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13. "Green" Procurement <br />It is the City's intent to be proactive with regard to the environment. The City encourages <br />"Value Purchasing" of environmentally friendly products. Perdue is encouraged to <br />identify and utilize green solutions in performing any services under the Contract, as <br />appropriate. <br />14. Safety <br />The work to be performed under this contract will be performed entirely at Perdue's risk. <br />Perdue will be responsible for initiating, maintaining, and supervising all safety <br />precautions and programs in connection with the work to be performed under this contract. <br />Perdue will take all reasonable precautions for the safety of and will provide all reasonable <br />protection to prevent damage, injury, or loss to employees, the work, the endangered <br />species, or the property affected by this contract. All damage or loss to any property <br />caused in whole or in part by Perdue, any subcontractor, or anyone directly or indirectly <br />employed by any of them will be remedied by Perdue. <br />15. Taxes <br />Perdue will not include Federal taxes or State of Texas limited sales excise and use taxes in <br />its invoices or vouchers and statement of costs. The City is exempt from payment of such <br />taxes and Perdue may retrieve a resale certificate for use on this Project from the State of <br />Texas Comptroller's website. <br />16. Miscellaneous Provisions <br />(a) The Contract is governed by the law of the State of Texas. The Contract is to be <br />performed in Hays County and exclusive venue for any dispute arising under the Contract <br />is in Hays County, Texas. <br />(b) As to all acts or failures to act by either party to the Contract, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have <br />accrued when the party commencing the cause of action knew or should have known of the <br />existence of the subject act or failure to act. <br />(c) Perdue hereby affirms that neither Perdue, Perdue's firm nor any of its associates or <br />employees have made or agreed to make any valuable gift whether in the form of service, <br />loan, thing, or promise to any person or any of his /her immediate family, having the duty <br />to recommend, the right to vote upon, or any other direct influence on the selection of <br />consultants to provide professional services to the City within the two years preceding the <br />execution of the Contract. A campaign contribution, as defined by the Texas Election <br />Code or the San Marcos City Code will not be considered as a valuable gift for the <br />purposes of the Contract. Perdue further agrees that none of its paid personnel will be <br />employees of the City or have any contractual relationship with the City. All activities, <br />investigations, and other efforts made by Perdue pursuant to the Contract will be <br />conducted by employees, associates, or independent contractors of Perdue. <br />11 <br />