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NPS-2.2 (4/23/20) <br />($1,000,000) per occurrence, combined single limit bodily injury liability and <br />property damage liability. This coverage shall include all Contractor owned vehicles <br />used in connection with Contractor'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 <br />self-insurance maintained by City. <br />6.2 Contractor 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, Contractor, or its <br />officers, employees and agents in performing the Services. <br />ARTICLE 7 — CONFLICTS OF INTEREST <br />7.1 Contractor 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 Contractor's Services. Contractor 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 />7.2 Contractor agrees it is not a designated employee within the meaning of the Political <br />Reform Act because Contractor: <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 <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 Contractor must disclose its financial interests, <br />Contractor shall complete and file a Fair Political Practices Commission Form 700, <br />Statement of Economic Interests, with the City Clerk's office pursuant to the written <br />instructions provided by the City Clerk. <br />4 <br />L:\ca\djm\Agreements\Weber Water Resources Agrcement.NPS-2.2.doc.jn <br />