Res 2018-021/awarding a design contract to Alan Plummer Associates, Inc. of 630 La Calma Drive, Suite 400, Austin, Texas; for the Sunset Acres Drainage Preliminary Engineering services, in the estimated amount of $187,900

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REV 12.19.17 Family Code Child Support Certification. If State funds are being used in in the procurement of the services described in Exhibit A, pursuant to Section 231.006, Texas Family Code, Professional Finn certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be tenninated and payment may be withheld if this certification is inaccurate. Prohibition on Contracts with Companies Boycotting Israel Pursuant to Chapter 2270 and 808, Texas Government Code, Professional Finn certifies that is not ineligible to receive the award of or payments under the Agreement and acknowledges that the Agreement may be terminated and payment may be withheld if this certification is inaccurate. Failure to meet or maintain the requirements under this provision will be considered a material breach. Section 2252 Compliance. Section 2252 of the Texas Government Code restricts the Owner fiom contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. Professional Finn hereby certifies that is not ineligible to receive the award of or payments under this Agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Proprietary hnterests. All information owned, possessed or used by Owner which is communicated to, learned, developed or otherwise acquired by Professional Firm in the performance of services for Owner, which is not generally known to the public, shall be confidential and Professional Firm shall not disclose any such confidential information, unless required by law. Professional Firm shall not announce or advertise its engagement by Owner in connection with the Project or publicly release any information regarding the Project without the prior written approval of Owner. Termination Due to Loss of Funding. If Owner funds are utilized to fund any part of this Agreement, the Professional Finn understands that those Owner funds for the payment for work perfonned by the Professional Firm under this Agreement have been provided through the Owner's budget approved by Owner Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The Owner cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Professional Finn acknowledges and agrees that it will have no recourse against the Owner for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the Owner extends from October 1 st of each calendar year to September 30th of the following calendar year. Ethics Matters• No Financial Interest. Professional Firm and its employees, agents, representatives, and subcontractors have read and understand Owner's Ethics Policy available at http://www.sanmarcostx.2ov/380/Ethics, and applicable state ethics laws and rules. Neither Professional Finn nor its employees, agents, representatives or subcontractors will assist or cause Owner employees to violate Owner's Conflicts of Interest Policy, provisions described by Owner's Standards of Conduct Guide, or applicable state ethics laws or rules. Professional Finn represents and warrants that no member of the City Council of San Marcos has a direct or indirect financial interest in the transaction that is the subject of this Agreement. Subcontracting. The Professional Firm will not subcontract any work under this Agreement without prior written approval from the Owner. In the event approval is given by the Owner, the