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of time reasonably necessary to remedy the effects of such events. <br /> 10.15 If applicable,the Engineer will pay all license fees,royalties and other costs incident to the <br /> use of any invention, design,process,product or device subject to a patent right or copyright held <br /> by others in performing the work or in the completed Project. <br /> 10.16 It is expressly agreed that the Engineer is an independent contractor and not an employee, <br /> agent partner or joint venture with the City. The Engineer will not pledge or attempt to pledge the <br /> 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 Engineer is encouraged to utilize <br /> green solutions in performing any services under the Agreement, as appropriate. <br /> 10.18 The Engineer'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 Engineers, their subconsultants and employees are prohibited from smoking while <br /> on City property. This prohibition includes the enclosed areas of public places and workplaces and <br /> 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 If City funds are utilized to fund any part of this Agreement,the Engineer understands that <br /> those City funds for the payment for work performed by the Engineer under this Agreement have <br /> been provided through the City's budget approved by City Council for the current fiscal year only. <br /> State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for <br /> which a budget has been approved. The City cannot guarantee the availability of funds, and enters <br /> into this Agreement only to the extent such funds are made available. The Engineer acknowledges <br /> and agrees that it will have no recourse against the City for its failure to appropriate funds for the <br /> purposes of this Agreement in any fiscal year other than the year in which this Agreement was <br /> executed. The fiscal year for the City extends from October 1st of each calendar year to September <br /> 30th of the following calendar year. <br /> 10.20 The Engineer 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 Engineer, 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 />