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(d) The Consultant hereby affn-ms that Consultant and <br />Consultant's fn-m have not made or agreed to make any <br />valuable gift whether in the form of service, loan, thing, <br />or promise to any person or any of his/her immediate <br />family, having the duty to recommend, the fight to vote <br />upon, or any other direct influence on the selection of <br />consultants to provide professional services to the City <br />within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defmedbythe <br />Texas Election Code or the San Marcos City Code will <br />not be considered as a valuable gift for the purposes of <br />this Agreement. <br /> <br />(e) In performing the services required under this <br />Agreement, the Consultant will not discriminate against <br />any person on the basis of race, color, religion, sex, <br />national origin, age or disability. <br /> <br />(f) All references in this Agreement to any particular <br />gender are for convenience onlyand will be construed <br />and interpreted to be of the appropriate gender. The <br />term "will" is mandatory in this Agreement. <br /> <br />(g) Should any provision in this Agreement be found or <br />deemed to be invalid, this Agreement will be construed <br />as not containing the provision, and all other provisions <br />which are otherwise lawful will remain in full force and <br />effect, and to this end the provisions of this Agreement <br />are declared to be severable. <br /> <br />(h) All services provided pursuant to this Agreement <br />are for the exclusive use and benefit of the City. <br /> <br />(i) The City of San Marcos is governed by the Texas <br />Public InformationAct (the"Act"), Chapter 552 of the <br />Texas Government Code. This Agreement and all <br />written information generated under this agreement may <br />be subject to release under the Act. The Consultant <br />shall not make any reports, information, data, etc. <br />generated under this Agreement available to any <br />individual or organization without the written approval <br />of the City. <br /> <br />(j) The City and the Consultant, respectively, bind <br />themselves, their parmers, successors, assigns and legal <br />representatives to the other party to this Agreement and <br />to the partners, successors, assigns and legal <br />representatives of such other party with respect to all <br />covenants of this Agreement. The City and the <br />Consultant may not assign, sublet or transfer any <br />interest in this Agreementwithoutthe written consent of <br />the other. <br /> <br />(k) This Agreement represents the entire and integrated <br />Agreement between the City and the Consultant and <br />supersedes all prior negotiations, representations or <br />agreements either written or oral. Except as to a change <br />in the scope of services, the compensation for which <br />does not exceed $25,000.00, this Agreement may be <br />amended only by written instrument approved by the <br />City's governing body and signed by both the City and <br />the Consultant. <br /> <br />(1) Any exhibits and/or attachments attached to this <br />Agreement are incorporated by reference into this <br />Agreement as though included verbatim herein. <br /> <br />(m) In the event of any conflict between these Terms <br />and Conditions and the provisions of any exhibit or <br />attachment to this Agreement, these Terms and <br />Conditions will govern and control. <br /> <br />C:kMyfileskAgreemnt.fld\ts&cs.wpd 3 <br /> <br /> <br />