Res 1999-137 - Laserfiche WebLink

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127 CITY OF SAN MARCOS ARTS COMMISSION ART SERVICES PROVlDERCONTRACT PARTIES: City: The City of San Marcos, 630 E. Hopkins, San Marcos, TX 78666. Provider: FUNDING AMOUNT: $ ************************************************************************************* SECTION 1. Obligations of the City and the Provider: The City agrees to provide the Funding Amount to the Provider in return for the Provider's faithful and satisfactory performance of the activities proposed in its art services funding application which is attached as Appendix A. SECTION 2. Contract Period: This contract takes effect upon its execution, and terminates upon completion of obligations by the parties, unless sooner terminated by the City. SECTION 3. Use of Funds: Funds provided under this contract are generated by the City's Hotel Occupancy Tax, and are to be used to directly enhance and promote tourism within the City of San Marcos. SECTION 4. Reports: The Provider agrees to provide a report as required by the City relating to the Provider's expenditure of funds and performance of activities under this contract. The format and content of these reports will be determined by the City's Arts Commission. SECTION 5. Periodic Payments: Funds to be paid by the City as provided in Section 3 above shall be released to the Provider as follows: SECTION 6. Access to Records: The Provider agrees to allow the City to inspect all pertinent records, files, invoices and other written material maintained by the Provider related to this contract, with advance notice to the Provider. Any failure by the Provider to provide records as requested by the City may be deemed by the City to be a breach of this contract by the Provider. SECTION 7. Subcontracts. The Provider agrees not to subcontract any part of this contract to any other person or organization without the prior written consent ofthe City. SECTION 8. Political Activity. The Provider agrees not to use any ofthe funds received by the Provider 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 9. Compliance with Laws. The Provider agrees to comply with all applicable laws, ordinances, codes and regulations of the local, state and federal governments including those pertaining to equal employment opportunity and discrimination against participants. SECTION 10. Breach of Contract. A. If the City Manager of the City determines that the Provider is not carrying out its activities in accordance with this contract, or that the Provider has breached any provision of this contract, the City Manager shall notify the Provider in writing of the deficiency. The Provider shall have 10 working days from the date of the notice to correct the deficiency. B. If the deficiency is not appropriately corrected in the opinion of the City Manager within the prescribed time, notice may be given to the Provider that its funding will be terminated. C. A decision to terminate funding may be appealed to the City's Arts Commission within ten days of the date of the notice to terminate funding. During the appeal process, funding to the Provider will be withheld. D. The Arts Commission will conduct a hearing on the matter within 1 {)-'days of receipt of an appeal and render a decision on the appeal as soon as practicable thereafter. -1-