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Home My WebLink AboutRES 21-262RESOLUTION NO. 21-262 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 Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for FY 2022. 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 19th day of October, 2021. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OFJEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called 'TEM", 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, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Three Thousand Seven Hundred Fifty ($23,750) Dollars per quarter commencing October 1, 2021 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" Any funds not expended by TEM will be retained by TEM 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 TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2021 to September 30, 2022. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2022. 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 TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM 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 TEM will attend the seminar. 9. TEM 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 TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM 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 2021. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST - By: City Clerk TEXAS ENERGY MUSEUM, INC. 0 Name: Title: ATTEST: M3 Name: Title- AT'E OF TEXAS § COUNTY OF JEFFERSON § This agreement bleltwelen the City of Beaumont, a; munlclpal corporation,, herein called and the Texias, Energy Museum, herein called "'TEM"',, is as follows: W I T N E S S E TV W HETG., Tax Code, Section 3151:.001 e,t,.seq.,, authorizes the City to REAS, V.II..A levy by ordinanc%, a, hotel tax which may not exceedseven, percent (7%) of the consideration paid by allotel occupant; arid WHE I REAS, V.T.C.A. Tax Code, Section 351. 101 (a)(5)1,, authorizes the City to use a portion of tie 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 preservied historic sites or museums ator, in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be, frequented by tourists; and, for projects that directly enhance and promlote tourism and convention activities. WH EREAS, under the authority of V.T. C.A. Tax Code Section 351 .101 (a)(5), the City desires to provide, financial assistance to, 'TEM., NOW, THEREFORE, the City and TEM' agree, as follows: 1. City agrees to, pay to TEM the amount of Ninety - Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of I Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing October 1, 2021 from funds as, available and clollected from the hotel occupancy tax. Any funds not expended by TEM will be retained by TEM tobe reallocated f6l 2. All expenditure of funds shall be reasonably related to, the purposes, 10111i �� SM 3. The 'TEM, is, an 'Independent contractor and is not an officer, agent or 4. In return for the payments provided for herein, TEM agrees to operate for the 111111jg 5. The TEM shall submit quarterly reports, in the format. provided by the City reflecting the activities of TEM as they relate to, this, contract. 'The TEM shall submit-, such reports quarterly commencing January 15, 20,22. The City Manager of City or his designated representative shall, upon reasonable notim, have the right to inspect all books, and records of the 'TEM., 7. Upon termlination of this agreement or any extension thereof, unless it bV1 ontract,that *t may renewed, the TEM shal�l deliver to the City all funds paid under this c i�a,ve? and all removable personal property that may have been purchased with funds ng 8. Funding under this contract will require that should a seminar be held durij the term of this contract designed to assure that expenditures of Hotel Occupancy Tal funds are, made in compliance with the Act, a, representative of TEM will attend th4 9. TEM agrees to, indemnify,, savie harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind, ansing from thst s operations of TEM, its officer , agents and employees including the officers, agents,, and employees involvied in TEM operation and specifically including" herein any and all e'gence by the City of Beaumont, its agents, officers or employees, carried acts of' ng,li pliq EXECUTEDthis the day of 202111 %] k, VKOI 911 1001 A 1 us] Kyle Hayes, City Manager By: a< )Y(,L ILI' City Clierk THAT the City Manager be and he is hereby authorized to execute a one-year d assistance agreement, substantially in the form attached hereto as Exhibit "A," betwi, een the Texas E,nergy, Museum and the Cl!lt,y of Beaurnont, in, the amount of $95,000.00 for The meeting at whi,ch 'this resolution was approved was in all thi"ngs conducted in strilct compHiance with thle Texas Open Meetings Act, Texas Government Code, Chapter M, I PASSED BY THE CITY COUNCIL of the, City of Bea,umont,this the 19th day of - - A-t Mayor Robin Mouton,