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(d) The Consultant hereby affirms that neither the Consultant, the Consultant's firm nor any of its associates
<br />or employees have made or agreed to make any valuable gift whether in the form of service, loan, thing, or
<br />promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote
<br />upon, or any other direct influence on the selection of consultants to provide professional services to the
<br />City within the two years preceding the execution of this Agreement. A campaign contribution, as deemed
<br />by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the
<br />purposes ofthis Agreement. The Consultant further agrees that none of its paid personnel will be employees
<br />of the City or have any contractual relationship with the City. All activities, investigations, and other efforts
<br />made by Consultant pursuant to this Agreement will be conducted by employees, associates, or independent
<br />contractors of the Consultant.
<br />(e) In performing the services required under the Agreement, the Consultant will not discriminate against
<br />any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The
<br />Consultant agrees not to engage in employment practices which have the purpose or effect of discriminating
<br />against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach
<br />of this covenant may be regarded as a default of the Consultant of the Agreement.
<br />(f) All references in the Agreement to any particular gender are for convenience only and will be construed
<br />and interpreted to be of the appropriate gender. The term "will" is mandatory in the Agreement.
<br />(g) Should any provision in the Agreement be found or deemed to be invalid, the Agreement will be
<br />construed as not containing the provision and all other provisions which are otherwise lawful will remain
<br />in full force and effect, and to this end the provisions of this Agreement are declared to be severable.
<br />Paragraph and Section headings included in this Agreement are for convenience only and are not intended
<br />to define or limit the scope of any provisions of the Agreement.
<br />(h) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and
<br />this Agreement will not give rise to any rights in third parties.
<br />(i) The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of
<br />the Texas Government Code, as amended. This Agreement and all written information generated under
<br />this Agreement may be subject to release under the Act. The Consultant will not make any reports,
<br />information, data, etc. generated under this Agreement available to any individual or organization without
<br />the written approval of the City.
<br />6) In the event that the performance by either the City or the Consultant of any of its obligations under this
<br />Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil
<br />commotion, then the party is excused from such performance for the period of time reasonably necessary
<br />to remedy the effects of such events.
<br />(k) The City and the Consultant, respectively, bind themselves, their partners, successors, assigns and legal
<br />representatives to the other party to the Agreement and to the partners, successors, assigns and legal
<br />representatives of such other party with respect to all covenants of the Agreement. The City and the
<br />Consultant may not assign, sublet or transfer any of their rights or delegate or subcontract any of their duties
<br />under or interest in the Agreement in whole or in part, without the written consent of the other. Any work
<br />or services subcontracted under the Agreement will be specified by separate written agreement and will be
<br />subject to each provision of the Agreement. The Consultant will notify the City, in writing, of any change
<br />in its partnership /ownership within 30 calendar days of such change.
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<br />CITY HALT. • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 . 512.393.8150 o FACSIMILE 512.393.3983
<br />SANMARCOSTX.GOV
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