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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 /> Chapter 552 of the Texas Government Code. This Agreement and all written information <br /> generated under this agreement may be subject to release under the Act. The Engineer will not <br /> make any reports, information, data, etc. generated under this Agreement available to any <br /> 8 <br />