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Home My WebLink AboutRES 20-244RESOLUTION NO. 20-244 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, 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 2021. 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 3rd day of November, 2020. �.Becky - 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 enchance and promote tourism and enhance 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 EXHIBIT "A" Twenty -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2020 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, 2020 to September 30, 2021. 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, 2021. 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 , 2020. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk Downtown Beaumont Cultural Arts District in Name: Title: ATTEST: in Name: Title: STATE OF TEXAS § COUNTY OF JEFFERSON § 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: W I T N E S S E T'H: 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, raphic 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 enchance and promote tourism and enhance 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 Twenty -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2020 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)1(4). 3., The DBCAD is an independent contractor and is not an officeragent or employee of the City. 4. In return for! the payments provided for herein, DBiCAD agrees to operate for the period October 1, 2020 to Sepitemlber 30, 2021. 5. The DBCA,D shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this coinitract�. The DBCAD shall submi I t such reports quarterly commencing January 15,; 2021. 6. The City Manager of City or, his designated representative shall, upon reasonable notice, have the right to inspect all books and record's of the DBiCAD. 7. Upon termination of this agreiement, or any extension thereof', unless it be renewe:di, the DiBCAD 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 M - 0 1 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 9. DBCAD agrees, to indemnify; save hiarmless, and defend the City of Beaumont frorn 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. 0e, A04 EXECUTED this the 5, day of _6L, 2020. CITY OF BEAUMONT By: 11. Kyle Hayes City Manager ATTEST: By. J41 ct,,- Ii/I MAW,co City Clerk N a m e C-J�1:5 Title: INARIN M Im w �ft W