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(i) approve a rate, rule or regulation, or adopt or enforce a City law,
<br /> (if) 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
<br /> City is a party, or to the specifications for such a contract,
<br /> (v) grant City approval to a plan, design, report, study or similar item,
<br /> (vi) adopt or grant City approval of, policies, standards or guidelines for City of
<br /> for any subdivision thereof
<br /> B Does not serve in a staff capacity with City and, in that capacity,participate in making
<br /> a governmental decision or otherwise perform the same of substantially the same duties
<br /> for City that would otherwise be performed by an individual holding a position
<br /> specified in City's Conflict of Interest Code under Government Code section 87302
<br /> 73 In the event City officially determines that Contractor must disclose its financial interests,
<br /> Contractor shall complete and file a Fair Political Practices Commission Form 700,
<br /> Statement of Economic Interests, with the City Clerk's office pursuant to the written
<br /> instructions provided by the City Clerk
<br /> ARTICLE S—GENERAL CONSIDERATIONS
<br /> 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions
<br /> of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
<br /> entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
<br /> house counsel by a Party
<br /> 82 Contractor 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 Contractor 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 risk
<br /> 84 Contractor is for all purposes under this Agreement an independent contractor and shall
<br /> perform the Services as an independent contractor Neither City nor of its agents shall have
<br /> control over the conduct of Contractor of Contractor's employees, except as herein set
<br /> forth Contractor shall supply all necessary tools and instrumentalities required to perform
<br /> the Services Assigned personnel employed by Contractor are for its account only, and in
<br /> no event shall Contractor or personnel retained by it be deemed to have been employed by
<br /> City or engaged by City for the account of, or on behalf of City Contractor shall have no
<br /> authority, express or implied, to act on behalf of City in any capacity whatsoever as an
<br /> agent, nor shall Contractor have any authority, express or implied, to bind City to any
<br /> obligation
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<br /> 1 IcaldjmlAgrecmentslCahfornta Agn Contro4.2017 docx
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