AGENDA ADVERTISING AND PROMOTION COMMISSION June 9, 2014 2:00 p.m. Fayetteville Town Center I. Call to Order – Ching Mong II. Reports A.Approval of the minutes for May, 2014 B.Financial Report 1. HMR Revenues – Marilyn Heifner 2. Financial Statements – Jerri Kuburich 3. Update from City Attorney re: delinquent tax collection efforts – Kit Williams C.Departmental Reports 1. Clinton House Museum 2. CVB 3. Town Center 4. Executive Director D.Agency Report III. Old Business IV. New Business A.Hiring an A & P Attorney V. Adjourn ADVERTISING AND PROMOTION COMMISSION REGULAR MEETING May 12, 2014 Commissioners Present: Ching Mong, Matt Behrend, Bobby Ferrell, Tim Freeman, Matthew Petty, and Hannah Withers Commissioner Absent: Justin Tennant Staff Present: Marilyn Heifner and Sandra Bennett Prior to the meeting being called to order, Sandra reported on the Town Center’s operation report for April. Returned contracts are up 27%, completed events are up 17%, Sales dollars by returned contracts up 49%, collections up 18%, executed contracts up 200% and average per event sale up 18%. Marilyn made the following announcements 1) Krappie Kings will be here May 22-25 filming a fishing show on Lake Sequoyah. They will feature a Fayetteville attraction and a cooking segment at Café Rue Orleans. 2) Walmart Shareholders meeting will be June 6. We can expect a lot of out of town visitors here for the week. 3) Wednesday, May 28 from 4 – 6 p.m. will be a launching party for the new Insiders Guide. New featured profile people will be introduced. Bob Davis’ widow, Sally, has been invited to unveil the memorial page to Bob and John Burrow. REPORTS Because of the discussion of the Funding Requests, the departmental reports were included in the agenda as an informational items only. OLD BUSINESS None NEW BUSINESS A. 2014 Audit – Eric Hoyt and John Evans representing Beall Barclay presented the 2014 Audit. Eric said The Commission had been given a clean audit on the regulatory basis of accounting and a clean opinion on Internal Controls. There were no material misstatements found in the audit. Moved by Petty to approve the financials and the audit, second by Withers. Motion carried. B. Funding Requests for April 2014 cycle Commissioners discussed each request and make approved the following amounts:   Date  of  Event   June  -­‐  Sept   Sept  12-­‐13,  2014   October  18,  2014   October  3-­‐4.  2014   year  round  map   year  round  map    May,2014-­‐Dec,2015     November  9,  2014   September  1,  2014   December  31,  2014   Nov  21-­‐Dec  31,  2014   December  5-­‐6,  2014   October  2-­‐5,2014   Oct.  4,  2014   October  18,2014    November,  2014       Funding  Request   ARK  Challenge   Banff  Mountain  Film  Festival   Hero  Half  Marathon   Hispanic  Heritage  Festival   Ozark  Highlands  Trail  map   Ozark  Regional  Transit  map   Artists'  Laboratory  Theatre   Fayetteville  Half  Marathon   Hooten's  Classic   Last  Night  Fayetteville   Lights  of  the  Ozarks   Little  Craft  Show   Offshoot  Film  Fest   Oktoberfest   Puppets  in  the  Park   Theatre  Squared  Gala  for  Education         Commission    Request          approved      $            28,000      $                                              -­‐          $                3,500      $                    1,000.00      $            19,000      $                    4,000.00      $            15,000      $                    5,000.00      $                5,000      $                    5,000.00      $                7,900      $                    7,900.00      $                8,514      $                    5,000.00      $            20,000      $                    1,500.00      $            10,000      $                    5,000.00      $            16,000      $              11,500.00      $            15,000      $              15,000.00      $            24,500      $                    7,000.00      $            17,500      $                    5,500.00      $            20,000      $                    2,500.00      $                7,000      $                    2,000.00      $            15,000      $                    3,000.00              $        153,514      $              80,900.00     Moved by Withers, second by Ferrell to approve the above funding. Motion carried. OTHER BUSINESS Mong announced that the Hog Eye Marathon and the Bentonville Marathon will be the same weekend. Discussion followed. There being no further business, the meeting adjourned. Respectfully submitted, Marilyn Heifner Executive Director, Fayetteville A & P Commission City of Fayetteville, Arkansas Monthly HMR Tax Collections 2010-2013 2011 Total HMR Taxes 2012 Total HMR Taxes 2012 Change Over Prior Year 2013 Total HMR Taxes 2013 Change Over Prior Year 2014 Total HMR Taxes 2014 Change Over Prior Year January $179,546 $205,939 14.70% 211,138 2.52% $ 202,477 -4.10% February $158,037 $178,289 12.81% 187,562 5.20% $ 203,022 8.24% March $169,093 $201,015 18.88% 213,526 6.22% $ 213,212 -0.01% April $187,976 $217,840 15.89% 228,865 5.06% $ 230,939 0.01% May $188,149 $203,966 8.41% 228,289 11.93% $ 236,098 3.42% June $205,700 $222,062 7.95% 218,829 -1.45% July $205,438 $214,750 4.53% 227,971 5.79% August $189,839 $202,624 6.73% 206,873 2.10% September $195,427 $215,653 10.35% 226,103 4.85% October $214,713 $241,017 12.25% 243,129 0.01% November $203,529 $210,335 3.34% 231,456 10.04% December $202,027 $208,518 3.21% 210,064 0.74% $2,299,473 $2,522,008 9.68% $ 1,085,747 1.53% Total \filename $ $2,633,805 4.43% Advertising and Promotion Commission For month of May 2014 Current Year HMR Collected (2120.0912.4101.00) Prior Year Collected (2120.0912.4101.01) First Security Investment Interest Revenue (2120.0912.4708.00) $ $ $ 234,459.62 1,638.02 1,135.64 Total Revenues $ 237,233.28 Annual Bond Audit Expense (2120.9120.7602.60) Collection Expense (2120.9120.5333.00) Bank of OK Quarterly Fee (2120.9120.5712.00) Town Center Bond Payment (2120.9120.5712.00) 2012 Property Taxes on Town Center (2120.9120.7602.60) $ $ $ $ $ (4,721.95) (1,125.00) (55,801.58) - Total Expenses $ (61,648.53) Total Check to A&P $ 175,584.75 ~ This report represents HMR collections through the end of the month. These figures may include past due amounts. Fayetteville A & P Commission 10:18 AM Balance Sheet 06/05/14 Accrual Basis As of May 31, 2014 May 31, 14 ASSETS Current Assets Checking/Savings 09500 · Cash 10000 · CVB Cash in Register 10050 · TC Cash on Hand 10100 · CHM Cash In Register 10200 · Arvest A&P General #4856 10300 · 1st Security A&P General #8714 10400 · 1st Security Fayetteville TC 10500 · 1st Security Clinton House 10600 · 1st Security CVB # 8730 10700 · Arvest Payroll Account #4636 100.00 200.00 100.00 5,328.50 13,346.04 121,636.25 16,973.35 45,696.43 15,186.51 Total 09500 · Cash 218,567.08 Total Checking/Savings 218,567.08 Accounts Receivable 11000 · Accounts Receivable 10,997.89 Total Accounts Receivable 10,997.89 Other Current Assets 11400 · Due From Other Funds 11500 · Prepaid Expenses 12100 · Inventory Asset 13000 · Investments 13100 · Investment Adj. to Market 13000 · Investments - Other Total 13000 · Investments Total Other Current Assets Total Current Assets Other Assets 14500 · Capital Assets 15000 · Furniture and Fixtures 15100 · Equipment 15500 · CVB Building 15510 · CVB Land 15600 · Building Additions 17300 · Accumulated Depreciation Total 14500 · Capital Assets Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 20000 · Accounts Payable Total Accounts Payable 25,920.66 8,314.17 12,380.78 -3,968.63 1,811,402.20 1,807,433.57 1,854,049.18 2,083,614.15 34,550.01 134,098.62 930,569.02 198,621.00 472,538.72 -443,305.00 1,327,072.37 1,327,072.37 3,410,686.52 17,083.43 17,083.43 Other Current Liabilities 23002 · Colonial Life& Acc Ins. Payabl 24000 · Payroll Liabilities 24500 · Due to Other Funds 24800 · Unearned Revenue 2014 24900 · Unearned Revenue 2015 96.58 6,603.98 4,721.95 113,825.85 8,450.00 Total Other Current Liabilities 133,698.36 Total Current Liabilities 150,781.79 Page 1 Fayetteville A & P Commission 10:18 AM Balance Sheet 06/05/14 Accrual Basis As of May 31, 2014 May 31, 14 Total Liabilities 150,781.79 Equity 39005 · Fund Balance Net Income 3,220,969.91 38,934.82 Total Equity 3,259,904.73 TOTAL LIABILITIES & EQUITY 3,410,686.52 Page 2 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CONSOLIDATED A & P COMMISSION 2014 May Year to Date Annual Budget Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual Revenue 40000 · Hotel, Motel, Restaurant Taxes 40200 · PY Hotel, Motel, Restaurant Tax 40600 · Rental Income 40700 · 1st Thursday Income 40800 · Other Income 41000 · Parking Revenue 41001 · Parking Lease 41200 · Gift Shop Sales 41300 · Visitor Store 41400 · Partership Income 41600 · Admission Revenue 2,611,138 1,069,380 1,050,361 1,560,777 228,289 234,460 1,037,587 0 0 35,386 -35,386 0 1,638 31,858 440,976 189,100 160,846 280,130 42,000 42,379 189,117 36,000 22,000 9,849 26,151 4,000 445 20,640 650 450 6,153 -5,503 100 2,623 2,326 7,071 3,008 1,689 5,382 600 0 5,253 11,221 7,424 5,322 5,899 3,870 250 17,453 5,400 2,350 2,363 3,037 750 599 2,629 38,000 12,000 8,854 29,146 4,500 2,931 13,523 0 0 0 0 0 0 3,000 11,650 5,800 5,299 6,351 2,000 2,000 6,100 8,880 3,700 3,584 5,296 740 741 0 42000 · Special Projects 28,532 11,890 29,510 -978 2,378 8,865 4,300 42600 · Interest Income Investments 41700 · Health Reimbursement 11,850 4,950 3,422 8,428 990 1,136 3,322 42800 · Interest Income Checking 3,600 1,508 1,570 2,030 306 333 2,214 42900 · Visitor Guide Ad Income 40,000 20,000 19,581 18,381 10,000 1,200 25,450 43200 · LOTO Income 0 0 0 0 0 0 250 454,465 100,000 65,000 389,465 0 50,000 0 3,709,433 1,453,560 1,408,788 2,298,606 300,523 349,599 1,365,022 23,000 9,500 4,634 18,366 1,500 1,215 727 Total COG 23,000 9,500 4,634 18,366 1,500 1,215 727 Gross Profit 3,686,433 1,444,060 1,404,154 2,280,240 299,023 348,384 1,364,295 200 60 0 200 20 0 35 98000 · Transfer In Total Revenue Cost of Goods 50000 · Cost of Goods Expenditures 60400 · Bank Service Charges Page 1 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CONSOLIDATED A & P COMMISSION 2014 May Year to Date Annual Budget 61000 · Signage-Tourism 61500 · Credit Card Discounts Accum Budget 12,000 Actual 5,000 2,079 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 9,921 1,000 542 5,602 9,300 3,750 2,684 6,616 750 955 4,112 62500 · Advertising & Marketing 401,000 140,000 183,791 217,209 25,000 7,309 200,205 62600 · Brochures 175,000 50,000 27,779 147,221 15,000 9,154 111,213 62700 · Website Update 35,000 15,000 0 35,000 15,000 0 0 63000 · Accounting & Legal Fees 12,000 5,000 1,347 10,653 1,000 1,347 290 63100 · Audit Expense 10,000 8,000 8,400 1,600 8,000 0 8,000 63300 · Insurance Expense 64000 · Office Expense 64100 · Visitor Store Expense 64200 · Marketing Expense 0 0 0 0 0 0 0 19,950 8,500 5,111 14,839 2,300 875 9,074 0 0 0 0 0 0 6,173 0 0 0 0 0 0 0 64500 · Insurance - Building 12,000 0 0 12,000 0 0 0 65000 · Insurance & Health Benefits 96,756 39,410 37,559 59,197 7,882 7,566 24,496 65500 · 408 (K) Company Match 17,269 6,880 5,187 12,082 1,376 1,037 5,648 3,600 1,500 1,500 2,100 300 300 1,500 66000 · Car Allowance 66500 · Telephone Expense / Internet 18,360 7,642 6,257 12,103 1,528 1,288 5,554 67000 · Postage & Shipping Expense 19,260 8,700 13,211 6,049 2,600 1,363 7,709 67100 · Tracking Software 14,295 3,295 4,672 9,623 0 0 0 68100 · Rent 12,000 12,000 12,000 0 0 0 12,000 8,000 200 0 8,000 0 0 25 139,000 57,750 40,344 98,656 0 6,847 64,238 7,500 3,125 554 6,946 625 0 3,494 68700 · Linens 27,926 11,476 11,972 15,954 2,350 1,619 6,862 69500 · Publication & Dues 15,815 13,500 14,908 907 2,350 3,075 12,643 70000 · Travel / Training Expense 67,148 31,103 31,449 35,699 350 3,856 20,969 6,600 3,317 4,219 2,381 2,583 1,177 5,416 71000 · Collections Expense 49,648 20,687 21,715 27,933 4,137 4,722 21,389 72000 · Payroll Tax Expense 49,075 19,938 19,010 30,065 3,874 3,467 20,457 72500 · Depreciation Expense 20,000 8,325 0 20,000 1,665 0 11,911 73000 · Convention Development 62,750 30,050 23,168 39,582 8,000 7,021 31,225 76500 · Contract Labor 48,800 19,980 19,259 29,541 4,116 3,868 22,766 68400 · Maintenance / Lawn 68500 · Repairs & Maintenance Expense 68600 · Peace Fountain Maintenance 70500 · Taxes & Licenses Page 2 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CONSOLIDATED A & P COMMISSION 2014 May Year to Date Annual Budget 77500 · Salaries Expense Accum Budget Actual 559,957 222,720 78000 · Electric Utilities 74,217 78100 · Gas Utility 11,035 78200 · Water Utilitiy 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 222,610 337,347 44,544 43,703 218,574 29,310 27,334 46,883 6,283 7,205 26,812 7,964 10,150 885 716 760 11,251 10,601 3,623 3,596 7,005 735 910 3,559 78500 · Security 4,475 1,865 740 3,735 373 22 807 78600 · Airport Advertising 7,140 1,785 4,500 2,640 0 0 3,570 174,500 106,000 104,896 69,604 0 143,770 5,646 78700 · Minor Equipment 78800 · Airport Info Booth 5,200 2,400 2,400 2,800 0 1,200 2,400 89000 · Other Expense / Unallocated 10,204 20,000 0 10,204 20,000 0 0 94300 · LOTO Special Project 10,000 0 0 10,000 0 0 325 95010 · 1st Thursday 95000 · Misc. Special Projects - Other 96500 · Special Funding 97000 · Bond Payments - Town Center 97100 · Trustee Expense 99000 · Transfer Out Total Expenditures Excess of Revenues over Expenditures 0 12,000 12,299 -12,299 5,000 1,070 14,000 318,750 185,750 132,263 186,487 89,000 34,485 128,823 0 0 0 0 0 0 600,000 669,636 279,015 279,008 390,628 55,803 55,802 281,143 6,000 3,000 2,250 3,750 0 1,125 2,250 454,465 150,000 65,000 389,465 0 50,000 0 3,686,432 1,559,620 1,365,221 2,321,211 334,260 407,441 1,922,166 1 -115,560 38,934 -40,971 -35,237 -59,057 -557,871 Page 3 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 FAYETTEVILLE A & P 2014 May Year to Date Annual Budget Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual Revenue 40000 · Hotel, Motel, Restaurant Taxes 2,611,138 1,069,380 1,050,361 1,560,777 228,289 234,460 1,037,587 40200 · PY Hotel, Motel, Restaurant Tax 0 0 35,386 -35,386 0 1,638 31,858 40600 · Rental Income 0 0 0 0 0 0 0 40700 · 1st Thursday Income 0 0 0 0 0 0 0 40800 · Other Income 0 0 4,065 -4,065 0 2,378 0 41000 · Parking Revenue 0 0 0 0 0 0 0 41001 · Parking Lease 0 0 0 0 0 0 0 41200 · Gift Shop Sales 0 0 0 0 0 0 0 41300 · Visitor Store 0 0 0 0 0 0 0 41400 · Partership Income 0 0 0 0 0 0 0 41600 · Admission Revenue 41700 · Health Reimbursement 42000 · Special Projects 42600 · Interest Income Investments 0 0 0 0 0 0 0 8,880 3,700 3,584 5,296 740 741 0 0 0 0 0 0 0 4,000 11,850 4,950 3,422 8,428 990 1,136 3,322 42800 · Interest Income Checking 2,000 838 1,118 882 174 233 1,352 42900 · Visitor Guide Ad Income 40,000 20,000 19,581 18,381 10,000 1,200 1,200 43200 · LOTO Income 0 0 0 0 0 0 0 0 0 0 0 0 0 2,673,868 1,098,868 1,117,516 1,554,314 240,193 241,785 1,079,319 0 0 0 0 0 0 0 Total COG 0 0 0 0 0 0 0 Gross Profit 2,673,868 1,098,868 1,117,516 1,554,314 240,193 241,785 1,079,319 0 0 0 0 0 0 35 98000 · Transfer In Total Revenue Cost of Goods 50000 · Cost of Goods Expenditures 60400 · Bank Service Charges Page 4 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 FAYETTEVILLE A & P 2014 May Year to Date Annual Budget 61000 · Signage-Tourism 61500 · Credit Card Discounts Accum Budget 12,000 Actual 5,000 2,079 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 9,921 1,000 542 5,602 0 0 0 0 0 0 0 62500 · Advertising & Marketing 400,000 140,000 183,282 216,718 25,000 7,000 200,205 62600 · Brochures 175,000 50,000 27,779 147,221 15,000 9,154 111,213 62700 · Website Update 35,000 15,000 0 35,000 15,000 0 0 63000 · Accounting & Legal Fees 12,000 5,000 1,347 10,653 1,000 1,347 290 63100 · Audit Expense 10,000 8,000 8,400 1,600 8,000 0 8,000 63300 · Insurance Expense 64000 · Office Expense 64100 · Visitor Store Expense 64200 · Marketing Expense 0 0 0 0 0 0 0 1,000 500 946 54 100 39 2,714 0 0 0 0 0 0 0 0 0 0 0 0 0 0 64500 · Insurance - Building 12,000 0 0 12,000 0 0 0 65000 · Insurance & Health Benefits 24,570 10,070 10,250 14,320 2,014 2,105 4,990 65500 · 408 (K) Company Match 5,129 2,040 1,740 3,389 408 348 1,637 66000 · Car Allowance 3,600 1,500 1,500 2,100 300 300 1,500 66500 · Telephone Expense / Internet 0 0 0 0 0 0 0 67000 · Postage & Shipping Expense 19,000 8,500 12,908 6,092 2,500 1,346 7,508 0 0 0 0 0 0 0 67100 · Tracking Software 68100 · Rent 0 0 0 0 0 0 0 7,500 0 0 7,500 0 0 0 75,000 31,250 8,158 66,842 6,250 60 19,467 7,500 3,125 554 6,946 625 0 3,494 0 0 77 -77 0 0 0 69500 · Publication & Dues 13,965 12,650 11,294 2,671 2,350 75 10,295 70000 · Travel / Training Expense 13,095 4,500 234 12,861 0 0 2,710 0 0 486 -486 0 0 619 71000 · Collections Expense 49,648 20,687 21,715 27,933 4,137 4,722 21,389 72000 · Payroll Tax Expense 13,886 5,520 6,306 7,580 1,104 1,064 5,687 72500 · Depreciation Expense 20,000 8,325 0 20,000 1,665 0 11,911 68400 · Maintenance / Lawn 68500 · Repairs & Maintenance Expense 68600 · Peace Fountain Maintenance 68700 · Linens 70500 · Taxes & Licenses 73000 · Convention Development 0 0 35 -35 0 0 0 76500 · Contract Labor 0 0 0 0 0 0 0 Page 5 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 FAYETTEVILLE A & P 2014 May Year to Date Annual Budget 77500 · Salaries Expense Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 173,580 69,000 75,279 98,301 13,800 13,605 64,119 78000 · Electric Utilities 0 0 0 0 0 0 0 78100 · Gas Utility 0 0 0 0 0 0 0 78200 · Water Utilitiy 0 0 0 0 0 0 0 78500 · Security 78600 · Airport Advertising 78700 · Minor Equipment 78800 · Airport Info Booth 0 0 0 0 0 0 0 7,140 1,785 4,500 2,640 0 0 3,570 165,000 100,000 104,896 60,104 0 91,568 3,824 5,200 2,400 2,400 2,800 0 1,200 2,400 89000 · Other Expense / Unallocated 10,204 20,000 0 10,204 20,000 0 0 94300 · LOTO Special Project 10,000 0 0 10,000 0 0 325 95010 · 1st Thursday 95000 · Misc. Special Projects - Other 96500 · Special Funding 97000 · Bond Payments - Town Center 97100 · Trustee Expense 99000 · Transfer Out Total Expenditures Excess of Revenues over Expenditures 0 0 1,900 -1,900 0 0 0 262,750 175,750 111,343 151,407 87,000 27,863 108,445 0 0 0 0 0 0 600,000 669,636 279,015 279,008 390,628 55,803 55,802 281,143 6,000 3,000 2,250 3,750 0 1,125 2,250 454,465 150,000 65,000 389,465 0 50,000 0 2,673,868 1,132,617 945,663 1,728,205 263,056 269,264 1,485,341 0 -33,749 171,852 -173,891 -22,863 -27,479 -406,022 Page 6 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CLINTON HOUSE 2014 May Year to Date Annual Budget Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual Revenue 40000 · Hotel, Motel, Restaurant Taxes 0 0 0 0 0 0 0 40200 · PY Hotel, Motel, Restaurant Tax 0 0 0 0 0 0 0 500 100 0 500 0 0 100 0 0 0 0 0 0 0 650 450 50 600 100 0 566 40600 · Rental Income 40700 · 1st Thursday Income 40800 · Other Income 41000 · Parking Revenue 0 0 0 0 0 0 0 41001 · Parking Lease 0 0 0 0 0 0 0 41200 · Gift Shop Sales 5,400 2,350 2,363 3,037 750 599 2,629 41300 · Visitor Store 0 0 0 0 0 0 0 41400 · Partership Income 0 0 0 0 0 0 0 41600 · Admission Revenue 11,650 5,800 5,299 6,351 2,000 2,000 6,100 41700 · Health Reimbursement 0 0 0 0 0 0 0 42000 · Special Projects 0 0 0 0 0 0 0 42600 · Interest Income Investments 42800 · Interest Income Checking 42900 · Visitor Guide Ad Income 43200 · LOTO Income 0 0 0 0 0 0 0 150 60 25 125 12 7 67 0 0 0 0 0 0 0 0 0 0 0 0 0 0 81,777 0 15,000 66,777 0 0 0 100,127 8,760 22,737 77,390 2,862 2,607 9,462 5,000 2,000 379 0 0 0 727 Total COG 5,000 2,000 379 0 0 0 727 Gross Profit 95,127 6,760 22,358 77,390 2,862 2,607 8,735 0 0 0 0 0 0 0 98000 · Transfer In Total Revenue Cost of Goods 50000 · Cost of Goods Expenditures 60400 · Bank Service Charges Page 7 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CLINTON HOUSE 2014 May Year to Date Annual Budget 61000 · Signage-Tourism 61500 · Credit Card Discounts Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 0 0 0 0 0 0 0 1,200 500 182 1,018 100 89 503 62500 · Advertising & Marketing 0 0 0 0 0 0 0 62600 · Brochures 0 0 0 0 0 0 0 62700 · Website Update 0 0 0 0 0 0 0 63000 · Accounting & Legal Fees 0 0 0 0 0 0 0 63100 · Audit Expense 0 0 0 0 0 0 0 63300 · Insurance Expense 64000 · Office Expense 64100 · Visitor Store Expense 0 0 0 0 0 0 0 3,550 1,250 784 2,766 250 328 1,145 0 0 0 0 0 0 0 64200 · Marketing Expense 0 0 0 0 0 0 0 64500 · Insurance - Building 0 0 0 0 0 0 0 65000 · Insurance & Health Benefits 8,022 3,260 3,413 4,609 652 682 2,417 65500 · 408 (K) Company Match 1,172 465 465 707 93 93 445 0 0 0 0 0 0 0 66500 · Telephone Expense / Internet 1,638 675 522 1,116 135 104 598 67000 · Postage & Shipping Expense 0 0 0 0 0 0 0 67100 · Tracking Software 0 0 0 0 0 0 0 12,000 12,000 12,000 0 0 0 12,000 500 200 0 500 0 0 25 66000 · Car Allowance 68100 · Rent 68400 · Maintenance / Lawn 68500 · Repairs & Maintenance Expense 1,500 500 162 1,338 0 0 0 68600 · Peace Fountain Maintenance 0 0 0 0 0 0 0 68700 · Linens 0 0 0 0 0 0 0 69500 · Publication & Dues 200 200 210 -10 0 0 430 70000 · Travel / Training Expense 3,000 1,500 458 2,542 0 0 1,448 70500 · Taxes & Licenses 1,200 500 197 1,003 100 153 71 71000 · Collections Expense 0 0 0 0 0 0 0 72000 · Payroll Tax Expense 4,044 1,592 1,331 2,713 328 237 1,421 0 0 0 0 0 0 0 72500 · Depreciation Expense 73000 · Convention Development 76500 · Contract Labor 0 0 0 0 0 0 0 11,400 4,400 3,470 7,930 1,000 720 2,568 Page 8 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 CLINTON HOUSE 2014 May Year to Date Annual Budget 77500 · Salaries Expense Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 39,095 15,510 15,514 23,581 3,102 78000 · Electric Utilities 1,408 386 253 1,155 78100 · Gas Utility 1,232 885 760 472 78200 · Water Utilitiy 1,691 226 237 275 115 0 0 2,000 1,000 78500 · Security 78600 · Airport Advertising 78700 · Minor Equipment 3,103 14,838 85 0 283 61 52 743 1,454 46 64 214 110 165 23 22 87 0 0 0 0 0 0 2,000 0 0 0 78800 · Airport Info Booth 0 0 0 0 0 0 0 89000 · Other Expense / Unallocated 0 0 0 0 0 0 0 94300 · LOTO Special Project 0 0 0 0 0 0 0 95010 · 1st Thursday 95000 · Misc. Special Projects - Other 0 0 0 0 0 0 0 0 0 383 -383 0 383 0 96500 · Special Funding 0 0 0 0 0 0 0 97000 · Bond Payments - Town Center 0 0 0 0 0 0 0 97100 · Trustee Expense 0 0 0 0 0 0 0 99000 · Transfer Out Total Expenditures Excess of Revenues over Expenditures 0 0 0 0 0 0 0 95,127 45,164 40,453 54,674 5,975 6,030 39,237 0 -38,404 -18,094 22,716 -3,113 -3,423 -30,501 Page 9 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 TOWN CENTER 2014 May Year to Date Annual Budget Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual Revenue 40000 · Hotel, Motel, Restaurant Taxes 0 0 0 0 0 0 0 40200 · PY Hotel, Motel, Restaurant Tax 0 0 0 0 0 0 0 40600 · Rental Income 440,476 189,000 160,846 279,630 42,000 42,379 189,017 40700 · 1st Thursday Income 0 0 0 0 0 0 0 40800 · Other Income 0 0 0 0 0 0 0 41000 · Parking Revenue 7,071 3,008 1,689 5,382 600 0 5,253 11,221 7,424 5,322 5,899 3,870 250 17,453 41200 · Gift Shop Sales 0 0 0 0 0 0 0 41300 · Visitor Store 0 0 0 0 0 0 0 41400 · Partership Income 0 0 0 0 0 0 0 41600 · Admission Revenue 0 0 0 0 0 0 0 41700 · Health Reimbursement 0 0 0 0 0 0 0 28,532 11,890 29,510 -978 2,378 8,865 0 41001 · Parking Lease 42000 · Special Projects 42600 · Interest Income Investments 0 0 0 0 0 0 0 1,200 500 355 845 100 86 621 42900 · Visitor Guide Ad Income 0 0 0 0 0 0 0 43200 · LOTO Income 0 0 0 0 0 0 0 98000 · Transfer In 0 0 0 0 0 0 0 488,500 211,822 197,722 290,778 48,948 51,580 212,344 0 0 0 0 0 0 0 Total COG 0 0 0 0 0 0 0 Gross Profit 488,500 211,822 197,722 290,778 48,948 51,580 212,344 0 0 0 0 0 0 0 42800 · Interest Income Checking Total Revenue Cost of Goods 50000 · Cost of Goods Expenditures 60400 · Bank Service Charges Page 10 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 TOWN CENTER 2014 May Year to Date Annual Budget 61000 · Signage-Tourism Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 0 0 0 0 0 0 0 61500 · Credit Card Discounts 5,400 2,250 1,804 3,596 450 763 2,592 62500 · Advertising & Marketing 1,000 0 0 1,000 0 0 0 62600 · Brochures 0 0 0 0 0 0 0 62700 · Website Update 0 0 0 0 0 0 0 63000 · Accounting & Legal Fees 0 0 0 0 0 0 0 63100 · Audit Expense 0 0 0 0 0 0 0 63300 · Insurance Expense 0 0 0 0 0 0 0 5,400 2,250 1,600 3,800 450 15 2,138 64100 · Visitor Store Expense 0 0 0 0 0 0 0 64200 · Marketing Expense 0 0 0 0 0 0 0 64500 · Insurance - Building 0 0 0 0 0 0 0 32,088 13,040 13,655 18,433 2,608 2,731 7,477 5,720 2,285 1,604 4,116 457 321 1,618 0 0 0 0 0 0 0 66500 · Telephone Expense / Internet 7,410 3,087 3,100 4,310 617 652 2,926 67000 · Postage & Shipping Expense 260 200 128 132 100 0 182 67100 · Tracking Software 0 0 0 0 0 0 0 68100 · Rent 0 0 0 0 0 0 0 68400 · Maintenance / Lawn 0 0 0 0 0 0 0 60,000 25,000 31,570 28,430 5,000 6,590 43,060 0 0 0 0 0 0 0 27,926 11,476 11,895 16,031 2,350 1,619 6,862 64000 · Office Expense 65000 · Insurance & Health Benefits 65500 · 408 (K) Company Match 66000 · Car Allowance 68500 · Repairs & Maintenance Expense 68600 · Peace Fountain Maintenance 68700 · Linens 69500 · Publication & Dues 150 150 3,000 -2,850 0 3,000 1,250 70000 · Travel / Training Expense 5,000 3,000 7,094 -2,094 0 799 1,144 70500 · Taxes & Licenses 5,000 2,417 2,186 2,814 2,083 655 4,373 71000 · Collections Expense 0 0 0 0 0 0 0 72000 · Payroll Tax Expense 16,041 6,430 5,623 10,418 1,286 1,053 5,258 0 0 0 0 0 0 0 72500 · Depreciation Expense 73000 · Convention Development 76500 · Contract Labor 0 0 0 0 0 0 0 37,400 15,580 15,789 21,611 3,116 3,148 20,019 Page 11 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 TOWN CENTER 2014 May Year to Date Annual Budget 77500 · Salaries Expense 78000 · Electric Utilities Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 166,207 65,975 65,975 100,232 13,195 13,195 57,085 67,384 26,374 23,696 43,688 5,748 6,755 24,049 78100 · Gas Utility 9,803 7,079 9,389 414 655 709 10,508 78200 · Water Utilitiy 8,110 3,062 3,069 5,041 619 795 3,100 78500 · Security 4,200 1,750 510 3,690 350 0 720 78600 · Airport Advertising 0 0 0 0 0 0 0 78700 · Minor Equipment 0 0 0 0 0 52,202 0 78800 · Airport Info Booth 0 0 0 0 0 0 0 89000 · Other Expense / Unallocated 0 0 0 0 0 0 0 94300 · LOTO Special Project 0 0 0 0 0 0 0 95010 · 1st Thursday 0 0 0 0 0 0 0 24,000 10,000 20,537 3,463 2,000 6,239 20,333 96500 · Special Funding 0 0 0 0 0 0 0 97000 · Bond Payments - Town Center 0 0 0 0 0 0 0 97100 · Trustee Expense 0 0 0 0 0 0 0 95000 · Misc. Special Projects - Other 99000 · Transfer Out Total Expenditures Excess of Revenues over Expenditures 0 0 0 0 0 0 0 488,499 201,405 222,225 266,274 41,084 101,242 214,694 1 10,417 -24,504 24,505 7,864 -49,662 -2,350 Page 12 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 VISITOR CENTER 2014 May Year to Date Annual Budget Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual Revenue 40000 · Hotel, Motel, Restaurant Taxes 0 0 0 0 0 0 0 40200 · PY Hotel, Motel, Restaurant Tax 0 0 0 0 0 0 0 40600 · Rental Income 40700 · 1st Thursday Income 40800 · Other Income 0 0 0 0 0 0 0 36,000 22,000 9,849 26,151 4,000 445 20,640 0 0 2,038 -2,038 0 245 1,760 41000 · Parking Revenue 0 0 0 0 0 0 0 41001 · Parking Lease 0 0 0 0 0 0 0 41200 · Gift Shop Sales 41300 · Visitor Store 41400 · Partership Income 0 0 0 0 0 0 0 38,000 12,000 8,854 29,146 4,500 2,931 13,523 0 0 0 0 0 0 3,000 41600 · Admission Revenue 0 0 0 0 0 0 0 41700 · Health Reimbursement 0 0 0 0 0 0 0 42000 · Special Projects 0 0 0 0 0 0 300 42600 · Interest Income Investments 42800 · Interest Income Checking 42900 · Visitor Guide Ad Income 43200 · LOTO Income 0 0 0 0 0 0 0 250 110 72 178 20 6 174 0 0 0 0 0 0 24,250 0 0 0 0 0 0 250 372,688 100,000 50,000 322,688 0 50,000 0 446,938 134,110 70,814 376,124 8,520 53,627 63,897 18,000 7,500 4,255 0 1,500 1,215 0 Total COG 18,000 7,500 4,255 0 1,500 1,215 0 Gross Profit 428,938 126,610 66,559 376,124 7,020 52,412 63,897 200 60 0 200 20 0 0 98000 · Transfer In Total Revenue Cost of Goods 50000 · Cost of Goods Expenditures 60400 · Bank Service Charges Page 13 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 VISITOR CENTER 2014 May Year to Date Annual Budget 61000 · Signage-Tourism 61500 · Credit Card Discounts Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 0 0 0 0 0 0 0 2,700 1,000 698 2,002 200 103 1,017 62500 · Advertising & Marketing 0 0 509 -509 0 309 0 62600 · Brochures 0 0 0 0 0 0 0 62700 · Website Update 0 0 0 0 0 0 0 63000 · Accounting & Legal Fees 0 0 0 0 0 0 0 63100 · Audit Expense 0 0 0 0 0 0 0 63300 · Insurance Expense 64000 · Office Expense 64100 · Visitor Store Expense 0 0 0 0 0 0 0 10,000 4,500 1,781 8,219 1,500 493 3,076 0 0 0 0 0 0 6,173 64200 · Marketing Expense 0 0 0 0 0 0 0 64500 · Insurance - Building 0 0 0 0 0 0 0 32,076 13,040 10,242 21,834 2,608 2,048 9,612 5,248 2,090 1,377 3,871 418 275 1,949 0 0 0 0 0 0 0 66500 · Telephone Expense / Internet 9,312 3,880 2,636 6,676 776 532 2,030 67000 · Postage & Shipping Expense 0 0 175 -175 0 17 18 14,295 3,295 4,672 9,623 0 0 0 65000 · Insurance & Health Benefits 65500 · 408 (K) Company Match 66000 · Car Allowance 67100 · Tracking Software 68100 · Rent 0 0 0 0 0 0 0 68400 · Maintenance / Lawn 0 0 0 0 0 0 0 68500 · Repairs & Maintenance Expense 2,500 1,000 454 2,046 0 197 1,711 68600 · Peace Fountain Maintenance 0 0 0 0 0 0 0 68700 · Linens 0 0 0 0 0 0 0 69500 · Publication & Dues 70000 · Travel / Training Expense 70500 · Taxes & Licenses 1,500 500 404 1,096 0 0 668 46,053 22,103 23,663 22,391 350 3,057 15,667 400 400 1,350 -950 400 368 353 71000 · Collections Expense 0 0 0 0 0 0 0 72000 · Payroll Tax Expense 15,104 6,396 5,750 9,354 1,156 1,112 8,091 0 0 0 0 0 0 0 62,750 30,050 23,133 39,617 8,000 7,021 31,225 0 0 0 0 0 0 180 72500 · Depreciation Expense 73000 · Convention Development 76500 · Contract Labor Page 14 of 15 Modified Accrual Fayetteville A P Commission Statement of Budget, Revenue Expense May YTD 2014 VISITOR CENTER 2014 May Year to Date Annual Budget 77500 · Salaries Expense 78000 · Electric Utilities 78100 · Gas Utility 78200 · Water Utilitiy Accum Budget Actual 2014 Balance Monthly Monthly 2013 YTD of Budget Budget Actual Actual 181,075 72,235 65,842 115,233 14,447 13,801 82,532 5,425 2,550 3,385 2,040 450 450 2,481 0 0 0 0 0 0 0 800 335 290 510 70 51 245 78500 · Security 0 0 120 -120 0 0 0 78600 · Airport Advertising 0 0 0 0 0 0 0 7,500 5,000 0 7,500 0 0 1,822 78700 · Minor Equipment 78800 · Airport Info Booth 0 0 0 0 0 0 0 89000 · Other Expense / Unallocated 0 0 0 0 0 0 0 94300 · LOTO Special Project 0 0 0 0 0 0 0 0 12,000 10,399 -10,399 5,000 1,070 14,000 32,000 0 0 32,000 0 0 45 95010 · 1st Thursday 95000 · Misc. Special Projects - Other 96500 · Special Funding 0 0 0 0 0 0 0 97000 · Bond Payments - Town Center 0 0 0 0 0 0 0 97100 · Trustee Expense 0 0 0 0 0 0 0 99000 · Transfer Out Total Expenditures Excess of Revenues over Expenditures 0 0 0 0 0 0 0 428,938 180,434 156,880 272,058 35,395 30,905 182,894 0 -53,824 -90,321 104,066 -28,375 21,507 -118,997 Page 15 of 15 Dsp¿nTMENTAL ûrrrcn C onnBsPoNDENcE oF THE Crrv AtroR¡qsv Kit Williams City Attorney Blake Pennington City Att or n ey As si st ant TO: CC: Mayor ordan A&P Commissioners Patti Mulford Paralegal City Council Casey jones, Prosecuting Attorney FROM: Kitwilliams, City Attorney DATE: une RE: ,--\ AL 4,201.4 Overdue HMR collection efforts The City Prosecutor has continued his aggressive efforts to try to ensure all restaurants and hotels turn over the Hotel, Motel and Restaurant taxes they collect from customers to the City and A&P Commission. This is not only the ]aw, but also necessary to ensure that scofflaw restaurants cannot gain an unfair advantage over their law abiding competitors by pocketing customer paid HMR taxes. The City Prosecutor's Office collected $9,023.30 in overdue, unpaid Hotel, Motel and Restaurant taxes during May of 201,4 for a year to date collection of fi2g,102.g8. A copy of the City Prosecutor's memo is attached. Six of the defendants made payments on their delinquent tax balance. Two of the defendants fully paid off their back taxes and zeroed out their delinquent tax balance. The aveiage monthly collection of overdue HMR taxes is over $5,800.00 for the first five months of 20'l'4. The City Prosecutor's Office is currently prosecuting thirteen restaurant managers who have failed to remit the required HMR tax forms to the City's Accounting Department. At least fifteen of the prosecutions also involve closed businesses whiãh make collections more difficult. However, one of these closed businesses paid its full delinquent balance of over $2,400.00. Clinton K" fones * City Frosecuior Briau Thomas - &{and,v Finkiea - Cffice .Adrninistretcr prosec uïor@fayetteville Deplety City Prosecufar - ar. gov ûpErcE ûF TF{E ct'nv FnospcugoR MEMO TO: IC Williams Fayetteville City Attomey f,'ROM: Casey Jones ['ayeúf eville City Prosecutor DATE: Jane2,2014 RE: Status of Active IIMR cases * When a Criminal Summons is issued for a violation and the Defendant subsequently pays the delinquent balance the Criminal Summons remain5 active and is then routinely dismissed by the Judge at arraignment if the Defendant is still current and not in víolation 1. Aquafue Restaurant & Bistro Sheni D. Simpkins Active Criminal Summons Delinquent Balance: $1,920.00 2. Bariola's Pizza Mark E. Howard Pending Criminal Summons Delinquent Balance: $1,590.00 3. BuckNekkid BBQ Florentino Sanchez Jr. Marcy L. Zahm Active Criminal Summons Active Criminal Sr¡mmons Delinquent Balance: No Forms 4. Bucks of Asia Quyen T. Ho Active Criminal Summons Paid: $3,226.06 Delinquent Balance: -0- 5. Cafe Delta Soul Business Closed Michael L. Vaughn Paid: -0- 6. Dickson Street Social Delinquent Balance: $1,006.1 I Club Stephen J. Schleiff Daniel C. Sellers 7. Domino's Plzza Business Closed Lloyd W. Hardison Active Criminal Summons Active Criminal Summons Delinquent Balance: No Forms Trial Date: 6125114 Paid: $150.00 Delinquent Balance: 52,240.66 Crry or F¿verrevllre 176 S. Cnuxcu Al¡ersuË,5rr. z I F¿srrrnvtlte,,4R 727øt I w\&rw.F,qYEtrEviI-LE-.&R..cov Puor¡e; 47g.j7i.83ZZ FIotCr¡BcrD¡vrsrot.¡: 479'57i'8254 F¿N: 479'575"8373 Kit V/illiams Jwte2,2014 Page2 8. ElPasoMexicancrill MartinReyes & 9. Cantina Ptzzena Business Closed Hogwild 10. Hopper Food 11. Lean Green 12. Gounnet David S. Mackey Active Criminal Summons Delinquent Balance: No Forms Nethers Active Criminal Summons Delinquent Balance: No Forms Cody M. Paynesmith Jewelle D. Bar Closed Mark S. Martinez Food Closed Meneria D. Terry L. Louie's Grill & Business 13. Truck Mama Dean's Soul Business Morrison Morrison Juan F. 15. Mordours Mark E. Howard 16. NWA Burger 77. Shack Quyen Closed Pho Business 18. Rogue 19. Rolling Pin Express 20. Rowdy Beaver Business 21. Pizza Seafood Market Business Barcenas Fogle Rasmussen Nolan B. Paul E. Quyen T. John M. Den Closed Bar/Grill Closed Active Criminal Summons Delinquent Balance: No Fomrs Trial: 719/14 Delinquent Balance: 517,449.00 14. MezzaLuna Business Closed Pizza, Paid: $1,047.78 Delinquent Balance: No Fonns Ho Dortch Gayle O. Teague Amber M. Craig E. Biason-Dunn Dowd Active Criminal Summons Pending Contempt of Court Paid: $2,148.00 Delinquent Balance: -0Trial Date: 7l30ll4 Delinquent Balance: No Forms Pending Criminal Summons Delinquent Balance: $800.00 Paid: $2,401.46 Delinquent Balance: -0Case Closed Active Criminal Summons Delinquent Balance: No Forms Active Criminat Summons Delinquent Balance: No Fonns Paid: -0Delinquent Balance: $287.42 Active Criminal Summons Delinquent Balance: No Forms Trial Date: 614114 Paid: $50.00 Delinquent Balance: $ 3,717.60 Kit Williams Jwrc2,2014 Page 3 22. Shanghai Chinese and Hsiao L. J. Shen Active Contempt of Court Delinquent Balance: $3,090.00 China Garden Businesses Closed 23. Shipley Donuts Sou Sokunthea Active Criminal Summons Delinquent Balance: No Forms 24. Sipamouane Twin Kitchen Business Closed Jeffiey Sipamouane Active FTAS Warant Delinquent Balance: No Forms 25. Spring Rolls Luke N. Nguyen Active Criminal Summons Delinquent Balance: $521.00 26. Stone Pony Marshall L. Foreman William E. Gran Active Criminal Summons Active Criminal Summons Delinquent Balance: $715.90 Sumo Sushi & Steak Business Closed Seung H. Kang Jong P. Park Active Criminat Summons Active Criminal Summons Delinquent Balance: No Forms Tim's Pizza(North) Michael A. Stephens Active Criminal Summons Delinquent Balance: -0' 27. 28. Business Closed 29. Uncle Gaylord's Business Closed Hiram F. Brandon Active Contempt Delinquent Balance: $508. I 2 30. V/Oìi/ Chong N. Kim Active FTA Warr¿nt Delinquent Balance: 52,527.00 William H. Car Active Criminal Summons Delinquent Balance: -0- Japanese Bistro Business Closed 31. ws BBQ TOTAL: $9,023.30 CLINTON HOUSE MUSEUM MONTHLY REPORT MAY 2014 The Clinton House Museum had a total of 460 visitors in May. MUSEUM ACTIVITIES AND EVENTS: May 1st RECEPTION – Fayetteville High School Young Democrats – 33 visitors May 1st Candidates & Cocktails – College Democrats – 65 visitors May 2nd – GROUP TOUR – Homeschoolers of Southern Missouri – 25 visitors May 8th – Kate Johnson is awarded the Mayor’s Award for Historic Preservation, Partner in Preservation Award by the Historic District Commission of the City of Fayetteville. The award recognizes exemplary service in historic preservation and advancing the knowledge of the cultural heritage and history of Fayetteville. May 19th – GROUP TOUR – American Music Trail Adventure Caravan – 38 visitors May 24th – GROUP TOUR – Talent Search Kansas – 31 visitors May 29th– GROUP TOUR – FHA of Lynne, MO – 37 visitors May 30th – Fayetteville Chamber of Commerce Book Launch, “Good Night, Fayetteville” This colorful children’s book that features the sights and sounds that make Fayetteville a wonderful place to live, work and play. Illustrations were done by art teachers in the Fayetteville School District. Amber Ebbrecht’s (pictured below) watercolor of the Clinton House Museum is featured in the book. She teaches at Holt Middle School. - . ?edDvArHeocheu . ?Jr Completions by Meeting Date May 2014 Rep Primal Challenge Block Pickup Meeting Dates Completion Attend Peak MARLO 05/03/2014 05/03/2014 05/06/2014 500 50 50 0 $123,530 MARLO 05/09/2014 05/11/2014 05/13/2014 1,000 100 200 114 $370,590 MARLO 05/15/2014 05/17/2014 05/22/2014 750 50 100 102 $741,180 MARLO 05/16/2014 05/18/2014 05/22/2014 500 50 100 173 $185,295 MARLO 05/23/2014 05/25/2014 05/29/2014 10,000 300 600 678 $1,852,950 MARLO 05/23/2014 05/25/2014 05/29/2014 500 50 100 213 $185,295 $3,458,840 $ Value HQ: Chancellor Hotel AAO MAYB Arkansas State Championships HQ: Multiple Hotels Arkansas Activities Association 7A Boys State Soccer Tournament Playoffs HQ: Multiple Hotels AAO MAYB Billy Carter Tournament HQ: Multiple Hotels Arkansas Activities Association Weekend of Champions HQ: Citywide AAO PBR Fayetteville Memorial Day Classic HQ: Multiple Hotels Total for May Total for 2014 6 Groups 6 Groups Blocked 1,150 Picked Up 1,280 % Picked Up 111.30% Blocked 1,150 1,280 111.30% Picked Up % Picked Up Page 1 of 1 $3,458,840 Printed: 6/3/2014 9:36AM Definite Bookings By Booking Date May 2014 Meeting Dates Attnd Peak Rooms $ Value Adventure Caravans 05/19/2014 05/19/2014 45 0 0 5,559 Chile Pepper Run** 10/03/2014 10/04/2014 10,000 750 750 2,470,600 Junquers Travel 10/14/2014 10/14/2014 38 0 0 4,694 Faust Tours 10/22/2014 10/22/2014 38 0 0 4,694 Sub-Total for May 4 10,121 750 $2,485,547 GRAND TOTAL 4 10,121 750 $2,485,547 Page 1 of 1 Printed: 6/3/2014 9:45AM Inquiries By Source From: 5/1/2014 To: 5/31/2014 Showing: all records Source @ Website Midwest Living NATA Leads Southern Living Travel Guides Free Travel Information.com Inquiries $/Inquiry 2 $0.00 207 $0.00 1,207 $0.00 304 $0.00 1,011 $0.00 228 $0.00 2,959 Page 1 of 1 6/3/2014 09:49 AM Fayetteville Convention & Visitors Bureau 21 S. Block ~ Fayetteville, AR 72701 Phone: (800) 766-4626, (479) 521-5776 ~ Fax: (479) 571-4731 ~ info@experiencefayetteville.com ~ Web: www.experiencefayetteville.com Inquiries by State/Country From: 5/1/2014 To: 5/31/2014 Showing: all records State/Country Inquiries Texas 489 Arkansas 353 Missouri 234 Louisiana 176 Oklahoma 136 Florida 129 Illinois 121 Tennessee 95 Mississippi 77 Kansas 75 Wisconsin 72 California 69 New York 67 Indiana 60 Pennsylvania 57 Ohio 52 Georgia 50 Alabama 50 North Carolina 46 Michigan 45 Minnesota 44 Virginia 40 Iowa 40 South Carolina 39 Kentucky 38 Nebraska 29 Arizona 25 Colorado 25 Washington 23 None Entered 22 Maryland 21 Connecticut 16 New Jersey 16 Total: 2,831 Page 1 of 2 6/3/2014 09:48 AM Fayetteville Convention & Visitors Bureau 21 S. Block ~ Fayetteville, AR 72701 Phone: (800) 766-4626, (479) 521-5776 ~ Fax: (479) 571-4731 ~ info@experiencefayetteville.com ~ Web: www.experiencefayetteville.com Nevada 15 Utah 13 West Virginia 13 Massachusetts 13 Oregon 10 New Mexico 8 Delaware 8 Idaho 6 Quebec 5 New Hampshire 5 Alaska 5 Washington, DC 4 South Dakota 4 Puerto Rico 3 Maine 3 Wyoming 3 Hawaii 2 Montana 2 Ontario 2 British Columbia 1 North Dakota 1 Alberta 1 Rhode Island 1 Total: 2,959 Page 2 of 2 6/3/2014 09:48 AM Fayetteville Convention & Visitors Bureau 21 S. Block ~ Fayetteville, AR 72701 Phone: (800) 766-4626, (479) 521-5776 ~ Fax: (479) 571-4731 ~ info@experiencefayetteville.com ~ Web: www.experiencefayetteville.com Fayetteville Town Center, Manager’s Activity Report May 1, 2014 to May 30, 2014 Sales: Sales (# Returned contracts by log date – GL) Complete Events (Paid/Sponsored) Sales ($ Returned contracts by log date – GL) Collections ** ($ - Payment Log) $ Executed Contracts Average per event ($ Sales / # Sales) MAY 2013(base) MAY 2014 Month % Change YTD 2013 YTD 2014 YTD % Change 11 13 18% 70 83 19% 21 25 19% 94 102 9% $22,475.00 $34,515.00 54% $147,314.32 $205,606.48 40% $31,970.50 $42,003.63 31% $184,891.38 $229,945.44 24% $21,125.00 $28,630.38 36% $134,650.00 $231,605.38 72% $2,043.18 $2,655.00 30% $2,104.49 $2,477.19 18% Operations Items o Loading Dock lift repaired. o New Dance Floor Received Coordination FHS AP Testing We facilitated 200+ FHS students for two weeks as they took their AP tests. Proms Springdale Har-Ber High and Haas Hall Academy had their proms with us again this year. Wellness Expo The A&P commission helped support the family friendly Wellness Expo we had in May. Local businesses gathered to spread information about their natural products. We facilitated both the UA Law School graduation and the Haas Hall Academy graduation. Graduations Wedding Receptions Tim Brooks Investiture May was our second month of wedding season. We had three wedding receptions. It was a huge honor in getting to facilitate the Tim Brooks Investiture ceremony. We had 11 highly respected judges plus Senator Mark Pryor with us honoring Tim Brooks. Event List: May 1 – AR Fleet Managers Assoc. May 1 – VA Meeting May 2 – AR Fleet Managers Assoc. May 2 – NBI May 3 – Harber Prom May 5 – FHS AP Testing May 6 – FHS AP Testing May 7 – FHS AP Testing May 8 – FHS AP Testing May 9 – FHS AP Testing May 10 – Haas Hall Prom May 10 – Wellness Expo May 13 – FHS AP Testing May 13 – Police Memorial May 14 – FHS AP Testing May 15 – FHS AP Testing May 16 – UA Law School May 17 – UA Law School May 18 – Mohammad Party May 24 – Cook Reception May 27 – Haas Hall Graduation May 28 – AP Insider Guide Party May 30 – Tim Brooks Investiture May 31 – Shepperd Reception May 31 – Nguyen Reception Event Breakdown UA – 8% Social – 24% Corp – 16% Educational – 44% Non-Profit – 4% Community – 4% LINDSEY 9N mN mm :0 010Response to Request for Statement of Qualifications To Serve as Counsel for the City of Fayetteville Advertising and Promotion Commission 3333 Pinnacle Hills Parkway, Suite 510 Rogers, Arkansas 72756 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201 www.WLJ.com EDWARD L. WRIGHT (1903-1977) RO BERT S. LIND SEY (1913-1991) ALSTON JENNINGS (1917-2004) GO RDO N S. RATHER, JR. JOHN R. TISDALE JOHN WILLIAM SPIVEY III LEE J. MULDROW N.M. NORTON CHARLES T. COLEMAN EDWIN L. LO WTHER, JR. G REGO RY T. JONES WALTER McSPADDEN JOHN D. DAVIS JUDY SIMMO NS HENRY KIMBERLY WOOD TUCKER TROY A. PRICE KATHRY N A. PRYOR J. MARK DAVIS JERRY J. SALLING S WILLIAM STUART JACK SO N MICHAEL D. BARNES STEPHEN R. LANCASTER KY LE R. WILSO N J. CHARLES DOUGHERTY M. SEAN HATCH JUSTIN T. ALLEN MICHELLE M. KAEMMERLING SCOTT ANDREW IRBY PATRICK D. WILSO N DAVID P. GLOVER REGINA A. YOUNG PAUL D. MORRIS G ARY D. M ARTS, JR. WRIGHT, LINDSEY & JENNINGS LLP ATTORNEYS AT LAW 3 3 3 3 P I N NA C L E H I L L S P A R K W A Y , S UI T E 5 1 0 R O GE R S , A R K A N S A S 7 2 7 5 8 - 8 9 6 0 (479) 986-0888 • FAX (479) 986-8932 LITTLE ROCK 200 WEST CAPITOL AVENUE, SUITE 2300 LITTLE ROCK, ARKANSAS 72201-3699 (501) 371-0808 • FAX (501) 376-9442 www.wlj.com ERIC BERGER P. DELANNA PADILLA CALEY B. VO JOHNATHAN D. HORTON JANE A. KIM ADRIENNE L. BAKER D AVID L. JO NES W. CARSO N TUCK ER KRISTEN S. MOY ERS ERIN S. BROGDO N JEFFREY L. SINGLETON KATHRY N M. IRBY RICHARD BLAK ELY GLASGO W DIANA BORGOGNONI SNYDER PATRICK M. YOUNG BIANCA M. RUCKER ANTWAN D. PHILLIPS BAXTER D. DRENNON M ICHAEL A. THOM PSON SETH R. JEWELL HAYD EN W. SHURGAR COURTNEY C. McLARTY JAIMIE G. MOSS NEEM AH A. ESM AEILPOUR R. AARON BROOKS REBECCA H. STAHL E. LEE LOWTHER III D AVID C. JUNG OF COUNSEL Writer's Direct Dial No. 479-631-3278 dpadilla@wlj.com Reply to Northwest Arkansas Office JOHN G. LILE ROG ER A. GLASGO W FRED M. PERKINS III BRUCE R. LINDSEY JAMES R. VAN DOVER CHARLES S. BO HANNON May 14, 2014 Fayetteville Advertising and Promotion Commission Attn: Marilyn Heifner, Executive Director 21 S. Block Fayetteville, AR 72701 RE: Proposal to serve as Counsel for the City of Fayetteville Advertising and Promotion Commission Dear Ms. Heifner: Enclosed with this letter is the Statement of Qualifications of Wright, Lindsey & Jennings LLP (the “Firm” or “WLJ”) to serve as Counsel for the City of Fayetteville Advertising and Promotion Commission. In accordance with instructions in the Request for Statement of Qualifications (“RFQ”), we are submitting this complete response to the RFQ. We would be honored to have the opportunity to work with the City of Fayetteville Advertising and Promotion Commission, if chosen, and would be happy to answer any particular questions you may have concerning our Firm and our experience as it relates to this engagement. Should you require additional information or wish to schedule an interview with our Firm regarding this Proposal, please contact me at (479) 631-3278. Cordially, WRIGHT, LINDSEY & JENNINGS LLP P. Delanna Padilla STATEMENT OF QUALIFICATIONS I. EXPERIENCE Selected Recent Engagements Experience as Counsel for Local Government Commissions The Firm has been active in the fields of municipal and government law, and has provided legal advice to Arkansas cities, counties, school districts, water and wastewater commissions, regional, county and municipal library systems, county and municipal hospitals, local housing authorities and other local governmental bodies. The scope of representation has included advice or assistance with matters related to legislative interpretation and drafting, commercial contracts, tax levies and collection issues, Arkansas Freedom of Information Act issues, labor and employment matters, and public finance including serving as bond and issuer’s counsel in financings throughout the state of Arkansas. Wright, Lindsey & Jennings LLP has the experience necessary to assist the City of Fayetteville Advertising and Promotion Commission with all of its legal needs. We recently assisted a client of the Firm in obtaining approval of one of the largest Tourism Tax Credit grants approved by the State of Arkansas in recent years. We have an excellent working relationship with the Governor’s Office, the Department of Finance and Administration, and the Arkansas Economic Development Department and are very familiar with the Tourism Tax Credit Program requirements. In addition, our business and commercial practice is statewide, as we represent Arkansas businesses and financial institutions in a variety of commercial legal matters. The following is a list of the commissions, cities, and counties that the Firm regularly represents or has assisted with special projects in the past. Representative Local Government Clients Ashley County, Arkansas Maumelle Water Corporation Ashley County Memorial Hospital Maumelle Water Management Central Arkansas Library System Metropolitan Housing Alliance Central Arkansas Water Northwest Arkansas Community College Foundation Cabot Water and Wastewater Commission Pulaski County, Arkansas Fulton County Hospital Sharp County Hospital Foundation Jacksonville Water Commission The City of Crossett, Arkansas Jacksonville Wastewater Commission The City of Hamburg, Arkansas Drew County, Arkansas The City of Jacksonville, Arkansas Drew County Memorial Hospital The City of Little Rock, Arkansas Garland County Library The City of Maumelle, Arkansas II. COMPANY PRINCIPALS Structure of the Firm Ed Lowther, Managing Partner Steve Lancaster, CFO Practice Areas divided into four teams: Trial, Michael Barnes, Team Leader Business Litigation, Judy Henry, Team Leader Labor & Employment, Stuart Jackson, Team Leader Business, Bill Spivey, Team Leader The résumés for the principals listed above may be found on our website, www.wlj.com. WLJ is divided into four practice teams: General Litigation; Business Litigation; Labor and Employment; and Business Law. The Business Team is further subdivided into various practice areas, including municipal and county law, taxation, government relations and regulatory, real estate, securities, intellectual property, and municipal/corporate finance, with most attorneys participating in more than one practice area. Nine attorneys in our Firm are regularly involved in some aspect of our municipal and local government and tax practices: John R. Tisdale, John William Spivey III, N. M. Norton, Justin T. Allen, Eric Berger, P. Delanna Padilla, Erin S. Brogdon, Richard Blakely Glasgow, and Patrick M. Young. These attorneys have developed expertise in areas most relevant to county and municipal boards and commissions, and frequently provide advice on topics such as the Arkansas Freedom of Information Act, economic development, labor and employment matters, and tax issues. More information on these attorneys and their proposed role within the scope of WLJ’s representation of the City of Fayetteville Advertising and Promotion Commission can be found in Section III of this statement of qualifications and their résumés are attached hereto in Appendix A. III. CAPABILITIES We believe that, given the scope of services set forth in your RFQ, the City of Fayetteville Advertising and Promotion Commission would be best served by a full service law firm with knowledge and expertise in taxation, municipal law, including the Arkansas Freedom of Information Act and the Public Meeting Laws, government relations, and financial and commercial transactions. Our Firm has 64 attorneys and more than a 100-year tradition in serving as general counsel to local government entities. Our Firm has substantial experience as general and special counsel, tax counsel, and bond counsel for municipalities, counties, and local government boards and commissions. If selected to serve as your legal counsel, the full resources of our Firm will be available to assist in all aspects of the proposed representation including providing attorneys with expertise in taxation, municipal law, commercial lending, legislative drafting, and litigation. This engagement will be primarily managed on a day-to-day basis by Delanna Padilla, a Partner in our Firm’s Northwest Arkansas office, with significant assistance from Erin Brogdon in our Little Rock office and Mac Norton, who divides his time between our Little Rock and Northwest Arkansas offices, as well as Eric Berger in the Northwest Arkansas office and John Tisdale, Bill Spivey, Justin Allen, Blake Glasgow, and Patrick Young in the Little Rock office. Their full résumés are attached as Appendix A. P. Delanna Padilla As a Partner in the areas of municipal government, labor and employment, taxation and public finance in the Firm’s Northwest Arkansas office, Delanna Padilla will supervise the representation on a day-to-day basis. Ms. Padilla has more than a decade of experience in the fields of taxation, commercial lending, and labor and employment, and has served as tax counsel and bond counsel for numerous local government entities. She has also served as labor and employment counsel for many corporate and non-profit entities. Ms. Padilla serves as general counsel to the Northwest Arkansas Community College Foundation. Through that representation she has also dealt directly with many Freedom of Information Act requests. Ms. Padilla is a member of the Tax, Business, and Labor and Employment Sections of both the American and Arkansas Bar Associations and a member of the National Association of Bond Lawyers. Ms. Padilla is proficient in Spanish. Erin S. Brogdon Assisting Ms. Padilla with the management of daily project responsibilities will be Erin Brogdon, a Partner at Wright, Lindsey and Jennings’ Little Rock office. Mrs. Brogdon has several years of experience in the field of municipal law, regulatory and government relations, and finance. She serves as general counsel to a number of Arkansas water and wastewater commissions, cities, and counties in matters involving the Freedom of Information Act, open meetings, commercial contracts, real estate, and regulatory compliance. Mrs. Brogdon frequently counsels private entities throughout the state in matters they have pending before municipal councils and commissions, as well as state and federal regulatory agencies. She is comfortable analyzing and drafting legislation, and is equipped with the knowledge of issues commonly faced by local government entities. Mrs. Brogdon is a member of the International Municipal Lawyers Association, the National Association of Bond Lawyers, and the Arkansas Bar Association. N.M. Norton Mr. Norton is a Senior Partner at the Firm’s Little Rock office, who also spends significant time in Northwest Arkansas and will play a key role in this representation. His commercial litigation practice primarily focuses in the areas of governmental litigation, intellectual property, public utilities, and administrative and regulatory matters. Mr. Norton is widely recognized as one of the state's foremost experts on the Arkansas Freedom of Information Act. Eric Berger As a Partner in the areas of business litigation and finance in the Firm’s Northwest Arkansas office, Eric Berger will assist Ms. Padilla and Mrs. Brogdon in supervising the representation on a day-to-day basis and be available to attend commission meetings, review commercial contracts, and provide counsel related to business dealings of the commission. Bill Spivey Senior Partner and Business Team Leader Bill Spivey has extensive experience in municipal law, real estate law, and public finance, having served a variety of local government entities as general counsel and bond counsel in his over 35 years of practicing law. In this capacity, Mr. Spivey has provided advice regarding election laws, economic development, and real estate to numerous agencies of state and local Arkansas governments. Additionally, Mr. Spivey has worked, or is currently working, in various legal aspects related to economic and industrial development projects including service as Issuer’s counsel to Pulaski County for the issuance of $190,000,000 aggregate principal amount of Pulaski County, Arkansas, Taxable Industrial Development Revenue Bonds (Caterpillar, Inc. Project) and serving as lead local counsel in connection with the sale and transfer of the Little Rock Peabody Hotel to FWC II Little Rock, LLC who converted the hotel to the new Little Rock Marriott. Mr. Spivey has developed an excellent working relationship with the Little Rock Advertising and Promotion Commission over the years. Mr. Spivey is a member of the Local Government and Business Law sections of the American Bar Association and a member of the National Association of Bond Lawyers. John R. Tisdale As Senior Tax Partner, John Tisdale has more than 35 years of experience in the fields of public finance, local government, commercial lending, and taxation, and has served as bond counsel, ADFA counsel, and tax counsel for numerous Arkansas counties and municipalities. Mr. Tisdale is particularly familiar with the laws relevant to the operation of tax exempt organizations and advises governmental boards and commissions on a variety of tax matters. He is a member of the Tax Section of both the American Bar and Arkansas Bar Associations and a member of the National Association of Bond Lawyers. Justin T. Allen As a Partner in Wright, Lindsey & Jennings’ Little Rock office, Mr. Allen’s practice focuses on providing government relations and lobbying services to clients in numerous areas, including energy, telecommunications, lottery operations, agriculture and transportation. He regularly represents clients before state agencies and Arkansas legislative bodies, including working with the Arkansas General Assembly, constitutional officers, boards, agencies, commissions and other state regulators to benefit Firm clients. Mr. Allen previously served as the Chief Deputy Attorney General of Arkansas. Mr. Allen was instrumental in obtaining approval of the Tourism Tax Credit package which was a major component of the sale of the former Peabody Hotel in Little Rock. He has worked closely with the Office of the Governor, the Department of Finance and Administration and the AEDC to insure the approval and administration of the tax credit program through the Little Rock Advertising and Promotion Commission. Patrick M. Young As a Senior Associate in the Firm’s Little Rock office, Mr. Young has worked with counties, the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, the Arkansas Department of Finance and Administration, and the Little Rock Advertising and Promotion Commission in business transactions, including providing advice on incentives related to new business. He has also worked with Mr. Spivey and Mr. Allen on issues related to the Arkansas Tourism Development Act and administration of the Tourism Tax Credit granted in favor of the Little Rock Marriott. Richard Blakely Glasgow As a Senior Associate in the Firm’s Little Rock office, Mr. Glasgow advises clients on protection and enforcement of patents, trademarks, and copyrights. A significant portion of Mr. Glasgow’s practices involves searching, registering, enforcing, and maintaining trademarks (including brand names, logos, and slogans) on both a state and federal level. Mr. Glasgow also routinely files and prosecutes federal copyright applications. Wright, Lindsey & Jennings and, in particular, the Business Team, brings a team approach to all endeavors. Therefore, you, as our client, will always have the benefit of our entire team in the event your primary contact is temporarily unavailable. WLJ is not aware of any conflicts that would prevent us from serving as counsel for the City of Fayetteville Advertising and Promotion Board. Although the statutes governing requests for professional services expressly prohibit participants from making a fee proposal in response to this request for a statement of our qualifications, WLJ wishes to assure the Commission that our fees for services are competitive with those of other qualified law firms and that if selected to represent the City of Fayetteville Advertising and Promotion Commission, we are confident that WLJ will be able to negotiate a mutually satisfactory contract for legal services with the Commission. Wright Lindsey & Jennings LLP is aware of no pending or threatened claims against the firm. The firm also is covered by insurance sufficient to cover any potential claim that may be asserted in the future. IV. COMPANY ORGANIZATION Primary Business Wright, Lindsey & Jennings LLP is a full service law firm with offices in Little Rock and Rogers, Arkansas, from which legal services are provided to clients based in Arkansas, across the country, and around the world. Interaction among the practice teams enables the Firm's lawyers to address legal issues, while remaining sensitive to the business considerations inherent in every legal matter. We strive to understand each client's particular needs and then to address them in a cost-efficient and timely manner. In addition, of course, the lawyers at Wright, Lindsey & Jennings LLP are dedicated to maintaining and, where necessary, to developing expertise in both established and emerging areas of the law, so that we may continue to serve our clients' changing needs. Some Firm lawyers, for example, are trained and certified as mediators and arbitrators, which enables us to advise Firm clients about alternatives to litigation where warranted. Others are fluent in foreign languages, including Korean, French, and Spanish. Lawyers at Wright, Lindsey & Jennings LLP have always been leaders in civic activities and have participated in such professional organizations as the American Agricultural Law Association, the American Bankruptcy Institute, the American Board of Trial Advocates, the American College of Trial Lawyers, the American Employment Law Council, the American Insurance Association, the Defense Research Institute, the International Association of Defense Counsel, the International Trademark Association, and the National Association of Bond Lawyers. A former senior partner of the Firm, Edward L. Wright, served as President of the American Bar Association in 1970-71. Another former senior partner of the Firm, Alston Jennings, Sr., was President of the American College of Trial Lawyers in 1981-1982 and served as President of the International Association of Insurance Counsel in 1972-73. In 1996, Gordon S. Rather, Jr. served as national President of the American Board of Trial Advocates. His tenure on the national Board of Directors of ABOTA began in 1989 and still continues today. Several attorneys have served and continue to serve as officers and committee chairs of local bar associations. Most of the attorneys in the Firm are very active in local charities, religious organizations and civic organizations. WLJ supports and encourages its attorneys to make a difference in the community. The civic, religious and charitable activities of WLJ’s attorneys are too numerous to mention here, but each attorneys’ activities are highlighted in his or her résumé which may be found on the WLJ website, www.wlj.com. The Firm is engaged in the full range of general civil practice, including bankruptcy and creditors' rights; business and commercial litigation; corporate and securities matters, including regulatory compliance, municipal bonds, and corporate mergers and acquisitions; estate planning and probate; fidelity and surety matters; government relations; international law; intellectual property; municipal law; technology and electronic commerce; real estate; labor and workers' compensation; personal and corporate taxation; public utilities and other regulated industries; and tort and insurance litigation, including products liability. ● Professional Employees Employed by Firm As previously stated, WLJ currently consists of 64 attorneys. The majority of these individuals are part of our Little Rock office with a powerful presence in Northwest Arkansas as well. A brief resume of each attorney and his or her specialty areas may be found on our website, www.wlj.com. ● Employees Currently Engaged in Municipal and Government Law The representation of municipal and county governments and their constituent boards and commissions is an important focus of our Firm’s practice. Our attorneys serve as general counsel to Arkansas’ largest municipal water and wastewater commission, the largest library system in the state, and the largest housing authority in the state, and have established relationships with the State’s executive officers and agency leaders. Whether drafting legislation, advising on Freedom of Information Act issues, or providing tax collection or rate setting guidance, our attorneys bring decades of experience and knowledge on the issues that are most important to commissions and municipalities. Commissions are often faced with challenges that require careful consideration of their enumerated powers. WLJ is familiar with working along side commissions in developing sound strategies to accomplish the organization’s goals. ● Employees Currently Engaged in Taxation A number of attorneys in our office are regularly involved in some aspect of our tax practice, however, our tax practice is led by John R. Tisdale, Senior Tax Partner in our Little Rock office and P. Delanna Padilla, resident Tax Partner in our Northwest Arkansas office, who specialize and have extensive experience in advising both public and private entities on a wide range of tax issues. Both of these attorneys have worked with municipalities, counties, and commissions throughout the state on tax specific engagements and are familiar with the state laws and issues applicable to Arkansas cities. Additionally, Justin Allen and Patrick Young have worked closely with our hotel and restaurant clients on issues involving the collection and accounting for Advertising & Promotion tax issues and proper administration of the Tourism Tax Credit Program. Company History The firm of Wright, Lindsey & Jennings LLP and its predecessors date from July 1, 1900, when Thomas S. Buzbee entered the practice of law in Little Rock as assistant to the general solicitor of the Choctaw, Oklahoma & Gulf Railroad Company. In 1903, the Choctaw, Oklahoma & Gulf became a part of the Rock Island Lines, and legal representation of the Rock Island in Arkansas by the Firm continued from that date. The Firm has continued under several different names, but since September 1, 1965, has been known as Wright, Lindsey & Jennings, LLP. It is presently composed of 64 attorneys. Our offices are located in the Bank of America Plaza at 200 West Capitol Avenue, Suite 2300, Little Rock, Arkansas, and at 3333 Pinnacle Hills Parkway, Suite 510, Rogers, Arkansas. Appendix A: Our Attorneys… P. Delanna Padilla practices in the areas of corporate law, legal malpractice, mergers and acquisitions, real estate, taxation, health law, and labor and employment. Her tax practice includes work in the areas of LLC and partnership taxes, corporate taxation, personal taxation (including federal, state, and local tax), municipal tax exempt financing, exempt organizations. Her labor and employment practice focuses on developing personnel policies, employment agreements, covenants not to compete, and the defense of employers in federal and state actions. Padilla’s more recent experience includes: P. Delanna Padilla Phone: 479-631-3278 Fax: 479-986-8932 Email: dpadilla@wlj.com Admitted to Practice Arkansas 2001 USDC Arkansas, ED and WD 8th Cir. Court of Appeals US Tax Court Education BA, Wellesley College JD, Boston University (Dean's Award recipient) LL.M. in Taxation, Boston University  Defense of attorney tax practitioners in legal malpractice actions.  Co-counsel to a large health insurance organization in the state in a corporate reorganization to form a multi-subsidiary holding company.  Co-counsel defending a national health products company in an employment discrimination matter.  Co-counsel to a real estate developer to prepare and complete a private offering of a $23 million commercial real estate development.  General Counsel for NWA Community College Foundation Professional Activity and Recognition In 2010, 2011, and 2012, Padilla was named a “Rising Star” by Mid-South Super Lawyers. She was a graduate of Class III of the Arkansas State Chamber of Commerce Leadership Institute. She has also received a BV® Distinguished™ Peer Review Rating through Lexis Nexis Martindale Hubbell, www.martindale.com/ratings. She is also a member of the following professional associations: American Bar Association, Arkansas Bar Association, Washington and Benton County Bar Associations, Defense Research Institute, National Association of Bond Lawyers, Arkansas Association of Women Lawyers; Judge Henry Woods American Inns of Court (Barrister). Articles and Publications “10 Estate Planning Questions Answered,” AY Magazine (Jan. 2013). “What to Know for 2014: The Patient Affordable Care Act,” Celebrate Magazine (March 2014) Civic Activities Padilla has recently served the following civic organizations:  Ballet Arkansas (Board President, 2004-2006, 2009-2010; Board Member, 2002-2012)  St. Vincent Women's Health Advisory Board (2003-2012)  Women’s Foundation of Arkansas Board of Directors (Board Member and Secretary 2014)  Women's Foundation of Arkansas NWA Advisory Committee (2012-present)  Junior League of Little Rock (2004-2009)  Wellesley Club of Arkansas (2001-present; President, 2006-2010) NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… Erin S. Brogdon practices in the areas of corporate law, real estate, public and corporate finance, local government and municipal utilities, government relations and regulatory, and healthcare. She spends a considerable amount of time assisting in the formation and restructuring of corporate entities; advising clients in the sale and acquisition of real estate; assisting businesses and individuals with matters involving state and federal regulatory agencies; and preparing commercial agreements and financing documents. Brogdon’s more recent experience includes: Erin S. Brogdon Phone: 501-212-1285 Fax: 501-376-9442 Email: ebrogdon@wlj.com Admitted to Practice Arkansas 2006 Education BBA, Harding University (summa cum laude) JD, University of Arkansas at Little Rock  General counsel to two central Arkansas municipal water systems.  Counsel to financial institutions involving regulatory compliance and sale of assets.  Counsel to clients in the marketing industry and multi-media industry.  Counsel to public and private entities regarding the applicability of the Freedom of Information Act.  Counsel to non-profit corporations involving corporate compliance and obtaining tax-exempt status.  Counsel to an Arkansas county hospital in converting to a non-profit, tax-exempt entity, including transferring and obtaining various state and federal licenses.  Counsel to an Arkansas agriculture business in selling substantially all of its assets.  Bond counsel to an Arkansas health system in issuing over $50,000,000 in taxexempt bonds.  Bond counsel to an Arkansas county issuing over $50,000,000 in industrial development bonds.  Counsel to physicians, local hospitals, and health care organizations involving employment contracts and corporate and regulatory compliance. Professional Activity and Recognition Brogdon is a member of the American Bar Association, the Arkansas Bar Association, the Pulaski County Bar Association, and the National Association of Bond Lawyers. Community Involvement and Civic Activities Brogdon is a member of Harding University President's Council, University of Arkansas at Little Rock Bowen School of Law Alumni Association, Arkansas Children's Hospital Auxiliary, Arkansas Children's Hospital Committee for the Future, Committee of 100 for the Ozark Folk Center and Arkansas Affiliate of Susan G. Komen for the Cure. She serves on the Race for the Cure fundraising committee. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… N.M. (Mac) Norton has a commercial litigation practice, including matters under the Arkansas Franchise Practices Act and Deceptive Trade Practices Act and primarily focusing in the areas of governmental litigation, intellectual property, public utilities, and administrative and regulatory matters. Norton's more recent experience includes: N. M. Norton Phone: 501-212-1264 Fax: 501-376-9442 Email: mnorton@wlj.com Admitted to Practice Arkansas 1974 USDC Arkansas, ED and WD 8th Cir. Court of Appeals District of Columbia Court of Appeals Education BA, Westminster College (cum laude) JD, University of Arkansas (magna cum laude)  Counsel for an international oil and gas company in litigation resulting from a release of oil from an interstate pipeline.  Serving as lead counsel in two major electric utility rate cases and appellate litigation in connection therewith.  Successful defense (including appeal) of suit by state Attorney General seeking to extend DTPA to practice of law. Education and Professional Activity Norton obtained his law degree from the University of Arkansas in 1974 graduating magna cum laude, and his BA degree from Westminster College in 1971 graduating cum laude. He served as Editor-in-Chief of the Arkansas Law Review in 1974. He has been named to Best Lawyers in America from 2001 to 2013 and Mid-South Super Lawyers for business/corporate law in 2006 and business litigation from 2007 to 2013. Norton has received an AV® Preeminent™ 5.0 out of 5 Peer Review Rating through LexisNexis Martindale-Hubbell, www.martindale.com/ratings. Norton also received a special commendation for outstanding service from the United States Department of Justice in 1976. Norton was a trial attorney for the United States Department of Justice in the Civil Division from 1974 to 1977. He was Deputy Attorney General for the State of Arkansas from 1977 to 1979. Norton was an adjunct professor at the University of Arkansas School of Law from 1996 to 2004, teaching Law and the Internet. Norton has served on the National Regulatory Research Institute Board of Directors (1981-1983), National Information Infrastructure Advisory Council (1994-1996), Virtual Magistrate Program (1996), and Arkansas FOI Electronic Records Study Commission (1999-2000). He also chaired the Arkansas Public Service Commission from 1979 to 1983. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… Eric Berger is a partner in the firm and has a litigation-oriented practice focusing primarily on business matters and commercial litigation. Berger also handles insurance defense cases and practices in the areas of products liability, professional liability, coverage disputes, construction disputes, banking matters, collection cases, and creditors’ rights in bankruptcy. Berger’s more recent experience includes: Eric Berger Phone: 479-631-3281 Fax: 479-986-8932 Email: eberger@wlj.com Admitted to Practice Arkansas 2004 USDC Arkansas, ED and WD Bankruptcy Court Education BS, Arkansas State University MBA, Arkansas State University JD, University of Arkansas (magna cum laude)  Lead counsel in inter-creditor banking disputes and major foreclosure matters.  Lead counsel in multiple construction litigation cases.  Lead counsel in indemnity matters for a major surety and insurance company.  Lead counsel for a major insurance company in connection with coverage disputes including in connection with professional errors and omissions policies.  Lead counsel for a property developer in engineering negligence dispute.  Trial counsel for insurance agents and attorneys in professional liability cases.  Trial counsel in aircraft dispute matters.  Counsel in trademark and copyright disputes.  Lead counsel in oil and gas matters including representation of major oil company in ownership disputes.  Lead counsel in multiple collection matters.  Lead counsel in multiple creditors’ rights cases in bankruptcy. Professional Activity and Education Berger is a member of the Arkansas Bar Association, the Washington County Bar Association, and the Benton County Bar Association. In 2004, Berger received the Ethics Scholar award from the Arkansas Bar Foundation. He has also been named as a “Rising Star” by Mid-South Super Lawyers since 2009 in the field of Business Litigation. Berger obtained a law degree from the University of Arkansas School of Law in 2004, graduating magna cum laude. While in law school, he was a member of the Board of Advocates and the Arkansas Law Review. Berger’s business-oriented practice is supported by his MBA, which he received in 2001 from Arkansas State University. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… John William (“Bill”) Spivey III has practiced with the firm for over 35 years in a number of areas, including commercial real estate, zoning and land use, municipal and corporate finance, municipal government, banking and finance, and acquisitions. He currently serves as Team Leader for the firm’s Business Team and formerly served the firm as Financial Partner. Spivey’s recent experience includes: John William Spivey III Phone: 501-212-1310 Fax: 501-376-9442 Email: jspivey@wlj.com Admitted to Practice Arkansas 1978 Education BA, Hendrix College JD, Vanderbilt University Team Leader Business  Counsel to major real estate development firm in connection with its land use and zoning proposals before local planning commissions and city governments.  Counsel to largest library system in the State in connection with acquisition, development and financing of multiple location library system throughout Pulaski and Perry Counties.  Counsel to a number of county and municipal governments on a variety of municipal law issues.  Counsel to several Arkansas banking associations and holding companies in connection with lending, corporate governance and regulatory issues.  Counsel to non-Arkansas based clients in connection with acquisition of hotel, multifamily, commercial and office properties within the State.  Counsel to national hotel holding company in acquisition of major hotel property in Central Arkansas.  Represents sellers and buyers of agricultural properties and related businesses. Professional Activity and Recognition Spivey is a member of:  American Bar Association, and its Local Government and Business Law sections  Arkansas Bar Association  Pulaski County Bar Association  National Association of Bond Lawyers Spivey has been recognized by The Best Lawyers in America, Chambers USA America’s Leading Lawyers for Business, Mid-South Super Lawyers, “Little Rock Best Lawyers Real Estate Lawyer of the Year” (2009) and "Little Rock Best Lawyers Municipal Lawyer of the Year" (2013). He has received an AV® Preeminent™ 5.0 out of 5 Peer Review Rating through LexisNexis Martindale-Hubbell, www.martindale.com/ratings. Spivey has also been active in a number of community organizations and foundations. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… John R. Tisdale has more than 35 years of practice experience in the areas of taxation, corporate law, mergers and acquisitions, real estate, and health law. His tax practice includes work in the areas of corporate taxes, LLC and partnership taxes, tax exempt financing, state and local tax, and exempt organizations. Tisdale serves as senior tax partner with the firm. His healthcare practice includes hospital financings, acquisitions of healthcare entities and HIPAA, Stark, and anti-kickback issues. Tisdale’s more recent experience includes: John R. Tisdale Phone: 501-212-1256 Fax: 501-376-9442 Email: jtisdale@wlj.com Admitted to Practice Arkansas 1975 USDC Arkansas, ED and WD 8th Cir. Court of Appeals US Tax Court Education BA, Rhodes College (with honors) JD, Washington University  Counsel to a large health insurance organization in the state in a corporate reorganization to form a multi-subsidiary holding company.  Counsel to eight rural telephone companies to negotiate the divestiture of various cellular limited partnership investments.  Counsel to Arkansas communications holding company in the acquisitions of various cable television franchises and a telecommunications equipment distributor.  Counsel to a critical access rural hospital in $14 million financings for renovation of and additions to the hospital facilities.  Counsel to an electric utility for multiple financings totaling in excess of $200 million for the acquisition and construction of a gas-fired electric generating facility.  Professional Activity and Recognition Professional Activity and Recognition Tisdale is a member of:  American Bar Association, including its Tax section  Arkansas Bar Association, including its Tax section  Pulaski County Bar Association  National Association of Bond Lawyers Tisdale has been recognized by Best Lawyers in America (2001–2013), Chambers USA, America’s Leading Lawyers for Business (2005–2013), and Mid-South Super Lawyers (2006–2013) in the areas of corporate law, mergers and acquisitions, and taxation. He has also served as the Chancellor for the Episcopal Diocese of Arkansas since 2005. He serves as chair of the Firm’s Retirement Plan Administrative Committee and is a member of the Firm’s Stewardship Committee. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… Justin T. Allen gained considerable experience in government relations matters while serving as the Chief Deputy Attorney General of Arkansas for over three years. As Chief Deputy Attorney General, Allen was responsible for all legal departments in the office and gained extensive experience with legal issues faced by the State, including constitutional issues, consumer protection, environmental, antitrust, criminal appeals, habeas corpus, Medicaid fraud, and administrative law. He also obtained government relations experience by working with the Attorney General, the Governor’s office, legislators, agency directors and private interests on matters of legislation and policy. Prior to that, he spent eight years at Wright, Lindsey & Jennings LLP handling trial and appellate litigation. Justin T. Allen Phone: 501-212-1220 Fax: 501-376-9442 Email: jallen@wlj.com Admitted to Practice Arkansas 1999 USDC Arkansas, ED and WD 8th Cir. Court of Appeals Education BA, University of Arkansas JD, University of Arkansas at Little Rock (top graduate) Allen’s more recent experience includes:  Currently providing government relations and lobbying services to clients in the areas of energy, telecommunications, lottery operations, agriculture and transportation.  Defense of on-line lender and home security system company in litigation filed by Arkansas Attorney General.  Appeared before the Arkansas Supreme Court to argue on behalf of the State with regard to the legality of its lethal injection process and its rights to riparian property. (Arkansas Dept. of Correction v. Frank Williams, Jr., State of Arkansas v. Hatchie Coon Hunting & Fishing Club, Inc.)  Oversight of the State's interest in the case of Oklahoma v. Tyson Foods et al., including arguing the State's motion to intervene in the Federal District Court of the Eastern District of Oklahoma.  Oversight of the State's interest in the long-running school funding case (Lakeview v. Arkansas) and in the desegregation litigation still pending in federal district court. Education, Honors and Publications Allen obtained his law degree from the University of Arkansas at Little Rock William H. Bowen School of Law in 1999, where he graduated first in his class. While in law school, he served as the Research Editor for the UALR Law Review and was a member of the UALR National Trial Team. Allen obtained his undergraduate degree from the University of Arkansas in 1995, where he obtained membership in the Gold Key Honor Society and Phi Alpha Theta History Honor Society. Mid-South Super Lawyers recognized Allen in 2012 and 2013 for his work in Government Relations. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… Patrick M. Young practices in the areas of corporate law, mergers and acquisitions, real estate, municipal finance and healthcare law. Young’s more recent experience includes:  Counsel to Arkansas communications holding company in the acquisitions of various cable television franchises and a telecommunications equipment distributor.  Counsel to Arkansas corporation in corporate reorganization, including stock redemption.  Counsel to Arkansas corporation in the sale of its assets, including real estate and licenses.  Counsel to Arkansas landowners in recovery of royalties from large energy company in connection with mineral interests held in various counties.  Counsel to various entities in the formation of corporations, limited liability companies, partnerships, and limited partnerships. Admitted to Practice Arkansas 2009 USDC Arkansas, ED and WD  Counsel to Arkansas non-profit corporation in the acquisition of various assets and real estate.  Counsel to regional oil company in the acquisition of real estate in Arkansas. Education BA, Samford University (cum laude) JD, University of Arkansas at Little Rock (with high honors) Education and Honors Young obtained his law degree with high honors from the UALR William H. Bowen School of Law at the University of Arkansas at Little Rock in 2009. While at the Bowen School of Law, he served as the Articles Editor for the UALR Law Review and the president of the Christian Legal Society. He was also the recipient of the John N. Stern, Governor Sid McMath, Judge Henry Woods and Sebastian County Bar academic scholarships. Patrick M. Young Phone: 501-212-1240 Fax: 501-376-9442 Email: pyoung@wlj.com In 2006, Young obtained his undergraduate degree cum laude from Samford University in Birmingham, Alabama, where he studied history and business. He was the recipient of the 2006 Robert L. Tindal Award for outstanding scholarship and academics. Professional Activity Young is a member of the American Bar Association, the Arkansas Bar Association, and the Pulaski County Bar Association. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM Appendix A: Our Attorneys… Blake Glasgow is a patent attorney at WLJ and has been recognized by Mid-South Super Lawyers magazine in the field of intellectual property. Glasgow’s practice focuses primarily on patent and trademark prosecution and related litigation. Glasgow also works closely with members of WLJ’s Trial Team on cases involving complex scientific issues, including, most recently, the Genetically Modified Rice Litigation. Richard Blakely Glasgow Phone: 501-212-1265 Fax: 501-376-9442 Email: bglasgow@wlj.com Admitted to Practice Arkansas 2009 USDC Arkansas, ED and WD US Patent and Trademark Office, 2008 Education BS, University of Arkansas MS, University of Arkansas for Medical Sciences JD, University of Arkansas School of Law (cum laude) Glasgow is currently prosecuting and managing over 150 pending patent applications and issued patents in the United States, Mexico, Canada, Australia, and numerous countries in South America, Europe, and Asia for inventions in wide array of technology areas, including biotechnology and life sciences, medical devices and processes, chemicals and pharmaceuticals, electronics, and other mechanical devices. His trademark practice focuses on searching, registering, and enforcing trademarks (including brand names, logos, and slogans) on both a state and federal level. Glasgow’s more recent patent and trademark prosecution experience includes:  Management of the trademark portfolio of a leading agricultural insurance company, including federal trademark prosecution, appeals before the Trademark Trial and Appeal Board, and maintenance of trademarks.  Preparation and prosecution of patent applications for state research universities directed to nanotechnologies in the fields of cancer diagnostics and biofuels.  Representing a poultry processing equipment manufacturer in a patent reexamination proceeding seeking to invalidate a patent of a competitor.  Preparation and prosecution of patent applications directed to medical devices and processes in the fields of pathology, ophthalmology, and general surgery.  Preparation and prosecution of patent applications directed to pharmaceuticals and chemicals in fields ranging from topical skin medications to pesticides. Glasgow routinely utilizes litigation and non-litigation strategies to assist clients in enforcing their patents and trademarks. He also defends clients against claims of patent and trademark infringement. Glasgow’s more recent intellectual property litigation experience includes:    Representing automobile dealership in asserting claims of cybersquatting and unfair competition against competitor dealership in case in federal court in the Western District of Missouri. Case settled prior to discovery. Serving as local counsel for an automobile warranty company in defense of claim of trademark infringement brought in federal court in the Western District of Arkansas. Court granted defendant’s motion to dismiss. Representing an Arkansas small business in defense of claim of trademark infringement by national home furnishings retailer. Claim resolved without litigation. Professional Affiliations Glasgow is a member of the American Chemical Society (Biological Chemistry Division), American Intellectual Property Law Association, International Trademark Association, American Bar Association, Arkansas Bar Association (Intellectual Property and Agriculture Sections), and Pulaski County Bar Association. NORTHWEST ARKANSAS: 3333 Pinnacle Hills Parkway, Ste. 510, Rogers, AR 72758 479.986.0888 LITTLE ROCK: 200 W. Capitol Avenue, Ste. 2300, Little Rock, AR 72201 501.371.0808 EDWIN L. LOWTHER, JR., MANAGING PARTNER WLJ.COM WLJ .com Rogers Little Rock Bnssorr Lrw Frnu LLP AaroRNEYs ar LArv P.O. Bo.36la FAyETaEvrLr,E. A-RxANs^s 727o2861a ww.'a[L' 22i NOFTB COTiEOE aassETT (ie2'&2oo6) V€NUE TELCPHONE (a79) 52t-9993 TOO C. BASSE.rT wM, FOBEAT ST L ., JR. + WALXER DAIE oAFAEIT + CUETIS L, NEABEN EAFII SUDDY C}IAOICK FACaMILE !179) 52l.aG@ www.b6aselilat^itirm.com IN OKLAHOMA J. OAVTDWAtt' i {1S€7-2OOA) vNcEMr o. c}l^otc(' JAMES M. qBAvES-+ +ALSO UCENSEO tNMrssouBl PAI,L E. JA,+ 'BOMPSON, K.C. OUPPS TUCKER+ GFACE x. JOHNSON + May 15,2014 KFIISTY E. BOEHLEF+ } RE: Fayetteville Adverlising& Promotion Commission: Response to Request for Statements of Quali/i cations Via Hand-Delivery & Electronic Mail Marilyn Heilner ExecutiveDirector FayettevilleAdvertising alrd Promotion Fayetteville,AR mheifhe[@twncenter.con.l Dear ExecutiveDirector Heifner: Pleaseacceptthe lbllowing as rheStatementoJQualiJicationsbeing submittedby BassettLaw Firm LLP, in accordancewith the FayettevilleAdverlising and PromotionCommission'snoticeand request. Stotement of Understanding of Scope of Work & Ensagement BassettLaw Firm LLP understandsthat the FayettevilleAdvertisingand PromotionCommission (A&P Commission)is seekingto engagelegal counselto advisethe A&P Commissionon issues relatingto its decisions. The A&P Commissionis a creatureof statestatute,and is the body that determinesthe useof the City of Fayetteville'sadvertisingand promotionfund, which is generatedfrom the Hotel, Motel, Restauranttax. The A&P Commissionis intendingto retain legal counsellamiliar with laws affectingadvertising and promotion commissions,tar collections,and govemmentallaw generally. Ms. Marilgn o5/t5/t4 Page 2 Hei;fner Statement of Oualilic tttions BassettLaw Firm LLP ofl-ersuniqueexperienceand dedicationto a broadbaseofclients (locally and beyond),seekingsolutionsto a wide rangeof complex legal issuesand guidanceon myriad policy and complianceconcems. Throughoutits 3O-plusyearsof maintaininga law firm basedin Fayetteville,BassettLaw Firm LLP hasdevelopeda reputationfor providing thoughtfuland deliberatecounselto clientsin an accessibleand efficientmanner. History of Firm BassettLaw Firm LLP is locatedin Fayetteville,Arkansas,and performs a variety oflegal servicesin the statesof Arkansas,Oklahoma,and Missouri. The firm is preeminentlyrated by legal publisher Martindale-Hubbell and has been recognizedby the national publication Corporate Counselas a tull servicelaw flrm. Since its founding in October 1981 by the late Bill Bassettand his two sons,Woody and Tod, BassettLaw Firm LLP has enjoyed a variety of accomplishmentsand sustainedgrowth - in terms ofboth its lawyers and clients. Regardingits professionalstanding,BassettLaw Fim LLP in entering its fourth decadehas grown from a three-lawyeroffice to a firm recognizedby the NorthwestArkansas BusinessJournal as amongthe largestin the rapidly-growing Northwest Arkansasregion. Although the firm considersits primary measrre of successto be the satisfactionof its clients, BassettLaw Firm LLP is gratefullor variousrecognitionsoverthe years.In 2013-14,lor instance,BassettLaw Firm LLP was once again included in the national "Best Law Firms" Iisting by U.S.News. In multiple years,the firm has been included in Corporate Counsel magazine'slist of "Who RepresentsAmerica's Biggest Companies?"The firm's inclusion in this exclusive list is flattering and unique - it's the only law firm on the list with its principal office locatedin Norlhwest Arkansas.Similarly, Small Firm Businessincluded BassettLaw Firm LLP in the publication's recognition of "Small Firms with Fortune250 Clients." BassettLaw Firm LLP has also in the past been selectedby CitiScapesMetro Monthly as the area's"best law T lr m . " In complementto its professionalwork and service,BassettLaw Firm LLP is dedicatedto the stateand local communities in which its memberslive. In addition to countlesshours of volunteer work and service,partnersat Bassetthave servedon the WashingtonCounty Quorum Court, the Fayetteville City Council, the Fayetteville Civil ServiceCommission,and the Fayetteville Planning Commission.The firm's lawyers have been active in non-profit support and have actedas chair ofthe annualUnited Way fund drive, volunteeredas board membersof various entities,and enthusiasticallysupportedareayouth programs. M* Morilgn oS/15/14 Page 3 Heifner Theprimary-andultimate_objectiveofBassettLawFirmLLPistoprovideclientswith qr"ri,vl"g,if representation.While zealouslyguarding its reputationfor _cost-effectively and BassettLaw Firm LLP isiareful to undirstand its clients' expectations i.iiuoinJr"rti"es, the best possibleresultsfor its clients' f.rfo.- Jn plans designedto achieve The PeoPle BassettLawFirmLLPhasl4parlnersandthreeassociateattorneys.Whilepartnersand project and client has urr*iut". work cooperativelyin providing counselto clients' each to the A&P Commission's Jesignatedwithin the Firm a primary contact'-As.itrelates work, I would be the iesignated primary contact;my summarybiographical """,1"r"pf""4 information lollows: a commercial Vince Chadick is a partnerin BassettLaw Firm LLP and maintains and consulting law practice.The emphasisof Mr' Chadick's woik is representing businessconcerns,especiallyinthecontextsofcommercialtransactions' operationalcontracting,regulatory compliance'and civil litigation' of Law in Mr. Chadick graduated(J.D.) from the University of ArkansasSchool Chadick Mr' 1991' (A'B') in 1993.He graJuatedfrom GeorgetownUniversity School of Law also has a-Masterof Laws degr:eefrom the University of Arkansas oklahoma. Mr. Graduateprogram. He is a mlmber of the Bars of Arkansasand to serveon the Chadick sits by appointmentofthe SupremeCourt of Arkansas the Board of ArkansasCivil PracticeCommittee' und ht it also a member of to his private law Directors of the Eighth Circuit Bar Association' In complement School practice,Mr. Chadick is an adjunct lecturer in the University ofArkansas of Law. governmentand quasiAlong with others in BassettLaw Firm LLP, I have represented litigation was clients. Among my projects involving a.public sectorclient and tax goue.",,me,,tal the FayettevillePublic vity oJFayutteuillev. washiitgtir' ciurty et a/, in which I represented on property.tal::' The case Library relating to the impact ofTax Inciement Financing ("TIF") wasdecidedbytheArkansasSupremeCourtin200T.Inanarticlediscussingthelitigationand SupremeCourt decision,American Libraries Magazinewrote: taxes The ArkansasSupremeCourt ruled Aprll26 [of 2007] that property to fund collected specifically for schoolsand libraries cannot be diverted Fayetteville's commercial development'The ruling goesagainstthe city of j5-mill tax to pay offbonds issuedto clear land for a new attempt to use the do*niown hotel. the Springtlale Morning Newsreported April26' basedon a The city arguedthat it had the legal right to use a portion ofthe taxes financing 2000 amendmentto the stateconititution that set up tax-increment Ms. Marilgn o5/15/ 14 Poge 4 Heifner (TIF) for redevelopmentprojects.Attorney Vince Chadick successfullyargued the casein the SupremeCourt for the FayettevillePublic Library, which stoodto losemore than $5 million over the next 25 years. SeeAmerican Libraries Magazine,May 4,2007 aI http://www.americru.rlibrariesmagazine.org/archive/2007/may2007larkansasmills. The Distinguis hing Factor There are many excellenl lawyers and law firms in the areawhich could, like BassettLaw Firm LLP, providethe A&P Commissionexemplarylegalcounsel.We believe,though, that our Firrn's commitment to our community - and parlicularly to Fayetteville distinguishesus and what we might offer the A&P Commission. We are proud of Fayetteville and enthusiasticabout its future. We would be privileged to work for and with the prolessionalstaff and Commissionersof the A&P Commission as they seekto contribute meaningfully to our quality oflife. In this regard,we contemplateproposingto the A&P Commission- dependingupon its pref-erences, ofcourse alternativefee anangementswhich could include: I ) An introductory review and "audit" of current Bylaws and statutesgoverningthe Commission,on a non-compensable basis; 2) A comprehensivestrategyfor delivering counselto the Commission at normalized expense;and, 3) Monthly "no-charge" time to encouragethe Commissionto seekadvice without incurring unexpectedcosts. Conclusion Pleaseconsiderthe lollowing "major reasons"that BassettLaw Firm LLP is singularlyqualified and positionedfor selectionby the A&P Commissionto provide legal counseland support: o We are locatedin Fayetteville,and membersof the Firm live, maintainprofessional practices,and devotethemselvesto public serviceand charitablecauseshere- and havefor generations.We know Fayettevilleand the region,its concems,and its challenges. o We have for decadesmaintainedan impeccablereputationfor representingour clientsin responsive,efficient, and productiveways. M* Marilgn 05/15/14 Page g Heifner . ' We havethe capablestaffing and experienceto solvemyriad problemsand developproper guidanceon a rangeof issuesfacedby the A&P Commission,and we havethe flexibility to manageissueslarge and small. o We have over the yearsbeenintimately involved in a rangeofpublic issues,and have developedrelationshipswith experts,academicians, regulators,and policy makers throughoutthe region. We canteam-buildas appropriate(intemally and, if necessary, extemally)to developstrategiesto solvecomplex and simplechallenges. We appreciatethe opportunityto haveour applicationto servethe FayettevilleAdvertisingand PromotionCommissionconsidered.We arehopefulthat we can be an integralpart of developing, with the Commission,plans fbr Fayetteville'sbright future. Pleaseallow this formally to certifu that all informationsubmitted,inlhe Stqtementof Qualifcations is accurateand complete. If you have any questions,pleasedo not hesitateto contactme or any membersof my firm. Thank vou. Sincerely, T LAW FIRM LLP Vincent Chad{ck VC:nh I WM. JACKSON BUTT II KELLY CARITHERS L. FM LI DON A. TAYLOR CASEY D. LAWSON JOSHUA D. MCFADDEN COLIN M. JOHNSON WRJTERUS E-MAIL ADDRESS: J. DAVID VVILLIAM F. CLARK ANDREW D. CURTIS SPRINGDALE K. DREW DEVENPORT May 15, 2014 RE: Fayetteville Advertising and Promotion Commission, RFO for Legal Services Ms. Marilyn Heifner, Executive Director Fayetteville Advertising and Promotion Commission 21 S. Block Street ayetteville, AR 72701 Dear Ms. Heifner: This letter and its enclosures comprise the application and statement of quali?cations of Davis Law Firm to serve as attorney of record to advise the ayetteville Advertising and Promotion Commission on issues related to its decisions. The Davis Law ?rm is comprised of twelve attorneys as listed on this letterhead. Legal services to A will be staffed within the firm to provide the quickest, least expensive, and most knowledgeable responses to legal requests from the Fayetteville Advertising and Promotion Commission. Requirements: In response the '?Requirements? Section of the RF Q, each ?rm attorney is licensed to practice in Arkansas. As to experience in the area of ?govemmental law?, that is an extremely broad ?eld, ranging from federal constitutional law, to environmental law, to tax law, to administrative procedures on the state or federal level, to dealing with political bodies at the state, local, and national level, to zoning and land use law and procedures, to addressing the almost in?nite number of statutes and regulations promulgated by state, federal, and local agencies. This firm and each of its attorneys regularly and consistently practice ?governmental law?. However, the laws affecting ?advertising and promotion commissions and tax collections? are a relatively ?nite number of statutes and regulations, easily accessible through both formal legal research procedures and internet resources. Members of this ?rm are trained, skilled, and experienced in the research, analysis, and application of laws and regulations applicable to government agencies, including speci?cally laws and regulations applicable to advertising and promotion commissions. DAVIS, CLARK, BUTT, CARITHI-IRS TAYLOR, PLC LOCATION: PO. Box 1683 19 E. MOUNTAIN ST. 0 FAYETTEVILLE. AR 72702 9 PH 479.52 I .7600 9 FAX 479.521.7661 SPRINGDALE LOCATION: I712 W. SUNSET STE. SPRINGDALE. AR 72762 6 PH 479.717.2273 6 FAX 479.717.2302 FAYETTEVILLE SIDNEY P. DAVIS. R. CONSTANCE G. CLARK Davis Law Firm Page 2 The requirements section ofthe Request for Quali?cations also requires the following information be provided: a. Past record of malpractice of professional conduct claims including the outcome and resolution: In the last menty years. to our best knowledge. out of thousands of clients represented on thousands of cases. no malpractice or professional conduct claims have been asserted against current members of the firm, except these two instances: (ii) A client. disappointed with the outcome of an unemployment benefits appeal. filed an ethical grievance with the Arkansas Supreme Court Office of Professional Conduct alleging violation by firm lax-vyers of the Arkansas Rules of Professional Conduct. Other than disappointment with the outcome of the case. no specific violations ofthe Rules were asserted. We have fully responded to the complaint. which is pending before the Of?ce of Professional Conduct. Details of the represeiitation and claim are confidential under the Rules ofProfessional Conduct. In 2012. our firm represented two clients in Benton County Circuit ouit in a case where they prevailed on all points. winning the case for our clients. The opposing attorney did not appeal the result_. but rather filed a grievance with the Arkansas Supreme ouri Office ofProfessional Conduct. asserting that the Rules of Professional Conduct were violated because we had a conflict of interest in representing each of the two winning clients. The clients themselves did not assert at any time any conllict of interest concerns and both prevailed in the lawsuit. The matter was reviewed by the Office of Professional Conduct which determined that the grievance had no merit. b. Representative list of clients for whom legal services have been perfornicd: The following are representative of clients who have received tax or business related legal services from Davis Law Firm: Fayetteville Advertising and Promotion Commission ("representation on contemplated purchase of Old Post Office Building) Fayetteville School District Benton County Central Emergency Medical Services (Washington County Intralocal Ainbulance Authority) ashingtori County property tax payers in recovery ofexcess legal fees from class action attorneys Greenland School District Allens, Inc. Arvest Bank Group Coldwell Banker Hairis McHaney Faucette Real Estate I-lighlands Oncology Group, P.A. Davis Law Firm Page 3 - .V. Manufacturing. Inc. - Mountain Mechanical Contractors. Inc. - NARTI Foundation - Northwest Arkansas Pathology Associates. P.A. 0 Ozark Orthopaedic Sports Medicine Clinic. Ltd. - The enter - Zero Mountain, Inc. - APAC-Arkansas, Inc. - Farm Credit Services of Western Arkansas - Simmons First Bank ofNoithwest Arkansas - UARK Federal Credit Union - United Bank - Western Federal Credit Union Selection Process: Evaluation of Qualifications: The Request for Quali?cations lists four areas to be separately scored. The first three elements ofscoring in this RF are: specialized experience and technical competence ofthe firm: capacity and capability ofthe iIl'lTl to perform the work in question: and (3) past record of performance. These areas substantially overlap and this answer applies to all: This firm has a continuous history of providing legal services to Fayetteyille. its citizens. and its institutions for over 60 years. It has remained throughout its existence located just offtlie square. near the center of Fayetteville?s governmental offices. Our attorneys have regularly represented clients in appearances before the various governing bodies, commissions and agencies ofFayette\'ille and Washington County. Our 12 lawyers have over 200 years ofcombined experience practicing law. The law firm is listed in US. News as one oftlie Best Law Firms in the United States. and based upon demonstrated performance and peer many of our lawyers are designated as ?Best Lawyers in America"_. "Super Lawyer's". or by various objective rating agencies. We thus have the "past record ofperformance". "capacit_\ and perform the and among the various attorneys. have considerable depth of"specialized experience and technical competence" in many areas, including taxation and governineiital at'faii's. Our firm has a substantial tax practice. including state, federal. and local taxation. That is led by 33-year partner. Jack Butt, who in addition to his law degree holds a Masters Degree inTaxation (LL.M.) and was in the first group oflawyers recognized by the Arkansas Board of Legal Specialization for special competence in tax la\\ in 1986. Casey Lawson. who graduated first in her class in accounting at the Sam Walton College. also has a substantial tax practice. the fourth and final element of scoring. "familiarity with advertising and promotion commission lair?, we believe we may have been the only law firm to have represented the Fayetteyille and Promotion Commission, except for perhaps its city attorney. We gained that through a coinpetitiye request for quotes within the last 5 years. To the extent other law firms may apply who can claim such experience. the question would be whether they have "boots on the ground? with the full breadth and depth of their law firm and their primaiy office, a stone's throw from the Fayetteyille Advertising and Promotion Commission. think we are the right law firm for this job. Davis Law Firm Page 4 The ?rm maintains professional liability insurance in the amount of $5 million. All terms and conditions set forth in the Request for Quali?cations, to the extent not satis?ed by this submission, will be satis?ed upon award of the contract. Attached for your further information is a more general overview of the ?rm describing its history, scope of practice, particular attorney quali?cations, and tax practice. Please do not hesitate to contact me if you need further information. Sincerely, DAVIS, CLARK, BUTT, CARITHERS - TAYLOR PLC Jackson Butt ll Enclosure DAVIS LAW FIRM ayetteville Advertising and Promotion Commission RFQ For Legal Services Davis, Clark, Butt, Carithers Taylor, PLC 19 E. Mountain Street, Fayetteville, AR 72701 11. IV. History and Scope of Practice Attorney Biographies Tax Experience Conclusion TABLE OF CONTENTS 1. HISTORY AND SCOPE OF PRACTICE Davis Law Firm is one of the oldest law ?rms in Northwest Arkansas. with over half a century of experience. We enjoy the best attributes ofboth small and large firms close relationships within the firm and with individual clients, the ability to provide clients a wide array oflegal services, and the ability to use a team approach with complex and multiparty litigation, issues and transactions. For every client and case, our persistent goal is to obtain the very best result in an efficient. professional manner. We are deeply connected to our community, providing leadership in civic organizations and nonprofit entities. We are also active in state and local bar association matters; and serve on several Supreme Court appointed committees. Above all, we cherish our reputation for honesty. integiity and competence built since 1953. We practice before all Arkansas local, state and federal courts, the United States Court of Appeals for the Eighth Circuit, and the United States Supreme Court. We also regularly practice before various local, state and federal administrative. regulatory. and governing boards and agencies. Our practice focuses in the Northwest Arkansas counties of Washington. Benton, Carroll and Madison, but extends statewide. We are conveniently located on Mountain Street, just steps from the Fayetteville Town Center. Our credentials demonstrate the quality our practice offers our clients. Seven of our partners are rated ("preeminent"') and one is rated (?distinguished?) by Martindale-Hubbell. The firm is designated as among the Best Law inns in the United States by Best Lawyers in America. which also lists five of our partners, individually. in diverse practice areas, and four of our lawyers as ?Lawyer of the Year." Mid-South Super Lawyers has also listed five of our partners in various practice areas, two being among Super Lawyers? top ?fty lawyers in Arkansas. Two of our partners are Fellows in the American College of Trial Lawyers. Among our diverse practice areas, we have several attorneys whose practice includes tax or hospitality related matters. II. ATTORNEY BIOGRAPHIES The following Davis Law Firm attorneys are contemplated to be the primary attonieys to assist the Fayetteville Advertising and Promotions Commission with tax related legal services: William Jackson ?Jack? Butt, [1 was born in Fayetteville, Arkansas, in 1950. Jack was admitted to the Virginia Bar in 1975 and the Arkansas Bar in 1981. He received his B.A. in 1972 from the University of Virginia and his J.D. with Honors in 1975 and in Taxation in 1979 from The National Law Center of George Washington University. He joined the firm in 1981 after four years? practice with the Army Judge Advocate General?s Corps and two years? private practice in Fairfax, Virginia. Jack regularly litigates in state and federal courts and before various administrative agencies. He was first quali?ed as an Arkansas Board Recognized Tax Specialist in 1986; has been rated AV-Preeminent by since 1994; was recognized by the Arkansas Times? 1995 and 2000 polls as one ofthe top 10 business lawyers in Arkansas; and is listed in Best Lawyers in America in Trusts and Estates and in Super Lawyers in Commercial Litigation. Jack was President of the Washington County Bar Association in 1996-1997; served as President of the Northwest Arkansas Estate Planning Council from 2004-2006; and is an emeritus member ofthe William B. Putman ofCourt, serving as President 2010-201 1. He received the Arkansas Bar Association?s Outstanding Lawyer Citizen Award for 1999-2000. Jack is a member ofthe Washington County and Arkansas Bar Associations, and is admitted to practice before the United States Tax Court and the United States Supreme Court. Casey D. Lawson graduated in 2000 from the University of Arkansas with a Bachelor of Science degree in Business Administration, Summa Cum Laude, majoring in accounting. Casey was the First Ranked Senior Scholar and Outstanding Senior in Accounting in the business college. She received her Juris Doctor degree, Magna Cum Laude in 2003 from the University of Arkansas School of Law at Fayetteville. In law school, she served on the Arkansas Law Review and was Treasurer of Phi Alpha Delta legal fraternity. She received the Award for Top Student in Taxation and Business Planning, was awarded Best Oralist in the prize round of the Ben J. Altheimer Moot Court Competition and was a finalist in the Spring Moot Court Competition. Casey has been rated AV-Preeminent by Martindale-Hubbell. J. David Dixon graduated from the University of Arkansas with a Bachelor of Science degree in Business Administration in 1994, and from Oklahoma State University with a Masters of Science degree in Hospitality Administration in 1997. David worked in restaurant management for seven years and then attended the University of Arkansas School of Law, receiving his uris Doctor degree, Cum Laude, in 2005. During law school. David was a member of Pl1i Delta Phi international legal fraternity and was a representative of the University of Arkansas at the National ATLA Trial Competition. In 2004, David served as a law clerk to Hon. Jimm L. Hendren, Chief U.S. District Judge for the Western Division ofArkansas. In 2010, Davidjoined the ?rm. He graduated from the Springdale Chamber of Commerce's Class XIV Leadership Springdale in 2008 and has been rated BV?Distinguished by Martindale?Hubbell. David is active in the Arkansas State Bar Association and is currently serving as the President ofthe Washington County Bar Association. TAX EXPERIENCE The Davis Law Finn regularly practices in the area of taxation. We help companies and individuals with issues involving estate and business planning to minimize income, estate and gift taxation; representation before the IRS on federal tax audits, assessments and collections; representation before state taxing authorities on income and sales tax audits, assessments and collection procedures; planning and implementation of Section 103 I like-kind exchanges; tax planning and implementation to minimize state and federal taxes in private and commercial transactions; and formation and registration of exempt organizations. CONCLUSION Davis Law Firm is particularly suited to represent the Fayetteville Advertising and Promotions Commission?s need for tax related legal services. Our attorneys? legal abilities are well recognized and we have a strong connection and commitment to the community. Our ?rm?s location on Mountain Street gives us proximity to the Fayetteville Town Center and a unique perspective on the dynamics of Fayetteville?s downtown district. Davis Law Firm seeks the opportunity to provide superior legal services to the Fayetteville Advertising and Promotions Commission.