Res 2016-075/approving an agreement with Kimley-Horn and Associates, Inc. for the provision of parking management consulting services in connection with the implementation of a parking management program in downtown San Marcos in the not-to-exceed amount

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parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 10.12 The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Consultant will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. 10.13 In the event that the performance by either the City or the Consultant of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 10.14 If applicable, the Consultant 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. 10.15 It is expressly agreed that the Consultant is an independent contractor and not an employee, agent partner or joint venturer with the City. The Consultant will not pledge or attempt to pledge the credit of the City. 10.16 It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Consultant is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. 10.17 The Consultant'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 Consultants, 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. 10.18 If City funds are utilized to fund any part of this Agreement, the Consultant understands that those City funds for the payment for work performed by the Consultant 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 Consultant 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 Kimley -Horn and Associates, Inc. Management Consulting Services 6/2016 12