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EA 7 2 (4/18) <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 />(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 <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 <br />or 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 />position 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 Fair 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 <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 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 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 />4 <br />L 1ca1djmlAgreementslAGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARSON — 1600 ORANGE.dncx <br />