4 t. INTERGOVERNMENTAL AGREEMENT THIS laTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this l g. day of Clucv.r·Ir , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class count*'of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY of CLEvER, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, Equisition or ®erationof any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25. 2012: and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to-the City, on a monthly basis, a portion of 1 the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 6 J, 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed -- A a waiver of limitation of either party's rights or defenses with regard to each Arty's applicable §6vdreign,-governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or 1 4 1--- _._ bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous 1 2a 4. agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: - -'.-C- --: m.-* .-- Christian County Commission 1 1 ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.om City of Clever, Missouri ATTENTION: -31·red d K: n3, vn 090 c 9 0 8 0% St Cled« w, O 6563 I 4 0 - 193 -3544 0643 91-1-193-0685 EGE vnow or @ cled erwo. Covn j + 42 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Clever have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF CLEVER, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COIVIMISSION Missouri fAr By· - / 10*Capaglia,Jqiesng Commissioner /556Ad d ¥<.Ri , Mayor sy. 9 0£&2- 9 0 soL 52- v Address: efii,Wd», Eastern Commissioner C eoc,- , MO 65721 $O•multi· 4 3383% Bt Z ele 6ajuvt.LOF -* fE:·3624. t-:>, s Bill Barnett, Western Commissioner TTEST: 2 -3 Y : 2 Address: - 100 W. Church Street, Room 100 Ozark, MO 65721 AUL *BLYA City ClerR»' COUNTY CLERK: Kay Brd(vn <-»<- APPROVED AS TO FORM: - . --r - ------1- By: J. |/(23£u-J•68 3 9- J® W. Housley, Cdunty Counselor 23385-000\ 489677.2.doc T- 3 4 INTERGOVERNMENTAL AGREEMENT THIS,piTERGOVERNMENTAL AGREEMENT C'IOAD, made and cntcrcd into this ./4 day of/Q,Cril. , 2012, by and between CHRISTIAN COUNTY, MISSOURI, a second classcounty ofthe Stato of Missomi, actingby and through its County Commission, (hereinafter refened to as"County") and thc BILLINGS SPECIAL. ROAD DISTRIG, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (heminafter referred to as "Special Road District' ), for the purpose of the improvement and maintenance of the Cbunty's network ofroads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouti Constitution and Missouri Revised Statutes Section 70.220, authorize any municipality, special road distic!, or countyto contract and cooperate with otherpolitical-subdivisions of this state for the pl=ling, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and Special Road District to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency msponse and the quality of life of their citizens; and WHEREAS, it would be:otheben¢Bt of cities andspccial road districts in Christian County for the County to distribute a portion of the County's general revenue salcs taxe) and the countywide sales tax cannarked foF road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road Distlict has agreed that it will utilize the sales tax revenues distributed to itby the County for the exclusive purpose of constructing and maintaining those roads and·bridges withinibjurisdiction. NOW, THEREFORE,in considerationof the mutual covenants and agreements hercinset forth, the County and Special Road Districtagree as follows: 1. The County agrees !0 distlibute to the Special Road Distict on a monthly basis, a portion of thecountywide general sales tax adopted.in 1996 and the countywide sales tax carmarked for road and bridge improvements, maintenance, anioperations adopted.in 1997 that the County receives, in accordance with thopercentage attributable to said Special Road Distlict as described in the County Commission'sOrder dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein, 2. TerniZ This Agrccmentshallcommence·on the.date ofexecution by authorized officials for the County and Special Road Distict and will 1 6,1 . 3 continue in effect until the County Commission establishes its 2013 budget in Januaryof 2013. 3. Use of Countv Revenue. The Special Road District agrees to expend atl sales tax revenues received from tho County pursuant to this Agreement upon all lawful pmposes of the Special Road District 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indenmify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes ofaction, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a pmon for any matter relating to or arising out ofthc Special Road District's wrongful conduct or negligent petformanccofitiobligations under this Agreement. j9 To the extent allowedor imposed by law, County sha{Idefend, indemnify and hold harmless the Special Road District, including its elected officials and employees from and any claim, liabilities, damages; causes of action, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to aperson fbr anymatter relating to or arismg out ofthc County's wrongfulconduct ornegligent performance of its obligations under this Agreement. In no cventshall the language ofthis Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign. governmental or official immunitics and protcotion, as provided by federal and stato constitutional law. 5. General Independent Contractor Clause, The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisionsofthestate and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating ajointventure between the County or the Special Road District. 6. Accountine andAcce,9 toi Records.-7128 Special Road District shall provide written documentation to the Countyidentifying the specific roads or bridges county sales taxcs received pursuant to thil Agreement were expended upon and All maintain all records relating to tho receipts and expenditures of Colmty sales taxes by Special Road Disttict pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to Very tile County sales tax proceeds were expended by the Special Road Disttict only for lawful purposes oftho Specia] Road Diswict. 'lhe road and/or bridge project descriptions and accounting records shall be supplied 2 to the County Audi[or, at no charge, on a quarterly basis duzing the period of this Agreement. Thefirstreport shall be due October 1,2012. The Special Road Districtshan also provide the County Auditor any olher financial records or doNmentation as she deems necessary to veify that the funds disbursed by th,County to Special RoadDismct have been spent only for lawful pinposes of the Special Road District. 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may bc nccessauyto implement the tetmS and conditions of this IGA. b. This Agreementsets forth theentire-agreement between ticpanies· and fully supersedes anyand all pdorand/or other contemporaneou, agreemcnts or undeistandings bctween tile pattics which pertain to tile subject matter hereof. - c. This Agreement mayonly be modifiedby a writteninstrument executed by the parties hereto. d. This Agreement may be executed in two or morocounterparts, each of which shall be deemed any original, but all of which together shall constitute one and thesam document 8. Notices. All notices, demands, and approvals required under·this Agreement may bopersonally delivered or sent by certified mail. postage prepaid, return receipt requested, addressed to the individuals identified in' the heading of this IGA, or to their successors, at the addresses Iistcd below: Christian County Commission 3 ATTENTION: Lou Lapaglia,Praidin,Commissioncr ChristianCounty Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: 017)581-2112 Facsimile: (417) 581-833t Email: Billings Special Road Di,trict Attention: 34-,1, G,•rbe f. *a Enx A.aA 1%:114.vis YAO. 656.10 3 IN W[TNESS WHEREOF, Christian County, Missouri, actingthrough its County Commission, and the Billings Special Road Districthave caused this IGA to be duly executed bytheir proper officers, duly authorized by theirrespective Commission or Board, as of tile day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successor and assigns. CHRISTIAN COUNTY, MISSOURI BILLINGS SPECIAL ROAD DISTRICT BY AND THROUGH ITS j CHRISTIAN COUNTY COMMISSION - --- - ---™ *L,- 445* i By: - 1 39,6-0 - I.sfLapaRHE, P*lin,Commissioner Ar,4 FAMO , Chairman ofthe Board of Directors 4 Aa)6 Address: T».ff, Eastern Commissioner 400 81 -yi €-Se kie -lf' Bl·' % 60 & GAA.Ut 13. /?A ,*E 6-62.2) Bill Barnett, Western Commissioner ATTEST: Address: (C c.-Dc-1- ./7.lu- 100 W. Church Street, Room 100 Ozark, MO 65721 ED'./7 /GAr>6ee-, Sec.meas. A COUNTY CLERK: APPROVED AS TO FORM:, By: ,42- 052&4-- By.-22G-94, Kay Br j $-*dd A. Johnson£#tomey APPROVEDiS Ir 7/i / By: John Ho01y, Og55·§selor V 4 k Billings Special Road District Special Meeting minutes August 14th, 2012 Meeting came to order at 7:00 p.m. with the following Members present, Larry Fabro, David Mooneyham, Todd Groves, and Danny Garbee. Last meetings minutes were read and approved i Sec. presented the board the Intergovermental Agreement between - - Billings Special Road District and Christain County Commisslori-on -= t the distribution of Sales tax monies. Sec. also presented the letter from the districts legal council who Is Todd Johnson of Ellis, Ellis Hammon & Johnson. Mr. Johnson informed that this agreement is acceptable and recommends that the Board proceed with approval and execution of this agreement. Director Groves made the motion to accept this agreements Director Mooneyham second the motion. All three Board member voted in favor of motion then President Fabro signed agreement and informed Sec. to deliver agreement in person and get receipt from Commission office stating they recived this agreement and date it for our records. Meeting adjourned at 7:20 p.m. with next regular monthly meeting set for September 13th at 8:00 p.m. Minutes prepared and recorded by, /--DL» -,4-4. 8-/9-/J- Danny Gal'bee, SE. / Treas. : 1.4 ¥.t INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (NGA'), made and entered into this /44- day of Bu..1,525 , 2012, by and between the CHRISTIAN COUNTY, MisSOURI, a second class countfof the State of Missouri, acUng by and through its County Commission (hereinafter referred to as "County') and the STONESHIRE SPECIAL ROAD DismicT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as 'Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and ISpecial Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdicUon. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to distribute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of County Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement upon at! lawful purposes of the Special Road District 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on daim for damages to real or personal property or to a person for any matter relating to or arising out of tile Special Road Districfs wrongful conduct or negligence performance of its obligations under this Agreement To the extent allowed or imposed by law, County shall defend, indemnify and hold harmless the Special Road District, including its elected officials and employees from and any daim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on daim for damages to, real or personal property or to a person for any matter relating to or arising out of the County's wrongful conduct or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of tile state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own polides and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the Special Road District only for lawful purposes of the Special Road District The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other finandal records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent only for lawful purposes of the Special Road District ,-LL .. 7. Miscellaneous. a. The Special Road Distict agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed bythe parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christjan County Commission 100 W. Church Street, Room 100 Ozark, M O 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommissionachristiancountvmo.org Stoneshire Special Road District ATTENTION: 9* 1 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Stoneshire Spedal Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respedive Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, STONESHIRE SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION By:. 20/4.2.-7964/A- Lou lpaglia, Prestlig ( Presi8ent of the Board of ¢ommisioners Address:184 Bamridge RD Highlandville, MO 65669 By: Eastern Commisioner Br. .eke * ak-M Bill Barnett Western Commissioner ATTEST Address: 100 W. Church Street, Room 100 Ozark, MO 65721 City Clerk COUNTY CLERK: By: ) Kay B APPROVED AS T By: John W 4, nty Idse 233850001489749.doc 1/ L 1 A i INTERGOVERNMENTAL AGREEMENT .-.< THIS INIERGOyERNMENTAL AGREEMENT CIGA"), made and entered into this 1 day of Ua*+1 , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the 'yas*fng Commissioner Sk CAit\=f. , Mayor 2-944 By: MOLUi 9 4-- Address: /. 7- .. - P.O. BOK 394 . i --- , 61. i./ 2: -[r*Muff, Eastern Commissioner N 1 >ra , MO 65721 -W € f . -Lo«-Ch , City prk COUNTY CLERK: «D J By: Eay Brown APPROVED Pbpr6RM: By: f 1// John W.*6slypdunty Counselor "\/7 / 23385-000\ 489677.2.doc 4. 1 INTERGOVERNMENTAL AGREEMENT -7,j THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this 4./ day of lkJAO14* , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY OF BILLINGS, a mUniCipa| corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to 11 contract and cooperate with other political subdivisions qf this state for the planning, A development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 Ad the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 'r 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of eitber party's rights or defenses with regard to i ''l - each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain ali records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the 1 County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: 1 Christian tounty Commission - ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.org City of Billings, Missouri ATTENTION: Joe Walker P. 0. Box 207 Billings, MO 65610 I' IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Billings have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF BILLINGS, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri 0. al.· Lid , 416&01£M) Yo* Lapabila, Aywig Commissio ,-Ma¥ef - »408 4 +60 1*ut By: Absed- Address: €NUD' 6e-PRel Tom Huff, Eastern Commissioner 95·, i/,Ap, MO ,@g20 4-5-4 72 C C#VA2--- N)00 j'/ p tQO # Bilf'Bai·nett, Western Commissioner ATTEST: Address: 100 W. Church Street, Room 100 Ozark, MO 65721 €2-6 /* 0-,Uke·loity Clerk COUNTY CLERK: By: m 4 Kay BrowN APPROVED AS TO F r)/VI, By: John W. H,de Counselor 23385-000\ 489677.2.doc 1 INTERGOVERNMENTAL AGREEMENT 3,1 THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this day of gk¢45' , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class couMy of ihe State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CrrY oF OZARK, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, l -development, construction, acquisition or operation of any public improvement or facility or 1 1 common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenandu, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. W, 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional Iaw. 5. General Independent Contractor Clause. The County and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The City shall also 1 provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a. The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous J, agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: ..Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.ora City of Ozark, Missouri ATTENTION: Shane Nelson P. 0. Box 295 Ozark, MO 65721 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Ozark have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF OZARK, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri 9-- 1 Et)6 Lap1si8 A By: Mayor g Commissioner , By: A-83 E A/r 1,4 (*iwel . Tom Huff, Eastern Commissicner VJ.rlf. . MO 65721 C ...V- By: 6&32 8 6J« . 111 Barnett, Western Commissioner ATTEST: Address: tank» -27 100 W. Church Street, Room 100 Ozark, MO 65721 =W.914, aol 7 1 City Clerk COUNTY CLERK: ByKay Lron 1 APPROVED A-re'FdhM: By: John W. 1;16 )unselor 23385-000\489677.2.doc -9 INTERGOVERNMENTAL AGREEMENT / OMAO+- ATTEST: Bill Barnett, Western Commissioner Address: 100 W. Church Street, Room 100 .. _.r Ozark, MO 65721 , €it¥ Clerk poe·iN COUNTY CLERK By: 61 Kay Bhown APPROVFleopo. By: John W.Adusley, C C elor_2 V APPROVED AS TO FORM: Patrick J. Platter, Ozark Special Road District Counselor 1 '-4 1 INTERGOVERNMENTAL AGREEMENT ZNMENTAL AGREEMENT ("IGA"), made and entered into this 3.t THIS INTI 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a day of , second class cou State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the SOUTH SPARTA SPECIAL ROAD DISTRICT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorigejny_ municipality, special pad glistrict or county to A. contract Ind -260perate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to distribute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. * Il i 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the Special Road District's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the Special Road District's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constite or be construed 1 1 as a waiver or limitation oreither party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accounting and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended by the Special Road District 1 exclusively for road and bridge improvements, maintenance, or operations within the Special Road District's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent exclusively for road and bridge improvements or maintenance. .t, f 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall l constitute one And the -same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.ora South Sparta Special Road District ATTENTION: Phil Short 816 Stoneridge Road Sparta, MO 65753 >i I t IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the South Sparta Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, SOUTH SPARTA SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION 8%1 *AI ¥?1.6 1 Wuciptral.Ff,i¢0g-Commissioner - - -A#Akkj s& tWFi'32 -12- y ./1658011+ Addrass.. 7 4/ @al-%, B Tom Huff, Eastern Commissioner ,MO *my * S 49 8 Mat ATTEST Bill Barnett, Western Commissioner Address: 100 W. Church Street, Room 100 Ozark, MO 65721 COUNTY CLERK: By: Kay Browrf APPROVE AT M: By: Ho ey, 0 Counselor 23385-000\ 489749.doc t INTERGOVERNMENTAL AGREEMENT Ba THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), made and entered into this day of (t,J.%*- , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county of the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the GARRISON SPECIAL ROAD DISTRICT, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 (hereinafter referred to as "Special Road District"), for the purpose of the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised -Statute- Section .70.220. authorize any munigimality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and [Special Road District] to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012; and WHEREAS, Special Road District has agreed that it wili utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The County agrees to distribute to the Special Road District on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. Lf' 3. Use of Countv Revenue. The Special Road District agrees to expend all sales tax revenues received from the County pursuant to this Agreement exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the Special Road District's jurisdiction. 4. Indemnification. To the extent allowed or imposed by law, Special Road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person for any matter relating to or arising out of the Special Road District's wrongful or negligence performance of its obligations under this Agreement. -_.._,-- -_In noe-vent shall the language of this Agreement constitute or be construed as a waiver or liinitation of dither-party's rights or defenses with-regard to- each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint venture between the County or the Special Road District. 6. Accountina and Access to Records. The Special Road District shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sales tax proceeds were expended_ by the Special Road District exclusively for road and bridge improvements, maintenance, or operations within the Special Road Districfs jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent exclusively for road and bridge improvements or maintenance. ¢ 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and ali prior and/or other contemporaneous agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of -- which shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountymo.orq Garrison Special Road District ATTENTION: Mike Mitchell 690 Mitchell Lane Chadwick, MO 65629 1. IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the Garrison Special Road District have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and assigns. CHRISTIAN COUNTY, MISSOURI, GARRISON SPECIAL ROAD DISTRICT BY AND THROUGH ITS CHRISTIAN COUNTY COMMISSION By Nf£/690- 2, By: /M.4. f)'A.JIA,, Chairman of the Lou Lapaglia, Pte;idir0Zommissioner Board of Directors Df- A-8 serd r Address: 6 40 miT CAe /4 LA-pr 46/f-*D tut c-K , MO 65721 Tom Huff. Eastern Commissioner By.· P .£29 06!MI£*/- ATTEST: Bill Barnett, Western Commissioner Address: 4 YUILL) 100 W. Church Street, Room 100 Ozark. MO 65721 U :+4 gs COUNTY CLERK: 51· kil A»k., Kay Bi-own APPROV JI: AT By· John V\A usl , Co n t,ebunselor 0 23385-000\ 489749.doc t INTERGOVERNMENTAL AGREEMENT 7 / 'k-THIS INT@BGOVENMENTAL AGREEMENT ("IGA"), made -and entered into this OV day of lal-- , 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county d? the State of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the CITY OF SPARTA, a municipal corporation of the State of Missouri (hereinafter referred to as "City"), for the purpose of promoting the improvement and maintenance of the County's network of roads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Revised Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning, development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and the City to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of life of their citizens: and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25, 2012: and WHEREAS, the City has agreed that it will utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the County and the City agree as follows: 1. The County agrees to distribute to the City, on a monthly basis, a portion of the countywide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, . maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said City as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as Exhibit A and incorporated herein. ·· 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the City and will continue in effect until the County Commission establishes its 2013 budget in January of 2013. 3. Use of Countv Revenue. The City agrees to expend all sales tax revenues received from the County pursuant to this Agreemen't exclusively for the costs of labor and materials expended on the construction or maintenance of roads and/or bridges in the City's jurisdiction. 4. indemnification. To the extent allowed or imposed.by law, the City shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to real or personal property or to a person·for any matter relating to or arising out of the City's wrongful or negligence performance of its obligations under this Agreement. In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or official immunities and protections as provided by federal and states constitutional law. 5. General Independent Contractor Clause. The Cbunty and the City who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the City each retain their own identity and each is responsible for its own policies and activities. This Agreement shall not be construed as creating a joint. venture between the County or the City. 6. Accounting and Access to Records. The City shall provide written documentation to the County identifying the specific roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by the City pursuant to this Agreement, including, but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sufficient to verify the County sa[es ·tax proceeds were expended by the City exclusively for road and bridge improvements, maintenance, or operations within the City's jurisdiction. The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1,201.2.' The City shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to the City have been spent exclusively for road and bridge improvements or maintenance. 7. Miscellaneous. a: The City agrees to pass such ordinances as may be necessary to implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous P # agreements or understandings between the parties which pertain to the subject matter hereof. c. This Agreement may only be modified by a writted instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which .shall be deemed an original, but all of which together shall constitute one and the same document. 8. Notices. All notices, demands, and approvals required under this Agreement may be personally delivered or sent by certified. mail, postage prepaid, return receipt requested, addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street, Room 100 Ozark, MO 65721 Telephone: (417) 581-2112 Facsimile: (417) 581-8331 Email: christiancountvcommission@christiancountvmo.org City of Sparta, Missouri ATTENTION: jova Cave P.O. Box 246 Sparta, MO 65753 IN WITNESS WHEREOF, Christian County, Missouri, acting through its County Commission, and the City of Sparta have caused this IGA to be duly executed by their proper officers, duly authorized by their respective Commission or Board, as of the day and year first written above, and hereby further agree that this IGA shall be binding upon the parties hereto, their respective representatives, successors and.assigns. CHRISTIAN COUNTY, MISSOURI, CITY OF SPARTA, MISSOURI BY AND THROUGH ITS a Municipal Corporation of the State of CHRISTIAN COUNTY COMMISSION Missouri By24@.420.- £/ 9 EL Mu,[-apaglia, Ple*linCommissioner CRy 11 ), Mayor Address: , O 14 OX 14 6 Jdifi Huff, Eastern Commissioner SP#Le , MO 65721 BY. lu £€V lk/(*KE'tr Bill Barnett, WeAiern Commissioner ATTEST: Address: 100 W. Church Street, Room 100 Ozark, MO 65721 Miltia, V,/£•E,C\,4 Clerk COUNTY CLERK: O» KayBrowA APPROVE[TYMORM: C r # 1, , Uj By: M ar F John W. Hd,unty Counselor 23385000\ 489677.2.doc 124 INTERGOVERNMENTAL AGREEMENT THISETERGOVERNMENTALAGREEMENT CIGAD, made and entered into this 60 -day of Qui J, 2012, by and between the CHRISTIAN COUNTY, MISSOURI, a second class county ofthe state of Missouri, acting by and through its County Commission (hereinafter referred to as "County") and the Selmore Special Road District, a special road district organized pursuant to Missouri Revised Statutes, Section 233.170 [hereinafter referred to as "Special Road District"], for the purpose ofthe improvementand maintenance of the County's networkofroads. WITNESSETH: WHEREAS, Article VI, Section 16 of the Missouri Constitution and Missouri Statute Section 70.220, authorize any municipality, special road district, or county to contract and cooperate with other political subdivisions of this state for the planning development, construction, acquisition or operation of any public improvement or facility or common service and this IGA represents an excellent opportunity for the County and Special Road District to work cooperatively for the common good of improving the network of roads in Christian County to facilitate economic activity, public safety, emergency response and the quality of lifeof their citizens; and WHEREAS, it would be to the benefit of cities and special road districts in Christian County for the County to distribute a portion of the County's general revenue sales taxes and the countywide sales tax earmarked for road and bridge improvements and maintenance in accordance with the funding formula set forth in the County Commission's Order of June 25,2012; and WHEREAS, Special Road District has agreed that itwill utilize the sales tax revenues distributed to it by the County for the exclusive purpose of constructing and maintaining those roads and bridges within its jurisdiction. NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein set forth, the County and Special Road District agree as follows: 1. The county agrees to distribute to the Special Road District on a monthly basis, a portion ofthe county'wide general sales tax adopted in 1996 and the countywide sales tax earmarked for road and bridge improvements, maintenance, and operations adopted in 1997 that the County receives, in accordance with the percentage attributable to said Special Road District as described in the County Commission's Order dated June 25, 2012, a copy of which is attached hereto as ExhibitA and incorporated herein. 2. Term. This Agreement shall commence on the date of execution by authorized officials for the County and the Special Road District and will .- k continue tn effect until the County Commission establishes its 2013 budget in January of 2013. 3. Useof-Countv Revenues. The Special Road District agrees to expend all sales tax revenues received from the Countypursuantto this Agreement upon all lawful purposes ofthe Special Road District 4. Indemnification, To the extent allowed or imposed by law, Special road District shall defend, indemnify and hold harmless the County, including its elected officials and employees from and any claim, liabilities, damages, causes of action, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a person for any matter relating to or arising out of the Special Road Districes wrongful conduct or negligence performance or its obligations under this Agreement. To the extent allowed or imposed by law, County shall defend, indemnify and hold harmless the Special Road District, including its elected officials and employees from and any claim, liabilities, damages, causes ofaction, judgments, costs and expenses, whether based on claim for damages to, real or personal property or to a person for any matter relating to or arising out of the County's wrongful conduct or negligence performance or its obligations under this Agreement In no event shall the language ofthis Agreement constitute or be construed as a waiver or limitation of either party's rights or defenses with regard to each party's applicable sovereign, governmental or officialimmunities and protections as provided by federal and states constitutional law. 5. General indevendent Contractor Clause. .The County and the Special Road District who are parties to this Agreement are each separate and independent political subdivisions of the state and, as such, the County and the Special Road District each retain their own identify and each is responsible forits own policies andactivities. This Agreement shall not be construed as creating a joint venture between the County and the Special Road District 6. Accounting and Access to Records, The Special Road District shall provide written documentation to the County identifying the speciflc roads or bridges county sales taxes received pursuant to this Agreement were expended upon and shall maintain all records relating to the receipts and expenditures of County sales taxes by Special Road District pursuant to this Agreement, including but not limited to, invoices, receipts, payrolls, bank statements, contract documentation and other records, sumcient to verify ·r t• the County sales tax proceeds were expended by the Special Road District only for lawful purposes of the Special Road District The road and/or bridge project descriptions and accounting records shall be supplied to the County Auditor, at no charge, on a quarterly basis during the period of this Agreement. The first report shall be due October 1, 2012. The Special Road District shall also provide the County Auditor any other financial records or documentation as she deems necessary to verify that the funds disbursed by the County to Special Road District have been spent only for lawful purposes of the Special Road District. 7. Miscellaneous. a. The Special Road District agrees to pass such ordinances as may be necessaryto implement the terms and conditions of this IGA. b. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior and/or other contemporaneous agreements or understandings between the partieswhich pertain to this subject matter hereof. c. This Agreement may only be modified by a written instrument executed by the parties hereto. d. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but ali of which together shall constitute one and the same document 8. Notices. Ali notices, demands and approvals required under this Agreement maybe personally delivered or sent by certified mail, postage prepaid, return receipt requestet addressed to the individuals identified in the heading of this IGA, or to their successors, at the addresses listed below: Christian County Commission ATTENTION: Lou Lapaglia, Presiding Commissioner Christian County Commission 100 W. Church Street Room 100 Ozark MO 65721 Telephone: (417] 581-2112 Facsimile: 017-581-8331 Email: countycommissionchristiancountymo.org SELMORE SPECIAL ROAD DISTRICT ATTENTION:_ELIA-ChnaLLL si'...du g) CbS