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i I 2fp~ one accident and in an amount of not less than-$1,OOO,OOO for property damage and (c) Professional liability coverage to cover lawful claims arising in connection with this Agreement with a limit of at least $1,000,000 annual aggregate. The stated limits of insurance by this Paragraph are MINIMUM ONLY and it will be the ENGINEER's responsibility to determine what limits are adequate. These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. The CITY's acceptance of Certificates of Insurance that in any respect do not comply with the requirements of this Agreement does not release the ENGINEER or its agents or subconsultants from compliance herewith. 8.5 The ENGINEER hereby affirms that ENGINEER and ENGINEER's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to provide professional design services to the CITY within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. 8.6 In performing the services required under this Agreement, the ENGINEER will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. 8.7 All references in this Agreement to any particular gender are for Gonvenience only and will be construed and interpreted to be of the neuter gender. The term "will" is mandatory in this Agreement. 8.8 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are not otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 8.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the CITY. 8.10 In performing this Agreement, ENGINEER, its subcontractors, successors and assigns will comply with all local, state and federal laws. 8.11 The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under this Act. ENGINEER will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the CITY. ENGINEER is not restricted in any way froin releasing information in response to a subpoena, court order, or legal process, but will notify CITY of the demand for information before ENGINEER responds to such demand. 8.12 ENGINEER and CITY waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, subcontractors, and employees for damages covered by property insurance during and after the completion of the Project. If the Project includes a construction phase, a similar provision will be incorporated into all construction phase contracts Page 15 contractlmsclsanmarco/6000100/agreement