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Docusign Envelope ID:4882FD96-A208-44EA-8573-FB7767E265D9 <br /> 36. Prohibition on Contracts with Companies Boycotting Certain Energy Companies. Section 2274 of the <br /> Texas Government Code (SB13) restricts the City from contracting with companies that boycott energy <br /> companies. By signing below as an authorized signer,the Contractor certifies that it does not have a practice, <br /> policy,guidance, or directive boycotting energy companies,and will not discriminate against the same during <br /> the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract <br /> value greater than $100,000.) Failure to maintain the requirements under this provision will be considered a <br /> material breach. <br /> 37. WARRANTY AND DEGREE OF CARE. CONTRACTOR WARRANTS THE MATERIALS USED <br /> SHALL BE FREE OF DEFECT OR FAILURE FOR A PERIOD OF AT LEAST ONE YEAR FROM <br /> THE DATE OF COMPLETION OF THE SERVICES AND THAT ALL SERVICES PROVIDED BY <br /> CONTRACTOR SHALL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER IN <br /> ACCORDANCE WITH THE SPECIFICATIONS OF THIS AGREEMENT AND IN ACCORDANCE <br /> WITH THE DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR <br /> CIRCUMSTANCES BY COMPETENT CONTRACTORS IN TEXAS APPLICABLE TO THE TYPE <br /> OF SERVICES CONTEMPLATED HEREUNDER. IN THE EVENT ANY DEFECT IS <br /> DISCOVERED OR DEVELOPS IN MATERIALS PROVIDED BY CONTRACTOR OR WORK <br /> PERFORMED BY CONTRACTOR WITHIN ONE YEAR AFTER COMPLETION OF THE <br /> SERVICES,CONTRACTOR WILL REPAIR OR REPLACE ANY SUCH MATERIALS OR WORK <br /> SO THAT IT IS NOT DEFECTIVE AND MEETS THE REQUIREMENTS OF THIS AGREEMENT. <br /> IN WITNESS WHEREOF,the parties have executed this Agreement on the date(s)set forth opposite the signatures <br /> of their authorized representatives to be effective for all purposes on the Effective Date written above: <br /> OWNER: FIRM: <br /> THE CITY OF SAN MARCOS CXT,INC. <br /> Signed by: <br /> By: F11­ <br /> fV awt. b. LS) hp By: <br /> 997622DA93C94EC... <br /> Stephanie L Reyes, MPA m <br /> Name: Name„ 1 �r�+ �q. <br /> Title: city <br /> ITITmanager <br /> ITITIT—.�_ Title: <br /> 1/14/2025 <br /> Date: Date: <br /> _57— <br /> Exhibits: <br /> EXHIBIT 1 —CXT, Inc.Proposal <br /> EXHIBIT 2—Authorization of Change in Service Form <br /> EXHIBIT 3—ARPA Conformed Federal State and Local Requirements <br /> Rev 11 27 2023 Page.7 of <br />