INTERGOVERNMENTAL SERVICE AGREEMENT FOR STRATEGIC ECONOMIC DEVELOPMENT PLAN ASSESSMENT This Intergovernmental Agreement (IGA), as finally authorized upon receipt of each Party's duly passed and approved Ordinance, ispreliminarilymade and executedthis 6rH dayofAugust2012,by and among Christian County, Missouri, hereafter referred to as "COUNTY"; the City of Nixa, Missouri (aHome Rule Charter City), hereinafterreferredto a "NIXA"; the City ofOzark, Missouri (a Fourth Class City), hereinafter referred to as "OZARK"; and collectively referred to as the "PARTIES", provides as follows: SECTION 1. Intergovernmental Service Agreement Authorization. Article VI, Section 16 ofthe Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, or county to contract and cooperate with other political subdivisions of this state for the planning, development, acquisition or operation ofanypublic common service and this IGA represents an excellent opportunity for the PARTIES to work cooperatively for the common good ofimprovingtheeconomyin Christian Countyto facilitateeconomic activityandthequalityof life oftheir citizens. SECTION 2. Purpose of Agreement. PARTIES recognize that individually conducting economic development studies could be counter- productive and prospectively duplicative for the PARTIES and they seek professional consultation for the preparation of a cooperative economic development plan that fully evaluates the current economic conditions of the region, develops a long range strategic plan that will facilitate quality growth of the local economy and wilI ultimately provide the basis for a marketing plan for each of the PARTIES. SECTION 3. Scope of the Agreement and Responsibilities of the PARTIES. Each of the PARTIES hereby approves and agrees to abide by the terms of the "Consulting Agreement" attached hereto, marked"Exhibit 1" and incorporated herein by reference as iffully set forth in this paragraph and to participate in the "Scope of Work" deemed necessary by TIP Strategies, Inc., hereinafter referred to as "CONSULTANT", for the preparation of the study. PARTIES agree that no modifications shall be unilaterally made to "Exhibit 1" and any such potential modifications shall require the consent of all of the PARTIES. In addition, each of the PARTIES shall contribute such sums as are set forth below and shall make their contributions payable to the City ofNixawho will act as the contracting agency for the PARTIES: Christian County, Missouri $ 5,000.00 City of Ozark, Missouri $12,000.00 City ofNixa, Missouri $12,000.00 The City ofNIXA in acting as contracting agency agrees to enter into a contract with the selected consultant that is approved by all ofthe PARTIES and, further shall make appropriate budgetentries forrevenuesandexpensesforsaidcontractandcontributionsreceivedandrenderatrueaccountona regular basis for each of the remaining PARTIES. The PARTIES further acknowledge that the contributions set forth above relate to the fiscal year 2012 for each ofthe PARTIES and that while the governmental bodies are prohibited from entering into contracts or encumbering funds beyond the current year, this Agreement contemplates a further contribution from each Party, equal to those amounts set forth above for the year 2013 and each PARTY will make its best efforts to include these future contributions in their budgets for that year. SECTION4. Effective Date and Continued Term of Agreement. This agreement shall be in full force and effect and legally binding at such time as it is signed and certifiedby each PARTY. This agreement shall remaininfull force and effect forthe initialterm of five (5) months and, unless otherwise agreed by the Parties in writing, shall continue on amonth-to- month basis thereafter, until terminated as set forth in Section 6 of this agreement. SECTION 5. Entire Agreement and Modification. a. This writing is intended bythe Parties as a final expressionofthis agreement andalso is intended as a complete and exclusive statement of the terms of this agreement. This agreement may be amended or modified only in writing, which amendment or modification must be authorized by each member's respective Commission, City Council or Board of Aldermen by ordinance or resolution. b. This agreement shall be governed by the laws ofthe United States and the State of Missouri and, notwithstanding anything that may be found in the agreement to the contrary, the parties do not waive and expressly reserve all immunities and defenses available to the entity or its members, whether arising from common law or by statute. c. Ifany one or more ofthe provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and the agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained. SECTION 6. Termination of Agreement. a. This agreement shall remain in full force and effect until such time as a party, through its elected Commission, City Council, Board of Aldermen or Board of Directors passes an ordinance or resolution terminating this agreement with Ninety (90) days written notice to the opposite Party. b. Copies of any such documents shall be filed with the Clerk or Executive Director of each PARTY within Thirty (30) days of its passage. 2 CHRISTIAN COUNTY, MISSOURI OF NIX,¢Fsou \/ U lLc By ssioner Mayor By. 6.69 6 OA*li*t- Attest Western Commissioner : ex. 164 A» -- -h -. L.)Citjjerk 6 4 -IiaeteYrmommlssioner Approved *fA) F*m: Approved As To Form: 1 1 /,1 C ]1 044« h John Hous 0selor D. Patclf@Ween.Attorney CIT ZARK, MISSOURI By: 41 - U .4. Shaftel. Nelson, Mayor . 010 07 9, ATTEST: t•' I»a,N¢ilson, City Clerk i' '4 Nh. .. APPROVED AS TO FORM: UW\4 U650,, - David V. Collignon, Cy Attorney 3