BILL NO. 596 RESOLUTION ______________

A RESOLUTION OF THE CITY OF WEST PLAINS, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE GREATER WEST PLAINS AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS;

Section 1: The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the West Plains Area Chamber of Commerce for Economic Development. The amount expended for the contract shall not exceed $16,000.

Section 2: The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A.

Section 3: This Resolution shall be in full force and effect from and after the date of its passage and approval.

PASSED AND APPROVED THIS _______DAY OF __________, 2002.

CITY OF WEST PLAINS, MISSOURI

BY:_____________________________________

MAYOR JOE PAUL (J.P.) EVANS

ATTEST:

________________________________

CITY CLERK CONNIE SHELTON

SERVICE CONTRACT

This agreement, entered into this 25th day of March, 2002 by and between the City of West Plains, Missouri, a municipal corporation, acting by and through its Mayor, hereinafter referred to as “City” and the Greater West Plains Area Chamber of Commerce, a corporation formed and existing under the General Not for Profit Corporation Act of Missouri, hereinafter referred to as the “Chamber”.

WHEREAS, City desires to continue to promote the prosperity, economic betterment, general interest and welfare of the City of West Plains according to its powers granted by law; and

WHEREAS, the Greater West Plains Area Chamber of Commerce was formed for the purpose of performing functions and services which include those required to give expression to the City’s said desire; and

WHEREAS, it is in the best interest of the City to utilize the services of the Chamber for the performance of said functions and services, for which reason the City desires to engage the Chamber and the Chamber desires to be engaged, for the performance of said functions and services.

NOW THEREFORE, the parties hereto do mutually agree that:

1. The Chamber shall perform functions and services including but not limited to industrial/business development.

2. Chamber shall submit to the Mayor, City Council, and City Administrator a separate accounting of economic development expenditures including the specific use the City’s contribution on a monthly basis.

3. The services of the Chamber are to commence upon the first day of April 2002 and shall be for a period expiring March 31, 2003.

4. The City agrees to pay the Chamber for services to be rendered hereunder the sum of sixteen thousand dollars ($16,000) to be paid in four equal payments of four thousand dollars ($4,000) on or about April 1, July 1, October 1 and January 1.

5. The chamber agrees to furnish the city, at the end of the contract period, a complete financial audit report prepared by a certified public accountant.

6. This contract may be terminated by either party with just cause, provided that the terminating party shall give written notice to the other party at least three (3) months prior to termination of this contract. In the event of termination, all moneys due and owing shall be determined on a monthly prorata basis over the life of the contract until the effective date of termination.

7. The execution of the contract by the Mayor and the City of West Plains and the approval thereof by the City Council of West Plains is not intended to and does not in any manner make the Chamber an agent, agency, or servant of the City of West Plains, Missouri, it being expressly understood that the Chamber is in all respects an independent contractor, and the only liability of City created by the terms of this contract is the obligation to pay Chamber for services rendered.

8. Chamber shall keep its books and records open for inspection at reasonable times by the City Clerk or by any persons or entities designated by the City to perform audits.

9. This contract shall become effective upon execution by the parties herein and authorization or confirmation by ordinance of the City Council of West Plains, Missouri.

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written.

GREATER WEST PLAINS AREA CITY OF WEST PLAINS, MISSOURI

CHAMBER OF COMMERCE

_____________________________ ___________________________

TITLE: MAYOR JOE PAUL EVANS

ATTEST: ATTEST:

_____________________________ _____________________________

TITLE: CITY CLERK CONNIE SHELTON