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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 0 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. 1 • • 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. 2 0 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 0 0 (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 4 0 0 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