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Home My WebLink AboutRES 22-239RESOLUTION NO.22-239 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 Southeast Texas Arts Council (SETAC) 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 Pith day of October, 2022. '1'`��4 8 - Mayor Robin Mouton - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council", is as follows: WITNESSETH WHEREAS V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue 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 the convention industry. WHEREAS the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; EXHIBIT "A" Page 1 Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Thirty Thousand ($30,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Two Thousand Five -Hundred Dollars ($2,500) will be made monthly for twelve (12) months commencing October 1, 2022. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2023. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. Page 2 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 the Council will attend the seminar. 9. Council 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 Council, its officers, agents and employees, including the officers, agents, and employees involved in museum 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 , 2022. ATTEST: IN Tina Broussard City Clerk ATTEST: By: Name: Title: CITY OF BEAUMONT By: Kenneth R. Williams City Manager SOUTHEAST TEXAS ARTS COUNCIL By: Name: Title: Page 3 TAE STATE OF TEXAS 411 lq� 5i 111L, This agreement between the City of Beaumont, a municipal corporati,may rl herein called "City" and the Southeast 'Texas Arts, Council, a 'Texas non-profio , I corporation, herein called "Council", is as follows: UTAMMMMM WHEREAS V,.T.1C.A.'Tax Code Section 3,51.001 et,.seq,., authorizes the City tj use revenue derived frorn its h�ote�l oliccupancy tax "for general promotional and toluriso I advertising of the city and its vicinity and conducting a, solicitation and operat'A ons, and visitors, either by the City oir through clontracts witj Program conventi to attract iq� Iillillilli 1 11 111 � 1111 11!11�11 !1!11 � I I � �illillill�� ! I 'Ion, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4),, authoirizes the City to use a limited port I i�� Won encouragement, promotion, improvement and application of the arts,, includinj �rama folk art, creative writing, a i instrumental and vocal music, dance, d, I rch"tecture 1111111liq I � I pictures,, radio, television, tape and sound recording, and other arts related to the P presentation, performance, execution and exhibition of these ma,jor art forms.; and, for pq� WHEREAS the Southeast Texas Arts Councill is the proper organizat� provide assistance in, the responsible distribution of public funds for support of the artl 9 Me Now, Therefore, the City and the Coulnell agree as follows: 000) Dollars by City 1, The payment of the total amount of Th i rty 'Thousand ($30, to Clouncill will be made, from funds, as available and as collected from the HoteE I M, Occupancy Tax. Payments of Two 'Thousand Five -Hundred Dollars ($2,5001) will b;1V made monthly for twelve (12) months commencing October 1, 2022- Any funds not expendied for the projects and purposes, approved will bil retained by the Council to be reallocated, for similar arts purposes by approval of thi 9M expenditure of fu1nds from the Hotel Occupancy Tax shall be, reasonably related tothe purposes established by VT. C.A. Tax Code 351. 101 3 agent or . The Council is an, 'ndependent contractor and is not an oilJlcer 4. The Clouncil, shall, submit, quarterly reports in the format provided by the City reflecting the activities of the Council as, they relate to this, clontraict., The Council shall submit such reports quarterly commencing January 15, 2023. 5. The City Manager or his designated representative shalll upon reasonable, notice, have the r' ht to inspect all books and records of the Councill. �9 agree 6. It 'is, understood and d, that either party may terminate this contract by gliving to the other party notice in writing of said termination thirty (30) days in, advance. unless it be renewed, the Council shiall 7. Upon termination ofthis agreementP 4,jeleiver to the City all funds paid undler this contract that it may have and all removable M personable property that, may have been purchased with funds derived from said tax. AMM a seminar be, held' during 8. Funding under this contract will require that should, the term of this contract designed to assure that explenditures of'Hotel Occupancy Tax funds are made; 'in coMpliance with the Act, a representative of the Counicil will atteni 9. Council agrees, to indemnlify, save harmless; and defend the City of' Beaumont frorn any and all claims, causes of action and damages of every kind arising 'from the, operations of Council, 'its officers, agents and ern'ployees, including the officers, agents and empl,,,oiyees involved 'in museum, operation and specifically including herein a ny a nd' all acts of negligence by the City of Beaumont, its agents, officers or ...mployees, carried out, under the terms, of thi's agreement. day o ct;Evt� EXECUTED this the f 2022. ATTES". By, 'Tina Broussard City Clerk CITY OFBEAUMONT By: Kenneth R. Williams, City Manager SOUTHEAST TEXAS ARTS COUNCIL i' err By: if � �` i r�� ink 9EM