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Docusign Envelope ID: BOCECOFB-76E6-4AA8-BDA4-ED2B9C3F4C27 <br /> or firearm trade association; and will not discriminate against the same during the term of this contract. (Only <br /> applies to companies with 10 or more full-time employees and fora contract value greater than$100,000.)Failure <br /> to maintain the requirements under this provision will be considered a material breach. <br /> Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Section 2274 of the <br /> Texas Government Code (SB 13) restricts the City from contracting with companies that boycott energy <br /> companies. By signing below as an authorized signer,the Bidder certifies that it does not have a practice,policy, <br /> guidance, or directive boycotting energy companies, and will not discriminate against the same during the term <br /> of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater <br /> than$100,000.) Failure to maintain the requirements under this provision will be considered a material breach. <br /> Non-Discrimination. The Firm understands and certifies that it is an Equal Opportunity Employer and <br /> does not and will not discriminate in employment and in subcontracts based on race, color, sexual orientation, <br /> gender identity,national origin, sex, age, disability or economic condition and prohibits retaliation, discharge, or <br /> discrimination against any employee or applicant for employment or against any subcontractor or supplier. <br /> Proprietary Interests. All information owned, possessed or used by Owner which is communicated to, <br /> learned,developed or otherwise acquired by Professional Firm in the performance of services for Owner,which is not <br /> generally known to the public, shall be confidential and Professional Firm shall not disclose any such confidential <br /> information,unless required by law. The Firm shall not announce or advertise its engagement by Owner in connection <br /> with the Project or publicly release any information regarding the Project without the prior written approval of Owner. <br /> Termination Due to Loss of Funding. If Owner funds are utilized to fund any part of this Agreement,the Firm <br /> understands that those Owner funds for the payment for work performed by the Firm under this Agreement have been <br /> provided through the Owner's budget approved by Owner Council for the current fiscal year only. State statutes <br /> prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. <br /> The Owner cannot guarantee the availability of funds and enters into this Agreement only to the extent such funds are <br /> made available. The 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 Agreement <br /> was executed.The fiscal year for the Owner extends from October 1 st of each calendar year to September 3Oth of the <br /> following calendar year. <br /> Ethics Matters;No Financial Interest. Firm and its employees,agents,representatives,and subcontractors <br /> have read and understand Owner's Ethics Policy available at http://www.sanmarcostx.gov/380/Ethics, and <br /> applicable state ethics laws and rules. Neither Professional Firm nor its employees, agents, representatives or <br /> subcontractors will assist or cause Owner employees to violate Owner's Conflicts of Interest Policy, provisions <br /> described by Owner's Standards of Conduct Guide, or applicable state ethics laws or rules. Professional Firm <br /> represents and warrants that no member of the City Council of San Marcos has a direct or indirect financial interest <br /> in the transaction that is the subject of this Agreement. <br /> Subcontracting. The Professional Firm will not subcontract any work under this Agreement without prior <br /> written approval from the Owner. In the event approval is given by the Owner,the Professional Firm will specify <br /> any work or services, the appropriate insurance requirements and miscellaneous provisions by separate written <br /> agreement with the subcontractor. <br /> Mutual Waiver of Consequential Damages. In no event shall either party be liable, whether in contract <br /> or tort or otherwise, to the other party for loss of profits, delay damages, or for any special incidental or <br /> consequential loss or damage of any nature arising at any time or from any cause whatsoever. <br /> Texas Tax Code 171.1011(g)(3). Notwithstanding anything in this agreement and for the purpose of <br /> complying with Texas Tax Code 171.1011(g)(3),the City agrees to the following: <br /> (1) Prior to commencing performance under this Agreement, Firm will provide the City with a <br /> Rev 01.11.2023 Page 5 of 10 <br />