HomeMy WebLinkAbout2021-12-01-RRESOLUTION 2021-12-01-R
A RESOLUTION OF THE CITY OF BATESVILLE, ARKANSAS TO CORRECT
CERTAIN INCONSISTENCIES IN RESOLUTION 2021-05-03-R, THE EXECUTION
DATE OF THE REVISED ECONOMIC DEVELOPMENT CONTRACT OF AUGUST
2021 BETWEEN THE CITY AND THE BATESVILLE AREA CHAMBER OF
COMMERCE, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT
WITH THE BATESVILLE AREA CHAMBER OF COMMERCE TO PROVIDE
ECONOMIC DEVELOPMENT CONSULTING SERVICES FOR 2022; AND FOR
OTHER PURPOSES
WHEREAS, The City approved Resolution 2021-05-03-R on May 11, 2021 authorizing the
Mayor to enter into a contract for economic development services with the Batesville Area
Chamber of Commerce, and
WHEREAS, said contract was in the amount of $100,000.00 for the one-year period of May
2021 to May 2022, and
WHEREAS, said contract was executed on June 18, 2021, and
WHEREAS, the Batesville Area Chamber of Commerce began performing their duties under the
contract upon in May 2021, and
WHEREAS, the City erred by failing to promptly deliver the said $100,000.00 to the Batesville
Area Chamber of Commerce, and
WHEREAS, this error was brought to the City's attention in August 2021, and
WHEREAS, in August 2021 the Batesville Area Chamber of Commerce recommended that the
CITY reduce the contractual amount and term to reflect that for 2021 the amount would be
$50,000.00 and further that the term of the contract be changed to reflect an end date of
December 31, 2021, and
WHEREAS, said contract with the revised amount of $50,000.00 and the end date as December
31, 2021 was prepared for execution however some confusion has arisen concerning the
execution date of the contract, and
WHEREAS, the contract version dated August 2, 2021 and was signed by both Mayor
Elumbaugh and Chamber CEO Crystal Johnson, and
WHEREAS, the contract version that was dated August 26, 2021 was signed by Mayor
Elumbaugh, but was not signed by Chamber CEO Crystal Johnson, and
WHEREAS, upon review of both documents it has been determined that they are in fact identical
except for the different dates and the missing signature, and
WHEREAS, upon further examination it appears that when the August 2nd date was written the
"2" was written to the far left in the date field as if a second number was intended to be included
but was inadvertently left out, and
WHEREAS, both the contract version dated August 2, 2021 and the one dated August 26, 2021
contained a clause revoking the original contract of June 18, 2021, and
WHEREAS, the City delivered to the Batesville Area Chamber of Commerce the required
$50,000.00, and
WHEREAS, the City did not pass a Resolution authorizing the Mayor to enter into the revised
contract believing that the original resolution was sufficient, and
WHEREAS, the City desires to correct these discrepancies, and
WHEREAS, The City and the Batesville Area Chamber of Commerce desire to enter into a new
economic development contract for 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE, ARKANSAS THAT:
SECTION 1. The Batesville City Council hereby approves, confirms and ratifies all
actions taken previously concerning Resolution 2021-05-03-R and the economic development
contract with the Batesville Area Chamber of Commerce dated June 18, 2021.
SECTION 2. The Batesville City Council hereby approves, confirms and ratifies all
actions taken previously concerning the revised economic development contracts with the
Batesville Area Chamber of Commerce dated August 2, 2021 and August 26, 2021. (identical)
SECTION 3. The Mayor is hereby authorized to enter into a new economic
development contract with the Batesville Area Chamber of Commerce beginning January 1,
2022, a copy of which is attached for reference.
SECTION 4. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this resolution is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
resolution which shall remain in full force and effect as if the portion so declared or adjudged
invalid or unconstitutional was not originally a part of the resolution.
SECTION 5. Repealer. All resolutions, bylaws, and other matters inconsistent with
this resolution are hereby repealed to the extent of such inconsistency.
APPROVED and ADOPTED this 14th day of December, 2021.
-of, J '00000,04e9l
Rick Elumgh, Mao - Attest: Denise Johnston, Clerk
APPROVED AS TO LEGAL FORM:
�' - �-' /L-�
T' Meitzen, City Attorney