BILL NO. 597 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 MANAGEMENT OF THE OZARK HERITAGE WELCOME CENTER.

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 management of the Ozark Heritage Welcome Center. The amount expended for the contract shall not exceed $5,000 plus reimbursement of approved out-of-pocket expenditures.

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 25th DAY OF MARCH 2002.

CITY OF WEST PLAINS, MISSOURI

BY:_____________________________________

MAYOR JOE PAUL (J.P.) EVANS

ATTEST:

________________________________

CITY CLERK CONNIE SHELTON

CONTRACT

The City of West Plains upon recommendation by the Tourist Development Advisory Council wishes to contract with the Greater West Plains Area Chamber of Commerce for the services as an independent contractor for management services of the Ozark Heritage Welcome Center located at 2999 Porter Wagoner, West Plains, Missouri.

This agreement, entered into this twenty-fifth day of March 2002 by and between the City of West Plains, Missouri a municipal corporation 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, the City desires to expand its partnership of promoting prosperity, economic betterment, general interest and welfare of the City of West Plains with the Chamber; and

WHEREAS, the City desires to increase the partnership to include the promotion of tourism (economic development) in the West Plains area; and

WHEREAS, the Chamber 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 engage for the performance of said functions and services, which mutually benefits both organizations;

NOW THEREFORE, the parties hereto do mutually agree to:

ç Develop and implement a marketing program as set forth by the Tourist

Development Advisory Council Board.

ç Develop a close working relationship and provide information to the hotel and

bed and breakfast owners/operators regarding marketing program.

ç Coordinate activities between the Ozark Heritage Welcome Center and local,

regional, state and national organizations and agencies keeping both the Tourist Development Advisory Council Board and city administrator informed of all activity.

ç Maintain all records and data systems necessary for the daily operation of the Ozark Heritage Welcome Center.

ç Providing monthly progress reports pertaining to all activities of the Ozark

Heritage Welcome Center.

ç Represent the Ozark Heritage Welcome Center at various meetings and

governmental bodies.

ç Overseeing the day-to-day operations and work of the Ozark Heritage

Welcome Center.

ç Work to improve the communications between the Board, area businesses

collecting tax dollars, media, and the general public

ç Development of all marketing materials.

ç Development and oversight of website.

ç Solicitation and billing of Welcome Center advertising.

ç Make application for and administer all grants for the Tourist Development Advisory Council Board. Application for reimbursement will continue to be completed by City Hall staff.

ç Solicit and coordinate volunteers and paid staff.

Compensation: The City, through the Tourist Development Budget, agrees to compensate the Greater West Plains Area Chamber of Commerce the amount of $5,000 per year for management services. This sum of $5,000 shall be paid in four equal payments of $1,250 on or about June 30, 2002; September 30, 2002, December 31, 2002; and March 30, 2003. The cost of any work listed above that is subcontracted will be deducted from the $5,000 management fee. This contract will be independent of any other contractual agreement between the City and the Chamber.

Term: The aforementioned services will be contracted on a yearly basis beginning April 1, 2002 and shall continue on a yearly basis upon agreement of the City of West Plains, the Tourist Development Advisory Council Board, and the Greater West Plains Area Chamber of Commerce.

Finances: The Chamber shall submit to the Tourist Development Advisory Council Board, City Administrator, and City Clerk a separate accounting of expenditures by the 3^rd day of each month for reimbursement of direct costs incurred by the Chamber to operate the Ozark Heritage Welcome Center. Reimbursement of expenses to the Chamber shall include board approved wages and taxes of hired personnel working hourly at the Ozark Heritage Welcome Center and other incidental expenses. The Ozark Heritage Welcome Center will continue normal accounting procedures related to income and expenses of the organization.

All income related to the Ozark Heritage Welcome Center shall be documented and deposited with reports and deposit slips forwarded to the City Clerk. The City Clerk shall provide monthly financial statements and tax collection information to the Tourist Development Advisory Council Board.

Termination: 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 on compensation shall be determined on a monthly prorata basis over the life of the contract until the effective date of termination. All reimbursable expenses shall be reimbursed to the Chamber in full.

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 respect an independent contractor, and the only liability of the City created by the terms of this contract is the obligation to pay Chamber for services rendered.

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

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

CHAMBER OF COMMERCE CITY OF WEST PLAINS

___________________________ ________________________

Kris Norman, President Joe Paul Evans, Mayor

Dated:______________________ Dated:__________________

___________________________ ________________________

Maurice Sandfort, Chairman Connie Shelton, City Clerk

Dated:______________________ Dated:__________________