HomeMy WebLinkAbout82-87 RESOLUTION•
RESOLUTION NO. 82-87
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A MANAGEMENT CONTRACT WITH
lRU12AL1. MOUNTAIN- PRODUCERS EXCHANGE, INC. FOR
OPERATION OF THE DOWNTOWN -FARMER'S MARKET.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TETE CITY OF
FAYETTEVILLE, ARKANSAS,:
That the Mayor and City Clerk are hereby authorized and
directed to execute a management contract with Rural Mountain
Producers Exchange, Inc. for operation of the downtown Farmer's
Market. A copy of the management contract authorized for execu-
tion hereby is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this
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20th day of
APPROVED
By:
October
1987.
1
MUNITILMID
MANAGEMENT CONTRACT
ierThis contract executed this / day of dy2�
1987, 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 regulations 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 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 herein-
after 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
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.
(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 farmer's market. Manager's records shall be
open for inspection by any authorized representative of the City at
all reasonable hours. Within ten days from October 31, of each year,
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 1st day of November, 1987; provided, this Agreement shall
automatically be extended for additional one-year terms, unless either party
gives written notice of termination. 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 accumu-
lated through the termination date.
3. The Manager shall maintain the marketplace in a clean and sanitary
condition -, free from debris and insects.
Inconsideration of Manager operating_the.City ss farmer_'s_market,_
the City shall pay the Manager an annual fee of $9,000.00 payable on October 31st
of each year.
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 heretoand upon
their successors and assigns but no assignment shall be made by Manager without
the prior written consent of the City.
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IN WITNESS WHEREOF, the parties have executed this contract on the
date first above written.
ATTEST:
x -- t- ATTEST:
Secretary
CITY OF FAYETTEVILLE, ARKANSAS
RURAL MOUNTAIN PRODUCERS
EXCHANGE, INC.
BySitatilat