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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 />(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 <br />the same duties for City that would otherwise be performed by an individual <br />holding a position specified in City's Conflict of Interest Code under Government <br />Code section 87302. <br />7.3 In the event City determines that Consultant must disclose its financial interests, <br />Consultant 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 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 />8.3 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 <br />perform the Services. Assigned personnel employed by Consultant are for its account <br />only, and in no event shall Consultant 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. Consultant <br />shall have no authority, express or implied, to act on behalf of City in any capacity <br />whatsoever as an agent, nor shall Consultant have any authority, express or implied, to <br />bind City to any obligation. <br />4 <br />L:\ca\Agreements\M1G Environment AgmLEA-7.2.FY22-0049.docjn <br />