114280 0
RESOLUTION NO. 11,428
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH RIVERFEST.
WHEREAS, Riverfest and the City have developed a longstanding association
and cooperative effort in the production of the Riverfest festival held annually
during the Memorial Day weekend which has substantially benefited the citizenry
of the Little Rock metropolitan area both economically and culturally; and
WHEREAS, the parties desire to continue this cooperative effort for the
benefit of the citizenry of the Little Rock metropolitan area; and
WHEREAS, Little Rock Parks and Recreation and Riverfest both desire to
continue utilizing Riverfront Park for this festival and believe it remains the best
location for this festival.
NOW, THERFORE BE IT RESOLVED BY THE LITTLE ROCK CITY BOARD
OF DIRECTORS:
SECTION 1: The City of Little Rock Board of Directors authorizes the City
manager to enter into a contract with Riverfest.
ADOPTED: January 7, 2003
NA CY W06OD9r
CITY CLERK
APPROVED AS TO FORM:
X11 yla�wa i � G
"
MAYOR
0
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THOMAS M. CARPENTER
CITY ATTORNEY
I]
ice. /� V �-
0 0
RIVERFEST AGREEMENT
The City of Little Rock, Arkansas (the "City"), an Arkansas municipal
corporation, and Riverfest, Inc., ( "Riverfest ") a nonprofit organization organized under
the laws of the State of Arkansas, enter into this agreement effective as of January 1,
2003.
WITNESSETH:
WHEREAS, Riverfest and the City have developed a longstanding association
and cooperative effort in the production of the Riverfest festival held annually during
the Memorial Day weekend which has substantially benefited the citizenry of the Little
Rock metropolitan area both economically and culturally, and
WHEREAS, the parties desire to continue this cooperative effort for the benefit of
the citizenry of the Little Rock metropolitan area, and
WHEREAS, the Little Rock Board of Directors has approved and authorized the
City to enter into this agreement in Little Rock Resolution No. 11,428 (January 7, 2003).
NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
ARTICLE I
TERM AND CONSIDERATION
Section 101. Term
The initial term of this agreement shall commence upon the date of full execution
hereof and shall continue for five (5) years thereafter, which period shall include the
festival in 2007. At the end of the initial term, this agreement shall be renewed
automatically for successive one (1) year periods until terminated by either of the
parties upon written notice on or before November 1 following each such festival or
until a new agreement is executed.
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• •
Section 102. Exclusive Control of the Park
Riverfest shall have the exclusive use and control of Riverfront Park (the 'Park ")
beginning at 5:00 a.m. on the Friday preceding the Friday immediately before the
festival weekend until 5:00 p.m. on the Tuesday after the festival. The parties
acknowledge that although Riverfest historically has been held on Memorial Day
weekend, it is not required by this agreement. Riverfest shall have the first option to
reserve Memorial Day weekend for the festival. In any event, the dates of Riverfest shall
be disclosed to the City by December 10th of the year preceding the festival. Riverfest
shall not use or allow others to use any portion of the Park for any purpose other than
Riverfest activities.
Section 103. Consideration.
For and in consideration of the covenants set forth below, Riverfest agrees to pay
an annual permit fee of $7,500.00 for the control of the Park as set forth in Section 102.
The permit fee is due by May 15th each year and shall be payable to the Little Rock
Parks and Recreation Department.
ARTICLE II
DUTIES
Section 201. Duties of the City,
(a) Although Riverfest shall have the exclusive use and control of the Park
during the times specified in Section 102 herein, the City will provide support to
Riverfest by providing the services of the Parks Director and Parks and Public Works
personnel to advise and assist Riverfest personnel with the installation of fencing
around the perimeter of Riverfront Park, as well as to advise and assist with the
provision and location of water and electrical lines, tents, flagging, tables and chairs for
the festival. The City will also assist with trash pickup during the festival and clean up
after the festival.
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(b) The City will provide a number of police officers the City deems necessary to
assist with security and traffic control. It is understood by the parties that Riverfest
intends to provide additional security personnel. At all times deemed necessary by the
Little Rock Police Department, the private security personnel will defer to the
jurisdiction of the Little Rock Police Department. Riverfest shall inform its private
security personnel of this requirement.
Section 202. Duties of Riverfest
Except as otherwise provided in this agreement, Riverfest shall be responsible for
everything that happens in the Park during the festival. Such responsibilities of
Riverfest shall include, without limitation:
(a) to maintain liability insurance coverages against damage or injury to
persons or property, in amounts deemed necessary by the City acting with sole
discretion, naming the City as an additional insured in the policy.
(b) to establish its own rules governing the operation of the festival, including
the selection of booth operators, rules governing dissemination of literature in the Park,
rules to limit litter problems to keep pedestrian traffic moving safely, and to limit
activities to those consistent with the arts and entertainment theme of the festival;
(c) to provide fencing around the perimeter of the Park and to collect an
admission fee from festival attendees entering the Park through various gates for access
to the Park for the entire festival weekend;
(d) to be responsible for compliance with applicable rules and regulations of
the Arkansas Department of Health, the State Alcoholic Beverage Control Board, the
federal Bureau of Alcohol, Tobacco and Firearms, and regulations of the City of Little
Rock Fire Department, and other city, state and federal agencies having jurisdiction
over activities in the Park during the festival;
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(e) with respect to improvements or modifications to the Park made by
Riverfest for the festival, to comply with the requirements of the Americans With
Disabilities Act and all local, state and federal employment rules and regulations and to
require such compliance in contractual agreements with subcontractors; and
(f) to hire adequate security in addition to the police provided by the City,
and to coordinate with the Chief of Police or such other individual designated by the
Chief of Police, sufficiently in advance of the festival concerning the number and work
schedule of police personnel.
(g) Notwithstanding the above, Riverfest shall not be responsible for injury to
City employees otherwise covered by workers' compensation insurance.
Section 203. Hold Harmless
Except for the City's negligence, City shall not be liable to Riverfest, its officers,
directors, employees, independent contractors, agents, invitees, licensees, customers or
visitors, or to any other person whomsoever, for any injury to person or damage to
property on or about the Park during the festival. Riverfest agrees to hold the City
harmless from any loss, expense or claims arising out of such damage or injury to
person or property.
ARTICLE III
CONTACT PERSONS
Section 301. Contact Person for the City
City of Little Rock
City Manager
500 W. Markham
Little Rock, Arkansas 72201
(501) 371 -4510
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Section 302. Contact Person for Riverfest.
Riverfest, Inc.
Executive Director
P. O. Box 3232
Little Rock, Arkansas 72203
(501) 255 -3375
ARTICLE IV
MISCELLANEOUS
Section 401. Agreement Governed By Laws of Arkansas
This agreement shall be governed by the laws of the State of Arkansas.
Section 402. Miscellaneous.
Riverfest is not acting herein as an agent or employee of the City, but shall in all
respects have the rights and liabilities of an independent contractor.
Section 403. Miscellaneous
(a) This agreement shall be executed in the original, and any number of
executed copies. Any copy of this agreement so executed shall be deemed an original
and shall be deemed authenticated for any other use.
(b) The officials who have executed this agreement hereby represent and
warrant that they have full and complete authority to act on behalf of Riverfest and the
City respectively, and by their signatures below the terms and provisions hereof
constitute valid and enforceable obligations of each.
(c) This agreement is the entire contract between the parties and no
modification hereof shall be made except in writing signed by both parties.
(d) This agreement shall supercede and replace in full that certain agreement
dated October 30, 1997 between the parties.
E
0
•
WITNESS our hand and seal on the dates provided below.
CITY- MANAGER
EXECUTIVE DIRECTOR
RIVERFEST, INC.
ATTEST:
TTLE J�OCK CITY CLERK
APPROVED AS TO FORM:
LITTLE ROCK CITY ATTORNEY
DATE
DATE
• •
RIVERFEST AGREEMENT
The City of Little Rock, Arkansas (the "City"), an Arkansas municipal
corporation, and Riverfest, Inc., ( "Riverfest ") a nonprofit organization organized under
the laws of the State of Arkansas, enter into this agreement effective as of January 1,
2003.
WITNESSETH:
WHEREAS, Riverfest and the City have developed a longstanding association
and cooperative effort in the production of the Riverfest festival held annually during
the Memorial Day weekend which has substantially benefited the citizenry of the Little
Rock metropolitan area both economically and culturally, and
WHEREAS, the parties desire to continue this cooperative effort for the benefit of
the citizenry of the Little Rock metropolitan area, and
WHEREAS, the Little Rock Board of Directors has approved and authorized the
City to enter into this agreement in Little Rock Resolution No. 11,428 (January 7, 2003).
NOW THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
ARTICLE I
TERM AND CONSIDERATION
Section 101. Term
The initial term of this agreement shall commence upon the date of full execution
hereof and shall continue for five (5) years thereafter, which period shall include the
festival in 2007. At the end of the initial term, this agreement shall be renewed
automatically for successive one (1) year periods until terminated by either of the
parties upon written notice on or before November 1 following each such festival or
until a new agreement is executed.
Section 102. Exclusive Control of the Park
Riverfest shall have the exclusive use and control of Riverfront Park (the 'Park ")
beginning at 8:00 a.m. on the Friday preceding the Friday immediately before the
festival weekend until 5:00 p.m. on the Tuesday after the festival. The parties
acknowledge that although Riverfest historically has been held on Memorial Day
weekend, it is not required by this agreement. Riverfest shall have the first option to
reserve Memorial Day weekend for the festival. In any event, the dates of Riverfest shall
be disclosed to the City by December 10th of the year preceding the festival. Riverfest
shall not use or allow others to use any portion of the Park for any purpose other than
Riverfest activities.
Section 103. Consideration.
For and in consideration of the covenants set forth below, Riverfest agrees to pay
an annual permit fee of $7,500.00 for the control.of the Park as set forth in Section 102.
The permit fee is due by May 15th each year and shall be payable to the Little Rock
Parks and Recreation Department.
ARTICLE II
DITTIES
Section 201. Duties of the City,
(a) Although Riverfest shall have the exclusive use and control of the Park
during the times specified in Section 102 herein, the City will provide support to
Riverfest by providing the services of the Parks Director and Parks and Public Works
personnel to advise and
assist Riverfest
personnel with
the installation of fencing
around the perimeter of
Riverfront Park,
as well as to
advise and assist with the
provision and location of water and electrical lines, tents, flagging, tables and chairs for
the festival. The City will also assist with trash pickup during the festival and clean up
after the festival.
2
F- I
0
(b) The City will provide a number of police officers the City deems necessary to
assist with security and traffic control. It is understood by the parties that Riverfest
intends to provide additional security personnel. At all times deemed necessary by the
Little Rock Police Department, the private security personnel will defer to the
jurisdiction of the Little Rock Police Department. Riverfest shall inform its private
security personnel of this requirement.
Section 202. Duties of Riverfest
Except as otherwise provided in this agreement, Riverfest shall be responsible for
everything that happens in the Park during the festival. Such responsibilities of
Riverfest shall include, without limitation:
(a) to maintain liability insurance coverages against damage or injury to
persons or property, in amounts deemed necessary by the City acting with sole
discretion, naming the City as an additional insured in the policy.
(b) to establish its own rules governing the operation of the festival, including
the selection of booth operators, rules governing dissemination of literature in the Park,
rules to limit litter problems to keep pedestrian traffic moving safely, and to limit
activities to those consistent with the arts and entertainment theme of the festival;
(c) to provide fencing around the perimeter of the Park and to collect an
admission fee from festival attendees entering the Park through various gates for access
to the Park for the entire festival weekend;
(d) to be responsible for compliance with applicable rules and regulations of
the Arkansas Department of Health, the State Alcoholic Beverage Control Board, the
federal Bureau of Alcohol, Tobacco and Firearms, and regulations of the City of Little
Rock Fire Department, and other city, state and federal agencies having jurisdiction
over activities in the Park during the festival;
3
f •
(e) with respect to improvements or modifications to the Park made by
Riverfest for the festival, to comply with the requirements of the Americans With
Disabilities Act and all local, state and federal employment rules and regulations and to
require such compliance in contractual agreements with subcontractors; and
(f) to hire adequate security in addition to the police provided by the City,
and to coordinate with the Chief of Police or such other individual designated by the
Chief of Police, sufficiently in advance of the festival concerning the number and work
schedule of police personnel.
(g) Notwithstanding the above, Riverfest shall not be responsible for injury to
City employees otherwise covered by workers' compensation insurance.
Section 203. Hold Harmless
Except for the City's negligence, City shall not be liable to Riverfest, its officers,
directors, employees, independent contractors, agents, invitees, licensees, customers or
visitors, or to any other person whomsoever, for any injury to person or damage to
property on or about the Park during the festival. Riverfest agrees to hold the City
harmless from any loss, expense or claims arising out of such damage or injury to
person or property.
ARTICLE III
CONTACT PERSONS
Section 301. Contact Person for the City
City of Little Rock
City Manager
500 W. Markham
Little Rock, Arkansas 72201
(501) 371 -4510
•
H
Section 302. Contact Person for Riverfest.
Riverfest, Inc.
Executive Director
P. O. Box 3232
Little Rock, Arkansas 72203
(501) 255 -3378
ARTICLE IV
MISCELLANEOUS
Section 401. Agreement Governed By Laws of Arkansas
This agreement shall be governed by the laws of the State of Arkansas.
Section 402. Miscellaneous.
Riverfest is not acting herein as an agent or employee of the City, but shall in all
respects have the rights and liabilities of an independent contractor.
Section 403. Miscellaneous
(a) This agreement shall be executed in the original, and any number of
executed copies. Any copy of this agreement so executed shall be deemed an original
and shall be deemed authenticated for any other use.
(b) The officials who have executed this agreement hereby represent and
warrant that they have full and complete authority to act on behalf of Riverfest and the
City respectively, and by their signatures below the terms and provisions hereof
constitute valid and enforceable obligations of each.
(c) This agreement is the entire contract between the parties and no
modification hereof shall be made except in writing signed by both parties.
(d) This agreement shall supercede and replace in full that certain agreement
dated October 30, 1997 between the parties.
0
WITNESS our hand and seal on the dates provided below.
CITY MANAGER DATE
EXECUTIVE DIRECTOR DATE
RIVERFEST, INC.
ATTEST:
LILI TLCITY CLERK
APPROVED AS O FORM: t
_ `CRY
¢n
LITTT L ROCK CITY ATTOR Y
RESOLUTION NO. 11,428
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH RIVERFEST.
WHEREAS, Riverfest and the City have developed a longstanding association
and cooperative effort in the production of the Riverfest festival held annually
during the Memorial Day weekend which has substantially benefited the citizenry
of the Little Rock metropolitan area both economically and culturally; and
WHEREAS, the parties desire to continue this cooperative effort for the
benefit of the citizenry of the Little Rock metropolitan area; and
WHEREAS, Little Rock Parks and Recreation and Riverfest both desire to
continue utilizing Riverfront Park for this festival and believe it remains the best
location for this festival.
NOW, THERFORE BE IT RESOLVED BY THE LITTLE ROCK CITY BOARD
OF DIRECTORS:
SECTION 1. The City of Little Rock Board of Directors authorizes the City
manager to enter into a contract with Riverfest.
ADOPTED: January 7, 2003
NA ICY OOD$
CITY CLERK
APPROVED AS TO FORM:
"
MAYOR