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HomeMy WebLinkAboutRES.1404.10-05-1998 • ; • . BILL N0. 98-198 RESOLUTION N0. /`����-I A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH THE CAPE GIRARDEAU AREA INDUSTRIAL RECRUITMENT ASSOCIATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Services with the Cape Girardeau Area Industrial Recruitment Association. A copy of said Col�tract is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS ��r DAY OF ` �� 19�. ��C'�UC'.2: � . , � A. . Spradling, III, a or ATTEST : � � '1 L Gayle � . Conrad Deputy City Clerk ' .- _ r CONTRACT FOR SERVICES This agreement is made and entered into this 5�_ day of Detober , 1998, by and between the Cape Girardeau Area Industrial Recruitment Association ("Association") and the City of Cape Girardeau, Missouri ("Founder"). Whereas, Founder is one of a group of Founders wllich have established Association to provide services to Founder; and Whereas, the Association has been constituted a general not-for-profit corporation in the State of Missouri, whose corporate purpose is to actively solicit business, industry and commerce for the greater Cape Girardeau, Missouri, area; and Whereas, Founder is to receive the direct and indirect benefit of the activities and efforts of Association. Now Therefore, the parties agree as follows: 1. TERM The term of this agreement shall be for three (3.) years beginning January 1, 1999, and ending December 31, 2001. 2. PAYMENT Founder shall pay to Association the sum of Fifty Seven Thousand Seven Hundred Fifty Dollars ($57,750) per year for each year of this agreement payable in ec�ual installments of Fourteen Thousand Four Hundred Thirty- Seven Dollars and Fifty Cents ($14,437.50) each, payable January l, April 1, July 1 and October 1 of each year during the term of this agreement. 3. SERVICES Association will provide to Founder the direct and indirect benefit of Association carrying out the stated corporate purposes of Association which is to solicit and recruit business and commerce to the Cape Girardeau, Missouri, area through establishinb an office and hiring personnel to pursue industrial recruitment on a full-time basis as directed by the member of the Board of Directors of Association made up of individuals elected and appointed by the Founders of the Association. 4. FOUNDER REPRESENTATION Founder shall have the right to select two (2) of Association's seven {7) member board of directors, which two directors shall serve staggered terms to be determined in accordance with the bylaws of Association. 5. ANNUAL REPORTS AssociatioEi will report, not less than annualiy, to Founder on its recruitment and promotional activities and its financial transactions including details of receipts and expenditures. 6. AREA PROMOTED Association will promote the abgregate geographic area represented by all Founders and shall not promote any activity outside said geographic area without the express unanimous consent of the directors of Association. The a�grebate geographic area represented by Founders is that area witliin tlie boundary of Cape Girardeau County, Missouri, and within the cities of Cape Girardeau, Jackson and Scott City, 1Vlissouri. 7. BOOKS AND R�CORDS All books and records of the Association prepared and maintained in the course of its operation shall be the property o.f the Association and except for the annual reporting above provided for the information contained therein shall be available to Founder and only through Founder's duly elected or appointed representative(s) to the board of directors of the Association. 8. NON-AG�I�ICY Nothing contained herein shall be construed as an agency agreement. Association's only relationship with Founder is to provide the services set out herein and has no authority to, and will not represent itse(f to have authority to, act on behalf of Founder in any manner except as provided herein. 9. PUBLIC LIABILITY INSURANCE Association agrees to maintain at all times durin� the term of this agreement, comprehensive public liability insurance in a responsible insurance company, licensed to do business in the State of Nlissouri, properly protectin� and indemnifying Founder in an amount of not less than $100,000 for injury or death to any one person; $1,000,000 for injury or death to any two or T+ . . � more persons arising out of any one occurrence. Association sha(1 have Founder designated as an additional insured on such policy of public liability insurance. 10. T�RMINATION Founder shall have the right to terminate this agreement for any calendar year of the abreement (after tl�e first calendar year) by giving written notice to Association of its intention to so terminate. The written notice of termination sl�all be provided Association on or before September 30 preceding the year Founder is to terminate its obligations under this contract. 1N WITNESS WHEREOF, the parties have duly executed this agreement in duplicate tlle day and year first above written. CAPE GIRARDEAU AREA INDUSTRIAL RECRUITMENT ASSOCIATION ^ �, �-�ti"�l�/ C�airman of the Qoard � _ �, �� . ��� . � ��-- °-��.___.___ Executive Director CITY OF CAPE GIRARDEAU May r ATTEST: L � Depu City Clerk