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10.14 In the event that the performance by either the City or the Contractor of any of its <br />obligations under this Agreement is interrupted or delayed by events outside of their control such <br />as acts of God, war, riot or civil commotion, then the party is excused from such performance for <br />the period of time reasonably necessary to remedy the effects of such events. <br />10.15 If applicable, the Contractor will pay all license fees, royalties and other costs incident to <br />the use of any invention, design, process, product or device subject to a patent right or copyright <br />held by others in performing the work or in the completed Project. <br />10.16 It is expressly agreed that the Contractor is an independent contractor and not an employee, <br />agent partner or joint venturer with the City. The Contractor 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 Contractor is encouraged to utilize <br />green solutions in performing any services under the Agreement, as appropriate. <br />10.18 The Contractor'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 while <br />on City property. This prohibition includes the enclosed areas of public places and workplaces <br />and within 10 feet of doors and windows of City-owned or rented buildings, all City parks and the <br />grounds outside of any City building. This prohibition includes e-cigarettes and other inhaled <br />vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. <br />10.19 The Contractor understands that funds for the payment for work performed by the <br />Contractor under this Agreement have been provided through the City's budget approved by the <br />City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure <br />of public funds beyond the fiscal year for which a budget has been approved. The City cannot <br />guarantee the availability of funds, and enters into this Agreement only to the extent such funds <br />are made available. The Contractor acknowledges and agrees that it will have no recourse against <br />the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year <br />other than the year in which this Agreement was executed. The fiscal year for the City extends <br />from October I st of each calendar year to September 30th of the following calendar year. <br />10.20 The Contractor is required to electronically generate a Certificate of Interested Parties <br />Form 1295 through the Texas Ethics Commission ("TEC") website <br />(t,iLtp�>_//www.etl,iics,,st,,it,e,tx,t�s/wlicit,snew/ef" iiifo �'orm1295..htm-) and submit a signed and <br />— --- --------- ­­­, ­­­­ <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 <br />10.21 The Contractor will perform all services as is prudent considering the ordinary professional <br />skill and care of a competent contractor and in all cases in accordance with the schedule negotiated <br />with the City. The Contractor has taken into consideration and made allowance for all hindrances <br />and delays incident to such work, whether growing out of delays in securing material, workers, <br />16 <br />