The URL can be used to link to this page

Home My WebLink About2021-11-22 - Agendas - FinalFayetteville Advertising and Promotion Commission November 22, 2021 Location: Fayetteville Town Center 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 Sarah Bunch, City Council Representative Staff: Molly Rawn, CEO; Jennifer Walker, Vice President of Finance; Hazel Hernandez, Vice President of Marketing and Communications Agenda Call to order at 2:00 p.m. Old Business A. Review and approval of October 2021 minutes. III. New Business A. CEO Report. An executive overview of the previous month. B. Financial Report. Jennifer Walker, Vice President of Finance C. Marketing Report. Hazel Hernandez, Vice President of Marketing and Communication D. Vote. Contract with Boondock, Inc. d.b.a Texino. Approval of a contract totaling $113,800 for the purchase of a sprinter van and interior build out for the Mobile Visitors Center. Memo Attached. E. Vote. Cyclo-cross Vendor Payment Approval. Seeking approval for the payments in the attached Cyclocross Report — Contracts and Expenditures F. Presentation and Discussion. Clinton House Museum Board of Directors. Jana Mayfield, board President and Mark Henry, Vice -President, discuss the museum's plans for 2022 and what funding is needed from the A&P Commission. G. Agenda Additions. Additions to the agenda may be added upon request from a majority of commissioners. IV. Announcements: Next meeting, Monday, December 13' at 2:00 p.m. in person at the Fayetteville Town Center. V. Adjourn Fayetteville Advertising and Promotion Commission Minutes from October 25, 2021 Virtual Meeting via Zoom Commissioners Chrissy Sanderson, Andrew Prysby, Elvis Moya Present: Todd Martin Commissioners Katherine Kinney, Chair; Sarah Bunch, Absent: Staff: Tina Archer -Cope, Vice President of Sales; Jennifer Walker, Vice President of Finance; Ashley Cane, Marketing Manager; Brannon Pack, Director of Cycling Tourism I. Commissioner Sanderson called the meeting to order at 2:02 pm noting that she would be chairing this meeting in Commissioner Kinney's absence. She also noted that CEO Molly Rawn would not be present. II. Old Business a. Commissioner Prysby motioned to approve the August 2021 minutes with Commissioner Moya seconding. The minutes were unanimously approved. III. New Business a. CEO Report, Tina Archer -Cope, Vice President of Sales Tina presented this report, noting that CEO Molly Rawn was in Denmark accepting an award on behalf of Experience Fayetteville and the city of Fayetteville for Cycling. Archer -Cope began by noting that HMR collections are now exceeding budget expectations by 9.5%, or $240,315. She pointed out both a 13.7% lodging and 5.3% restaurant increase for September 2021 compared to September 2019. Additionally, we see the ADR, Average Daily Rate, for lodging for September 2021 at $131.34 compared to $116.27 for 2019, noting this is great news for our industry and community. In Personnel, Archer -Cope also noted that we hired Jerrika Longueville to serve as our Digital Media Coordinator to join the Marketing and Communications team. Visitors Center numbers for September saw an over 300% increase in both visitors and sales compared to September 2020 which was our first month open since the beginning of the pandemic. The Fayetteville Town Center tower repair is complete, and the contractors are now beginning interior repairs, with minimal client impact. RT 3 is installed and functioning. Furthermore, she noted that commissioners may have seen the fence enclosures on the plaza as a building project for 5 W. Mountain is beginning. Community Engagement held a very successful First Thursday event in October to close out the season and has also introduced Lights of the Ozarks information and vendor applications. Archer -Cope also noted that we will be hosting the US Capital Christmas Tree, a partnership with Choose Outdoors and several other organizations. Archer -Cope discussed her own department, Sales, mentioned they were involved in the second annual Hill City Rumble event, interacting with more than 250 motorcyclists. Additionally, Experience Fayetteville helped host the USTA Pro -Circuit Tennis event at the U of A with 30+ players from around the globe. In Cycling, she noted that the Arkansas High Country Race once again started and ended on the Fayetteville Downtown Square, which was, for the first time won by a female competitor. b. Financial Report presented by Jennifer Walker, VP of Finance In presenting the financials, Walker stated that you'll see at the end of September both our expenditure and revenue targets are at 75% and we see our expenditures at just at 60% and that our revenues are above target at 82%. She noted this is great work by everyone. Regarding the HMR numbers, you'll note on the HMR slide on page 18 of the presentation that we are now exceeding 2019 HMR YTD. You'll note that the PPP Forgiveness Loan is now listed as Other Income on the P&L as it has moved off our Balance Sheet as a liability. Year to date you'll see we have a net income of $871,000. Cyclo-Cross spending has ramped up with the World Cup just occurring and the commission will get a report on Cyclo-Cross spending at the November meeting. Our unreserved fund balance is at $3.3 million, and that is in addition to our two reserve funds. c. Marketing Report presented by Ashley Cane, Marketing Manager Cane presented the report, showing promotional materials for Cyclo-Cross World Cup and World Championships. In talking about the many successes of the UCI Cyclo-Cross World Cup event, she shared that we had over 50 accredited media attend this event, this has helped us garner even more attention worldwide. Cane then debuted the UCI World Championship poster and noted that all efforts are ramping up for the January event which may have more than 15,000 in attendance. Cane ended by sharing the Spartan Race promotional materials. This two day, 4 event is to be held the last weekend of October and is presented by Experience Fayetteville. d. UCI Cyclo-Cross World Cup Recap, presented by Brannon Pack, Director of Cycling Tourism Pack celebrated the success of this singular event and highlighted how it was a test for all the systems that will be employed on an even larger scale for the World Championship event in January. By the numbers: Professional athletes: 87, 42 men and 45 women. 12 countries represented 5 inches of rain and over 1,800 spectators with the event airing internationally with it being prime time watching in Europe, the UK and Belgium. e. Vote. Cox Communications contract renewal. Commissioner Sanderson presented the Cox Communications contract renewal and asked if there were any questions. With none, the motion to approve the Cox Communication Contract renewal was made by Commissioner Moya and seconded by Commissioner Prysby and it passed unanimously by a roll call vote. f. Vote. Mobile Visitors Center. Commissioner Sanderson asked if someone could present a little more about this item and VP of Finance Jennifer Walker did so. Walker referred to the memo the commissioners received and noted that we are and will continue to see outdoor events come back and grow in number and attendance and this is a way to really engage with those in attendance. We are not asking for additional revenue for this expense, it would come from a reallocation of existing 2021 budget dollars. The staff recommendation is to approve the line item so that we can proceed with this project. This is a very specialized vehicle, but we were able to receive two bids on it. Commissioner Sanderson thanked Walker for the information and asked if there were questions. Commissioner Moya asked if we had any renderings of what this might look like and Walker said that we did, it would be a Sprinter style van and she could email those renderings out. Commissioner Moya asked if this van would travel to festivals outside of Fayetteville. Commissioner Martin requested that we make a motion per parliamentary procedure and then continue with discussion. Commissioner Martin made a motion to approve the line item, seconded by Commissioner Sanderson. Then discussion and questions occurred. VP of Sales, Tina Archer -Cope answered the question that we would indeed use it frequently. Commissioner Martin said he was in favor of this as it was central to our mission of driving tourism. Commissioner Prysby mentioned he was excited about this project and even saw the large benefits of promoting where the mobile visitors center will be to generate excitement before the event even occurs. With no more questions, Commissioner Sanders asked if the commission was ready to vote on the motion, which was approved unanimously by a roll call vote. Commissioner Sanders reminded everyone that the next meeting would be in person, Monday, November 22 at 2 pm at the Fayetteville Town Center. With no further agenda items Commissioner Sanderson adjourned the meeting at 2:34 pm. Minutes submitted by Amy Stockton, Director of Operations CEO Updates November 2021 HMR and Financial More detail is shared in the financial report, but we are 9% ahead of our revenue target, as of October 31It. We are 13% below our budget target for expenses. I expect the expense gap to close as we have some expenses between now and year end. 2021 YTD HMR tax collections are $163,217 more than 2019 YTD Collections. • Growth over 2020 YTD 50% • Growth over 2019, YTD 17.6% • October lodging collections: 4.5% increase from 2019 • October restaurant collections: 17% increase from 2019 Lodging Data ** October STR data not available as of packet publishing, data will be updated and presented at meeting. • Occupancy % October 2019 — 66.5% • Occupancy % October 2020 — 50% • Occupancy % October 2021 — Personnel We promoted Eden Moore to Visitors Center Manager. Eden has worked in the Visitors Center on a part time basis since May 2021. The Fayetteville Town Center hired Philip Purifoy as a part time Event Coordinator as events are increasing. Visitor Center Sales and Attendance • VC saw 858 visitors in October 2021 o Decrease 13% from prior month • VC had $2,455.15 in sales in October 2021 o Down 48% from prior month Fayetteville Town Center • Fayetteville Town Center hosted five internal events and 11 external meetings and events since our last reporting at the October commission meeting. • Year to date, we have diverted 3.6 tons of compostable waste from our events through our partnership with Food Loops. We completed the waste area restoration and have eliminated many unnecessary waste containers in that area. In addition, we have enclosed this area and will continue efforts to make the loading dock area more aesthetically appealing. We have continued to make progress on the tower repairs and begin internal repairs on November 15th. We made upgrades to the terrace light system and now have them on an automatic photocell system. We hope to continue upgrading this space to make it a more inviting space for public use. We installed additional Wi-Fi access points throughout the event space to increase signal and access for guests. Community Engagement The US Capitol Tree Tour coordination and installation with Choose Outdoors, US Forest Service, University of Arkansas, UAPD, Razorback Athletics, and FPD was a great success. Special thanks to Commissioner Moya for all your help in coordinating this event which was attended by well over 2,500. Lights of the Ozarks Light night is Friday November 191h. We have had a very positive response to our effort to enhance the partnership with the square merchants. We are excited to return the light night parade and Santa for the Lights of the Ozarks season. We will have a wide variety of new vendors throughout the season. Registration for vendors for the 2022 Walmart UCI World Championships Expo in January will open Tuesday, November 23rd on the website, cyclocrossfayettevi I lear2022.com Experience Fayetteville Sales • The Sales team secured and contracted multiple room blocks for the 2022 Arkansas Governor's Conference on Tourism. • The US Trail Running Conference returned for the second year to Fayetteville Town Center in partnership with our host hotels, the Graduate Fayetteville and La Quinta Inn and Suites. • They had 50 race organizers in attendance for the main three days of this conference with a gathering of over 100 persons on their final community day of Saturday, October 30th. • Experience Fayetteville hosted Fayetteville's first Spartan US Trail Championship on Saturday 10/30 and Sunday 10/31 with over 240 registered runners. • These runners were largely from outside our state coming from California, Texas, New Mexico and Arizona. We partnered with the two host hotels for the Trail Running Conference. USTA/ ITF (United States Tennis Association & International Tennis Federation) alongside NWA Tennis Productions and Experience Fayetteville hosted their 2nd of the two annual Pro Circuit Tennis events at the University of Arkansas (Oct 28- November 7th). Cycling • We announced Walmart as the title sponsors for the 2022 Walmart UCI Cyclo-Cross World Championships • Tickets are on sale now! We had a tremendous response selling over 500 in the first two days, and still climbing. • As of this printing, over half of our available VIP spots have been sold. • Local, Regional, and National engagement initiatives continue including: o Several scheduled presentations for multiple Rotary and Chamber organizations across the Northwest Arkansas Region focused on driving both regional attendance and volunteerism ■ Hosting two separate presentations specifically for our Fayetteville HMR partners in December ■ These hosted presentations will include information for both our restaurant and hotel partners to gain a better understanding of the World Championships demographic, schedule and include community partnership opportunities to help "Welcome the World" next January. o Experience Fayetteville staff will be in attendance at this year's USAC Cyclo- Cross National Championships in December — a multiday opportunity to engage the country's cyclo-cross audience and fan base ahead of January's World Championships Clinton House Museum Representatives from the Clinton House Museum board Jana Mayfield, President, and Mark Henry, Vice -President have engaged the University as it relates to renewing the Clinton House Museum lease. • The board has doubled in size, an important step in the museums path to independence. • Progress has been made regarding securing a university partner to store the museum's collections in a way they are accessible for students and others. This is both budget relieving and mission centric. Commission Announcements • The December meeting will be a budget -only session, held Monday December 13th at 2 p.m. in person. 0 The budget will be distributed to commissioners two weeks in advance. Tentative 2022 Commission schedule, 4th Monday at 2 p.m. at Fayetteville Town Center: January 24th *Week of Cyclo-Cross World Championship February 28th *During Arkansas Governor's Conference on Tourism March 28th April 25th May 23rd June 27th July 25th August 22nd September 26th October 24th November 28th *December 12th — budget presentation A Vrd��"' IIII' Monthly A&P Tax Collections 2021 ** • C 7� Han-C a • steel$ 4.12% 4.22% 4.30% C • 0 -19.63% % change over previous year • • 31.04% jan S S apr (may jun jul aug sep oct 8 nov I dec S2919852 S3599813 S3379169 p p O 0 0 CD CD CD CD 0 0 CD CD 0 0 CD CD CD CD CD CD CD CD CD CD CD 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 CS o o C5 o 0 0 0 0 0 0 0 0 0 0 0 0 o CT CT CT CT o 0 LC) C9 I� 00 G) O N m q Ln Q0 r- 00 CT O N C Y) 't L.0 Q0 I- 00 M CD T T- � N N N N N N N N N N C'7 C'7 C`') C`7 C`) C'0 CY) C'') C`7 C`) lzzt -10.20% -18.43% 9.21 % 59.93% 100.72 % 58.21 49.02% 31.84% 22.81 50.29% change from 2020 -4.22% -17.05% 5.06% 5.02% 9.14% 10.52% 5.78% 17.62% change from 2019 ** This represents one half of the total HMR collections. The other half supports the Parks and Recreation department. Memo P l[AY� To: Molly Rawn, CEO, Experience Fayetteville Fayetteville Advertising & Promotion Commissioners From: Jennifer Walker, VP Finance, Experience Fayetteville Date: November 10, 2021 Re: Financial Statements — October 2021 This packet contains Experience Fayetteville Financial Statements for the month ended October 31, 2021. The following reports are included in the packet: • Summary P&L Financials for month ended October 31, 2021 • Balance Sheet for month ended October 31, 2021 Target Budget September — 83% • Revenue target 83% of budget or higher by the end of October 2021. Expenditures target 83% or lower at October 2021. Total Revenue YTD: $3,762,867 or 92%; We are 9% ahead of target. Tax Receipts - $3,233,272 (ahead of budget by 10% ytd) Town Center - $128,615 (note $29k+ unearned revenue on Balance Sheet) PPP Loan Forgiveness - $245,900 Other - $155,080 Total Operating Expenditure YTD: $2,827,350 or 70%; 13% below budget target. EF Main - $2,349,002 Town Center - $478,348 HMR tax continues to exceed expectations in October Collections (September activity), and YTD collections now exceed budget expectations by 12% and $315,181. 2021 YTD HMR tax collections are $84,271 more than 2019 YTD Collections. Operating Net Income is $1,081,581 year to date. Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ October 31, 2021 CONSOLIDATED Year -to -Date Actual Budget Over/(Under) Budget %of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 3,233,272 3,460,575 (227,303) 93.4% Rental Revenue 110,654 350,250 (239,596) 31.6% Event Revenue 19,042 37,500 (18,458) 50.8% Visitor Center Store Revenue 35,320 45,258 (9,938) 78.0% Parking Revenue 17,432 21,500 (4,068) 81.1% Advertising Revenue 450 8,000 (7,550) 5.6% Other Revenue 328,534 91,230 237,304 0.0% WFF Cycling Coordinator Grant 10,528 31,190 (20,662) 33.8% Interest and Investment Revenue 7,635 21,500 (13,865) 35.5% Total Revenue 3,762,867 4,067,003 (304,136) 92.5% Expenses Operating Expenses Rental Expenses 18,177 68,690 (50,513) 26.5% Event Expenses 52,051 73,800 (21,749) 70.5% Visitor Center & Museum Store 39,219 41,560 (2,341) 94.4% Personnel 956,204 1,329,679 (373,475) 71.9% Sales & Marketing 539,884 961,675 (421,791) 56.1% Office and Administrative 432,654 593,369 (160,715) 72.9% Bond Payments 584,162 707,000 (122,838) 82.6% Other grants 5,000 91,230 (86,230) 0.0% TheatreSquared Contribution 200,000 200,000 100.0% Total Operating Expenses 2,827,350 4,067,003 (1,239,653) 69.5% Net Operating Income/(Loss) 935,517 - 935,517 0.0% Other Income Unrealized Gain/(Loss) on Investments 422,202 0.0% Other Expenses FIFE & Improvements 164,554 218,250 (53,696) 75.4% Depreciation Expense 116,667 0.0% Cost of Goods Sold (5,083) 0.0% Net Income/(Loss) (without Cyclocross Grants) 1,081,581 (218,250) 877,629 -495.6% Net Income/(Loss) for Cyclocross Events 1,193,628 Total Net Income/(Loss) 2,275,209 Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ October 31, 2021 Experience Fayetteville Year -to -Date Actual Budget Over/(Under) Budget %of Budget Revenue Hotel, Motel, Restaurant Taxes Revenue 3,233,272 3,460,576 (227,304) 93.4% Event Revenue 19,306 26,500 (7,194) 72.9% Visitor Center Store Revenue 35,320 45,258 (9,938) 78.0% Advertising Revenue 450 8,000 (7,550) 5.6% Grant Revenue (Cycling Coord / DSAC) 339,062 122,420 216,642 277.0% Interest and Investment Revenue 6,841 19,000 (12,159) 36.0% Total Revenue 3,634,251 3,681,754 (47,503) 98.7% Expenses Operating Expenses Event Expenses 47,669 62,800 (15,131) 75.9% Visitor Center & Museum Store 39,219 41,560 (2,341) 94.4% Personnel 704,730 910,718 (205,988) 77.4% Sales & Marketing 538,818 942,375 (403,557) 57.2% Office and Administrative 229,404 302,799 (73,395) 75.8% Bond Payments 584,162 707,000 (122,838) 82.6% Other Grants 5,000 91,230 (86,230) 0.0% TheatreSquared Contribution 200,000 200,000 - 100.0% Total Operating Expenses 2,349,002 3,258,482 (909,480) 72.1% Net Income/(Loss) Before Other Revenue and Expenses 1,285,249 423,272 861,977 303.6% Other Income Unrealized Gain/(Loss) on Investments 422,202 - 422,202 0.0% Other Expenses FIFE & Improvements - 15,000 (15,000) 0.0% Depreciation Expense 62,778 Cost of Goods Sold (5,083) Net Income/(Loss) 1,649,757 408,272 819,283 404.1% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ October 31, 2021 Town Center Year -to -Date Actual Budget Over/(Under) Budget o of Budget / Revenue Rental Revenue 108,227 350,250 (242,023) 30.9% Event Revenue 2,163 11,000 (8,837) 19.7% Parking Revenue 17,432 21,500 (4,068) 81.1% Interest and Investment Revenue 793 2,500 (1,707) 31.7% Total Revenue 128,615 385,250 (256,635) 33.4% Expenses Operating Expenses Rental Expenses 16,399 68,690 (52,291) 23.9% Event Expenses 6,159 11,000 (4,841) 56.0% Personnel 251,474 418,962 (167,488) 60.0% Sales & Marketing 1,065 19,300 (18,235) 5.5% Office and Administrative 203,250 290,570 (87,320) 69.9% Total Operating Expenses 478,348 808,522 (330,174) 59.2% Net Income/(Loss) Before Other Revenue and Expenses (349,732) (423,272) 73,540 82.6% Other Expenses FFE & Improvements 164,554 203,250 (38,696) 19.0% Depreciation Expense 53,889 Net Income/(Loss) 1 (568,176) (626,522) 58,346 1 90.7% Modified Accrual Fayetteville A and P Commission Statement of Budget, Revenue and Expense Year -to -Date @ October 31, 2021 Cyclocross Events Year -to -Date Actual Budget Over/(Under) Budget o / of Budget Revenue Other Revenue Cyclocross Grant Funds 2,200,000 675,000 1,525,000 325.9% Cyclocross Events Revenue 46,336 288,500 (242,164) 16.1% Interest and Investment Revenue 2,584 3,000 (416) 86.1% Total Revenue 2,248,920 966,500 1,282,420 232.7% Expenses Operating Expenses Contract Labor 6,078 - 6,078 0.0% Marketing 37,349 - 37,349 0.0% Office and Administrative Expenses 66,339 2,500 63,839 2653.6% Cyclocross Events 945,526 1,342,089 (396,563) 70.5% Total Operating Expenses 1,055,292 1,344,589 (289,297) 78.5% Net Income/(Loss) 1,193,628 (378,089) 1,571,717 -315.7% Grant Carry -Forward 766,069 Cumulative Net Income / (Loss) 1,959,697 Fayetteville A&P Commission Balance Sheet As of October 31, 2021 ASSETS Current Assets Cash 3,877,904 Investments 1,265,198 Accounts Receivable 436,514 Prepaid Expenses 41,106 Deposits 30,617 Visitors Guide Trade 3,052 Inventory Asset 17,148 Total Current Assets 5,671,540 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 (1,337,948) Total Other Assets 2,535,491 TOTAL ASSETS 8,207,031 LIABILITIES AND EQUITY Current Liabilities Accounts Payable 151,111 Unearned Revenue 139,786 Total Liabilities 290,896 Equity Unreserved Fund Balance 3,280,660 Operating Reserve 1,000,000 Capital Reserve 1,000,000 Temporarily Restricted Funds 360,265 Net Revenue Gain/(Loss) on Investments 422,202 Net Revenue without Cyclocross 659,379 Net Revenue for Cyclocross 1,193,628 2,275,209 Total Equity 7,916,134 TOTAL LIABILITIES AND EQUITY 8,207,031 ' � IIMI 2021 ACTIVITY. JAN OCT SE ICE Mobile. 71% w Desktop.0 26 Vo w Tablet. 3 Yo ' � I 021 ACTIVITY. JAN OCT AVERAG ME ON PAGE Minute M I Seconds r -i ' � I1021 ACTIVITY. JAN OCT P REQUISITION CHANNELS Organic Search Paid Search Social Direct Other FIVE North America 021 ACTIVITY.0 JAN = OCT INENTS Southern Asia Northern Europe Eastern Asia Western Europe ' � I 021 ACTIVITY. JAN OCT OPIEN r 1. Arkansas � 2. Texas 3. Oklahoma 4. Missouri 5. Colorado 6. Tennessee 7. Kansas 8. Illinois 9. California 10. North Carolina JAI 021 ACTIVITY. JAN = OCT ................................................................................. T POPULAR PAGES 1. /homepage 2. /vmlsitfayettevmille 3. /46=Thoings To Do 4. /guide 5. /events 6. /eat 7. /downtownfayettev'ille � m 8. /events=CX=Champ'lonsh'lp 9. /nwampride 10, /expermience ry r yw f x ■ +hi 13 In .1: 'wide nraudie6e fr•� 'rt frx art U �II lrld harnpiorihips + .�fr 2022 CYCLO-CROSS WORLD C HAMPI 0 N S H IPS IM 2n22 1p -, 1 11 11 CYCLOCR S.SIFAYETTEVIL AR2022.COM I I � }FAYE7TVILt I I Memo E PulY,, To: Fayetteville Advertising & Promotion Commissioners From: Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission Date: November 17, 2021 Re: Texino Services Agreement for Mobile Visitors Center Background: The attached Texino Services Agreement covers work to design and build out a mobile visitors center for Experience Fayetteville. The mobile vehicle is estimated to be complete and available for service in early January 2022. The Commission approved funding for this project at the October 2021 meeting. This contract covers the vehicle and interior build out with accessories for a total of approximately $113,800. The total project is budgeted at $150,000. Details of the build out are included on the invoice in Attachment B to the agreement. Staff Recommendation: A vote authorizing Experience Fayetteville CEO Molly Rawn to execute the attached service agreement with Boondock Inc "Texino." DocuSign Envelope ID: CBA347DA-1125-4D17-889F-C7BEB12D4C51 TEXINO SERVICES AGREEMENT This Services Agreement (the "Agreement") is entered into as of ("Effective Date") by and between Boondock, Inc., a Delaware corporation, with offices located at 3021 Rowena Avenue, Los Angeles, CA 90039 ("Texino"), and Fayetteville Advertising and Prorgotion governmental agency est. bywith an address at 21 S Block Ave, Fayetteville, AR 72701 ("Customer"). Commission d/b/a Experience Ord. No. 2310 of City of Fayetteville Fayetteville WHEREAS, Customer currently owns or desires to purchase vehicles from a vehicle manufacturer (the "Vehicles"), which is more fully described on the attached Exhibit A; WHEREAS, Customer desires for Texino to perform certain services to build, outfit, convert, or otherwise modify certain elements of the Vehicle(s) (the "Services"), which Services are or will be more specifically described on the invoice attached hereto on Exhibit B (the "Invoice"); and WHEREAS, Texino desires to perform the Services for the price listed on Exhibit B (the "Build Price"). NOW THEREFORE, for the consideration set forth herein, the receipt and sufficiency of which both parties acknowledge, the parties hereby enter into this Agreement pursuant to the following terms and conditions: 1. The Vehicles. Customer currently owns or is in the process of purchasing the Vehicle(s). If Customer owns the Vehicle(s), the vehicle identification number(s) are as listed on the attached Exhibit A. If Customer does not yet own the Vehicle(s), the information requested on Exhibit A will be completed and initialed by both parties when Customer purchases the Vehicle(s). 2. Build Price. Customer understands that the Build Price is based on the Services listed on the Invoice. If Customer requests that Texino perform any additional services or items of work not listed on the Invoice, Customer understands that those requests or changes may result in a change to the Build Price. a. Revised Invoices. If Customer requests any changes to the Invoice, Texino will prepare a revised Invoice and submit it to Customer for Customer's signature and approval ("Revised Invoice"). If the Build Price increases as a result of a Revised Invoice, then Customer will be responsible for paying to Texino the additional amount due within three (3) days of the execution of the Revised Invoice. b. Additional Services. In the event that Customer purchases additional vehicles and requests the services of Texino to build, outfit, convert, or otherwise modify certain elements of such vehicle or vehicles, Texino will provide a separate invoice to Customer for such services for Customer's signature. Such additional services shall be governed by the terms of this Agreement unless a separate agreement is executed between Customer and Texino and specifically states that its terms govern the invoice. 3. Build Date. exino estimates that the Services will be completed on or 1 about T(the "Build Date"). Customer understands that Texino has a set schedule of builds, conversions, or modifications for various vehicles other than the Vehicle(s) ("Build Schedule"), and that any change to the Invoice or the Services may result in a change to the Build Date. Customer further understands that the Build Date is only an estimated completion date and that any number of factors may result in a delay or change to the Build Date, including but not limited to a Revised Invoice or a delayed payment of the Build Price or supply chain issues. A change in the Build Date by Texino will not be grounds for a refund of the Build Price. The Customer understands and accepts that Texino's performance of the Services will require Texino to have possession of the Vehicle(s) through the Build Date, and that during that time, Customer will not have access to the Vehicle(s) until they are completed. 4. Payment Schedule for Customers Not Securing Financing. The Build Price is due and payable no later than three (3) days after the Effective Date. Texino will not begin to perform the Services, including the ordering of supplies and materials related to the Services, until it has received the full payment of the Build Price from the Customer and the funds have cleared Texino's bank account. 5. Payment Schedule for Customers Securing Financing. If Customer is or has secured auto financing as payment for the Services, the financial institution providing the auto loan (the "Lender") will pay the Build Price to Texino. Texino will not begin to perform the Services, including the ordering of supplies and materials related to the Services, until it has received the full payment of the Build Price from the Lender and the funds have cleared Texino's bank account. 6. Vehicle Delivery. Customer is responsible for the delivery of the Vehicle(s) to and from Texino's production facility, including making any necessary arrangements for delivery and paying for any costs associated with shipping or delivery unless specifically included on the Invoice. The Vehicle(s) must be delivered completely empty of Customer's personal belongings and showroom clean inside and out. 7. Used or Damaged Vehicles. If the Vehicle(s) have been previously used or has been damaged and repaired, Customer must set forth all relevant information and details regarding the amount of prior usage and any previous damage or accidents on Exhibit A attached hereto. Texino will conduct an evaluation of any damage and quality of the repair, and Texino reserves the right to refuse to perform the Services, in its sole discretion. If Customer does not disclose the fact that the Vehicle(s) have been previously used or has been damaged and repaired, Texino reserves the right to refuse to perform the Services on the Vehicles. a. Non-Texino Vehicle Modifications. If any after -market or non - original vehicle manufacturer modifications have been made to the Vehicle(s) (i.e., after -market stereo/backup camera, after -market wheels, trailer hitch, after -market lights, etc.), Customer must specifically list any such modifications on the attached Exhibit A and provide Texino with the opportunity to physically inspect the Vehicles within three (3) days of the execution of this Agreement. If Customer is unable to access the Vehicles for any reason, Customer must inform Texino of such before execution of this Agreement, provide Texino with an estimated date upon which Customer will have access to the Vehicle(s) and schedule a date for Texino's physical inspection of the Vehicle(s). Texino reserves the right to determine whether the Vehicle(s) are suitable for the Services based on any modifications, and Texino has the right to terminate this Agreement if the modifications make the build unreasonably costly or time consuming as determined by Texino in its sole discretion. If Texino deems the Vehicle(s) to be unsuitable for the Services, Customer will lose its position in the Build Schedule and Texino will not be bound to perform the Services. 8. Refunds. Any monetary amounts paid to Texino by Customer are not refundable unless explicitly set forth in this Agreement 9. Changes in Products and Product Cost. Texino is continuously improving its products and uses suppliers from around the world to source the highest quality components for its conversions. Texino explicitly reserves the right to replace component parts or products listed in the Invoice if Texino deems, in its sole discretion, that those replacement products or component parts are of similar quality to any listed in the Invoice. 10. Limited Warranty. Texino provides a limited warranty for the Services against defects in workmanship for one (1) year from the date that Texino completes the Services and returns the Vehicle(s) to Customer's possession. Texino's sole obligation under such limited warranty is to repair, or at its option, replace or repair any defective aspects of the Services, which such repairs or replacements must take place at Texino's location. Customer shall have no other remedy under such limited warranty and shall be solely responsible for the delivery of the Vehicle(s) to and from Texino's facility for such work, including any costs related to such delivery. All special, incidental, and consequential damages are expressly excluded. 11. CUSTOMER'S ACKNOWLEDGEMENT. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT TEXINO IS NOT A VEHICLE MANUFACTURER OR DEALER, IS NOT THE "SELLER" OF THE VEHICLES, AND THAT TEXINO HAS NO RESPONSIBILITY OR LIABILITY REGARDING ANY ELEMENTS OF THE VEHICLE THAT ORIGINATED WITH THE VEHICLE MANUFACTURER, INCLUDING BUT NOT LIMITED TO MECHANICAL SYSTEMS. THE CUSTOMER FURTHER UNDERSTANDS THAT THE SERVICES MAY TEXINO SERVICES AGREEMENT DocuSign Envelope ID: CBA347DA-1 125-4D1 7-889F-C7BEB1 2D4C51 REQUIRE EXTENSIVE MODIFICATIONS OF THE VEHICLE THAT MAY FUNDAMENTALLY AND PERMANENTLY ALTER THE VEHICLE(S) FROM THEIR ORIGINAL OR CURRENT CONDITION. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMINATE THE SIGNIFICANT DANGERS INHERENT IN DRIVING A VEHICLE AND EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK OF PERSONAL INJURY OR DEATH, WHETHER FORESEEABLE OR NOT, AND WHETHER CAUSED BY NEGLIGENCE OR NOT, SUSTAINED IN CONNECTION WITH USE OF THE VEHICLES. TEXINO IS NOT RESPONSIBLE FOR ANY DEFECTS IN ANY APPLIANCES NOT MANUFACTURED BY TEXINO. 12. Customer Indemnity. Customer hereby voluntarily releases, discharges, waives and forever relinquishes any and all claims or causes of action for personal injury, property damage, wrongful death, damage, cost, or other expense which may arise out of or in connection with this Agreement and the Vehicle(s). Customer, on behalf of itself, its successors, assigns, heirs, family members and affiliates, hereby indemnifies, defends and forever will hold Texino harmless for any loss, damage, injury, cost or other expense it incurs in connection with this Agreement, the Vehicle(s), or the willful, intentional or negligent act of the Customer, its successors, assigns, heirs, family members or affiliates. 13. Entire Agreement. The parties hereto agree and acknowledge that this Agreement constitutes the full and entire understanding and agreement between the parties with respect to the subject matter hereof, and any other written or oral agreement relating to the subject matter hereof existing between the parties is expressly canceled. Except as otherwise set forth herein, this Agreement and any Exhibit to this Agreement may only be amended by a written instrument signed by Texino and Customer. 14. Severability. If any clause or provision of this Agreement shall be held invalid or void for any reason, such invalid or void clause or provision shall not affect the whole of this Agreement and the balance of the provisions of this Agreement shall remain in full force and effect. 15. Authority. Customer represents and warrants to Texino that Customer has the full authority to enter into this Agreement, and that there is no other party with an interest in the Vehicle(s) whose joinder in this Agreement is necessary. 16. Termination. Texino, in its sole discretion, has the right to terminate this Agreement at any time before Texino has received any payments from Customer for any or no reason by providing written notice to Customer. The Customer acknowledges that in the event of Texino's termination of this Agreement, Customer's sole legal remedy is limited to a return of monies paid (pursuant to the terms of this Agreement), minus Texino's costs up until that date to perform the Services. Customer has no rights to any damages in law or equity and agrees Customer will take no actions to recover any loss. The Customer further agrees that Customer will take no action that will damage the reputation of Texino due to the termination of this Agreement. The Customer acknowledges that any actions on Customer's part which are directly or indirectly intended to damage Texino's future sales or marketplace reputation may cause financial damage to Texino for which the Customer may be legally responsible. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles or policies of conflicts of laws of such state. Any dispute, claim or controversy arising out of or relating to this Agreement shall be subject to the jurisdiction of the state and federal courts located in Los Angeles County, California. 18. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. 19. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Customer. Customer covenants and agrees for itself and for its successors and assigns that the conveyance of any interest in the Vehicle(s) to any other person or entity shall constitute an assumption by such successors, assigns or transferees of all of the duties and obligations arising under this Agreement and upon any such conveyance predecessor - in -interest of such assuming party shall be deemed to be relieved from any and all obligations or responsibilities arising under this Agreement. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. A facsimile, pdf, or other electronic signature of any party shall be considered to have the same binding legal effect as an original signature and shall be immediately binding upon such party. 21. Miscellaneous. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's reasonable control, including, without limitation, the following: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; provided however none of the foregoing events will be deemed to relieve Customer from timely paying the amounts owed hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as a sealed instrument, effective as of the date and year first written above. TEXINO CUSTOMER Name: Name:M011 y Rawn Title: Title: Date: Date: TEXINO SERVICES AGREEMENT DocuSign Envelope ID: CBA347DA-1125-4D17-889F-C7BEB12D4C51 EXHIBIT A DESCRIPTION OF VEHICLE(S) Vehicle Manufacturer: Mercedes-Benz Make: Mercedes-Benz Model: Sprinter Vehicle Identification Numbers (VIN): tbd tbd List All After -Market Modifications (if any): Amount of Previous Use: Previous Accidents (if any): Other Features: Customer Initials: Texino Initials: TEXINO SERVICES AGREEMENT DocuSign Envelope ID: CBA347DA-1125-4D17-889F-C7BEB12D4C51 EXHIBIT B THE SERVICES The attached invoice lists all elements of and items included in the Services that have been requested by Customer. Additional description (if any): [INVOICE ATTACHED] TEXINO SERVICES AGREEMENT DocuSign Envelope ID: CBA347DA-1 125-4D1 7-889F-C7BEB1 2D4C51 11EXIN01 Attention: Experience Fayetteville Date: 10/17/21 Project Title: Fayetteville Tourist Experience Invoice Number: 114 DESCRIPTION INVOICE 323-456-6666 matt.mojarro@texino.com 3021 Rowena Ave. Los Angeles, CA 90039 PARTS LABOR I TOTAL Interior Build Out ------------ ----------------------------- Smart Ltrack flooring and installation kit ------------ $ 4,692.00 $ 1,500.00 $ 6,192.00 --------------------------------------- Windows ------------ ; $ 1,542.13 $ 1,059.74 $ 2,601.87 Sound deadening, insulation and wall panels ------------ ° $ 3,459.58 $ 2,400.00 $ 5,859.58 Interior LED Lighting, Exterior LED Porch Lighting (Side and Rear), ----------------- $ 2,852.45 $ 1,300.00 $ 4,152.45 Air Conditioner $ 2,433.87 $ 498.75 $ 2,932.62 110V Inverter Kit: 3000 Watt Inverter, Shore Power Hookup, $ 3,848.23 $ 2,400.00 $ 6,248.23 Electrical Panel, Circuit Breakers, Wall Outlets --------------- 12V Solar electrical package:300 AmpH Powersonic battery bank, $ 10,856.34 $ 4,765.00 $ 15,621.34 230 watt solar panel, solar charge controller, and USB charging ports Backyard pro courtyard series tent 10' x 15' (white) steel leg $ 165.00 $ 100.00 $ 265.00 24 x 69 Pegboard shelving display, floor standing, collapsible design $ 349.00 $ 450.00 $ 799.00 Global industrial single sided adjustable bicycle packing rack, $ 76.12 $ 100.00 $ 176.12 5 item capacity Tablet photo booth selfie station, LED light, adjustable height, floor stand) $ 1,063.19 $ 300.00 $ 1,363.19 backdrop impact pro rapid 5' x 7' portable background (white) B2 box and bike mount (passenger -side only) $ 1,978.95 $ 498.00 $ 2,476.95 1 UP bike tray (horizontal w/ locking pin) Fiamma F45 10" w/ motor adapter for motorized operation $ 1,812.00 $ 300.00 $ 2,112.00 4' Caterer style table, patio folding chairs (2), foldable bar stools (2), $ 1,262.45 $ 500.00 $ 1,762.45 outdoor area rug (5x7), Igloo legacy 54gt cooler, Mercedes 2021 Sprinter 2500 $ 51,847.77 $ 51,847.77 $ 0.00 Subtotal $ 88,239.08 $ 16,171.49 $ 104,410.57 Service charge Tax $ 9,347.45 Total $ 88,239.08 $ 25,518.94 1 $ 113,758.02 Memo UFA To: Fayetteville Advertising & Promotion Commissioners Molly Rawn, CEO, Fayetteville Advertising and Promotion Commission From: Jennifer Walker, VP Finance, Experience Fayetteville Date: November 11, 2021 Re: Summary of Cyclo-cross Expenses to Date In July 2021, the Commission approved a limited amendment to Experience Fayetteville financial policies for the presentation of Cyclo-cross Grant Funded Vendor Payments in a batch presentation after each event. The UCI Cyclo-cross World Cup event was held in Fayetteville, AR on October 13, 2021. Two reports follow that provide an accounting of funds spent through October 31, 2021 and payments to vendors totaling more than $20,000. Staff is pleased to report that the World Cup event came in under budget and with great success. Preparations are underway for the upcoming Walmart UCI World Championship event in January 2022. Staff Recommendation: A vote approving the payments in the attached report for Vendors paid more than $20,000. Modified Accrual Cyclo-Cross Events Statement of Revenue and Expense Year -to -Date @ October 31, 2021 Revenue Actual Other Revenue Cyclocross Grant Funds 3,450,000 Cyclocross Sponsorships 42,500 Cyclocross Event Revenue 11,257 Interest and Investment Revenue 2,584 Total Revenue 3,506,341 Expenses Actual Event Expenses Rights Fees - rights, prize, licensing 561,433 Technical - TV Production 8,063 Operations - Hotels, Travel, Staff 80,539 Technical Sport - Medical, Safety, Course structure 57,528 Production - Fencing, Power, Structures, A/V 164,487 Hospitality 28,695 Marketing/ Promotions 84,448 Signage 39,050 Travel 62,412 Staff - Race Directors, Contract labor 412,167 Admin - bank fees, insurance 36,245 Volunteers 300 Other - Total Operating Expenses 1,535,367 Net Income/(Loss) 1,970,974 Summary of Cyclo-Cross Spending Payments to vendors greater than $20,000 June 2021 through October 2021 Edgewood Partners Insurance Center Flanders Classics Hugg & Hall Equipment Co Intents Party Rentals Inter -Mtn Enterprises Inc Medalist Sports LLC Orange Guy Inc Sells Agency, Inc. Union Cycliste Internationale Vision Screen Printing & Graphics Event Insurance $22,118 Rights Fees $60,354 Power / Generators $39,071 Tent Rentals $25,655 Fencing $38,761 Race Directors $219,480 Fencing $30,000 Marketing $30,848 Rights Fees $33,809 Signage $25,460