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public funds beyond the fiscal year for which a budget has been approved. The City cannot <br />guarantee the availability of funds, and enters into the Agreement only to the extent such funds are <br />made available. The Engineer acknowledges and agrees that it will have no recourse against the <br />City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other <br />than the year in which the Agreement was executed. The fiscal year for the City extends from <br />October 1 st of each calendar year to September 30th of the following calendar year. <br />10.15 The work to be performed under this Agreement will be performed entirely at the <br />Engineer's risk. The Engineer will be responsible for initiating, maintaining, and supervising all <br />safety precautions and programs in connection with the work to be performed under this <br />Agreement. The Engineer will take all reasonable precautions for the safety of and will provide <br />all reasonable 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 caused in <br />whole or in part by the Engineer, any of its subconsultants, or anyone directly or indirectly <br />employed by any of them will be remedied by the Engineer. <br />10.16 The captions or headings included in this Agreement are for convenience only and in no <br />way define, limit or describe the scope or intent of any provisions, articles, or sections of this <br />Agreement. <br />10.17 In the event that the performance by either the City or the Engineer of any of its obligations <br />under this Agreement is interrupted or delayed by events outside of their control such as acts of <br />God, war, riot or civil commotion, then the party is excused from such performance for the period <br />of time reasonably necessary to remedy the effects of such events. <br />10.18 If applicable, the Engineer will pay all license fees, royalties and other costs incident to the <br />use of any invention, design, process, product or device subject to a patent right or copyright held <br />by others in performing the work or in the completed Project. <br />10.19 It is expressly agreed that the Engineer is an independent contractor and not an employee, <br />agent partner or joint venturer with the City. The Engineer will not pledge or attempt to pledge <br />the credit of the City. <br />10.20 It is the City's intent to be proactive with regard to the environment. The City encourages <br />"value purchasing" of environmentally friendly products. The Engineer is encouraged to utilize <br />green solutions in performing any services under the Agreement, as appropriate. <br />10.21 The Consultant's attention is called to the fact that pursuant to San Marcos Ordinance No. <br />2013 -57, as amended, all City of San Marcos owned and rented/leased properties are smoke free <br />properties. All Consultants, their subconsultants and employees are prohibited from smoking <br />while on City property. This prohibition includes the enclosed areas of public places and <br />workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City <br />parks and the grounds outside of any City building. This prohibition includes e- cigarettes and <br />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />17 <br />