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9.21 The Consultant'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 <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 this <br />ordinance. <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br />10.1 The City and the Consultant, 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 Consultant will not assign, sublet or transfer any interest in this <br />Agreement without the prior written consent of the other. <br />10.2 The Consultant will notify the City, in writing, of any change in its partnership /ownership <br />within 30 calendar days of such change. <br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br />11.1 This Agreement, including appendices and referenced attachments represents the entire <br />and integrated Agreement between the City and the Consultant and supersedes all prior proposals, <br />negotiations, representations or agreements either written or oral between the parties. In the event <br />of a dispute between the City and Consultant regarding the intent of this Agreement, both parties <br />agree that they will construe this Agreement in a manner consistent with the City's Request for <br />Proposals, the Consultant's proposal response and the public record of the City Council's approval <br />of this agreement as applicable. The Consultant's expenses for travel, office, production and other <br />expenses associated directly or indirectly with this Agreement are included as part of the total fee. <br />This Agreement may be amended only by written instrument, which must be signed by both the <br />City and the Consultant. The San Marcos City Council must approve any such authorization of <br />change in services or amendment if the compensation for which exceeds $50,000.00. <br />11.2 Any exhibits and /or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. In the event of any conflict between this <br />Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will <br />govern and control. <br />DKP Agreement <br />17 <br />