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Home My WebLink AboutRES 21-268RESOLUTION NO. 21-268 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 Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $30,000.00 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. fAJMOryp~�� - Mayor Robin Mouton - h'S � l y�'�`Sv uN THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council', is as follows: WITNESSETH WHEREAS V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue 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 enhance and promote tourism and the convention industry. WHEREAS the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont. EXHIBIT "A" Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Thirty Thousand ($30,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Two Thousand Five -Hundred Dollars ($2,500) will be made monthly for twelve (12) months commencing October 1, 2021. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2022. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable 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 Council will attend the seminar. 9. Council 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 Council, its officers, agents and employees, including the officers, agents, and employees involved in museum 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. ATTEST: By: City Clerk CITY OF BEAUMONT M Kyle Hayes City Manager SOUTHEAST TEXAS ARTS COUNCIL By: Name: ATTEST: Title: By: Name: Title: THE, STATE OF TEXAS § This agreement bletween the City of Beaumont, a municipal corporation, herein called "City"',, and the Southeast Texas Arts Council, a Texas non-profit iq� I III I III N"NOLMAPIMMMMI IT'"TMEREAS V.1T.C.A. Tax Code Section, 351.001 et,.seq.,,, authorizes the City to use revenue derived from. its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conduicting a solicitation and operating; program to attract conventions and visitors, either by the City or through contracts with persons or orga,nizations selected by the Cfty;; and, WHEREAS, VI.T.C.A., Tax Code Section 3511.101(a)(4), authorizes the City to use a limited portion of the revenue derived from 'Its hotel occulplancy tax for the encouragement,, promotion, improvement and application of the arts,, including Al instrumental and vocal music,, dance, drama, folk art, creative writing, architecture,, design and allied fiel,ds, painting,, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound reclording, and other arts related to the presentation, performance, execution and exhibition, of these major art forms,- and,, for Projects that directly enhance and promote tourism and the convention industry. WHEREAS the Southeast 'Texas Arts Council is the proper organization t#, p ide assistance 'in the responsible distribution of public funds for support of the arts, rovi require that should a, seminar be held during 0 Fun,ding under this, contract will, the term, of this contract designied to assure that expenditures ofHotel Occupancy Tal funds are made in compliance with the Act, a representative ofthe Council will attend 9. Council agrees to 'Indemnify, save harmless, and defend the City of Beaumont from any and all claims,, causes of action and darnages of every kind arming from the operations of Council, its officers,, agents and employees,, including the, officers, agents, and employees involved in museum opera ion and specifically includinig, herein any and all acts of negligence by the City, of Beaumont, its a,genits, officers or employees, carried out under the terms of this agrieemen, EXECUTED this, the day of 202 1'* ATTE,S Blyi-O City Clerk r� CITY OF BE'IAUM, N'T By: rm-.- �Mooll Kyle Hayes City Manager SGUTHEASTTEXAS ARTS COUNCIL By: Nlame: 2K� Title,* k2oZ oo� li� THAT the City Manager be and' he is hereby authodzed to execute a one-year financial assistance agreement, substantially in the, form attached hereto as Exhibit "A," between the Southeast, Texas, Arts Council (SETAC) and the City of Beaumont in the amount of $30 1 ,000.00 for FY 2022, The meeting at which 'this resolution was approved" was in all things conducted 'in strict compliance with the'Texa?s Open Meetings, Act Texas Government Code,,, Chapter M1 PASSED BY THE CITY COUNCIL, of the ClIty of Beaumont this, the 19t,h day ot: Mayor Robin Mouton -