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R. 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 <br />this ordinance. <br />ARTICLE 10 <br />SUCCESSORS AND ASSIGNS <br />A. 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 />this Agreement. The City and the Engineer will not assign, sublet or transfer any interest in this <br />Agreement without the prior written consent of the other. <br />B. The Engineer will notify the City, in writing, of any change in its partnership/ownership <br />within thirty (30) calendar days of such change. <br />ARTICLE 11 <br />EXTENT OF AGREEMENT <br />A. This Agreement, including appendices and referenced attachments represents the entire <br />and integrated Agreement between the City and the Engineer and supersedes all prior proposals, <br />negotiations, representations or agreements either written or oral between the parties. In the <br />event of a dispute between the City and Engineer regarding the intent of this Agreement, both <br />parties agree that they will construe this Agreement in a manner consistent with the City's <br />Request for Proposals, the Engineer's proposal response and the public record of the City <br />Council's approval of this agreement as applicable. This Agreement may be amended only by <br />written instrument, which must be signed by both the City and the Engineer. The San Marcos <br />City Council must approve any such authorization of change in services or amendment if the <br />compensation for which exceeds $50,000.00. The City may agree to a revised completion <br />date/extension of time at its sole discretion, and only upon receipt of a fully executed <br />Authorization of Change in Services form. <br />B. Any exhibits and/or attachments attached to this Agreement are incorporated by reference <br />into this Agreement as though included verbatim herein. <br />C. In the event of any conflict between this Agreement and the provisions of any exhibit or <br />attachment to this Agreement, this Agreement will govern and control. <br />10 <br />