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Home My WebLink AboutRES 05-227 RESOLUTION NO. 05-227 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 contract between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of$175,000 for FY06. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of November, 2005. � UM iw, W - Mayor Guy N. Goodson - 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: 1. 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, 1996 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, 2005. The City agrees to pay museum the sum of Forty-three Thousand Seven-Hundred Fifty ($43,750) Dollars per quarter. Of the total annual sum of One-Hundred Seventy-Five Thousand ($175,000) Dollars, Fifty-Thousand ($50,000) 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. 3. Expenditure of the Fifty-Thousand ($50,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. 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. 6. 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. G:\CG\AGREEMEWART MUSEUM-FY 06.wpd 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. 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 , 2005. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By: Kyle Hayes Name: City Manager Title: ATTEST: ATTEST: By: By: City Clerk Name: Title: G:\CGWGREEMENWRT MUSEUM-FY 06.wpd 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: 1. 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, 1996 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, 2005. The City agrees to pay museum the sum of Forty-three Thousand Seven-Hundred Fifty ($43,750) Dollars per quarter. Of the total annual sum of One-Hundred Seventy-Five Thousand ($175,000) Dollars, Fifty-Thousand ($50,000) 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. 3. Expenditure of the Fifty-Thousand ($50,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). 4. 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. 6. 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. G:\CGWGREEMENWRT MUSEUM-FY 06.wpd 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. 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 AML—a 2> , 2005. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: �1 Low B Y: ,[ Kyle Hayes Name: P C01,41& City Manager Title: LXe cu.4wf- bpi e r�o-,r- ATTEST: ATTEST: B Y: B CGE y. City Clerk Y LIN' ame: �, �,�L,-4z ��A, Title: Bi4y�,?4 l�Fh�Qy i��,11N10 I eI,, � �+ V "Gas w ,Z s G:\CGWGREEMEN\ART MUSEUM-FY 06.wpd i