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A.Does not snake 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 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 g=t City approval of,policies,standards or guidelines for City or <br /> for any subdivision thereof. <br /> B. Does not serge in a staff capacity with City and in that capacity, participate in <br /> making a goverru>aental 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 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 S—GENTRAL 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. <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 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 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 /> I:1caWjmlAgrecmrnsILSLPreffiasiona[ServiemAgredtwnt4.5.Mdocx 4 <br />