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REV 9.29.17 <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 <br />material breach. <br />ProprietaU 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 <br />any such confidential information, unless required by law. Professional Firm shall not announce or advertise <br />its engagement by Owner in connection with the Project or publicly release any information regarding the <br />Project without the prier written approval of Owner. <br />Termination Due to Loss of Funding. If Owner funds are utilized to fund 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 <br />Owner Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of <br />public funds beyond the fiscal year for which a budget has been approved. The Owner cannot guarantee the <br />availability of funds, and enters into this Agreement only to the extent such funds are made available. The <br />Professional Firm acknowledges and agrees that it will have no recourse against the Owner for its failure to <br />appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this <br />Agreement was executed. The fiscal year for the Owner extends from October- I st of each calendar year to <br />September 30th of 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 rules. Neither Professional <br />Firm nor its employees, agents, representatives or subcontractors will assist or cause Owner employees <br />to 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 Firm 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 />Termination for Convenience. The Owner may terminate the Agreement at any time upon 30 - <br />calendar days' notice in writing to Professional Firm. Upon receipt of such notice, Professional Firm <br />shall, unless the notice directs otherwise, discontinue all services in connection with the performance of <br />the Agreement. As soon as practicable after the receipt of notice of termination, Professional Firm shall <br />submit a statement to the appropriate department(s) showing in detail the services performed or items <br />delivered under the Agreement to date of termination. The Owner agrees to compensate the Professional <br />Firm for that portion of the prescribed charges for which the services were actually performed or items <br />delivered under the Agreement and not previously paid. <br />Page 5 of 20 <br />