1662~,
ORDINANCE NO. ~ 6a
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR ECONOMIC
DEVELOPMENT SERVICES, APPROVING A CONTRACT BETWEEN THE CITY OF
WEST MEMPHIS AND THE WEST MEMPHIS CHAMBER OF COMMERCE, AND FOR
OTHER PURPOSES.
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, there are many items necessary for the City's use
where competitive bidding is deemed not feasible or practical; and
WHEREAS, the West Memphis Chamber of Commerce and the City of
West Memphis have proposed an agreement whereby the Chamber of
Commerce agrees to provide economic development services for the
City and the City agrees to provide funding for said services; and
WHEREAS, it is hereby found and determined that it would not
be feasible or practical to conduct competitive bidding for such
services;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS:
1. Competitive bidding be waived for the employment of the
West Memphis Chamber of Commerce to provide economic development
services to the City of West Memphis. Competitive bidding is being
waived for the reason that competitive bidding of these services
would not be feasible or practical and the West Memphis Chamber of
Commerce has unique knowledge and experience in providing such
services for the City of West Memphis.
2. The 1995 Agreement between the City of West Memphis and
the West Memphis Chamber of Commerce, for economic development
services is hereby approved, and the Mayor and the City Clerk are
hereby authorized to execute said Agreement on behalf of the City
of West Memphis.
PASSED AND APPROVED this J~~ day of (~ece rr.he~- ,
I
19~.
KEITH M.
ATTEST:
SPONSORED BY:
1~ ~
GRAM, Ma
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
THIS AGREEMENT made and entered into this day by and
between the CITY OF WEST MEMPHIS, ARKANSAS, an Arkansas
municipal corporation, hereinafter referred to as the "City" and
the WEST MEMPHIS AREA CHAMBER OF COMMERCE, INC., an Arkansas
non-profit corporation, hereinafter referred to as the
"Chamber";
WHEREAS, the Chamber is an Arkansas non-profit corporation
for which the specific organizational purposes of said
corporation include the furtherance of economic development in
West Memphis, Arkansas, and the promoting and assisting of
growth and development of business concerns in the City of West
Memphis and the surrounding area; and
WHEREAS, the City is authorized, pursuant to Arkansas Code
Annotated Section 14-54-101, to contract and be contracted with;
and
WHEREAS, the economic development of the City and the
surrounding area, and the promoting of and assisting in the
growth and development of business concerns, including small
business concerns, in the City and the surrounding area by
increased employment will improve and better the City; and
WHEREAS, it is the desire of the City and the Chamber to
enter into a contractual agreement calling for the Chamber to
provide to the City consultation in industrial and economic
development services; and
WHEREAS, the City recognizes, that the Chamber will be able
to provide said services with additional staffing and that the
Chamber is uniquely skilled for rendering such advice,
counseling and services for the benefit of the industrial and
economic development of the City; and
WHEREAS, the City, will pay to the Chamber a sum quarterly,
as is more fully described hereinafter, for the provision of
such services;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the premises
herein and for the consideration set forth hereinafter, the
parties hereto agree as follows:
1. The Chamber shall develop and oversee the development
of an overall marketing strategy designed to promote increased
employment in West Memphis and the surrounding area, through the
expansion of existing businesses and industries, the location of
new businesses and industries and the like.
2. The Chamber shall give such technical advice as may be
necessary to effectuate the above intents, and shall further
advise and counsel the City on areas of potential markets and
marketing strategy for industrial and economic development.
3. It is specifically understood between the parties that,
notwithstanding the terms of this Agreement, the Chamber is and
shall remain an Arkansas non-profit corporation answerable only
to its elected Board of Directors and shall not be, become or be
construed as a part of the City.
4. The term of this Agreement shall be for an initial
period beginning upon the date of execution hereof and
continuing until December 31, 1995, at which time the services
provided to the City by the Chamber shall be evaluated by the
Mayor and City Council of the City. Thereafter, this Agreement
may be renewed and extended for successive one-year periods,
beginning on January 1 of each year unless or until canceled as
hereinafter provided.
5. As payment for the services described herein, the City
agrees to pay the Chamber the sum of $140,000.00. Said amount
shall be paid to the Chamber in four (4) equal quarterly
installments, with the first payment to be made on April 1,
1995.
6. The City agrees to make available to the Chamber for
use in the performance of this Agreement one (1) PC computer and
Printer (Macintosh SE, inventory #5237 and LaserWriter II,
inventory #5225).
7. The Chamber specifically agrees that none of the monies
paid to it by the City will be used to pay the costs of the
Chamber's present operations, but will be used solely for
industrial and economic development programs. This provision
shall not be construed as prohibiting the expenditure of funds
to entice present prospects of the Chamber.
8. The City specifically reserves the right to amend, from
time to time, based upon its financial condition, the sums
payable by it to the Chamber in accordance with such Resolutions
and Orders as may, from time to time, be adopted by the West
Memphis City Council.
9. The Chamber agrees to submit to the City a quarterly
financial statement detailing its expenditure of funds
appropriated to it by the City. The funds received by the
Chamber will be administered by the Executive Director, under
the supervision and direction of the Chamber's Board of
Directors.
10. Upon the approval of the Mayor and City Council, the
Chamber may carry over into the next contract year any funds
unspent and undesignated at the end of any fiscal year.
11. The Chamber shall cause quarterly written reports to
be prepared and presented to the Mayor and City Council at or
near the end of each quarterly funding cycle, and in such format
as will provide the City's Financial Director with all financial
information necessary to meet all requirements of State law as
concerns audits and financial information.
12. The Chamber agrees to devote substantial time,
interests and energies to the performance of the duties
undertaken by it in this Agreement, and the Chamber further
agrees to faithfully, diligently and according to its best
abilities in all respects, use its utmost endeavors to promote
the interests of the City of West Memphis.
13. This Agreement may be terminated by either party on
ninety (90) days written notice to the other party.
14. The parties agree that the governing boards of the
City and the Chamber shall work together to accomplish the
ultimate goals of industrial and economic development.
15. This Agreement shall be construed in accordance with
the laws of the State of Arkansas.
16. This Agreement shall inure to and be binding upon the
parties hereto.
~.
IN TESTIMONY WHEREOF, the parties hereto, by and through
their respective duly authorized officers, have executed this
Agreement on this ~ day of ~zc~be~ 19 ~ !~.
CITY OF WEST MEMPH , ARKANSAS
"'II A I
l~
TH NGRAM, Mayor
WEST MEMPHIS AREA CHAMBER OF
COMMERCE, INC.
By:
President