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RESOLUTION NO. 10 62
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH
RIVERFEST, INC.; EXPRESSING THE INTENT OF
THE CITY TO USE THE FUNDS COLLECTED BY THE
CITY FROM THE ANNUAL RIVERFEST FESTIVAL
FOR IMPROVEMENTS IN JULIUS BRECKLING
RIVERFRONT PARK.
WHEREAS, the City of Little Rock (the "City ") and Riverfest, Inc. (`Riverfest ") have
for several years entered into contracts concerning Riverfest's operation of the annual Riverfest
festival in Julius Breckling Riverfront Park; and
WHEREAS, the parties desire to enter into a new agreement setting forth the terms
and conditions for the operation of the festival; and
WHEREAS, the parties acknowledge that the Riverfest festival has a unique and
substantial impact on the grounds, infrastructure and park improvements, and that it is
necessary to expend funds on repair, replacement and improvement of park facilities.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1: The Mayor and City Clerk are authorized to execute an agreement with
Riverfest, Inc. in substantially the form attached hereto as Exhibit "A ", such terms and
conditions subject to the approval of the City Attorney.
SECTION 2: It is the expressed intent of the City that the funds collected by the City
from the Riverfest festival be placed in the Adopt -a -Park account or such other special account
to be earmarked for use by the Department of Parks and Recreation for projects which are
designed to expand and improve Riverfront Park.
I ADOPTED: September 2, 1997
3 ATTEST:
a
5 ROBBIE HAN OC {
6 CITY CLERK
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8 APPROVED AS TO FORM:
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11 THOMAS M. CARPEN R
12 CITY ATTORNEY
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APPROVED:
JIi AILEY
MA OR
i 15
• • EXHIBIT "A"
AGREEMENT
The City of Little Rock, Arkansas ( "City "), a municipal corporation organized under the
laws of the State of Arkansas, and Riverfest, Inc., ( "Riverfest ") a nonprofit organization organized
under the laws of the State of Arkansas, enter into this agreement effective this day of
1997.
WITNESSETH:
WHEREAS, the City and Riverfest 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
citizens of the Little Rock metropolitan area.
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. 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 ninety (90) days prior written notice 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 the entire 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. With respect to the two
pavilions in the River Market, Riverfest shall have the exclusive use and control thereof beginning
at 8:00 a.m. on Thursday preceding the festival until 7:00 a.m. on Tuesday following the festival.
Riverfest shall not use or allow others to use any portion of the Park including the pavilions for any
purpose other than Riverfest activities.
Section 103. Consideration.
For and in consideration of the covenants set forth below, Riverfest agrees to pay a $1,500
permit fee and the monies identified in Section 301. The permit fee is due by May 15th each year.
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, and tables and
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chairs for the festival. The City will also assist with trash pickup during the festival and clean up
after the festival.
(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.
(c) The City shall provide adequate storage space for Riverfest equipment used during the
festival. If the City does not so provide and it becomes necessary for Riverfest to secure storage at
its own expense, then such cost may be deducted from the $125,000 Riverfest commitment to the
River Market.
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 during the festival with the City named 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 a nominal admission
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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;
(e) 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 Assistant Chief of Police- Police Operations Bureau, 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.
Notwithstanding the above, Riverfest shall not be responsible for injury to City employees
otherwise covered by workers' compensation insurance.
ARTICLE III
CONTRIBUTION TO THE CITY
Section 301. Annual Contribution to City
Promptly following the completion of the annual audit of the financial statements of
Riverfest, Riverfest shall pay to the City an amount equal to fifty percent (50 %) of the net income
of Riverfest for the fiscal year to which the audit applies, up to $5,000. Such amount shall be in
addition to the $1,500 permit fee referenced in Section 103.
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ARTICLE IV
CONTACT PERSONS
Section 401. Contact Person for the Ci
City of Little Rock,
City Manager
500 West Markham
Little Rock, Arkansas 72201
(501) 371 -4510
Section 402. Contact Person for Riverfest.
Riverfest, Inc.,
Executive Director
P.O. Box 3232
Little Rock, Arkansas 72203
(501) 376 -4781.
ARTICLE V
MISCELLANEOUS
Section 501. Agreement Governed By Laws of Arkansas.
This agreement shall be governed by the laws of the State of Arkansas.
Section 502. Independent Contractor.
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 503. Miscellaneous.
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.
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The director and official who have executed this agreement hereby represent and warrant that
they have full and complete authority to act on behalf of Riverfest or the City, respectively, and by
their signature below the terms and provisions hereof constitute valid and enforceable obligations
of each.
This agreement is the entire contract between the parties and no modification hereof shall be
made except in writing signed by both parties.
This agreement shall supersede and replace in full that certain agreement dated May 6, 1991
between the parties.
WITNESS our hand and seal on the dates provided below.
do-"
MA R, CITY OF DATE
LIT LE ROCK
EXECUTIVE DIRECTOR DATE
RIVERFEST, INC.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
THOMAS M. CARPENTER
CITY ATTORNEY
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