Res 2024-155 approving funding agreements with Southside Community Center in the amount of $800,000.00 from funds received by the city under the American Rescue Plan

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8. SLFRF Commitment The City of San Marcos agrees to disburse SURF funds subject to the terms and conditions contained in this Contract Agreement. Such disbursements shall not, in the aggregate, exceed that amount designated for total funding listed on page two(2)of this Contract Agreement and as detailed in the Program Budget. In no instance shall the City of San Marcos be liable for any costs incurred in excess of this commitment(hereinafter referred to as the"SLFRF commitment"), nor for any unauthorized or ineligible costs. Expenses that are out of compliance with this Contract Agreement may be determined ineligible and may be subject to repayment and/or recapture by USDT and/or the City of San Marcos. 9. Commencement and Duration The Subrecipient agrees that the Program shall not commence, nor shall any costs be incurred or obligated, prior to execution of this Contract Agreement unless approved in writing by the City of San Marcos. The Subrecipient agrees that the Program shall be carried out in accordance with the Project Plan - Milestones outlined in Exhibit 3 and the Time of Performance identified on page one(1)of this Contract Agreement. In no event shall funds be obligated or spent after the Program Expiration Date unless approved in writing by the City of San Marcos. 10. Drug-Free Workplace The Subrecipient shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 USC § 701 et seq.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place(grants), issued by the Office of Management and Budget and the Department of Defense(32 CFR part 280, subpart F)to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the Subrecipient shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued which are made apart of this Contract Agreement. 11. Insurance& Bonding The Subrecipient shall carry sufficient insurance coverage to protect Contract Agreement assets from loss due to theft, fraud, and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City of San Marcos. Subrecipient shall provide the City of San Marcos with proof of Commercial General Liability insurance in the amount of one million dollars ($1,000,000)for each occurrence and One Million Dollars($1,000,000) in the aggregate for bodily injury and property damage, naming the City of San Marcos, its departments, employees, and/or agents, as additional insureds. The Subrecipient shall also comply with the bonding and insurance requirements of 2 CFR 200.3 10- Insurance and 2 CFR 200.326, -Bonding. 12. The City of San Marcos and USDT Recognition The Subrecipient agrees to recognize the role of the City of San Marcos and USDT in providing assistance pursuant to this Contract Agreement by referencing the support provided in all publications and media efforts that relate to this Program. All activities,facilities and items utilized pursuant to this Contract Agreement shall be prominently labeled as to this funding source. 13. Program Income Program income includes,but is not limited to, income from fees for services performed,the use of rental or real or personal property acquired under Federal awards and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds,rebates, credits, discounts, or interest on rebates,credits,or discounts. The Subrecipients of SURE funds should calculate, document, and record the program income. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods,accounting standards and principles, compliance monitoring checks for program income calculations,and records. The Subrecipient shall comply with The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Donations and sponsorships of the Southside Community Center program not directly related to projects funded by SURE do not count as program income. Page 4 of 14 Initials:_D\/_