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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 "Value <br />Purchasing" of environmentally friendly products. The Engineer is encouraged to identify and utilize green <br />solutions in performing any services under this Agreement, as appropriate. <br />14. Funding Out <br />As applicable, the Engineer understands that funds for the payment for work performed by the Engineer <br />under this Agreement have been provided through the City's budget approved by City Council for the <br />current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the <br />fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and <br />enters into this Agreement only to the extent such funds are made available. The Engineer acknowledges <br />and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes <br />of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal <br />year for the City extends from October 1 st of each calendar year to September 30th of the following calendar <br />year. <br />15. Assignment of Proiects <br />The City does not guarantee that any Project will be assigned during the term of this Agreement or any <br />subsequent renewal period. In addition, the City reserves the right to limit the number of Projects in <br />progress at any time. The volume of Projects assigned to the Engineer will be determined at the City's sole <br />discretion, and among other things be dependent upon the completion of previous work. If previous <br />Projects are not completed to the satisfaction of the City or Projects currently in progress are behind <br />schedule, additional Projects may not be assigned to the Engineer until all other work is completed or back <br />on schedule. The Engineer is reminded that the assignment of Projects is dependent on the availability <br />funding in accordance with Section 14 above. <br />16. Safety <br />The work to be performed under this contract will be performed at the Engineer's risk. The Engineer will <br />be responsible for initiating, maintaining, and supervising all safety precautions and programs to the extent <br />arising from the Engineer's work to be performed under this contract. The Engineer will take all reasonable <br />precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to <br />employees, the work, the endangered species, or the property directly affected by this contract and under <br />the Engineer's control. All actual and direct damage or loss to any property caused in whole or in part by <br />the Engineer, any subcontractor, or anyone directly or indirectly employed by any of them will be remedied <br />by the Engineer. <br />17. Notice <br />As required under this Agreement, notice will be delivered in writing to the parties at the following <br />locations: <br />CITY HALL o 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 ® 512.393.8150 ® FACSIMILE 855.759.2846 <br />SANMARCOSTX.GOV <br />9 <br />