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(c) The Consultant agrees not to use funds received by it under the terms of this Agreement for <br /> any partisan political activity or to further the election or defeat of any candidate for public <br /> office. <br /> (d) The Consultant hereby affirms that neither the Consultant, the Consultant's firm nor any of <br /> its associates or employees have made or agreed to make any valuable gift whether in the form <br /> of service, loan, thing, or promise to any person or any of his/her immediate family, having the <br /> duty to recommend, the right to vote upon, or any other direct influence on the selection of <br /> consultants to provide professional services to the City within the two years preceding the <br /> execution of this Agreement. A campaign contribution, as defined by the Texas Election Code <br /> or the San Marcos City Code will not be considered as a valuable gift for the purposes of this <br /> Agreement. The Consultant further agrees that none of its paid personnel will be employees of <br /> the City or have any contractual relationship with the City. All activities, investigations, and <br /> other efforts made by Consultant pursuant to this Agreement will be conducted by employees, <br /> associates, or independent contractors of the Consultant. <br /> (e) In performing the services required under this Agreement, the Consultant will not <br /> discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br /> disability or ancestry. The Consultant agrees not to engage in employment practices which have <br /> the purpose or effect of discriminating against employees because of race, color, sex, religion, <br /> national origin, age, disability or ancestry. A breach of this covenant may be regarded as a <br /> default of the Consultant of this 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 <br /> this Agreement. <br /> (g) Should any provision in this Agreement be found or deemed to be invalid, this Agreement <br /> will be construed as not containing the provision and all other provisions which are otherwise <br /> lawful will remain in full force and effect, and to this end the provisions of this Agreement are <br /> declared to be severable. Paragraph and Section headings included in this Agreement are for <br /> convenience only and are not intended to define or limit the scope of any provisions of this <br /> Agreement. <br /> (h) All services provided pursuant to this Agreement are for the exclusive use and benefit of the <br /> City and 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"), <br /> Chapter 552 of the Texas Government Code, as amended. This Agreement and all written <br /> information generated under this Agreement may be subject to release under the Act. The <br /> Consultant will not make any reports, information, data, etc. generated under this Agreement <br /> available to any individual or organization without the written approval of the City. <br /> CITY HALL•630 EAST HOPKINS•SAN MARCOS,TEXAS 78666. 512.393.8150• FACSIMILE 855.759.2846 <br /> SANMARCOSTX.GOV <br /> 9 <br />