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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 />10.19 The Consultant is required to electronically generate a Certificate of Interested Parties <br />Form 1295 through the Texas Ethics Commission ( "TEC ") website <br />(httos://www.ethics.state.tx.us/wliatsnew/elf info form1295.htm) 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 />11.2 The Consultant will notify the City, in writing, of any change in its partnership /ownership <br />within 30 calendar days of such change. <br />ARTICLE 12 <br />EXTENT OF AGREEMENT <br />12.1 This Agreement, including appendices and referenced attachments represents the entire <br />and integrated Agreement between the City and the Consultant and supersedes all prior proposals, <br />negotiations, representations or agreements either written or oral between the parties. In the event <br />of a dispute between the City and Consultant regarding the intent of this Agreement, both parties <br />agree that they will construe this Agreement in a manner consistent with the City's Request for <br />Proposals, the Consultant's proposal response and the public record of the City Council's approval <br />of this agreement as applicable. The Consultant's expenses for travel, office, production and other <br />expenses associated directly or indirectly with this Agreement are included as part of the total fee. <br />This Agreement may be amended only by written instrument, which must be signed by both the <br />City and the Consultant. The San Marcos City Council must approve any such authorization of <br />change in services or amendment if the compensation for which exceeds $50,000.00. <br />12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />12.3 In the event of any conflict between this Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />Kimley -Horn and Associates, Inc. Management Consulting Services 6/2016 <br />13 <br />