1373r
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ORDINANCE N0. ~ ~-~
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, DECLARING AN EMERGENCY 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
City's Economic Development Department is to be merged with
the Chamber of Commerce, and 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 Agreement between the City of West Memphis and
the West Memphis Chamber of Commerce, for these services is
hereby approved, and the Mayor and the City Clerk are
hereby authorized to execute said Agreement.
3. Emer~encv Clause. It having been found and
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determined by the City Council of the City of West Memphis, -~9,~'
Arkansas, that there is an urgent need by the City of West ~`~~` +°
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Memphis to proceed with economic development, an emergency
is hereby declared to exist, and this ordinance being
necessary for the preservation of the public peace, health,
safety and welfare of the Citizens of West Memphis,
Arkansas, shall be in full force and effect from and after
the date of its passage and approval.
PASSED AND APPROVED this 1{~! day of ~l~l~. ,
1989.
K TH M. I GRAM, or
ATTEST'
DA CRAF Ci y Clerk
~l
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 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, which services shall
incorporate the services presently provided by the City's
Office of Economic Development, which shall be merged into
the Chamber and made a part thereof; and
WHEREAS, the City recognizes, that the Chamber will be
able to provide said services with additional satffing 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, 1989, 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 cancelled as hereinafter provided.
5. As payment for the services described herein, the
City agrees to pay to the Chamber the sum of $125,825.00,
such amount being the amount in the 1989 City budget for
the Office of Economic Development. Said amount shall be
paid to the Chamber in four (4) equal quarterly
installments, with the first payment to be made on April 1,
1989.
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.
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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 _ ~~~~~C ,
1989.
CITY OF WEST MEMPHIS, ARKANSAS
By: -
K ITH M. INGRAM, M or
ATTEST•
DAN CRAF , C ty Clerk
THE WEST MEMPHIS AREA CHAMBER
OF COMMERCE, INC.
President
ATTEST:
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Secretary