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Home My WebLink AboutRES 21-267RESOLUTION NO. 21-267 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 the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in the amount of $30,000.00 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. ��J - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OFJEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Downtown Beaumont Cultural Arts District, herein called "DBCAD", is as follows: WITNESSETH: WHEREAS V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant, and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(4), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and promote convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(4), the City desires to provide financial assistance to DBCAD. NOW, THEREFORE, the City and DBCAD agree as follows: 1. City agrees to pay to DBCAD the amount of Thirty Thousand ($30,000) Dollars. The payment provided for herein will be made quarterly in the amount of Seventy -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2021, from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" Any funds not expended by DBCAD will be retained by DBCAD to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(4). 3. The DBCAD is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, DBCAD agrees to operate for the period October 1, 2021 to September 30, 2022. 5. The DBCAD shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this contract. The DBCAD shall submit such reports quarterly commencing January 15, 2022. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the DBCAD. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the DBCAD shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. 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 DBCAD will attend the seminar. 9. DBCAD agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of DBCAD, its officers, agents and employees, including the officers, agents, and employees involved in DBCAD operation 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 this the day of , 2021. ATTEST: Sri City Clerk ATTEST: 0 Name: Title: CITY OF BEAUMONT Bv: Kyle Hayes City Manager Downtown Beaumont Cultural Arts District 0 Name: Title: STATE, OF TEXAS I COUNTY OF JEFFERSON AGREE M ENT' T is agreement between the City of Beaumont, a municipal corporation, hereir hf' 1;;i� III 111M, 1111,111� - I �'IIIII�p I Iliq qm 1 � 11 � I � 'I I� I W I IT N E IS S, WHEREAS, V,.T'.C.,A,., Tax Code Section 351�.001 et.seq., authorizes the City to levy by ordinanCe, a hotel tax which, may not exceed sevefn percent (7%) of th,(a,. consideration paid '' 'WHEREAS,, V.T.C.A., Tax Code Section 351.101 (a)(4), authorizes the; City to use a portion of the revenues derived from its hotel occupancy tax for the I Tuim 11!i I I 11�� 44 instrumental' and vocal music, dance, drama, folk. art, creative writing, arch itecture, plictures, radtelevision, tape and sound recording, and other arts, related to the prese,ntation, performance,, execution and exhibition of t'hesie major art forms,; and, for projects that directly enhancle and promote tourism and promote convention. activities. WH EREAS, under the, authority of V.T. C.A. 'Tax Code Section 351.101 (a)(4)), the rip 11111111111' 1 ;I��Iqplipq piqllr 1� l pq� NOW, THEREFORE, the City and, DBCAD agree as follows: ($3010100) 1. City agrees to, pay to DBCAD the amount of Thirty Thousand. i Dollars. 'The payment provided. for herein will be made, quarterly "in the amount og Seventy Five Hundred ($7,500) Dollars per quarter commencing October 1, 20,21 from funds as available and collected from the hotel occupancy tax. A, AL /Any funds not expended by DBCAD will be retained, by DBCAD to b.,. MMMMM 21. All expenditure of funds shall be reasonably related to the purposes, established by V.T.1C.A. Tax Code Sect,ion 3,51'. 10 1 (a)(41 The DBCAD is an independent contractor and is not an officer, agent or M UMMM 4. In return for the payments, provided, for herein, DBCAD agreefs,to operate for 11 111,1111111 5. The IDIBCAD shall submit quarterly reports, in the format provided by the Citj R Jng the activities of DBCAD as they relate to this contract'. The DBCAD shal 6. The City Manager of City or his designated representative sha,ll, upon �I q 7. Upon termination of thi's agreement or any extension thereof, unless. it be ITM 6 W-01107, MAI 0 WE may have and, all rernovable personal proplerty that may have been, purchased with 8., Funding under this, contract will require t1I should a seminar be, held during the term, of' this contract designed to assure that expenditures of Hotel Occupancy Tal funds are made in compliance with the Act, a representative of DBCAD will, attend tb�e 91 i ., DBCAD agrees to 'Indemnify, save harmless, and defend the City of d damages ofevery klind arising Beaumont from any and all claim, causes of action an 1 from the operations of DBCAD, its officers:, agents and employees, including the Oilicers, agents, and employees involved in �DBCAD operation, and speclifically including herein any an all acts of negligence by the City of Beaumont, its agents, officers or employees, carried, out underthe, terms of this algreemen�t. 2021. EXECUTED this the day Of ATTESIT I WOO By: 1 City Clerk B y -2 L Kyle Hayes, City Manager 1111�1 WIlr In III! � 1110, By ........... . . . . Name- Title.- THAT the City Manager be and he is hereby authorized to execute a one-year financiN "A assbetwee istance agreement, substantoally in the form attached hereto as Exhlb,'"It the Downtown Beaumont Cultural' Arts District (DBCIA,D) and' the City of Beaumont 11 piiqlli I 11 1 Nwor, The meeting at which this resolution was approved was in all things, conducted 'in compliance with, the Texas Open Meetings Act, Texas Government Code,, Chapte' PASSED BY THE CITYCOUNCIL of' the City of'Beaulmont this the 19th day of 00 Mayor R,obin Mouton - VFAIWOUT. (UNAS