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