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9.17 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 /> 9.18 If applicable, the Consultant understands that City funds for the payment for work <br /> performed by the Consultant under this Agreement have been provided through the City's budget <br /> approved by City Council for the current fiscal year only. State statutes prohibit the obligation <br /> and expenditure of public funds beyond the fiscal year for which a budget has been approved. The <br /> City cannot guarantee the availability of funds, and enters into this Agreement only to the extent <br /> such funds are made available. The Consultant acknowledges and agrees that it will have no <br /> recourse against the City for its failure to appropriate funds for the purposes of this Agreement in <br /> any fiscal year other than the year in which this Agreement was executed. The fiscal year for the <br /> City extends from October 1st of each calendar year to September 30th of the following calendar <br /> year. <br /> 9.19 The Consultant is required to electronically generate a Certificate of Interested Parties <br /> Form 1295 through the Texas Ethics Commission ("TEC") website <br /> (https://www.ethics.state.tx.us/whatsnew/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 10 <br /> SUCCESSORS AND ASSIGNS <br /> 10.1 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 /> 10.2 The Consultant will notify the City, in writing, of any change in its partnership/ownership <br /> within 30 calendar days of such change. <br /> Cobb Fendley Downtown District Distribution Study 12/20/2016 <br /> 10 <br />