Res 2023-166R approving a funding contract with the non-profit San Marcos Sights and Sounds of Christmas, Inc. for the 2023 Sights and Sounds of Christmas signature event

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Ic" 2024 Contract CITY OF SAN MARCOS PROVIDER CONTRACT 224-XXX SECTION 1. Parties to Contract: This Contract is entered into between the City of San Marcos ("City") and Sights and Sounds of Christmas, Inc. ("Nonprofit"). The parties agree to be bound by the mutual obligations, performances, duties, and accomplishments in this Agreement. SECTION 2. Contract Period: This Contract shall be in effect from the execution date of this Contract through February 7, 2024. SECTION 3. Obligation of The City and Nonprofit: A. City agrees to provide the Nonprofit an amount not to exceed $100,000 in accordance with the approved City of San Marcos Fiscal 2024 budget ("Budget") subject to the terms and conditions outlined below, respectively, in return for its faithful, diligent, expeditious and satisfactory performance of the activities required to produce an in-person signature event. The funds are 50% Hotel Occupancy Tax and 50% General Fund. B. The Nonprofit agrees to provide the City of San Marcos the sponsorship benefits as set forth in the Nonprofit event package. C. The Nonprofit agrees to produce a signature event that will directly enhance and promote tourism and the convention and hotel industry. D. The public purpose of this Contract is to support the production of the Sights and Sounds of Christmas, a family-friendly Christmas festival featuring children holiday performances, music, dance, a carnival, petting zoo, food, and a journey back in time to Bethlehem. The funds provided under this Contract may not be used for any other purpose than the herein stated public purpose of the production of this in-person event. The failure of the Nonprofit to use the funds provided under this Contract for this sole public purpose shall be considered a breach of this Contract and will result in the automatic termination of this Contract. SECTION 4. Use of Funds: A portion of these funds provided under this Contract are generated by the City's Hotel Occupancy Tax to be used only in furtherance of the activities identified in Section 3.