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REV I 121.11 <br /> acknowledges that this Agreement may be terminated and payment may be withheld if this certification <br /> is inaccurate. <br /> Prohibition on Contracts with Companies Boycotting Israel. Pursuant to Chapter 2270 and 808, <br /> Texas Government Code, Professional Firm certifies that is not ineligible to receive the award of or <br /> payments under the Agreement and acknowledges that the Agreement may be terminated and payment <br /> may be withheld if this certification is inaccurate.Failure to meet or maintain the requirements under this <br /> provision will be considered a material breach. <br /> Section 2252 Compliance. Section 2252 of the Texas Government Code restricts the Owner from <br /> contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. <br /> Professional Firm hereby certifies that is not ineligible to receive the award of or payments under this <br /> Agreement.Failure to meet or maintain the requirements under this provision will be considered a material <br /> breach. <br /> Proprietary Interests. All information owned, possessed or used by Owner which is communicated <br /> to,learned,developed or otherwise acquired by Professional Firm in the performance of services for Owner, <br /> which is not generally known to the public,shall be confidential and Professional Firm shall not disclose any <br /> such confidential information,unless required by law. Professional Firm shall not announce or advertise its <br /> engagement by Owner in connection with the Project or publicly release any information regarding the Project <br /> without the prior written approval of Owner. <br /> Termination Due to Loss of Funding.If Owner finds are utilized to find any part of this Agreement, <br /> the Professional Firm understands that those Owner funds for the payment for work performed by the <br /> Professional Firm under this Agreement have been provided through the Owner's budget approved by Owner <br /> Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public finds <br /> beyond the fiscal year for which a budget has been approved.The Owner cannot guarantee the availability of <br /> funds,and enters into this Agreement only to the extent such funds are made available.The Professional Firm <br /> acknowledges and agrees that it will have no recourse against the Owner for its failure to appropriate funds <br /> for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was <br /> executed.The fiscal year for the Owner extends from October 1st of each calendar year to September 30th of <br /> the following calendar year. <br /> Ethics Matters; No Financial Interest. Professional Firm and its employees, agents, <br /> representatives, and subcontractors have read and understand Owner's Ethics Policy available at <br /> http://www.sanmarcostx.gov/380/Ethics and applicable state ethics laws and roles. Neither Professional <br /> Firm nor its employees,agents,representatives or subcontractors will assist or cause Owner employees to <br /> violate Owner's Conflicts of Interest Policy, provisions described by Owner's Standards of Conduct <br /> Guide,or applicable state ethics laws or rules. Professional Finn represents and warrants that no member <br /> of the City Council of San Marcos has a direct or indirect financial interest in the transaction that is the <br /> subject of this Agreement. <br /> Subcontracting. The Professional Firm will not subcontract any work under this Agreement <br /> without prior written approval from the Owner. In the event approval is given by the Owner, the <br /> Professional Firm will specify any work or services, the appropriate insurance requirements and <br /> miscellaneous provisions by separate written agreement with the subcontractor. <br /> Page 5 of 26 <br />