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Home My WebLink AboutRES 21-266RESOLUTION NO. 21-266 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 Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of $47,000.00 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. C_ � �Z /�' �-, - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OFJEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French 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, 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 Museum for historical restoration, preservation, and tourism in Beaumont: EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Forty -Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2021, from funds as available and collected from the hotel 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. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2021 to September 30, 2022. 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, 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 Museum. 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 Heritage Society 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 Heritage Society/John Jay French 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. EXECUTED this the day of 2021. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: M City BEAUMONT HERITAGE SOCIETY By. -- Name- Title ATTEST: By: _ Name: Title: STATE OF TEXAS COUNTY OF JEFFERSON FA tI Jj[AVJLb I MI[ej j:j AT This agreement between the; City of Beaumont, a mun*ic'ipal corporation, herein, called "City", and the Beaumont Heritage Society operating the John J. French q111011111piq I I liq i W I 'T N E, S S E, T'H,: WHEREAS V.T.C.A., Tax Code Section 351.001 et.:seq�., authorizes the Cit1jz , 1 M1by ordinance, a hotel tax which may not exceed seven Percent i' li�� 0 'balm WHEREAS,,, V.T,.C.A,. Tax. Code Section 3511.101 (a)(5), authorizes the City to, use a, port'llon of the revenues derived from, 'its hotel occupancy tax "'for historical restoration and preservation projects or activities or advertising and conducting q I q 111' 11 Pill 1!1111lils I q 1111111 q1111 q liqp1pliqpq 111 q Fill 1111111111111111 q 1 11 =0MME=1 1I i to center Taci ies or located elsewhere in the municipality or fts, vicinity that would b 101 1111 MIX141-210M ".A,, 1111UMN "A 144.7 City desires to provide financial assistance to Muse,um for historical restoration, preservation, and tourism in Beaumont, 9M NOW, THEREFORE, the City and Museum agree as followsl 1. City agrees to pay �to, Museum, the amount of Forty -Seven 'Thousand ($471000 Dollars. The payment provided for herein, will be made quarterly in the( arnount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,7501) per quarter commencing October 1, 20121,, from funds as available and collected from the hotel, Any funds not expended by Museum will be retained by Nluseurn to bst 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 contractior and is not an officer, agent or mmgm Museum agrees to 4 e, operate -for . In return for thpayments provided for, herein,, the penod October 11,,,2021 to September 30, 2022. 5. 'The Museurn shall submit quarterly reports in the format provided bythie City reflecting the activities of the Museum as, they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2022. 6. The City Manager of City or his designated representative shiall, upon reasonable notice, have the righit to inspect all books and records, of the Museum, 9MM 7. Upon termination of this agreement or any extension thereof, unless it be reinewed, the Museum shall deliver to the City all funds paid under this contract that it 2=13=eWs q I I 8. Fulindinfi, funds are made in compliance with the Act, a representative of the Museum will attend the seminar. I I 1111pliq Ili e!mployefes, from and against any and all claims, causes o, action and damages oo zrf every kind arising out of or in, conjunction with, the; execution,, pe Drrnanceattemptei performance or, nonperformance of this contract or from the operations and' actions of the Beaumont Heritage Society/John Jay French Museum,, its offlicers, agents and I is Beaumont its agents, officers or employees, carried out under the terms of thi Z432= k1el-001- EXECUTED this the d ay of' ldr, 6, CY 2021. ATTE�770. B y as Ila, rl,'ALa ,City Clerk FAV-111-tom I Ak CITY OF BEAUMONT By: Kyle Hayes City Manager M, AM i _FA OR WN A AM THAT the City Manager be arild he "s hereb -year finanC4."i I _y authorized to execute a one assistance agreement, substantiallilly in the form attached hereto as Exh'b't beltween ty/ the Beaumont Heritage Socle 'John Jay French Museum and �the o City f Beaumont The meleting at which this resolution was approved was 'in all things conducted in PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of