Res 2022-238R/Approving funding for youth service Director to administer youth servicesand programs not to exceed 50,000 Annually.

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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. 12.9 Section 2252 Compliance. Section 2252 of the Texas Government Code restricts the City from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. CAI 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. 12.10 Termination Due to Loss of Funding. If City funds are utilized to fund any part of this Agreement, the CAI understands that those City funds for the payment for work performed by the CAI under this Agreement have been provided through the City 's budget approved by City 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 City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The CAI acknowledges and agrees that it will have no recourse against the City 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 City extends from October 1st of each calendar year to September 30th of the following calendar year. 12.12 Ethics Matters; No Financial Interest. CAI and its employees, agents, representatives, and subcontractors have read and understand City's Ethics Policy available at hllp://www.sanmarcostx.gov/380/Ethics, and applicable state ethics laws and rules. Neither CAI nor its employees, agents, representatives or subcontractors will assist or cause City employees to violate City's Conflicts of Interest Policy, provisions described by City's Standards of Conduct Guide, or applicable state ethics laws or rules. CAI 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. 12.13 Subcontracting. The CAI will not subcontract any work under this Agreement without prior written approval from the City. In the event approval is given by the City, the CAI will specify any work or services, the appropriate insurance requirements and miscellaneous provisions by separate written agreement with the subcontractor. 12.14 Notices. All notices referenced in this Agreement shall be provided in writing to the representatives of the parties listed in paragraphs 2.4 and 4.2. Notices shall be deemed effective when delivered by hand delivery, the date received by email at the correct email address, or on the third business day after the notice is deposited in the U.S. Mail. The parties may designate alternative methods for delivery of notices by mutual agreement in writing. 12.15 Public Information Act. The City is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information, including books and records of CAI related to the expenditure of the City's funds hereunder may be subject to release under this Act, and CAI agrees to cooperate in good faith with the City in providing such information to the City if responsive to a request for information under said Act. 12.16 Non -Discrimination. CAI assures that no person shall be excluded from, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part under this Agreement on the basis of race, color, religion, sex, national origin, age, disability, or other classification subject to protection under applicable laws and ordinances. CAI will not discriminate