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Home My WebLink AboutRES 22-260RESOLUTION N(D.22-260 BE IT RESOL\/EE) 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 Beaumont Children's Museum and the City of Beaumont in the amount of $27,000.00 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. PASSEL) BY THE CIL- of the City of Beaumont this the 18th day of October, 2022, 's i �,�Q S - Ma or Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT ' I� This agreement between the City of Beaumont, a municipal corporation, herein i called "City", and the Beaumont Children's Museum, herein called "Museum", 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)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for activities or advertising and conducting solicitation and promotional programs to encourage, tourism in Beaumont: Page 1 EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Twenty -Seven Thousand ($27,000) Dollars. The payment provided for herein will be made quarterly in the amount of Six Thousand Seven Hundred and Fifty Dollars (6,750) per quarter I I commencing October 1, 2022, from funds as available and collected from the hotel I occupancy tax. Any funds not expended by Museum will be retained by Museum 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)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. G. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2022 to September 30, 2023, 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2023. 6. The City Manager of City or his designated representative shall, upon i reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum 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 the Museum will attend the seminar. 9. The Beaumont Children's 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 nonperformance of this contract or from the operations and actions of the Beaumont Children's Museum, 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. Page 3 EXECUTED this the day of , 2022. ATTEST: By: Tina Broussard City Clerk ATTEST: By: _ Name: Title: Page 4 CITY OF BEAUMONT By: Kenneth R, Williams City Manager BEAUMONT CHILDREN'S MUSEUM By: _ Name: Title: OTATE OF TEXAS COUNTY OF JEFFERSON This agreement between the City of Beaumont, a municipal corporation, hereir called "City", and the Beaumont Chilidren"s Museum, herein called "Musefum", is, al. WHEREAS V.T.,C.A., Tax Code Section 351-001 eit.seq., authorizes the Cit levy by ordinance,, a hotel tax which may not exceed seven percent (7%) of the � I INI��MZI ilfigr I WHEREAS, V.T.C.A. 'Tax Code Section 351.101 (a)(5) , authorizes 'the City to use a portion of the revenues derived f'rom 'Its hotel occupancy tax "for historilical restoration and�f preservation projects or activities or advertising and conducting ;=g0II Milk to visit preserved historic sites or museums at or in the immediate vicinity of convention centeir facilities or located elsewhere in, the municipality or its vicinity that would bj A&L WH E REIAS, under thle authority of V.T.C.A. Tax Code Section 35 1.101 (a)(5) , thAr City desires to provide financial assistance to Museurn for activities or advertising and conducting solicitation and promotional programs to enicouragej tourism in Beaumont: Im UTIM, !il MUM= flA It, � I 1. City agrees to pay to Museum the amount of' Twenty -Seven Thousand ($27,000) Dollars. The payment provided for herein will be made quarterly in thl amount of Six Thousand Seven Hundred and Fift 01 1111 commencing, October 1, 2022, from, funds as available and collected frorn the hotel ICI Any funds not, expended by Museum will be retained' by Museum to be Pill qI iq� III q� III= 2. All expenditure of funds shall be reasonably related to the purposes I The Museum is an independent contractor and is not an officer, agent or, M mum= 4. In return for the payments provided, for herein, Museum agrees to operate 'for 5. The MIuseum shall submit quarterly reports In the format provided by the City reflecting the activities of' the Museum as they! relate to, this contract. The Museum shall' IIIIiIIIIIi I 111 .1 11111q, I I III III MIAMI 6. The City Manager of City or his, designated representative shall, upon reasonable notice, have the right, to inspect all boloks and records of the Museum 9ME 7. Upon, termination of' this agreement, or any extension thereof, unless it be renewed', the Museum shall deliver to the City all funds paid, under this contract, that io may have and all removable personal property that may have been purchased with 11111q� 111111 111` 1 111111 ing undier this contract will require that should a seminar be held during 8. F'u nd "he term of th" t is contract, des'gned to assure that expenditures of Hotel, Occupancy Tax funds are made in compliance with the Act, a representative of the 1 9. The Beaumont Children's Museum agrees to 111ndemnlify, hold harmless and, diefend, at its own expense, the Gity ofBeaurnont and its officers agients, servants, and employees from and against any and all clalms,, causes of action and damages of every, kind arising out of or 'in conjunction with the execution, performance, attemptej performance or nonperformance of this contract or from: the operations and actions, of MIMI =I EWW including herein any and, all acts of negligence by the City, of Beaumont its agents, *fficers or employees, carried out under the terms of this agreement. =0 EXECUTED this the. day of 2022, ATTEST By: 'Tina Broussard, City Clerk Ulffillm fl% CITY OF #-C�EAUM�ONT By 1, be Kenneth, R, Williams City Manager � 001 a m Ml Mi IL I I 9MMA