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(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 guidelmes 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 making <br />a governmental decision or otherwise perform the same or substantially the same duties <br />for City that would otherwise be performed by an individual holding a position <br />specified in City's Conflict of Interest Code under Government Code section 87302 <br />7.3 In the event City determines that Contractor must disclose its financial interests, Contractor <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 />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 any 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 only, <br />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 />whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind <br />City to any obligation. <br />8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less <br />than ten (10) days prior written notice to Contractor of City's intent to terminate. If this <br />Agreement is terminated by City, an adjustment to Contractor's compensation shall be <br />made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, <br />and (2) any payment due Contractor at the time of termination may be adjusted to the extent <br />of any additional costs to City occasioned by any default by Contractor Upon receipt of a <br />4 <br />L:\ca\djm\Agreements\Genesis Staffing Firm Agreement.NPS-2.1.FY21-0076.docx.jn <br />