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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discriminate against a potential client or tenant or vendor on the basis of religion or religious belief. If the Subrecipient engages in explicitly religious activities, including activities that involve overt religious content such as worship,religious instruction, or proselytization,the Subrecipient must perform such activities and offer such services outside of any part of this Program and separately, in time and location,from the activities funded under this Contract Agreement. 27. Reliance Upon Information The commitment of SURE funds under this Contract Agreement has been made in part on the basis of certain financial and other information furnished to the City of San Marcos by Subrecipient. SURF Funds may be withdrawn or recaptured by SURE at any time if the information furnished by Subrecipient should prove to be untrue or incorrect in any material respect, or if SURE should determine that it is inadvisable to fund the Program because of a material and adverse change in the condition of Subrecipient and/or the Program as deten-nined by SURE in its sole discretion. 28. Programmatic Changes Subrecipient will promptly notify the City of San Marcos in writing in the event of changes in key personnel and obtain the prior written approval from The City of San Marcos whenever any of the following actions is anticipated: (i) any revision in the scope or objectives of the eligible program activities, including source and use of funds, set forth in the Scope of Work and/or Application; (ii)any revision in the Program Budget between Program Budget categories for the eligible program activities; (iii) any need to extend the period of availability of SURE funds; or(iv)obtaining the services of a third party to perform activities which are central to the purposes of this Contract Agreement,which are material to the management or completion of the Program, or which could be construed by The City of San Marcos as an assignment of Subrecipient's rights and responsibilities under this Contract Agreement. Failure to so notify the City of San Marcos may result in termination of this Contract Agreement. 29. Subrecipient Reporting,Audit,and Record Keeping Requirements The Subrecipient must retain certain records and must submit to the City of San Marcos quarterly,or at such other intervals as requested, any information, documents or certifications requested by the City of San Marcos which the City of San Marcos deems reasonably necessary to substantiate Subrecipient's continuing compliance with the provisions of all applicable SURF program rules, guidelines, criteria, and regulations. Reports must be submitted in such format as prescribed by the City of San Marcos. The City of San Marcos shall retain the right to change reporting requirements from time to time as it deems necessary. The City of San Marcos assigns the Director of Neighborhood Enhancement as the point of contact for the program. A shared secure drive shall be established between the two entities to allow the Director of Neighborhood Enhancement to sign off on particular projects as needed. Subrecipient must maintain records for inspection by the City of San Marcos. These include, but are not limited to: a. Records of all SURF program-related account transactions including deposits, disbursements, and balances. b. Records supporting requests for payment and disbursement of funds. c. Records indicating the source and amount of any repayment, interest and other return on investment of SURE funds. d. Records of all written agreements and contracts pertaining to SURE Program. e. Records supporting a competitive bid process of procurement f. Audits and resolution of audit findings. g. Any program fees or program income collected. h. Efforts to recruit MBEs and WBEs. The following records and reports must be submitted to the City of San Marcos: a. Monthly programmatic narrative updates and expense reports with supporting documentation of program expenses. Page 8 of 14 Initials: