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for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into this <br />Agreement only to the extent such funds are made available. The Consultant acknowledges and agrees that it will <br />have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal <br />year other than the year in which this Agreement was executed. The fiscal year for the City extends from October <br />1 st of each calendar year to September 30th of the following calendar year. <br />18. Safety <br />The work to be performed under this contract will be performed entirely at the Consultant's risk. The Consultant <br />will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection <br />with the work to be performed under this contract. The Consultant will take all reasonable precautions for the safety <br />of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the <br />endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or <br />in part by the Consultant, any subcontractor, or anyone directly or indirectly employed by any of them will be <br />remedied by the Consultant. <br />19. Notice <br />As required under this Agreement, notice will be delivered in writing to the parties at the following locations: <br />To the City: <br />City of San Marcos <br />Jared Miller, City Manager <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />To the Consultant: <br />Leathers and Associates, Inc. <br />Marc Leathers, President <br />1771 Hanshaw Road, Ste. B <br />Ithaca, New York 14850 <br />20. Taxes <br />The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes in its invoices or <br />vouchers and statement of costs. The City is exempt from payment of such taxes and the Consultant may retrieve a <br />resale certificate for use on this Project from the State of Texas Comptroller's website. <br />21. Certificate of Interested Parties. <br />In the event that this contract reaches an amount greater than $50,000.00 the Consultant is required to electronically <br />create a Certificate of Interested Parties Form 1295 through the Texas Ethics Commission ("TEC") website <br />(https://www.ethics.state.tx.us/whatsnew/elf info forml295.htm) and submit a signed and notarized copy of the <br />form to the City prior to the award of the contract. A contract, including a City -issued purchase order, will not be <br />enforceable or legally binding until the City receives and acknowledges receipt of the properly completed Form <br />1295 from the Consultant. <br />21. Miscellaneous Provisions <br />(a) This Agreement is governed by the law of the State of Texas. This Agreement is to be performed in Hays <br />County and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. In the event of <br />CITY HALL. 630 EAST HOPKINS • SAN MARCOS, TExAs 78666 . 512.393.8150 • FACSIMILE 855.759.2846 <br />SANMARCOSTX.GOV <br />14 <br />