HomeMy WebLinkAboutRES 18-242RESOLUTION NO. 18-242
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 financial
assistance agreement, substantially in the form attached hereto as Exhibit "A," between
BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of
$75,000.00 for FY 2019.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
October, 2018.
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
BUILD shall submit quarterly reports in the format provided by the City reflecting
their activity as they relate to this contract. BUILD shall submit such reports quarterly
commencing January 15, 2019.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2018, through September 30,
2019. 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 12018.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
Executive Director
"BUILD"
ATTEST:
By: _
Name:
Title :