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represents that in the performance of its duties hereunder, no person having any such <br /> interest shall perform any Services under this Agreement <br /> 72 Consultant agrees it is not a designated employee within the meaning of the Political <br /> Reform Act because Consultant <br /> A Does not make a governmental decision whether to <br /> (i) approve a rate,rule or regulation, or adopt or enforce a City law, <br /> (ii) issue, deny, suspend or revoke any City permit, license, application, <br /> certification, approval,order or similar authorization or entitlement; <br /> (iii)authorize the City to enter into,modify or renew a contract, <br /> (iv) grant City approval to a contract that requires City approval and to which City <br /> is a party, or to the specifications for such a contract, <br /> (v)grant City approval to a plan, design,report, study or smular item, <br /> (vi) adopt or grant City approval of, policies, standards or guidelines for City or <br /> for any subdivision thereof <br /> B Does not serve in a staff capacity with City and in that capacity, participate in <br /> making a governmental decision or otherwise perform the same or substantially <br /> the same duties for City that would otherwise be performed by an individual <br /> holding a position specified in City's Conflict of Interest Code under Government <br /> Code section 87302 <br /> 73 In the event City officially determines that Consultant must disclose its financial <br /> interests, Consultant shall complete and file a Fair Political Practices Commission Form <br /> 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written <br /> instructions provided by the City Clerk <br /> ARTICLE 8—GENERAL CONSIDERATIONS <br /> 81 In the event any action is commenced to enforce or interpret any of the terms or <br /> conditions of this Agreement the prevailing Party shall, in addition to any costs and other <br /> relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the <br /> use of in-house counsel by a Party <br /> 82 Consultant shall not assign any of the Services, except with the prior written approval of <br /> City and in strict compliance with the terms and conditions of this Agreement <br /> 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other <br /> documents developed by Consultant in connection with its performance of the Services, <br /> and any copyright interest in such documents, shall become the property of City and shall <br /> be delivered to City upon completion of the Services, or upon the request of City Any <br /> reuse of such documents, and any use of incomplete documents, shall be at City's sole <br /> risk. <br /> 4 <br />