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HomeMy WebLinkAboutRES 22-240RESOLUTION NO.22-240 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, the contract is 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 2023. 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 11th day of October, 2022. - Mayor Robin Mouton - EXHIBIT "A" STATE OF TEXAS § COUNTY OF JEFFERSON § 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, 2022 from funds as available and collected from the hotel occupancy tax. 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, 2022 to September 30, 2023, 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, 2023. 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 12022. ATTEST: IN Tina Broussard City Clerk ATTEST: in Name: Title: CITY OF BEAUMONT go Kenneth R. Williams City Manager Downtown Beaumont Cultural Arts District in Name: Title: STATE OF TEXAS q.0 COUNTY OF JEFFERSON This agreement between the City of Beaumont, a municipa] corporation, hereil called "City", and the Downtown Beaumont Cultural A irts District, herein ca,lled W ITN E S S, ET H: WHEREAS VT.C.A., , Tax Code Section 3,51 .001 et.seq. authorizes the City to, levy by ordinance, a hotel tax which m�ay not exceed seven percent (7%)1 of the and consideration paid by a hotel, occupant, 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 thi encouragement, promotion I ,, improvement and application of the arts, incluidin, instrumental. and vocal musilc,, dance,, drama,,: folkcreative writing, architecture, 1 IIII Iq III NIPPON I 1 0 1 1 i so pictures, radillo, television, tape and sound recording, and other arts related, to the presentation, performance,' execution and exhibition ofthese major art forms; and, for 11 MORI I;��I I I�� I I 11 lI 111 11 IN I !IIIIIIqI 111111!1 11 I" SIM M WHEREAS, under, the authority of V.T.C.A. Tax Code Section 351. 101 (a)(4), the 11111��l 11111 11 111 IIIqI 1. City agBCAD the amount, of Thirty Thousand ($301,000) Dollars. The payment provided for herein will be made quarterly in the amount of Any funds not expended by DBCAD will be retained by �DBCAD to, b4 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 35 1. `10 1 (a)(4). DiBCAD is an independent contractor and 'is not an officer, agent or 023M ,4. In return for the payments provided for herein, DBCAD agrees, to operate for the period Octolber 1, 2022 to September 3,0,, 2023; 5. 'The DBCAD shall submit, quarterly reports 'in the format provided by the City reflecting the activitles, of DBCAD as they relate to this contract. The DBCAD shall submit such reports quarterly commencing January 15,,,202,3. 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 D,BCAD,. 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 12 removable personal property that may have been purchased with ,iiay have and all 11i -Funding under this contract will require that should a serninar be held during the 'term of this contract designeld to assure that expenditures AIM Hotel Occupancy Tax compliance with the Act, a representative of IDBCAD will attend the funds are made il MMTM-W1 �j UBCAD agrees to Inderrinlify, save harmless, and defend the, City of Beaumont from any and all claims, causes of action and damages of every kind arisint from the operations of' DBCAD, its officers, agents and' employees, including, th oifficers, agents,, and employees 'Involved in DIBCAD operation and specifically includini,, 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. Iq EXECUTED this the day of '12022. FA MYSU :a1f M By: Kenneth R. Williams City Manager 000017 Byl Name: Z� Title.- 11,111,11, 11 ........ . . . ................ M STATE OF TEXAS §i COUNTY OF I JEFFERSON This agreement between, the City of Beaumont, a municipal coirporation,, herein called "City", and the Texas Energy Museum, hierelin called "TEM'% is as follows: W INE S, S E T H,: WHEREAS, V.T.C.A., Tax Code Sectlio�n 3,51, .0101 elt.seq., , authorlizeis the City to I I I I I I I I I IN I qn!!1I i :ww use a portion ofthe revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting, j 'ty of convention to visit preserved histioric, sites or museums at or in the immediate vicini FOR 11111i'llill E3= Ml M 1. City agrees to pay to TE,M the amount of Ninety-Fivje Thousand ($95,0100) Dollars. 'The payment provided for herein will be made iquarterly 'in the amount of Twilenty-ThIree ThIousand, Seiven-Hlundred ($23,750i) Dollars per quiarter commencing OEM 11 IIIIppil III� III I II -�pI II IIII ipiq Pill ''IIill lII III ��pii piiiii��I III III, L iI � I 11111 111 � 11 11 1 3-oMM 2. P-01 expenditure of funds shall be reasonabl, related to, the purposes, by V.T.C.A. Tax Code, Section 351.101, 31., The TEM is an independent contractor and 'is not an officer, agent, or 41. In return for the paym"ents, provideld for herein, TEM agrees to operate for the =*OLMMEI 5. The ITEM shall submIt quarterly reports in the format, provided by the City reflecting the activities of TEM as they reilate to this, contract., 'The TEM shall submit 6., The Ci, 0111111111 p1r, Ke =0 M I I I we =I kk III a =4 1111 111111 ; 1111 11 1 1 �I lI lI iq�li I IIIII I III 7., Upon termination of this agreement or any extension thereof, unless, it be renewed, 'the ITEM shall deliver to the City al�l funds, paid under this, contract that, it may have and all, I removable personal property that may have been purchased with funds 8. Funding under this contract will require that should a seminar be held durini the t�erm of this, contract designed to a,ssur�e that, expend"tu'res, of' Hlotel Occupancy Tax I pliance A a representative of TEM will attend the funds, are made in comwith the ct, 9. TE,M 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 fromthe operatioI'"nts and emeployeeincluding the officers,, agents, acts of negligence by the City of Beaumont I its agents, officers or employees, c�arried, out under the terms of thin agreement., EXECUTED this the I . day of 66440�1�, 2022. rAkUt"I M Name* I M*4 Title-. 10*0 10,00,0 '00 By: Kenneth R., Williams City Manager