Res 2015-176/approving an annual agreement between the City and Techline, Inc. for the provision of Interim Inventory and Warehouse Management Services for the Public Services Department

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umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Contractor from compliance with these requirements. 11. No Waiver of Immunity The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 12. Remedies: No Waiver. In the event of a default or breach of this Agreement by the Contractor, 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 Contractor will not waive the City's ability to enforce this Agreement after that time. 13. "Green" Procurement It is the City's intent to be proactive with regard to the environment. The City encourages "Value Purchasing" of environmentally friendly products. The Contractor will coordinate with the City before utilizing green solutions in performing any services under this Agreement, as appropriate. 14. Funding Out As applicable, the Contractor understands that funds for the payment for work performed by the Contractor under this Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Contractor acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 15. Safety The work to be performed under this contract will be performed entirely at the Contractor's risk. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this contract. The Contractor will take all reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them will be remedied by the Contractor. 16. Notice As required under this Agreement„ notice will be delivered in writing to the parties at the following locations: CITY HALL • 630 FAST HOPKINS • SAN MARCOS, TEXAS 78666.512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 10