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10.16 It is expressly agreed that the Consultant is an independent contractor and not an employee, <br />agent partner or joint venturer with the City. The Consultant will not pledge or attempt to pledge <br />the credit of the City. <br />10.17 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 Consultant is encouraged to utilize <br />green solutions in performing any services under the Agreement, as appropriate. <br />10.18 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 />other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this <br />ordinance. <br />10.19 If City funds are utilized to fund any part of this Agreement, the Consultant understands <br />that those City funds for the payment for work performed by the Consultant under this Agreement <br />have been provided through the City's budget approved by City Council for the current fiscal year <br />only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year <br />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 Consultant <br />acknowledges and agrees that it will have no recourse against the City for its failure to appropriate <br />funds for the purposes of this Agreement in any fiscal year other than the year in which this <br />Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar <br />year to September 30th of the following calendar year. <br />10.20 The Consultant is required to electronically generate a Certificate of Interested Parties <br />Form 1295 through the Texas Ethics Commission ( "TEC ") website <br />(bqljs.r mm ethics. state. tx.us /whatsnew/ elf wino fbrm1295,wht ) and submit a signed and <br />notarized copy of the form to the City prior to the award of the contract. This contract, including <br />a City- issued purchase order, will not be enforceable or legally binding until the City receives and <br />acknowledges receipt of the properly completed Form 1295 from the vendor. <br />ARTICLE 11 <br />SUCCESSORS AND ASSIGNS <br />11.1 The City and the Consultant, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all covenants of <br />this Agreement. The City and the Consultant will not assign, sublet or transfer any interest in this <br />Agreement without the prior written consent of the other. <br />AECOM Agreement for Disaster Recovery Support Services 5/17/2016 <br />19 <br />