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the intent of this Agreement, both parties agree that this Agreement will be construed in a manner consistent <br />with the City's Request for Proposals, the Contractor's Proposal Response, and the public record of the <br />City Council's approval of this Agreement as applicable. This Agreement may be amended only by written <br />instrument, which must be signed by both the City and the Contractor. The San Marcos City Council must <br />approve any such authorization of change in services or amendment if it results in a change, the <br />compensation for which exceeds $50,000.00. <br />(n) Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this <br />Agreement as though included verbatim herein. In the event of any conflict between these Terms and <br />Conditions and the provisions of any exhibit or attachment to this Agreement, these Terms and Conditions <br />will govern and control. <br />(o) The Contractor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as <br />amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All <br />Contractors, their subcontractors and employees are prohibited from smoking while on City property. This <br />prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and <br />windows of City-owned or rented buildings, all City parks and the grounds outside of any City building. <br />This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this <br />Agreement for noncompliance with this ordinance. <br />CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TExAs 78666.512.393.8150 • FACSIMILE 855.759.2846 <br />SANMARCOSTX.GOV <br />13 <br />