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occurrence and Two Million Dollars ($2,000,000) aggregate foi public liability, property <br /> damage and personal injury is required City shall be named as an additional insured and <br /> such insurance shall be primary and non-contributing to any insurance or self-insuiance <br /> maintained by City <br /> 63 Workers' Compensation and Employer's Liability insurance in the amount that meets <br /> statutory requirements with an insurance carrier acceptable to City, or certification to <br /> City that Consultant is self-insured of exempt from the workers' compensation laws of <br /> the State of California Consultant shall provide City with Exhibit "B," entitled <br /> "Workers' Compensation Insurance Certification," which is attached hereto and <br /> incorporated herein by this reference prior to commencement of the Services <br /> 64 Consultant shall have business auto liability coverage, with minimum limits of One <br /> Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability <br /> and property damage liability This coverage shall include all Consultant owned vehicles <br /> used in connection with Consultant's provision of the Services, hired and non-owned <br /> vehicles, and employee non-ownership vehicles City shall be named as an additional <br /> insured and such insurance shall be primary and non-contributing to any insurance or self <br /> insurance maintained by City <br /> 65 Consultant shall defend, indemnify and hold harmless City and its elected officials, <br /> employees and agents from and against any and all claims, losses or liability, including <br /> attorneys' fees, arising from injury or death to persons or damage to property occasioned <br /> by any negligent act of omission by, or the willful misconduct of, Consultant, or its <br /> officers, employees and agents in performing the Services <br /> ARTICLE 7 —CONFLICTS OF INTEREST <br /> 71 Consultant covenants and represents that it does not have any investment or interest in <br /> any real property that may be the subject of this Agreement or any other source of <br /> income, interest in real property or investment that would be affected in any manner or <br /> degree by the performance of Consultant's Services Consultant further covenants and <br /> represents that in the performance of its duties hereunder, no person having any such <br /> interest shall perform any Services under this Agreement <br /> 72 Consultant agrees it is not a designated employee within the meaning of the Political <br /> Reform 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 /> (u) 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 /> [lcald}mlAgreements\Verstas Creative Agency agreement.doe 3 <br />