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<br />103. <br /> <br />CONTRACT FOR TOURISM PROMOTIONAL SERVICES <br /> <br />This contract is dated September 24,2002, and is between the City of San Marcos, Texas, <br />a Texas municipal corporation (the "City"), and the San Marcos Area Chamber of Commerce (the <br />"Chamber"). This Contract is entered into under Chapter 351, Texas Tax Code. <br />1. ALLOCATION OF FUNDS <br />A. The City has enacted a hotel occupancy tax on rooms furnished by hotels and motels <br />within the City. The City agrees to allocate funds from the revenue of this tax to the Chamber, <br />operating as the San Marcos Convention and Visitors Bureau, under Texas Tax Code S3 51.1 0 1 ( c). <br />The allocation of these funds to the Chamber (the "CVB Funds") is agreed to be 60.714% of the <br />gross amount of all funds collected by the City from the hotel occupancy tax. <br />B. The Chamber shall be entitled to administrative expenses incurred directly in fulfilling <br />its responsibilities under this Contract. These administrative expenses shall not exceed 33.3% of the <br />CVB Funds received by the Chamber from the City, and shall be used only when costs are incurred <br />directly in the Chamber's tourism promotion activities. <br />C. The Chamber shall maintain the CVB Funds provided by the City under this Contract (the <br />"CVB Funds") in a separate account, and the Chamber shall not commingle the funds in that account <br />with any other money, or maintain them in any other account. <br />D. The Chamber shall maintain complete and accurate financial records of each expenditure <br />of the CVB Funds and, at the request of the City Manager or his designee, or of any other person, <br />shall make the records available for inspection and review during normal business hours. <br />2. USE OF CVB FUNDS <br />A. The Chamber shall expend CVB Funds for general promotional and tourist advertising <br />for the City of San Marcos and conducting a solicitation and operating program to attract visitors and <br />conventions to the City. <br />B. The Chamber shall make these expenditures in conformance with and in proportion to <br />the Convention and Visitors Bureau budget for 2002-2003 which is marked Exhibit A and attached <br />to this Contract for all intents and purposes as though fully set out herein. The Chamber <br />acknowledges that the City's approval of this budget creates a fiduciary duty in the Chamber with <br />respect to the CVB Funds provided by the City to the Chamber under this Contract. <br /> <br />C:ITEMPlarea chamber cvb-2002.doc <br /> <br />1 <br />