Res 2022-190R/approving an award of a contract to Electric Cab North America for Microtransit Solution services in an amount not to exceed $500,000.00

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DocuSign Envelope ID:75FE39C7-BC6A-40EE-BF86-44BCFC63729F ineligible to receive the award of or payments under this Agreement and aclaiowledges that this Agreement may be terminated, and payment may be withheld if this certification is inaccurate. 22. Prohibition on Contracts with Companies Boycotting Israel. Pursuant to Chapter 2271 and 808, Texas Government Code,the Contractor 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. 23. Section 2252 Compliance. Section 2252 of the Texas Government Code restricts the Owner from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. The Contractor 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. 24. Prohibition on Contracts with Certain Foreign-Owned Companies. Section 2274 of the Texas Government Code(SB2116)restricts the City from contracting with companies that do business with certain foreign-owned companies in connection with critical infrastructure if the company is granted direct or remote access;and if the company is owned by citizens of or is directly controlled by the government of China,Iran, North Korea, Russia, or a"designated country", or headquartered in China, Iran,North Korea, Russia, or a designated country. Designated country is Governor-designated country as a threat to critical infrastructure. By signing below as an authorized signer,the Bidder hereby certifies that it does not do business with certain foreign-owned companies in connection with critical infrastructure as described herein. Failure to maintain the requirements under this provision will be considered a material breach. 25. Non-Discrimination. The Contractor understands and certifies that it is an Equal Opportunity Employer and does not and will not discriminate in employment and in subcontracts based on race,color,sexual orientation, gender identity,national origin,sex,age,disability or economic condition and prohibits retaliation,discharge, or discrimination against any employee or applicant for employment or against any subcontractor or supplier. 26. Proprietary Interests. All information owned,possessed or used by Owner which is communicated to,learned, developed or otherwise acquired by Professional Contractor in the performance of services for Owner,which is not generally known to the public, shall be confidential and Professional Contractor shall not disclose any such confidential information,unless required by law. The Contractor 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. 28. Termination Due to Loss of Funding. If Owner funds are utilized to fund any part of this Agreement, the Contractor understands that those Owner funds for the payment for work performed by the Contractor 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 Contractor 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. 29. Ethics Matters; No Financial Interest. Contractor and its employees, agents, representatives, and subcontractors have read and understand Owner's Ethics Policy available at http://www.sanmarcostx.gov/380/Ethics, and applicable state ethics laws and rules. Neither Professional Contractor 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 Contractor represents and warrants that no member of the Rev 06.13.2022 Page 4 of 12