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7.2 'Consultant agrees it is not a designated employee within the meaning of the Political <br />Refortn 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 />(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 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 />7.3 In the event City determines that Consultant must disclose its financial interests, Consultant <br />shall complete and filo 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 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 />'assignmentor 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 perform <br />the Services. Assigned personnel employed by Consultant are for its account only, and in <br />no event shall Consultant or personnel retained by it be deemed to have been employed by <br />City or engaged by City for the account of, or on behalf of City. Consultant shall have no <br />authority, express or implied, to act on behalf of City in any capacity whatsoever as an <br />4 <br />I,.\ca\Agreements\Inland Presort and Mailing Services Agreement.Citras Center.PS-1.I.FY2I-0174.docx <br />