HomeMy WebLinkAboutRES 12-235 RESOLUTION NO. 12-235
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year contract,
substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont
Main Street and the City of Beaumont in the amount of$75,000 for FY 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
October, 2012.
- Ma or eck Ames -
Y Y
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont
Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and
through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
City and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and
downtown revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
c) attracting new employers;
EXHIBIT "A
d) complying with all provisions of the Contract for Services - Urban Main
Street program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-
five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise
at least Seventy-Five Thousand ($75,000) in additional funding from the private sector
to match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments
will be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of
BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty
(30) days following the end of the quarter beginning with the quarter ending December
31, 2012. In addition to said quarterly reports, BUILD will also provide an annual review
related specifically to the Urban Main Street Program covering the period of this
agreement due on October 31, 2013.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2012, through September 30,
2013. Suspension and/or termination may occur if BUILD fails to comply with any or all
provisions of this agreement or for convenience.
INDEPENDENT CONTRACTOR
BUILD is an independent contractor and is not an officer, agent, or employee of
the City.
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as
they consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants and employees, from and against
any and all claims, causes of action and damages of every kind arising out of or in
conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of BUILD, Inc., its
officers, agents and employees and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees carried out under
the terms of this agreement.
EXECUTED in duplicate originals this the day of , 2012.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
Executive Director
"BUILD"
ATTEST:
By:
Name:
Title:
STATE OF TEXAS .,f-
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont
Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and
through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to cant'out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein, the
City and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and
downtown revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive *to
residential, commercial, employment, recreational and cultural-artistic revitalization;
c) attracting new employers;
d) complying with all provisions of the Contract for Services Urban Main
Street program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-
five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise
at least Seventy-Five Thousand ($75,000) in additional funding from the private sector
to match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments
will be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of
BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty
(30) days following the end of the quarter beginning with the quarter ending December
31, 2012. In addition to said quarterly reports, BUILD will also provide an annual review
related specifically to the Urban Main Street Program covering the period of this
agreement due on October 31, 2013.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2012, through September 30,
2013. Suspension and/or termination may occur if BUILD fails to comply with any or all
provisions of this agreement or for convenience.
INDEPENDENT CONTRACTOR
BUILD is an independent contractor and is not an officer, agent, or employee of
the CITY.
ACCESSIBILITY OF RECORDS
The City retains the right to inspect andlor audit the records of BUILD, Inc. as
they consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the
City of Beaumont and its officers, agents, servants and employees, from and against
any and all claims, causes of action and damages of every kind arising out of or in
conjunction with the execution, performance attempted performance or non-
performance of this contract or from the operations and actions of BUILD, Inc., its
officers, agents and employees and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees carried out under
the terms of this agreement.
EXECUTED in duplicate originals this the 31*1 day Of 04c 2012.
CITY OF BEAUMONT
By: L L
City Manager
"CITY"
ATTE
By:
OL &tV1jjM0"A(S
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
Executhii MAkVor
"BUILD"
ATTEST:
By: n%At -.�-
Name:
Title c e c