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10.16 It is expressly agreed that the Contractor is an independent contractor and not an <br /> employee, agent partner or joint venturer with the City. The Contractor will not pledge or <br /> attempt to pledge the credit of the City. <br /> 10.17 It is the City's intent to be proactive with regard to the environment. The City <br /> encourages "value purchasing" of environmentally friendly products. The Contractor is <br /> encouraged to utilize green solutions in performing any services under the Agreement, as <br /> 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 Contractors, their subcontractors 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 <br /> this ordinance. <br /> 10.19 If City funds are utilized to fund any part of this Agreement, the Contractor understands <br /> that those City funds for the payment for work performed by the Contractor under this <br /> Agreement have been provided through the City's budget approved by City Council for the <br /> current fiscal year only. State statutes prohibit the obligation and expenditure of public funds <br /> beyond the fiscal year for which a budget has been approved. The City cannot guarantee the <br /> availability of funds, and enters into this Agreement only to the extent such funds are made <br /> available. The Contractor acknowledges and agrees that it will have no recourse against the City <br /> for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other <br /> than the year in which this Agreement was executed. The fiscal year for the City extends from <br /> October 1st 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 /> (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 <br /> and 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 Contractor, 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 Contractor will not assign, sublet or transfer any interest in this <br /> Agreement without the prior written consent of the other. <br /> 22 <br />