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EA 7 2 (9118) <br />such insurance prior to commencement of the Services Insurance policies shall include a <br />provision prohibiting cancellation or modification of the policy except upon thirty (30) <br />days prior written notice to City <br />A 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 or exempt from the workers' compensation laws of <br />the State of California Consultant shall execute and provide City with Exhibit "C" <br />entitled "Workers' Compensation Insurance Certification," which is attached hereto <br />and incorporated herein by this reference prior to performance of the Services <br />B Comprehensive General Liability insurance with carriers acceptable to City in the <br />minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million <br />Dollars ($2,000,000) aggregate, for public liability, property damage and personal <br />injury is required City shall be named as an additional insured and such insurance shall <br />be primary and non-contributing to any insurance or self-insurance maintained by City <br />C Professional Liability insurance in the amount of One Million Dollars ($1,000,000) per <br />claim made <br />D Business Auto Liability coverage, with minimum limits of One Million Dollars <br />($1,000,000) per occurrence, combined single limit bodily injury liability and property <br />damage liability This coverage shall include all Consultant owned vehicles used in <br />connection with Consultant's provision of the Services, hired and non -owned vehicles, <br />and employee non -ownership vehicles City shall be named as an additional insured <br />and such insurance shall be primary and non-contributing to any insurance or self- <br />insurance maintained by City <br />E Assignment Consultant is expressly prohibited from assigning or subcontracting any <br />of the Services without the prior written consent of City <br />62 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 or omission by, or the willful misconduct of, Consultant, or its officers, <br />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 any <br />real property that may be the subject of this Agreement or any other source of income, <br />interest in real property or investment that would be affected in any manner or degree by <br />the performance of Consultant's Services Consultant further covenants and represents that <br />in the performance of its duties hereunder, no person having any such interest shall perform <br />any Services under this Agreement <br />3 <br />UraldimlAgreementslAGREEMENT TO PERFORM PROFESSIONAL SERVICES _FIRST CARBON — 1600 ORANGE.doex <br />