HomeMy WebLinkAboutRES 21-261RESOLUTION NO. 21-261
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 operation
agreement, substantially in the form attached hereto as Exhibit "A," between the Art
Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of
$180,000.00 for FY 2022.
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 19th day of
October, 2021.
- Mayor Robin Mouton -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the
parties dated December 30, 1986 and made a part hereof for all purposes (herein "the
premises"). Museum agrees to accept such hiring and hereby agrees to operate such
art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2021,
The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per
quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars,
Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax
authorized by Tax Code Section 351.001 et.seq. which requires that such funds be
expended for arts and historical events or projects that directly enhance and promote
tourism and the convention and hotel industry.
0
Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax
(HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
EXHIBIT "A"
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax
funds are made in compliance with the Act, a representative of the Museum will attend
the seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such
termination, City or Museum must provide the other party with written notice of such
default and if the party does not cure the default within fifteen (15) days after the giving
of notice the party giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to
use fifty (50) designated parking spaces in the City owned parking lot lying directly to
the east across Main Street from the premises during periods of use of the premises.
Otherwise such spaces may be used for City's Civic Center and theater event parking.
In addition, the City shall provide free parking for buses transporting school children to
the art museum. Said parking places to be as available and as directed by the City's
Civic Center director at a site convenient to the Museum. Parking spaces on the
premises shall be available for City's use during periods when the premises are not in
actual use.
91
The Museum 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 the Art Museum of
Southeast Texas (AMSET), 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.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
,2021.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
Nil 1 1
il
I
tha City hereby hires and engages, Museum to operate an art museurn open to S11
public on the premises, leased from the City and described 'in the lease between thit,
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20,21.
This agreement shall be for a term of'onle year commencing October 1,
The City agrees to pay museumi the sum ofForty-FiVe Thousand Dollars ($45,000) per
Eighty Thousand ($180,000) Dollars will be derived from the; Hotel Occupancy Tax
authlorized by Tax Code Section 351.001 et.seq. whilch requirles that such funds be
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hotel industry.
tourism and the convention and , I
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(HOT) funds shall be rellated to the purposes established by 'Tax Code Section
MIS
III
Fund[ng under thisi contract will require that should a sleminar be held during th.4
term of this contract designed to assure that expenditures of Hotel Occupancy Two
'funds are made in compiliani,ce with the Act, a representative ofthe Museum will attend
a
The Mu�seuirn shall submit quarterly reports in the format provided by the City
reflecting the lactivities, of Museum as they relate to the HOT funds, authorized 'in th"is
M
City or Muselum may terminate this, Agreement for cause if either party defaullts in
the performance of any covenant or condition of this Agreement. Prior to such
termination, City or Museum must provide the other party with written notice of' such
defauIt and if the pla,rty does not, cure the default within fifteen (15) days after the giving
of n0tice, the party giivi,ng, such notice may terminate the; Agreement by, written notice.
N
voluntleeill patrons, and guests to
City shall allow Museum and lilts e,mpl
use fifth (50) designated parking spaces in the City owned parking lot lying directly to
the east across Main Street from the premises during periods of use of the premises.
Otherwise such spaces may be, used for City's Civic Center and theater event parking.
In addition, the City shall provide free parking for buses transporting school children to,
the art, museum. Saild parking placies to be as available and as directed by the City's
Civic Center director at a site conwnient to the Museum. Parking spaces on the
prernises shall be, available for City's use during periods when, the premises, are not in
11-74 M�� I M
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The Museum agrees to indierrinify, hold harmless and diefendi, at its own
expense, the City of Beaumont and 'its officers, servants and ernp1loyees, from
amages of every kind out
and against any and all claims, causes of action and d arising
in conjunction with the execution, performance attempted performance or non -
of or
performance of this contract or from the operations and actions of the Art Museum og
Southeast Texias, (AIVISET), its officeirs,, agents and employees and specifically including
herein any and all act's, of negligence by the City of Beaumont, 'its agents, officers o5r
IN WITNESS, WHEREOF City and Museum have executed or caused' to be
executed by their authorized officers or agents, this Agreement on the day of
09M6,A\ 12,021.
CITY OF BEAUMONT
B y
Kyle Hayes
City Manager
ATTEST':
b.
By,
City Clerk,
By:
Name,,:,
Title:
THAT the City Manager be and he is hereby authorized to execute a one-year operation
agreement substantially in the form attached hereto as Exhibit 'A" between the A,rt
Museum of Southeast Texas, (AIVISET) and the City of Beaumont in, the amount of
$180,1000.00 for FY 20,22.
The meeting at whichthis, resolution was apprloved was, In, all things conducted in
strict compfiance with 'the Texas Open Meetings Act, Texas Government Code, Chapter
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 191th day of
October, 2021.
Mayor Robin Mouton -