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1579~' ORDINANCE NO. ~~ ~~ AN ORDINANCE WAIVING COMPETITIVE BIDDING AND APPROVING A CONTRACT BETWEEN THE WEST MEMPHIS ADVERTISING AND PROMOTION COMMISSION AND LIVIN' ON THE LEVEE, INC., FOR THE 1993 LIVIN' ON THE LEVEE FESTIVAL. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, the West Memphis Advertising and Promotion Commission desires to contract with Livin' On The Levee, Inc., for services connected with tourism events, particularly the 1993 Livin' On The Levee Festival; and WHEREAS, pursuant to A.C.A. 26-75-606, the Advertising and Promotion Commission is the body that determines the use of the city advertising and promotion fund; and WHEREAS, organizing, promoting and coordinating the 1993 Livin' On The Levee Festival is an exceptional situation for which the competitive bidding procedure is hereby deemed to be neither feasible or practical; and WHEREAS, the services to be provided by Livin' On The Levee, Inc., pursuant to the proposed agreement further the purposes of the Advertising and Promotion Commission to advertise and promote the City of West Memphis and its environs and said contract should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the services of organizing, promoting and coordinating the 1993 Livin' On The Levee Festival for the reason that the competitive bidding procedure is hereby deemed to be neither feasible or practical for such an e:~ceptional situation; 2. That the proposed agreement between the West Memphis Advertising and Promotion Commission and Livin' On The Levee, Inc., for the organization, promotion and coordination of the 1993 Livin' On The Levee Festival is hereby approved and the Chairman of the Advertising and Promotion Commission is hereby authorized to execute said agreement on behalf of the Commission. APPROVED this l5~ day of ~ 1993. KR TH M. INGRAM, May r RECE~~E~ .'"~ CITY CLERK OFFICE DATE 3-ts -4 ~ I~'a c~ ~/~ A?~I ~n.- city~aplevee,ord 2 .f AGREEMENT This Agreement entered into on the ~ day of ~~~~~ , I l 1993, between the west riemphis Advertising and Promotion Commission (hereinafter referred to as the "Commission") and Livin' On the Levee, Inc.: WHEREAS, pursuant to A.C.A. 26-75-606 and Section 3.04 of the West Memphis Municipal code, the Commission is authorized to use funds credited to the city advertising and promotion fund for advertising and promoting the city and its environs and the Commission is the body that determines the use of said fund; and WHEREAS, the Commission is authorized by A.C.A. 26-75-606 to contract with such groups to provide to the Commission actual services that are connected with tourism events; and WHEREAS, the Commission desires to contract with Livin' On 't The Levee, Inc., for actual. services connected with tourism events, particularly the 1993 Livin' On the Levee Festival, the parties agree as follo~,rs: 1. In consideration of the slim of $20,000.00 to be paid to Livin' On The Levee, Inc., by the Commission, Livin' On The Levee, Inc., agrees to organize, promote and coordinate all aspects of the 1993 Livin' On The Levee Festival; and 2. To further the advertising and promotion of the City of West Memphis, Livin' On the Levee, Inc., agrees to include the name of the City of West Memphis Advertising and Promotion Commission as a sponsor of the 1993 Livin' On The Levee Festival in all advertising and promotional material, either printed or broadcast, in which sponsors are included; and 1 3. Livin' On The Levee, Inc., agrees to provide to the Commission, not later than sixty (60) days after the conclusion of the 1993 Livin' Oti The Levee Festival, a report including attendance, events, advertising and promotional efforts, a financial report and such other information as may be requested by the Commission. 4. Livin' On The Levee, Inc., agrees to provide to the City Council, not later than ninety (90) days after the conclusion of the 1993 Livin' On The Levee Festival, a report including attendance, events, advertising and promotional efforts, a financial report and such other information as may be requested by the City Council. 5. Livin' On The Levee, Inc., agrees to notify the City Council as to who will hold the position of secretary-treasurer; and 6. Livin' On The Levee, Inc., agrees to the records being subject to the Freedom of Information Act of 1967. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written above. CITY OF WEST MEMPHIS ADVERTISING AND PROMOTION COMMISSION By: '~ CHAIRMAN ATTEST: ~~ G..~,c`~-F~ ~~.~~--tom SECRETARY r LIVIN/ON THE LEVEE, INC. CHAIRMAN ATTEST: C^ly~ CC,~ cG~ ~ ~ SECRETARY