Laserfiche WebLink
C. The Engineer will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate <br />for public office. <br />D. The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />any of his /her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of consultants to provide consulting services to the City <br />within the two years preceding the execution of this Agreement. A campaign contribution, as <br />defined by the Texas Election Code or the San Marcos City Code is not considered a valuable gift <br />for the purposes of this Agreement. <br />E. In performing the services required under this Agreement, the Engineer will not <br />discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br />disability or ancestry. The Engineer agrees not to engage in employment practices, which have <br />the purpose or effect of discriminating against employees or prospective employees because of <br />race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by <br />the Engineer may be regarded as a default of the Agreement. <br />F All references in this Agreement to any particular gender are for convenience only and will <br />be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this <br />Agreement. <br />G. Should any provision in this Agreement be found or deemed invalid, this Agreement will <br />be construed as not containing the provision and all other provisions, which are otherwise lawful, <br />will remain in full force and effect, and to this end, the provisions of this Agreement are declared <br />severable. <br />H. All services provided pursuant to this Agreement are for the exclusive use and benefit of <br />the City and this Agreement does not create rights in third parties. <br />I. In performing all services under this Agreement, the Engineer, its agents, employees, <br />subcontractors, successors and assigns will comply with all local, state and federal laws. the charter <br />and ordinances of the City of San Marcos and with all applicable rules and regulations promulgated <br />by local, state, and federal boards, bureaus, and agencies. It is the Engineer's responsibility to <br />obtain all necessary permits and licenses required to provide services required by this Agreement. <br />J. The City's execution of and performance under this Agreement will not act as a waiver by <br />the City of any immunity from suit or liability to which it is entitled under applicable law. The <br />parties acknowledge that the City, in executing and performing this Agreement, is governmental <br />entity acting in a governmental capacity. <br />K. The City of San Marcos is governed by the Texas Public Information Act (the "Act "), <br />