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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The City's Hotel Occupancy Tax must be used to produce a signature event that will directly enhance and promote tourism and the convention and hotel industry. At least 15 percent of the total grant awarded must be used to purchase advertising to attract overnight stays to San Marcos hotel; proof of paid marketing is required. The City of San Marcos requires that no more than 30% of the annual budget of the event budget shall be derived from City funds. In the event that such funds do exceed 30% of the annual budget of the Nonprofit event at any time during which this Contract is in effect, the Nonprofit agrees to notify the City immediately so that appropriate monetary adjustments to this Contract can be made to assure compliance with this section. Under no circumstances shall any of the funds be used to pay Board of Director salaries or benefits. SECTION 5. Accounting: The Nonprofit shall maintain complete and accurate financial records and at the request of the City Manager or his designee, shall make the records available for inspection and review during normal business hours. SECTION 6. Unspent Funds: Any funds allocated to the Nonprofit by the City, which are unencumbered or unexpended at the end of the Contract Period, or other date of the termination of this Agreement, shall be remitted to the City within 30 days from the date thereof. SECTION 7. Hours of Operation: Event dates are the weekends of Thursday, November 30 — Saturday, December 2 and Thursday, December 7 — Saturday, December 9, 2023. SECTION 8. Reports: The Nonprofit agrees to provide an event evaluation report as required by the City relating to its performance and expenditures of funds under the terms of this Contract. Report is due on or before February 7, 2024, which is 60 days from the day following the event. The City of San Marcos requires that detailed records be kept related to production and operation along with attendance data. Documents required: 1. Summary of event 2. State the dates and hours of the event 3. List of activities with schedule, summary of how this event directly enhanced and promoted tourism and the convention and hotel industry, and attendance data (report link www.visitsanmarcos.com/arts/for-creators/) 4. Proof of paid marketing (as identified in Section 4) 5. Income statement (profit-and-loss statement) - organization's revenue, expenses, and profitability— budget vs actual SECTION 9. Periodic Payments: Funds to be paid by the City as provided in Section 3 above shall be released to the Nonprofit in two payments. The first payment of 85%, shall be released following the execution of this contract. The second payment of 15% shall be released following the City's analysis of the event evaluation report received as set out in 2