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Home My WebLink AboutRES 21-269RESOLUTION NO. 21-269 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 Spindletop Gladys City Boomtown Museum and the City of Beaumont in the amount of $10,000.00 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 Rabin Mouton - STATE OF TEXAS § COUNTY OFJEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Spindletop Gladys City Boomtown 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 the Museum to stimulate tourism, convention and hotel activity with the Christmas in Boomtown: City of Lights project. EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Ten Thousand ($10,000) Dollars. The payment provided for herein will be made quarterly in the amount of Two Thousand Five Hundred Dollars ($2,500) 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 Museum agrees to indemnify, hold harmless and defend, at its own expense, the City 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 Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City, 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 SPINDLETOP GLADYS CITY BOOMTOWN MUSEUM Name: Title: ATTEST: By: Name: Title: STATE OF TEXAS § COUNTY OF JEFFERSON § . ............. This agreement between the City of'Beaumont, a, municipal corporation, herein called "City', and the Spire dletop Gladys, City Boorntown Museum, herin called "Mulseum", is as follows: WHEREAS V.T.C.A., Tax Code Section 351.001 et.sieq., authodizes, the City to levy by ordinance,, a hotel tax which may not exceed seven percent (7%) of the cons,iderati:on paid by a hotel ccspar 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 pi,ograms 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 351.1 it (a)(5), the City desires to provide financial assistance to the Museum to stimulate tourism, convention and hotel activity with the Christmas"n Boomtown- City of I-I'lights, project. 9M 1. City agrees to, pay to Museum the amount of' Ten Thousand Dollars. The payment provided for herein will be made quarterly in the amount of Two Thousand Five Hundred Dollars ($2,5010) per quarter commencing October 1, 20211, Any funds not expended by Museum will be retalined by Museum to bile lir IIIIIII� 2. Al I Eoix.pend"'ture of funds shall be reasonably related to the purposes z established by V.T.C.A. Tax Code Section 3. The Museum is an independent contractor and is not an officer, agent oir 4. In return for the, payments provided for herein,, Museum agrees to oplerate for llq� 1 111!11!! Ill ill I I iol 11 ii 5. The Museium sihall submit, quarterly reports 'In the, format prolvJded by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall, submit such reports, quarterly commencing January 1151 2022. 6. Thiel City Manager of City or, his designated representative shall, upon 9M 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum. shall deliver to the City all funds paid unr this contract that It may have and all remo�vable 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 du'ring 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'. 91. The Museum agrees to indemnify, hold harmless, anid defend, at its own expense, the City 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 conjunction with the execution, performance, attempted performance or nonperformance of this, contract or from the operations, and actions of the Museum,, its, officers, agents and employees and specifically including herein any and all acts of negligence by the City, its agent's, officers, or employees, carried out under the terms of this agreement, EXECUTED this the —dayof $2,021. By: . ....... Kyle Hayes City Manager ATTE B y: A City Clerk I 1�11 � � ITMvi FITI ilk m L, VI MAI a al l w a Kim 0 Yll [$I I, IL I'Ll Fill I THAT the CiltylTjlanager be and he is, hereby authorized to execute a one-yea,r finiancial Illiq III Useum the Spindletop Gladys Citly Bolonntown M andthe City of Beaumontl'n the amount %onducted The meeting at wNch this resoIlution was, approved was. 'in all things c Ir strilet compliance with the Texas, Open Meetings Act, Texas Government Code, Chaptei PASSED BYTHE CITY COUNCIL of the City of' Beaumont. this the d ay of