Res 2015-060/Professional Services Agreement between the City and Brown Reynolds Watford Architects, Inc. for the provision of Professional Architectural Services in connection with the San Marcos Fire Station No. 4 project in the not-to-exceed amount of

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10.17 In the event of a default or breach of this Agreement by the Architect, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Architect will not waive the City's ability to enforce the Agreement after that time. 10.18 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. 10.19 If applicable, the Architect will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 10.20 It is expressly agreed that the Architect is an independent contractor and not an employee, agent partner or joint venturer with the City. The Architect will not pledge or attempt to pledge the credit of the City. 10.21 It is the City's intent to be proactive with regard to the environment. The City encourages "value" purchasing of environmentally friendly products. The Architect is encouraged to identify and utilize green solutions in performing any services under the Agreement, as appropriate. 10.22 The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas: Texas Board of Architectural Examiners (TBAE) P.O. Box 12337 Austin, Texas 78711 512/ 305.9000 10.23 The Architect's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All Architects, their subconsultants and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City-owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. ARTICLE 11 SUCCESSORS AND ASSIGNS 11.1 The City and the Architect, respectively, bind themselves, their partners, successors, BRW San Marcos Fire Station No.4 23