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NPS-2 1 (08/2/19) <br /> 7 2 Contractor agrees it is not a designated employee within the meaning of the Political <br /> Reform Act because Contractor <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 /> (in) 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 mdividual holding a <br /> position specified m City's Conflict of Interest Code under Government Code section <br /> 87302 <br /> 7 3 In the event City 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 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 /> 8 2 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 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 /> 8 3 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 <br /> have control over the conduct of Contractor or Contractor's employees, except as herein <br /> set forth Contractor shall supply all necessary tools and instrumentalities required to <br /> perform the Services Assigned personnel employed by Contractor are for its account <br /> only, and in no event shall Contractor or 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 Contractor <br /> shall have no authority, express or implied, to act on behalf of City in any capacity <br /> 4 <br /> L 1ca\djm1Agreements\C&V Equipment Agreement.NPS-2 I jn.doe <br />