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Home My WebLink AboutRES 22-235RESOLUTION NO.22-235 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, the contract is 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 2023. 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 55'1. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 1th day of October, 2022. e - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § 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 ($23,750) Dollars per quarter commencing October 1, 2022 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, 2022 to September 30, 2023. 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, 2023. 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 , 2022. CITY OF BEAUMONT Kenneth R. Williams City Manager ATTEST: In Tina Broussard City Clerk TEXAS ENERGY MUSEUM, INC. Name: Title: ATTEST: so Name: Title: STATE 03F TEXAS SIN COUNTY OF JEFFERSON, This, agreement between the;Clty of Beaurnont,, a municipal corporation, herein called "City", and the 'Texas Energy Museum, herein called "TEM",, is, as followsl WHEREAS, V.T.C.A., Tax Code Section, 351.001 et,.seq.,, authorizes the City to lot I I 111 IiIqI 11 pi III III IIII EM restoration and preservation projects or activities or advertising and conducting q III IIII rip IIIII �I IN III IIIIIIIIIIIIIIq III , piq to visit, preserved historic, sites or museums, at or in the immediate vicinity of convention 0 *ts vicinity that would bi center facilities or located elsewhere in the municipallity or 1 1111 1 � III !!F1111111!!I lI Iilli�� I IN! I IIIII�I IIIIIII�I �11I�J�pii �I �� 11111I IIIIIIIIqI !!Ill A 1. City agrees to pay to TE,M the amount, of' Niniety-Five Thousand ($95,10001) Dollars. The payment, provided for herein will be made, quarterly in the arn?ount of Twenty -Three Thousand', Seven -Hundred ($23,7510) Dollars per quarter commencinf similar purposes by approval of City,. 2. All expenditure of' funds shall earelated to the purposes 3. The TEM is an independ, ,ent contractor and 'is not an officer,, agent or 41., In return for the payments provided for h�erein,, TEM, agrees to operate for the FOR 5. 'The 'TEM shiall submit quarterly reports, in the format provided by the City I reflecting the activities ofTEM as they relliate to this contract. The TEM shall submit =!1!11I IIIIII11ir 11 �I � �llIilill FF!!!! 1M!11!1!111I1� 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. T. Upon, termination of this agreement or, any extension thereof, unless it be � IIIIII 1 11111 l�� mi�IIII;I IF !I III have and all removable personal property that, may have been purchased with funds 8. Funding under this contract, will, require that should a seminar be held during 'Tax the; term of this contract designed to assure that expenditures of Hotel Occupancy I funds are made in, compliance with the Act) a, representative of TEM will attend the TEM agrees to indemnify, save harmless,, and defend the City of Beaumont as 'from any and all claims, cause of action and damages of every kind arising from tl-�,= operations, of TEM, its officers, agents, and employees, including the officers, aigents, cally including herein any and al. -2nd employees involved in'TEM operation and' speci acts of negligence by the City of Bleaurnont, its, agents, officers or employees, carrie:#1 /I EXECUTED this the, I I . day of &6440A�I-, 2022. U11 lums mmwl�� W Niffi 0 H Kenneth R., Williams City Manager