HomeMy WebLinkAbout102-82 RESOLUTION•
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RESOLUTION •N0. /07?— -
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A MANAGEMENT CONTRACT WITH RURAL MOUNTAIN
PRODUCERS EXCHANGE, INC. FOR OPERATION OF THE DOWNTOWN
FARMER'S MARKET.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a management contract with Rural Mountain
Producers Exhange, Inc. for operation of the downtown Farmers
Market. A copy of the management contract authorized for
execution hereby is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this / /`AI day of
1982.
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ATTEST'*
izat.:,:t, ,(0.24
-. CITY,CLERK
APPROVED:
Ge14f/ ;i4frte
MAYOR
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MANAGEMENT CONTRACT
This contract executed this /7 day of
1982, by and between the City of Fayetteville, Arkansas,
hereinafter called "the City", and Rural Mountain Producers
Exchange, Inc., hereinafter called "the Manager".
WHEREAS, the City has established a farmer's market on
the downtown square; and
WHEREAS, the City has promulgated regulations for the
operation of said farmer's market; and
WHEREAS, the City desires to contract for a manager to
operate said farmer's market in accordance with those regula-
tions promulated by the City; and
WHEREAS, the Manager is capable of managing the aforesaid
farmer's market as desired by the City; and
WHEREAS, at the City's request, the Manager has agreed
to manage the aforesaid farmer's market; and
WHEREAS, the purpose of this contract is to set forth
the terms and conditions under which the Manager will so
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operate the aforesaid farmer's market.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the Manager and the City agree as follows:
1. Manager agrees to manage the aforesaid farmer's
market for members of the general public subject to the
terms and conditions hereinafter set forth:
(a) The farmer's market shall be managed in accordance
with the provisions of §13.13 of the Fayetteville Code
of Ordinances; and the Manager shall not discriminate
in favor, or against, any vendor qualifying to use said
farmer's market under said §13.13.
(b) The Manager shall charge each vendor using the
farmer's market such fees as are established from time
to time by the City. The initial fee to be charged
shall be $5.00 per year plus 10% of gross proceeds realized
by the vendor from sales at the market place.
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(c) Manager shall install and maintain a suitable
bookkeeping and accounting system reflecting an up
to .date record of gross receipts from operation of
the farmers' market. Manager's records shall be open
for inspection by any authorized representative of
the City at all reasonable hours. Within ten days from
August 17 of 1983, Manager shall pay to the City all
gross operating receipts from the previous 12 months.
2. The term of this contract shall be for a period of
one year commencing on the 18th day of August, 1982, and
terminating or. the 17th day of August, 1983; provided, the
City or the Manager shall have the right to terminate this
contract at any time, with or without cause, by giving
thirty (30) days' notice of termination. In the event of
such termination, the Manager shall immediately pay over to
the City all gross receipts accumulated through the termination
date.
3. The Manager shall maintain the marketplace in a
clean and sanitary condition, free from debris and insects.
4. In consideration of Manager operating the City's
farmer's market, the City shall pay the Manager an annual fee
of $9,000.00 payable on or before July 18, 1983.
5. Manager shall procure and shall maintain in full
force and effect during the term of this contract public
.liability insurance providing minimum coverage of $100,000.00/
$300,000.00 for bodily injury and $25,000.00 for property
damage. Manager shall save and hold the City harmless from
any and all claims for personal injury, death or property
damage arising from the performance of this contract.
6. This contract shall be binding upon the parties
hereto and upon their successors and assigns but no
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assignment shall be made by Manager without the prior
written consent of the City. .
IN WITNESS WHEREOF, the parties have executed this contract
on the date first above written.
ATTEST:
M City Clerk;
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ATTEST:
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-CITY OF FAYETTEVILLE,.ARKANSAS
By
MAYOR
4,4(#
RURAL MOUNTAIN PRODUCERS
EXCHANGE, INC.
President
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