HomeMy WebLinkAboutRES 09-294 RESOLUTION NO. 09-294
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,
substantially in the form attached hereto as Exhibit "A," between the Art Museum of
Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY
2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
October, 2009.
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Mayor Becky Ames -
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Now
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, 1986 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, 2009. The
City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars
($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand
($185,000) Dollars, Eighty-Five Thousand ($85,000) 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 Eighty-Five Thousand ($85,000) 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.
GACGWGREEMENWRT MUSEUM-FY 1 0.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
12009.
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:\CG\AGREEMEN\ART MUSEUM-FY 10 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, 1986 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, 2009. The
City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars
($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand
($185,000) Dollars, Eighty-Five Thousand($85,000)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 Eighty-Five Thousand ($85,000) 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.
GAEconomic Development-HOT fundsTy 101ART MUSEUM-FY 10.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 Wk day of
Oc- 6 h f r , 2009.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
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By: ` :
Y
Kyle Hayes Name: !, nrl r, CALJjIt,
City Manager Title: Ex tu.c4-i� _b►rcedw
ATTEST: ATTEST:
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4, Name: QY Q r J
Title: f er-k 1t
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GAEconomic Development-HOT funds\Fy 10ART MUSEUM-FY 10.wpd