Res 2015-060/Professional Services Agreement between the City and Brown Reynolds Watford Architects, Inc. for the provision of Professional Architectural Services in connection with the San Marcos Fire Station No. 4 project in the not-to-exceed amount of

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10.4 The Architect hereby affirms that Architect and Architect's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to provide professional services to the City within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. The Architect further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, investigations, and other efforts made by Architect pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Architect. 10.5 In performing the services required under this Agreement, the Architect will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Architect agrees not to engage in employment practices that have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default by the Architect of the Agreement. 10.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 10.7 Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing the provision and all other provisions that are otherwise lawful will remain in full force and effect, and to this end, the provisions of this Agreement are declared to be severable. 10.8 The City will have the right to declare the Architect in breach of the Agreement for cause when the City determines that this Agreement has not been performed in accordance with its written terms and conditions. Should the City fail to perform its necessary responsibilities to advance the Project or fail to make payments to the Architect, the Architect will have the right to declare the City in breach of the Agreement for cause upon written notice to the City. 10.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and this Agreement does not create rights in third parties. 10.10 In performing all services under this Agreement, the Architect, its subcontractors, successors and assigns will comply with all local, state and federal laws. 10.11 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The BRW San Marcos Fire Station No.4 21