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<br /> <br /> Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries. <br />Section 2274 of the Texas Government Code (SB19) restricts the City from contracting with companies that <br />discriminate against firearm and ammunition industries. By signing below as an authorized signer, the Bidder <br />certifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity <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 for a contract value greater than $100,000.) Failure <br />to maintain the requirements under this provision will be considered a material breach. <br /> <br /> 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 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 /> <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 /> <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 /> <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 1st of each calendar year to September 30th of the <br />following calendar year. <br /> <br />Ethics Matters; No Financial Interest. Firm and its employees, agents, representatives, and subcontractors <br />have read and understand OwnerEthics 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 <br />described by OwnerProfessional 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 /> <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 /> <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 />Rev 12.12.2024 <br />Page 5 of 44 <br /> <br />