Res 2025-188 Approving an on-call professional services agreement with Kimley-Horn and Associates Inc. for the the Transportation Master Plan Update Project. (2)

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VI. GENERAL PROVISIONS 5.01 Authority. This Agreement is made in part under the authority conferred ill Chapter 791, Texas Government Code. 5.02 Term. This Agreement becomes effective upon frill execution and terminates upon completion of all Project design obligations. 5.03 Severability. If any provision is held invalid, the remainder of the Agreement remains effective. 5.04 Payments from Current Revenues. Any payments required to be made by a Party under this Agreement will be paid from current revenues or other funds lawfully available to the Party for such purpose. 5.06 Cooperation. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. 5.07 Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter. 5.08 Amendments. Any amendment of this Agreement must be in writing and will be effective if signed by the authorized representatives of the Parties. 5.9 Notices. Any notices given under this Agreement will be effective if (i) forwarded to a Party by hand -delivery; (ii) transmitted to a Party by confirmed telecopy; or (iii) deposited with the U.S. Postal Service, postage prepaid, certified, to the address of the Party indicated below: CITY: 630 East Hopkins San Marcos TX, 78666 Attn: Shaun Condor Telephone: (512) 393-8134 Facsimile: N/A Email: scondor a,sanmarcostx.gov COUNTY: Hays County Judge Hays County l I l East San Antonio Street — Suite 300 San Marcos, TX 78666 5.10 Counterparts; Effect of Partial Execution. This Agreement may be executed simultaneously in multiple counterparts, each of which will be deemed an original, but all of which will constitute the same instrument.