Res 2025-202 approving a funding contract with the non-profit San Marcos Sights and Sounds of Christmas, Inc., for the 2025 Sights and Sounds of Christmas signature event

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Docusign Envelope ID: A134C9FE-257C-4136-BAD3-3D57C3D7258B qualifying expenditures and/or did not spend 15% of the grant for paid advertising as set out in Section 4. SECTION 10. Monitoring of Performance: The Nonprofit agrees to allow the City or their designee, to inspect, at City's request, and with advance notice to the Nonprofit, all pertinent records, files, information, or other written material maintained by the Nonprofit or its subcontractors and related to the subject matter of this Contract. Any failure by the Nonprofit to provide such records as requested by the City in a timely manner may be deemed by the City to be in breach of this Contract by the City. Notwithstanding the foregoing requirements of this Section, the City acknowledges that the Nonprofit may redact or withhold such information that is deemed confidential by law unless any such confidentiality laws permit disclosure to the City and such records are pertinent to the City's evaluation of the performance of the Nonprofit under this Contract. SECTION 11.Sub-Contracts: No part of this Contract may be subcontracted to any other person, corporation, entity, organization, or association without the prior written consent of the City to such sub -contractor and to the terms and conditions of any such sub- contract. SECTION 12. Political Activity: The Nonprofit agrees not to use any of the funds under this contract for any political activity, including any activity to further the election or defeat of any candidate for public office or any activity undertaken to influence the passage, defeat, or final content of legislation. SECTION 13. Compliance With Laws: The Nonprofit agrees to comply with all applicable laws, ordinances, codes, and regulations of the local, state, and federal governments including but not limited to those laws, ordinances, codes, and regulations pertaining to equal employment opportunity and those pertaining to discrimination against participants. SECTION 14. Breach of Contract: A. If the City determines that the activities as described in this agreement are not being carried out as approved by the City or that the Nonprofit is in breach of any of the terms of this Contract, the City shall notify the Nonprofit in writing of the deficiency. The Nonprofit shall have ten working days from the date of the notice to correct or satisfy the deficiency. B. If the deficiency is not appropriately corrected or satisfied in the opinion of the City within the prescribed time, notice may be given to Nonprofit that its funding will be terminated. C. A decision of the City to terminate funding may be appealed to the City Council within 10 days of the date of the notice to terminate funding. During the appeal process, funding to the Nonprofit shall be put on hold. D. The City Council shall conduct a hearing on the matter within thirty days of receipt of an appeal and render a decision on the appeal as soon as practicable thereafter. E. Upon termination of this Contract under this Section 14, the Nonprofit shall remit 3