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Ps 1 1(6/27118) <br /> in the performance of its duties hereunder,no person having any such interest shall perform <br /> 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 of regulation, or adopt of enforce a City law, <br /> (n) issue, deny, suspend of revoke any City permit, license, application, <br /> certification, approval, order of similar authorization of entitlement, <br /> (rrr) 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 <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 of guidelines for City <br /> of 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 the <br /> same duties for City that would otherwise be performed by an individual holding a <br /> positron specified in City's Conflict of Interest Code under Government Code <br /> section 87302 <br /> 73 In the event City determines that Consultant must disclose its financial interests,Consultant <br /> shall complete and file a Farr Political Practices Commission Form 700, Statement of <br /> Economic Interests, with the City Clerk's office pursuant to the written instructions <br /> 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 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 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 Any <br /> assignment or attempted assignment without such prior written consent may, in the sole <br /> discretion of City, results in City's immediate termination of this Agreement <br /> 83 Consultant is for all purposes under this Agreement an independent Consultant and shall <br /> perform the Services as an independent Consultant Neither City nor its agents shall have <br /> control over the conduct of Consultant or Consultant's employees, except as herein set <br /> forth Consultant shall supply all necessary tools and instrumentalities required to perform <br /> the Services Assigned personnel employed by Consultant are for its account only, and in <br /> [1ca1dpnlAgreementslvtrtual Project Manager Agreeinent.docx 4 <br />