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(iii) authorize the 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 Cleric'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. <br /> 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other <br /> documents developed by Consultant in connection with its performance of the Services, <br /> and any copyright interest in such documents, shall become the property of City and shall <br /> be delivered to City upon completion of the Services, or upon the request of City. Any <br /> reuse of such documents, and any use of incomplete documents, shall be at City's sole <br /> risk. <br /> 8.4 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 /> 1:%ca1djmlAgreementsNMitrix Consulting Group 2.2016.doc 4 <br />