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2 <br /> <br /> 4. Budget. The Bureau shall submit its annual budget for review by the City on or before <br />the first day of December of the year preceding the effective date of the budget. Such budget <br />shall detail specifically the uses to which monies received shall be spent to provide the services <br />described in Paragraph 2 of this Agreement. <br /> <br /> It is understood between the parties that the actual revenues being generated under <br />Paragraph 5 may vary from the amount anticipated in the budget. For this reason, it is agreed <br />that the budget may be modified without prior consent of the City, providing that any <br />adjustments shall be made by a two thirds (2/3) vote of the Bureau Board of Directors. <br /> <br /> Notwithstanding any other language to the contrary the Bureau shall not expend any <br />sums beyond its revenues. <br /> <br /> 5. Funding. On the 15th day of each month, the City shall remit to the Bureau, for <br />funding of the Bureau, 95% of the lodging tax payments received by the City, less refunds, in the <br />preceding month during the term of this Agreement. <br /> <br /> 6. Verification of Expenditures. The Bureau will provide the City a copy of the <br />Bureau’s monthly financial statements, showing monthly, year to date, and budget figures, <br />properly itemized and verified by the Director of the Bureau. The Finance Officer of the city <br />shall have the right of access to the books and records of the Bureau at any time during normal <br />business hours to audit any time of revenue or expenditure. <br /> <br /> 7. Termination. The city may terminate this Agreement by providing written notice to <br />that effect by December 31st of the preceding calendar year to give at least a one year notice to <br />the other party (i.e. notice given by December 31 2020 would mean agreement dissolves on <br />December 31 2021. Such termination shall be effective on December 31st of the following <br />calendar year in which notice is given. <br /> <br /> 8. Composition of Bureau’s Board of Directors. City and Bureau agree that the Bureau’s <br />Board of Directors shall be proportionately represented, based on the percentage of lodging fee <br />contributions contributed by the Member City during the preceding year. Each Member City <br />shall have at least one Board Member. For each additional 10%, or portion thereof, above the <br />initial 10% of the overall contribution will entitle the Member City to one additional <br />representative. The first Board Member appointed by the Member City shall be an elected or <br />appointed municipal representative of that Member City. The second Board Member selected by <br />the Member City will be from that community’s lodging industry. Any additional <br />representatives shall be selected at the Member City’s discretion. The term of any Board <br />Member appointed by a Member City shall immediately cease, without further action, upon the <br />termination of membership of that Member City in the Corporation. <br /> <br /> 9. Hold Harmless. Any and all employees of the Bureau or any other persons, while <br />engaged in the performance of any service required by the Bureau under this Agreement, shall <br />not be considered employees of the City, and any or all claims that may or might arise under the