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15147 1 RESOLUTION NO. 15,147 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER 4 INTO A CONTRACT WITH PEPSICO, INC., FOR THE EXCLUSIVE 5 POURING RIGHTS FOR CITY PARKS AND RECREATION FACILITIES; 6 AND FOR OTHER PURPOSES. 7 8 WHEREAS,the City of Little Rock,Arkansas("the City"), is in need of a vendor to supply carbonated 9 beverages and non-carbonated beverages at City Parks and Recreation facilities; and, 10 WHEREAS,the City issued a Request for Proposal for the Pouring Rights to these facilities to consist 11 of the exclusive right and ability to sell products and to advertise at Little Rock Parks and Recreation 12 facilities,except in the case of special events hosted by the City; and, 13 WHEREAS, the most responsive and responsible bidder for Bid No. 612 was PepsiCo, Inc. 14 ("PepsiCo");and, 15 WHEREAS, the contract shall require PepsiCo, Inc., to pay the City for the exclusive use of City 16 facilities,and to pay the City additional fees and commissions. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 18 NORTH LITTLE ROCK,ARKANSAS: 19 Section 1.The Mayor and City Clerk are hereby authorized to enter into a contract with PepsiCo, Inc., 20 for the exclusive pouring rights for City's Parks and Recreation facilities. 21 Section 2. The contract shall require PepsiCo, Inc., to pay the City Twenty Thousand Dollars 22 ($20,000.00), plus additional fees and commissions for a total cash support and marketing fund pledge 23 totaling Two Hundred Six Thousand, Eight Hundred Seventy Dollars ($206,870.00) payable annually; if 24 the contract and extensions are honored, one sixth of which is Thirty-Four Thousand, Four Hundred 25 Seventy-Eight and 33/100 Dollars($34,478.33)will be paid in annual installments. 26 Section 3.The term of this contract shall be one(I)-year with the option of up to five(5),one(1)-year 27 renewals,provided the first year shall end on December 3 I,2020. 28 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 29 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 30 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 31 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 32 resolution. 33 Section 5. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with 34 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. [Page 1 of21 I ADOPTED: January 21,2020 2 ATTR,- APPROVED: 4 /As._ _i 5 :lira, .t n"? City Clerk Frank Scott,Jr.,Mayor 6 AP' t 6 TO LEGAL FORM: 7 9 Th l a 9 Thomas M.. Carpenter, Cnter,City Attorn 10 // 1I // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // 36 // (Page 2 of 21