restaurants continue to rebound. Our restaurant flight ran January 18 to May 2nd. Everything performed really well, especially the social ads which were both static and video image ads with nearly a thousand people giving a post reaction to them. Our summer flight is the largest flight of the year, it's 8 weeks and is targeted to these areas: Little Rock, Dallas/Ft. Worth, Tulsa, Kansas City, and NWA. With just a few weeks of data in, we can already see the campaign is doing well. Hernandez explained that YouTube has a true view option, whereas viewers can opt out of ad content. She explained that the data we see from this is really favorable as it shows viewers who are really engaged with our content and showing strong interest in visiting. d. Medalist Sports Contract presentation and Vote CEO Rawn introduced a contract with Medalist Sports, an organization in Atlanta, with a long history of putting on UCI Championship events. Medalist Sports have submitted a contract to work with Experience Fayetteville to produce both the UCI World Cup in October and the UCI World Championship in January 2022. She stated that we are very impressed with them. The Medalist Sports team have been to Fayetteville for a working visit and have met with Rawn, Brannon Pack our Cycling Coordinator and Jennifer Walker our VP of Finance along with most of our team. Kevin Benjamin with Medalist Sports will be our project manager. Both Rawn and Vince Chadick have reviewed the contract and Rawn is asking the commission for permission to sign. Commissioner Moya make a motion to approve the approval for CEO Rawn to sign the agreement for the event management and consulting operations agreement and Commissioner Bunch seconded it. It passed unanimously. e. Discussion on returning to in person meetings: Chair Kinney opened this topic with Rawn stating we had the Town Center available if the commission would like to attend in person starting with the June meeting. Commissioner Kinney said she'd be happy to see commissioners in person next month if they are comfortable. The commissioners also stated that they are comfortable. Rawn clarified that while masks were not required, they were certainly optional. f. With no other topics, Rawn asked if Commissioner Martin would share a brief overview of his involvement with the Dickson Street Merchants Association (DSMA). Commissioner Martin began by saying that over the last few months the DSMA has gone through a bit of a transformation. They changed their bylaws last week to expand the territory to include these streets as boundaries: Arkansas Avenue for a west boundary, College Avenue as an east boundary, Rock Street as a south boundary and Maple Street as a north boundary, encompassing both Block Avenue and the square. Currently the name continues to be Dickson Street Merchants Association but he expects that will be addressed soon. A temporary seven -member board of directors was voted in to increase membership within a four -month period of time with the goal of voting in a permanent board of directors and bringing on board a full time Executive Director. It is their intent to continue to work with Experience Fayetteville and other organizations. g. Rawn shared she is a member of Fayetteville's Economic Recovery and Vitality Plan steering committee and is excited to serve promote the importance of tourism in economic recovery. She's looking forward to seeing how she can continue to work with area businesses and will keep this group in the loop. h. Adjourn: With no further business or announcements, Chair Kinney ended the meeting at 2:36 p.m. Minutes submitted by Amy Stockton, Director of Operations, Experience Fayetteville June Update Visitor Activity A. Occupancy is up 74% in May 2021 vs May 2020 B. YTD Occupancy is up 20% over the prior year C. 685 visitors in May 2021, down 42% from May of 2018, our last comparable data D. Total visitors center sales for May up 65% from the previous month. 1. Sold more than $1,000 in PRIDE merch, 100% of profits benefit NWA Equality Town Center A. In May, we hosted 27 meetings/events including a "Nurses Crushing COVID" appreciation reception B. We are still operating at 2/3 capacity and continually evaluating the limits of the space and ability to maintain a safe event environment for all. C. Airwall repair remains underway, but is nearing completion D. We are working through the remaining punch list items from the city's improvement of the plaza E. Hired Griffin Stroupe as full-time Sales Manager F. Hired Madison Hurley as full-time Event Manager G. 4th quarter is beginning to see significant increase in requests III. Looking forward A. Experience Fayetteville is partnering with Latinas en Bici for the Tour de Frida! a ride combining cycling and public art in a celebration of Frida Kahlo. This event is July 17th and more information is on our website and social media channels. B. August 26-29th the 44th Annual Joe Martin Stage Race and Experience Fayetteville Criterium. We are expecting thousands of spectators. C. US Trail Running Conference October 27-30' D. Spartan Us Trail Running Championship October 31 E. Sand Volleyball Tournaments returning to Fayetteville, July & September (2 Day events, upwards to 25 teams). 3.34% I Vrd I rill I I I Monthly A&P Tax Collections 2021 ** 7� 3.55% 0 C 0 !5 mve a 4.19% C !IIWellIL % change over previous year 0 20.14% jan S S apr (may jun jul I aug I sep Oct I nov I dec S2919852 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LC) C9 I� 00 G) O T- N m q Ln Q0 I� 00 Cr O N CY) � L-0 C9 I- 00 6) 0 N N N N N N (Iq N N N C`) C'7 C`7 C`') C`') CY') C'7 C`7 C`') C`) 171- -10.20% -18.43% 9.21 % 59.93% 100.72 % change from 2020 ** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department. Memo To: Molly Rawn, CEO, Experience Fayetteville From: Jennifer Walker, VP Finance, Experience Fayetteville Date: June 10, 2021 Re: Financial Statements — May 2021 This packet contains Experience Fayetteville Financial Statements for the month ended May 31, 2021. The following reports are included in the packet: • HMR Summary — April Activity / May Collections • Summary Financials for month ended May 31, 2021 • PPP Loan Summary (100% spent) • Experience Fayetteville Detail Financial Report • Expense Detail — Promotions, Sports, and Tourism Development • Accounts Receivable (A/R) Aging Summary • Accounts Payable (A/P) Aging Summary • Unearned Revenue Summary by Year and Client • Clinton House Museum Summary — May 2021 Target Budget February — 42% • Revenue target 42% of budget or higher by the end of May 2021. Expenditures target 42% or lower at May 2021. Total Revenue YTD: $1,537,575 or 38.7%; We are running 3% below target. Tax Receipts - $1,475,127 (note, we are now ahead of budget by 1 % ytd) Town Center - $40,213 (note $151 k+ unearned revenue on Balance Sheet) Other - $22,235 Total Expenditure YTD: $1,406,683 or 35.4%; we are 7% below budget target. EF Main - $1,190,416 Town Center - $216,267 Overall, HMR tax continued to rebound in May Collections (April activity), and YTD collections now exceed budget expectations by 1 %. We are not meeting overall revenue budget targets due to the Town Center shortfalls, but spending is well positioned with an Operating Net Income of $130,892 year to date. Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2021 CONSOLIDATED Year -to -Date Actual Budget Over/(Under) Budget %of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 1,475,127 3,460,576 (1,985,449) 42.6% Rental Revenue 35,718 350,250 (314,532) 10.2% Event Revenue 4,585 37,500 (32,915) 12.2% Visitor Center Store Revenue 10,434 45,258 (34,824) 23.1% Parking Revenue 5,344 21,500 (16,156) 24.9% Advertising Revenue 200 8,000 (7,800) 2.5% Other Revenue 1,363 - 1,363 0.0% WFF Cycling Coordinator Grant - 31,190 (31,190) 0.0% Interest and Investment Revenue 4,803 21,500 (16,697) 22.3% Total Revenue 1,537,575 3,975,774 (2,438,199) 38.7% Expenses Operating Expenses Rental Expenses 3,532 68,690 (65,158) 5.1% Event Expenses 11,894 73,800 (61,906) 16.1% Visitor Center & Museum Store 14,908 41,560 (26,652) 35.9% Personnel 459,811 1,329,680 (869,869) 34.6% Sales & Marketing 319,913 961,675 (641,762) 33.3% Office and Administrative 204,545 593,369 (388,824) 34.5% Bond Payments 292,081 707,000 (414,919) 41.3% Theatre5quared Contribution 100,000 200,000 (100,000) 50.0% Total Operating Expenses 1,406,683 3,975,774 (2,569,091) 35.4% Net Operating Income/(Loss) 130,892 - 130,892 0.0% Other Income Unrealized Gain/(Loss) on Investments 344,434 0.0% Other Expenses FIFE & Improvements 82,462 155,000 (72,538) 53.2% Depreciation Expense 58,334 0.0% Cost of Goods Sold (1,842) 0.0% Net Income/(Loss) (without Cyclocross Grants) 336,372 (155,000) 146,939 -217.0% Net Income/(Loss) for Cyclocross Events 364,293 Total Net Income/(Loss) 700,665 Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2021 Experience Fayetteville Year -to -Date Actual Budget Over/(Under) Budget % of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 1,475,127 3,460,576 (1,985,449) 42.6% Event Revenue 5,997 26,500 (20,503) 22.6% Visitor Center Store Revenue 10,434 45,258 (34,824) 23.1% Advertising Revenue 200 8,000 (7,800) 2.5% WFF Cycling Coordinator Grant 1,363 31,190 (29,827) 4.4% Interest and Investment Revenue 4,240 19,000 (14,761) 22.3% Total Revenue 1,497,361 3,590,524 (2,093,163) 41.7% Expenses Operating Expenses Event Expenses 10,574 62,800 (52,226) 16.8% Visitor Center & Museum Store 14,908 41,560 (26,652) 35.9% Personnel 345,549 910,718 (565,169) 37.9% Sales & Marketing 319,543 942,375 (622,832) 33.9% Office and Administrative 107,761 302,799 (195,038) 35.6% Bond Payments 292,081 707,000 (414,919) 41.3% TheatreSquared Contribution 100,000 200,000 (100,000) 50.0% Total Operating Expenses 1,190,416 3,167,252 (1,976,836) 37.6% Net Income/(Loss) Before Other Revenue and Expenses 306,946 423,272 (116,326) 72.5% Other Income Unrealized Gain/(Loss) on Investments 344,434 - 344,434 0.0% Other Expenses FFE & Improvements - 15,000 (15,000) 0.0% Depreciation Expense 31,389 Cost of Goods Sold (1,842) Net Income/(Loss) 621,833 408,272 (130,873) 152.3% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2021 Town Center Year -to -Date Actual Budget Over/(Under) Budget o of Budget / Revenue Rental Revenue 33,290 350,250 (316,960) 9.5% Event Revenue 1,015 11,000 (9,985) 9.2% Parking Revenue 5,344 21,500 (16,156) 24.9% Interest and Investment Revenue 564 2,500 (1,936) 22.6% Total Revenue 40,213 385,250 (345,037) 10.4% Expenses Operating Expenses Rental Expenses 3,532 68,690 (65,158) 5.1% Event Expenses 1,320 11,000 (9,680) 12.0% Personnel 114,262 418,962 (304,700) 27.3% Sales & Marketing 369 19,300 (18,931) 1.9% Office and Administrative 96,784 290,570 (193,786) 33.3% Total Operating Expenses 216,267 808,522 (592,255) 26.7% Net Income/(Loss) Before Other Revenue and Expenses (176,054) (423,272) 247,218 41.6% Other Expenses FFE & Improvements 82,462 140,000 (57,538) 41.1% Depreciation Expense 26,945 Net Income/(Loss) (285,461) (563,272) 277,811 50.7% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ May 31, 2021 Cyclocross Events Year -to -Date Actual Budget Over/(Under) Budget o / of Budget Revenue Other Revenue Cyclocross Grant Funds 750,666 675,000 75,666 111.2% Cyclocross Events Revenue - 288,500 (288,500) 0.0% Interest and Investment Revenue 842 3,000 (2,158) 28.1% Total Revenue 751,508 966,500 (214,992) 77.8% Expenses Operating Expenses Marketing 639 - 639 0.0% Office and Administrative Expenses 4,557 2,500 2,057 182.3% Cyclocross Events 382,019 1,342,089 (960,070) 28.5% Total Operating Expenses 387,215 1,344,589 (957,374) 28.8% Net Income/(Loss) 364,293 (378,089) 742,382 -96.4% Fayetteville A&P Commission Balance Sheet As of May 31, 2021 ASSETS Current Assets Cash 1,826,962 Investments 1,191,804 Accounts Receivable 374,119 Prepaid Expenses 21,583 Deposits 30,617 Visitors Guide Trade 3,502 Inventory Asset 13,908 Total Current Assets 3,462,494 Other Assets Capital Assets Furniture & Fixtures 96,641 Equipment 498,597 EF/CVB Building 940,410 EF/CVB Land 198,621 Building Additions 971,952 Walker -Stone House 1,167,218 Accumulated Depreciation (1,279,614) Total Other Assets 2,593,824 TOTAL ASSETS 6,056,318 LIABILITIES AND EQUITY Current Liabilities Accounts Payable 79,409 Unearned Revenue 151,238 PPP Loan Payable 245,900 Total Liabilities 476,547 Equity Unreserved Fund Balance 2,879,105 Operating Reserve 1,000,000 Capital Reserve 1,000,000 Temporarily Restricted Funds - Net Revenue Gain/(Loss) on Investments 344,434 Net Revenue without Cyclocross (8,061) Net Revenue for Cyclocross 364,293 700,665 Total Equity 5,579,771 TOTAL LIABILITIES AND EQUITY 6,056,318 Fayetteville A and P Commission PPP Loan Program Summary Year -to -Date @ May 31, 2021 PPP Loan 2021 Year -to -Date, May 312021 Actual Budgeted Variance Percent Spent Inflows Loan Funds Received 245,900 245,900 - 100.0% Total Inflows 245,900 245,900 - 100.0% Outflows Personnel Payroll 204,282 200,000 (4,282) 102.1% Benefits 23,742 23,900 158 99.3% Other Rental Expenses (Town Center) 2,000 2,000 - 100.0% Utilities 15,875 20,000 4,125 79.4% Total Operating Expenses 245,900 245,900 0 100.0% Remaining Funds Available 0 - JAN m PdAY 202 JAN m PdAY 202 Overall Users: 120,53 Overall Sessions: 139,4 914 1 L� Organic Search (Users): 5478 ........................... Landing Page Views: 22,3 Online Guide Requests: r 4,78 61669m0 :� 1115 1 E 1 ipboo a il:% ,915 (+64% Texas: M Missourim Oklahoma Kansas: � Y) These numbers apply to PDF downloads and Flipbook Views Only. JAN M FAAY 2021 TV Mo i k New visitors accounted fC' fusers This is trending with secondar Pcity travel !tr1?s,,,, as prospects research less populated destinations. As Fayetteville is set to host cyclo-cross events, European site visits are up significantly YOY. Including: German W Finland Belgium it he-Tolpmcontent draws thus far in 2021 /visitfayetteville (landing page) /46-things-to-do /guide /experience/events /eat ` /events/ProCupMTB L /sleep I 9 ilymuiIIIL49illn le served,14;oaid search impr i May, with c icks to the 1 i1yett ville website, for an over he search phrase with the ma: ras "Festivals Fayetteville. Alf aid search traffic had the hiahc 111VIA CN[11]10Vr[:-M[1]1[1IT01:41■1►►&.111HK 1 w;erit nTn 1 :411 K things to do in fayetteville ar X All Maps a Images Shopping [M Nevin : More Tools About 15,300,000 results (1.14 seconds) Act - www.experiencefayetteville.com/thingstodo Experience Fayetteville - There's something for everyone Attractions, lodging, dining, family fun and more are a click away. Start nowt Lights Of The Ozarks. Experience. Services: Dining, Sleep, Shopping, Art, Outdoors, Events. Sleep { Eat - Sports - About � Lights Of The Ozarks 9 2863 Old Missouri Rd Suite 106-C, Fayetteville, AR - Hours & services may vary https://www.tripadvisor.com ) Attractions-g31589-Acti... THE 1BEST Thine to Do in Fayetteville - 2021 (with Photos ... Results 1 - 30 of 94 — Things to Do in Fayetteville - 1. Fayetteville Downtown Square & Gardens - 2. Baum Stadium - 3. Botanical Garden of the Ozarks . 4. Fayetteville Underground - Lake Fayetteville - Fayetteville Downtown Square... Memo To: Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission; Fayetteville Advertising and Promotion Commissioners From: Tyler Wilson, General Manager, Fayetteville Town Center Miletus Callahan-Barile, Facilities Manager, Fayetteville Town Center Date: June 14, 2021 Re: RTU 3 Unit Replacement at Fayetteville Town Center Background: Upon inspection, The Fayetteville Town Center must replace one of the two HVAC units due to the inability to repair functionality. The current bid from Multi -Craft Contractors includes complete turnkey install of the new RTU 3 Unit and removal of the malfunctioning unit. Multi - Craft Contractors estimate the cost of this project to be $45,760.00 with all taxes and fees included. Two additional bids were not requested due to the existing maintenance contract between The Fayetteville Town Center and Multi -craft Contractors. Recommendation: It is the recommendation of the facilities manager and the Fayetteville Town Center General Manager that the commission accepts the quote for unit replacement from Multi -Craft Contractors. The RTU 3 quote from Multi -Craft Contractors outlining the project's full scope and itemized costs is attached. May 25, 2021 FTC 15 W Mountain St Fayetteville, AR 72701 RE: RTU 3/Replacement 27.5 to Trane MCC _'11 MULTI -CRAFT CONTRACTORS, INC. From Concept to Complednn ■ Quote: 11S05131352 Attn: Miletus Barille P H : 512-470-8808 miletus@twncenter.com The Service division of Multi -Craft Contractors, Inc. is pleased to present the following proposal. Scope of work: • Complete JSA (Job Site Safety Analysis) before work begins. • Disable and Lock Out corresponding electrical circuit. • Provide necessary permits for closing off of South Block Ave for crane access. • Provide hauling, crane, and rigging req's for removing and installing of RTU 3 (Trane like for like). • Disconnect electrical, plumbing, and controls; remove and dispose of unit per EPA standards. • Provide and install NEW 27.5 ton Rooftop unit. • Provide and install new electrical disconnect. • Provide and install and configure factory economizer sectional option. • Provide and install factory condensing coil hail guards option. • Provide all material(s) and component(s) to connect all necessary controls, electrical, and plumbing services. • Return RTU electrical service perform startup and verify proper equipment and control(s) operation(s). • Integrate NEW RTU 3 into BMS and verify all proper operation. Exclusions: • Any scopes/repairs/replacements not stated above are not included. Warranty: • RTU to come with standard manufacturer warranty. • MCC to provide 1 year labor warranty Parts and Materials: $ 35,472.00 plus applicable taxes Labor: $ 3,278.00 Crane/rentals/permits: $ 2,850.00 plus applicable taxes Price Before tax: $ 41,600.00 Total Price: $ 45,760.00 all taxes included This price is based upon all work being performed during normal daytime business hours. Above stated price is valid through June 24, 2021. We appreciate this opportunity to be of service to you. If you have any questions, please contact us. Page 1 of 3 Initials_ Sincerely, Tony Chavez Project Manager Multi -Craft Contractors, Inc. Office: (479) 751-7411 Cell: (479) 236.8443 Notice to Proceed Please provide written acceptance of this proposal via approval signature below, or purchase order referencing the proposal number herein. Payment Terms On contracts exceeding $5,000, a 25% down payment will be required upon acceptance. Monthly progress payments may be required depending on the length of the project at MCC's discretion. Progress payments will not exceed 90% of the total contract amount. The final 10% will be invoiced upon completion. Purchaser agrees to pay Multi -Craft Contractors, Inc. (MCC) for the performance of the work as set forth herein, subject to revision via written change orders signed by both parties. Credit card payments will be subject to added 3% convenience fee. Payments due in full no later than 30 days from invoice date. Payments due and invoices unpaid shall bear interest at the maximum lawful rate. Terms as follows: • Balance due net 30 days Warranty and Exclusions A. Customer will provide and permit reasonable access to all necessary areas. MCC will be allowed to start and stop equipment as necessary to perform its services and be permitted access to existing facilities and building services covered under this Agreement. B. In the unlikely event of failure to perform its obligations, MCC's liability is limited to repair or replacement at its option. Under no circumstances will MCC be responsible for loss of use, loss of profits, or increased operating claims of the customer, or any special, indirect or consequential damages. C. The agreement does not include responsibility for system design deficiencies, such as, but not limited to poor air distribution, water flow imbalances, etc. It does not include responsibility for system, equipment and component obsolescence, electrical failures, unserviceable equipment, and operating the system(s). D. MCC will not be liable for delays or failure to obligate due to fire, flood, freezing, unavailability of material, riots, acts of God, or any cause beyond reasonable control. E. This agreement does not include any services occasioned by improper operation, negligence except the negligence of MCC, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by MCC. Also excluded is the furnishing of materials and supplies for painting or refurbishing equipment. F. MCC shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, Federal, State, Municipal or other authorities except as otherwise included in this Agreement. G. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and defending the claim, as the case may be. H. MCC shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. MCC shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this Agreement. MCC shall not be held liable for any loss by reason of delays in transportation, delays caused by priority or preference rating, or orders or regulations established by any government, authority, or agency. I. In the event of additional freight, labor, or material costs resulting from the customer's request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, the customer agrees to pay these additional costs. J. MCC's service shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event MCC encounters such material in performing its work, MCC will have the right to discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists. K. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced. L. This agreement does not include the disposal of hazardous waste. Any charges incurred for their proper disposal will be borne by the customer as an extra to the contract price. Disputes Page 2 of 3 Initials Disputes arising out of or in relation to this document that cannot be resolved first through direct discussion between parties involved, shall be decided by arbitration at the location of the project or Multi -Craft Contractors Inc.'s office at Multi -Craft Contractors Inc.'s discretion, and shall be governed by Arkansas law. This agreement is severable, and any part deemed unenforceable shall not render the remaining parts unenforceable. Authorized Purchaser & Title Purchase Order Number Acceptance Date FTC 11S05131352 If accepted please sign and fax to 479-751-0316 Page 3 of 3 Initials Jordan Garner Project Lead, Art Court {•yf ya�J �°1r � ��y w f .� R - • � • �yT�T. ;RV '�� 'Cal IF rr � . •:may "4 �r7� ~ r• r r�rft 411. :... ter■ � ' #- ��++��s-- � �I { � V� '� ;� ` � i �� ' �♦ ., !p .� l f � �` � � �' . r �+ � '� . ��. p * � _ _ .... �� ' � � i .. � f ' � , .� . �� 1 ANIL IFTYSON FAMILY FOUNDATION (D CaI CONTRACTORS B L K B Q X An unexpected intersection of art and sport. Fall 2021. RIGHT HERE. 4YERS JL_ENGINEERING 11-FAYE-T T-E V I LL I E I D G Memo To: Fayetteville Advertising and Promotion Commissioners From: Molly Rawn, CEO, Experience Fayetteville Date: June 28, 2021 Re: Dickson Street Art Court project; Tyson Family Foundation grant Background: Beginning with the adoption of the Fayetteville Downtown Master Plan in 2004, the City of Fayetteville has been working to build a Downtown environment that values walkability, additional housing, economic growth, and culture & creativity. With the development of the Cultural and Entertainment Overlay District, the recent adoption of the Cultural Arts Corridor (2019), and the designation of an Outdoor Refreshment Area (ORA; 2020) to support the needs of the Downtown District and Square District businesses, the city has exhibited continued support of the Master Plan. As the official Destination Marketing Organization for the city, Experience Fayetteville recognizes that these goals also lead to positive economic impact due to increased tourism. Included in the Master Plan are specific notations of "special places" as well as the cultural district development goals to beautify and animate the city and to contribute to a creative innovative environment. The intent of this project is to create a short term "special place" leased to Experience Fayetteville as a public -private partnership supported by private philanthropic dollars, led by the Tyson Family Foundation. This property in question is the former Dickson Street Theatre, located to the East of Dickson Street Liquor and to the West of a parking lot used by the businesses in the former Ozark Mountain Smokehouse. The property owner is in the process of developing a pocket -park type of experience by transforming it into an art court with basketball elements. While yet -to -be officially named, the working title for the purposes of planning documents is the Art Court. The Art Court's intended use is for pick-up basketball game play and community engagement through immersive experience. This is intended as a temporary, short-term project, open to the community for a three-year period. Representatives from the Tyson Family Foundation began discussions with Experience Fayetteville staff in early 2020 about the potential for a partnership, specifically related to Experience Fayetteville's operation and promotion of the space. Experience Fayetteville's facilities manager, marketing team, and CEO have met regularly with project team over the course of the past year. Recommendation: It is the recommendation of the CEO that the Fayetteville Advertising and Promotion Commission accept a grant totaling $236,566 over a three-year period. The distribution schedule is below. Installment Amount Date #1 $79,630 July 1, 2021 #2 $75,970 July 31, 2022 #3 $80,966 July 31, 2023 Grant funds will be used for the operation of the space including, but not limited to, determining and communicating regular operating hours; opening and closing functions; cleaning, upkeep, utilities, and basic maintenance; and maintaining a marketing presence for the site. Staff is not seeking approval to enter in to a lease agreement at this time, though that is forthcoming.