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HomeMy Public PortalAboutORD14905 BILL NO. 2011-122 SPONSORED BY COUNCILMAN Griffith ORDINANCE NO. 111 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CHAMBER OF COMMERCE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Chamber of Commerce for economic Development functions. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: � ��, ���� Approved: Pr6si&nj c e r Mayor ATTEST: APPROVED AS TO FORM: � City Clerk /Interim City Counselor Oat``tr IF / J CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES NiBTS This Agreement, entered into this �Al( day of December, 204-2, regardless of when actually executed by the parties, by and between the City of Jefferson, Missouri, a municipal corporation, acting by and through its Mayor, hereinafter referred to as "City" and the Jefferson City 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", WITNESSETH: WHEREAS, City desires to continue to promote the prosperity, economic betterment, general interest and welfare of the City of Jefferson according to its powers granted by law; and WHEREAS,the Jefferson City Area Chamber of Commerce was informed 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 here to do mutually agree that: 1. Scone of Services. The Chamber shall perform functions and services including,but not limited to: a. Industrial and business development b. Solicitation of prospects C. Preparation and distribution of community promotion material d. Grant applications related to specific economic development prospects. 2. Accounting and Reporting. The Chamber shall submit quarterly reports to the City and make itself available to meet with representatives of the City. 3. Term.The services of the Chamber are to commence upon the execution ofthis contract,and expiring October 31,2012. The Contract maybe renewed for four(4)additional one(1)year terms. 4. Payment.The City agrees to pay the Chamber for services to be rendered hereunder the sum U%Cmao- tFilnlcMi kiumberaFcn emcUltClumbnal Con MC3011nVd I of Two Hundred Thousand Dollars ($200,000.00),to be paid in four equal payments on or about January 1, April 1, July 1, and October 1. 5. Audit.The Chamber agrees to furnish the City,at the end of each contract period,a complete financial audit report prepared by a Certified Public Accountant. 6. Independent Contractor Status. The execution of the contract by the Mayor and the City of Jefferson and the approval thereof by the City Council of Jefferson City is not intended to and does not in any manner make the Chamber an agent, agency, or servant of the City of Jefferson, 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. 7. Books and Records. Chamber shall keep its books and records open for inspection at reasonable times by the City or by any persons or entities designated by the City to perform audits. 8. City Liaisons. The Chamber will provide in its by-laws for the appointment by the City of a City Liaison to Site Development Review Board and a City Liaison to the Transportation Committee. The City will appoint a council member to fill each liaison position. 9. 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 sixty (60) days 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. 10. Appropriations Clause. Parties agree that this contract is subject to annual appropriations by the City Council. In the event that the Council fails to appropriate the funds required by this contract in its annual budget,this agreement will be terminable by the City upon thirty days written notice. 11. Contacts. All contacts from the Chamber with the City shall be directed to the City Administrator's office unless otherwise directed and specified by the City Administrator. 12. Notices. All notices required to be in writing may be given by first class mail addressed if to the City then to City Administrator,City of Jefferson,320 East McCarty,Jefferson City,Missouri, 65101,and if to the Chamber then to President, Jefferson City Area Chamber of Commerce at P.O. Box 776, 213 Adams Street, Jefferson City, Missouri, 65102. The date of delivery of any notice shall be the second full day after the day of its mailing. 13. Jurisdiction. This Agreement shall be governed, in all respects by the laws of the State of Missouri. 14. Entire Agreement. The parties acknowledge that this Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings,both oral and written, between the parties. U\C.I.tFJcskcrviakhvnbcr o(wmmsrtc 01%Ch bcr d Cmmmcac 2011,x,d 2 IN WITNESS WHEREOF,the parties hereto have executed this contract as of the date first above written. CITY OF JEFFERSON JEFFERSON CITY AREA CHAMBER OF COMMERCE Mayor �esiden IA- v Attest: Attest: City Clem Title: &6,rd APPROVED AS TO FORM: Interim City Coudselor t��sa «mss„ 3