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NPS-2.2 (226120) by any negligent act or omission by, or the willfW misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that Nvould be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law-, (H) issue, deny, suspend or revolze any City pennit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City, to enter -into, -modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position. specified in City's Conflict of Interest Code under Government Code section 87302. 73 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONIS 8.1 lit the event any action is commenced to enforce or interpret any of the teens or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief; be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Panty. 8? Contractor shall not assign any of the Services, except with the prior written. approval of City and in strict compliance with the terms and conditions of this Agreement. Any 4 LAcaldjm\AgreementsW2 Envirorunental A--=nent,%;PS-2.2.docx 4.10.20.domin