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of funds, and enters into the Agreement only to the extent such funds are made available. The Consultant <br />acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds <br />for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was <br />executed. The fiscal year for the City extends from October 1st of each calendar year to September 30th <br />of the following calendar year. <br />15. Safety <br />The work to be performed under this contract will be performed entirely at the Consultant's risk. The <br />Consultant will be responsible for initiating, maintaining, and supervising all safety precautions and <br />programs in connection with the work to be performed under this contract. The Consultant will take all <br />reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, <br />injury, or loss to employees, the work, the endangered species, or the property affected by this contract. <br />All damage or loss to any property caused in whole or in part by the Consultant, any subcontractor, or <br />anyone directly or indirectly employed by any of them will be remedied by the Consultant. <br />16. Notice <br />As required under the Agreement, notice will be delivered in writing to the parties at the following <br />locations: <br />To the City: <br />City of San Marcos <br />Jared Miller, City Manager <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />To the Consultant: <br />Broaddus & Associates, Inc. <br />Stephen B. Coulston, AIA, Executive Vice President <br />1301 South Capital of Texas Highway <br />Suite A -302 <br />Austin, Texas 78746 <br />17. Taxes <br />The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes in its <br />invoices or vouchers and statement of costs. The City is exempt from payment of such taxes and the <br />Consultant may retrieve a resale certificate for use on this Project from the State of Texas Comptroller's <br />website. <br />18. Miscellaneous Provisions <br />(a) The Agreement is governed by the law of the State of Texas. The Agreement is to be performed in <br />Hays County and exclusive venue for any dispute arising under the Agreement is in Hays County, Texas. <br />CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TExAs 78666 • 512.393.8150 • FACSIMILE 512.393.3983 <br />SANMARCOSTX.GOV <br />12 <br />