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(i) approve a rate, rule or regulation, or adopt or enforce a City law, <br /> (n) issue, deny, suspend or revoke any City permit, license, application, <br /> certification, approval, order or similar authorization or entitlement, <br /> (iii) authorize 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 of similar item, <br /> (vt) 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 /> 8 1 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 /> 84 Consultant is for all purposes under this Agreement an independent contractor and shall <br /> perform the Services as an independent contractor Neither City not its agents shall have <br /> control over the conduct of Consultant of Consultant's employees, except as herein set <br /> forth Consultant shall supply all necessary tools and instrumentalities required to <br /> perform the Services Assigned personnel employed by Consultant are for its account <br /> only, and in no event shall Consultant of personnel retained by it be deemed to have been <br /> employed by City or engaged by City for the account of, or on behalf of City Consultant <br /> shall have no authority, express or implied, to act on behalf of City in any capacity <br /> C-1Users\kgiorgianmlAppData\LocalkMEcrosoftlWtndows\Tempomry Internet Files\Content.0utlook\VH6GKFWN\Professional services <br /> Agreement Geo Logic.doex <br />